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HomeMy WebLinkAboutCouncil Minutes - 1996-11-12COUNCIL\1996-11-12 NOVEMBER 12, 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 Danny and Katy May Morrow from the King School of Vocal & Dance. Councillor J. Ziegler on behalf of members of Council thanked the Morrows and their director for their rendition of the National Anthem. Councillor Jake Smola presented a gift to the Morrows documenting the history of the National Anthem and the Canadian Flag. Councillor K. Redman pointed out that the duo performs regularly at Senior Citizen and Group Homes. On motion by Councillor C. Weylie, the minutes of the regular Council meeting held October 28, 1996, and the special Council meeting held November 4, 1996, as mailed to the Mayor and Councillors, were accepted. A. COMMUNICATIONS - N I L Mayor R. Christy introduced Ms. Colleen Stuart who has been appointed to the position of Page to City Council. He advised that she was a Grade 10 student from K.C.I. and was selected following a competition involving Resurrection High School and Kitchener Collegiate Institute. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation and to answer any questions regarding the tenders listed on the Committee of the Whole agenda this date. He advised Council that information was inadvertently left out of covering memoranda dated November 6 with respect to Expressions of Interest E96-83 and E96-84. Mr. Gordon pointed out that both involved three-year contracts which provide staff with additional professional help on specifications for small jobs. Councillor Jake Smola questioned Tender T96-104, regarding three pick-up trucks. Mr. L. Gordon advised that these trucks were diesel powered and not CNG vehicles. He did point out that acquisition of vehicles by the Utilities Division have been CNG powered. Mr. Gordon indicated that with regard to the current tender, staff considered it more cost-effective at this time to acquire diesel powered vehicles. Councillor Jake Smola questioned when a report on CNG powered vehicles would be considered at Committee level and Mr. L. Gordon advised that a report will be prepared in the near future and referred to the Equipment Selection process. Moved by Councillor M. Wagner Seconded by Councillor J. Ziegler "That Expression of Interest E96-71, Consultant Services MFMIS System Consultant, be awarded to B.I. Synergy Inc., Breslau, Ontario, subject to a satisfactory agreement being negotiated and an upset fee established. The estimated cost of the project is $17,812.50, plus G.S.T." - and - "That Expression of Interest E96-83, Preparation of HVAC Specifications & Mechanical Engineering Services, be awarded to Paragon Engineering Limited, Kitchener for a period of three (3) years, commencing December 1st, 1996." -and- "That Expression of Interest E96-84, Preparation of Electrical Specifications & Electrical Engineering Services, be awarded to Mighton Engineering Limited, Kitchener for a period of three (3) years, commencing December 1st, 1996." -and- NOVEMBER 12, 1996 COUNCIL MINUTES - 574 - CITY OF KITCHENER "That Expression of Interest E96-100, Consultant Services - Develop A Lighting Design Study for the City of Kitchener Commercial Core and Abutting Neighbourhoods, be awarded to John MacDonald Architect Inc., Kitchener, subject to a satisfactory agreement being negotiated and an upset fee being established. The estimated cost of the project is $65,400., plus G.S.T." -and- "That tender T96-103, Stonegate Watercourse Erosion Control and Slope Stabilization (Phase 1), be awarded to Blue-Con Inc., London, Ontario at their tendered price of $245,746.90, including G.S.T." -and- "That tender T96-104, Three 2,540 KG (5,600 LB) G.V.W. Pick-Up Trucks, be awarded to Parkway Ford Sales, Waterloo at their tendered price of $53,697., plus G.S.T. and P.S.T., and that one additional replacement unit be ordered at their tendered price of $17,899., plus G.S.T. and P.S.T." Carried. Mr. J. Habkirk was in attendance on behalf of Angie Habkirk respecting clause 2 of the Community Services Committee report regarding the removal of a tree located on City property adjacent to 148 Louisa Street. The delegation indicated support for the Committee recommendation. Moved by Councillor G. Lorentz Seconded by Councillor John Smola "That clause 2 of the Community Services Committee report of this date be adopted." Carried. Mr. Brian Hofer, ZMG Management Inc. appeared as a delegation on behalf of Zevest Development Corporation which has applied for a zone change at 255 Highview Drive. A letter dated November 8, 1996 from Mr. Hofer in this regard was circulated this date. The delegation requested approval of temporary occupancy for a tenant at the subject property noting that the C-1 zoning was proposed to be changed to C-1 with an extension of use so as to allow for a ceramic store. Councillor K. Redman pointed out to Mr. Hofer that there was a risk that the zone change might not be approved and it would be necessary for the tenant to vacate the premises. Mr. Hofer advised that structurally no costs were being included for interior changes to the building and the tenant was aware of the risks. Mr. T. McCabe reviewed the four criteria required by Council to allow for temporary occupancy and noted that the only one not fulfilled yet was circulation of the zone change. Councillor G. Lorentz advised that he did not have any concern with the request. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That enforcement of the City's Zoning By-law be waived with respect to a commercial ceramics business at 255 Highview Drive and temporary occupancy be approved subject to the business vacating the location in the event the Zone Change Application was not approved in a form that will permit this use, and further, That in the event of failure to vacate, the City's Municipal By-law Enforcement Officer be directed to commence notice of action to remove the illegal use and that any work done to the premises be at the sole risk and responsibility of the owner in the event losses are incurred as a result of final disposition of this application." Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi NOVEMBER 12, 1996 COUNCIL MINUTES - 575- CITY OF KITCHENER "That the report of the Planning and Economic Development Committee of Council of this date be adopted." Councillor C. Weylie advised that the agreement referred to in clause 1 had not been concluded with Wittan Holdings Inc. and it was necessary to withdraw the recommendation. On motion by Councillor C. Weylie, seconded by Councillor M. Yantzi, clause 1 was deferred and referred back to the Economic Development Division for further consideration. The report was put to a vote. Voted on clause by clause. Clause #1 - Action deferred and referred back to the Economic Development Division for further consideration. Balance of Report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee of this date be adopted." Councillor G. Lorentz advised that he had received numerous phone calls respecting clause 1 and commented that in his opinion the recommendation was an excellent approach for all concerned. Councillor B. Vrbanovic commented that the recommendation in clause 1 was a responsible and balanced proposal. He stated that it was clear that only if the community responds financially, would the City do likewise. Councillor T. Galloway stated that he was in support of clause 1 and that it was important that it be made clear that City Council was endorsing the recommendation at this time provided financial support in the amount of $5,000,000 was forthcoming from the community. Councillor M. Wagner pointed out that based on the telephone calls he had received there was conflicting understanding on the part of the community as to the purpose of the endowment fund. The report was then put to a vote. Voted on clause by clause. Clause #2 - Dealt with under Delegations and Carried. Balance of Report - Carried. Moved by Councillor J. Ziegler Seconded by Councillor Jake Smola "That the report of the Finance and Administration Committee of this date be adopted." Councillor K. Redman questioned if discussion had taken place at the Committee meeting regarding clause 8 and Councillor J. Ziegler advised that there was no discussion. Councillor T. Galloway indicated that concern has been expressed within the community regarding this matter. Councillor J. Ziegler questioned the motive of the provincial government in requesting involvement of the City in this matter when the City has no authority. On motion by Councillor J. Ziegler, seconded by Councillor G. Lorentz, clause 8 was amended so as to delete no objection of the City to opening of the outlets and substitute in its place a statement that the City has no authority to object to the openings. Councillor G. Lorentz expressed concern in regards to the funding outlined in clause 3 of the report. Mr. J. Gazzola advised that the funding could run through the capital fund but be administered as part of the grant structure process resulting in there being no need to setup a separate structure to look after the administration. Mr. T. McCabe advised that it had been suggested that a staff team be formed to evaluate cases prior to their referral to City Council for consideration. Councillor John Smola stressed that staff would assess individual projects and bring their comments to Council as information only. Councillor G. Lorentz requested that it be made clear that no more than $25,000 was available and that criteria to regulate fair spending of the fund was needed. COUNCIL MINUTES NOVEMBER 12, 1996 - 576- CITY OF KITCHENER The report was then put to a vote. Voted on clause by clause. Clause #8 - Carried, As Amended. 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 J. Ziegler "That the report of the Public Works and Transportation Committee of this date be adopted." Councillor G. Lorentz commented that there seemed to be some misconception on the part of the public as to how clause 4 was dealt with at Committee. He pointed out that the request was referred to Council's 1997 budget deliberations. In reference to clause 1, Councillor J. Ziegler stated that he supported an alternative suggestion outlined in an October 29 memorandum from the Traffic & Parking Division and quoted a paragraph in that regard. Councillor M. Yantzi responded that the position advocated by Councillor Ziegler would confuse users. Councillor M. Wagner stated that he made the original recommendation and suggested that it be retained as proposed. The report was then put to a vote and Carried. Councillor J. Ziegler advised that he had sent a memorandum enquiring into the matter of no smoking at the City's two municipal golf courses and requested that it be placed on the December 9 agenda of the Community Services Committee for discussion. Councillor J. Ziegler advised that he was prepared to give Notice of Motion with respect to a resolution from the Region of Durham regarding potential solutions for generating revenue to offset operating and maintenance costs of Transit Services or alternatively, to deal with the resolution if Council dispensed with its Notice requirement. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner "That Notice of Motion be dispensed with in regard to the resolution of the Region of Durham pertaining to potential solutions for generating revenue to offset operating and maintenance costs of Transit Services." Carried with required two-thirds majority vote. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner "That the Honourable Al Palladini, Minister of Transportation, be advised that the City of Kitchener endorses the October 23, 1996 resolution of the Regional Municipality of Durham requesting the provincial government to dedicate a portion of fuel taxes to offset the costs of operating municipal and other transit services, and further, That a copy of this resolution be sent to the Association of Municipalities of Ontario and to the NOVEMBER 12, 1996 COUNCIL MINUTES - 577- CITY OF KITCHENER Ontario Urban Transportation Association." Carried. Councillor J. Ziegler referred to the fine levied against the Canadian Tire Store on Highland Road West in respect to an accidental death involving a forklift vehicle. He questioned why the fine incurred by the City in a similar accidental death was much higher in comparison and if the City may have made a strategic mistake in its legal approach to the charges. Mr. J. Shivas agreed to provide a report in this regard. Councillor Jake Smola referred to the matter of water service valves and stated that he understood a report would be prepared outlining a summary of complaints that had been received and responses. He asked that the report detail the number of inspections and the number of repairs by the City and by others. Councillor Jake Smola noted that he had previously requested the Finance Department to prepare a report on possible alternative methods for the payment of business taxes. Mr. J. Gazzola advised that it was staff's intention to bring this matter to Council during its 1997 Budget Committee deliberations as the subject ties in with the budget setting process. Councillor G. Lorentz advised that communications were lacking on the part of staff in regards to the development of new transit bays at the Conestoga Mall and that an invitation for a ribbon cutting ceremony for the opening was only received the day of the opening. He also questioned when information would be available on the status of negotiations with the City of Waterloo over a new transit agreement. Mr. J. Gazzola advised that staff had met with the negotiating team from the City of Waterloo last week and that a completely new way of billing Waterloo for transportation services was under consideration and it appeared to have been well received. Mr. Gazzola commented that legal staff will have to prepare a formal document based on these discussions and it was expected it would be ready about the end of the year and that the term of the agreement would be for five years. Councillor G. Lorentz requested Council be updated on the success of the 1996 Leaf Collection Program and suggested an E-mail report in this regard would suffice. Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to exempt certain lots from Part Lot Control - Part of Lots 98 and 39, Registered Plan 842 - Doon Road (b) Being a by-law to designate part of the property municipally known as 67-69 Ahrens Street West in the City of Kitchener as being of historical and architectural value (c) To further amend By-law 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (d) 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 C. Weylie as Chair. On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. NOVEMBER 12, 1996 COUNCIL MINUTES - 578- CITY OF KITCHENER Mr. R.W. Pritchard advised that a by-law to change the name of part of Towerview Avenue, Block Line Road and Zeller Drive, was given two readings on September 16, 1996 and that advertising with respect to the proposed change has now been completed and it is in order to proceed with third reading of the by- law. Council consented to the addition of the proposed by-law to the agenda for third reading. 8. Moved by Councillor B. Vrbanovic Seconded by Councillor John Smola "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to exempt certain lots from Part Lot Control - Part of Lots 98 and 39, Registered Plan 842 - Doon Road (By-law No. 96-162) (b) Being a by-law to designate part of the property municipally known as 67-69 Ahrens Street West in the City of Kitchener as being of historical and architectural value (By-law No. 96-163) (c) To further amend By-law 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (By-law No. 96-164) (d) To confirm all actions and proceedings of the Council (By-law No. 96-165) (e) Being a by-law to change the name of certain streets in the City of Kitchener (By-law No. 96-166) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned. MAYOR CLERK PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - That subject to the satisfaction of the City Solicitor, the City enter into a Non-Assignable Option Agreement dated the 28th day of October 1996, with Wittan Holdings Inc. for land in Phase 2 of the Huron Business Park, being composed of Part of Lot 16, Registrar's Compiled Plan 1471 shown as Part 2 on Reference Plan 58R-6266 and consisting of approximately 4.7225 acres, for a total purchase price of $377,800.00 calculated at the rate of $80,000/acre, of which $23,613.00 is a non refundable deposit, and further, The Mayor and Clerk are hereby authorized to execute any other necessary documentation required by the City Solicitor. (Action deferred and referred back to the Economic Development Division for further consideration). That consideration of Planning and Development Staff Report PD 96/109 (A review of suggestions by the Inner City Neighbourhood Associations relative to moderating the impacts of retaining duplexing) be deferred and referred to the December 9, 1996 Planning and Economic Development Committee meeting. 3. (1) That the Kitchener Downtown Advisory Committee Terms of Reference be revised as follows: (a) To add the Mount Hope - Huron Park, King-Belmont, Cherry Hill and Auditorium Neighbourhoods to the first paragraph of Section 1.2 Purpose and Scope such that it reads as follows: 1.2 The Kitchener Downtown Advisory Committee will consider the downtown in its broadest context to include a downtown community made up of three concentric areas: a commercial core defined by Charles Street, Cedar Street, Weber Street and Victoria Street, a ring of adjacent inner city neighbourhoods comprised of the Civic Centre, Central Frederick, King East, Cedar Hill, Victoria Park, Mill Courtland, Mount Hope - Huron Park, King- Belmont, Cherry Hill and Auditorium neighbourhoods; and an inner city area bounded by the Conestoga Expressway, The City of Waterloo and Westmount Road. (b) To change Section 3.1 Membership so as to add representatives from the Mount Hope - Huron Park, King-Belmont, Cherry Hill and Auditorium neighbourhoods; and to change the Representative from the City of Kitchener Arts & Culture Advisory Committee to a Representative from the Waterloo Regional Arts Council. Section 3.1 should then read as follows: 1.3 Membership on the Committee shall be as follows: Mayor Ex Officio 5 Members of Council 5 Reps - Chairman and 4 Members of Kitchener Downtown Business Association 1 Rep - Senior Citizens 1 Rep - Kitchener Downtown Churches 1 Rep - Social Planning Council of Kitchener-Waterloo 1 Rep - Affordable Housing 1 Rep - Physically Challenged 1 Rep - From each of: a) Cedar Hill Neighbourhood Association b) Centra Frederick Neighbourhood Association c) King Street East Neighbourhood Association d) Civic Centre Neighbourhood Association e) Mill Courtland Neighbourhood Association PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 3. Cont'd f) Victoria Park Neighbourhood Association g) Mount Hope - Huron Park Neighbourhood Association NOVEMBER 12, 1996 COUNCIL MINUTES - 580- CITY OF KITCHENER COUNCIL MINUTES NOVEMBER 12, 1996 - 580- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL h) King-Belmont Neighbourhood Association i) Cherry Hill Neighbourhood Association j) Auditorium Neighbourhood Association. 1 Rep - Waterloo Regional Arts Council. 1 Rep - Kitchener-Waterloo Multicultural Centre 1 Rep -Waterloo Regional Police 1 Rep - Kitchener Public Library (2) That, the City Clerk be instructed to amend City Council Policy 1-90, Kitchener Downtown Advisory Committee - Terms of Reference, in accordance with the above. COMMUNITY SERVICES COMMITTEE - That the Friends of St. Jerome's hire a consultant to prepare a Fundraising Feasibility Study, the cost of which is to be paid on a 50/50 basis by the Friends of St. Jerome's and the City of Kitchener, to objectively evaluate the prospects for raising the necessary capital and endowment funds, in the amount of $6 million, to cover the capital and long term operating costs for the St. Jerome's Centre for the Arts, and further, That the City of Kitchener shall be involved in the steering committee and shall approve the terms of reference for the study, and further, That, under agreement with the Congregation of the Resurrection, the City of Kitchener undertake minimal repairs and install security devices, at a cost of $21,000.00 and pay annual costs, estimated at $12,400.00, for security, insurance and maintenance for the historic Duke and College Street buildings for a period ending June 1, 1997, renewable at the City's option and upon approval of the Congregation of the Resurrection, should the results of the Fundraising Feasibility Study be favourable, and further, That, as part of the fundraising feasibility analysis, Council commit to a capital contribution of $1 million, over a 5 year period, and further, That the City shall commence setting aside these funds upon the satisfactory conclusion of the Fundraising Feasibility Study, and further, That the Downtown Development Team continue to work with local realtors to market and secure a purchaser for the Duke Street building as an adaptive re-use development, and further, That the future ownership of the College Street building shall be with a non-profit corporation which will be set-up to own and operate the building in conjunction with the Friends of St. Jerome's, and further, That, if the Fundraising Feasibility Study proves unfavourable, that City of Kitchener shall end its agreement with the owner, who must then assume responsibility for the future of the buildings. That the tree, located on City property adjacent to 148 Louisa Street, be removed by the City, at the expense of the owners of 148 Louisa Street, in order to accommodate their need to relocate their driveway. (Dealt with under Delegations and Carried) FINANCE AND ADMINISTRATION COMMITTEE - 1. That with respect to 47 Eby Street South, Council waive the building permit fees required under the Building Code Act for the demolition of a portion of the house and the renovations needed to NOVEMBER 12, 1996 COUNCIL MINUTES -581- CITY OF KITCHENER COUNCIL MINUTES NOVEMBER 12, 1996 - 581- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL convert the remainder of the building to a group home, all as Development Department report PD96/111. outlined in Planning and That the Bethany Evangelical Missionary Church be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code during staging of a Christmas pageant in the Church parking lot on December 11, 12 and 13, 1996 in accordance with the written request of Reverend William Anderson, Senior Pastor, dated October 25, 1996. That Council approve in principal, and subject to budget deliberations, the establishment of an annual capital fund in the amount of $25,000.00 to be made available to neighbourhood based community groups to undertake community development work that will build healthy neighbourhoods in accordance with the terms of reference appended to Planning and Development Department report PD96/73 (Appendix A), and further, That the issue of funding be referred to the 1997 Capital Budget process for further consideration. That prior to issuing the 1997 business licences, and in response to the written request of Ms. E. Jeanette Aubin, dated September 24, 1996, Council review the licensing category for Certified Reflexologists, who are presently licensed under Chapter 560 (Massagists and Body Rub Parlours). That the current ten member Board of Directors for the Centre in the Square be increased through the addition of two lay appointees, and further, That the City Solicitor undertake the work necessary to affect the required legislative changes. That the Centre in the Square Board of Directors consider adding volunteers to its various sub- committees who could at some future date make application for appointment to the Board. That the vacant parcels of land legally described as Part of Lots 31, 32 and 38, Registrar's Compiled Plan 1489 and Part of Bechtel's Tract, and Part of Lot 6, Biehn's Numbered Tract, and Lot 44 and Part of Lots 42 and 43, Registrar's Compiled Plan 1478 designated as Parts 1, 4, 7, 8, 10, 11 and 12, Plan 58R-9738 adjacent to Homer Watson Boulevard (in the vicinity of Trillium Drive and Huron Road) be declared surplus to the City's needs and be transferred, at no cost to the City, to the Regional Municipality of Waterloo for bridge and road construction, and further, That the Mayor and Clerk be authorized to execute a Memorandum of Agreement with the Region, and well as any further documentation required to affect the transfer of land, all to the satisfaction of the City Solicitor. That the City of Kitchener has no authority to object to the recent approval granted by the Provincial government to open Liquor Control Board and Brewers Retail outlets on three Sundays; namely, December 8, 15 and 22, 1996. (As Amended). That Council authorize staff to further retain the services of Heath Consultants Limited for the purposes of undertaking a borehole analysis of the Ralgreen Cresent area, and hereby waive the requirement to call for expressions of interest pursuant to Chapter 170 (Purchasing and Materials Management) of the City of Kitchener Municipal Code, and, FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 9. (Cont'd) NOVEMBER 12, 1996 COUNCIL MINUTES - 582- CITY OF KITCHENER COUNCIL MINUTES NOVEMBER 12, 1996 - 582- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That Council agrees to pay Heath Consultants Limited $14,268.00, exclusive of taxes, which represents the cost of drilling the boreholes and the installation of permanent test points for the purpose of obtaining methane gas, water and soil samples, with said boreholes to be drilled on the understanding that the Ministry of Environment and Energy will provide funding for the analysis of the soil and water samples, and further, That the Department of Public Works be directed to clean up the soil debris at each borehole location. 10. That Council grant the request of the Kitchener-Waterloo Philatelic Society to waive the fees relative to a Hawkers and Pedlars license in conjunction with their proposed show and sale scheduled for April 1997. LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE - That, pursuant to Section 33 of the Ontario Heritaqe Act we approve the request of the owner to alter the designated property, known municipally as 1 King Street West (Walper Hotel) by erecting two V-shaped signs above the first storey, generally as shown on the plans prepared by Nicholas Hill, Architect Planner and attached to the Designated Heritage Property Alteration Application dated October 23, 1996; subject to final approval of the lighting for the signs and subject to the owners obtaining all other necessary approvals. That, pursuant to Section 33 of the Ontario Heritaqe Act, we approve the request of the owner to alter the designated property known municipally as 1 King Street West (Walper Hotel) by painting the dropped cornice in hunter green, as per the Designated Heritage Property Alteration Application dated October 23, 1996. That the designation of 381 Pioneer Tower Road, pursuant to Part IV of the Ontario Heritaqe Act, for which a Notice of Intention was published on the 12th day of July 1996, be limited to those lands identified as Parts 1, 2 and 3 as shown on the sketch attached to the letter from Mr. P. Britton to Mr. Brock Stanley, dated October 28, 1996, subject to the owner preparing the necessary reference plan. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That City Council accede to the request of the Kitchener Downtown Business Association and provide free Saturday parking at all City-owned parking facilities for the period commencing November 16, 1996 and ending on January 4, 1997, and further, That the staff of the Traffic and Parking Division be instructed to implement a Courtesy Warning Program during this time period. That parking be prohibited from 8:00 a.m. to 6:00 p.m., Monday to Friday, on the west side of Bingeman Street, from Lancaster Street to Samuel Street, and further, That the Uniform Traffic By-law be amended accordingly. That up to $15,000.00 be approved for the immediate replacement of the sign plotter for the Traffic Sign Shop, with the funds to be taken from the 1996 Capital Contingency Account. That the possibility of providing additional annual funding for road resurfacing and an additional allocation to update the Pavement Management System, be referred to the 1997 Capital Budget process for consideration. 5. That two-way traffic be re-instated on Woolwich Street, and further, That possible traffic control measures be reviewed in the spring of 1997. COUNCIL MINUTES NOVEMBER 12, 1996 - 583 - CITY OF KITCHENER COMMITTEE OF THE WHOLE BY-LAWS AS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - 1. Aqreement - Home Support Services for Elderly It was resolved: "That the Mayor and Clerk be authorized to execute the legal agreement between Her Majesty the Queen in right of Ontario, as represented by The Ministry of Health and The Corporation of the City of Kitchener under the Home Support Services for the Elderly Program for the period January 1, 1996 to December 31, 1996, in the amount of $149,792." 2. Enqineerinq Aqreements Councillor Jake Smola disclosed a conflict of interest and abstained from all discussion as he thought his residence was located within the area encompassed by the agreement with Wright-Dietrich. 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 Wright- Dietrich, regarding Keewatin Avenue, Phase II, R.P. 1829." -and- "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 Old Chicopee Estates, Stage 2, 30T-89011 ." -and- "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 Old Chicopee Estates, Bost Property, Draft Plan 30T- 94015." Councillor Jake Smola disclosed a conflict of interest and abstained from all discussion and voting regarding the agreement with Wright-Dietrich as he thought his residence was located within the area encompassed by the agreement. 3. Licenses It was resolved: "That the Cambridge Kiwanis Boys Choir, 72 Copperfield Drive, Cambridge, Ontario, N1R 8A4, be granted permission to obtain a Hawker & Pedlar licence to sell cassettes, CD's and concert tickets at Fairview Mall, on December 7, 1996, provided that the necessary Licence and Police approvals are obtained." -and- COUNCIL MINUTES NOVEMBER 12, 1996 - 584- CITY OF KITCHENER COUNCIL MINUTES NOVEMBER 12, 1996 - 584- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES NOVEMBER 12, 1996 - 584 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 3. Licenses (Cont'd) "That the City of Kitchener has no objection to the Knights of Columbus, Council No. 1504, 110 Manitou Drive, Kitchener, Ontario, N2C 1L3, being granted permission to sell tickets in the City of Kitchener for the Knights of Columbus Ontario, State Council's Annual Charity Car Draw to be held at the Regal Constellation Hotel, 900 Dixon Road, Etobicoke, on May 17, 1997." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Canadian Hearing Society - Waterloo, 222 Frederick Street, Kitchener, N2H 2M8, to conduct a Monte Carlo event at the Northstar Youth Centre, 204 Lawrence Avenue, Kitchener, on December 12-14, 1996, inclusive." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Elks Lodge #578, to conduct a Monte Carlo event at the Granite Club, 69 Agnes Street, Kitchener on December 27-29, 1996, inclusive." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Kitchener-Waterloo Skating Club, 99 Seagram Drive, Waterloo, to conduct a Monte Carlo event at the Edelweiss Tavern, 600 Doon Village Road, Kitchener on December 30 & 31, 1996." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Waterloo Regional Synchronized Swimming Club, 223 Lakeside Drive, Kitchener, N2M 4C7, to conduct a Monte Carlo event at the Moose Lodge, 655 Wabanaki Drive, Kitchener, on January 2-4, 1997, inclusive." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the K- W Kiwanis Club, 1333 Weber Street East, Kitchener, N2A 2C2, to conduct a Monte Carlo Event at the Howard Johnson Hotel, 1333 Weber Street East, Kitchener on December 20- 22, 1996, inclusive." -and- "That the resolution enacted by Kitchener City Council on November 7, 1994, with respect to the issuance of Super Jackpot Bingos, at the Transylvania Club, be amended to read as follows: NOVEMBER 12, 1996 COUNCIL MINUTES -585- CITY OF KITCHENER COUNCIL MINUTES NOVEMBER 12, 1996 - 585- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 'That the City of Kitchener has no objection to the Provincial Lotteries Office issuing a licence for a Super Jackpot Bingo to the Transylvania Club Bingo Association at the Transylvania Club."' Encroachment Aqreement - CHICOPEE WARD It was resolved: COUNCIL MINUTES NOVEMBER 12, 1996 - 585 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - CONT'D 4. Encroachment Aqreement - CHICOPEE WARD (Cont'd) "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner(s) of Lot 47, Registered Plan 1386, known as 30 Shuh Avenue, to permit the construction of a cantilevered addition which will extend 1'8", more or less, and to legalize an existing chimney as it extends 1'10", more or less, and an existing box window as it extends 1', more or less, over or into an existing storm sewer easement registered as Instrument No. 563495." Application for Variance - Municipal Code, Chapter 630 (Fence) - BRIDGEPORT-NORTH WARD It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of October 29, 1996, recommending approval of Submission No. F 7/96 -New Apostolic Church Canada - Be Ratified and Confirmed." 6. Tenders The tenders were dealt with under delegations. 7. Ralqreen Crescent Area - FOREST WARD Councillor J. Ziegler questioned how the firm of GlobalTox International Inc. was selected to do the work. Following comment by Mr. J. Shivas, Councillor G. Lorentz indicated that it had come to his attention that the firm was highly recommended and he had passed the name along to City staff for consideration. He commented that it was important to proceed as quickly as possible based on the concern of residents relating to unknown health issues. Mr. J. Gazzola stated that he was not sure of the costs to retain this firm, but advised that their involvement was desired before the bore holes were started. He indicated that there might in fact be no cost in regard to this matter. It was resolved: "That staff be authorized to retain the services of a toxicologist with GlobalTox International Inc. to assist in the development of the parameters pertaining to the bore hole analysis of the Ralgreen Crescent area and Council hereby waives the requirement under Chapter 170 of The City of Kitchener Municipal Code to call for the expression of NOVEMBER 12, 1996 COUNCIL MINUTES -586- CITY OF KITCHENER COUNCIL MINUTES NOVEMBER 12, 1996 - 586- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL interest." Encroachment Aqreement The Committee was in receipt of a memorandum dated November 8, 1996 from Ms. L. MacDonald advising that the City has been requested to legalize the existing parking garage at the Charcoal Steakhouse and Travelodge as it extends 0.67 metres more or less into an easement. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owners of Parts 2, 3, 4 & 5, Reference Plan 58R-7135, municipally known as 2960 and 2980 King Street East, to legalize the existing concrete parking deck as it extends 0.67 metres, more or less, into an easement registered as Instrument No. 1043186."