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HomeMy WebLinkAboutCouncil Minutes - 1996-04-09COUNCIL\1996-04-09 APRIL 9, 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 Suddaby Public School Junior Choir under the direction of Wendy Pauls, following which those in attendance rose and observe one minute of silence in memory of James McGlynn, former Chief Fire Prevention Officer, who recently passed away. Councillor K. Redman thanked the Suddaby Public School Junior Choir and their director for their rendition of the National Anthem and presented each with a City pin as a memento of their visit. On motion by Councillor T. Galloway, the minutes of the regular meeting held on March 25, 1996, and the special meetings held March 25 and April 1, 1996, as mailed to the Mayor and Councillors, were accepted. A. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (a) Letter from the Region of Waterloo advising that no action was taken with regard to Council's resolution of December 11, 1995 regarding the health impact of cigarette smoke. Mayor R. Christy extended the warmest wishes of Council to Councillor Mark Yantzi on the occasion of his 50th birthday and presented a certificate in this regard. Councillor B. Vrbanovic advised that on Saturday, March 30, Team Kitchener, comprised of Councillors John Smola, B. Vrbanovic, T. Galloway, C. Weylie and G. Lorentz (coached by Councillor Jake Smola), won the pancake flipping contest at the Elmira Maple Syrup Festival. He called on the team to present the "Sap Bucket" trophy to Mayor R. Christy. Mr. Rudy Kruppa, President of the Kitchener Lions Club, was in attendance along with Club members and presented a cheque in the amount of $25,000 to Mayor R. Christy as a further contribution toward the Club's commitment to support the reflecting pool/skating rink at City Hall, and various artistic endeavours. Mayor R. Christy thanked the Lions Club on behalf of Council and staff for the contribution and their commitment to ensuring that the City Hall is a community facility. Councillor M. Wagner also thanked the Club on behalf of the City's Arts and Culture Advisory Committee, assuming that the contribution will be well spent and pointing out that past contributions have helped to pay for the "Horsepower" sculpture at the Duke Street entrance of City Hall. Ms. Pat McLean and Messrs. J. Bigelow and R. McKee appeared on behalf of Habitat for Humanity to share information on 1996 projects. Ms. McLean explained that the organization is comprised of volunteers, churches and local governments working in partnership to provide homes for Iow income families. She added that thirteen houses have now been completed on Daniel Street in Kitchener and that an additional seventeen projects are planned for 1996, two of which are in Kitchener. Mr. Bigelow thanked Council for its past support and provided details on 1996 projects including moving a house on May 4 from Breithaupt Street to Major Street. He explained that the move is also being organized as a fund-raiser whereby people will walk along with the house for a distance of approximately 4 km. Ms. P. McLean requested a grant from Council to cover Development Charges on the two proposed Kitchener Projects, either in the form of waiving the Charge, or alternately providing a grant in lieu. She extended an invitation to members of Council to participate in the fund-raiser on May 4 and asked that they contact the Habitat for Humanity office if interested. She also extended an invitation to attend the Annual General Meeting to be held on April 16, 1996. Councillor B. Vrbanovic enquired as to the value of the Development Charges and Ms. McLean replied that these are approximately $4,500 per lot, excluding building permit fees. Mr. T. McCabe clarified that the City's new Development Charge By-law was not in effect for past Habitat projects, and that under this legislation, Council cannot waive the Charges without amending the By-law. Mr. J. Gazzola advised that a grant would be required from the City's General Provision Account. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Ziegler APRIL 9, 1996 COUNCIL MINUTES - 115- CITY OF KITCI:IENER "That a grant in lieu of Development Charges be provided to Habitat for Humanity with respect to the two projects planned in Kitchener in 1996, with this amount to be debited from the City's General Provision Account." Carried. Mr. Len Gamache, Executive Director, Grand River Hospital Foundation, appeared and requested that Council reconsider its resolution of February 12, 1996 regarding the selling of raffle tickets by the Children's Hospital of Western Ontario Foundation. Mr. Gamache explained that his Hospital Foundation is currently in the midst of a $28.2 million fund-raising campaign and had initially expressed concern over issuing a raffle licence to the Children's Hospital of Western Ontario on the basis that fund-raising materials from the London-based hospital had been misleading in referencing themselves to the K-W community. A similar request from the Royal Bank on behalf of the London-based hospital was also subsequently denied. Mr. Gamache pointed out that he has since received assurances that this lottery promotion will not create confusion with respect to the campaign for the Kitchener-Waterloo Health Centre. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Redman "That this Council dispense with the required Notice of Motion to allow it to reconsider motions passed February 12 and March 25, 1996 relative to the sale of raffle tickets in the City of Kitchener by the Children's Hospital of Western Ontario Foundation." Carried with the required two-thirds of the whole Council. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Redman "That this Council reconsider its decision of February 12, 1996 in which no action was taken on the request from the Children's Hospital of Western Ontario Foundation to sell raffle tickets in Kitchener and the motion dated March 25, 1996 in which it denied the request of the Royal Bank of Canada on behalf of the Children's Hospital of Western Ontario Foundation concerning the issuance of a raffle licence." Carried with the required two-thirds majority of the members present. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Redman "That Council grant the request of the Children's Hospital of Western Ontario Foundation, 406-746 Base Line Road, London, Ontario, N6C 5Z2, for permission to sell raffle tickets in the City of Kitchener, through various financial institutions, from February until May, 1996." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Redman "That a raffle licence be issued to the Children's Hospital of Western Ontario to allow the Royal Bank of Canada, 1081 King Street East, Kitchener, to sell raffle tickets on teddy bears to raise money for the Hospital, with a draw to be held in Kitchener on June 3, 1996." Carried. Mr. Greg Rogalla, Canadian Bench Media Inc. appeared concerning the issue of bus bench advertising which was discussed at the Public Works & Transportation Committee meeting of April 1, 1996. At that meeting, a motion to enter into a three-year agreement to provide benches for Kitchener bus stops was defeated. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Wagner "That further consideration of the proposal of Canadian Bench Advertising Inc. to provide benches APRIL 9, 1996 COUNCIL MINUTES - 116- CITY OF KITCI:IENER for Kitchener bus stops be deferred and referred to the April 22, 1996 meeting of the Public Works & Transportation Committee, and that Mr. Greg Rogalla be advised of the meeting and be registered as a delegation." Both Councillors John Smola and G. Lorentz argued in favour of hearing the delegation this date rather than deferring the issue to Committee. Councillor Smola pointed out that the issue requires a political decision and that all information in this regard is presently available and he noted that there appears to be a conflict between aesthetic and revenue considerations in this regard. Councillor Lorentz noted that this is an opportunity to raise revenues to in part offset the cost of operating the transit system. Councillor Jake Smola requested additional information concerning the proposal; specifically, whether the City has received additional requests for benches, the current bench inventory and its physical condition. The previous motion by Councillor B. Vrbanovic, seconded by Councillor M. Wagner, to defer consideration of the bench advertising issue was voted on and Carried. Mr. Sid. Catalano, Manager Regional Development, and Mr. Nick Bacon, Transit Co-ordinator, appeared on behalf of Gould Outdoor Advertising with respect to clause 2 of the Public Works & Transportation Committee report of this date involving a proposed revision to a bus shelter advertising agreement. Council was in receipt this date of correspondence and a financial analysis from Gould dated April 9, 1996. It was noted that Gould is responding to the City's request for a proposal to alter the existing contract for the operation and placement of transit shelters throughout Kitchener which expires on October 31, 1997. Mr. Catalano outlined the changes and enhancements to the current contract which would result in the City receiving a minimum guaranteed income of $175,000 over a five-year period, Gould absorbing the cost of providing foundation pads and electrical connections for the Gould owned shelters, as well as connecting sidewalks and walkways to the bus stop landing pads. In addition, Gould would absorb the expense of relocating City owned shelters to residential streets and replacing the City-owned shelters with Gould owned shelters. Mr. Catalano noted that Gould would require a five-year term for the revised contract due to the capital costs involved, and that by his calculations, the City would realize savings of approximately $104,500 over the five-year term. Councillor T. Galloway referred to the issue of tobacco advertisings in City owned bus shelters, and asked whether there was any way to remove these advertisements other than through the proposed contract extension. Mr. Bacon advised that Gould had received a letter of complaint in this regard from Kitchener Transit and an appeal meeting has taken place with City officials. In the event the advertisement is deemed to be negative, Gould will remove the advertising at the City's direction. He also provided background on the negotiations leading to the contract extension before Council this date and advised that at transit's instigation negotiations began in November of 1995, and that the current position reflects an increase from the present unguaranteed income of $30,000 a year to the new guaranteed income of $35,000 a year. He pointed out that the contract extension also contains a clause prohibiting tobacco advertising. Mr. E. Kovacs clarified that the tobacco advertising issue and the contract extension are separate issues which come together under the proposed contract extension. He stated that if approved tonight, staff will proceed under the new contract and have Gould remove the tobacco advertisements; however, should Council not approve the extension, Gould will still be asked to remove the ads under the current appeal process. Councillor G. Lorentz questioned whether the City could be challenged legally by tobacco companies in this regard, and Mr. J. Shivas replied that the City can always be challenged, irregardless of the contract language; however, the position taken is a matter of private contract law. Councillor J. Ziegler suggested that the City extend the contract for no more than one year, and tender upon expiry since the three-year contract proposal is not attractive enough to preclude tendering after one year. Mr. E. Kovacs explained that staff approached the re-negotiation with the intention of obtaining contract enhancements and that the current proposal provides an opportunity to realize savings in the last two years of the extended contract. Mr. Darcy Clark, Director - Regional Development, Mediacom, appeared, and in this regard Council was in receipt this date of correspondence from him dated April 9, 1996. Mr. Clark suggested that in fairness to other competing businesses in Kitchener, a tender call be issued for transit shelter advertising. He expressed confusion and disappointment over the $35,000 revenue guaranteed by Gould, noting that the current agreement already gave the City $33,000 in revenue in 1995. He suggested that by his calculation, the value of the enhancements amounts to between $15,000 and $18,000. Mr. Clark stressed that the citizens of Kitchener should get the best deal possible and suggested that the APRIL 9, 1996 COUNCIL MINUTES - 117- CITY OF KITCHENER enhancements offered are minimal, and in his view these figures should be points of departure for bidding and not the final settled amount. He advised that it was his understanding that the bus shelters had been grouped as part of the current contract to allow competitive bidding upon expiry in 1997. Mr. Clark noted that in his estimation the proposed enhancements do not constitute the best deal for the community, and that he does not see any significant cost savings in renewing the proposal. He encouraged Council to make a decision which reflects and recognizes a fair tendering process. In response to a question from Councillor Jake Smola, Mr. E. Kovacs clarified that the value of the enhancements to the City outlined in his earlier report were deliberately conservative. Moved by Councillor John Smola Seconded by Councillor M. Wagner "That clause 2 of the Public Works and Transportation Committee report of this date be adopted." Councillor J. Ziegler suggested that the motion before Council this date is appropriate and that the entire tender should be let in one year's time. Councillor B. Vrbanovic advised that he would support the recommendation only insofar as it relates to the one year contract extension and that any reference to enhancements should be removed from the motion. Councillor G. Lorentz expressed the view that the extension proposed by Gould and the accompanying enhancements are a good deal for the City, and urged Council to defeat the motion on the floor. Councillor John Smola pointed out that the Gould delegation has already indicated that a one-year extension is not acceptable, and in this regard Councillor T. Galloway noted that the motion on the floor may be redundant. The motion by Councillor John Smola, seconded by Councillor M. Wagner, to adopt clause 2 of the Public Works and Transportation Committee report was voted on and Carried. Councillors G. Lorentz and John Smola asked that they be recorded as opposed to the motion. Councillor John Smola suggested a debate at an upcoming meeting of the Finance and Administration Committee with a view to developing a policy or otherwise giving direction to staff as regards negotiating contract enhancements. Mayor R. Christy suggested that this issue could be discussed by Management Committee. Councillor J. Ziegler asked that this item be listed for discussion on the April 22, 1996 Finance and Administration Committee agenda and asked that staff advise as to how long it would take to develop the policy referred to by Councillor John Smola. Mr. Paul Lawson, Lawson Signs, appeared concerning clause 3 of the Planning & Economic Development Committee report of this date which deals with amendments to the Sign By-law. Mr. Lawson illustrated a Sign By-law violation wherein a sign which should be at 345 Lancaster Street is at 335 Lancaster Street and has no permit, a circumstance which has existed for three weeks. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi That clause 3 of the Planning & Economic Development Committee report of this date be adopted. Mr. T. McCabe replied that he would have staff look into the infraction, and stated that there is enforcement based on all complaints. Mr. Lawson contented that the situation referred to was reported two weeks ago with no action by staff. Mayor R. Christy asked that Council be informed of the particulars regarding the sign violation referred to by Mr. Lawson. Councillor J. Ziegler argued that there is nothing to prevent the City from reinstating the requirement to post the sign permit at a later date, should this prove necessary. He suggested passing the By-law now and evaluating the desirability of a tag system at a future date. He asked that staff specifically advise of the complaint referred to by Mr. Lawson and how a tag system could be implemented. Councillor K. Redman questioned whether under the new By-law, enforcement would continue to be complaint driven. Mr. McCabe replied that enforcement is pro-active and that staff conduct regular patrols throughout the City, though they may not be able to inspect every property. He also referred to increases in fine revenue which would seem to illustrate that enforcement is working. The previous motion by Councillor C. Weylie, seconded by Councillor M. Yantzi to adopt clause 3 of the Planning & Economic Development Committee of this date was voted on and Carried. It was noted that several Kitchener residents were in attendance this date concerning clause 4 of the APRIL 9, 1996 COUNCIL MINUTES - 118- CITY OF KITCI:IENER Planning & Economic Development Committee report relating to a Zone Change Application involving Randerson Avenue, Pandora Crescent and Stirling Avenue. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi That clause 4 of the Planning & Economic Development Committee report of this date be adopted. Carried. Ms. Anita Petsche-Good, Petsche's Shoes, appeared and read from a submission circulated to Council this date regarding the April 19 K-W Ontario Federation of Labour Rally. She referred to concerns raised as a result of the City suggesting the Rally take place in Civic Square without consulting members of the Downtown business community. She advised that she has a legal and constitutional right to do business that day and that this right has been ignored in making arrangements for the Rally. Ms. Petsche-Good asked that Council consider compensation for loss of business, compensation to cover ongoing business expenses for the day, as well as compensation for potential store front damage such as showcase window breakage. She suggested that an alternate rally site such as the parking lot at the Dom Cardillo Arena or somewhere in Waterloo would be more appropriate. Councillor G. Lorentz pointed out that Council did not invite the Day of Protest and had concerns over costly damage in the event Victoria Park were used for a protest of this magnitude. Ms. Petsche-Good indicated that she has every right to be open for business that day, and Mayor R. Christy questioned why she has decided to close her store. She replied that her clientele will likely avoid the Downtown core on that day, and those who are Downtown will not be here to shop. Councillor K. Redman pointed out that in both London and Hamilton the demonstrations were peaceful and there was no vandalism, to which Ms. Petsche-Good replied that she would like the opportunity to conduct business as usual that day and have access to King Street. She also requested detailed information on how King Street would be closed off. Mr. D. Snow advised that the main portion of the Rally will take place between 11:30 a.m. and 2:30 p.m. with the parade to arrive at noon. The Rally proper is expected to begin at 12:30 and end one hour later. He pointed out that the City will have to close the streets at rally time only and that in all likelihood the crowds will quickly disburse immediately after the Rally as has been the case in the other two municipalities. He also noted that it is expected most participants will be local citizens. Mr. Snow pointed out that at other times of the day, business could be conducted as usual, and that when the Rally is underway the organizers have enlisted a large core of marshalls who will protect businesses from inadvertent property damage. He also noted that some businesses can expect a boom in sales, noting restaurants and convenience stores. Mr. Snow added that he has arranged for the demonstration organizers to speak with the Kitchener Downtown Business Association. On the subject of possible damage to turf in Victoria Park, Mr. T. Clancy advised that conditions at this time of year are not conducive to large gatherings and that repairing possible damage could cost between $60,000 and $100,000. He noted that an area around the clock tower is not sodded at this time and that if there is extensive damage to the playing fields, they would be unusable for most of the summer. Mayor R. Christy added that the demonstration is out of the City's control and is in the hands of the Canadian Federation of Labour. He suggested that the City's responsibility is to ensure a minimum of disruption, and in this regard the organizers have pledged to work with staff. He added that his personal view is that the decision to open or close of business on April 19 is that of individual owners, as the City cannot predict what will happen when demonstrators reach the staging area. He assured Ms. Petsche-Good that her concerns are also the concerns of Council. Ms. W. Love, Market Supervisor, was in attendance concerning clause 8 of the Committee of the Whole agenda of this date, relative to a licensing application for a chip wagon at the Farmers' Market. Council was in receipt of reports from Ms. Love and Mrs. J. Koppeser, Manager of Licensing, both dated April 2, 1996. Mr. T. Clancy noted that the vendors need a fee reduction in order to participate at the Farmers' Market, and that Mrs. Koppeser's report does not provide a lot of options in this regard. Councillor B. Vrbanovic questioned why the Farmers' Market could not waive the rental fee, as this would be easier than adjusting the licence fee. Ms. Love replied that if this were done the indoor vendors would feel at a disadvantage, also the licensing fee is significantly more than the rental fee. In response to a question from Councillor G. Lorentz, Mr. R.W. Pritchard advised that staff could attempt to conduct all inspections at one time, though this will be difficult to organize. He also indicated that Ms. L. MacDonald, Assistant City Solicitor, does not feel that Council can legally provide a grant in this regard. COUNCIL MINUTES APRIL 9, 1996 - 119- CITY OF KITCI:IENER Councillor M. Yantzi put forward a motion, seconded by Councillor J. Ziegler, to create a new licence fee category for Refreshment Vehicles at Farmer's and Flea Markets on the basis of covering costs totalling $435.50, with this arrangement to be reviewed in one year's time. In response to a question from Councillor T. Galloway, Ms. Love advised that the fee proposed is still significantly more than the $20 licensing fee paid by indoor vendors. Councillor Galloway suggested that the City is under no obligation under Bill 26 to request full cost recovery, and that in this instance the most affordable fee may not reflect the actual cost. Councillor M. Yantzi accepted, as friendly amendments, a suggestion from Councillor T. Galloway that the fee be reduced to $100, and from Councillor G. Lorentz that the initiative be reviewed at the end of the 1996 Market season. Council then dealt with the following motion, as amended. Moved by Councillor M. Yantzi Seconded by Councillor J. Ziegler "That the 1996 Street Vendors By-law be amended so as to create a new licence fee category for Refreshment Vehicles located at Farmers' Markets and Flea Markets, with the fee in this regard to be $100, and further, That the above change be reviewed at the end of the 1996 Market season." Mr. J. Shivas advised that Council is free to establish a special licensing class and an appropriate fee, but should take into account cost recovery and keep the fee as close as possible to this amount. He also pointed out that the motion before Council is precedent setting. Councillor J. Ziegler replied that the City would still have the option of going to full cost recovery at a future date. The amended motion by Councillor M. Yantzi, seconded by Councillor J. Ziegler to create a new licensing classification was voted on and Carried. Moved by Councillor John Smola Seconded by Councillor M. Wagner That clause 3 of the Public Works & Transportation Committee report of this date be adopted. Councillor John Smola, in referencing the above motion, read a precis of the major recommendations in the Downtown Kitchener Transportation Study which are as follows: (1) Revert Duke Street from Cedar Street to Francis Street, Francis Street from Duke Street to Charles Street, and Charles Street from Francis Street to Stirling Avenue from one-way to two-way traffic; (2) Delete the proposed extension of Duke Street between Cedar Street and Madison Avenue (South Ring Road Connector) from the Regional Official Policy Plan; (3) Abandon the proposed Queen/Benton Diversion subject to detailed evaluation of the Queen Street and Victoria Street Corridors and development of an alternative to address future traffic volumes. Mr. Donald Duff-McCracken appeared in support of the proposal to re-convert Duke, Francis and Charles Streets from one-way to two-way traffic. He suggested that there is a vast body of supportive evidence to indicate that one-way traffic systems in Downtowns are unhealthy; however, he also acknowledged that the main reason for not converting to a two-way system is the lack of hard evidence that this will lead to economic revitalization. He also suggested that converting back to a two-way system would not adversely affect traffic flow, and noted that Downtown businesses are overwhelmingly in support of the proposed changed. He asked that Council restore the roads to their original and rationally conceived plan. Mr. Tony Duscio complimented Council on their commitment to Downtown revitalization; however, he expressed concern that the proposed two-way conversion is an expensive proposition, and suggested that spending $1.6 million on this project amounts to a gamble. Mr. Duscio noted that everyone he has spoken to has reacted negatively to the proposed conversion to a two-way traffic system. He suggested that such a conversion would deter people from coming to the Downtown since it will be more time- APRIL 9, 1996 COUNCIL MINUTES - 1~0- CITY OF KITCI:IENER consuming to do so on a two-way system. Mr. Duscio referred to the traffic objectives outlined in the staff report prepared by the Regional Municipality of Waterloo and illustrated how the proposed two-way conversion works against these objectives. He suggested that if Council has $1.6 million to spend, it should be used to promote and enhance the Downtown in other ways. In response to a question from Councillor C. Weylie, Mr. J. Gazzola clarified that approximately 45% of the total project cost would accrue to Kitchener taxpayers. Mr. Duscio also pointed out that if the two-way conversion took place, the City would be responsible for the cost of maintaining the converted roads, which are now Regional roads. Councillor B. Vrbanovic pointed out that the City and the Region would realize combined savings of approximately $6 million if the Ring Road System were not completed. Mr. William Schreiter appeared in his capacity as a merchant operating in the Downtown for approximately 50 years. He indicated his support for the two-way conversion on the basis that one-way streets do not provide easier access to the Downtown, and that the present one-way configuration on Charles Street is dangerous for pedestrians. He also referred to back-filling opportunities which would accrue on Charles Street in the event of a two-way conversion. In response to a question from Councillor K. Redman, Mr. Schreiter advised that he does not feel that the two-way conversion in and of itself will improve the economic viability of the Downtown; however, he felt it is an important step. Councillor Jake Smola enquired whether conversion to a two-way system would result in fewer pedestrian accidents. Mr. D. Snow replied that under a two-way system speeds will be reduced; however, breaks in traffic will be less, and suggested that this situation will not likely be safer for pedestrians crossing at other than signalized intersections. Mr. David Gowland appeared on behalf of the King Street East Neighbourhood Association, noting that he has lived in the Downtown for the past twelve years. He suggested that everything should be done to support pedestrian movement in the Downtown, and so encourage revitalization. He suggested that at present traffic speed is a deterrent to pedestrians, and questioned whether the City owes people a quick trip through the Downtown on the existing one-way system. Mr. Gowland suggested that the motion before Council would benefit all parties, noting that motorists will have more choices in terms of traffic movement, and that the proposed bicycle path on Duke Street will also encourage and facilitate ease of movement within the Downtown. He noted that many people who live in the Downtown support conversion back to a two-way system. Ms. Denise Strong appeared on behalf of the Walper Terrace Hotel and pointed out that the current one- way system works against tourist retention in the Downtown. She suggested that if Charles and Duke Streets reverted to two-way systems, more people would use King Street as there would be little difference in terms of the speed of traffic flow. She suggested that conversion to a two-way system would also result in the creation of more retail business opportunities. Ms. Nancy Brawley appeared on behalf of the Kitchener Downtown Business Association Board of Directors and in support of the conversion to a two-way traffic system. She also referred to a letter of support from Mr. Howard Budd, Budd Stores Company Limited, which was circulated to Council this date and suggests that a two-way system will make access to the core easier, encourage business and residents to locate in the periphery and the core, and make the Downtown more vital while increasing tax dollars for the City. Ms. Brawley reviewed the process followed to date in Downtown Revitalization, up to and including the recent Transportation Consultants' Study. She reviewed the criteria in the latter report and suggested that the outcome of the Study points to the feasibility and desirability of reverting to a two-way system. Ms. Brawley referred to a similar conversion presently being undertaken in the City of Buffalo, New York, and also circulated examples of a similar project in the City of Ottawa. She encouraged Council to continue with the proposed Downtown initiatives and to create a more comprehensive environment for change. Councillor M. Wagner enquired whether Ms. Brawley feels that the two-way conversion is a key Task Force recommendation. She replied that all of the recommendations are important in their own way, but that the two-way conversion is a key ingredient. Councillor T. Galloway enquired whether further Downtown revitalization would occur if the two-way system were not approved, and Ms. Brawley replied that such a decision could send a signal which may lead indirectly to the failure of revitalization. She added that it is believed parking and accessibility are key ingredients in this regard, though she acknowledged that two-way conversion does not have the same degree of sensitivity as the parking issue. Councillor T. Galloway questioned why the two-way conversion did not figure prominently in Downtown employee responses to the Retail Action Plan Survey. Ms. Brawley replied that this may be APRIL 9, 1996 COUNCIL MINUTES -1~1- CITY OF KITCHENER because two-way conversion does not immediately come to mind to the same degree as the parking situation. Councillor Jake Smola enquired as to how many of the KDBA's 450 members support the two- way conversion, and Ms. Brawley advised that she could not indicate the numbers, noting that she is representing the Board of Directors; however, those who participated in the Open House were supportive. Councillor Smola further enquired whether the KDBA has made any financial commitment to the Kitchener portion of the conversion costs and she replied that the issue has not been raised to date. Ms. Brawley circulated a statement from Ms. Shirley Fiedler, a Downtown merchant who was unable to attend this date. Mr. Robert Braun, Braun's Bicycle and Fitness, appeared in his capacity as a business owner/retailer, a member of the Downtown Action Committee and a KDBA Board member. Mr. Braun indicated his concern over the present state of the Downtown and voiced his support for the Regional Traffic Plan which would result in conversion to a two-way traffic system. He advised that he supports the change on the basis that the current one-way system is inadequate and that more should be done to ensure convenience and accessibility for out-of-town shoppers. He suggested that Council has already experimented in this regard with the conversion of Scott Street where his business is located, and he pointed out that there has been a marked increase in car and pedestrian traffic, and that business sales have improved. He further suggested that implementation of the traffic plan is a vital part of the Downtown revitalization solution. Ms. Sally Gunz appeared in support of the conversion to a two-way traffic system, noting that the current system is highly inconvenient and that improved accessibility to businesses is one good reason for change. She referred to the process of compiling the Transportation Study and characterized it as the most democratic process she has been involved in, noting that consultants, staff, neighbourhood associations and committee groups are all in support of the conversion. Mr. John MacDonald appeared in support of conversion to a two-way traffic system and asked the City to undo the current Ring Road System in response to changes in the urban environment. He suggested that the civic infrastructure is out of balance, and that the City needs to move away from a systems approach to the Downtown and recognize that the relationship between traffic and other urban components are more important than the traffic system in isolation of other factors. He suggested that Council return to normalcy, balance and complexity by reconverting to a two-way system. Mr. Michael Brisson appeared in support of the proposed two-way conversion on the basis that it is a fundamental first step in Downtown revitalization. He referred to the visual impact and benefits of the proposed conversion as it relates to the area of Benton and Charles Streets, and encouraged proper consideration of lane width and signalization. Mayor R. Christy asked that debate on the proposed two-way conversion be briefly interrupted to deal with a licensing request from the Kinsmen, as a representative, John McVicar, was in attendance. Moved by Councillor G. Lorentz Seconded by Councillor M. Yantzi "That subject to obtaining all other necessary licences and signatures of approval, a Charitable Hawkers and Pedlars Licence be issued to the K-W Kinsmen Club for a nominal fee of $1.00 in conjunction with the planned sale of fireworks in the City from May 17 to 20, 1996, and further, That the request of the K-W Kinsmen Club for permission to sell fireworks in the City from May 17 to May 20, 1996, be granted, and a nominal licence fee of $1.00 be imposed on the vendor (K-W Kinsmen Club) of fireworks, and further, A nominal licence fee of $1.00 be imposed upon the owners of the premises from which fireworks will be sold (acting as an agent of a charitable organization), to a maximum of 8 locations, and further, That the above be conditional upon compliance of the sites with the City's Zoning By-law and obtaining all necessary licences and signatures of approval." Carried. Councillor J. Ziegler referred to a location at King Street and River Road which in the past has been used to sell fireworks, and requested that staff keep an eye on this location and ensure that it is properly APRIL 9, 1996 COUNCIL MINUTES - 1~- CITY OF KITCHENER licensed. The remaining delegation with respect to the proposed two-way conversion was then heard. Ms. Anita Petsche-Good, Petsche's Shoes, appeared in support of the proposed reconversion to a two- way traffic system on the basis that it is frustrating and confusing for out-of-town visitors. She indicated her confusion and alarm that certain members of Council are no longer supporting this initiative, which they did at the time the Mayor's Task Force on the Downtown submitted its recommendations. Councillor Jake Smola clarified that the Task Force recommendations were adopted by Council in principle with no financial commitment, and he noted that he himself was opposed to the proposed traffic conversion initiative from the start. Councillor T. Galloway further pointed out that acceptance in principle is quite different from the required approval for each and every component of the Task Force report. He also advised that based on input he had received, constituents in his ward are opposed to the reconversion. Councillor Jake Smola also referred to calls received from constituents in his ward who are likewise opposed. Mr. Graham Vincent, Manager, Corridor Planning, Region of Waterloo, was in attendance and in response to questions indicated that traffic modelling was done with projections up to the year 2011 and that no prohibitive delays in reaching the Downtown were identified. It was also noted that some more direct routes would be created by the conversion to a two-way system. He elaborated that any delay in reaching the Downtown would likely be in the order of one minute longer than at present, and added that the proposed conversion would result in a net gain of fifteen parking spaces in the Downtown. Councillor K. Redman expressed her fears that many constituents are responding to the proposed two-way conversion based on media reports alone and not on the factual information that has been submitted to Council by staff. Councillor Jake Smola enquired whether congestion would likely be a problem at a future date as a result of converting to a two-way system. Mr. Vincent replied that growth is anticipated in the west and south ends of the City and that modelling does not suggest congestion would occur; however, this could happen if there is increased traffic volumes due to a revitalization of the Downtown. Councillor Smola further enquired whether emergency services had had input into the Transportation Study and Mr. Vincent replied that both Fire and Police had provided input and felt that the two-way system would benefit their respective operations. He also indicated that the Waterloo Regional Ambulance Service had not been involved. Councillor Jake Smola advised that he had spoken with the Ambulance Service and had identified an adverse impact and cost to re-equip. In response to a question from Councillor C. Weylie concerning the cost of improvements, Mr. Vincent indicated a total project cost of $1.6 million; however, there would be savings in not completing some projects presently on the books so that the net cost to implement the conversion would be approximately $800,000. Councillor G. Lorentz expressed concern over possible traffic congestion in the area of Courtland and Queen Streets in the event the Queen/Benton Extension is not constructed. Mr. Vincent responded by suggesting that the proposed two-way system will provide other options in this regard but in and of itself will not alleviate congestion created by access from the south and west. Councillor M. Yantzi referred to the plan for the Downtown created in 1968 which initially recommended the Ring Road System. He stressed that in the absence of the anticipated massing of development between Duke and Charles Streets, the Ring Road is now inappropriate and that the concept for the Downtown Road System must be readjusted. He suggested that in exchange for a minor reduction in drive through time, the City would gain more traffic movement options in the Downtown. Councillor J. Ziegler advised that his constituents do not support the reconversion to a two-way system and noted that the City has already saved money by not constructing the balance of the Ring Road System as originally planned. He suggested that there may be a net loss to the Downtown if the conversion takes place as proposed. Councillor John Smola advised that he does not support the reconversion and noted that the City has already invested over $100,000,000 in the Downtown if the City Hall is factored into the calculation. He advised that his constituents are of the opinion that none of these initiatives have worked to date. He suggested that congestion will be a problem with the two-way system, and indicated his disappointment that to date Council has received no comparative figures illustrating the change in Downtown assessment between 1990 and 1996. He also pointed out that the two-way system proposed may result in traffic congestion which will deter participation in the events planned for the Downtown in the coming years. Councillor Smola further noted that the project has not been in the Region's Capital Forecast for the last ten years, and that it suddenly has achieved No.1 priority. He suggested that this is a problem with the system that should be addressed at the Regional level. Councillor C. Weylie advised that she has not heard any comment from her Ward constituents and indicated that she supports the initiative on the basis of anticipated increases in Downtown assessment and the consequent possibility of lower taxes. APRIL 9, 1996 COUNCIL MINUTES - 123- CITY OF KITCI:IENER Councillor T. Galloway acknowledged that there are some good reasons to support conversion to a two- way system, but on balance there are more reasons to suggest that it is not appropriate. He expressed his concern that Council is expected to agree that all recommendations of the Downtown Task Force are integral components. He suggested that there is no empirical evidence to support the theory that a two- way traffic system will improve commercial viability in the Downtown, and voiced his suspicion over the foundation for the projected retail impact as outlined in the Retail Action Plan. Councillor Galloway circulated draft and final versions of extracts from the KDBA Retail Action Plan prepared by Thomas Consultants International Inc. and noted that there is no mention made of a two-way traffic system in the draft report; however, it suddenly appears in the final report. He noted that the retail expert who prepared the study did not address the issue of reversion to a two-way traffic system and yet it has now become a cornerstone recommendation in the final report. Councillor Galloway further advised that he contacted the author in this regard and receive no satisfactory answer as to why this is the case. He voiced the opinion that it does not seem the reconversion is a significant issue from a retail point-of-view. Councillor Galloway also noted that future routes suggested as alternatives to the use of Duke and Charles Streets will have to be addressed at a future cost and that the dollars saved are theoretical when viewed in a longer term perspective. He pointed out that Duke and Charles Streets are also part of a larger arterial road system in the Region and that on this basis it is legitimate to traverse the Downtown and that any amount of congestion will deter this. Councillor Galloway observed that it appears the reconversion is being undertaken for the sake of doing something, and that there is no clear substantiation that it will have the desired effect. Councillor Galloway referred to earlier comments to the effect that the reconversion is an important first step, and recalled that the same was said of the parking issue. He questioned how many other "first steps" would emerge from the Task Force report. He suggested that each issue should be dealt with on its own merits and that no blank cheques should be written on any Task Force recommendation. Councillor T. Galloway assumed the Chair in order to allow Mayor R. Christy to speak to the motion on the floor. Councillor G. Lorentz indicated he does not support conversion to a two-way system and noted that he has received calls from constituents who are concerned over the cost of the initiative and of losing access to the Downtown. He suggested that from his point-of-view this makes little sense and he took exception to comments attributed to Councillor M. Wagner in the media to the effect that Regional Council would approve this initiative in any case. Mayor R. Christy indicated his initial skepticism toward the conversion, but advised that he has come to view it as a major step in revitalization. He suggested that those who feel this is not an important step are ignoring the evidence in other Cities, including Buffalo, New York. Mayor Christy suggested that the City must be visionary in this regard and increase accessibility to the core in order to improve the appearance of the Downtown and realize a lower vacancy rate. He referred to a recent visit by two developers who were of the opinion that efficiency of access is absolutely essential in the 1990's. He suggested that Council should aim toward the creation of a Downtown core which is again the heart of the City and referred to other expenditures totalling approximately $7.9 million which have been undertaken elsewhere in Kitchener to improve accessibility to other retail sectors such as Fairway Road. He suggested that Council needs to start dreaming again and recapture the hope of revitalizing the Downtown core. He expressed concern that constituents who had called him were not aware of the cost figures before Council and the offsetting amounts which would accrue if other Ring Road components are not constructed. He encouraged Council to support the initiative as an important investment in the Downtown. Moved by Councillor M. Wagner Seconded by Councillor J. Ziegler "That pursuant to Chapter 25 (Council Procedure) of the City of Kitchener Municipal Code, the regular Council meeting of this date be extended beyond midnight." Carried on the unanimous consent of the members present. Mayor R. Christy then reassumed the Chair. Councillor M. Wagner indicated that he was baffled by the degree of opposition expressed by Members of Council and referred to several past, close votes involving major facilities. He advised that for his part, he has heard no strong argument in opposition and that the facts in support of reconversion to a two-way system are irrefutable. He referred to the disadvantageous one-way layout in Hamilton, which he indicated also has a strong history of deterioration. He suggested that the Downtown should be a destination not a place to pass through. Councillor Wagner added that by voting against the reconversion, Council would be turning a deaf ear to stakeholders in the Downtown. Councillor Jake APRIL 9, 1996 COUNCIL MINUTES - 194 - CITY OF KITCI:IENER Smola questioned the value of the Transportation Study noting that for a cost of $100,000 the City has simply been informed that it can reconvert to a two-way system, something it knew before the Study was undertaken. He pointed out that in his view there was no conclusive evidence that a one-way system has contributed to Downtown deterioration, and similarly there is no evidence that a two-way system will increase retail vitality. Councillor Smola noted that funds for this project will come out of a shrinking Regional budget and that other roadwork will have to be delayed or removed from the budget. He also noted that the two-way conversion would result in the City assuming maintenance costs and responsibility for one of the former one-way streets. He reminded Council that many other positive actions have been taken with regard to the Downtown, and suggested that the reconversion amounts to a three-year renovation which will likely be disruptive in the Downtown and deter new business relocation. He offered the opinion that the current one-way system is quite adequate and the redesign is not required. Councillor B. Vrbanovic stated that in his view the biggest question is whether a two-way conversion will work, and that in any case the rationale for the ring road system no longer exists. He noted that two-way streets in other municipalities seem to point to urban vibrancy, but cautioned that it has taken 30 years for the Downtown to deteriorate to the point it is at now and that correcting the situation will take as long or longer. He acknowledged that significant expenditures may be required to rebuild the foundation of the community. Councillor Vrbanovic also offered the opinion that the possibility of congestion will not drive people away from the Downtown. The motion by Councillor John Smola, seconded by Councillor M. Wagner to adopt clause 3 of the Public Works and Transportation Committee report was then dealt with and a recorded vote was requested. In Favour: Mayor R. Christy, Councillors K. Redman, B. Vrbanovic, C. Weylie, M. Yantzi and M. Wagner. Contra: Councillors John Smola, Jake Smola, G. Lorentz, T. Galloway and J. Ziegler. Carried. 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." Voted on clause by clause. Clauses 3 & 4 - 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." Carried. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner "That the report of the Finance and Administration Committee of this date be adopted." Councillor Jake Smola referred to clause 3 which deals with an increase in the number of Council representatives on the Kitchener Public Library Board, and Council agreed to appoint Councillor B. Vrbanovic as the additional Council member for a term ending November 30, 1997. The report of the Finance and Administration Committee was then voted on clause by clause. Clause 3 - Carried, As Amended. Balance of Report - Carried. Moved by Councillor John Smola Seconded by Councillor M. Wagner "That the report of the Public Works and Transportation Committee of this date be adopted." COUNCIL MINUTES APRIL 9, 1996 - 125- CITY OF KITCI:IENER Voted on clause by clause. Clauses 2 & 3 - Dealt with under Delegations and Carried. Balance of Report - Carried. Council was in receipt this date of correspondence from Ms. Katharine Goldberg, Association for Burlesque Entertainers, dated April 9, 1996 encouraging Council to enact a by-law prohibiting lap dancing. Council was also in receipt of a draft motion prepared by the Legal Department. Councillor B. Vrbanovic asked that the latter be amended to include circulation of a copy of the motion to Ms. Goldberg and the City of Toronto. Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic "WHEREAS the Ontario Court of Appeal recently confirmed that lap dancing is beyond acceptable limits of community standards of tolerance and is contrary to the Criminal Code, AND WHEREAS the Council of the City of Kitchener is mindful that lap dancing raises community concerns as to health, safety and the need to prevent conditions conducive to crime, AND WHEREAS it is appropriate, in response to these concerns, to enact municipal by-laws to complement the protection offered by the criminal law, BE IT THEREFORE RESOLVED that the Council of the City of Kitchener supports the anti-lap dancing by-law enacted by Metro Toronto and its defence before the Ontario Court of Appeal, And that a copy of this resolution be forwarded to Metro Toronto and Ms. Katharine Goldberg." Carried. In response to a question from Councillor B. Vrbanovic, Mr. R.W. Pritchard referred Council to the report circulated this date from Mrs. J. Koppeser dated April 3, 1996 advising of the fee changes incorporated in the Street Vendors By-law listed for three readings this date. The 1996 fees reflect a licence fee structure based on full cost recovery in accordance with Bill 26. Councillor K. Redman referred to a recent victory by the Kitchener Falcons "PeeWee CC" House League Team at the prestigious Brampton Canadettes 29th Annual Dominion Ladies Hockey Tournament. As a result the team has won a spot to play in the Provincial Tournament to be held in Ottawa from April 19-21, 1996 and has requested permission to wear the City's colours and represent Kitchener at the Provincial Tournament in Ottawa. They have also asked that the City donate a flag for the team to display. Council congratulated the team on their victory and granted their request in its entirety. Councillor Jake Smola referred to proposed amendments to the Liquor Licensing Act which would allow extension of liquor service to 3 a.m. He advised that certain constituents in his Ward would like the City to support the current hours of service and oppose the amendment to the Act. Councillor G. Lorentz suggested that Council needs more information before taking a position in this regard and suggested obtaining input from those with a vested interest. Council agreed to a suggestion by Councillor Jake Smola that the entire issue be referred to the April 22, 1996 meeting of the Finance and Administration Committee. Mr. R.W. Pritchard referred to item (b) of the agenda listing of by-laws for three readings this date which deals with an amendment to the Zoning By-law respecting Randerson Avenue, Pandora Crescent and Stirling Avenue, and indicated that the precis in the agenda is incorrect and should read that the change in zoning is from R-4 to R-3 which will increase the lot width and lot area requirements, reflective of the existing development in the area. Moved by Councillor K. Redman Seconded by Councillor M. Yantzi "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend By-law 85-1 known as the Zoning By-law - Ar-Jel Developments APRIL 9, 1996 COUNCIL MINUTES - 1~6- CITY OF KITCI:IENER Limited and Hightree Developments Limited - Lackner Boulevard at Ottawa Street N - No. 94/12/L/JW (b) Being a by-law to amend By-law 85-1 known as the Zoning by-law - City of Kitchener - Randerson Avenue, Pandora Crescent, Stirling Avenue - No. 95/24/R/PMB (c) To confirm all actions and proceedings of the Council (d) Being a by-law to license street vendors in Victoria Park and at specific street intersections, expiring December 31, 1996. 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 T. Galloway as Chair. On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. Moved by Councillor T. Galloway 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." Moved by Councillor K. Redman Seconded by Councillor M. Yantzi "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) Carried. Being a by-law to amend the City of Kitchener Municipal Code - Chapter 320 imposing a special charge on classes of buildings that impose or may impose a heavy load on the sewer or water system (By-law No. 96-49) Being a by-law to amend By-law 85-1 known as the Zoning By-law - Ar-Jel Developments Limited and Hightree Developments Limited - Lackner Boulevard at Ottawa Street N - No. 94/12/L/JW (By-law No. 96-50) Being a by-law to amend By-law 85-1 known as the Zoning by-law - City of Kitchener - Randerson Avenue, Pandora Crescent, Stirling Avenue - No. 95/24/R/PMB To confirm all actions and proceedings of the Council (By-law No. 96-51) (By-law No. 96-52) (e) Being a by-law to license street vendors in Victoria Park and at specific street intersections, expiring December 31, 1996. (By-law No. 96-53) be taken as read a third time, be finally passed and numbered serially by the Clerk." COUNCIL MINUTES APRIL 9, 1996 CITY OF KITCHENER Carried. On motion, the meeting adjourned. MAYOR CLERK PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - That Demolition Control Application DC 96/2/K/RM (LVB Developments) requesting approval for the removal of a single detached dwelling and outbuildings located at 4553 King Street East legally described as Part Lot 23, Beasley Broken Front be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. That Zone Change Application 95/28AN/PMB (Kenmore Commercial (1989) Inc. - 6 Westwood Drive) requesting a change in zoning from Residential Eight Zone (R-8) to Residential Eight Zone (R-8) with Special Regulation Provisions 221 and 223 according to By-law 85-1, on Part Lots 6 & 28, Registered Plan 402 more particularly described as Parts 1 & 2, 58R-8599, be approved in the form shown in the attached "Proposed By-law", dated February 19, 1996, subject to the following conditions being satisfied prior to any readings of the By-law by Council. To arrange for notification by letter from the Regional Municipality of Waterloo to the City's Clerk, that all Regional requirements have been satisfied with respect to the proposed development. The Owner acknowledges that Condition 1 is required to be satisfied no later than seven (7) months from Council having approved the amending zoning by-law relative to the Zone Change Application 95~8\W1PMB by resolution. In the event this requirement is not fulfilled within the seven month period, Council shall consider rescinding its zone change approval. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. That City Council approve the proposed amendments to Chapter 680 (SIGNS) of the Municipal Code, attached as Appendix A to Planning and Development Staff Report PD 96/20, and direct the Legal Department to prepare the appropriate amending by-law for enactment by Council. It is the opinion of this Committee that the approval of these amendments is proper planning for the City. (Dealt with under delegations and carried) That Zone Change Application 95/24/R/PMB (City of Kitchener - Randerson Avenue, Pandora Crescent, Stirling Avenue) requesting a change in zoning from Residential Four Zone (R-4) and Residential Seven Zone (R-7) to Residential Three Zone (R-3) according to By-law 85-1, on Lots 11 through 17 inclusive and Lots 19 through 31 inclusive, Registered Plan 355 and Part Lots 29 through 59 inclusive, Registered Plan 651 and Lots 1, 2, 3 and 5, Registered Plan 1134 be approved in the form shown in the attached "Proposed By-law", dated February 14, 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. (Dealt with under delegations and carried) COMMUNITY SERVICES COMMITTEE - That the City of Kitchener renew the grass cutting service contract with K-W Habilitation for 1996, at a total estimated cost of $29,943.00. That we approve, in principle, a 5 year agreement with Neon Sign Products to provide one outdoor Daktronic full colour message centre at the Kitchener Memorial Auditorium Complex, and further, That the arrangement be risk free by the guarantee of an overall revenue benefit to the City of Kitchener over the term of the 5 year period, and further, COMMUNITY SERVICES COMMITTEE - (CONT'D) 2. (Cont'd) That staff consider the benefits of ownership, lease of space rental options and make a final recommendation to the Community Services Committee no later than August 1, 1996. COUNCIL MINUTES APRIL 9, 1996 - 129- CITY OF KITCI:IENER COUNCIL MINUTES APRIL 9, 1996 - 129- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL 3. That the City of Kitchener supports the bid to bring the 1997 to 1999 C.I.A.U. Hockey Championships to Kitchener, and further, That a $5,000.00 grant be allocated to the host committee in each of the 3 years to help off-set expenses, should the C.I.A.U. award the championship to the City of Kitchener. That the previous commitment as approved by Council in 1994 for the 1997 Labatts Brier Canadian Curling Championships be recommitted for the pursuit of the 1999 Labatts Brier Canadian Curling Championships. That we approve the request of the Waterloo Regional Heritage Foundation for an in-kind facility rental grant in the amount of $300.00 for use of the Victoria Park Pavilion on June 11, 1996. That we approve an in-kind services grant for the Kiwanis Club of Kitchener-Waterloo in the amount of $5,000.00 to help off-set transportation costs for the Kiwanis Annual E.C.C. Convention to be held from July 31 to August 3, 1997, in the City of Kitchener. That we approve a grant, in the amount of $1,000.00 and a loan up to $3,000.00, for the Kitchener Professional Fire Fighters Association to help off-set the costs involved in hosting a sanctioned 1996 Combat Challenge competition, in Kitchener, on July 27, 1996 and assist in attending other competitions as part of the program. That we approve the request of the Victoria Park 100th Anniversary Committee for a grant-in-kind in the amount of $13,176.00 to support the production of major community activities during the 1996 celebration of Victoria Park's centennial. FINANCE AND ADMINISTRATION COMMITTEE - That Council require, through the annual encroachment agreement, the installation of a sign on all outdoor patios on Downtown sidewalks which reads" No Shirt, No Shoes, No Service", and, That a condition be included in said agreement that if patron behaviour is a problem, the licensee is responsible for hiring the necessary security personnel, and, That all applicants wishing to operate an outdoor patio on City property must submit, for approval by the City's Finance and Administration Committee, a complete patio sketch plan outlining the type, style, colour and materials of fencing and patio furniture (on the understanding that chain link fencing is not an approved option), as well as an outline of any proposed signage and landscaping, including flower beds and planters, and further, That subject to conforming with the above additional requirements, Council approve the patio sketch plans submitted by Dandy's Restaurant (85 King Street West) and Especially Coffee Inc. (10 King Street East). That consideration of the proposal to require licensing or the payment of user fees relative to Automated Banking Machines on other than bank property, be deferred and referred to the April 22, 1996 meeting of the Finance and Administration Committee to allow Legal staff to prepare a report on the foundation of this initiative, and to give all affected parties an opportunity to provide input. FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 3. That Council amend Chapter 95 (Public Library Board) of the City of Kitchener Municipal Code so APRIL 9, 1996 COUNCIL MINUTES - 130- CITY OF KITCI:IENER COUNCIL MINUTES APRIL 9, 1996 - 130- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL as to increase the number of members appointed by Council from nine to ten, with the additional member to be a member of City Council; namely, Councillor B. Vrbanovic for a term ending November 30, 1997; and further, That the Board be authorized to advertise for a member of the public to fill the current vacancy resulting from the resignation of Ms. Mary Chevreau. (As Amended) That Council accept the report of T. McKay dated March 27, 1996 as the City's submission on the subject of Regional Governance, and that it be forwarded to the Regional committee established to obtain input from area municipalities on governance and service delivery rationalization. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That the City of Kitchener approve the bicycle race on Hidden Valley Road and Hidden Valley Crescent on Sunday, June 9, 1996. That City staff be directed to carry out further negotiations with Gould Outdoor Advertising in an attempt to achieve a 1 year extension to the existing agreement while maintaining the enhancements as contained in the report presented to the Public Works and Transportation Committee on April 1, 1996. (Dealt with under delegations and carried) That the recommendations as contained in the Downtown Kitchener Transportation Study, as presented to the Public Works and Transportation Committee on April 1, 1996, be adopted, and further, That Stage 4 of the Work Program be scheduled for completion during 1999. (Dealt with under delegations and carried) 4. That the City's Garbage Rebate Program be continued without change. COUNCIL MINUTES APRIL 9, 1996 - 131 - 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. Various Licenses It was resolved: "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 Edelweiss Tavern, 600 Doon Village Road, Kitchener, on May 17-19, 1996, inclusive." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Kiwanis Club of Kitchener-Waterloo, to conduct a Monte Carlo event at the Howard Johnson Hotel, 1333 Weber Street East, Kitchener on May 10-12, 1996 inclusive." -and- "That the Manager of Licensing be authorized to issue an Ice Cream Vehicle Driver's Licence to Ben Brown as per his application dated March 13, 1996, and further That the Manager of Licensing be authorized to issue a Driver Training Instructor's Licence to Sarah Bailey as per her application dated February 19, 1996." 2. Binqo Application It was resolved: "That the Kitchener Minor Boys Softball Association, P.O. Box 532, Station C, Kitchener, N2G 3A2, be granted permission to conduct bingos on an ongoing basis at 29 King Street East, Kitchener." 3. Taq Day It was resolved: "That the City of Kitchener approves of the Canadian Cancer Society, Kitchener Waterloo Unit, holding its annual Air Cadets Scott Wilson Tag Day for Cancer in Kitchener on Saturday, April 27, 1996." 4. Licensinq Aqreement It was resolved: "That the Mayor and Clerk be authorized to execute a Licensing Agreement between the City and Carol Bradley to use and occupy the skating changeroom and adjacent courtyard from April 15 to October 30, 1996 for artistic activity, pottery and ceramic product making, conducting workshops, demonstrations and tours and selling artistic works; and further, That an honorarium of $300.00 be paid to Carol Bradley as the City's "Artist in Residence"." COUNCIL MINUTES APRIL 9, 1996 - 132 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 5. Encroachment Aqreements - VICTORIA PARK AND CENTRE WARDS It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Especially Coffee Inc. to permit the use of six feet, six inches (6'6"), more or less, of sidewalk directly in front of Especially Coffee, located at 10 King Street East, for the operation of a sidewalk patio for the 1996 season." -and- "That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Dandy's Restaurant to permit the use of five (5) feet of sidewalk directly in front of Dandy's Restaurant located at 85 King Street West, for the operation of a sidewalk patio for the 1996 season." The Committee agreed to a request by Councillor M. Yantzi that the request for an encroachment agreement for the restaurant known as Reggies should be further subject to the owner entering into an encroachment agreement for the existing overhead sign. It was resolved: "That, subject to receiving approval from the City of Kitchener Fire Department and the Waterloo Regional Health Unit, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with Subway Q.S.C. Ltd., the owner of the restaurant known as Reggies to extend its restaurant licence to include the operation of a hotdog cart on the sidewalk in front of One King Street West for the 1996 season, and further, That the above be further subject to the owner entering into an Encroachment Agreement pertaining to the existing overhead sign, with the Mayor and Clerk being authorized to execute an agreement in this regard satisfactory to the City Solicitor." (As Amended) 6. Space Requirements for GIS This item was withdrawn by Council. Councillor Jake Smola thanked Mr. R.W. Pritchard for his efforts in expediting the selection of an appropriate location for the GIS operation. 7. Bazaar Lottery Licence Councillor Jake Smola disclosed a pecuniary conflict of interest and abstained from all voting and discussion concerning the lottery licence request from Owl Child Care Services of Ontario, as his wife is employed by that organization. It was resolved: "That Council grant the request of the Owl Child Care Services of Ontario, 115 University Avenue East, Waterloo, Ontario, N2J 2W1, requesting permission to hold a bazaar at Bingeman's Marshall Hall, Kitchener, during their 820 CHAM Country Video Party, on April 13, 1996." Councillor Jake Smola previously disclosed a pecuniary conflict of interest and abstained from all voting and discussion concerning the lottery licence request from Owl Child Care Services of Ontario, as his wife is employed by that organization. COUNCIL MINUTES APRIL 9, 1996 - 133- CITY OF KITCI:IENER COUNCIL MINUTES APRIL 9, 1996 - 133- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES APRIL 9, 1996 - 133 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 8. Chip Waqon - Farmers' Market Dealt with under delegations. 9. Execution of Final Release It was resolved: "That the Mayor and Clerk be authorized to execute a full and final release to Guardian Insurance Company of Canada respecting Action Nos. 1859/79 and 92-CU-59078 in return for the sum of $212,500.00." 10. Charitable Hawker, Pedlar and Auctioneer Licence Council was in receipt this date of a report and recommendation from J. Koppeser, Manager of Licensing dated April 3, 1996. It was resolved: "That Temple Shalom, 116 Queen Street N, Kitchener, N2G 4G7, be granted permission to operate a Charitable Auction at Bingeman Park Lodge, Kitchener, on April 20, 1996, provided that the necessary licences are obtained, and in this regard, a reduced fee of $1.00 be applicable." 11. In-Camera Meetinq - April 9, 1996 It was resolved: "That an in-camera meeting of City Council be held immediately following the regular Council meeting this date to consider a labour relations matter and a land acquisition matter."