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HomeMy WebLinkAboutCouncil Minutes - 1996-10-15COUNCIL\1996-10-15 OCTOBER 15, 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 Kitchener Council, led by Councillor Jake Smola. On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held on September 30, 1996, as mailed to the Mayor and Councillors, were accepted. A. COMMUNICATIONS - N I L Ms. Paula Smith, a resident of Maurice Avenue, appeared and expressed concern over children from her area on the way to school, having to cross busy intersections at Charles and Ottawa Streets and King and Ottawa Streets. Councillor M. Wagner advised that he walked the area with Ms. Smith and found that the intersections are both busy and dangerous in this regard. Ms. Smith indicated that she is speaking on behalf of single mothers and children in the Maurice Street area, as well as the Sydney Street sheltered workshop (K-W Habitation Services). She noted that the safety of children crossing these intersections on the way to school is the issue, and not the distance they are required to travel. Ms. Smith suggested that children from kindergarten, up to and including Grade 4 should be bused to school, and the City should provide crossing guards or a crossing system to assist other students. She stressed that this is a unique situation which should be addressed quickly and asked for Council's support. Ms. Smith also thanked Councillor M. Wagner for his assistance and support to date. In response to a question from Councillor K. Redman, Ms. Smith advised that the Separate School Board will not consider courtesy seats for children, nor will it substitute younger children for older children who are currently being bused, some of the latter being 13 and 14 year olds. Ms. Smith added that she was told in the past that the number of children did not warrant a crossing system; however, this was prior to the construction of the Shantz Terrace development. Mr. E. Kovacs advised that staff are currently investigating the situation, and Council agreed that this issue would be referred to the October 21, 1996 agenda of the Public Works & Transportation Committee, at which time staff are to provide a verbal or written report. 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. Mr. R.W. Pritchard advised that there is one additional tender and one additional quotation to be added to the agenda this date, both relating to equipment for the Transit Centre, 250 Strasburg Road. In this regard, Council was in receipt this date of two memorandums from Mr. L. Gordon dated October 11, 1996. Moved by Councillor G. Lorentz Seconded by Councillor M. Wagner "That Expression of Interest E96-61, Roof Consulting Services, be split awarded to Premier Roof Consulting Limited, Mississauga and Kleinfeldt Consultants Limited, Kitchener for a period of three (3) years commencing November 1st, 1996." - and - "That tender T96-91, Watermain Cleaning, be awarded to Pipeline Cleaning Hydrant Services, Mississauga at their tendered price of $139,500, plus G.S.T." -and- "That tender T96-99, Installation of CNG Compressor Station Equipment - Transit Centre - 250 Strasburg Road, be awarded to Evans Industrial Installations, Guelph, at their tendered price of $308,800, plus G.S.T." OCTOBER 15, 1996 COUNCIL MINUTES -453- CITY OF KITCI:IENER -and- "That quotation Q96-187, Supply and Install Blast Proof Doors - Transit Centre - 250 Strasburg Road, be awarded to Winser Doors, Cambridge, at their quoted price of $51,922, plus G.S.T." Carried. Mr. Stan Katz, SMK Associates Inc./CPI Computer Partners International, was in attendance concerning proposal P96-74 (Utilities Management, Tax Administration and/or Revenue Processing System). Mr. Katz referred to the recommendation listed as Item 10 (iii) of the Committee of the Whole agenda of this date which involves a technical solution to replace the City's current mainframe system as it relates to utilities management, tax administration and revenue processing. Mr. Katz outlined the process followed in requesting and reviewing the proposals. He pointed out that the City's current mainframe technology is rapidly aging and is expensive to maintain, and that the system will cease to function in December of 1999, which imposes a short timeframe for project completion. Mr. Katz advised that five proposals were reviewed ranging in price from approximately $600,000 to $1.7 million He advised that the recommendation is to purchase a foundation package from Sierra Systems Consultants Inc., Vancouver, British Columbia, at a proposed price of $1,230,000 plus taxes. Councillor G. Lorentz referred to the City's earlier dealings with Sierra Systems, and Mr. Katz advised that at that time Sierra did not have the pre-requisite software package, but now has a foundation system operating in the City of Saskatoon. Mr. Katz added that the proposed system would grow with the City and be able to evolve in response to legislative changes. In response to a further question, he also advised that the review committee is satisfied with the stability of the company. Councillor T. Galloway questioned whether the proposed system is flexible enough to add or delete elements, and Mr. Katz replied that the City will own the source code, and as the system is built in Powerbuilder, staff should be able to make the necessary modifications. Councillor Galloway questioned whether the City may not be over-purchasing in the event it is no longer responsible for the water or sewer works due to the outcome of pending discussions at the Regional level. Mr. J. Gazzola replied that staff are concerned with the legislative changes proposed and have looked at the system in terms of its inherent flexibility. Councillor Galloway questioned whether the system allows for billing of water Region-wide, and Mr. Katz replied that this could be accommodated without the need for expensive upgrades. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That proposal P96-74, Utilities Management, Tax Administration and/or Revenue Processing System, be awarded to Sierra Systems Consultants Inc., Vancouver, British Columbia at their proposed price of $1,230,000., plus G.S.T. and P.S.T., based on a satisfactory contract being negotiated, and further, That the Mayor and City Clerk be authorized to sign an agreement with Sierra Systems Consultants Inc. satisfactory to the City Solicitor, and further, That funds be transferred from the Gasworks and Waterworks capital surplus accounts in the amount of $238,000. each." Carried. Ms. Judy Anne Chapman appeared in support of clause 2 of the Planning and Economic Development Committee report of this date dealing with a Zone Change Application involving duplexes and second dwelling units in semi-detached houses. Ms. Chapman advised that she supports the removal of duplexing as-of-right through Stage 7 of the planning process, and the notion that due planning process should be followed for zone changes involving duplexing. She also advised that she has offered the assistance of her neighbourhood association. Ms. Sally Gunz appeared concerning clause 2 of the Planning and Economic Development Committee report of this date involving duplexing, and read from a statement, a copy of which was circulated to members of Council this date. Ms. Gunz advised that she is in attendance on behalf of the neighbourhoods covered by Stage 6 of the planning process, which believe City-wide duplexing should be retained in Kitchener on the basis that it is a sound land use policy and is consistent with the final land use agreed to pursuant to Stage 6. Ms. Gunz advised that should Council decide that duplexing should exist in only some neighbourhoods, the neighbourhoods she represents wish to go on record as OCTOBER 15, 1996 COUNCIL MINUTES -454- CITY OF KITCI:IENER requesting that special consideration be given to ensuring that duplexing does not have any negative consequences. In this regard, she referred to a list of possible protections previously submitted to the Planning and Economic Development Committee. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi That clause 2 of the Planning and Economic Development Committee report of this date be adopted. A recorded vote was requested. In Favour: Councillors Jake Smola, B. Vrbanovic, J. Ziegler, T. Galloway, G. Lorentz and C. Weylie. Contra: Mayor R. Christy, Councillors, John Smola, M. Wagner, M. Yantzi and K. Redman. Carried. Ms. Mary Ann Wasilka appeared concerning the City's current process for swimming registration. Ms. Wasilka presented Council with a petition containing 107 names which requests that the City consider an alternate method of accommodating mass swimming registration. She advised that registration can take up to 3 or 4 hours of waiting, and suggested that a more appropriate and respectful manner of registration could be developed which ensures fairness. In this regard, Ms. Wasilka indicated that improvements could involve such things as providing protection from the rain and cold, handing out numbers early on the day of registration, or arranging registration by computer. Ms. Wasilka asked that Council direct staff to develop alternative means of registration. Councillor J. Ziegler suggested that this item be referred to Committee for a staff report. In response to a further question from Councillor Jake Smola, Ms. Wasilka advised that during the last registration she arrived at 4 p.m. for a 7 p.m. registration and obtained all of the 107 names on the petition within 1/2 hour. Councillor Smola pointed out that in his conversations with staff, they are receptive to suggestions for improvement. It was agreed that consideration of this item, and a corresponding staff report, would be referred to a future meeting of the Community Services Committee, at which time, staff would advise Ms. Wasilka of the date, time and location of the meeting. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler "That the report of the Planning and Economic Development Committee of Council of this date be adopted." Councillor C. Weylie requested that clause 4 be amended by adding the word "first" in front of the phrase "8 points relating". Councillor Jake Smola requested a further amendment to the clause to insert the words "City-wide" in the second line before the word "duplexing". The report was then voted on clause by clause. Clause #2 - Dealt with under Delegations and Carried on a recorded vote. Clause #4 - Carried, as amended. Balance of Report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor M. Yantzi "That the report of the Community Services Committee of this date be adopted." OCTOBER 15, 1996 COUNCIL MINUTES - 455- CITY OF KITCI:IENER Voted on clause by clause. Clause #5 - Carried. Clause #7 - Carried. Clause #9 - Carried. Balance of Report - Carried. The following pecuniary conflict of interest and abstention was disclosed: Clauses # 6 & 7 - Councillor T. Galloway, as he is employed by the Kitchener Rangers Hockey Club. Councillor M. Yantzi asked that he be recorded as opposed to clauses 5, 7 & 9. "O Canada" was then sung by the After Eight group which entered the meeting at this time. Following singing of the National Anthem, the group introduced themselves and it was indicated that they are a choir of local teachers and principals. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner "That the report of the Finance and Administration Committee of this date be adopted." Carried. Moved by Councillor John Smola Seconded by Councillor M. Wagner "That the report of the Public Works and Transportation Committee of this date be adopted." Councillor Jake Smola advised that the City's Utilities Division recently attended at properties on Misty Crescent and discovered two additional leaks in the water laterals, bringing the total to date to ten. The report was then voted on and Carried. Councillor C. Weylie referred to a public meeting held on October 10 at 7 p.m. involving herself, City staff and residents of Vicmount Drive concerning a proposed closure of the drive-through service provided by a nearby Taco Bell restaurant. Residents had complained of excessive noise in the early hours related to the drive-through service. Councillor Weylie advised that the Legal Department has sent a letter to Vicmount residents asking them to log all instances of noise in the event future legal action is required. She also advised of other preventative measures being taken by the restaurant to alleviate the problem, including the posting of "No Noise" signs, the hiring of a pay duty police officer for Friday and Saturday nights, and placing restrictions on the hours of service. Councillor G. Lorentz questioned whether the Legal Department is still planning to report on the regulation of late night services, and Mr. Shivas replied that he has looked into the matter and is prepared to either provide a confidential report, or give verbal legal advice at a caucus meeting of Council. It was agreed that this item would be added to the in-camera agenda of Council for October 21, 1996 for the purpose of receiving legal advice. Councillor K. Redman complimented Council on its open-minded handling of the duplex issue in the Downtown, and also extended her compliments to staff on their actions, in particular, Ms. C. Ladd and Mr. J. Willmer. Councillor B. Vrbanovic requested that Mr. R.W. Pritchard put discussion of the 1997 Council/Committee meeting schedule on an upcoming Finance and Administration Committee agenda. Mr. Pritchard advised that the draft schedule may not be available for the October 21 meeting, and reminded Council that this schedule is normally dealt with at its annual Committee/Board appointment meeting scheduled for November 12, 1996. OCTOBER 15, 1996 COUNCIL MINUTES - 456- CITY OF KITCI:IENER Councillor J. Ziegler referred to two items of correspondence which he asked be referred to either the October 21 or November 4 Finance and Administration Committee agenda. The first item is a September 25, 1996 request from the Chairman of the Centre In The Square Board of Directors to increase the number of Board appointments by two. The second item is outlined in correspondence from E. Jeanette Aubin, Certified Reflexologist and Auricular Therapist objecting to the amount of her business licence fee, and asking that her forthcoming application be considered under a section of the Licensing By-law other than "Massagist and Body Rub Parlours". Mr. J. Shivas advised that with regard to the request from the Centre In The Square to increase the number of Board members, the size of the Board is governed by private legislation, and the amendment required cannot be processed prior to the November 12 appointment meeting. Council agreed to the request of Councillor J. Ziegler that the City acknowledge both requests and deal with them at an upcoming Finance and Administration Committee meeting. Councillor J. Ziegler referred to clause 9 of the Committee of the Whole agenda of this date involving a request from Councillor Jake Smola to amend the Budget Review Schedule. Councillor Ziegler asked that any changes to the current schedule be considered at the November 12, 1996 Committee/Board Appointment meeting in conjunction with the 1997 meeting schedules for the City and the Region. Councillor Jake Smola enquired as to when the core services report being compiled by staff will be available for Council review. Mayor R. Christy replied that a Committee of the Whole meeting, which will include this item, has been tentatively scheduled for October 30, 1996 and Councillor Smola asked that the report be circulated to Council members in advance of the meeting. Councillor B. Vrbanovic questioned whether it would be more appropriate to have the sub-committee meet to review the report prior to its consideration by the full Council, and Mayor Christy suggested that review by the sub- committee as well as other Council members could take place simultaneously. Councillor Jake Smola enquired as to the status of the requested report involving a staff code of conduct, and Mr. R.W. Pritchard replied that a staff committee has met and the report should be available for review in 3 to 4 weeks. Moved by Councillor G. Lorentz Seconded by Councillor John Smola "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to renumber a certain property and premises on Lennox Crescent in the City of Kitchener (b) Being a by-law to provide for the widening of part of Shirk Place as a public highway in the City of Kitchener (c) 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 (d) Being a by-law to define an area of the municipality to be examined for future designation as a Heritage Conservation District (e) Being a by-law to amend By-law No.85-1, known as the Zoning By-law - #96/09/TC/JW 5. (Cont'd) (f) To confirm all actions and proceedings of the Council and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor R. Christy appointed Councillor B. Vrbanovic as Chair. On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. OCTOBER 15, 1996 COUNCIL MINUTES - 457- CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor K. Redman "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor G. Lorentz Seconded by Councillor John Smola "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) (e) (f) Being a by-law to renumber a certain property and premises on Lennox Crescent in the City of Kitchener (By-law No.96-149) Being a by-law to provide for the widening of part of Shirk Place as a public highway in the City of Kitchener (By-law No.96-150) 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.96-151 ) Being a by-law to define an area of the municipality to be examined for future designation as a Heritage Conservation District (By-law No.96-152) Being a by-law to amend By-law No.85-1, known as the Zoning By-law - #96/09/TC/JW (By-law No.96-153) To confirm all actions and proceedings of the Council (By-law No.96-154) 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 City Council receive the KDBA Downtown Retail Action Plan and refer the Plan, together with any Council comments, to Management Committee for review and consideration and report back to Council. That Zone Change Application ZC 96/09/TC/JW representing revisions to Zoning By-law 85-1, dealing with prohibiting new duplexes in R-2 and R-3 zones, permitting duplexes in new plans of subdivision, prohibiting second dwelling units in semi-detached houses and street townhouses, and dealing with revised regulations for duplexes, be approved in the form shown in the "Proposed By-law" dated September 16, 1996, as revised October 7, 1996 to include revisions in respect to 2 properties shown on Map No. 4 (Schedule No. 171) and Map No. 10 (Schedule No. 252) and the addition of subsection 174 to Appendix "D", without conditions. (Dealt with under Delegations and Carried on a recorded vote) That the Department of Planning and Development be directed to prepare a report respecting the removal of duplexing as a permitted use and downzoning of properties formerly zoned R2A located generally in the area bounded by the Conestoga Parkway, Lancaster Street and Guelph Street and arrange for consideration at a public meeting. That the Department of Planning and Development be directed to consider and discuss with other City Departments the first 8 points relating to the issue of City-wide duplexing as prepared by Inner City Neighbourhood Association Executives, and itemized in the October 7th Planning and Economic Development Committee minutes, and further, That the Department prepare a staff report evaluating the requests as to timing, implications, costs, etc. for consideration by the Planning and Economic Development Committee at its November 4, 1996 meeting. (As Amended) That Demolition Control Application DC 96/6/P/RM (Kitchener-Wilmot Hydro) requesting approval for the demolition of two single detached dwellings located at 201 & 205 Patricia Avenue legally described as Lot 45 & Part Lot 46, Registered Plan 739 be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. That the Draft Guideline for the Preparation of Environmental Impact Statements prepared by the Regional Planning and Culture Department be endorsed by Kitchener City Council. That the request of Q-Lube Ontario Inc., 130 Dearborn Place, Waterloo, be approved and a variance granted to the City's Sign By-law in respect to 3rd party advertising so as to allow for the Q-Lube blimp to temporarily be flown for several hours from the property of Kinwalt Investments Limited, 741 King Street West, Kitchener, during the Oktoberfest Parade on Monday, October 14, 1996. COMMUNITY SERVICES COMMITTEE - That the two park areas in Ward 10, one bounded by the Detweiler Greenway and the other having frontage on Bankside Drive, be named Detweiler Park and Bankside Park respectively. OCTOBER 15, 1996 COUNCIL MINUTES - 459- CITY OF KITCI:IENER COUNCIL MINUTES OCTOBER 15, 1996 - 459- CITY OF KITCI:IENER 10. REPORTS ADOPTED BY COUNCIL That the Mayor and Clerk be authorized to sign an agreement with Terry Haggith that would permit him to continue to seasonally operate the boat concessions in Victoria Park, from May 1, 1997 to October 9, 1999 inclusive, all of which shall be subject to the approval of the City's Legal Department. That the City of Kitchener host the 29th Annual Athletic Awards Banquet on or about February 27, 1997, utilizing the same format as the 1996 Banquet, and further, That the same amount of funds be included in the 1997 budget as in the 1996 budget in order to recognize an estimated 300 athletes. That the City of Kitchener pay one half of the cost of a wooden fence at 39 Anthony Place, to a maximum of $401.25; with the fence to be constructed by the property owner, on their own lands, in conformance with the height restrictions detailed in the City's Fence By-Law, and further, That the funds for this fence be allocated from the Parks and Recreation Department walkway fencing index set up for the administration of the walkway fencing policy, and further, That the owner of 39 Anthony Place be required to enter into an agreement with the City of Kitchener for the future maintenance of the fence. That Council support the concept of providing beer service to dressing rooms for adult events at the Kitchener Memorial Auditorium Complex. That the City take no action, at this time, relative to exercising an option to apply for a stadium licence to serve alcohol in the tiered seating area of the Kitchener Memorial Auditorium Complex during Kitchener Ranger hockey games. That staff be directed to develop a report that would include a complete analysis of alcohol service in other facilities during O.H.L. games this season and also a recommendation from the Kitchener Ranger Hockey Club regarding tiered seating alcohol service. That the 5 kilometre trail, formerly the Grand River Railway Line, linking downtown Kitchener and Victoria Park to uptown Waterloo and Waterloo Park be officially named "Iron Horse Trail". That the Boards of the K-W Art Gallery and the Homer Watson House and Councillors T. Galloway and M. Wagner review the operations of the Homer Watson House and Gallery, and further, That the focus of the review shall be to determine how the operations of the Homer Watson House and Gallery could be blended with that of the K-W Art Gallery, subject to an agreement with the K- W Art Gallery, to bring about long-term financial savings and operational efficiencies, while keeping both operations distinct, effective and efficient and continuing the legacy of Homer Watson's creative spirit through the enjoyment and practice of the visual arts at the House and Gallery, and further, That the report of this Committee be presented to the Community Services Committee at their meeting of November 4, 1996. That consideration of the 1997 grant for the Social Planning Council of Kitchener-Waterloo be deferred to the Community Services Committee meeting of October 21, 1996. COMMUNITY SERVICES COMMITTEE - CONT'D 11. That the City of Kitchener grant to the Kitchener Horticultural Society be reduced by $10,000 in 1997, and further, OCTOBER 15, 1996 COUNCIL MINUTES -460- CITY OF KITCI:IENER COUNCIL MINUTES OCTOBER 15, 1996 - 460- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL That Councillor M. Wagner and Mr. T. Clancy, General Manager of Parks and Recreation, meet with the board of the Society to investigate and implement ways in which the Parks and Recreation Department can work more closely with the Society to bring about positive changes that will reduce the operating costs, while maintaining the Gardens as an attraction to the local citizens and tourists. FINANCE AND ADMINISTRATION COMMITTEE - That no action be taken on the request of Reverend Rutledge, Paster of the Good Samaritan Community Church, for relief from penalty and interest charges on property tax arrears for 527 Pioneer Tower Road, a property in which the Church has a financial interest. That 2.15 acres of vacant land described as Part of Lot 71, German Company Tract, situated on Bloomingdale Road be declared surplus to the City's needs, and the Land Purchasing Officer be directed to dispose of the land, which is zoned R-3 permitting single family homes on 45 foot lots, and present an offer to Council for acceptance. That the City of Kitchener endorse the following option with respect to the funding of Grand River Conservation Authority (GRCA) Capital Projects within the City of Kitchener, effective January 1, 1997: a) a shared Regional/area municipality funding formula whereby the City would assume the 60% share of the projects previously funded by the Province and the GRCA, and the Region would retain its 40% contribution; b) the GRCA will act in an advisory capacity to the Region and area municipalities for all watershed management capital projects. That unless the issue of direct election of Kitchener representatives to Regional Council has been dealt with by this Council prior to the 1997 election, the issue of how the City will provide for such direct election will be listed for consideration on the first Finance and Administration Committee agenda of the new Council. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That staff of the Department of Public Works be instructed to review the 10 Year Capital Forecast and consider the possibilities of moving the work scheduled for Duke Street East and the surrounding area to a date earlier than 2,003, and further, That consideration be given to the installation of grass or some other suitable surface in the boulevards along Duke Street East, and further, That Mr. S. Gyorffy be designated as the staff contact person to meet with representatives of the area. That, in order to mitigate future risks of inferior workmanship and poor construction practices related to water services to residential homes, the City of Kitchener modify its existing standards and specifications as follows: flared fittings will be deleted as an approved fitting for water services; water and sanitary sewer laterals are to be extended a minimum of 2 metres past the property line during subdivision servicing; PUBLIC WORKS AND TRANSPORTATION COMMITTEE - CONT'D OCTOBER 15, 1996 COUNCIL MINUTES - 461- CITY OF KITCI:IENER COUNCIL MINUTES OCTOBER 15, 1996 - 461- CITY OF KITCI:IENER 2. (Cont'd) REPORTS ADOPTED BY COUNCIL curb stops will be relocated to a point that will position the valve in line with the sidewalk; site specific certification will be instituted for engineering consultant inspection services; the specifications for water service boxes will be modified to include a minimum adjustment range and to more specifically define blocking requirements; the protection of curb stops during construction will be improved. COUNCIL MINUTES OCTOBER 15, 1996 - 462 - 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. Licenses It was resolved: "That the Country Hills Recreation Association, 367 The Country Way, Kitchener, N2E 2S3, be granted permission to operate a refreshment stand at the Country Hills Community Centre, Kitchener, on November 3, 1996, provided that the necessary Licence and Health and Fire approvals are obtained; and further, that the nominal fee of $1.00 be charged." -and- "That the Kitchener-Waterloo Skating Club be granted permission to operate a refreshment stand, in front of the Zehrs at Zehrs Hiway Market, Kitchener, on October 24- 27, 1996, inclusive, provided that the necessary Licence and Health and Fire approvals are obtained, and the nominal fee of $1.00 be applicable." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Catholic Family Counselling Centre, 70 Weber Street West, Kitchener, N2H 3Z3, to conduct a Monte Carlo event at Golf's Steakhouse, 598 Lancaster Street West, Kitchener, on November 18-20, 1996, inclusive." -and- "That Mr. Duong Vong be granted a Body Rub Parlour licence, for 622 Charles Street East, Kitchener for the year 1996, and further; That Mr. Chi Cam Phung be granted a Massagist licence for the year 1996." 2. Execution of Enqineerinq Aqreement - WEST WARD 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 MTE Consultants Inc., regarding Proposed Eastforest Trail and Detweiller Greenway Extension, E96-66." 3. Taq Day It was resolved: "That the City of Kitchener approves of the Air Cadets from 822 Squadron Breslau, 530 Squadron Waterloo and 80 Squadron Kitchener conducting Tag Days at various malls, outlets and businesses in Kitchener on Friday, October 25, 1996 and Saturday, October 26, 1996." COUNCIL MINUTES OCTOBER 15, 1996 - 463 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 4. Self Funded Leave of Absence Councillor Jake Smola questioned whether the City employee requesting leave will be replaced, and Mr. Gazzola replied that he did not have all the details, though if a replacement is required, the budget would not be affected. Councillor Smola indicated that he would like an impact report for request of this type, and suggested that staff should monitor these on an on-going basis. Councillor M. Yantzi suggested that the Self Funded Leave Program is a sound one, and is a way for the City to both save money and provide staff with opportunities. It was resolved: "That City Council approve the terms and conditions contained in the Self Funded Leave of Absence Contract between the Corporation of the City of Kitchener and William Sleeth. Further, that the Mayor and Clerk be authorized to execute any documentation arising therefrom." 5. Committee of Adjustment - Variance to Municipal Code, Chapter 630 (Fence) FAIRVIEW WARD Ehrenfried and Helen Werner were in attendance in support of the Committee of Adjustment decision. It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of October 1, 1996, recommending approval of Submission No. F 6/96 Ehrenfried & Helen Werner - Be Ratified and Confirmed." 6. Grand River Conservation Authority Sale to City - STANLEY PARK WARD It was resolved: "That the City of Kitchener accepts the offer from the Grand River Conservation Authority to sell to the City, for the nominal consideration of $2.00 plus legal costs and any disbursements, part of its property adjacent to 138 Ebydale Drive, legally described as Part of Lot 120, German Company Tract, composed of .2902 hectares. Further, that the Mayor and Clerk are hereby authorized to execute any documents related to this matter as approved by the City Solicitor." 7. Governance Resolution - Passed September 26, 1996 Council was in receipt of a draft letter prepared by R. W. Pritchard, Commissioner of General Services & City Clerk, for review prior to forwarding to the Regional Municipality of Waterloo. Mr. Pritchard pointed out that the second line of the letter should be changed to remove the word "exacted" and substitute "enacted". It was resolved: "That the draft letter from Mr. R.W. Pritchard to the Regional Clerk appended to the agenda this date concerning changes to the wording of the Governance resolution passed by Regional Council on September 26, 1996 be forwarded as submitted, subject to the word 'exacted' on the second line being replaced with 'enacted'." COUNCIL MINUTES OCTOBER 15, 1996 - 464 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - CONT'D 8. Lottery Licence Fee Refund Request It was resolved: "That the request of the Canadian National Institute for the Blind for a partial refund in the amount of $1,632.00 regarding Lottery Licence #M364978 be approved, subject to documentation being provided by the ticket Supplier/Manufacturer detailing the number of boxes printed and shipped, printed but not shipped, or the number of tickets returned." 9. Finance Committee - Operatinq Budqet Review - Request to Chanqe Dates Dealt with under Unfinished Business. 10. Tenders Dealt with under Delegations. Mr. R.W. Pritchard advised of the following items to be added to the Committee of the Whole agenda of this date. 11. Easement over City Lands - Gateway Park Drive (Beaconridqe Developments Inc.) Council was in receipt this date of a memorandum from Mr. G. Andersen, Land Purchasing Officer, dated October 15, 1996 recommending acceptance of an offer. Mr. R.W. Pritchard added that the Legal Department is requesting additional wording be added to the recommendation as follows: "..., and that the Mayor and Clerk be authorized to execute a transfer of easement in a form to be approved by the City Solicitor." It was resolved: "That the City of Kitchener accept the offer of $5,000, exclusive of tax and any costs, from Beaconridge Developments Inc. to acquire an easement under City land for the purpose of storm water management, being legally described as Part of Blocks 13 & 14, Registered Plan 1745, designated as Part 1, Plan 58R-10345, and that the Mayor and Clerk be authorized to execute a Transfer of Easement in a form to be approved by the City Solicitor." 12. Monte Carlo Events - Kiwanis Kavaliers/Global Community Centre Council was in receipt of reports from Mrs. J. Koppeser, Manager of Licensing, dated October 10, 1996. It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Kiwanis Kavaliers Drum & Bugle Corps. to conduct a Monte Carlo event at the Howard Johnson Hotel, 1333 Weber Street East, Kitchener, on November 22-24, 1996, inclusive." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Global Community Centre of Waterloo Region, 89-91 King Street North, Waterloo, to conduct a Monte Carlo event at the Four Points Hotel (formerly the Valhalla Inn), 105 King Street East, Kitchener on November 25-27, 1996, inclusive." COUNCIL MINUTES OCTOBER 15, 1996 - 465 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - CONT'D 13. 1996 Massaqist Licences Council was in receipt this date of reports from Mrs. J. Koppeser, Manager of Licensing, dated October 10 & 11, 1996. Council requested a report from Licensing outlining the location of all Body Rub and Massage Parlours in the municipality. Councillor Jake Smola also asked that future reports indicate whether the licence at issue is a new one or a renewal. It was resolved: "That Ms. Susie De Sousa be granted a Massagist Licence for the year 1996." -and- "That Ms. Ania Jasinski be granted a Massagist Licence for the year 1996." -and- "That Ms. Elicia Lynn Zwiep be granted a Massagist Licence for the year 1996."