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Home My WebLink AboutCouncil Minutes - 1996-09-16COUNCIL\1996-09-16 SEPTEMBER 16, 1996 COUNCIL MINUTES CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillor M. Yantzi who entered the meeting shortly after its commencement. The meeting began with the playing of "O Canada" by the Salvation Army Brass Quartet which was made up of Messrs. Ran Pearson, Don Banks, John Vas, Walter Oakley and Jack Brown. Councillor Jake Smola, on behalf of all members of Council, thanked the Quartet and its director for their rendition of the National Anthem. On motion by Councillor G. Lorentz, the minutes of the regular meeting held August 12, 1996, and special meetings held August 12 & 26 and September 9 & 12, 1996, as mailed to the Mayor and Councillors, were accepted. A. COMMUNICATION REFERRED DIRECTLY TO FILE - (a) Official Financial Statements of the City of Kitchener for the period ended December 31, 1995. Ms. Paula Saunders, Chair, Barrier Free Advisory Committee, appeared as a delegation in regards to the participation by members of Council and senior management staff in acquiring a disability this date and carrying out their routine work assignments to better appreciate the difficulties faced by disabled persons on a day to day basis. She thanked all participants for their participation, enthusiasm and support for this awareness project. Councillor B. Vrbanovic expressed appreciation to Ms. Saunders for her effort in organizing this project and then commented on his impressions after use of a wheelchair. Councillor K. Redman noted that her over-riding feeling was that operating a wheelchair on the street was scary. Councillor Jake Smala commented on his wheelchair experiences in attempting to use both the transit terminal and transit buses. Mayor R. Christy also expressed appreciation to Ms. Saunders for her work as Chair for the Barrier Free Advisory Committee. Ms. Saunders pointed out that participants had been provided with a green sheet and evaluation form and asked that it be completed particularly with regard to a notation on the obstacles that participants had encountered. Mayor R. Christy on behalf of City Council presented the 1996 Senior of the Year Award to Mr. Harry Tasker. He pointed out that the award was granted to an individual who has given freely of his time in support of the community. Mayor Christy noted that the award was signed by the Lieutenant Governor, the Minister of Citizenship, Culture & Recreation and himself on behalf of City Council. Mr. Tasker commented that the Senior of the Year Award was really an award for all of the seniors who volunteer their time to help others. In this regard, he noted that in the City of Kitchener last year, the number of volunteer hours put in by seniors totalled in excess of 108,000 volunteer hours which in terms of staffing level equates to 59.5 persons. He then thanked Council for the award and extended praise to the Parks & Recreation Department for its work in supporting the seniors in the community. Councillor M. Yantzi entered the meeting at this point. 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 this date. Councillor J. Ziegler referred to Tender T 96-56 for cleaning chemicals and operating supplies and questioned why so many bids were incomplete. Mr. Gordon noted that some of the Iow tenders were incomplete and rejected as not all items were bid upon. He advised the City's practice has been to do everything it can to encourage one bidder to supply the majority of products. Moved by Councillor G. Lorentz Seconded by Councillor K. Redman "That tender T96-56, Cleaning Chemicals and Operating Supplies, be awarded as follows: Section "A", Cleanin.q Chemicals - to Flexo Products Limited, Niagara Falls, Ontario at their tendered price of $26,664.52, plus G.S.T. and P.S.T. SEPTEMBER 16, 1996 COUNCIL MINUTES -414- CITY OF KITCI:IENER Section "B", Garba.qe Ba.qs - to Flexo Products Limited, Niagara Falls, Ontario at their tendered price of $14,604.35, plus G.S.T. and P.S.T. Section "C", Toilet Tissue/Paper Towels - to G.H. Wood + Wyant Inc., Scarborough, Ontario at their tendered price of $14,476.89, plus G.S.T. and P.S.T." - and - "That Expression of Interest E96-66, Consultant Services - Eastforest Trail and Detweiller Greenway Construction, be awarded to MTE Consultants Inc., Kitchener, subject to a satisfactory agreement being negotiated and an upset fee established. The estimated cost of the project is $79,278., plus G.S.T." Carried. Ms. Brenda Halloran appeared as a delegation representing the Ralgreen Crescent Homeowners Association to outline concerns regarding the methane gas problem in the Ralgreen Crescent area and the slow pace of remedial action in this regard. She read a prepared submission which was later filed with the Clerk. In addition to methane gas, she advised that homeowners were experiencing structural damage, contaminated water, unusual illnesses and increasing water damage. The matter of a portion of the area being a former landfill dump site was raised in the presentation. Ms. Halloran also stressed that the residents were growing impatient given 5 months has passed since the problem was first discussed. She also pointed out that it was time a remedial venting system was installed and expressed concern that winter freeze-up would aggravate the problem. In her presentation, she also made reference to what testing has been completed to date. In summation, disappointment was expressed with the lack of assistance from elected and appointed City officials and it was requested a committee be formed to address the problems itemized in her submission. Councillor G. Lorentz pointed out that numerous issues were raised in Ms. Halloran's presentation and he then posed a series of questions to Mr. J. Witmer, Director of Buildings & Inspection, requesting information, explanation and clarification of these issues. Mr. Witmer outlined what action has been taken by City staff and advised that on other issues he has no information and has no jurisdiction in the case of some issues. He provided comment on Regional and Ministry of the Environment response relating to concerns over the possibility that the sanitary sewer system and water supply were being contaminated as the result of the earlier landfill use of the site. Mr. Witmer provided what information staff have regarding this former use and advised that it would appear the garbage was removed after which houses were constructed on a fill pad and subsequently settled after being built. He noted that his responsibility was to ensure new homes are built to Building Code standard. He advised that the City has undertaken to do some testing for methane gas before the report on this matter was considered by Committee. In response to Councillor K. Redman, who indicated it appears the residents are looking for co-ordination to address the matter, Mr. Witmer stated that he would assist with co-ordination but he had concerns as to expectations relating to his involvement. Mayor R. Christy questioned who the lead player is in this matter and Ms. L. MacDonald advised that the City's main involvement has been with respect to methane gas. Other issues relating to contamination and water are outside of the City's jurisdiction. She suggested that the Ministry of the Environment be asked to take on a co-ordinating role and proposed another community meeting take place with representatives from all agencies and residents in attendance. Mayor R. Christy requested that Mr. Brad Yasui, 67 Ralgreen Crescent, file the information he has obtained with Mr. Witmer for consideration at the meeting. Councillor T. Galloway expressed concern that the Ministry of the Environment was being left out of the loop and requested a representative be in attendance at the September 23rd Finance and Administration Committee meeting so that the issue of co-ordination can be dealt with. Mr. Witmer indicated that the Ministry has agreed to participate. Councillor G. Lorentz sympathized with the frustrations expressed by the Ralgreen Crescent residents and indicated that he also was frustrated with the process but noted that, to date, there has been no new information to convey to the residents. He strongly suggested that the 2 Kitchener members of the Provincial Legislature be pressed to be involved in this matter and assist to ensure that Provincial responsibilities were being assumed. Councillor J. Ziegler advised those in attendance that the September 23rd Finance and Administration Committee meeting was a public meeting and would commence at 10:00 a.m. Ms. Holly Snider was registered as a delegation in support of clause 3 of the report of the Planning and Economic Development Committee of this date. SEPTEMBER 16, 1996 COUNCIL MINUTES -415- CITY OF KITCI:IENER Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi That clause 3 of the report of the Planning and Economic Development Committee of this date be adopted. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi Carried. "That the report of the Planning and Economic Development Committee of Council of this date be adopted." Councillor J. Ziegler advised that he was opposed to clause 7 of the report dealing with the new mandate statement of Kitchener Housing Inc. specifically relating to sub-item 10 regarding City assistance to obtain financing and mortgage guarantees relative to future projects of Kitchener Housing Inc. It was his view that this would result in future Councils levying taxes to support subsidized non-profit housing in the municipality. Councillor T. Galloway stated that he was also opposed to clause 7 of the report. The report was then put to a vote. Voted on clause by clause. Clause #3 - Dealt with under Delegations and Carried. Clause #7 - Carried. Balance of Report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee of this date be adopted." Moved by Councillor T, Galloway Seconded by Councillor Jake Smola "That the report of the Environmental Committee of Council of this date be adopted." Moved by Councillor J. Ziegler Seconded by Councillor Jake Smola "That the report of the Finance and Administration Committee of this date be adopted." Voted on clause by clause. Clause 1 - Carried. Balance of Report - Carried. Carried. Carried. Moved by Councillor John Smola Seconded by Councillor G. Lorentz "That the report of the Public Works and Transportation Committee of this date be adopted." SEPTEMBER 16, 1996 COUNCIL MINUTES -416- CITY OF KITCI:IENER Councillor Jake Smola referred to clause 2 of the report and pointed out that discontinuance of the Milk Run Community Bus Service along Union Street through Breithaupt Bush to Participation House would impact those users who require a bus with wheelchair access. He noted that maintenance of the service would cut down on the usage requirements of the Project Lift service. Councillor John Smola commented that there were other areas that transit does not service as it relates to persons with a disability and he noted that it was Project Lift's mandate to supply such service. He advised that a meeting was being held with Project Lift's officials on Tuesday and that he could update the Public Works & Transportation Committee at its next meeting on this matter. Councillor Jake Smola asked that individuals at Participation House be made aware of the removal of the existing service and Councillor John Smola noted that there were representatives from Participation House on Project Lift. Further, he commented that the section of the route servicing Participation House was added by staff and not by Council and that proper procedure should have been followed with the matter being brought before Committee and Council before the service was added. The report was then put to a vote. Voted on clause by clause. Clause 2 - Carried. Balance of Report - Carried. Councillor J. Ziegler referred to a revised budget review schedule dealing with dates for Committee and Council meetings to review the 1997 Capital and Operating budgets. Councillor M. Yantzi advised that he had a problem with Wednesday meetings. It was agreed that the revised budget review schedule would be addressed at the September 23 Finance and Administration Committee meeting. Councillor M. Wagner referred to the success of the outdoor Visual Arts Festival called Artworks held at Kitchener City Hall September 14 & 15. He asked that Mayor R. Christy send a letter of appreciation to the Public Art Committee for its work in putting the festival together and also asked that Mr. T. Clancy express thanks to City staff who provided support to the endeavour. Councillor T. Galloway referred to the matter of incomplete services in the Countryside Subdivision as raised several weeks ago and questioned when a report could be anticipated from staff. Mr. E. Kovacs advised that a response would be made to Councillor Galloway for his consideration as to further action at the September 23, 1996 Committee meeting. Councillor Jake Smola advised that he had spoken with Mr. J. Gazzola regarding the practice of collecting business taxes January 1 and June 1 and had requested that staff consider reviewing its method and dates of collection. Mr. J. Gazzola requested direction as to when Council would like a report in this regard. It was suggested that if any proposed change was just an administrative change, staff could report in the near future, otherwise a report could be prepared for consideration at a later date should the issue turn out to be more complex. Moved by Councillor John Smola 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 change the name of certain streets in the City of Kitchener (b) Being a by-law to adopt Amendment No.5 to the Municipal Plan - 1065146 Ontario Inc. - Ottawa Street/Westmount Road - MPA 96/04/W/JG (c) Being a by-law to amend By-law 85-1 - 1065146 Ontario Inc. - Ottawa Street South and Westmount Road East - No. 95/25/W/JG 6. (Cont'd) (d) Being a by-law to amend By-law 85-1 - Shell Canada Limited - Highland Road West at Westheights Drive - No. 95/31/H/PMB (e) 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' COUNCIL MINUTES SEPTEMBER 16, 1996 - 417- CITY OF KITCHENER (f) Being a by-law to authorize the carrying out of the provisions of Chapter 650 and 665 of the City of Kitchener Municipal Code with respect to Part of Lots 4 & 5, Registered Plan 1182, City of Kitchener, Regional Municipality of Waterloo, municipally known as 124 Overlea Drive, Kitchener (g) Being a by-law to provide for the establishing and laying out of part of Idle Ridge Court as a public highway in the City of Kitchener (h) Being a by-law to exempt certain lots from Part Lot Control - Lots 1 to 12 inclusive, 14 & 15, Blocks 13, 16, 21, 22, 23, 24 & 25, Registered Plan 58M-1 - Highbrook Street, Highbrook Crescent and Highbrook Court (i) Being a by-law to exempt certain lots from Part Lot Control - Block 2, Registered Plan 1714 - Bankside Drive (j) To confirm all actions and proceedings of the Council (k) Being a by-law to amend By-law 85-1 - Udvari Investments and Construction Inc. - McBrine Drive - No. 96/13/M/PMB Being a by-law to amend By-law 85-1 - Humanacare Bankside Inc. - Bankside Drive - No. 96/14/B/PMB 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 G. Lorentz as Chair. On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. Moved by Councillor G. Lorentz Seconded by Councillor John Smola "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 John Smola Seconded by Councillor K. Redman "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to close and sell Part of Forwell Road shown as Parts 1 & 3, Plan 58R- 10262 in the City of Kitchener (By-law No. 96-133) 8. (Cont'd) (b) Being a by-law to adopt Amendment No.5 to the Municipal Plan - 1065146 Ontario Inc. - Ottawa Street/Westmount Road - MPA 96/04/W/JG (By-law No. 96-134) (c) Being a by-law to amend By-law 85-1 - 1065146 Ontario Inc. - Ottawa Street South and Westmount Road East - No. 95/25/W/JG (By-law No. 96-135) SEPTEMBER 16, 1996 COUNCIL MINUTES -418- CITY OF KITCI:IENER (d) (e) (f) (g) (h) (i) (J) (k) (i) Being a by-law to amend By-law 85-1 - Shell Canada Limited - Highland Road West at Westheights Drive - No. 95/31/H/PMB (By-law No. 96-136) 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. 96-137) Being a by-law to authorize the carrying out of the provisions of Chapter 650 and 665 of the City of Kitchener Municipal Code with respect to Part of Lots 4 & 5, Registered Plan 1182, City of Kitchener, Regional Municipality of Waterloo, municipally known as 124 Overlea Drive, Kitchener (By-law No. 96-138) Being a by-law to provide for the establishing and laying out of part of Idle Ridge Court as a public highway in the City of Kitchener (By-law No. 96-139) Being a by-law to exempt certain lots from Part Lot Control - Lots 1 to 12 inclusive, 14 & 15, Blocks 13, 16, 21, 22, 23, 24 & 25, Registered Plan 58M-1 - Highbrook Street, Highbrook Crescent and Highbrook Court (By-law No. 96-140) Being a by-law to exempt certain lots from Part Lot Control - Block 2, Registered Plan 1714 - Bankside Drive (By-law No. 96-141 ) To confirm all actions and proceedings of the Council (By-law No. 96-142) Being a by-law to amend By-law 85-1 - Udvari Investments and Construction Inc. - McBrine Drive - No. 96/13/M/PMB (By-law No. 96-143) Being a by-law to amend By-law 85-1 - Humanacare Bankside Inc. - Bankside Drive - No. 96/14/B/PMB (By-law No. 96-144) (Cont'd) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned. Carried. SEPTEMBER 16, 1996 COUNCIL MINUTES -419- CITY OF KITCI:IENER MAYOR CLERK PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - That the memorandum dated September 4, 1996 regarding the proposed closure of part of Vanier Drive from Mr. G. Andersen and Planning and Development Staff Report PD 96/61 (Lane Application LA 96/1NNL - proposed closure of a portion of Vanier Drive, formerly Fulton Street), be deferred and referred to the September 23, 1996 Planning and Economic Development Committee meeting for consideration. That Council direct the City's Legal Department to prepare the necessary agreement to defer the pre-registration development charges on Lot 1 (Stage 2) of Plan of Subdivision 30T-88042 to the building permit stage, in accordance with the Development Charges Act. (A) That Municipal Plan Amendment Application 96/2/C/ZJ (Holly Snider and Eileen Malleck - 84 Church Street), submitted in accordance with Council's request, be approved and the Municipal Plan be amended as outlined below: Amend the Cedar Hill Neighbourhood Secondary Plan, Part 3, Section 13.3 by adding special policy 13.3.4.6 as follows: "Notwithstanding the High Density Multiple Residential designation a single-detached dwelling shall also be a permitted use on the property located at 84 Church Street." ii) Amend Map 11, to identify 84 Church Street 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/96/8/C/ZJ (Holly Snider & Eileen Malleck), adding special use provision 220U to the lands located at 84 Church Street zoned Residential Nine Zone (R-9) be approved in the form shown in the attached "Proposed By-law", dated June 18, 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 a recommended Amendment to the City's Municipal Plan. (Dealt with under delegations and Carried) That Zone Change application ZC 96/13/M/PMB (Udvari Investments & Construction Inc.), rezoning lands located at 31 McBrine Drive by adding a special use provision to the B-1 zone be approved in the form shown in the attached "Proposed By-law", dated July 25, 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 Zone Change Application ZC 96/14/B/PMB (Humanacare Bankside Inc.), rezoning lands located at 71 Bankside Drive by adding a special use provision to the R-9 zone be approved in the form shown in the attached "Proposed By-law", dated July 23, 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 Municipal Plan. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 6. A. That the Bridgeport East Secondary Plan be revised as follows: That Map A "Land Use" be revised to change the designation at 78 Stanley Avenue from "Residential-lnfilling Low Density" to "Multiple Residential Low Density" as shown on the revised Map A attached dated "Revised July 24, 1996". COUNCIL MINUTES SEPTEMBER 16, 1996 - 491- CITY OF KITCI:IENER COUNCIL MINUTES SEPTEMBER 16, 1996 - 491- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL It is the opinion of this Committee that approval of this amendment to the Secondary Plan is proper planning for the City. That the Zone Change Application 95/32/S/ZJ (William Mansell) requesting a change in the zoning from Residential Four Zone (R-4) to Residential Five Zone (R-5) with Special Regulation Provision 228R according to By-law 85-1 on Part of Lot 23, Registered Plan 675 be approved in a form shown in the "Proposed By-law" attached dated July 25, 1996 subject to the following conditions being satisfied prior to any readings of the By-law by City Council: That the owner reconstruct the parking area and driveway in accordance with the attached site plan to the satisfaction to the Director of Traffic and Parking Services or alternatively, the owner submit to the Manager of Design, Heritage and Environment a Letter of Credit in the amount sufficient to guarantee construction and restoration of the parking area in accordance with the approved Plan. That the owner acknowledges that condition 1 is required to be satisfied no later than seven months from the date of Council having approved by resolution Zone Change Application 95/32/S/ZJ. In the event this requirement is not fulfilled within the seven month period, Council shall consider rescinding its zone change approval. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. 7. A) That Council endorse the new mandate statement of Kitchener Housing Inc. (Appendix 'A' attached to KHI Staff Report 2/96 dated July 25, 1996) which was approved by the Board of Directors May 28, 1996; and is outlined below: MANDATE OF THE CITY OF KITCHENER NON-PROFIT HOUSING CORPORATION Policy and Proqram Implementation Serve as a vehicle for the implementation of municipal housing policy prepared and researched by the Department of Planning and Development and governed by the Municipal Plan, the Downtown Revitalization Strategy and other policies and programs approved by Kitchener City Council; Work co-operatively with public and private sector housing providers to develop alliances and partnerships and to avoid duplication of service, competition for land, and government funding; Acquisition Contribute to the creation of additional housing units through the development, rehabilitation and conversion of buildings on sites purchased or leased by the Corporation, purchase through turnkey arrangements, and joint ventures with the municipality and the private development industry; PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 7. Cont'd 4. Focus on the development of sites in the inner city defined by the Conestoga SEPTEMBER 16, 1996 COUNCIL MINUTES - 499- CITY OF KITCHENER COUNCIL MINUTES SEPTEMBER 16, 1996 - 499- CITY OF KITCHENER B) REPORTS ADOPTED BY COUNCIL Expressway, Westmount Road and the City of Waterloo boundary with a special emphasis on projects that will add to the housing stock in the downtown in conjunction with the municipality's downtown revitalization strategy; Be cognizant of other social housing project locations to avoid an over-concentration of Iow income and special needs housing in any one area; Give consideration to the development of underutilized or difficult to develop sites to demonstrate innovative housing solutions that may serve as examples to the development industry; Development Construct projects whose building size, type, amenities, construction materials and architectural features fit harmoniously with the character of the existing community while employing construction technologies consistent with cost-efficient project maintenance, management and security of property; Develop innovative projects that will set the tone and standard for quality infill and adaptive reuse development in the city; Partner with service clubs, support agencies and non-profit organizations to explore alternative housing tenure forms such as Abbeyfield Homes, Life Lease Housing, group living models and their integration into Kitchener Housing's portfolio; 10. To provide rental housing in the downtown consistent with the municipality's downtown revitalization strategy, partner with the City of Kitchener to obtain financing, mortgage guarantees, land, and in-kind services subject to a detailed business plan that sets out the worst case scenario for the municipality's consideration; Manaqement 11. Provide cost effective, accountable and socially responsible property management services to enhance the quality of life for the residents and to cultivate a sense of ownership pride and community amongst the residents; 12. Where deemed appropriate and feasible by the owners, provide property management services including marketing, leasing, community development, maintenance, rent collection and enforcement of the Landlord and Tenant Act for Kitchener Housing, municipally and Regionally owned residential properties, and other non-profit organizations in the Region of Waterloo; 13. Recover all operating costs through provincial/federal subsidies, property management fees and rental revenues so as to avoid any impact on the local tax base. That Council endorse the broadening of the client base of the property management services provided by Kitchener Non-Profit Property Management Inc. to include where deemed feasible and appropriate by the owners the management of other non-profit and co-operative housing developments in the city of Kitchener, residential properties owned by the City of Kitchener and residential properties owned by the Region of Waterloo within the city of Kitchener. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 8. That further to Council's May 13, 1996 resolution respecting Zone Change Application 96/09FFC SEPTEMBER 16, 1996 COUNCIL MINUTES - 493- CITY OF KITCI:IENER COUNCIL MINUTES SEPTEMBER 16, 1996 - 493- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL (City of Kitchener) and direction in the preparation of a new proposed by-law, policies, procedures for duplexing and the holding of a public meeting on Monday, October 7, 1996, we schedule consideration of this matter by the Planning and Economic Development Committee commencing at 4:00 p.m. on October 7, 1996. COMMUNITY SERVICES COMMITTEE - That we approve the request of the National Child Day in Waterloo Region for an in-kind grant in the amount of $586.00 to cover the cost of Rotunda rental and associated costs in connection with the National Child Day on November 23, 1996. That we approve the request of Jackie Latendresse for a grant in the amount of $620.00 for the Celebration of Modern Dance scheduled for October 12 - 13, 1996. That we approve the request of the Kitchener-Waterloo & North Waterloo Humane Society for an in-kind grant in the amount of $103.07 to cover the cost of delivery, set-up and pick-up of barricades to close Riverbend Drive, to hold their annual fundraising walk on September 8, 1996. That Parks and Recreation staff be authorized to enter into negotiations with Terry Haggith to continue to operate the boat concessions in Victoria Park, as he has in the past, the new term being from May 1, 1997 to October 9, 1999, inclusive. That the contractual changes negotiated for the use of the Kitchener Memorial Auditorium Complex by the Kitchener Rangers Hockey Club, as described in the letter of understanding, dated August 15, 1996, be accepted and approved, and further, That the agreement be in effect for the period September 1, 1996 through to August 31, 2001, and further, That the Mayor and Clerk be authorized to sign the final agreement. That we approve the request of the Take Back the Night Committee for an in-kind grant in the amount of $473.42 to cover the costs of Rotunda rental and 50% of bus rental for the Take Back the Night March on September 26, 1996. That we approve the request of the United Food & Commercial Workers Leukemia Committee for an in-kind facility rental grant in the amount of $112.50 for their use of the Victoria Park Pavilion on June 9, 1996. That Council waive the consultant selection process for the design of three fire halls, and further, That the Manager of Purchasing and the Director of Facilities Management be directed to enter into negotiations with Rieder, Hymmen & Lobban Architects, Kitchener, to obtain a satisfactory contract and an upset limit for the projects, with the estimated consultant fees for the projects to be approximately $120,000. ENVIRONMENTAL COMMITTEE - That the Honourable Norm Sterling, Minister of Environment & Energy be advised that the City of Kitchener, through its Environmental Committee, supports the principle of cleaning, recycling and re-manufacture of used oil on the basis that used oil as a resource can be renewed and does not support burning used oil as a disposal solution within waste derived fuel (WDF) furnaces given that a non-renewable resource is being lost by choosing not to recycle, and further, That this resolution also be sent to the Environmental Group of the Association of Municipalities of Ontario. FINANCE AND ADMINISTRATION COMMITTEE - SEPTEMBER 16, 1996 COUNCIL MINUTES -494- CITY OF KITCI:IENER COUNCIL MINUTES SEPTEMBER 16, 1996 - 494- CITY OF KITCI:IENER 10. REPORTS ADOPTED BY COUNCIL That a grant, without prejudice or precedent, comprising 50% of the cost of purchasing and installing a sump pump at 239 Erinbrook Drive be awarded to Mr. Barry Gascon, with the City's portion to be paid following installation and receipt of a paid invoice, and further, That given the circumstances, the City approach the soils engineering (Peto-MacCallum) for their consideration of this additional expense. That the City of Kitchener approve a grant, without prejudice or precedent, to Kitchener Housing Inc. in the amount of $2285.00, being the difference between the City's development charge apartment rate and single detached rate relative to the conversion of the former hydro transformer station at 359 Alice Avenue to a small residential unit. That the City's Development Charge Committee be asked to evaluate and report on the suggestion from Kitchener Housing Inc. that the Development Charge By-law be amended so as to assess residential dwellings of less than 750 square feet at the apartment development charge rate rather than the single detached rate. That Part of Lot 63, Registered Plan 303, designated as Part 4, Plan 58R-1541 on Charles Street East intersecting with Cameron Street, be declared surplus to the City's needs and be transferred to the Regional Municipality of Waterloo for a road widening. That the following amounts be added to the Capital Forecast in the years shown relative to a three year plan to overhaul twenty-one 1989 and 1990 Orion bus chassis: $160,000.00 in the year 2000; #142,000.00 in 2001; and, $124,000.00 in 2002; and further, That the above be highlighted for consideration during the Budget process. That the Provincial government be advised that the City of Kitchener is not interested in having a permanent charitable casino located in this municipality. That notwithstanding the concern of Kitchener City Council over the proliferation of all forms of gambling within the Province, Council encourages the Province to continue licensing specific private locations as at present rather than developing permanent charitable casino sites; however, should the Province proceed with establishing permanent sites, the City of Kitchener would like an opportunity to comment prior to the Province enacting any required legislation. That if the year end bingo reports for the Southwest Optimist Club, Northstar Youth Organization, Hebrew Day School and Beth Jacob Synagogue are not received by Friday, October 4, 1996, Licensing Staff be authorized to cancel a minimum of two events from their existing bingo licence and thereafter continue to cancel event licences until all of the outstanding paperwork has been filed; and further, That the Consolidated Bingo Regulations be amended by adding Section #12 which will read -'that Licensing Staff be allowed to refuse or cancel all existing bingo licences if the required fiscal year end reports have not been filed with the Licence Office within six months of a group's fiscal year end.' That Ms. Susan Dube and Mr. Alan W. Richardson be appointed to the Kitchener Safe City Committee for a period ending November 30, 1996. That the City Clerk advise the Minister of Municipal Affairs of the following concerns of Kitchener City Council with regard to the election related recommendations of the Province's Who Does What Panel (Sub-Panel on Municipal Administration): a) Recommendation #2 - that Municipal Government voting day be the Thursday prior to Thanksgiving (October 10 in 1997) rather than the Thursday after, so that the final days of campaigning do not conflict with the Thanksgiving holiday period. COUNCIL MINUTES SEPTEMBER 16, 1996 - 425- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 10. (Cont'd) b) Recommendation #5 - that employees of local governments should not be granted limited leave of absence to seek and hold local elected office; c) Recommendation #6 - that referenda should not be used as a means of governing, as this may result in a less responsible approach to decision making by municipal politicians. Further, Kitchener has concerns over the costs of such referenda since these would accrue to the taxpayer irregardless of the level of government responsible for referenda funding, and given the possibility of referenda questions being put to the public other than at the time of Municipal Elections; d) Recommendation #13 - that Voters Lists continue to be posted in conspicuous public places as at present, rather that be available only for viewing in the office of the City Clerk as is proposed; e) Recommendation #14- that the registration and nomination processes remain separate as under the existing Municipal Elections Act, since the panel recommendation to register and nominate at one time (after January 1) on a combined form would result in a candidate making a declaration of qualification prior to the commencement of the qualifying period, Also, the candidates should continue to be required to obtain the signatures of qualified electors as part of the nomination process; and further, That the above concerns also be conveyed to the Association of Municipalities of Ontario. 11. That tenders be called for the installation of computer aided salt spreading devices on seven vehicles presently used by the Public Works Department for winter control activities; and further, That in the future when tenders are called for the acquisition of new vehicles, they be equipped with the same mechanism. 12. That the Commissioner of Finance be authorized to enter into a three year agreement with Synamics Inc. to provide automated order and delivery of tax certificates as proposed to the City of Kitchener by Synamics Inc. in their proposal dated February 14, 1996; and further, That the fee for this new service be $40.00 per certificate, and that effective October 1, 1996 the cost for the manual issuance of a certificate be increased from $15.00 to $20.00. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That Kitchener Utilities continue to offer the $100.00 rebate to residents of the City of Kitchener that have Plexvent, Selvent or Ultravent Venting Systems, which have been installed on a mid- efficiency furnace and decide to upgrade their furnace to a high efficiency model and that the rebate be offered until December 31, 1996. That the Milk Run Community Bus Service, presently provided along Union Street through Breithaupt Bush to Participation House, be discontinued as of October 1, 1996. COUNCIL MINUTES SEPTEMBER 16, 1996 - 426 - 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 INTERIM CHIEF ADMINISTRATIVE OFFICER - 1. Encroachment Aqreements It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner(s) of Lot 25 and Part Lots 1, 2 and 26, Plan 435 (Samuel B. Schneider's Survey) and Part Lot 4, Plan 426 (Mary Shantz's Survey), known as 77-79 Schneider Avenue, to legalize the existing driveway as it encroaches 3 feet, more or less, onto Victoria Park." -and- "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner(s) of Part Lot "Q", Registered Plan 670, known as 174 Pleasant Avenue, to legalize an existing chain link fence and hedge as they encroach 11' 3", more or less, at the greatest point, onto Lorne Park." -and- "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner(s) of Lot 72, Registered Plan 1253, municipally known as 69 Champlain Crescent, to legalize the existing house as it encroaches 3.5 feet, more or less, onto a registered easement as well as a gate located on the easement in the area between the house and southerly property line; and further, That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner(s) of Lot 73, Registered Plan 1253, municipally known as 63 Champlain Crescent, to legalize the existing house as it encroaches 1.75 feet, more or less, the asphalt drive as it encroaches 7 feet, more or less; a chain link fence which runs in an easterly direction along the northerly property line a distance of 70 feet, more or less, all of which encroach onto a registered easement." 2. Licenses It was resolved: "That ACCKWA: The Aids Committee of Cambridge, Kitchener, Waterloo and Area be granted permission to sell t-shirts in Victoria Park on September 29, 1996, provided that the necessary Licence and Police approvals are obtained." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Canadian Diabetes Association, 15 Toronto Street, Suite 800, Toronto, M5C 2E3, to conduct a Monte Carlo event at Golf's Steakhouse, 598 Lancaster Street West, Kitchener, on September 17-19, 1996, inclusive." -and- COUNCIL MINUTES SEPTEMBER 16, 1996 - 4~7- CITY OF KITCHENER COUNCIL MINUTES SEPTEMBER 16, 1996 - 4~7- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES SEPTEMBER 16, 1996 - 427 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - CONT'D 2. Licenses "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 Granite Club, 69 Agnes Street, Kitchener, on October 18-20, 1996, inclusive." -and- "That St. Matthews Lutheran Church, 54 Benton Street, Kitchener, be granted permission to operate a refreshment stand, in front of the Zehrs at Zehrs Hiway Market, 1375 Weber Street East, Kitchener, on September 26-29, 1996, inclusive, provided that the necessary Licence and Health and Fire approvals are obtained." -and- "That the Sunshine Foundation of Canada, Kitchener-Waterloo Chapter, PO Box 1785, Station C, Kitchener, Ontario, N2G 4R3, be granted permission to operate a refreshment stand, in front of the Zehrs at 385 Frederick Street, Kitchener, on October 10-13, 1996, inclusive, provided that the necessary Licence and Health and Fire approvals are obtained." -and- "That Ms. Nina Troezka be granted a Body Rub parlous licence, for 1127 King Street East, Kitchener, for the year 1996, pending issuance of an Occupancy Permit." 3. Bazaar and Raffle Lottery Licence Councillor Jake Smola disclosed a pecuniary conflict of interest and abstained from all voting and discussion concerning the bazaar and raffle lottery licence requests from Owl Child Care Services of Ontario, as his wife is employed by that organization. Councillor B. Vrbanovic advised the Committee that the memorandum from the Manager of Licensing refers to the Owl Child Care Services of Ontario as operating from 115 University Avenue E, Waterloo. However, he advised that the head office of the organization is situated at 1601 River Road, Units 4 & 5, Kitchener. On motion by Councillor B. Vrbanovic- It was resolved: "That Council grant the requests of the Owl Child Care Services of Ontario, Head Office, 1601 River Road, Units 4 & 5, Kitchener, N2A 3Y4, requesting permission to hold a 50/50 bazaar at Bingeman's Marshall Hall, Kitchener during their Country Video Dance Party and to hold a raffle on October 31, 1996." Councillor Jake Smola previously disclosed a pecuniary conflict of interest and abstained from all voting and discussion concerning the bazaar and raffle lottery licence requests from Owl Child Care Services of Ontario, as his wife is employed by that organization. SEPTEMBER 16, 1996 COUNCIL MINUTES - 4~8- CITY OF KITCHENER COUNCIL MINUTES SEPTEMBER 16, 1996 - 428- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES SEPTEMBER 16, 1996 - 428 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - CONT'D 4. Sale of Tickets The Committee was in receipt of a memorandum from the Manager of Licensing regarding a request from the Princess Margaret Hospital Foundation, Toronto, for permission to sell tickets in the City of Kitchener for their Home Raffle. The Committee discussed the issue and several members of Council indicated opposition to the request as well as expressing the view that Council should respect the recommendation of its local hospitals on this issue. St. Mary's Hospital has expressed opposition to the request. In response to a question, Mr. R.W. Pritchard clarified that the City takes the initiative to notify its local hospitals when fundraising requests within the municipality are made by hospitals located elsewhere without attempting to determine whether its local hospitals were notified directly by the organization making the request. It was resolved: "That no action be taken on the request of the Princess Margaret Hospital Foundation, 610 University Avenue, Toronto M5G 2M9 for permission to sell raffle tickets in the City of Kitchener through various businesses from September 13, 1996 to November 4, 1996." 5. Raffle The Committee was in receipt of a memorandum from the Manager of Licensing respecting a request received from the Hospital for Sick Children Foundation, Toronto, seeking permission to advertise and promote its lottery in Kitchener. The Committee briefly discussed the request in the same context as the preceding item and noted that again St. Mary's Hospital, Kitchener, is opposed to the request. A request was made for a recorded vote on this issue. On motion - It was resolved: "That no action be taken on the request of the Hospital for Sick Children Foundation, 555 University Avenue, Toronto M5G 1X8 for permission to campaign in the City of Kitchener for their Wishing Well Lottery from August 28, 1996 to December 18, 1996. Mayor R. Christy and Councillors John Smola, G. Lorentz, K. Redman, T. Galloway, C. Weylie, J. Ziegler and M. Wagner voted in favour while Councillors B. Vrbanovic, M. Yantzi and Jake Smola voted in the negative. COUNCIL MINUTES SEPTEMBER 16, 1996 - 429- CITY OF KITCHENER COUNCIL MINUTES SEPTEMBER 16, 1996 - 499- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 6. Tenders The tenders were dealt with under delegations. 7. Variance to Municipal Code, Chapter 630 (Fence) - CHICOPEE WARD It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of September 10, 1996, recommending approval of Submission No. F 5/96 - Richard Harrington - Be Ratified and Confirmed." COUNCIL MINUTES SEPTEMBER 16, 1996 - 429 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - CONT'D 8. Software Development Aqreement The Committee was in receipt of a memorandum dated September 12, 1996 from Ms. D. Arnold recommending approval of a software development and licence agreement with ITX Technologies Inc. for the development of the Integrated Infrastructure Management System as it relates to the City's storm sewer, sanitary sewer and road systems for the total price of $561,000 exclusive of taxes. Councillor J. Ziegler questioned why the 90-day test period for the software and its one year warranty were so short. Mr. E. Kovacs advised that since the system was already in the Division, testing has already been undertaken and it was the opinion of staff that the software was working properly. Mr. J. Gazzola advised that the one-year warranty period refers to the provision of updated versions of the software free-of-charge. Councillor T. Galloway questioned if the timing of the acquisition of the software was correct in view of the possibility that the Region of Waterloo might assume responsibility for water and waste water and whether the City was actually funding a future regional asset. Mr. E. Kovacs replied that the software relates to all assets of infrastructure not just those involving the sanitary sewer system. He also explained that the cost includes transposition of manual records into an electronic form which will ultimately have a favourable effect on operations and maintenance budget. Mr. J. Gazzola pointed out that 80% of the system deals with roads and that removal of the effect of 20% sewer component would tend to complicate things and increase cost in the long run. In response to Councillor Jake Smola, Mr. Kovacs advised that the information represented data that would be linked to the future GIS system but was not a duplication of it. On motion by Councillor J. Ziegler - It was resolved: "That the Mayor and Clerk be authorized to sign a software development agreement with ITX Technologies Inc. for the development of the integrated infrastructure management SEPTEMBER 16, 1996 COUNCIL MINUTES - 430- CITY OF KITCI:IENER COUNCIL MINUTES SEPTEMBER 16, 1996 - 430- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL system as it relates to the City's storm sewer, sanitary sewer and road systems with the total price being $561,000 exclusive of taxes, and such agreement being satisfactory to the City Solicitor." Consent to Transfer Mortqaqe - 45 Hollinqer Crescent The Committee was in receipt of a memorandum dated September 16, 1996 from the City Solicitor and recommendation. It was resolved: "That the City consents to a mortgage from Milka Hodri to Canadian Imperial Bank of Commerce and a transfer from Milka Hodri to Otto, Elisabeth and Stefan Guschlbauer of the property described as Part 2 on Reference Plan 58R-4736 and municipally known as 45 Hollinger Crescent, Kitchener, and further, That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all rights of the City contained in paragraph 2.(b) of the Schedule to Instrument No. 826758 respecting Part 2 on Reference Plan 58R-4736 and municipally known as 45 Hollinger Crescent, Kitchener." 10. Consent to Transfer - 15 Howard Place The Committee was in receipt of a memorandum dated September 16, 1996 from the City Solicitor and recommendation. COUNCIL MINUTES SSEPTEMBER 16, 1996 - 430 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - CONT'D 10. Consent to Transfer - 15 Howard Place (Cont'd) It was resolved: "That the City consents to a transfer from Munbrook Holdings Ltd. to 1184998 Ontario Inc. of the property described as Part 5 on Reference Plan 58R-3388 and municipally known as 15 Howard Place, Kitchener." 11. Strikinq of Outstandinq Property Taxes and Hydro Charqes - 521 Kinq Street West (former Epton Property) The Committee was in receipt of a memorandum dated September 16, 1996 from Mr. J. Gazzola dealing with outstanding property taxes, interest, penalties and utilities arrears respecting the former Epton property at 521 King Street West and issues relative to its bankruptcy and future sale of the property. It was resolved: "That Council, as authorized by Section 441 of The Municipal Act, direct the City Treasurer to strike from the roll all outstanding property taxes for the property municipally known as 521 King Street West (the former Epton property) at such time as either the costs, said costs to be reasonable, incurred by Geon Canada Inc. or a subsidiary thereto, SEPTEMBER 16, 1996 COUNCIL MINUTES - 431- CITY OF KITCI:IENER COUNCIL MINUTES SEPTEMBER 16, 1996 - 431- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL for the demolition of the buildings equals the amount of property taxes then outstanding or the buildings have been substantially demolished, either of which must occur no later than October 31, 1997. For purposes of this direction, the buildings are deemed substantially demolished when the buildings have been removed to grade and the site cleared of all debris, graded and grass seed planted on exposed areas; And further, that Council requests Kitchener-Wilmot Hydro to take similar action regarding the outstanding hydro utilities added to the roll."