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HomeMy WebLinkAboutCouncil Minutes - 1996-04-29COUNCIL\1996-04-29 APRIL 29, 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 Ms. Nettie Maclnnes of Rockway Senior Citizens Centre. Councillor K. Redman thanked Ms. Maclnnes for her rendition of the National Anthem. Councillor K. Redman extended a welcome to the 5th Kitchener Cub Pack and their leaders who were in attendance at the meeting this date. On motion by Councillor C. Weylie, the minutes of the regular meeting held on April 9, 1996, and the special meetings held April 12, 18 and 22, 1996, as mailed to the Mayor and Councillors, were accepted. A. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (a) Letter from the City of Toronto advising that no action was taken with respect to Kitchener Council's resolution requesting an amendment to Bill 26 regarding the regulation of dangerous or restricted animals. (b) Letter dated April 18, 1996 from MacNaughton Hermsen Britton Clarkson Planning Limited indicating their support for Zone Change Application 95/28AN/PMB - Kenmore Commercial (1989) Inc. B. COMMUNICATION REFERRED TO COMMITTEE OF THE WHOLE - (a) Letter from Mr. R.W. Pritchard, Commissioner of General Services & City Clerk, respecting applications for cancellation, refund, reduction or levy of taxes - April 29, 1996 Hearing. Mr. L. Gordon, Manger of Purchasing, appeared as a delegation to answer any questions regarding the tenders listed on the Committee of the Whole agenda of this date. Councillor J. Ziegler referred to Tender T 96-15 regarding Breithaupt Street reconstruction and advised that he had received an enquiry from a bidder. Mr. L. Gordon advised that the Iow bidder Alfred Fach Limited had failed to include details of previous work experience and staff had requested that this material be submitted to the City. A submission from Sherman Penny detailing job experience, was received and circulated to Council and staff this date. Mr. Gordon recommended that the Company not be considered because they have not done major street work. Councillor J. Ziegler questioned a tender for an industrial tractor and Mr. L. Gordon advised that the type of backhoe required allows for access into confined areas. Councillor M. Wagner referred to Tender T 96-1 for concrete sidewalk and curb construction and repairs and noted mention of a reduction of 750 square metres. He asked that staff clarify the impact of this reduction in relation to deferred maintenance work. Councillor T. Galloway referred to Expression of Interest E96-42 regarding Strasburg Creek and questioned what section of the creek the work would impact. Mr. L. Gordon confirmed that it does affect Huron Natural Park area and the actual alignment was yet to be determined. Councillor Galloway questioned if sensitivity of the impact of the work on the environment had been taken into account and Mr. E. Kovacs advised that elements dealing with environmental sensitivity were built into the specification. Mr. Gordon confirmed that Messrs. B. Stanley and L. Masseo had been involved in the issue and were satisfied that the consulting team will address environmental concerns. Councillor M. Yantzi referred to the financial information provided in respect to tenders for ongoing work in relation to the budget established for such work. Mr. T. McKay advised that the budget figure reference was an estimate prior to commencement of the work. Councillor C. Weylie referred to proposal P96-31 for playground equipment and questioned why the firm with the lowest price was not being recommended. Mr. L. Gordon advised that playground equipment is now considered on a proposal basis with submissions being rated and that he fully supported the Rating Committee's comprehensive approach to evaluating proposals received. COUNCIL MINUTES APRIL 29, 1996 - 139- CITY OF KITCI:IENER Councillor G. Lorentz referred to the numerous tenders to acquire vehicles and questioned if vehicle lifecycle was being considered given the higher reliability rates of new or recently purchased vehicles in comparison to those that were purchased five or ten years ago. Mr. B. Gulliver, Director of Fleet, advised that there were established lifecycles for vehicles, but that before any replacements were requested, individual vehicles were subjected to an assessment, notwithstanding the lifecycle expectation. He confirmed that vehicles produced today are better than in the past and this is taken into account in establishing their lifecycle. Councillor Jake Smola noted that only one vehicle in the list has a natural gas option and he questioned if it was the intention to purchase more natural gas fuelled vehicles. Mr. Gulliver advised that currently, natural gas was utilized to power most of the vehicles in the Utility Fleet. He confirmed that the trend is to natural gas, but that the intention was to acquire natural gas powered vehicles where supplied as original manufactured equipment and not to undertake any conversions given the advantage of warranties for original equipment. Moved by Councillor M. Wagner Seconded by Councillor G. Lorentz "That tender T96-1, Concrete Sidewalk and Curb Construction and Repairs, be awarded to G.J.R. Construction Ltd., Kitchener at their tendered price of $644,894.03 less a reduction of 750 square metres for a revised tendered price of $620,894.03, including G.S.T. and P.S.T." - and - "That tender T96-2, Road Construction, be awarded to Warren Bitulithic Ltd., Kitchener at their tendered price of $887,148.78, which includes all applicable taxes." - and - "That tender T96-5, Design, Fabrication and Supply of Transit CNG Compressor Station Equipment, be awarded to Wilson Technologies Incorporated, Santa Fe Springs, California, at their tendered price of $917,412., less $65,088. for Natural Gas Ground Storage, plus optional Pentium Monitoring Computer and Software at $8,949., Gas Engine Drive at $121,065., Adder for Light Duty Vehicle Fuelling Hose at $13,374., G.S.T. and P.S.T." - and - "That tender T96-15, Breithaupt Street Reconstruction (Moore Avenue to Waterloo Street), be awarded to Omega Contractors, London, Ontario at their tendered price of $446,190., including G.S.T. and P.S.T." - and - "That tender T96-23, Hot Mix Asphalt, be awarded to Warren Bitulithic Limited, Kitchener, Kitchener Asphalt Limited, Kitchener and Forwell Limited, Kitchener at their tendered unit prices, plus G.S.T. and P.S.T." - and - "That tender T96-30, Fleet Vehicles (Automobiles, Pick-Ups, Vans), be awarded as follows: Item #1 - one (1) - 2 Door Sub-Compact Fleet Car to comply with specification CKF-280 - to Waterloo North Mazda, Waterloo at their tendered price of $11,984., plus G.S.T. and P.S.T. Item #2 - one (1) - Mid-size 4 Door Sedan to comply with specification CKF-67 - to Stedelbauer Motors Ltd., Kitchener at their tendered price of $19,234., plus G.S.T.and P.S.T. Item #3 - three (3) - Compact Extended Cab Pick-Up Trucks (1500 lb. payload) to comply with specification CKF-306 - to Stedelbauer Motors Ltd., Kitchener at their tendered price of $45,447., plus CNG option at $2,250. on one unit, G.S.T. and P.S.T. Item #4 - two (2) - 5,600 lb. G.V.W. Pick-up Trucks to comply with specification CKF-87A- to Weiland Ford Sales Ltd., Kitchener at their tendered price of $34,930., plus optional dump box on one unit of $3,200., G.S.T. and P.S.T. APRIL 29, 1996 COUNCIL MINUTES -140- CITY OF KITCI:IENER Item #5 - six (6) - 8,550 - 8,700 lb. G.V.W. Standard Vans to comply with specification CKF-92A - five (5) to Weiland Ford Sales Ltd., Kitchener at their tendered price of $104,075., plus four units with CNG option at $2,300. each, one unit with optional left and right side glass on one unit at $403., G.S.T. and PST and one (1) to Parkway Ford Sales, Waterloo at their tendered price of $20,082., plus G.S.T. and P.S.T." - and - "That proposal P96-31, Playground Equipment - Supply and Install, be awarded as follows: Items 1, 2, 3, 8 & 9 - to Little Tikes Commercial Play Systems (Canada) Inc., Paris at their proposed price of $53,921.33, plus G.S.T. Item 7 - to Henderson Recreation Equipment Limited, Simcoe at their proposed price of $8,498., plus G.S.T." - and - "That tender T96-32, Dehumidification System - Dom Cardillo Arena, be awarded to Nelco Mechanical Limited, Kitchener at their tendered price of $73,000., plus G.S.T." - and - "That tender T96-37, Ready Mix Concrete, be awarded to Cross Country Concrete Ont. Ltd., Heidelberg, Ontario at their tendered price of $106,577.50, plus G.S.T. and P.S.T." - and - "That tender T96-38, Five (5) - 4,538 kg. (10,000 lb.) G.V.W. Dual Rear Wheel Crew Cabs & Chassis, be awarded to Weiland Ford Sales Ltd. Kitchener, at their tendered price of $122,550., plus two units with optional radios at $233. each, one unit with CNG option at $2,300., G.S.T. and P.S.T." - and - "That tender T96-39, Rockway Golf Club and Doon Valley Golf Club Irrigation System Upgrades (Materials), be awarded to Apollo Irrigation (A division of Bernard J. Sullivan Property Services Inc.), Kitchener, at their tendered price of $55,030., plus G.S.T. and P.S.T." - and - "That tender T96-40, Sun Network Server & Sun Sparc Storage Array, be awarded to Logicsys Technologies Inc., Mississauga, Ontario at their tendered price of $65,331., plus Solaris Desktop to Server License for Solaris 2.X at $2,250., fiber cable at $625., training at $380., plus P.S.T. and G.S.T." - and - "That tender T96-41, 60 kw (80 hp) All Wheel Drive Industrial Tractor with Front End Loader and Extendable Side Shift Backhoe, be awarded to Advance Construction Equipment Limited, Kitchener, at their tendered price of $73,613., plus G.S.T. and P.S.T." - and - "That Expression of Interest E96-42, Consultant Services - Middle Strasburg Creek Trunk Sanitary Sewer Alignment Study and Environmental Impact Statement, be awarded to Paragon Engineering Limited, Kitchener, at an upset fee of $67,400., plus G.S.T." - and - "That tender T96-45, Don McLaren Arena Roof Replacement, be awarded to Nedlaw Roofing, Breslau at their tendered price of $99,255., plus G.S.T." - and - APRIL 29, 1996 COUNCIL MINUTES -141- CITY OF KITCHENER "That tender T96-48, Victoria Park Pavilion - Roof Reshingling, be awarded to PM Home Improvements Ltd., Kitchener at their tendered price of $69,440., less $22,680. for plywood sheathing and furring strips, soffit and ridge venting and fire rated shingles, plus $5,220. for copper valley flashings and cost of bonding, plus G.S.T." - and - "That tender T96-26, Street Sweepers, be awarded as follows: Item #1 - one (1) - 2.3 Cubic Metre (3 Cubic Yard) 3 Wheel Rear Steering Self-Propelled Street Sweeper with Elevating Front Dump Hopper, to Joe Johnson Equipment, Barrie, Ontario, at their tendered price of $122,909., less $21,000. for trade of a 1990 Elgin Pelican Series P, plus G.S.T. and P.S.T. Item #2 - one (1) - 3.06 Cubic Metre (4 Cubic Yard) 4 Wheel Street Sweeper, to Joe Johnson Equipment, Barrie, at their tendered price of $167,777., less $40,000. for trade in of a 1990 Elgin Eagle Model F., plus G.S.T. and P.S.T." Carried. Ms. Heather Thomson appeared as a delegation along with many residents who live on Homewood Avenue to bring a traffic safety matter to the attention of Council. She advised that Homewood Avenue was functioning as a shortcut thoroughfare between Queen Street South and West AvenueNictoria Street and excessive speeding was occurring given there were no curves in the street that would serve to slow vehicles. She advised that residents have been requesting action to address the speeding problem for over a year and noted that planned traffic surveys had been delayed due to equipment failure. She stressed that action is needed now especially since there were several construction projects in the area that were temporarily shifting even more traffic onto Homewood Avenue. Ms. Thomson commented on the large number of children living in homes on Homewood Avenue and recounted a number of recent traffic incidents. She advised that Mr. D. Snow has suggested temporary traffic calming measures might be appropriate to address the problem. Councillor G. Lorentz questioned who the residents have been calling for the past year with regards to their problem. Ms. Thomson advised that the residents only became organized in January, 1996, but before that many of them had been making the problem known to the Police Department, Councillor M. Yantzi, Kitchener-Wilmot Hydro as a major employer in the area and had approached other employers. These ad hoc calls resulted in a plan for a traffic survey last Fall that was cancelled due to equipment failure. It was her view that application of radar enforcement of the speed limit was no the solution to the problem. She noted that the staff suggestion of a temporary boulevard as a traffic calming measure had been suggested following which an evaluation could be undertaken. Several Councillors indicated that the speeding problem described by Ms. Thomson was a common one throughout the City. Councillor M. Yantzi commented that road construction affecting traffic utilizing Park and Queen Streets has complicated the situation and would skew any traffic survey figures if a survey was undertaken at this time. In reply to Councillor J. Ziegler, Ms. Thomson advised that a reduction of the speed limit to 40 km/hr, has been discussed with Mr. D. Snow, but it was the view of residents that people would drive fast on the street regardless given the unique aspect of Homewood Avenue as a straight thoroughfare connecting to two other major streets. Councillor Jake Smola referred to the cost of traffic calming measures installed on Heritage Drive and referred to similar concerns of residents living on Rosemount Drive. In the case of the Rosemount Drive situation, once the residents held a public information meeting and heard the options to address the problem they chose not to request that anything be done to their street given that some solutions result in loss of street parking. He indicated that he would support a 40 km/hr, speed limit, but expressed concern about undertaking any temporary traffic calming measures without a full survey and neighbourhood public information meeting. Members of Council then discussed the problem and the ways in which Council this date, could act in that regard. Moved by Councillor M. Yantzi Seconded by Councillor J. Ziegler "That the Waterloo Regional Police be requested to undertake active enforcement of the speed limit on Homewood Avenue, and further, That a 40 km/h zone be established on Homewood Avenue from Queen Street South to West APRIL 29, 1996 COUNCIL MINUTES -142- CITY OF KITCI:IENER Avenue, and further, That the Uniform Traffic By-law be amended accordingly. -and- That the Traffic Division prepare a staff report for consideration by the Public Works and Transportation Committee at its May 13, 1996 meeting discussing possible temporary traffic calming measures to address vehicular speeding on Homewood Avenue, associated costs and recommend a solution for implementation by July 1, 1996." Carried. Councillor Jake Smola stated that it was his understanding when the matter of vehicular speeding was considered sometime ago, the issue of speed bumps had come up and it was his recollection that a report was to come back to City Council from staff. He asked that a report be made available to members of Council. Mr. William Beynon, Regional Vice President of the Ontario Centre for Environmental Technology Advancement (OCETA) appeared as a delegation to present the Canadian Institute of Technology for the Environment (CITE) and (OCETA) Annual Review for 1995. He thanked the City of Kitchener for its ongoing support. Mr. Beynon advised that the report was to provide an update to Council on the first year of operations of the shared CITE/OCETA office. He advised that the organizations were not for profit and commented on their mandate. The annual review illustrates services provided to local environmental technology companies. As well, it described networking that has taken place and electronic information systems and services that have been undertaken. Attached to the review was a May 19, 1995 CITE/OCETA office publication. Finally, Mr. Beynon again thanked all the sponsors of the undertaking as well as the City of Kitchener for its strong support. Mr. Darcy Clark, Director of Regional Development, Mediacom, appeared as a delegation to object to the Committee of Adjustment recommendation to refuse Sign Submission S 8/95, John Schueller Enterprises Ltd. Councillor J. Ziegler advised that the matter concerned a billboard sign on Manitou Drive. He noted that the current sign application was actually for an existing billboard sign and neighbours are not concerned with it. Councillor Ziegler commented that the Committee of Adjustment was split in its decision and he requested that Council not accept the Committee of Adjustment recommendation to refuse the application, but rather approve of the application. Moved by Councillor J. Ziegler Seconded by Councillor T. Galloway "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council of April 16, 1996 recommending refusal of Submission No. S 8/95 -John Schueller Enterprises Ltd., not be accepted, and further, That Committee of Adjustment Submission No. S 8/95 -John Schueller Enterprises Ltd. be approved." Carried. Mr. Don Bourgeois appeared as a delegation on behalf of Friends of the St. Jerome's Centre for the Arts. He advised that his purpose was to inform Council on the status of the Feasibility Study with respect to the Centre and also to speak to the application by the Congregation of the Resurrection for a demolition permit for the College Street and Duke Street buildings. He then reviewed Phase I of the Study which touched on issues respecting the site, objectives/benefits, strategic focus and primary goals, historic building assessment, market assessment, development concept and proposed site layout. He noted that Phase II would deal with financial feasibility and this was expected to be completed in June, 1996. Mr. Bourgeois then referred to the application for demolition permit and requested that the Council vote against it on the basis that the feasibility study results have been positive. Also the proposed redevelopment is consistent with various City plans and the promoters have put forward some proposals in this regard to the current property owners. Councillor B. Vrbanovic advised that his concern was that time was running out and he questioned what APRIL 29, 1996 COUNCIL MINUTES -143- CITY OF KITCI:IENER the general public could do to assist in preservation efforts. Mr. Bourgeois provided his telephone number and invited members of the public to call him directly. As well, he suggested that written appeals for preservation should be sent to the Congregation of the Resurrection requesting them not to demolish the St. Jerome's property. He also suggested that letters supporting preservation be sent to City Council. Mr. Bourgeois pointed out that the feasibility study would be the document that will promote and sell the initiative for preservation and in this regard, he advised that expressions of interest have been received for 20,000 square feet out of a total 30,000 square feet. Ms. Deborah Budd, Executive Director of the Waterloo Region Arts Council, appeared as a delegation in that capacity as well as a member of the KDBA to support initiatives to further develop arts and culture as a cornerstone of downtown rejuvenation. She commented on uses for the St. Jerome's buildings and asked that the City do everything it can to preserve distinguished buildings. Ms. S. Campbell appeared as a delegation representing LACAC to support its recommendation this date regarding St. Jerome's High School. She noted that at the April 12 LACAC Committee meeting, the demolition request had been considered and refusal has been recommended as the buildings are still of historic and architectural value. She then commented on the historic and architectural features respecting the buildings. Councillor M. Wagner noted that at the April 22 Planning and Economic Development Committee meeting, Councillor J. Ziegler had suggested that since there was a full 90-days to deal with the matter dating from February 15, that in fact the issue could be deferred until May 13 at which time a special Council meeting could be held to deal with the demolition application. Following the May 13 meeting, the clock would again start ticking and in this way, the maximum amount of time would be obtained to work toward preservation of the buildings. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner "That clause 4 of the Planning and Economic Development Committee report of this date (regular meeting of April 22, 1996) and clause 1 of the Local Architectural Conservation Advisory Committee report of this date be deferred and referred to a special Council meeting to be held at 12 noon on Monday, May 13, 1996." Carried. Mr. Bob Walters, Secretary-Treasurer, Glasgow Heights Development, appeared as a delegation in regard to the issue of conditional building permits for a development project. A letter dated April 29, 1996 in regard to his submission was distributed to Council. He advised that in March 1021366 Ontario Limited was granted two conditional building permits so that construction of two model homes could be undertaken in order to begin their sales program in the Spring. One of the conditions required is that a Letter of Credit be supplied to cover the cost of constructing the extension of Glasgow Street by April 30, 1996. He requested that Council grant an extension of this condition to May 15, 1996. Ms. L. MacDonald advised that staff have the authority to deal with conditional building permits but it was their view that this was a limited authority and that there should be a new agreement registered on title if extension was approved. Mr. J. Witmer presented his concerns in respect to this issue and in particular referred to the matter of unreasonable delay and stated that he was not comfortable that in fact the situation represented unreasonable delay. Further, he stated that this was the first agreement affected by the conditional building permit program and that he had a concern with the City immediately undertaking revisions to the agreement. Councillor C. Weylie advised that the City had encountered a problem with the owner of this development. In response to Councillor K. Redman, Mr. Walters advised that a financial institution wishes to put a first mortgage on the property and that it was hoped this would be completed by the end of this week, but that extension would provide a cushion. Councillor T. Galloway referred to the problems with the property developer with respect to tree cutting and questioned what restitution was agreed to. Mr. J. Witmer advised that the development agreement dealt with measures relative to tree requirements addressing earlier problems and that the primary issue of concern to staff was a Letter of Credit in respect to the servicing. In reference to a requirement for a new agreement, Ms. MacDonald advised that it would cost about $100 of which $50 would be to discharge the existing agreement and $50 to register a new agreement, all of which should be assumed by the developer and the applicant has agreed to assume these costs. APRIL 29, 1996 COUNCIL MINUTES -144- CITY OF KITCI:IENER Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That we approve the request of Mr. Bob Walters on behalf of 1021366 Ontario Inc. to extend the condition in their Conditional Building Permit Agreement from April 30, 1996 to May 15, 1996 requiring provision of a Letter of Credit to cover the costs of installation of public services within the related subdivision, and further, That any necessary documentation required by the City Solicitor be executed at the cost of 1021366 Ontario Inc." Carried. Mr. Keith Calow appeared as a delegation on behalf of Big Brothers of Kitchener-Waterloo to present the request outlined in his letter of April 26, 1996 which pointed out that Big Brothers owned an approximate 5'x 8' portable sign used to promote the recruitment of Big Brothers and to advertise upcoming special events. He advised that the sign has been located in the City of Waterloo by permit and that the permit expires at the end of April following which the sign must be relocated. In this regard, the owner of the Apple Auto Glass at 1464 Victoria Street North has consented to placement of the sign on the premises; however, placement of a third party sign on such premises is in violation of City by-laws. Accordingly, he requested Council approval for the placement of the sign at 1464 Victoria Street North notwithstanding the by-law. Mr. Calow advised that it was the intention of Big Brothers to move the sign every three to six months to a new location. He stressed that the organization was dependent on the goodwill of organizations to allow the sign to locate on their premises. In response to Councillor Jake Smola, Mr. J. Witmer advised that he understood staff had no objection to the request. Councillor Jake Smola requested that staff advise if there already was a portable sign at the subject property. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner "That notwithstanding the provisions of Chapter 680 of the City of Kitchener Municipal Code, we grant the request of the Big Brothers Association of Kitchener-Waterloo Inc. to erect a portable sign at 1464 Victoria Street North subject to the sign being relocated to another property every four months." Carried. Mr. Jack McGee appeared as a delegation to express objection to the motion arising from the special meeting of the Planning and Economic Development Committee held April 22, 1996 that would allow City- wide duplexing. He requested that the Council not approve the Committee recommendation. It was his view that governments have a difficult time controlling absentee landlords without providing incentive for more such landlords, that there was no shortage of housing and that there has been no request from residents for the opportunity for City-wide duplexing. Mr. McGee commented that Kitchener presently had an attractive streetscape and that density issues should be dealt with as the part of subdivision planning process before development. Councillor John Smola commented that problems with absentee landlords were not limited to duplex dwellings and that he could list examples of single family homes where there were similar problems. Mr. McGee reiterated that government has a difficult time dealing with the existing situation. Councillor K. Redman commented that the Committee recommendation represented a fine-tuning of the by-law that already exists. Mr. McGee indicated that many people are of the view that the current by-law should never have been put in place. Ms. Sally Gunz appeared as a delegation on the duplexing issue and advised that she had not intended to attend this meeting based on the April 22 Committee discussion and recommendation. She asked that Council look ahead and manage the future and not be swayed by cliches applied to the duplexing situation. Ms. Gunz advised that she had spoken to many people since the Committee meeting last week and it was her finding that once people understood the issue and what it meant, it became a non-issue for them. Also she pointed out that since the 1980's various agreements have been developed with regard to the duplexing issue and she asked that Council consider commitments made in this regard. Also she pointed out that the registration issue was still to be dealt with and requested Councillors consider if responses they have received to the duplexing issue were from fully informed people. In regard to APRIL 29, 1996 COUNCIL MINUTES -145- CITY OF KITCI:IENER commitments, she pointed out that some areas were previously intensified against the will of the neighbourhood and that these agreements will be breached if Council did not approve the Committee recommendation. Mr. Peter Gove appeared as a delegation on the duplexing issue and advised that during the planning process regarding By-law 85-1, the downtown neighbourhoods had compromised to up-zoning many areas but only in conjunction with a commitment for City-wide duplexing that would ease the pressure on downtown areas for duplexing. Accordingly, he reminded the Council of this commitment to distribute duplex form of housing more equitably City-wide. Moved by Councillor M. Yantzi Seconded by Councillor M. Wagner "That the report of the Planning and Economic Development Committee of Council of this date (special meeting of April 22, 1996) be adopted." Councillor J. Ziegler requested that a recorded vote be taken when the report was voted on. Councillor B. Vrbanovic advised that he was reversing his support for duplexing that he had given at the Committee meeting. He stated that personally he believed there were reasons to support duplexing but that following input from his constituents the majority of respondents have indicated an opposition to duplexing which he felt he must represent. Further, he indicated that he had contacted other municipalities to verify their activities on the duplexing issue and it would appear that as of right duplexing is a trend deemed not acceptable. In voting against the Committee motion, he advised that he would propose specific recommendations that would waive the application fee for site specific Zone Changes to accommodate duplexing, permit 100% duplexing in new Plans of Subdivision and delay any proposed by- law taking effect until September 1, 1996. Councillor T. Galloway stated that he was opposed to the Committee recommendation to allow duplexing in Zones City-wide and noted that implementation in the first place was the product of activities of the previous Provincial government. He suggested that the up-zoning that took place in certain zones as a result of Stage 6 rezoning could be reviewed. Finally, he noted that owners who previously purchased homes were entitled to certainty as to the zoning they bought into. Mayor R. Christy suggested that if the Committee recommendation was defeated, no further motions be put forward until staff can examine the issue and provide Council with a report of the implications. Some members of Council felt it was appropriate that the matter be further considered by staff while others were opposed. Councillor K. Redman commented that the Committee recommendation represented good planning principles and that no zoning could control who lived next door. She suggested that defeat of the recommendation would pit neighbourhood against neighbourhood. Councillor John Smola stated that he was in agreement with Councillor Redman and that duplexing was a financial reality that would assist residents who were struggling in these financial times. Councillor M. Wagner commented that defeat of the recommendation would be a regressive and divisive step and represented turning a blind eye to reality. Councillor Jake Smola stated that he was opposed to the recommendation based on hazard issues and unregulated development of duplexes and noted that a Zone Change process represented an appropriate way in which safe accommodation could be developed within a duplex setting. Councillor B. Vrbanovic strongly objected to remarks made by Mayor R. Christy that in effect admonished him as a Councillor for changing his mind on the duplexing issue and noted that members of Council in carrying out their duties from time to time do reconsider previous positions following receipt of further information. The report of the April 22 special meeting of the Planning and Economic Development Committee was then put to a recorded vote. Voted on clause by clause. Clause 1 - In Favour: Mayor R. Christy, Councillors John Smola, K. Redman, M. Yantzi and M. Wagner. Contra: Councillors G. Lorentz, B. Vrbanovic, T. Galloway, C. Weylie, J. Ziegler and Jake Smola. Motion Lost. APRIL 29, 1996 COUNCIL MINUTES -146- CITY OF KITCI:IENER Clausse 2 - In Favour: Councillors G. Lorentz, K. Redman, B. Vrbanovic, T. Galloway, C. Weylie, J. Ziegler and Jake Smola. Contra: Mayor R. Christy and Councillors John Smola, M. Yantzi and M. Wagner. Carried. Councillor B. Vrbanovic then introduced a motion dealing with the recommendations he had mentioned earlier based on the duplexing motion being defeated. Councillor M. Yantzi stated that he was prepared to recommend deferral of Councillor Vrbanovic's motion. Several members of Council indicated it would be appropriate that Councillor Vrbanovic's recommendations not be dealt with at this meeting but rather be the subject of a staff report that would address the implications of his suggestions that the Planning and Economic Development Committee could consider at its May 13 meeting. Councillor Vrbanovic consented to this approach and to such referral. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Redman "That Zone Change Application 96/09/TC/JW (City of Kitchener) be referred to the May 13, 1996 Planning and Economic Development Committee meeting for consideration of a staff report addressing the implications of the following suggestions relative to duplexing: (a) waiver of fees for site specific duplex Zone Change Applications (b) 100% duplexing only in new Plans of Subdivision (c) any applicable by-law not taking effect until September 1, 1996 (d) review of duplexing in all Zones from pre-Stages 6 & 7 rezonings." Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee of Council of this date (meeting of March 4, 1996) be adopted." Ms. V. Gibaut advised that Council was in receipt of a staff memorandum dated revised April 25, 1996 dealing with a recommendation that the City accept an offer from Highland Metal Fabricating Inc. to purchase part of Site 130 in Huron Business Park. She commented on how the land parcel was not ideal and that a portion of the lands had been discounted to reflect this and also noted that the land parcel had been for sale for approximately ten years. Councillor Weylie advised that this recommendation was linked to and should be considered before the Committee's March 4, 1996 recommendation which was referred to the meeting this date. A motion by Councillor C. Weylie, seconded by Councillor M. Yantzi to amend the Committee report so as to add the Offer to Purchase submitted by Highland Metal Fabricating Inc. as clause 1 and renumber the previous clause 1 as clause 2, was Carried. A further motion by Councillor C. Weylie, seconded by Councillor M. Yantzi to revise the date from March 25, 1996 to April 29, 1996 in clause 2 relative to receipt of a lease agreement or bona fide offer was Carried. The report was then put to a vote. Voted on clause by clause. Clause 1 - Carried. Balance of Report - Carried (as amended). COUNCIL MINUTES APRIL 29, 1996 - 147 - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee of Council of this date (regular meeting of April 22, 1996) be adopted." Council was in receipt of a staff memorandum dated revised April 18, 1996 concerning an Offer to Purchase submitted by MSD Machine Tool Inc. with respect to lands in Phase I of Huron Business Park composed of part of Site 130. A motion by Councillor C. Weylie, seconded by Councillor M. Yantzi to accept the revised wording in the staff memorandum and amend clause 1 of the report in this regard, was Carried. Councillor T. Galloway referred to clause 2 of the report and advised that at the April 22 Committee meeting he had spoken against the staff recommendation contained in Planning and Development Staff Report PD 96/33 because the neighbourhood had only just received the staff report and had insufficient time to consider implications of the recommendation. He advised that since the Committee meeting last week, he had an opportunity to discuss the issue with the neighbours and the neighbours are now in agreement with the recommendation proposed by staff. Accordingly, he asked that Council defeat the Committee's recommendation and then consider the recommendation originally proposed in the Staff Report. Clause 2 of the report recommending consideration of Planning and Development Staff Report PD 96/33 be deferred and referred to the May 13, 1996 meeting of the Planning and Economic Development Committee was put to a vote and Lost. A motion by Councillor T. Galloway, seconded by Councillor C. Weylie to amend the report by replacing clause 2 with direction for staff to continue processing all planning applications in Pioneer Tower West was Carried. The report was then put to a vote. Voted on clause by clause. Clauses 1 & 2 - Carried (as amended). Clause 4 - Dealt with under delegations and action deferred and referred to a special Council meeting to be held on May 13, 1996. 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." A motion by Councillor J. Ziegler, seconded by Councillor B. Vrbanovic to amend clause 1 of the report so as to require that the same method of funding operating costs be implemented in all community centres, was Carried. The report was then put to a vote. Voted on clause by clause. Clause 1 - Carried (as amended). Balance of Report - Carried. Moved by Councillor J. Ziegler Seconded by Councillor Jake Smola APRIL 29, 1996 COUNCIL MINUTES -148- CITY OF KITCI:IENER "That the report of the Finance and Administration Committee of this date be adopted." Councillor B. Vrbanovic disclosed a pecuniary conflict of interest and abstained from discussion in regard to clause 6 of the report as his wife is employed by the City of Kitchener. Councillor J. Ziegler recommended that action on clause 6 be deferred and that the matter be referred to the May 13 Finance and Administration Committee meeting so as to allow for input from staff union groups. A motion by Councillor J. Ziegler, seconded by Councillor M. Wagner to amend the report by adding an additional clause 8 dealing with a Memorandum of Settlement concerning a Collective Agreement with CUPE Local 68 was Carried. The report was then put to a vote. Voted on clause by clause. Clause 1 - Carried. Clause 6 - Action deferred and referred to the May 13, 1996 Finance and Administration Committee meeting so as to allow opportunity for input from staff union groups. Balance of Report - Carried. The following pecuniary conflict of interest and abstention was disclosed: Clause 6 - Councillor B. Vrbanovic as his wife is employed by the City of Kitchener. Moved by Councillor M. Wagner Seconded by Councillor T. Galloway "That the report of the Local Architectural Conservation Advisory Committee of this date be adopted." Councillor T. Galloway questioned if clause 2 of the report binds the City to increased costs and Councillor M. Wagner advised that there was nothing binding in the resolution, but rather just a strong recommendation that provides leadership to the renovation issue. The report was then put to a vote. Voted on clause by clause. Clause 1 - Dealt with under delegations and action deferred and referred to a special Council meeting to be held on Monday, May 13, 1996. Balance of Report - Carried. Moved by Councillor John Smola Seconded by Councillor M. Wagner "That the report of the Public Works and Transportation Committee of this date be adopted." Councillor G. Lorentz disclosed a pecuniary conflict of interest and abstained from discussion with regard to clause 6 of the report as he is employed by Canada Post. Councillor J. Ziegler referred to clause 6 of the report dealing with a lease by the City from Canada Post for the purposes of providing metered and monthly parking spaces. He questioned why the City would be paying more to lease land for parking when it has undertaken a program to offer a substantial amount of free parking in the downtown. Mr. E. Kovacs commented that the parking being provided was peripheral to the free parking now offered in the downtown and staff were of the view that it had no impact. APRIL 29, 1996 COUNCIL MINUTES -149- CITY OF KITCI:IENER Councillor J. Ziegler questioned if the proposed lease was long term in nature and asked that staff reconsider the impact of the lease in the context of overall parking before sending the lease for execution. Councillor C. Weylie referred to clause 9 of the report and requested that the fine of $10 relating to expired parking meters not be increased. Accordingly, she asked that Council defeat that portion of clause 9. The report was then put to a vote. Voted on clause by clause. Clauses 1,5,6 & 9 - Carried. Balance of Report - Carried. The following pecuniary conflict of interest and abstention was disclosed: Clause 6 - Councillor G. Lorentz as he is an employee of Canada Post. Councillor J. Ziegler expressed concern with the numbers of grocery carts taken from food stores and then being abandoned throughout the municipality. He questioned if the City could implement a requirement for owners to pick them up and asked that staff address this issue and advise Council. Councillor J. Ziegler referred to the abandonment of the Falcon Environmental Inc. hazardous waste transfer facility located at 260 Shoemaker Street. He questioned how the Company was able to inventory many more barrels of waste than it was entitled to have and asked for information as to what happened to the Company, what is in the barrels abandoned, what the Ministry of the Environment was doing to remedy the situation and how such situation could be avoided in the future. Councillor K. Redman referred to the matter of CO2 in residential dwellings and questioned what Messrs. J. Hancock and E. Kovacs were doing to address the hazard. Mr. B. Kuntz, Deputy Fire Chief advised that the Department was developing a protocol to deal with responses and enquiries regarding CO2 problems in residences and also providing a public education program. Mr. E. Kovacs advised that the Utilities Division, by means of the Natural Gas Association has expressed its concern. Also he indicated that several years ago the Division began providing information in this regard with utility bill mailings. He pointed out that there were three major issues that have heightened awareness of the problem being: many natural gas furnaces are reaching the end of their lifecycle, homes constructed today are extremely air-tight and chimney maintenance is a must to avoid the problem. Councillor M. Wagner commented on the Intervin'96 Wine Judging held recently in the Rotunda of City Hall during which over 1,000 wines originating from 30 countries were judged. He noted that staff had done an excellent job in assisting in this undertaking and should be praised for their role. As well, he pointed out that this competition is one of the most prestigious wine judging events in North America and noted that while the Food Fair portion of the event was withdrawn by the organizers, he suggested that the City should encourage the possibility of a City-wide Wine/Food Fair in future and that the suggestion should be passed on to the Downtown Events Co-ordinator for consideration. Councillor Jake Smola thanked the K-W Field Naturalists for their volunteer efforts that resulted in the planting of approximately 350 shrubs and trees in the Grand River North Community recently. Councillor Jake Smola raised concerns with regard to the issue of water service valve shutoffs located in driveways which had been dealt with by City Council some months ago. He asked that the issue be put on a future Public Works and Transportation Committee Agenda along with a memorandum received from Mr. E. Kovacs in this regard. He acknowledged that costs are an issue but also expressed concern with regard to the process when there is a problem and asked that this matter be addressed by the Committee. Councillor T. Galloway expressed concern with the proliferation of posters in the municipality and noted that it was his understanding the City of Waterloo intends to charge cleanup costs to the groups responsible for erecting the posters. He asked that staff investigate Waterloo by-laws in this regard and advise of Waterloo's activity. Councillor Galloway also requested that staff be reminded to remove bag APRIL 29, 1996 COUNCIL MINUTES - 150- CITY OF KITCI:IENER style advertising signs placed on City property including boulevard during their daily work routine. Councillor T. Galloway advised that a walk was being held in the Huron Natural Area on Saturday, June 1, 1996 and participants were asked to meet at 2 p.m. at the Crown Courier Building on Trillium Drive. Councillor G. Lorentz advised that a dedication ceremony was being held on May 15, 1996 at Westheights Pond in connection with the Canada Trust donations that allowed for the acquisition of quarry stone to be added to the pond. Councillor M. Yantzi advised that the Clock Tower in Victoria Park had recently been vandalized with paint graffiti and as a result of the Neighbourhood Watch Program the police apprehended the individual suspected in this regard. Council consented to a request from Mr. R.W. Pritchard, City Clerk, to add two additional by-laws to the agenda for three readings dealing with Part Lot Control on Highbrook Street and amendment to Chapter 95 of the Municipal Code. Moved by Councillor John Smola Seconded by Councillor G. Lorentz "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to govern and regulate the finances of the City of Kitchener for the fiscal year ending December 31, 1996 and to provide for the payment of taxes after interim taxes (b) To further amend By-law 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (c) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (d) 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 (e) Being a by-law to amend By-law 85-1 of the City of Kitchener - Global Aquatics No.95129NIPMB (f) Being a by-law to amend By-law 85-1 - GJF Holdings Inc. - River Road - No.96/1/R/JG (g) Being a by-law to amend By-law 85-1 known as the Zoning By-law - DGF Investments Limited - Homer Watson Boulevard - No.93/15/HW/ZJ (h) Being a by-law to amend By-law 85-1 - Kenmore Commercial (1989) Inc. - Westwood Drive at Westmount Road - No. 95/28/W/PMB (i) Being a by-law to provide for the establishing and laying out of part of Bankside Drive as a public highway in the City of Kitchener (J) Being a by-law to amend By-law 95-98 to correct the description and adjust the time and payment for the conveyance of part of Woolner Drive shown as Part 1, Reference Plan 58R-9686 in the City of Kitchener (k) Being a by-law to repeal By-law No. 75-81-P of the City of Kitchener to prohibit or regulate the ringing of bells, the blowing of horns, shouting and unusual noises, or noises likely to disturb the inhabitants (I) To confirm all actions and proceedings of the Council (m) To further amend By-law 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (n) Being a by-law to exempt a certain lot from Part Lot Control - Blocks 17, 18, 19 & 20 of Plan APRIL 29, 1996 COUNCIL MINUTES -151- CITY OF KITCI:IENER (o) 58M-1 - HJghbrook Street Being a by-law to amend Chapter 95 of the City of Kitchener Municipal Code respecting the Public Library Board 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 C. Weylie as Chair. On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "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 G. Lorentz Seconded by Councillor John Smola "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) (e) 10. (f) (g) (h) Being a by-law to govern and regulate the finances of the City of Kitchener for the fiscal year ending December 31, 1996 and to provide for the payment of taxes after interim taxes (By-law No. 96-54) To further amend By-law 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (By-law No. 96-55) 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. 96-56) 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 Being a by-law to amend By-law 85-1 No.95129N/PMB of the City of Kitchener - (By-law No. 96-57) Global Aquatics (By-law No. 96-58) Being a by-law to amend By-law 85-1 - GJF Holdings Inc. - River Road - No.96/1/R/JG (By-law No. 96-59) Being a by-law to amend By-law 85-1 known as the Zoning By-law - DGF Investments Limited -Homer Watson Boulevard - No.93/15/HW/ZJ (By-law No. 96-60) Being a by-law to amend By-law 85-1 - Kenmore Commercial (1989) Inc. - Westwood Drive at Westmount Road - No. 95/28AN/PMB APRIL 29, 1996 COUNCIL MINUTES - 152- CITY OF KITCI:IENER (i) d) (k) (i) (m) (n) (o) (By-law No. 96-61 ) Being a by-law to provide for the establishing and laying out of part of Bankside Drive as a public highway in the City of Kitchener (By-law No. 96-62) Being a by-law to amend By-law 95-98 to correct the description and adjust the time and payment for the conveyance of part of Woolner Drive shown as Part 1, Reference Plan 58R-9686 in the City of Kitchener (By-law No. 96-63) Being a by-law to repeal By-law No. 75-81-P of the City of Kitchener to prohibit or regulate the ringing of bells, the blowing of horns, shouting and unusual noises, or noises likely to disturb the inhabitants (By-law No. 96-64) To confirm all actions and proceedings of the Council (By-law No. 96-65) To further amend By-law 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. 96-66) Being a by-law to exempt a certain lot from Part Lot Control - Blocks 17, 18, 19 & 20 of Plan 58M-1 - Highbrook Street (By-law No. 96-67) Being a by-law to amend Chapter 95 of the City of Kitchener Municipal Code respecting the Public Library Board (By-law No. 96-68) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned. Carried. MAYOR CLERK PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (Special Meeting of April 22, 1996) - That Zone Change Application ZC 96/09/TC/JW (City of Kitchener), representing revisions to Zoning By-law 85-1, dealing with prohibiting second dwelling units in semi-detached houses and street townhouses, and dealing with revised regulations for duplexes, be approved in the form shown in the attached "Proposed By-law", dated March 21, 1996, subject to the following condition: That prior to any readings of the amending Zoning By-law, the provincial legislation (Bill 20), repealing the Residents' Right Act (Bill 120), be proclaimed. It is the opinion of this Committee that approval of this application is proper planning for the City. (Dealt with under delegations and Motion Lost) That the Planning and Development Department be directed to investigate the feasibility of administrative procedures and fee structure related to requiring registration for duplex dwellings and report back to the Planning and Economic Development Committee. (Dealt with under delegations and Motion Carried) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (March 4, 1996) - That the City accept, and the Mayor and Clerk execute an Offer to Purchase submitted by Highland Metal Fabricating Inc. with respect to land in Phase I of the Huron Business Park and being composed of part of parts 5 and 6 on Reference Plan 58R-7008 being part of site 130 (Lots A and B) and consisting of approximately 1.082 acres at a total purchase price of approximately $39,355 based on approximately 0.465 useable acres at $78,000/acre plus approximately 0.617 unusable acres at $5,000/acre. 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 April 29, 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. (As Amended) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (Regular Meeting of April 22, 1996) - That the City accept, and the Mayor and Clerk execute an Offer to Purchase submitted by MSD Machine Tool Inc., with respect to land in Phase I of the Huron Business Park and being composed of part of Parts 5, 6 & 7 on Reference Plan 58R-7008 being part of site 130 (Lot D and part of Lot C and E) and consisting of approximately 1.024 acres at a total purchase price of approximately $59,432 based on approximately 0.744 useable acres at $78,000/acre plus approximately 0.28 unusable acres at $5,000/acre. The Mayor and Clerk are hereby authorized to execute any other necessary documentation required by the City Solicitor. (As Amended) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (Regular Meeting of April 22, 1996) - That Council direct staff to continue processing all planning applications in Pioneer Tower West and bring forward to Council reports on all developer and City-initiated applications, as set out in Option 1 outlined in Planning and Development Staff Report PD 96/33. COUNCIL MINUTES APRIL 29, 1996 - 154- CITY OF KITCI:IENER COUNCIL MINUTES APRIL 29, 1996 - 154- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL (As Amended) That Zone Change Application ZC 96/1/R/JG (GJF Holdings Inc.), adding uses to the C-1 Zone at 1401 River Road, be approved in the form shown in the attached "Proposed By-law", dated March 11, 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. That the following resolution of the Downtown Advisory Committee be referred to the Council meeting of April 29, 1996 for consideration by Council in conjunction with the recommendation of LACAC dealing with the Demolition Application for St. Jeromes: That the Kitchener Downtown Advisory Committee are in support of Council refusal of the Demolition Application for St. Jeromes. (Dealt with under Delegations and action deferred and referred to a Special Council meeting to be held on Monday, May 13, 1996). That Kitchener City Council advise the Regional Municipality of Waterloo that it supports the delegation of approval authority from the Region to the City of Kitchener for Plans of Subdivisions, Plans of Condominium and Part Lot Control Exemption By-laws and further that the City of Kitchener acknowledges and supports the criteria to obtain delegated approvals as follows: a) Up to date official plan policies and implementing zoning by-law standards, in conformity to the ROPP; b) An effective system of neighbourhood or community planning for local services and a Staging of Development program; c) An integrated fee structure with administrative responsibilities to be exercised by the area municipality; That Zone Change Application ZC 95/27/H/JW (G. Hudelmaier) rezoning 140 Highland Road West from R-6 to I-2, be approved in the form shown in the attached revised "Proposed By-law", dated April 9, 1996 (replaces proposed by-law dated March 4, 1996), subject to the following conditions being satisfied prior to any readings of the By-law by Council: That the Owner arrange for notification, by letter from the Regional Municipality of Waterloo to the City Clerk, that Regional requirements for a noise study have been satisfied with respect to the proposed zone change; The Owner acknowledges that Condition 1 is required to be satisfied no later than 7 months from the day of Council having approved by resolution Zone Change Application 95/27/H/JW. In the event this requirement is not fulfilled within the 7 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (Regular Meeting of April 22, 1996) - That Zone Change Application ZC 95/29NIPMB (Global Aquatics), representing a City-wide text change to the C-6 Zone, be approved in the form shown in the attached "Proposed By-law", dated APRIL 29, 1996 COUNCIL MINUTES - 155- CITY OF KITCI:IENER COUNCIL MINUTES APRIL 29, 1996 - 155- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL March 21, 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. That enforcement of the City's sign by-law be waived in accordance with the request and details contained in the letter, dated April 22, 1996, from Mr. Earl Famme, Principal, Eastwood Collegiate Institute, 760 Weber Street East, relating to placement of a portable sign until April 30, 1996 promoting the high school's alumni reunion to celebrate its 40th anniversary, subject to the sign being placed in a location acceptable to City staff. COMMUNITY SERVICES COMMITTEE - That staff begin the process to select an architect to design the Country Hills Community Centre, and further, That the architect be requested to include as many features as possible to minimize operating and staff costs, and further, That staff investigate alternative methods of funding operating costs for this community centre prior to the operating budget receiving final approval, and further That the same methods of funding operating costs be implemented for all community centres. (As Amended) That the current Cemetery Tariff of Charges be amended to eliminate the proposed Saturday additional charges, replacing them with a nominal additional cost on each other internment rate. That the open space located at the corner of Lancaster Street and Breithaupt Street be named "Maple Lane Green" in recognition of Maple Lane Dairy, the adjacent property. That the financial terms in the agreement between the City and Brown's Automatic Vending (1975) Limited relative to operation of the concessions in the community arenas be adjusted from an annual guarantee of $72,500 or 22% of gross sales, whichever is greater, to an annual guarantee of $65,000 or 22% of gross sales, whichever is greater; and further, That this reduction be in effect from February 1, 1996 to the end of the contract, which is January 31, 1999. That the following changes and budget reductions be allocated to the accounts listed, to meet the $50,000 budget reduction as outlined during the budget meetings: (a) Chanqes The $50,000 allocation which has been eliminated from the 1996 current budget be allocated as a result of the following changes: (i) Two custodians transferred from Parks Operations to Building Services filling two LTD vacancies; (ii) One custodial vacancy existed within Parks and Recreation for six months; Savings also resulted from using part-time staff on weekends and calling in additional help as needed; COMMUNITY SERVICES COMMITTEE - (CONT'D) COUNCIL MINUTES APRIL 29, 1996 - 156- CITY OF KITCI:IENER COUNCIL MINUTES APRIL 29, 1996 - 156- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL (b) Reductions (i) Centreville Chicopee Community Centre Index 632307 $9,000 (ii) Victoria Park Pavilion Index 632349 $7,000 (iii) Victoria School Centre Index 631310 $12,000 Total $28,000 General custodial services within Parks Operations have reduced from two custodians to one for Parks Operations, Boathouse, Victoria Park washrooms, etc., with weekend part- time for fill in hours. (iv) Parks Operations - General Index 662007522,000 Total $50,000 That approval be granted to host the Exhibition at the Kitchener Memorial Auditorium Complex under a renegotiated rental rate for the C.O.E./Conklin partnership as follows: 1996 1997 1998 $6,000 plus expenses $19,650 plus expenses $19,650 plus expenses FINANCE AND ADMINISTRATION COMMITTEE - That consideration of licensing or imposing a municipal user fee relative to Automated Banking Machines on other than bank property be referred to the Regional Municipality of Waterloo and the Waterloo Regional Police Services Board. That all fees relative to Specific Location Daily Sales Licenses for the Fire Fighters Muster, Games and Parade to be held on Saturday, May 25, 1996 at Doon Heritage Crossroads be waived, and that notwithstanding waiving of the fees, the organization is required to obtain a license and the necessary Health and Fire approvals. That Council approve the patio sketch plans and design detailing submitted by Slices Restaurant Inc., 300 King Street West, outlined in the sketch plan dated May 11, 1993 and the memorandum from G. Sosnoski dated April 17, 1996, and, That as regards the issue of fencing, chain link is not to be used and in its place the owner is to provide for the use of canvas sheeting inscribed with the restaurant name, similar to the fencing previously used by Stages, and further, That any questions regarding design details and layout should be directed to either Brock Stanley, Assistant General Manager of Planning and Development, or Patricia MacPherson-Bacon, Planner. That as regards the annual itemized statement of the renumeration and expenses paid to each member of Council which is required under the Municipal Act, the City Treasurer be directed to prepare a draft expenditure list three weeks prior to the reporting deadline in order to give members of Council an opportunity to review and comment on the completeness and accuracy of same, and further, That explanatory notes be inserted where required, and in particular to clarify expenditures incurred by an individual member of Council when attending an event on behalf of the entire APRIL 29, 1996 COUNCIL MINUTES - 157- CITY OF KITCI:IENER COUNCIL MINUTES APRIL 29, 1996 - 157- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL Council. FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) That staff submit a draft policy, for consideration at a future meeting of the Finance and Administration Committee, regarding the protocol for the renewal, enhancement or extension of City contracts and agreements. That as regards the future of the Early Retirement Incentive Program, Council adopt Option #2 (transition option) as outlined in the report of D. Patterson dated April 19, 1996, and further, That the Program be reviewed at three year intervals corresponding to the term of each new Council. (Action deferred and referred to the May 13, 1996 Finance and Administration Committee meeting so as to allow opportunity for input from staff union groups) That the City of Kitchener strongly endorse the present method of calculating development charges and urge the Minister of Municipal Affairs and the Association of Municipalities of Ontario to resist any attempt to restrict development charges to the recovery of "hard" municipal service costs only, which would have the effect of increasing the cost to existing taxpayers of continued urban growth. That Council approve the terms and conditions contained in a Memorandum of Settlement dated April 9, 1996 in connection with the 1996-1999 Collective Agreement with the Canadian Union of Public Employees Local #68 (Outside Workers), and further, That the Mayor and Clerk be authorized to execute any documentation arising therefrom. LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE - That, pursuant to Section 34 of the Ontario Heritaqe Act, we refused the request of the owner to demolish the designated property at 100 Duke Street West (St. Jeromes High School). (Dealt with under delegations and action deferred and referred to a Special Council meeting to be held on Monday, May 13, 1996) That the City of Kitchener use original/historic materials when renovating buildings in the area proposed as the Victoria Park Area Heritage Conservation District. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That, subject to a by-law being passed to amend Chapter 680 (Signs) of the City of Kitchener Municipal Code, the Director of Transit be authorized to negotiate a contract with Canadian Bench Media Inc. regarding the provision of bus stop benches and associated advertising, and further, That the above noted contract contain clauses to cover the following, namely: · a maximum term of 36 months; · the placement of up to 50 benches; · no tobacco advertising with contract wording similar to that included in the bus shelter agreement; · the provision of garbage containers if requested by Kitchener Transit; · a provision which will allow adjacent property owners to request Kitchener Transit to have a bus stop bench removed and/or relocated; · termination of the contract in less than 36 months for cause; and, · a restriction prohibiting the placement of these benches in the downtown core area, and further, APRIL 29, 1996 COUNCIL MINUTES - 158- CITY OF KITCI:IENER COUNCIL MINUTES APRIL 29, 1996 - 158- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL That the Mayor and Clerk be authorized to execute a contract which is in a form acceptable to the City Solicitor for the City of Kitchener. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) 2.That Kitchener City Council recommend to Safety Kleen Canada Inc., the application of Audrey Coffey as an appointee to their Public Liaison Committee. 3.That Goudies Lane between Queen Street and Frederick Street be converted from one-way to two-way traffic operation, and further, That the Regional Municipality of Waterloo implement a "No Left Turn" prohibition for vehicles exiting Goudies Lane at Frederick Street, and further, That the Uniform Traffic By-law be amended accordingly. 4.That stop controls be installed at the following locations: Shuh Avenue at Broadview Avenue (both intersections) Chandos Court at Chandos Drive Carnaby Place at Carnaby Crescent Downey Street at Oxford Street Downey Street at Edwin Street Glenwood Drive at Idlewood Drive Glenwood Drive at Shuh Avenue Idlewood Drive at Shuh Avenue Volta Avenue at Chicopee Terrace Windy Ridge Place at Windy Ridge Drive, and further, That yield controls be updated with stop controls at the following locations: Ahrens Street at Hartwood Avenue Becker Street at Belleview Avenue Carlin Avenue at Cornell Avenue Cornell Avenue at Plymouth Road Donald Street at Ada Street Emerald Avenue at Prospect Avenue Euler Street at Prospect Avenue Plymouth Road at Dixon Street Queen's Blvd. at Mill Street Sereda Road at Arnold Street Spadina Road at Glen Road, and further, That the Uniform Traffic By-law be amended accordingly. 5.That DOPWR 96-14 - 1995 Parking Study - Study Results, be accepted. 6.That Council enter into a lease with Canada Post Corporation for the use of a portion of land to the rear of 44 Gaukel Street for the purposes of providing both metered and monthly parking, and further, That the Mayor and City Clerk be authorized to execute a lease satisfactory to the City Solicitor with Canada Post Corporation. 7.That parking be prohibited anytime on the east side of Gage Avenue from Westmount Road to Belmont Avenue, and further, That parking be prohibited anytime on the west side of Gage Avenue from Westmount Road to a point 58 metres north thereof, and further, APRIL 29, 1996 COUNCIL MINUTES - 159- CITY OF KITCI:IENER COUNCIL MINUTES APRIL 29, 1996 - 159- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL That the Uniform Traffic By-law be amended accordingly. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) 8.That stop controls be installed at the following locations: Forfar Court at Forfar Avenue General Drive at General Drive, and further, That the Uniform Traffic By-law be amended accordingly. 9.That the Municipal Off-Street By-law 88-169, the Private Property By-law 88-170, the Fire Route By-law 88-171, the Handicap By-law 88-172 and the Traffic and Parking By-law 94-101 be amended to reflect the increase in Set Fines as noted in Schedule 'A' of report DOPWR 96-21, and further, That these Fines come into force and effect on October 1, '1996, and further, That the Set Fines, included as Schedule 'A' of report DOPWR 96-21, be adopted for recommendation to the Chief Judge of the Ontario Court (Provincial Division), and further, That the Regional Municipality of Waterloo be requested to amend the Regional Traffic By-law 94-010 to reflect the approved changes. COUNCIL MINUTES APRIL 29, 1996 - 160 - 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. Oktoberfest Trade Dollars It was resolved: "That Kitchener-Waterloo Oktoberfest Inc. be authorized to circulate $2.00 gold coloured coins with the old City Hall Clock Tower in Victoria Park featured on the obverse side of the coin, within Kitchener, from July 1, 1996 to October 31, 1996." 2. Surplus Land - WEST WARD It was resolved: "That the K-W Hydro Substation #12 designated as Lot 40, Registered Plan 645, subject to an easement in favour of Bell Canada over part of the property located at 359 Alice Avenue, Kitchener be declared surplus to the City's needs, and that staff be directed to sell the land at cost to Kitchener Housing Inc. for the purposes of converting the building into a single detached rental unit." 3. Binqo Application It was resolved: "That the K-W Synchro Club, 43 Maple Hill Drive, Kitchener, N2M 2R7, be granted permission to conduct bingos on an ongoing basis at 1356 Weber Street East, Kitchener, providing the club conducts bingos in Kitchener only." 4. Raffle Lottery It was resolved: "That the City of Kitchener has no objection to a Lottery Licence being issued to Kitchener-Waterloo Oktoberfest, 17 Benton Street, Kitchener, N2G 4G1, to conduct a Raffle Lottery at the Valhalla Inn, Kitchener, on November 26, 1996." 5. Refreshment Stand Licences It was resolved: "That the Zehrs Market, Hiway Centre, 1375 Weber Street East, Kitchener, be granted permission to operate a refreshment stand, in front of their store on June 14-15, 1996, provided that the necessary Licence and Health and Fire approvals are obtained and that the fee be reduced from $20.00 to $1.00." -and- "That Kingsdale Participating Preschool Inc., 237 Wilson Avenue, Kitchener, Ontario, N2G 1C9, be granted permission to operate a refreshment stand, at their school in Kitchener, on May 4, 1996, inclusive, provided that the necessary Licence and Health and Fire approvals are obtained." -and- APRIL 29, 1996 COUNCIL MINUTES -161- CITY OF KITCHENER COUNCIL MINUTES APRIL 29, 1996 - 161- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES APRIL 29, 1996 - 161 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 5. Refreshment Stand Licences - (Cont'd) "That St. Peters Lutheran Church, Kitchener, be granted permission to hold a garage sale and operate a refreshment stand at 1248 Victoria Street North, Kitchener, on May 25, 1996, inclusive, provided that the necessary Licence and Health and Fire approvals are obtained." -and- "That the Forest Heights Community Recreation Association, 450 Westheights Drive, Kitchener, N2N 1M3, be granted permission to operate a refreshment stand in Westheights Park on May 20, 1996, inclusive, provided that the necessary Licence and Health and Fire approvals are obtained." 6. Charitable Refreshment Stand & Hawker & Pedlar Licences It was resolved: "That the Fellowship Christian School, 306 Erb Street, Waterloo, N2L 1W3, be granted permission to hold a Garage Sale and operate a Refreshment Stand at C.N. Weber Ltd., 675 Queen Street South, Kitchener, on Saturday, May 11, 1996, provided that the necessary licences are obtained." 7. Monte Carlo Events It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Canadian Mental Health Association to conduct a Monte Carlo event at the Turf Club Banquet Hall, 4278 King Street East, Kitchener, on April 25-27, 1996, inclusive, instead of April 14-16, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Canadian Mental Association to conduct a Monte Carlo event at the Turf Club, 4278 King Street East, Kitchener, on May 23-25, 1996, inclusive." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Elks Lodge #578, Box 1959, Kitchener, N2G 4R4, to conduct a Monte Carlo event at Golf's Steakhouse, 598-600 Lancaster Avenue West, Kitchener on June 4-6, 1996, inclusive." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the APRIL 29, 1996 COUNCIL MINUTES - 162- CITY OF KITCI:IENER COUNCIL MINUTES APRIL 29, 1996 - 162- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL Kitchener Minor Boys Soft Ball Association, PO Box 532, Station C, Kitchener, to conduct a Monte Carlo event at the K-W Granite Club, 60 Agnes Street, Kitchener on June 7-9, 1996 inclusive." -and- COUNCIL MINUTES APRIL 29, 1996 - 162 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 7. Monte Carlo Events (Cont'd) "That the City of Kitchener has no objection to a Provincial licence being issued to Ron Day's Kitchener Kicks, 11-300 Gage Avenue, Kitchener, to conduct a Monte Carlo event at the Holiday Inn, 30 Fairway Road South, on May 24-26, inclusive, provided that all proceeds are used for the children's programs." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Kitchener-Waterloo Skating Club, 99 Seagram Drive, Waterloo, to conduct a Monte Carlo event at the Moose Lodge, 655 Wabanaki Drive, Kitchener on May 31-June 1-2, 1996." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Canadian Mental Health Association to conduct a Monte Carlo event at the Turf Club Banquet Hall, 4278 King Street East, Kitchener, on June 27-29, 1996, inclusive." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Kiwanis Kavalier, PO Box 25010, Kitchener, to conduct a Monte Carlo event at the Edelweiss Tavern, 600 Doon Village Road, Kitchener, on June 14-16, 1996 inclusive." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Waterloo County Shrine Club Inc., 500 Bluestream Road, Waterloo, N2K 3B1, to conduct a Monte Carlo event at Golf's Steakhouse, 598-600 Lancaster Avenue West, Kitchener on May 21-23, 1996, inclusive." 8. Proof of Loss It was resolved: "That the Mayor and City Clerk be authorized to sign a Proof of Loss Statement in connection with an insurance damage claim for a City Transit vehicle in the net amount of $29,722.80." COUNCIL MINUTES APRIL 29, 1996 - 163- CITY OF KITCI:IENER COUNCIL MINUTES APRIL 29, 1996 - 163- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL 9. Tenders The tenders listed on the Committee of the Whole Agenda were dealt with under delegations. 10. Offer to Transfer Easements - VICTORIA PARK WARD It was resolved: "That the City of Kitchener accepts an offer from Bonnie Stuart Shoes Limited, 141 Whitney Place, Kitchener to sell to the City for $2,000.00 an Easement in perpetuity across its properties known as Part of Lot 297, Municipal Compiled Plan of Subdivision of Part Lot 17, German Company Tract including a temporary easement of approximately 60 square metres over adjoining land for construction purposes; and further, that the Mayor and Clerk are hereby authorized to execute all necessary documentation as required by the City Solicitor." COUNCIL MINUTES APRIL 29, 1996 - 163 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 11. Raffle Lottery The Committee considered a memorandum dated April 22, 1996 from Ms. J. Koppeser, Manager of Licensing. It was resolved: "That the City of Kitchener issue a Lottery Licence to the Friends of Joseph Schneider Haus to conduct a draw in the City of Kitchener from April 29, 1996 to December 31, 1996. 12. Medieval Faire The Committee was in receipt of a memorandum from Ms. J. Koppeser, Manager of Licensing, responding to a request from the K-W Society for Creative Anachronism to permit it to host a Medieval Faire in Victoria Park on May 11, 1996 and requesting reduction of the $500 fee per person selling to $1 for the entire event. It was resolved: "That the Manager of Licensing be authorized to issue a Specific Location Daily Sales Licence to the K-W Society for Creative Anachronism, relative to their Medieval Faire to be held in Victoria Park on May 11, 1996 at the reduced fee of $1 providing the necessary signatures and approvals are obtained." 13. Committee of Adjustment, Chapter 680 (Siqn) - CHICOPEE AND FAIRVIEW WARDS Committee of Adjustment Sign Submission No. S 8/95, John Schuller Enterprises Limited, was dealt with under delegations. It was resolved: COUNCIL MINUTES APRIL 29, 1996 - 164- CITY OF KITCI:IENER COUNCIL MINUTES APRIL 29, 1996 - 164- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of April 16, 1996, recommending approval of S 2/96 - Mac's Convenience Store Inc. - Be Ratified and Confirmed." 14. Monte Carlo Event It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Ontario 5 Pin Bowler's Association to conduct a Monte Carlo event at the Holiday Inn in Kitchener, on August 2-4, 1996, inclusive, provided that the proceeds are used for the funding of youth programs." 15. Request for Exemption - Municipal Code Chapter 450 (Noise) The Committee was in receipt of a memorandum dated April 24, 1996 from D. Snow, Director of Traffic & Parking, dealing with a request for exemption from noise provisions under Chapter 450 of the Municipal Code to facilitate reconstruction of Manitou Drive at Homer Watson Boulevard on May 11 and 12, 1996. Councillor T. Galloway advised that there were two other issues related to this request. The first was a concern that he had that Manitou Drive be closed to traffic for two continuous days and the impact of such closure. The second issue of concern which Councillor Galloway raised is described in a letter dated April 23, 1996 from Mr. G. MacDonald, Region of Waterloo. Councillor Galloway referred to C.N. Rail's lack of co- operation, delay and refusal to relocate existing rail crossing signals on Manitou Drive to accommodate pavement widening from four to six lanes. He noted that COUNCIL MINUTES APRIL 29, 1996 - 164 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 15. Request for Exemption - Municipal Code Chapter 450 (Noise) (Cont'd) as a result it is necessary for the Region to incur extra expense to build berms around the signals notwithstanding that the Region has completely indemnified C.N. Rail in respect to this matter. He indicated that when the project was completed, it was his expectation that a large number of complaints would be lodged respecting the existing signals. He noted that local Members of Parliament have been approached on this matter to seek their support in rectifying this problem with C.N. Rail. It was resolved: "That the Regional Municipality of Waterloo and its Contractor(s) be exempt from the provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6 Construction Work during reconstruction of Manitou Drive at Homer Watson Boulevard on Saturday, May 11 and Sunday, May 12, 1996." 16. Monster Binqo - Biq Brothers of K-W It was resolved: "That the City of Kitchener has no objection to a Provincial Licence being issued to the Big Brothers of Kitchener-Waterloo, 451 Ottawa Street South, Kitchener, N2M 3P6, for a Monster Bingo to be held in the Kiwanis Arena at the Kitchener Memorial Auditorium APRIL 29, 1996 COUNCIL MINUTES - 165- CITY OF KITCI:IENER COUNCIL MINUTES APRIL 29, 1996 - 165- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL Complex on October 14, 1996." 17. Monte Carlo Events - Aequitas Inc. It was resolved: "That the City of Kitchener has no objection to a Provincial Licence being issued to Aequitas Inc., 300 Frederick Street, Kitchener, N2H 2N5, to conduct a Monte Carlo event at the C.A.W. Union Hall (Local 1451), 600 Wabanaki Drive, Kitchener on July 4-6, 1996, inclusive." 18. Monte Carlo Events - Aequitas Inc. It was resolved: "That the City of Kitchener has no objection to a Provincial Licence being issued to Aequitas Inc., 300 Frederick Street, Kitchener, N2H 2N5, to conduct a Monte Carlo event at the C.A.W. Union Hall (Local 1451), 600 Wabanaki Drive, Kitchener on August 13-15, 1996, inclusive." 19. Applications for Cancellation, Refund, Reduction or Levy of Taxes It was resolved: "That the applications attached hereto and forming part of these minutes relative to cancellation, refund or levy of taxes be disposed of as recommended therein." 20. Encroachment Aqreement- 68 Pleasant Avenue It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner(s) of Lot 97 and part of Lot 98, Registered Plan 230, known as 68 Pleasant Avenue, to permit the erection of a wooden fence which will encroach 8", more or less, onto adjacent City owned parkland." COUNCIL MINUTES APRIL 29, 1996 - 165 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 21. Encroachment Aqreement- 180 Joseph Street It was resolved: "That, subject to the issuance of a sign permit, the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner(s) and tenant of Part 1 on Reference Plan 58R-6449, known as 180 Joseph Street, to permit the erection of a projecting sign which will encroach 4 1/2 feet, more or less, over the Joseph Street road allowance." 22. Encroachment Aqreement - Sol-Mar Restaurant Inc. - 323 Kinq Street West It was resolved: APRIL 29, 1996 COUNCIL MINUTES - 166- CITY OF KITCI:IENER COUNCIL MINUTES APRIL 29, 1996 - 166- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL "That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor with the owners/operators of Sol-Mar Restaurant Inc. to operate a hotdog cart in front of the restaurant located at 323 King Street West for the 1996 season." 23. Software Licence Aqreement - Electronic Surveillance Corporation It was resolved: "That the Mayor and Clerk be authorized to execute an Agreement with Electronic Surveillance Corporation for the acquisition of a software license for the incident reporting module of the records management system to be utilized by the Kitchener Fire Department." 24. Projectinq Siqn -Walper Pub The Committee was circulated with copies of pages 298 & 299 of Council's July 4, 1995 minutes dealing with approval of a request from the Walper Pub to erect a projecting sign on the Walper Hotel, 1 King Street West. Mr. J. Witmer advised that the specifications accompanying the drawings originally submitted make no reference to the fact that this sign which has already been installed is a swinging sign and that section 680.4.20(j) of the Municipal Code prohibits swinging signs. He advised that staff have no structural concerns in regard to the swinging sign and that L.A.C.A.C. has no concern. Accordingly, staff recommend approval of this additional variance. It was resolved: "That the resolution approved by City Council on July 4, 1995 respecting a projecting sign for the Walper Pub be amended so as to provide: 'That notwithstanding Chapter 680.4.20(j) of the City of Kitchener Municipal Code, the projecting sign for the 'Walper Pub', erected on the King Street elevation of the Walper Hotel (1 King Street West), shall be permitted to swing in accordance with the revised specifications submitted by Pride Signs Limited dated April 23, 1996."'