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HomeMy WebLinkAboutCouncil Minutes - 1996-06-17COUNCIL\1996-06-17 JUNE 17, 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 Cedarhills Community Choir under the direction of Sharon Bergen. Councillor M. Yantzi, on behalf of all members of Council, thanked the Choir and its director. On motion by Councillor M. Wagner, the minutes of the regular meeting held on June 3, 1996, and the special meeting held June 10, 1996, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED DIRECTLY TO FILE - (a) Letter from Elizabeth Witmer, M.P.P., Waterloo North, acknowledging receipt of City Council's resolution of June 3, 1996, regarding Municipal Liability Settlements. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation to answer any questions regarding the tenders listed on the Committee of the Whole agenda of this date. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Redman "That tender T96-7, Schneider Trunk Sanitary Sewer - Phase 5, Stage 4, be awarded to Steed and Evans Limited, Kitchener, Ontario at their corrected tender price of $2,040,234.25, plus G.S.T." - and - "That Expression of Interest E96-47, Consultant Services - King Street East Watermain Construction, be awarded to Proctor & Redfern Limited, Kitchener, subject to a satisfactory agreement being negotiated and an upset fee established. The estimated cost of the project is $17,750., plus G.S.T." Carried. Mr. T. McKay advised those in attendance that since 1990, Kitchener has participated in a technical exchange with the African city of Windhoek, Namibia, including such areas as Transit, Staff Training, Water Supply, Sewers and Planning. He stated that the Africa 2000 Program is now coming to an end, and introduced the last Namibian delegation; namely, Dr. Hetty Rose-Junius (Councillor); Mr. Shafimana Ueitele (Director of Properties and Protective Services); Mr. Pieter Hansmann (Deputy City Secretary) and Mr. Martin Shipanga (Deputy City Treasurer). Dr. Hetty Rose-Junius commented that beyond the practical benefits of the exchange program, there have been benefits in terms of human growth and developing relationships, and for these reasons she felt the exchange was worthwhile and successful. Councillor Rose-Junius, on behalf of the Mayor, Council and Staff of Windhoek, presented the City with a painting to commemorate the exchange program. Mayor R. Christy accepted on behalf of Council and thanked Councillor Rose-Junius for her kind expression of mutual respect, noting that Kitchener has likewise felt that the exchange was a valuable experience. Councillor J. Ziegler presented Mayor R. Christy with the "Comprehensive Energy Award" (in recognition of the City's Energy Management Program since 1980), and Councillor T. Galloway with the "Award of Merit, General Ecology-Canada Trust and Friends of the Environment" (in recognition of the City's involvement in the Huron Natural Park), and both accepted on behalf of City Council. Both awards were originally presented to Councillor Ziegler, who represented the City at the Annual Environmental Achievement Awards Dinner held on June 4 and sponsored by the Chamber of Commerce of Kitchener and Waterloo. Councillor M. Yantzi presented Mayor R. Christy with an "Award of Excellence" certificate and plaque from the Waterloo Regional Heritage Foundation in recognition of the reconstruction and restoration of the old City Hall clock tower, and he accepted on behalf of Council and the citizens of Kitchener. Awards of Merit and Certificates of Service were presented to individuals who have served on Special Committees, Boards and Commissions under the jurisdiction of City Council. On behalf of Council, Mayor JUNE 17, 1996 COUNCIL MINUTES - ~57- CITY OF KITCHENER R. Christy, Councillors M. Yantzi, M. Wagner, K. Redman, G. Lorentz, T. Galloway and B. Vrbanovic thanked the recipients for their contributions and presented Awards of Merit and Certificates of Service to the following, the majority of whom were in attendance this date: Awards of Merit John H. Enns Tito Guglielmi John Griggs Peter Bufe Patricia Wagner Certificates of Service Nicole Fougere (accepted by Anne Fougere) Martha George Petrusaitis) Lynn Matthews Wayne Hussey Richard Lewchuk Maureen Sawa Sheila Marie Biers Rev. Neil Carver (accepted by Judy Winter) Ken Clark Birgit Heilig Tony Kerr Lisa DeLeon Vern Tarbutt Cam Costley (accepted by Philip Brown Florence Carbray Don Johnny Craig Windley James Kay (accepted by John Kay) Kelly Anne Kempel Wendy Matchett Ken Meinzinger Rajiv Anjaria Susan Oxford Lisa Mr. Lloyd Robertson, President, Rotary Club of Kitchener-Westmount, presented two cheques to the City, the first in the amount of $25,000 toward new playground equipment in Victoria Park, which is also designed to accommodate physically challenged users. The second cheque, in the amount of $26,000 is to be used toward the purchase of defibrillator units for the Fire Department. Mayor R. Christy accepted the contributions on behalf of Council, and thanked the Rotary Club for their generous donations. Mr. Michael Carty, Chairman, Arts & Culture Advisory Committee, appeared in regard to the recently developed Cultural Strategic Plan. Mr. Carty thanked Mr. Mike Price, Ms. Astrid Braun and independent Arts/Culture Consultant Donna Cardinal for their assistance. With the help of a mime, Mr. Carty presented copies of the Cultural Strategic Plan to members of Council. He noted that a significant amount of volunteer time had gone into the preparation of the Plan. He also noted that the first meeting of the "Berlin Circle" involving local artists attracted approximately 100 people. A number of special presentations were made to individual members of Council; namely, a mock invoice for $45,000 representing half of the current rate for Arts Consultants; an invitation to the next meeting of the Berlin Circle which meets every Thursday at 8:30 p.m.; a cheque from the Mutual Group in the amount of $2,500 representing a donation toward the stipend for the City's artist-in-residence, Carol Bradley; and an invitation to the Art Works Festival for Visual Arts to be held September 14 and 15, 1996. Councillor John Smola in turn presented the $2,500 cheque from the Mutual Group to Isabella Stefanescu who accepted on behalf of the Public Art Committee. Mr. Carty asked that the recommendations contained in the Cultural Strategic Plan be considered at the Community Services Committee meeting on June 24, 1996 at which time members of the Arts & Cultural Advisory Committee will attend to answer any questions. Mr. Carty thanked Council for their support to date and Councillors M. Wagner and B. Vrbanovic thanked Mr. Carty and the members of this Committee for their contribution. Leanne Agnew and Chrissy Josic, Co-Presidents, appeared on behalf of the Mayor's Advisory Council on Youth. Ms. Josic thanked the Mayor for the opportunity to participate and read the mandate of the Advisory Council. Ms. Agnew outlined the activities of the Advisory Council to date, including a proposed Youth Recognition Award. She also extended an invitation to Council and Community Groups to contact the Advisory Council concerning their involvement in any initiatives of interest to youth. A representative of the Beth Jacob Synagogue was registered as a delegation this date concerning clause 2 of the Planning and Economic Development Committee report, but did not attend. JUNE 17, 1996 COUNCIL MINUTES - 258- CITY OF KITCHENER Mr. Art Morscher appeared on behalf of the Kiwanis Club of the Twin Cities, and Councillor B. Vrbanovic advised that plans are underway to ensure that Kiwanis Park remains open beginning this summer. Council was in receipt of a report and recommendations from J. Shivas dated June 17, 1996 concerning Kiwanis Park; particularly, a lease from the Grand River Conservation Authority, and an operating agreement with the Kiwanis Club of the Twin Cities. The report notes that the Conservation Authority has been unable to convey title to the Park to the City with the necessary approval of the Ministry of Natural Resources. Pending completion of this exercise, it is recommended that the City lease the land from the Conservation Authority in order to open the Park this summer. Mr. Morscher extended thanks to Councillor B. Vrbanovic and Parks & Recreation Department staff; particularly, T. Clancy and P. Beaudry. He advised that the Kiwanis Club anticipates being able to rebuild and improve the pool, as well as replace the related mechanical apparatus for a total of less than $65,000, a sum significantly less than the amount previously reported. He added that it is hoped the pool will be open by July 1, 1996. Mr. Morscher pointed out that all the work required cannot be done in 1996 with the $40,000 amount contributed by the Kiwanis Club and asked that Council consider advancing funds to a maximum of $25,000 for a one-year period to offset the difference. Mr. Morscher advised that he is reluctantly approaching Council for financial assistance; however, the City's help is needed in the short term. Councillor B. Vrbanovic thanked Mr. Morscher and the Kiwanis Club members for their contribution to the community, and referred to the recommendations in the report of J. Shivas, City Solicitor. Moved by Councillor B. Vrbanovic seconded by Councillor G. Lorentz "That the Mayor and Clerk be authorized to execute an agreement dated May 1, 1996 to lease Kiwanis Park from the Grand River Conservation Authority for $1.00 for a term of one year, pending transfer of the Park to the City, subject to the approval of the Minister of Natural Resources, and, That the Mayor and Clerk be authorized to execute an agreement, to the satisfaction of the City Solicitor, with the Kiwanis Club of the Twin Cities to redevelop and open Kiwanis Park for the 1996 season, and further, That as regards proposed improvements to the pool, the City advance the sum of $25,000 to the Kiwanis Club of the Twin Cities for a term of one year in the form of an interest-free loan." Carried. Heinz and Petra Karrenbrock appeared concerning various problems related to a health care clinic at 530 King Street East. Mr. Karrenbrock expressed his dissatisfaction that he has not heard from the Mayor concerning his May 23, 1996 request for a meeting concerning the subject property. Mrs. Karrenbrock complained that the medical clinic is operating with only 20 parking spaces where 61 are needed, and that the volume of traffic is generating exhaust fumes which are having an impact on her health. Mr. Karrenbrock circulated background material to Council. Mr. McCabe advised that Dr. Peevers has purchased the subject property and is converting a portion of it to medical offices. He pointed out that the owner has only applied for a partial building permit and has complied with all City requirements in this regard. Mr. McCabe pointed out that the Committee of Adjustment had previously denied the owner's application to convert the entire building to a health clinic, and stressed that the work referred to by Mrs. Karrenbrock is affecting part of, and not the entire building. He further noted that the new owner is planning to demolish an adjacent building to facilitate development and suggested that the Karrenbrocks appear as a delegation at the June 24, 1996 Planning and Economic Development Committee meeting where the matter will be discussed further. Councillor K. Redman indicated to the Karrenbrocks that she is keeping the Mayor informed of the situation. Mrs. Karrenbrock replied that she has called City Hall on numerous occasions to complain of the noise and fumes, and to date nothing has been done. Councillor Redman indicated her willingness to sit down with the Karrenbrocks and staff to resolve these concerns, noting that the changes being made are allowed under the current zoning by-law, but that development should not take place without the necessary parking. Mayor R. Christy invited the Karrenbrocks to attend the June 24 Planning and Economic Development Committee meeting at 3:30 p.m. to address these concerns. He pointed out that JUNE 17, 1996 COUNCIL MINUTES - 259- CITY OF KITCHENER at that time, Council will have all the needed information before them in the form of a staff report. He asked that the Planning and Development Department staff send a letter to the Karrenbrocks informing them of the meeting and providing them with a copy of the staff report. Councillor Redman requested that the Karrenbrocks submit a written list of their concerns for the June 24 meeting. Ms. Kimberly Evans and Ms. Theresa McClenaghan appeared in their capacities as Solicitors for Mr. & Mrs. Yasui the owners of 67 Ralgreen Crescent who have filed a complaint concerning the presence of methane gas in the vicinity of their residence. Ms. Evans circulated an information package to members of Council containing various items of correspondence and background information relating to the alleged presence of methane gas in the vicinity of Ralgreen Crescent. Ms. Evans also referred to the Press Release sent out by the City dated June 17, 1996 advising that it is undertaking a methane survey in the area of Ralgreen Crescent and requesting the co-operation of all area residents. The Press Release advises that preliminary testing has been conducted, and no combustible levels of gas have been detected within the buildings tested. Ms. Evans reviewed the document entitled "Background Facts" which was circulated this date, noting that the Yasui's purchased their home in 1994 with no knowledge of any history of site problems. She referred to a 1995 incident involving the detection of foul odours from the vicinity of the sump pump, and an investigation by Mr. Yasui in which he learned that his property is located on a former landfill site. She also indicated that the site does not appear on the Ministry of Environment & Energy's catalogue of landfill sites. Ms. Evans also noted that the property was the site of an explosion in August of 1969, after which the City retained Heath Consultants to conduct an investigation which she suggested linked the cause to methane gas. Ms. Evans advised that the owner is concerned over the welfare of his family and has hired an independent consultant to review the situation and ensure that the property is safe. She noted that on June 4, 1996 a meeting took place with representatives of the Ministry of the Environment & Energy and City Solicitors at which time an investigation by the City was requested, and the municipality was asked to provide alternate accommodation. Ms. Evans read from a June 4, 1996 letter to the City from England Naylor Engineering Limited, advising of potentially hazardous methane conditions within their investigation area. Ms. Evans stressed that her reason for appearing before Council is to ensure that her clients' safety is being properly addressed and to request that the City compensate Mr. & Mrs. Yasui for the cost of alternate accommodation while the safety of their home is being investigated, and reimburse them for any other expenses incurred in researching the issue and assembling sufficient detail to enable the City and the Ministry to act. In this regard, Ms. Evans submitted a list of expenditures to date, and pointed out that reimbursement is being requested on a without prejudice basis. Ms. L. MacDonald outlined the actions taken by the City concerning the complaint, noting that staff have attended on site, and met with the owners, their Solicitor and the Ministry in an attempt to uncover facts about past use of the site. In addition, Heath Consultants have been retained to conduct a survey, and as a result of initial testing done last week, there appears to be no levels of combustible gas in any of the houses tested. Mr. J. Witmer added that staff visited the neighbourhood this date and informed affected residents of the methane concerns. He added that the consultant has inspected 25 homes to date, 20 of which yielded no methane readings whatever, and where evidence of methane was found, the levels were extremely small. Mr. Witmer advised that an analysis of the data collected is underway and the inspection will be concluded tomorrow along with the exterior surveys. Councillor K. Redman questioned how affected residents could access the information collected, and Mr. J. Witmer replied that the consultant is prepared to answer any questions residents may have. Councillor G. Lorentz questioned whether the consultant would investigate the passive venting system presently in place in the area, and Mr. Witmer replied in the affirmative, noting that they will ensure it is working properly. Ms. Evans enquired as to the City's response to the request for reimbursement, and Mayor R. Christy replied that the City will deal with the request once all reports are submitted. Dr. R. Williams, University of Waterloo, was in attendance concerning clause 8 of the Finance and Administration Committee report of this date which deals with a proposed revision of the City's 10 Ward System. Moved by Councillor J. Ziegler JUNE 17, 1996 COUNCIL MINUTES - ~60- CITY OF KITCHENER Seconded by Councillor M. Wagner "That clause 8 of the Finance and Administration Committee report of this date be adopted." Council was in receipt this date of correspondence from the Ontario Municipal Board dated May 31, 1996 outlining the deadlines relative to redividing the municipality into Wards in time for the 1997 municipal election. Mr. R.W. Pritchard referred to the letter and pointed out that the deadline for application to the Board is September 1, 1996. Councillor J. Ziegler put forward a motion, seconded by Councillor M. Wagner, to amend clause 8 of the Finance and Administration Committee report of this date to make provision for an August 6, 1996 pubic meeting to obtain input on the proposed Ward boundary realignment, as well as to consider potential Ward name changes. Councillor K. Redman questioned how Councils had chosen the Ward names in the past, and Mr. R.W. Pritchard replied that during the first election after the reconfiguration of Wards, only Ward numbers were used and the names were assigned at a later date. He advised that staff submitted possible names, which were subsequently accepted by Council. Councillor B. Vrbanovic suggested a minor amendment to the proposed 10 Ward configuration wherein the boundary between the proposed Wards 1 and 5 would be formed entirely by Ottawa and King Streets, and Councillor J. Ziegler accepted the suggestion of Councillor Vrbanovic as a friendly amendment to the amending motion. Council then voted on the following amending motion. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner "That clause 8 of the Finance and Administration Committee report of this date be amended to make provision for an August 6, 1996 special Council meeting to obtain input on the proposed 10 Ward reconfiguration, to consider the possible renaming of Wards, and to direct the City Clerk to circulate appropriate background information to the public and neighbourhood associations." Carried. The amended motion to adopt clause 8 of the Finance and Administration Committee report of this date was then voted on and Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee of Council of this date be adopted." 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 T. Galloway Seconded by Councillor Jake Smola "That the report of the Environmental Committee of Council of this date be adopted." Carried. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner JUNE 17, 1996 COUNCIL MINUTES - ~61- CITY OF KITCHENER "That the report of the Finance and Administration Committee of this date be adopted." In regard to clause 2, Councillor J. Ziegler requested a rewording to reflect that Council approval for the hiring of consultants would be required where the anticipated fee is in excess of $5,000. Councillor M. Wagner, who had put forward the original Committee motion, indicated that the change is acceptable. In regard to clause 7 relating to financial assistance for the redevelopment of properties in the Downtown, Councillor T. Galloway advised that both the Waterloo County Board of Education and the Region of Waterloo are looking at the proposal. He pointed out that if accepted by all three taxing bodies, the incentive will increase significantly. Councillor M. Wagner thanked Council for allowing the proposed financial assistance program to be dealt with expeditiously, and pointed out that this is only one of many recommendations arising from the Adaptive Re-use Committee. The report was then put to a vote. Voted on clause by clause. Clause 2 - Carried, As Amended. Clause 8 - Dealt with under delegations and Carried, As Amended. Balance of Report - Carried. Moved by Councillor M. Wagner Seconded by Councillor J. Ziegler That the report of the Local Architectural Conservation Advisory Committee (May 10, 1996) be adopted. Councillor M. Wagner spoke in support of the motion to adopt the Victoria Park Area Heritage Conservation District Plan, and complimented the author, Mr. Nicholas Hill, on his efforts. The report was then put to a vote and Carried. Moved by Councillor M. Wagner Seconded by Councillor J. Ziegler "That the report of the Local Architectural Conservation Advisory Committee (June 14, 1996) be adopted." In regard to clause 1 dealing with the installation of a three-way stop at the intersection of Tilt Drive and Doon Village Road, Councillor G. Lorentz suggested that this item should have gone to the Public Works & Transportation Committee, and questioned who would pay for the installation and why the request has come forward at this time. Councillor J. Ziegler suggested that the recommendation be referred to the Public Works & Transportation Committee for further discussion and a staff report. Councillor T. Galloway advised that the Doon Heritage Conservation District Plan requires traffic controls to be maintained in a rural condition, and the recommendation relates to complying with this policy as endorsed by Council and the Ontario Municipal Board. The report was then voted on clause by clause. Clause 1 - Action deferred and referred to the June 24, 1996 meeting of the Public Works and Transportation Committee pending further discussion and a staff report. 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." Carried. COUNCIL MINUTES JUNE 17, 1996 - ~6~ - CITY OF KITCHENER Councillor G. Lorentz referred to a June 26 purchase of lands for the new Community Centre and Fire Hall in his Ward, and advised of a community event to be held between 5 and 7 p.m. He encouraged all members of Council to attend, noting that the official part of the event will take place at 6 p.m. Councillor Lorentz also thanked Zehrs for their donation of approximately $250,000 toward purchase of the land. Councillor T. Galloway referred to the recent tragic fire at 268 The Country Way. He also referred to the speed dial technology previously referred to by Fire Chief Hancock, and asked for his comments. Chief Hancock indicated that he is preparing a report in conjunction with the Planning and Development Department on a general alarm monitoring service which could allow the City to automate response by transmitting data to the Fire Department and thereby reducing response times. He stated that the report will be tabled with the Community Services Committee in August. In regard to the fire itself, Councillor T. Galloway indicated that the Kitchener Fire Department had responded in good time, but due to the severity of the incident, Council may be interested in asking the Coroner to conduct an enquiry to identify how a recurrence of such fatalities could be prevented. Fire Chief Hancock advised that the Coroner is looking into the possibility of an inquest, and referred to the need for smoke alarms and child-proof lighters. He suggested that if there is something to be learned from the tragedy, the City should support an inquest. Councillor G. Lorentz stated that the City should uncover any and all useful information to prevent any such future tragedies. Moved by Councillor T. Galloway Seconded by Councillor J. Ziegler "That the City of Kitchener be on record as supporting an inquest into the June 11, 1996 fire fatalities at 268 The Country Way, Kitchener, in the interests of preventing any recurrence." Carried unanimously. Councillor C. Weylie advised that she recently represented the City at Truckfest, whose organizers indicated they were pleased with both the facility and the staff assistance. She thanked Mr. Pratt for co- ordinating the event. Councillor M. Wagner referred to the June 5, 1996 minutes of the Twin Cities Committee and noted three major Committee initiatives: restructuring of the Committee with an increase in the number of Council and citizen representatives; agreement that neither municipality should take action on issues of common concern without first advising the other municipality; and, agreement on being more proactive in responding to issues of mutual concern. He pointed out that these and other issues will be the subject of discussion at the upcoming Twin Cities Dinner. Councillor J. Ziegler referred to his June 17, 1996 letter concerning the June 23 Sunnyside Home Seniors Residence Picnic and their request for assistance in funding the rental of two tents to provide shade in place of a willow tree which was recently removed. Councillor Ziegler suggested that this item could be put on the June 24, 1996 agenda of the Community Services Committee for favourable consideration after the event. Councillor G. Lorentz suggested that the item be put on the agenda of a Regional Committee, as the facility is the responsibility of the Region of Waterloo. Councillor Ziegler indicated that he would ask the Region for consideration in this regard, and Councillor Lorentz further suggested that if the Region is unwilling to accommodate, the request should be brought back to the City for consideration. Councillor Jake Smola referred to a recent explosion on Misty Crescent and notified that he had received complaints on the perceived lengthy response time of the Kitchener Fire Department. He further advised that he spoke with the Region of Waterloo concerning construction of the Ottawa Street Extension, and that this project is scheduled in the Capital Budget for 1997. Councillor Jake Smola stressed the need for a fire station in this area of the City, and also suggested that system expansion for the Ottawa Street Extension must be a priority. Fire Chief Hancock agreed that construction of the Extension would assist in response times and that he would like to see the project advanced as soon as possible. Councillor Jake Smola thanked all City staff for their professional response and reaction as regards the Misty Crescent incident. Councillor Jake Smola suggested that need for a City conflict of interest policy applying to management staff, noting that politicians are already subject to such legislation. Councillor Jake Smola put forward a motion, seconded by Councillor J. Ziegler, that a Council/Staff Committee develop a conflict of interest policy which would apply to the City's management staff. JUNE 17, 1996 COUNCIL MINUTES - 263- CITY OF KITCHENER Speaking in favour of the motion, Councillor Ziegler pointed out that at present the financial interests of staff are unknown, and suggested investigation of a similar policy in other municipalities. Council then considered the following amending motion. Moved by Councillor Jake Smola Seconded by Councillor J. Ziegler "That staff contact the Association of Municipalities of Ontario and canvas other municipalities having a conflict of interest policy and provide either an update or a report at the September 9, 1996 meeting of the Finance and Administration Committee." Carried. Mayor R. Christy advised that Councillor T. Galloway, staff and funeral directors in the municipality, recently met to discuss the proposed Williamsburg Chapel and Crematorium and that the outcome was satisfactory. Mayor Christy also noted that he will be out-of-town June 25 & 26 to attend a Canadian Water Resources Conference in Quebec City. He also advised that while travelling to the conference, he plans to make a stop in Montreal to follow up on a recommendation of the Downtown Development Team concerning potential retailers. Mayor Christy also informed Council that as part of the recent meeting of the Federation of Canadian Municipalities, a representative of the Federal Government encouraged municipalities to build bridges between Quebec and the rest of Canada, and it was noted that there have recently been 50 new Quebec memberships in FCM. Councillor K. Redman advised that a skateboarding report will be considered at the August 6, 1996 meeting of the Community Services Committee. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Redman "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to close and sell part of an unnamed public lane running westerly from Moore Avenue between Louisa and Wellington Streets in the City of Kitchener (b) Being a by-law to exempt certain lots from Part Lot Control - Lots 4, 7, 8 & 14, Registered Plan 1799 - Briarfield Street (c) Being a by-law to exempt certain lots from Part Lot Control - Lot 13, Registered Plan 1805 - Bankside Drive (d) Being a by-law to exempt certain lots from Part Lot Control - Lot 41, 42, 43, 44 & 45, Blocks 48, 49, 57, 58 & 67, Registered Plan 1826; and Blocks 57, 58, 59 & 63, Registered Plan 1829 - Keewatin Avenue and Stanmore Avenue (e) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (f) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (g) Being a by-law to provide for the establishing and laying out of part of Erinbrook Drive as a public highway in the City of Kitchener (h) Being a by-law to designate a Heritage Conservation District, and to adopt a Heritage Conservation District Plan for the area of the municipality known as Victoria Park (i) Being a by-law to authorize the carrying out of the provisions of Chapter 650 of the Municipal Code with respect to Part of Lots 6 & 7, Andreas Schmidt's Survey, Plan 392, City of Kitchener Regional Municipality of Waterloo, known as 151 Lancaster Street East, Kitchener (j) To confirm all actions and proceedings of the Council JUNE 17, 1996 COUNCIL MINUTES - ~64 - CITY OF KITCHENER and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor R. Christy appointed Councillor M. Wagner as Chair. On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. 10. Moved by Councillor M. Wagner Seconded by Councillor J. Ziegler "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 B. Vrbanovic Seconded by Councillor K. Redman "That the by-laws listed on the agenda for third reading, namely: (a) Carried. Being a by-law to exempt certain lots from Part Lot Control - Lots 4, 7, 8 & 14, Registered Plan 1799 - Briarfield Street (By-law No. 96-85) (b) (c) (d) (e) (f) (g) (h) Being a by-law to exempt certain lots from Part Lot Control - Lot 13, Registered Plan 1805 - Bankside Drive (By-law No. 96-86) Being a by-law to exempt certain lots from Part Lot Control - Lot 41, 42, 43, 44 & 45, Blocks 48, 49, 57, 58 & 67, Registered Plan 1826; and Blocks 57, 58, 59 & 63, Registered Plan 1829 - Keewatin Avenue and Stanmore Avenue (By-law No. 96-87) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (By-law No. 96-88) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (By-law No. 96-89) Being a by-law to provide for the establishing and laying out of part of Erinbrook Drive as a public highway in the City of Kitchener (By-law No. 96-90) Being a by-law to designate a Heritage Conservation District, and to adopt a Heritage Conservation District Plan for the area of the municipality known as Victoria Park (By-law No. 96-91) Being a by-law to authorize the carrying out of the provisions of Chapter 650 of the Municipal Code with respect to Part of Lots 6 & 7, Andreas Schmidt's Survey, Plan 392, JUNE 17, 1996 COUNCIL MINUTES - 265- CITY OF KITCHENER City of Kitchener Regional Municipality of Waterloo, known as 151 Kitchener (i) To confirm all actions and proceedings of the Council Lancaster Street East, (By-law No. 96-92) (By-law No. 96-93) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned. Carried. MAYOR CLERK PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - That staff be directed to pursue an economic alliance with the City of Karlsruhe in the Baden- Wurttemberg State in Germany, and further, That staff of the Economic Development Division be requested to quickly develop a marketing plan to penetrate the German investment market. 2. a) That City Council approve Municipal Plan Amendment Application 96/1/S/PMB (Courtland- Sterling Investments Ltd. 248 Stirling Avenue South), being an amendment to the Municipal Plan to: i) Amend the Mill Courtland-Woodside Park Neighbourhood Secondary Plan, Part 3, Section 13.4 by adding Special Policy 13.4.4.15 as follows: "Notwithstanding the Neighbourhood Commercial designation which applies to the property at 248 Stirling Avenue South, commercial recreation shall also be permitted." ii) Amend Map 12, to identify 248 Stirling Avenue South as a Special Policy Area as shown on the attached Schedule "A". It is the opinion of this Committee that approval of this Amendment to the Municipal Plan is proper planning for the City. b) That Zone Change Application ZC 96/7/S/PMB (Courtland-Sterling Investments Ltd.), adding special use provision 218 to the lands located at 248 Stirling Avenue South zoned Neighbourhood Commercial Zone (C-2) and Existing Use Zone (E-l) be approved in the form shown in the attached "Proposed By-law", dated April 17, 1996. It is the opinion of this Committee that approval of this Application is proper planning for the City and is in conformity with an Amendment to the City's Municipal Plan. That subject to the condition that the Option can not be assigned by the Purchaser, the City enter into an Option Agreement dated the 28th day of March, 1996, with elocab Sonderkabel GmbH & Co. KG for land in Phase 2 of the Huron Business Park, being composed of Part of Lot 16, Registrar's Compiled Plan 1471 shown as Parts 1, 3, and 4 on Reference Plan 58R-6949 and consisting of approximately 4.5 acres, for a total purchase price of $360,000.00 calculated at the rate of $80,000/acre, of which $22,500.00 is a non refundable deposit. The Mayor and Clerk are hereby authorized to execute any other necessary documentation required by the City Solicitor. That Council receive Planning and Development Staff Report PD 96/45 on condominium conversion and market impact for information, and further, That Council direct Staff to continue to take a permissive stance to the conversion of rental townhouses to condominium and to the conversion of rental apartments to condominium, and further, That staff prepare an update report for review by the Planning and Economic Development Committee by 1996 year end. COMMUNITY SERVICES COMMITTEE - That the City of Kitchener support "Skate Canada '96" scheduled for November 7 - 10, 1996, and further, That the City acquire a Platinum sponsorship by providing a grant not to exceed $6,000.00 to co- JUNE 17, 1996 COUNCIL MINUTES - ~67- CITY OF KITCHENER COUNCIL MINUTES JUNE17, 1996 - ~67- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL host the opening reception in conjunction with the City of Waterloo, place event banners in the downtown core and provide City buses for internal transportation. ENVIRONMENTAL COMMITTEE - 1. 1) That Planning and Economic Development Committee take no action with respect to further regulating the location of hazardous waste management facilities through the Comprehensive Zoning By-law. 2) That Planning and Economic Development Committee adopt the following specific guidelines setting out the City's objectives for locating new hazardous waste management facilities, with such guidelines to be used by staff when providing comments to the Ministry of Environment and Energy on applications for Certificates of Approval for hazardous waste management facilities: i) The separation distance between new hazardous waste management facilities and existing or planned residential areas shall be maximized where possible and practical. ii) Concentrations of hazardous waste management facilities which would substantially increase the amount of hazardous waste vehicle traffic within or adjacent to existing or planned residential areas shall be avoided; iii) Transport vehicles travelling to and from a proposed hazardous waste management facility shall be restricted to using routes which provide the most direct access to the provincial highway system but avoid using roads with front lotted residential development; iv) That the appropriate Ward Councillor be immediately advised of all applications for Certificates of Approval for hazardous waste management facilities; and v) That all applications for Certificates of Approval be brought to Planning and Economic Development Committee for information as soon as possible after the M.O.E.E. request for municipal comments." 3) That the Ministry of Environment and Energy be requested to accept involvement by the Kitchener Fire Department (KFD) as part of its Certificate Approval process for hazardous waste management facilities on the understanding that at all times the KFD is not assuming MEE responsibilities and involvement of the KFD is in no way assuming the responsibility of the Certificate of Approval process but is simply accessory to the MEE carrying out its responsibilities and that the MEE authorize the KFD in the discretion of the KFD or upon the request from time to time of the KFD to: i) co-inspect such hazardous waste management facilities with MEE staff, ii) inspect such facilities on a regular basis as a supplement to MEE inspection with any identified unresolved problems being conveyed to the MEE. That the Region of Waterloo be requested to develop a program to divert construction material from the Regional Landfill and to consider establishing a procedure that would allow residents to bring construction material to the Region Landfill for it to divert from the landfill, whereas businesses in co-operation with the Region develop a diversion approach suitable to business users. FINANCE AND ADMINISTRATION COMMITTEE - 1. That further consideration of the proposed repeal of Chapter 682 (Signs and Posters on Hydro Poles) and revisions to Chapter 680 (Signs), be deferred to a Caucus meeting of City Council to JUNE 17, 1996 COUNCIL MINUTES - ~68- CITY OF KITCHENER COUNCIL MINUTES JUNE17, 1996 - 268- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL be held on June 24, 1996 in order to obtain a further legal opinion and a response from staff regarding a means of removing posters from City street allowances immediately after their installation. That Policy 1-160 (Consultant Selection) be amended so as to require Council approval of a consultant selection where the estimated fee (including disbursements) is in excess of $5,000. (As Amended) That staff provide Council with an annual list of tenders let for consultant services which lists who is chosen, the tendered amount, and whether the consultant resides within or outside of the Region of Waterloo. That no action be taken on the request of the potential owners of 22 Courtland Avenue West to either exempt this property from the Development Charge By-law or to give a grant to the owner equivalent to the development charges, and further, That Council agree to a deferral of development charges for Drewlo Holdings required to be paid on the date a building permit is issued subject to the following: a) that such payment deferral be for a maximum period of one (1) year from the date of issuance of the building permit to which the development charge applies; b) that interest at the rate of prime plus one (1) percent be applied to the outstanding development charge calculated from the date of the issuance of the building permit to the date the charge is paid; c) that the owner of the lands to which the development charge applies shall enter into an agreement with the City, to be registered on title, prior to the issuance of the building permit, which agreement shall include the matters set out in Conditions (a) and (b) above. That the vacant land described as part of Lot 17, Registered Plan 80, located on Joseph Street in Kitchener, be declared surplus to the City's needs, and, That the vacant land described as part of Lot 486, Plan 262, located at Borden and Ottawa Streets in Kitchener, be declared surplus to the City's needs, and further, That the City's Land Purchasing Officer be directed to negotiate agreements of purchase and sale with the abutting land owners of each parcel, and to present all agreements to Council for acceptance. That no action be taken on the request of The Waterloo County Board of Education to waive the Public Hall License fees for Board facilities, and further, That staff be directed to list this item for discussion at the next meeting between the City of Kitchener and the Board of Education scheduled for June, 1996. That we approve, in principle, a financial assistance program for owners of unused industrial buildings in the downtown redevelopment area who redevelop their property, with the assistance to be equal to 50% of the increase in the City of Kitchener portion of their property taxes; which will be the difference between the existing property taxes and those taxes for the fully redeveloped property, for 3 years. FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) COUNCIL MINUTES JUNE 17, 1996 - ~69- CITY OF KITCHENER COUNCIL MINUTES JUNE 17, 1996 - ~69- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That Council adopt a revised ten Ward configuration based on Scenario #2 as appended to the report of R. W. Pritchard, dated May 30, 1996, subject to the boundary between the proposed Wards 1 and 5 being formed entirely by Ottawa and King Streets and, That in the event subsequent changes are made by the Regional Municipality of Waterloo which have an impact on the above decision, the City's position can be changed or otherwise modified through a simple majority of Council members voting in favour rather than the Notice of Motion procedure outlined in Chapter 25 (Council Procedure) of the Municipal Code, and further, That a special meeting of City Council be held on the evening of August 6, 1996 for the purpose of obtaining public input on the proposed reconfiguration of the City's 10 Ward System, and also to obtain input and to consider the possible renaming of the Wards, with the City Clerk to advise the neighbourhood associations and the general public of the proposed Ward reconfiguration. (Dealt with under delegations and Carried, as amended) LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE - That, the Victoria Park Area Heritage Conservation District Plan, as prepared by Nicholas Hill, Architect Planner, dated May 1996 (as amended), be adopted and constitute Council's policy with respect to the conservation of the Victoria Park area. LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE (JUNE 14, 1996) - That a 3 way stop be installed at the intersection of Tilt Drive and Doon Village Road, on a temporary basis, until such time as the diversion is installed, in accordance with the policies contained in the Upper Doon Heritage Conservation District Plan; and further That the Uniform Traffic By-law be amended accordingly. (Action deferred and referred to the June 24, 1996 meeting of the Public Works & Transportation Committee pending further discussion and a staff report) That, pursuant to Section 34 of the Ontario Heritage Act, R.S.O. 1990, we refuse the request of the owner to demolish the designated property known municipally as 133 Graber Place (Harvey Graber Transformer Station). PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That parking be prohibited on the west side of Queen's Boulevard from Spadina Road to Rex Drive, and further, That the Uniform Traffic By-law be amended accordingly. That the contract for street light cleaning and group relamping in Area Nos. 3 and 4 of the City be awarded to the Iow bidder, Langley Utilities Limited of Bowmanville. COUNCIL MINUTES JUNE 17, 1996 - 270 - CITY OF KITCHENER COMMITTEE OF THE WHOLE BY-LAWS AS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Enqineerinq Aqreement It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Progressive Engineering Limited, regarding Glasgow Heights Subdivision, Draft Plan 30T-88042." 2. 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 July 26-28, 1996, inclusive." -and- "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 Howard Johnson Hotel, 1333 Weber Street East, Kitchener, on July 19-21, 1996, inclusive, provided that all proceeds are used for the children's programs." -and- "That the Kitchener 27th Scout Group be granted permission to operate refreshment stands at the Food Basics stores on Highland Road West and Ottawa Street North, Kitchener, on June 15, 1996, provided that the necessary Licence and Health and Fire approvals are obtained and further that the nominal fee of $1.00 be charged per location." -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 Golf's Steakhouse, 598 Lancaster Street West, Kitchener, on July 16-18, 1996, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Canadian Mental Health Association to conduct a Monte Carlo event at the Turf Club Banquet Hall, 4278 King Street East, Kitchener, on July 25-27, 1996, inclusive." -and- "That the Manager of Licensing be authorized to issue Ice Cream Vehicle Driver's Licences to Christopher Van Der Aa, Kelly J. Vollmer and Andrew Lamley as per their applications dated June 3, 1996." COUNCIL MINUTES JUNE 17, 1996 - 271 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 3. Lease - CENTRE WARD It was resolved: "That the Mayor and Clerk be authorized to sign a lease with Kado International Inc. relating to the former Words Worth Bookstore space at Kitchener City Hall and which lease will be for a five year term with the tenant's option to renew the lease for a further 5 year term." 4. City of Kitchener Municipal Code (Chapter 170) It was resolved: "That Council hereby waives the requirement under Chapter 170 of The City of Kitchener Municipal Code to call for expressions of interest for the purpose of retaining a consultant and hereby authorizes staff to retain the service of Heath Consultants Limited to conduct a survey in the City of Kitchener." 5. City Purchase - WEST WARD It was resolved: "That the City of Kitchener accepts the offer from Roy Sepaul to sell to the City, for $35,000.00 plus survey and legal costs, part of his property known as 984 Highland Road West, legally described as Part of Lot 35, German Company Tract designated as Parts 8 and 9, Plan 58R-10060. This offer also includes a construction easement and permission to place fill on the Vendor's retained property. The Vendor also obtains a first right of refusal to purchase abutting land designated as Parts 4 and 11, Plan 58R-10060 if the land is acquired by the City and resold. Further, that the Mayor and Clerk are hereby authorized to execute any documents related to this matter as approved by the City Solicitor." 6. Uncollectible Receivables It was resolved: "That the list of Uncollectible Receivables including interest amounting to $73,850.51, attached to a report from Rosemary Upfold, Director of Accounting, dated June 6, 1996, be written off against the Allowance for Doubtful Sundry Receivables and the Allowance for Doubtful Utility Receivables." Committee of Adjustment Variance - Municipal Code, Chapter 680 (Si.qn) - CENTRE WARD It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of May 28, 1996, recommending approval of Submission No. S 3/96 - Barry Grieve - Be Ratified and Confirmed." COUNCIL MINUTES JUNE 17, 1996 - ~7~ - CITY OF KITCHENER COUNCIL MINUTES JUNE 17, 1996 - ~7~ - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES JUNE 17, 1996 - 272 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D Land Exchanqe-SOUTHWARD It was resolved: "That the City of Kitchener accept an offer dated May 1, 1996 from Janet Ann Parrish to purchase from the City a parcel of vacant surplus land described as Part of Biehn's Unnumbered Tract being a part of Part 1, Plan 58R-6355 in exchange for a part of the purchasers abutting property known as 95 Pinnacle Drive, described as Part of Biehn's Unnumbered Tract designated as part of Part 1, 58R-7525. This transaction is conditional upon the Purchaser obtaining a zone change and all costs associated with this transaction shall be paid by the Purchaser. And further, that the Mayor and Clerk are hereby authorized to execute any documents deemed necessary by the City Solicitor." 9. Foldinq/Insertinq Mailinq Machine It was resolved: "That $27,600 be provided from the 1996 Capital Works Contingency Fund for the acquisition of a Folding/Inserting Mailing Machine and further that the amount of $100,000 for this purpose in 1997 be removed from the Capital Forecast." 10. Tenders Dealt with under delegations. 11. Hours of Operation - Brewers Retail Inc. Council was in receipt of correspondence from Mr. E.M. Isard, Operations Manager, Brewers Retail Inc. dated June 10, 1996 requesting written authorization for a test of midnight closings at the Brewers Retail Outlet located at 2642 King Street East. Councillor B. Vrbanovic requested deferral of consideration to the Finance and Administration Committee meeting of June 24, 1996 to allow for discussion with Regional Police Services concerning the possible impact of the request. It was resolved: "That consideration of the June 10, 1996 request of the Brewers Retail Inc. for a summer test of midnight closings at the Brewers Retail Outlet located at 2642 King Street East, be deferred and referred to the June 24, 1996 meeting of the Finance and Administration Committee."