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HomeMy WebLinkAboutCouncil Minutes - 1996-09-30COUNCIL\1996-09-30 SEPTEMBER 30, 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 Rockway Centre Glee Club under the direction of Helen Weber. Councillor M. Wagner, on behalf of all members of Council, thanked the Club members for their rendition of the National Anthem. On motion by Councillor K. Redman, the minutes of the regular meeting held September 16, 1996, and special meetings held September 16 & 23, 1996, as mailed to the Mayor and Councillors, were accepted. A. COMMUNICATIONS - N I L Mr. Don Craig, President, K-W Oktoberfest, appeared as a delegation accompanied by Oktoberfest musicians as well as Uncle Hans. Mr. Craig pointed out that while Friday, October 11 was the official tapping of the keg relative to opening ceremonies of the 1996 Oktoberfest, there were many other activities of note which he itemized and include: an environmental display with busing provided by Oktoberfest for school children to see the display, opening ceremonies for the Ecological Showcase at 9:15 a.m. on October 7, a kids Oktoberfest on October 12, Oktoberfest celebrations at over 20 schools and Uncle Hans leading the Food Drive. Mr. Craig also noted that again the Oktoberfest was supporting the Pepsi Designated Driver Program, financially supporting additional police service activities and free bus transportation on Kitchener Transit during both weekends of Oktoberfest. He thanked members of Council and City staff for their year long support of the annual festival and advised that the City Clock Tower of the former City Hall has been imprinted on a poster and Oktoberfest coin to commemorate the 1996 Oktoberfest. He then presented Mayor R. Christy with the original sketch that was prepared for the minting of the 1996 Oktoberfest coin. Mayor R. Christy then called on Councillor M. Yantzi to make a few remarks in connection with presentations to be made to Lorna Ferguson. Councillor M. Yantzi commented on the huge success of the Victoria Park 100th Anniversary Celebration held in August this year and requested Ms. Ferguson to come forward and receive awards in this regard. Ms. Lorna Ferguson expressed appreciation to the City of Kitchener for all the support it provided to the 100th Anniversary project and in particular thanked Ms. Lynda O'Krafka for her work as well as all of the sponsors and volunteer committee. She then noted that certain fund raising had taken place in support of the event and called on Ziggy Martuzalsk of Ziggy's Cycle and Sport to present a cheque in the amount of $510 and Garry Williams of the Kitchener Lions Club who also presented a cheque as a contribution to the Victoria Park Anniversary Festival Committee. A video tape of the fireworks display from the celebrations was shown. Mayor R. Christy presented a Certificate of Congratulations to Ms. Ferguson signed by the Premier of Ontario which she accepted on behalf of the Volunteer Committee, as well as a Certificate of Appreciation from Kitchener City Council for her work as Chair of the Victoria Park 100th Anniversary Committee. Councillor M. Yantzi noted that Mr. Rich Mills of the Victoria Park Historical Committee was in attendance and has written a book documenting the history of Victoria Park. Mr. Mills pointed out that the book was published just prior to the beginning of the festival and contains 96 pages and over 200 photographs and illustrations. He thanked all of the parties for their support in this endeavour and noted that the painting "Winter Memories" by Peter Etril Snyder was imprinted on the cover of the book. Mr. Mills then called on Mr. Doug Snyder, brother of Peter Snyder, who presented a cheque in the amount of $1,150 to the Victoria Park History Committee to cover publication costs and history promotion relating to the book. Mr. Mills noted that the Victoria Park Centennial Committee would be continuing its historical research work. Mayor R. Christy again expressed thanks to Ms. Ferguson and Mr. Mills and all those who had a part in the success of the Victoria Park 100th Anniversary Celebration. 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. At the request of Mr. R.W. Pritchard, Council consented to consider an additional Tender T 96-86 for Transit Centre HAVC and Building Renovation, the details of which were contained in a memorandum dated September 27, 1996 from Mr. L. Gordon, distributed this date. Councillor T. Galloway referred to Tender T 96-68 regarding the installation of watermain on King Street East and expressed concern about the ability of the company to do the work and if extra engineering SEPTEMBER 30, 1996 COUNCIL MINUTES - 433- CITY OF KITCI:IENER costs would be incurred by City staff due to a need to provide extra supervision services for the project. Accordingly, he questioned if this might translate into the price of the second Iow bidder actually being cheaper than the price tendered by the Iow bidder. Mr. L. Gordon advised that staff had carried out reference checks in regards to the company and had found no reason not to award the contract. Councillor J. Ziegler also pointed out that all the references in the agenda material seemed to suggest that more site supervision would be necessary. Mr. Gordon commented that staff do not anticipate that any extra supervision that might be required would come close to exceeding the difference between the Iow bid and the second Iow bid. Moved by Councillor G. Lorentz Seconded by Councillor John Smola "That tender T96-77, Automated Building Control System - Transit Centre, be awarded to Accu Temp Cooling & Heating Systems Inc., Waterloo at their tendered price of $176,881. (plus G.S.T.)." - and - "That tender T96-68, King Street East Watermain, be awarded to C.H. Excavating (London) Ltd., London, Ontario at their corrected tender price of $287,085.15 (plus G.S.T.)." -and- "That tender T96-86 Transit Centre HVAC and Building Renovations, be awarded to Sax Construction, Kitchener, at their tendered price of $279,300 (plus G.S.T.)." Carried. Councillor B. Vrbanovic noted that in August the Cities of Kitchener and Waterloo had co-hosted the 1996 Ontario Provincial Lifeguard Championships. In this regard, he presented framed Certificates of Appreciation to Jennie Miller of the Grand River Recreation Complex and Peter Beaudry who acted as Treasurer for the event. Mr. Ron Pinke, Victoria Park Christmas Fantasy Committee, appeared as a delegation along with Mr. Ron Charie to present Council with a report on the 1995 Christmas Program and update Council on the program planned for 1996. A written report was circulated to members of Council which noted that costs of $176,000 were incurred in 1995 which left a $24,000 surplus and that the first of ten $20,000 payments to the City has been made which reduces their outstanding loan to $180,000. He stressed that much of the project was infrastructure in nature and was hidden underground and noted that an additional area will be developed this year from the Park Street bridge to the Pavilion, to the Roos Island Bridge on Roland Street. As well, he pointed out that the program would be tied in with CHYM's Tree of Hope and St. Mary's Hospital Festival of Lights. He expressed appreciation to City Parks & Recreation staff, Rogers Cable T.V. and Kitchener-Wilmot Hydro for their support of the Lighting Program. In response to Councillor M. Wagner, Mr. Pinke advised that the organization has a multi-year plan of development and has also developed a protection plan for the Lighting Program which will be put in place this year. Mayor R. Christy on behalf of City Council thanked all of the sponsors and supporters of the Program for their contribution. Ms. Sharon Tranter, Human Resources Officer, appeared as a delegation to show a video on the International Program of the Federation of Canadian Municipalities. The video documents the experiences and success of the exchange program which the City of Kitchener participated in with officials of Windhoek, Namibia. She briefly commented on the history of Namibia and noted that Windhoek has a well developed municipal infrastructure that lent itself to partnership and paring with various Kitchener staff members that facilitated management and operations training experiences for staff of both Cities. Councillor C. Weylie advised that the Federation of Canadian Municipalities has reviewed Kitchener's Exchange Program and found it to be one of the best partnerships every sponsored by FCM. She expressed thanks to all members of City staff who participated and extended a special thanks to Mr. T. McKay, former Chief Administrative Officer, for the vision and co-ordination that he exhibited which resulted in the success of the program. Moved by Councillor C. Weylie Seconded by Councillor M. Wagner "That Ms. Sharon Tranter be appointed as the official contact person between the International SEPTEMBER 30, 1996 COUNCIL MINUTES - 434- CITY OF KITCI:IENER Office of the Federation of Canadian Municipalities and the City of Kitchener. Carried. Prior to a delegation of residents from Vicmount Drive making their presentation. Councillor C. Weylie advised that she wished to briefly summarize the issues surrounding the complaints that have been received in respect to the operation of the Taco Bell situate in the plaza on Westmount Road between Victoria Street S and Vicmount Drive. She advised that she had met with neighbours respecting their concerns which primarily relate to matters of noise and garbage. She indicated that the problem had two components to it with the first relating to the responsibility of the owner of the plaza to fully develop the property and the other component being the late night operation of the Taco Bell. Councillor Weylie distributed a memorandum dated September 30, 1996 to members of Council that summarized the problems being experienced by the area residents with the petition attached that was received by the Planning & Economic Development Committee at its September 23 meeting as well as, a site plan for the plaza property and an additional plan illustrating the undeveloped portion of the plaza property which has become a nuisance for the residents as a result of late night congregation in that area. She pointed out that the Taco Bell restaurant hours of operation were 10 a.m. to 11 p.m. while the drive through service operates on a 24-hour basis. Ms. Cathy Carons, Marilyn Little and Mary Beth Filiatrault, appeared as a delegation to represent residents of Vicmount Drive to formally present their petition objecting to the distruption the residents are experiencing as a result of the 24-hour operation of the Taco Bell. The petition refers to disturbances in the middle of the night from car horns, car stereos, squealing tires, foul language and other activities that have negative impact on the neighbourhood. Ms. Carons commented that prior to the opening of the Taco Bell the residents considered their street to be a quiet, safe residential area; however, the opening of the drive-through changed this as the residents have experienced property damage and received verbal threats from patrons of the Taco Bell. She advised that they have tried to contact Taco Bell, but were unsuccessful in finding any resolution of the problem and consequently asked for the help of City Council to assist them. She put forward the following suggestions to improve the current situation: closure of the drive-through by 1 a.m., construction of a noise barrier along the Vicmount Road property line, employment by Taco Bell of a private security guard to patrol their property during night time hours and significant improvement of lighting in the undeveloped parking lot adjacent to Taco Bell. On the issue of garbage, she pointed out that there were no garbage containers accessible to vehicles utilizing the drive-through and requested that these be placed in the drive-through lanes as well as around the premises. Finally, she thanked Council for its assistance to date. In response to Councillor T. Galloway, Ms. Little advised that Mr. S. Olynick, General Manager of the store has indicated he would like to meet with residents to discuss the problems and has confirmed that he would be looking into the hiring of a security guard. Also in response to Councillor Galloway, the delegation advised that Taco Bell had been contacted last April and informed about the problem of garbage blowing on to the private residential properties on Vicmount Drive and indicated they were told it would be addressed by the Company, but the problem still exists. In response to Councillor M. Wagner, Ms. Carons indicated that it was only after the television station and City Council were informed of the problem that Taco Bell Management became actively involved in the problem. The delegation then played a video that was taken at 3:30 a.m. on Sunday, September 29 which fully illustrated all of the problems the residents have been encountering. Following the video, the delegation indicated to Councillor C. Weylie that they would be willing to allow her to mediate a meeting of representatives of the residents and Taco Bell. Mr. Jarett Kuepfer appeared as a delegation as a resident of Vicmount Drive and commented that he concurred with all of the remarks made by the residents delegation. He confirmed that while the problem exists every night it tended to be worst from Thursday to Sunday. He suggested that security patrol and police presence would not be enough to deter the yelling and honking of car horns. Another problem which the residents were experiencing were the Iow frequency radio systems of many of the vehicles whose owners patronize the Taco Bell. He commented that Iow frequencies have a long wave length and emit a rumble that creates vibration in nearby houses. He suggested that it would be appropriate for the Regional Police to set up a Ride Program outside of the Taco Bell driveway to address the issue of alcohol which is aggravating the situation and confirmed that the problems for the area residents really got started when the Taco Bell choose to operate 24-hours a day rather than close at 2 a.m. Mr. Scott Olynick, General Manager for the Taco Bell Corporate Unit at Westmount Road and Victoria Street S, appeared as a delegation to respond to the concerns raised by area residents and indicate willingness of the Company to proactively address the problems. Mr. Steve Figliola, Market Manager for Taco Bell of Canada, was also in attendance but did not make a presentation. He advised that he has SEPTEMBER 30, 1996 COUNCIL MINUTES - 435- CITY OF KITCI:IENER met with Councillor C. Weylie and Mr. T. Boutilier of the Department of Planning & Development to discuss the complaints of the residents and that the owners of the plaza have been contacted and requested to complete the unfinished portion of their lands. Mr. Olynick also stated that he has met with Marilyn Little and was anxious to attend the meeting with area residents to resolve the problems. He did point out that the store has a standing order respecting the issue of garbage and would send an employee on request to clean up any of their garbage that may have blown on to adjacent properties. Further, he stated that the Company has a garbage pick up hourly around their premises, that he has given all of the residents in the area a telephone number where he can be reached 24 hours per day and that three additional permanent garbage containers were on back order. Mr. Olynick stated that he has proposed a temporary reduction in operating hours during consideration of the problems raised by the area residents and will be discussing the proposal with management and residents. Members of Council then posed a number of questions to Mr. Olynick. He explained the nature of the incident that was captured on the video seen this evening and suggested that the incident was somewhat exceptional, wherein staff had refused to serve a customer and found it necessary to contact the police. He indicated that Taco Bell had received telephone calls last spring and had addressed different problems but had no idea of the magnitude of the existing problem. Councillor B. Vrbanovic suggested that if there was a problem in the middle of the night the residents must have someone that they can contact with their complaint. It was questioned why the Taco Bell outlet opened 24-hours per day when other nearby establishments do not and the delegation advised that the Company does significant business from its late night operations and that there were many Taco Bell outlets that operated 24-hours per day. Councillor M. Wagner questioned why Mr. Olynick had not contacted the managers of the Companies 24-hour outlets to investigate how they solve their problems with area residents as it was his view similar situations to that in Kitchener were likely encountered. Mr. Olynick indicated that the provision of any security would likely be limited to one or two nights per week for a short number of hours. Councillor B. Vrbanovic questioned if Taco Bell has considered closing the drive-through at night and opening the restaurant instead. Mr. Olynick advised that he would consider any option. Councillor C. Weylie raised concerns as to the time when steam cleaning of the premises and lawn maintenance was taking place and Mr. Olynick advised that while problems were encountered on these matters they were addressed already. Councillor J. Ziegler suggested that the City should investigate what actions it could take under the Noise By-law and if it had the authority to ticket the owner of the premises. Mr. J. Shivas advised that the owner of the business has a responsibility for his operation and was liable in that regard. Mr. J. Shivas explained the enforcement process and that the set fine would be $105 plus the $20 victim surcharge fee and that both police officers and City staff had the authority to ticket, but suggested a police presence would be the best method of ticketing. Councillor J. Ziegler suggested a letter be sent by the Mayor requesting the Chief of Police to step up enforcement activities in the area of the Taco Bell. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That Waterloo Region Police Chief Larry Gravill be requested to step up police patrol and undertake strong enforcement activity to address public disturbance occurring as a result of the late night operation of the Taco Bell fast food outlet in the plaza located at Victoria Street South/Westmount Road, Kitchener." Carried. In response to Councillor G. Lorentz, Mr. T. McCabe advised that the Department of Planning & Development did approve a drive-through in connection with the site plan, but noted that hours of operation were dealt with under the Municipal Act and that Council has the authority to regulate hours of operation only as long as all restaurants were similarly treated in that regard and without discrimination against any individual operator. Mr. J. Shivas indicated that he would like to research other methods of regulation that focus on licensing. Councillor G. Lorentz commented that the property as developed did not represent good planning for the City. Councillor T. Galloway pointed out that this was not the only location causing problems for adjacent neighbourhoods. He questioned what the understanding was regarding the site plan and the eventual hours of operation and why there was not appropriate buffering and also questioned whether the hours of operation would have affected how staff dealt with the site plan. Mr. T. Boutilier commented on the site plan for the 64-seat restaurant and the drive-through and advised that staff dealt with the proposal on the basis that it was considered to be a normal application and would operate similar to any other drive-through. Councillor Galloway suggested that there may be a hole in the planning process involving such 24-hour drive-throughs and that special policies should be applied in zones adjacent to residential areas. Mr. T. McCabe noted that authority was contained in the Municipal Act rather than Planning Act that would allow for increassed standards. Councillor M. Wagner suggested SEPTEMBER 30, 1996 COUNCIL MINUTES - 436- CITY OF KITCI:IENER that as part of the site plan approval process, close attention to buffering and perimeter fencing as well as lighting be undertaken. He suggested that Councillor Weylie might document how the problems in this instance are resolved so as to assist in resolving any similar problems that might occur in the future. Councillor J. Ziegler recommended that the City develop a more efficient noise by-law so as to make it easier for residents to complain and achieve enforcement under the by-law. Accordingly, he suggested that Legal Department be asked to propose a way to expedite the noise by-law enforcement. Councillor C. Weylie noted that the owner of the plaza had until November 16, 1996 to complete the site development agreement and proposed a motion to ensure that this takes place. Mr. J. Shivas confirmed that there was security in place to ensure completion of the site and concurred that the owners could be asked to complete their obligations and if they failed to do so, the City could cash the Letter of Credit. Moved by Councillor C. Weylie Seconded by Councillor G. Lorentz "That the owners of the plaza at Victoria Street South and Westmount Road be advised that the City of Kitchener requests all outstanding site works to be completed by November 16, 1996 in accordance with the Development Agreement and that staff clearly indicate that in the event the installation is not completed by November 16, 1996, staff will proceed to make the necessary arrangements through the City's Legal Department to have the Letters of Credit cashed and site works completed." Carried. Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic "That the City Solicitor be requested to consider alternative ways of improving the City's Noise By- law so as to facilitate the process under which citizens register a complaint, outline required procedures and forms and prepare a report for consideration by the Finance and Administration Committee." Carried. At this point, Councillor C. Weylie left the meeting for a period of time to meet with representatives of the Vicmount Drive residents and officials of Taco Bell. Ms. Anne Wein and Dr. Ron Pace appeared as delegations representing the staff and community to oppose the closure of any acute care facility in the community particularly as it relates to proposed closure of St. Mary's Hospital. A package of information was distributed containing information on various aspects and statistics relating to the operation of St. Mary's Hospital, needs of the community and a listing of key contact people. Ms. Wein commented on the funding reduction by the Ministry of Health which requires the community to reduce its health care expenditures by $25,000,000 by 1999 and noted that St. Mary's share was $7,000,000 over three years. She stated that in earlier studies St. Mary's Hospital has been found to be one of the most efficient in its service delivery which makes the closure proposal questionable. Ms. Wein noted that the Region will experience rapid growth over the next ten years and that the community population was actually larger than statistics would indicate when the university student population of 28,000 persons was included. Further, she pointed out that the growing percentage of seniors would actually increase the need for acute care facilities. Finally Ms. Wein suggested that European business investors that have an interest in the community would likely be asking some hard questions as to whether or not their economic development proposals made sense in a community with inadequate health care facilities. Dr. R. Pace advised the committee that he was a general surgeon operating from both St. Mary's and K- W Hospitals and that he was secretary of the K-W Academy of Medicine. He stated that the Provincial government was playing a numbers game with health care dollars as it relates to this community and pointed out that over five years ago, our local hospitals undertook budget cutbacks with the consequence being to date that spending of health care dollars in this community is 30% less than other communities in the Province on a per capita basis. He suggested that the two local hospitals were leaders in the provision of efficient services and noted that they have been used as models of efficiency. He stated that one hospital could not manage the community's future health care needs and asked for help and support to overcome a gross mis-justice that was being carried out by the Health Minister. In response to Councillor T. Galloway, Ms. Wein advised that her group had received extremely strong support from the community for its campaign to save St. Mary's Hospital and would be presenting a SEPTEMBER 30, 1996 COUNCIL MINUTES - 437- CITY OF KITCHENER petition with 70,000 names on it that was gathered in a very short time to the Provincial government on October 2. She advised that on Sunday, October 6, a candlelight walk was planned from City Hall to St. Mary's Hospital at which time a human chain of support would be formed around St. Mary's Hospital. Mayor R. Christy advised that he had spoken with Mr. David Graham on the entire matter and that he personally was overwhelmed by the support the community has put forward to the saving of St. Mary's Hospital. Councillor M. Wagner noted that the community was 60 doctors short of its requirement and questioned what the negative impact would be if St. Mary's Hospital closed. Dr. Pace advised that health care services are in the process of unravelling and confirmed that the area was under-serviced with physicians. He suggested that the likely outcome would be that family doctors would relinquish their privileges at the hospitals and there would be increasing problems over the next six months. Councillor M. Wagner publicly questioned the mathematics of savings that have been suggested as justification to meet the reduction in budget grants from the Provincial government. Dr. Pace stated that the Health Minister was playing games with the health care system to the point that it would crack the system. It was noted that the petition that was being delivered to the Provincial government would remain at all area malls, major food outlets and doctors offices for signature by community supporters. In response to Councillor B. Vrbanovic the delegation indicated that they would be meeting with Mr. G. Leadston and Mrs. E. Witmer, local area M.P.P.'s on October 2. A video depicting the services of St. Mary's Hospital was then shown. Councillor T. Galloway commented that the present budget reduction action strikes at the fabric of the community and that the second round of Provincial budget cuts was completely short-sighted on the part of the Provincial government. Councillor T. Galloway indicated that he would propose a motion regarding the historic under-funding of acute care services in the Region which Councillor K. Redman indicated she would second based on the huge structural changes that have already taken place locally. Councillor M. Wagner questioned the direction of the Provincial government as to whether in fact the Province of Ontario was really open for business and suggested that the proposal to close St. Mary's Hospital as a result of Provincial funding reductions was simply bad business. He referred to the fund- raising and expenditures that have have been made to upgrade St. Mary's Hospital and the necessity to repeat such improvements in another location as being wasteful and a bad business decision. Finally, he suggested that the Provincial government was following a policy that puts segments of the population in conflict with each other. Councillor B. Vrbanovic stated that the present Provincial government was elected on a program to reduce the cost of government but did not have a mandate to destroy the fabric of the Province. He also noted that the local hospitals operate on a much less per capita cost basis than the Provincial average and strongly recommended that a message be sent to the Province in this regard. Councillor G. Lorentz commented that budget reductions had been going on for a number of years and that only now has the media received the message in this regard and put it out to the public and expressed disappointment in this pattern of reporting. Further, he stated that the Region was an area of the Province that currently was driving economic recovery of the Province and the actions of the Provincial government were negative to this. Moved by Councillor T. Galloway Seconded by Councillor K. Redman "That the Council of the City of Kitchener is adamantly opposed to the historic underfunding of acute care services in the Region and intends to work proactively with the community to petition the Provincial government to provide adequate funding for acute care services as well as addressing the gaps of service in such areas as oncology and mental health and further, That this resolution be sent to the Honourable Michael Harris, Premier of Ontario; the Honourable Jim Wilson, Minister of Health; the Honourable Elizabeth Witmer, Minister of Labour, Waterloo M.P.P.; Gary Leadston, Kitchener-Wilmot M.P.P., and Wayne Wetlauffer, Kitchener M.P.P." Carried. Mr. Roy Evans appeared as a delegation on behalf of ABC Rentals in support of a request dated September 26, 1996 to City Council for a two extension of his mobile sign permit. He noted that the request was based on the fact that Courtland Avenue has been closed between Madison and Stirling for several weeks and has resulted in some financial losses. Moved by Councillor M. Yantzi SEPTEMBER 30, 1996 COUNCIL MINUTES - 438- CITY OF KITCI:IENER Seconded by Councillor J. Ziegler "That the request of Mr. Roy Evans on behalf of ABC Equipment Rentals for a two month extension of their mobile sign permit at 63 Courtland Avenue East be approved." Carried. Ms. Trudy Beaulne appeared as a delegation in regard to clause 3 of the report of the Finance and Administration Committee of this date. The Committee at its September 23 meeting had deferred action on the request of the Mount Hope Breithaupt Park Neighbourhood Association for the showing of moving pictures. Ms. Beaulne presented a submission detailing the proposal of the Association which was considered by the Committee. The Committee was also in receipt of reports from the Manager of Licensing and the Legal Department on the request as it relates to issues of concern and required approvals. Mr. J. Shivas noted that the appropriate Provincial licence has to be acquired prior to any movies being shown. Ms. Beaulne also requested approval of a refreshment stand as outlined in her submission. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That clause 3 of the report of the Finance & Administration Committee of this date be amended and replaced with the following resolution: 'That we approve the following requests of the Mount Hope-Breithaupt Park Neighbourhood Association, c/o Trudy Beaulne, Chairperson, with respect to activities at the Breithaupt Community Centre, 350 Margaret Avenue, Kitchener, Ontario: a) that the Association obtain the required provincial licence to operate projection equipment in connection with their showing moving pictures on a weekly basis from September 1996 to May 1997 b) that the Association be granted permission to operate a refreshment stand in connection with the showing of moving pictures on Fridays between the dates October 4-25 and November 8-December 6, 1996, provided the necessary licence and health and fire approvals are obtained."' 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." Councillor T. Galloway referred to clause 4 of the report dealing with fill line mapping registration and noted that members of the Environmental Committee, City Council and City staff had met with the Environmental Commissioner of Ontario last week and as a result of that meeting there was a better understanding of the activity of the Commissioner's office. Consequently, a motion by Councillor Galloway, seconded by Councillor Jake Smola to amend clause 4 so as to include circulation to the Environmental Commissioner of Ontario was Carried. The report was then put to a vote. Voted on clause by clause. Clause #4 - Carried (As Amended). Balance of Report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee (September 16, 1996 meeting) be adopted." COUNCIL MINUTES SEPTEMBER 30, 1996 - 439- CITY OF KITCI:IENER Carried. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner "That the report of the Finance and Administration Committee of this date be adopted." A motion by Councillor J. Ziegler, seconded by Councillor M. Wagner to revise the report so as to add an additional clause 5 with respect to the Body Rub Parlour licence held by Elisabeth Szenyi was Carried. The report as revised was then put to a vote. Voted on clause by clause. Clause 3 - Dealt with under Delegations and Carried. Balance of Report - Carried. Moved by Councillor M. Wagner Seconded by Councillor T. Galloway "That the report of the Local Architectural Conservation Advisory Committee of this date be adopted." 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." A motion by Councillor B. Vrbanovic, seconded by Councillor John Smola to amend clause 4 of the report by removing the words "in principle" was Carried. The report was then put to a vote. Voted on clause by clause. Clause 4 - Carried (As Amended). Balance of Report - Carried. As a matter of public information, Councillor John Smola advised that a pamphlet would be available in approximately one week that would inform residents of the dates of leaf pick up this Autumn. Councillor G. Lorentz expressed dissatisfaction with the decision of the Waterloo Regional Council in which the representation from the City of Kitchener on the Region was reduced from nine members to seven members. He noted that the City of Kitchener funds 42% of the Region's operations and suggested that the decision should have been different. He also suggested that it was his view that Kitchener's Regional Councillors let their constituents down on the representation issue and that ultimately there would be significant impacts on the City. Councillor J. Ziegler disagreed with Councillor Lorentz's position and stated that the decision of Regional Council was justifiable based on the population. He recommended that Kitchener attempt to deal with this issue now so as to implement the change with the 1997 municipal election and asked that a meeting of Council be called to consider alternatives for direct election to the Region. Mr. R.W. Pritchard advised that local Councils might be able to make decisions on representation if the new Municipal Elections Act was to allow for such authority. He understood the Regional Solicitor was attempting to obtain the necessary wording as an amendment to the Regional Municipality of Waterloo Act. Councillor J. Ziegler maintained that Kitchener City Council should at least have a position on the issue and Mayor R. Christy indicated that he would call a meeting in this regard. Councillor G. Lorentz suggested that the end result might be confusion of the electorate and recommended that Kitchener Council's decisions be based on the existing legislation which requires Ontario Municipal Board approval of any change in electoral representation. Mr. Pritchard indicated that staff would develop possible alternatives that could be implemented easily for consideration at a future Council meeting. COUNCIL MINUTES SEPTEMBER 30, 1996 - 440- CITY OF KITCI:IENER Councillor K. Redman announced that a neighbourhood Volksmarch (People's Walk) was being held on Sunday, October 6, 1996 from 2 p.m. to 4 p.m. which will follow the new proposed community trail along the old C.P. Rail line from the First Mennonite Church on King Street East to Victoria Park and back through the Centre Ward. Councillor T. Galloway advised that the meeting date at which the Planning and Economic Development Committee would consider applications in the Pioneer Tower West area had been changed to November 25, 1996. Councillor G. Lorentz informed members of Council that a meeting was being held at City Hall on Thursday, October 3 with representatives of all parties with an interest in the Ralgreen Crescent Methane Gas issue. Mr. John Gazzola advised Council that Geon Canada Inc. has now agreed to take up its option to acquire the former Epton Industries site. He indicated that Company officials had asked him to pass the following comments of Geon along to City Council: that Geon was appreciative of the City's assistance; that Geon intends to proceed expeditiously in cleaning up the site; that it is Geon's intention to keep the public informed on demolition and clean up issues. Mayor R. Christy commented that he had received calls from taxpayers questioning the City's action in writing off outstanding taxes of Epton and clarified that there was no possibility of collecting back taxes and that the building had no value and would have in the end cost the City more than the amount of the taxes that have been written off. Councillor M. Wagner advised that a National Heritage Conference was being held in Prince Edward Island during October and that City staff have been asked to make presentations at the conference on the City's policies with regard to scenic roads and adapative re-use of vacant industrial buildings. Moved by Councillor M. Yantzi Seconded by Councillor M. Wagner "That leave be given the Mover and Seconder to introduce the following by-laws, namely: 6. (Cont'd) (a) Being a by-law to adopt Amendment No.6 to the Municipal Plan - H. Snider & E. Malleck - Church Street - MPA 961021CIZJ (b) Being a by-law to amend By-law 85-1 - H. Snider and E. Malleck - Church Street - No. 96/08/C/ZJ (c) 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 K. Redman as Chair. On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. Moved by Councillor K. Redman Seconded by Councillor B. Vrbanovic "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor M. Yantzi Seconded by Councillor M. Wagner "That the by-laws listed on the agenda for third reading, namely: SEPTEMBER 30, 1996 COUNCIL MINUTES -441- CITY OF KITCI:IENER (a) (b) (c) Being a by-law to adopt Amendment No.6 to the Municipal Plan - H. Snider & E. Malleck - Church Street - MPA 96/02/C/ZJ (By-law No. 96-146) Being a by-law to amend By-law 85-1 - H. Snider and E. Malleck - Church Street - No. 96/08/C/ZJ To confirm all actions and proceedings of the Council (By-law No. 96-147) (By-law No. 96-148) 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 due to lack of agreement on fair market value, no action be taken at this time respecting Lane Application 96/1NNL submitted by Hallman Idlewood Limited, as described in Planning and Development Staff Report PD 96/61 - proposed closure of a portion of Vanier Drive, formerly Fulton Street. That the proposal submitted by Brystra Consultants, Waterloo to analyze details and benefits of an Economic Twinning Agreement between the Cities of Kitchener and Waterloo with the Princeton/New Brunswick area of New Jersey be approved at a total cost not to exceed $7,500 to be shared 50/50 by Kitchener and Waterloo, and further, That Kitchener's cost up to $3,750 be expended from the 1996 Marketing Budget of the Economic Development Division. That City Council approve the following proposed street name for Draft Plan of Subdivision 30T- 93007 (DGF Investments Ltd.): Street A - Treeline Place That City Council inform Gary Leadston, Kitchener-Wilmot MPP, Wayne Wettlaufer, Kitchener MPP and Elizabeth Witmer, Waterloo MPP, of its concern with the substantial delay at the provincial level and the potential jeopardy of the Fill Line Mapping registration for the Strasburg Creek Watershed and request their assistance in expediting such registration for this critical natural area and further, that this concern be expressed directly to the Minister of Natural Resources and to the Environmental Commissioner of Ontario. (As Amended). That the Department of Planning and Development be authorized to retain a Consultant with expertise in Retail and Market Analysis to conduct a peer review of the Market Impact Assessment prepared by W. Scott Morgan in support of Municipal Plan Amendment Application 96/6/S/CL (245 Strasburg Road); and further, That the Department of Planning and Development be authorized to overexpend their budget by a maximum of $6,000.00 in order to complete said peer review. A) That City Council rescind the current Council Policy 1-740 regarding Storm Water Management Design, and adopt in place thereof, the principles contained in the document "Design Principles for Storm Water Management Facilities, City of Kitchener, August, 1996" as outlined below: FOP, PLANS OF SUBDIVISION AND SITE PLANS 1) In recognition of diverse development conditions, consideration by the City of Kitchener will be given to all innovative approaches and/or techniques that can be demonstrated to meet its storm water management objectives. 2) a) Storm water management areas for subdivisions will be on lands conveyed at no cost to the City in addition to any lands required to be dedicated for park purposes under the Planning Act. Construction costs will be borne by the owner while long term maintenance of the storm water management facility will be borne by the City. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 6. Cont'd b) Storm water management areas, subject to site plan approval, will be on lands SEPTEMBER 30, 1996 COUNCIL MINUTES - 443- CITY OF KITCHENER COUNCIL MINUTES SEPTEMBER 30, 1996 - 443- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL retained by the owner. All costs associated with the construction and continuing maintenance of storm water management facilities shall be borne by the owner. 3) Storm water management DRY PONDS shall be designed to limit the maximum depth of water to 1.8m above the lowest point of the storm water basin. An additional 0.3m freeboard is required above the maximum peak flow flood level. The maximum depth of the extended detention zone shall not exceed 1.0m above the lowest point of the pond. (see figure 1 ). a) A maximum 5:1 slope shall extend from the bottom of the pond to the limit of maximum extended detention, with a minimum horizontal length of 3.0m. The minimum allowable gradient on the bottom of the basin shall be 1.0% and the maximum gradient shall be 5.0%. 4) Storm water management WETLANDS shall be designed to limit the maximum depth of water to 2.1m above the lowest point of the storm water basin excluding micropools. An additional 0.3m freeboard is required above the maximum peak flow flood level. The maximum depth of the extended detention zone shall not exceed 1.0m above the permanent pool elevation. Maximum peak flow attenuation zone shall not exceed 1.8m above the permanent pool elevation. The permanent pool depth shall range between a minimum depth of 0.15m to a maximum depth of 0.3m (see figure 1 ). a) A maximum 5:1 slope below the permanent pool level shall be permitted around the entire storm water management pond. b) A maximum 5:1 slope above the permanent pool level shall be permitted around the entire storm water management pond. The slope shall extend from the permanent pool level, to the limit of maximum extended detention. The horizontal distance of this slope must be a minimum of 3.0m. c) MICROPOOLS shall not exceed an additional maximum depth of 0.3m below the permanent pool level. Micropools shall not exceed 5% of the total wetland permanent pool surface area (see figure 2). 5) Storm water management WET PONDS shall be designed to limit the maximum depth of water to 3.3m above the lowest point of the storm water basin. An additional 0.3m freeboard is required above the maximum peak flow flood level. The maximum depth of the extended detention zone shall not exceed 1.0m above the permanent pool elevation. Maximum peak flow attenuation zone shall not exceed 1.8m above the permanent pool elevation. The permanent pool depth shall range between a minimum depth of 1.0m to a maximum depth of 1.5m (see figure 1 ). a) A maximum 5:1 slope below the permanent pool level shall be permitted around the entire storm water management pond. The horizontal distance of this slope must be a minimum of 3.0m. A slope commencing from this point to the lowest point of the storm water basin shall be a maximum of 3:1. b) A maximum 5:1 slope above the permanent pool level shall be permitted around the entire storm water management pond. The slope shall extend from the permanent pool level, to the limit of maximum extended detention. The horizontal distance of this slope shall be a minimum of 3.0m. 6) FOREBAYS are required for all of the above described storm water management facilities. The permanent pool depth shall range between a minimum depth of 1.0m to a maximum depth of 1.5m in which a maximum depth of 0.5m shall be used for sediment accumulation. Forebays shall not exceed 33% of the total Wet Pond surface area and PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) SEPTEMBER 30, 1996 COUNCIL MINUTES - 444- CITY OF KITCHENER COUNCIL MINUTES SEPTEMBER 30, 1996 - 444- CITY OF KITCHENER 6. Cont'd REPORTS ADOPTED BY COUNCIL 20% of the Wetland permanent pool surface area. All other aspects regarding the design of forebays shall conform to the above Wet Pond standards. Excluding maintenance access routes, all access to forebays shall be discouraged through shrub plantings (see figure 3). 7) From the point of maximum extended detention, to the lower limits of the "Safety Separation" area or property line where it abuts private property, slopes shall vary between 2:1 to 6:1 and have a maximum average slope of 4:1, not including the maximum 10:1 maintenance access slope. 8) Native and non-invasive trees, shrubs, ground covers and aquatic plants are required in a Iow maintenance landscape design which has regard for the ecology of the site and the eco-region. (see appendix A). 9) For Wet Ponds and Wetlands, all slopes 5:1 and steeper ranging from a minimum horizontal distance of 3.0m from the permanent pool level to the property line (not including walkways and trails) shall be planted. For Dry Ponds, all slopes 5:1 and steeper ranging from a minimum horizontal distance of 3.0m from the pond bottom level to the property line (not including walkways and trails) shall also be planted. Incorporating a wide range of slopes and ponding depths into facility design that conform to the design principles is strongly encouraged and desirable in order to facilitate a wide range of flora and fauna habitat conditions. 10) Where trees are to be planted, they must be planted at a minimum rate of 1 tree (40mm cal.) per 50 square metres. The density of shrub plantings, for safety purposes, shall vary depending on the degree of slope. Shrub plantings shall prevent public access on all 2:1 slopes and discourage access on all 3:1 slopes. 100% density equals 1 shrub per square metre, 25% density equals 1 shrub per square metres. The purpose of the bar scale is not to encourage repetitive landscape design but to act as a relative guide to associate shrub plant densities with the appropriate slope. Note: (Original report contains illustration of Coverage Intensity of Shrub Plantings). 11 ) Designed pedestrian access areas shall not exceed a maximum slope of 6:1. 12) Fencing of storm water management facilities shall be discouraged; however it may be required as determined by the City. 13) Notwithstanding 2, 2(a), 3, 3(a), 3(b), 3(c), 4, 4(a), 4(b), 5 and 11 above, in the case of headwall designs, the depth of water related to adjoining side slopes may vary and fencing is required for safety purposes. 14) That in all cases, implementation of these principles shall have regard for approved Watershed, Sub-Watershed and Master Drainage Plans. 15) Areas subject to the collection of contaminants or spills shall be fitted with adequate oil/grit separators. FOR SUBDIVISION ONLY: In addition to clauses 1 to 14 the following principles shall apply to subdivision only: COUNCIL MINUTES SEPTEMBER 30, 1996 - 445- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 6. Cont'd 16) That a Landscape Plan of the storm water management facilities be approved by the Manager of Community Arenas, Athletic Design and Development prior to the registration of the Plan of Subdivision. All landscaping of areas above the 5 year storm level shall be installed at the subdivider's cost, in accordance with the approved plan, during the first planting season after occupancy of the first unit. The remainder of the planting shall commence at such time as required by the Manager of Community Arenas, Athletics Design and Development. The subdivider shall maintain the planting for a period of one year from the completion of final planting. Landscape plans are to be prepared by an Environmental Professional acceptable to the Municipality. (see appendix A for native shrub and tree selection). 17) In the event that a community trail has been identified and/or required by the City in the vicinity or adjacent to a storm water management pond, they shall be implemented above the maximum extended detention level or 5 year storm level, which ever is greater, in order to prevent frequent flooding. Trails shall have a minimum width of 3.0m. 18) To enhance user comfort and safety, a 3.0m zone on each side of the community trail shall be designed in such a way that sightlines are preserved. If barriers are required, they must not interfere with visibility or create entrapment areas. In situations where a community trail is designed within the maximum peak flow depth zone, the 3.0m separation above the trail shall have a maximum slope of 3:1. Below the trail, the 3.0m separation shall have a maximum slope of 6:1. This zone shall be planted with Iow ground covers (see figure 4). Deciduous trees should be planted at a minimum distance of 1.5m from the edge of the trail. Maintenance is required to ensure that tree canopies are raised to a minimum of 2.2m and shrubs must be regularly prevented from naturalizing this zone. The planting of coniferous trees within this zone is not permitted. 19) Maintenance access requirements are to be determined on a site-by-site basis, however, the following general criteria are recommended. Controlled maintenance access routes shall be provided to both inlet and outlet structures and forebays. A minimum 3.0m wide surface to accommodate maintenance vehicles with a minimum 10m turning radius (inside radius) and a flat 10m loading area is required. Maintenance access routes shall not exceed a maximum slope of 10:1. The design of maintenance routes and loading areas shall be to the approval of the Department of Public Works. 20) Prior to the Department of Public Works accepting the storm water management pond as shown on the approved landscape plan, the Subdivider agrees to erect one or more information signs at (a) public access point(s) detailing the purpose of the pond, phone number for further information and any other relevant information, to be approved by the Manager of Community Arenas, Athletics, Design and Development, all at the cost of the Subdivider. 21) In order to prevent surcharging of storm sewers upstream, pond inlet inverts shall not be lower than the maximum extended detention level (see figure 5). 22) Minimize the number of inlets/forebays to one (1) where possible. FOR SITE PLANS ONLY: In addition to Clauses 1 to 14 the following principles shall apply to site plans only: 23) Children's play equipment shall not be permitted within storm water management facilities. 24) Storm water QUANTITY management strategies can be accommodated within parking areas to a limit of 0.3m in depth. COUNCIL MINUTES SEPTEMBER 30, 1996 - 446- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 6. Cont'd 25) Storm water QUALITY management strategies can not be accommodated within parking areas. Oil grit separators may only be used in conjunction with alternate methods for water quality management (i.e. in a treatment train). 26) In cases where storm water management facilities can not be aesthetically accommodated at grade, underground and roof top storage shall be considered as alternatives. 27) Rooftop runoff shall be considered as clean storm water and shall be infiltrated as appropriate. B) That principles 16 and 20 of the attached "Design Principles for Storm Water Management Facilities", dated August, 1996 be included in the City's Standard Residential Subdivision Agreement. COMMUNITY SERVICES COMMITTEE - That the St. Jerome's Centre Feasibility Study be referred to staff, including the Director of Facilities Management, the Heritage Planner and the Downtown Action Team, for a report to be considered by City Council at its meeting of November 12, 1996, and further, That this report include, among other things, what would be required to mothball and secure these buildings until put to their ultimate use, and further, That the report include recommendations as to what role the municipality should play in this project. FINANCE AND ADMINISTRATION COMMITTEE - That December 10 and 16 (if required) be the dates for review of the 1997 Capital Budget by the Finance and Administration Committee, and, That January 8, 10 and 15 (if required), 1997, be the dates for Committee Review of the 1997 Operating Budget, and January 31, 1997 for final consideration of the Capital and Operating Budgets by Council, with all of the 1997 dates subject to any concerns raised by Councillor M. Yantzi. That Council authorize the transfer of $12,636.00 from account #925041 and $2,043.00 from account #925045 to account #925107, in order that these amounts, along with the existing balance of $4,885.00, be used to finance a $16,000.00 replacement hoist at the Transit Garage. That we approve the following requests of the Mount Hope-Breithaupt Park Neighbourhood Association, c/o Trudy Beaulne, Chairperson, with respect to activities at the Breithaupt Community Centre, 350 Margaret Avenue, Kitchener, Ontario: a) that the Association obtain the required provincial licence to operate projection equipment in connection with their showing moving pictures on a weekly basis from September 1996 to May 1997 b) that the Association be granted permission to operate a refreshment stand in connection with the showing of moving pictures on Fridays between the dates October 4-25 and November 8-December 6, 1996, provided the necessary licence and health and fire approvals are obtained. (Dealt with under delegations and carried, as amended) FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) SEPTEMBER 30, 1996 COUNCIL MINUTES - 447- CITY OF KITCHENER COUNCIL MINUTES SEPTEMBER 30, 1996 - 447- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That the current trial period with regard to bingo prize boards, which includes a $3,000.00 prize board and provision of four (4) $5,500.00 bingos per hall, be extended from September 30, 1996 to December 31, 1996 to allow for discussion of the trial by the Twin City Committee. That, with respect to the body rub parlour licence held by Elisabeth Szenyi for Oasis Massage at 1232 King Street East, Kitchener, enforcement of Section 560.3.2 of the Municipal Code be waived and a special condition be imposed to require that advertisements contain the licence number. LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE - That, pursuant to Section 43 of the Ontario Heritaqe Act, we approve the request of the owner to alter the property municipally known as 31 Tilt Drive, located in the Upper Doon Heritage Conservation District, by demolishing the existing kitchen wing and replacing it with a new kitchen addition, in accordance with the plans considered by the Local Architectural Conservation Advisory Committee on September 13, 1996; and further That a photographic record and measured drawings of the existing kitchen wing be prepared prior to demolition. That, pursuant to Section 40 of the Ontario Heritaqe Act, R.S.O. 1990, the City Solicitor be directed to prepare a by-law to define the Pioneer Tower West area as an area to be examined for future designation as a heritage conservation district; and further That the area to be defined shall generally be as shown on the plan considered by the Local Architectural Conservation Advisory Committee on September 13, 1996. That a copy of the by-law, defining the Pioneer Tower West area as an area to be examined for future designation as a heritage conservation district, pursuant to the Ontario Heritaqe Act, be forwarded to the Historic Sites and Monuments Board of Canada for their consideration and recommendation for a designation of national historic significance. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That additional computerized salting units be purchased immediately to equip the entire fleet of salters in preparation for the 1996/97 winter season, and further, That the costs of purchasing the new computerized salting units be funded from the Equipment Reserve Fund, and further, That the estimated City of Kitchener annualized gross savings for winter road salting be reflected in the 1997 Operating Budget of the Public Works Department as part of that Department's cost cutting initiatives relative to the 1997 Pro Forma estimates, and further, That the Regional Municipality of Waterloo be advised of an anticipated reduction in salting costs of approximately $100,000.00 for the 1997 budget/calendar year. That the application guidelines for the salting of crosswalks, as presented to the Public Works and Transportation Committee on September 23, 1996, be provided to all appropriate Operating Staff. That parking be prohibited on the west side of Westheights Drive from McGarry Drive to a point 65 metres south thereof, and further, That the Uniform Traffic By-law be amended accordingly. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) COUNCIL MINUTES SEPTEMBER 30, 1996 - 448- CITY OF KITCHENER COUNCIL MINUTES SEPTEMBER 30, 1996 - 448- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That the pedestrian refuge island located on Franklin Street in front of Sunnyside Home be approved, and further, That parking be prohibited on both sides of Franklin Street between Trafalgar Avenue and Kenneth Avenue, and further, That the Uniform Traffic By-law be amended accordingly. (As Amended). That parking be prohibited on the west side of Williamsburg Road from Westmount Road to the east intersection of Dinison Crescent, and further, That the Uniform Traffic By-law be amended accordingly. That the City of Kitchener endorse the "Proposed Regional Tourism & Essential Services Signing Policy", and further, That an exception be made for the Kitchener Farmers' Market to allow for unique signing for this facility in recognition of its historical significance and key role in Downtown Kitchener. That the Regional Municipality of Waterloo continue to be responsible for the management and maintenance of the "Municipal Traffic Control Signal System" and all costs associated therewith, and further, That all existing signalized locations be retained as part of the "Municipal Traffic Control Signal System", and further, That staff continue to monitor all signalized intersections in the City and only support removal of any facilities where it can be clearly demonstrated that such removal will not detrimentally effect the safe and efficient operation of the intersection or negatively impact the community at large. That a pedestrian refuge island be installed within the pedestrian crossover on Kingsway Drive, and further, That an over-expenditure of $4,763.00 of Account #950451 (Sign Placement) be approved for the provision of additional flashing lights and a pedestrian push button in the refuge island. COUNCIL MINUTES SEPTEMBER 30, 1996 - 449 - 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. Execution of 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 Paragon Engineering Limited, regarding Laurentian Forest, Stage 2, Draft Plan 30T-94018." 2. Supplementary Request for Subsidy It was resolved: "That the Mayor and Clerk be authorized to execute Request No. 2 with the Ministry of Transportation pursuant to the Public Transportation and Highway Improvement Act in connection with a request for allocation of subsidy funds for the year 1996 for public transportation in the amount of $16,000. for the Capital Assistance Program." 3. Execution - Minutes of Settlement - FAIRVIEW WARD It was resolved: "That the Mayor and Clerk be authorized to sign the "Minutes of Settlement" as it relates to the assessment appeal launched by Globe Stamping Company Limited and settled by the Regional Assessment Commissioner for Region #21 and the solicitor for Globe Stamping Company Limited." 4. Licenses It was resolved: "That Weejeendimin Native Resource Centre, 42 College Street, Kitchener, N2H 5A1, be granted permission to have a sale outside of their College Street office on October 19, 1996, provided that the necessary licence is obtained and further, that 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 Lion Rampant Accordion Band Inc., to conduct a Monte Carlo event at the Army, Navy and Air Force Veterans Club, 2-408 Gage Avenue, Kitchener on October 29-31, 1996, inclusive; provided that all proceeds from this event are used for the non-adult members of the band." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the K- W Minor Lacrosse to conduct a Monte Carlo event at the Granite Club, 69 Agnes Street, Kitchener, on November 15-17, 1996, inclusive." -and- COUNCIL MINUTES SEPTEMBER 30, 1996 - 450- CITY OF KITCHENER COUNCIL MINUTES SEPTEMBER 30, 1996 - 450- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES SEPTEMBER 30, 1996 - 450 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 4. Licenses (Cont'd) "That the City of Kitchener has no objection to a Provincial licence being issued to Ron Day's Kitchener Kicks, 11-300 Gage Avenue, Kitchener, to conduct a Monte Carlo event at the Edelweiss Tavern, 600 Doon Village Road, Kitchener, on November 8-10, 1996, inclusive, provided that all proceeds are used for the children's programs." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Kiwanis Kavaliers to conduct a Monte Carlo event at the Holiday Inn, 30 Fairway Road, Kitchener, on November 1-3, 1996, inclusive." -and- "That the City of Kitchener has no objection to a Lottery licence being issued to the Kiwanis Club of Elmira Inc., P.O. Box 171, Elmira, N3B 2Z6, to conduct a Bazaar at the Lyric Night Club in Kitchener, on October 11-19, 1996, inclusive, providing that 25% of the proceeds be utilized in Kitchener." -and- "That Ms. Alisa Joanne Blackmore be granted a Massagist licence for the year 1996 and further; That Ms. Joey-Lee Gee be granted a Massagist licence for the year 1996." 5. Uncollectible Utility Receivables It was resolved: "That the list of Uncollectible Utility Accounts amounting to $55,207.81 contained in the memorandum from Olav den Ouden, Director of Revenue, dated September 24, 1996, be written off against the Allowance for Doubtful Utility Receivables." 6. Banner Request It was resolved: "That in conjunction with the Women's World Ice Hockey Championship to be held in Kitchener March 30th-April 6, 1997, we grant permission for the erection of a banner on King Street at Rockway Gardens from Monday, March 17, 1997 to Sunday, April 6, 1997 inclusive. Further, that arrangements be made with the City's Contractor for erection of the banner and the payment of any costs by the organization associated therewith." 7. Licensinq Aqreement - Queensmount Arena COUNCIL MINUTES SEPTEMBER 30, 1996 - 451- CITY OF KITCHENER COUNCIL MINUTES SEPTEMBER 30, 1996 - 451- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL It was resolved: "That the Mayor and Clerk be authorized to execute a Licensing Agreement dated September 25, 1996 to allow the Lions Club of Kitchener to use Queensmount Arena during Oktoberfest from September 28, 1996 to October 20, 1996 for rent in the sum of $7,500.00, plus G.S.T." COUNCIL MINUTES SEPTEMBER 30, 1996 - 451 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - CONT'D 8. Tenders The tenders were dealt with under delegations. 9. Monte Carlo Event It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Kitchener Oktoberfest Lions Club, to conduct a Monte Carlo event and a Raffle Lottery at the Kitchener Oktoberfest Lions Hall - Lyle Hallman Pool, 600 Heritage Drive, Kitchener on November 16, 1996." 10. Sale of Surplus City Land It was resolved: "That the City of Kitchener transfer Part of Lot 7, Plan 975 designated as Part 5, Plan 58R-947 to the abutting owners, Mary Bratu and Julian Bratu at no cost to the City."