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HomeMy WebLinkAboutCouncil Minutes - 1997-04-14COUNCIL\1997-04-14 APRIL 14, 1997 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 Ms. Maryan Mahler. After the singing of "O Canada", Council and those in attendance remained standing to observe one minute of silence in memory of Judge James Kirkpatrick and Ms. Sally Thorsen. Councillor J. Ziegler thanked Ms. Mahler for her rendition of the National Anthem. On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held March 24, 1997, and the special meetings held March 24 and April 7, 1997, as mailed to the members, were accepted. COMMUNICATIONS - N I L Mr. L. Gordon, Manager of Purchasing, appeared as a delegation to answer any questions regarding the tenders listed on the Committee of the Whole agenda of this date. He advised that he was requesting Council to consider an additional Tender E97-37 as outlined in his memorandum dated April 14, 1997 distributed this date. The matter relates to Expression of Interest for Consultant Services Peer Review of market demand and impact analysis regarding a development proposal by Zehrs Supermarkets for the former Bestpipe property situate on Ottawa Street South. In response to Councillor T. Galloway, Mr. T. McCabe advised that a time delay was incurred on this matter due to a necessity to re-advertise it because of lack of response the first time around. Mr. L. Gordon confirmed that staff originally tried to proceed by selection method and after receiving only one submission, decided to advertise the proposal. Councillor T. Galloway questioned if the City of Waterloo had obtained information on a similar peer review for a proposal in Waterloo and Mr. T. McCabe advised that he was uncertain if Waterloo was at the stage of considering a peer review but that he would reply to Councillor Galloway in this regard. Councillor K. Redman questioned why the City was paying for the peer review and Mr. T. McCabe advised that the zone change application for the former Bestpipe site was objected to by a multitude of property owners and that it had been determined that it would be in the City's best interest to obtain its own analysis of the local market demand for food store services. Councillor J. Ziegler referred to Tender T97-18 for the Country Hills Community Centre and the concern that Devlan Construction Limited might fail to execute the agreement. Mr. L. Gordon responded on this matter and noted that the bid bond amounted to $150,000. Councillor T. Galloway pointed out that members of the Country Hills Community Recreation Association were in attendance this evening in anticipation of Council's approval of the construction of the Community Centre. He stated that it was his understanding Devlan has agreed to complete the job and noted that the construction cost was $94 per square foot which was under the budgeted $100 per square foot. Councillor J. Ziegler stated that it was his understanding that automatic faucets were being considered for the Community Centre but suggested that people prefer levered faucets and requested that staff look into the issue. It was noted that ground breaking for the Community Centre was scheduled for April 23 with assembly to take place at 1 p.m. at Lions Arena followed by a ceremony at the site and reconvene at Lions Arena after the ceremony was concluded. Moved by Councillor J. Ziegler Seconded by Councillor John Smola "That tender T97-30, Dom Cardillo Arena Roof Replacement, be awarded to Nedlaw Roofing, Breslau, Ontario at their tendered price of $107,869. plus G.S.T." -and- "That tender T97-18, Country Hills Community Centre, be awarded to Devlan Construction Ltd., Guelph at their tendered price of $1,410,000., plus G.S.T., and further that if Devlan Construction Ltd. fails to execute the agreement and provide bonds, the tender be awarded to Van-Con General Contractors Limited, Guelph at their tendered price of $1,492,000. plus G.S.T." -and- "That tender T97-13, 67kw (90hp) All Wheel Drive Rubber Tired Industrial Tractors with Front End APRIL 14, 1997 COUNCIL MINUTES - 160- CITY OF KITCHENER Loaders and Extendable Backhoes, be awarded as follows: Item 1: One (1) 67kw (90hp) All Wheel Drive Rubber Tired Industrial Tractor with Front End Loader and Extendable Backhoe, complete to specification CKF-247, to Coleman Equipment Inc., New Dundee, at their tendered price of $77,174.00 plus G.S.T. and P.S.T. Item 2: One (1) 67kw (90hp) All Wheel Drive Rubber Tired Industrial Tractor with Front End Loader and Extendable Backhoe, complete to specification CKF-247B, to Coleman Equipment Inc., New Dundee, at their tendered price of $85,517.00 optional heavy duty reversing plow $8,630.00, rear clam bucket $9,485.00, credit of $1,450.00 for standard bucket, G.S.T. and P.S.T." -and- "That tender T97-36, Domestic Water Meters, be awarded to Samson Valve and Meter, Belleville, Ontario at the tendered price of $138,912. plus G.S.T. and P.S.T. -and- "That tender T97-34, Microsoft Variable Licence Pack Agreement, be awarded to SoftChoice Corporation, Toronto, Ontario at their tendered price of $133,835.00 plus G.S.T. and P.S.T." -and- "That proposal P97-35, Ultrasparc Enterprise Servers, be awarded to Logicsys Technologies Inc., Mississauga, Ontario at their proposed price of $249,524.50, one year maintenance at $8,505.00 plus G.S.T. and P.S.T." -and- "That tender T97-2, Road Construction, be awarded to Warren Bitulithic Ltd., Kitchener at their tendered price of $752,317.76, which includes all applicable taxes." -and- "That tender T97-44 Voisin Greenway - Erosion Project (Westmount Road to Forest Hill Plaza), be awarded to R&M Construction, A Division of 560789 Ontario Limited, Acton, Ontario at their adjusted tendered price of $234,598.21 including G.S.T." -and- "That Expression of Interest E97-23, Design Architect for Kitchener Farmers' Market, be awarded to Snider Reichard March Architects, Waterloo, at an upset fee of $38,000.00 plus G.S.T." -and- "That Expression of Interest E97-84 - Consultant Services - Skateboard Facility, be awarded to Paragon Engineering Limited, Kitchener, at an upset fee of $5,250.00 plus G.S.T." -and- "That Expression of Interest E97-37, Consultant Services - Peer Review of 'Market Demand & Impact Analysis', proposed Zehrs Supermarket, be awarded to Royal LePage Professional Services Inc., Toronto, at an upset fee of $6,500.00 including G.S.T." Carried. Mr. Bill Dahms, Sims Clement Eastman, appeared as a delegation in support of clause 1 of the Planning and Economic Development Committee report of this date respecting the Committee's recommendation to approve demolition of a duplex at 227 Duke Street West. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That clause 1 of the Planning and Economic Development Committee report of this date be APRIL 14, 1997 COUNCIL MINUTES -161- CITY OF KITCHENER adopted." 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 C. Weylie referred to a letter dated April 10, 1997 from Ms. C. Ladd requesting a minor correction to clause 7 of the report dealing with a proposed Kitchener-Woolwich boundary adjustment. It was noted in her letter that subsequent to the committee meeting, it was brought to the attention of the department that the reference to the area of lands subject to the proposed boundary adjustment between Kitchener and Woolwich was incorrectly stated in the staff report. The extent of the lands shown on the mapping appended to the staff report was correct but the actual reference to the area of land should have been 1.6 hectares (4 acres) rather than 2 acres. A motion by Councillor C. Weylie, seconded by Councillor M. Yantzi to amend clause 7 so as to reflect this correction by revising Staff Report PD 97/6 under date of April 10, 1997 was Carried. The report was then put to a vote. Voted on Clause by Clause. Clause #1 - Dealt with under Delegations and Carried. Clause #7 - 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 of this date be adopted." Councillor T. Galloway making reference to clause 5 of the report noted that it would appear that the Province has relaxed various regulations as they relate to such issues as the sign variance application for the entranceway from Ottawa Street to the Auditorium Complex parking lot. In this regard, he questioned if the City should be looking into utilizing the frontage along the expressway for sign advertising that would be either in place of, or in addition to any signage at the Ottawa Street entrance. Mr. T. Clancy responded that staff had previously considered the issue and were willing to revisit it. On the matter of the sign proposal for the Ottawa Street entrance, Councillor G. Lorentz stated that it had been a staff business decision and requested that Council not pre-judge the issue before the Committee of Adjustment has considered the required sign application and rendered a decision. Councillor B. Vrbanovic stated that area residents had expressed concern with the proposed sign on Ottawa Street and that he would support looking into an alternate location with visibility from the expressway. Mr. T. McCabe, in reference to the sign application, advised that its size had been reduced and now complies with the by-law and that only the matter of changeable copy on the sign requires variance approval. Mr. T. Clancy advised that the business deal with respect to the Ottawa Street sign was predicated on the proposed location and the sign as designed would not work along the expressway. The report was then put to a vote and 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." A lengthy discussion took place respecting clause 3 of the report dealing with permanent charitable gaming clubs and a possible interim control by-law as outlined in a report from the City Solicitor. Councillor Jake Smola questioned what issues would be reviewed or studied during the period of the interim control by-law being in place. Mr. T. McCabe commented on various land use issues that would be addressed; however, Councillor Jake Smola maintained that the study was purposeless on the basis the problem was undefined. Mr. T. McCabe noted that staff would look at the issue from strictly a land use point-of-view and not the propriety of the charitable gaming club activity. COUNCIL MINUTES APRIL 14, 1997 CITY OF KITCHENER A motion to amend clause 3 of the report was moved by Councillor G. Lorentz, seconded by Councillor B. Vrbanovic that no action be taken on issues relating to permanent charitable gaming clubs until after the April 29 joint meeting of area municipal representatives. Councillor B. Vrbanovic suggested including the issue of a staff study as proposed in the report from Mr. J. Shivas and separate consideration of an interim control by-law after the April 29 meeting and a friendly amendment in this regard was accepted. Councillor T. Galloway commented that the purpose of an interim control by-law was to avoid telegraphing Council position on an issue by taking immediate decisive action, making the point that this was not happening in this case. Mr. J. Shivas pointed out that it was common practice to approve both a study and an interim control by-law at the same time. An additional friendly amendment advanced by Councillor Jake Smola, was accepted in respect to the resolution proposed in the report from Mr. J. Shivas so as to authorize the undertaking of a review or "economic benefit" study. Mayor R. Christy advised that the City of Cambridge has requested the City of Brantford be included in the April 29 joint meeting of City representatives. Councillor John Smola pointed out that apparently Brantford was included along with Waterloo Region within the Provincial boundary area for such casinos. The amendment of Councillor G. Lorentz to clause 3 including further revisions as agreed upon was then put to a vote and Carried. An amendment to clause 3, moved by Councillor B. Vrbanovic, seconded by Councillor John Smola, to invite representatives of the City of Brantford to the April 29 meeting was voted on and Carried. Councillor Jake Smola requested that all parties with an interest in clause 3 be circulated with relevant information reports. The report was then put to a vote. Voted on Clause by Clause. Clause #3 - Carried (as amended) Balance of Report - Carried. Moved by Councillor John Smola Seconded by Councillor M. Wagner "That the report of the Public Works and Transportation Committee of this date be adopted." Carried. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That Council accept the explanation and the expenses as listed by Mr. J. Gazzola in his letter to City Council dated April 11, 1997 regarding the Team Canada expenses of Mayor R. Christy." Councillor J. Ziegler commented that he accepts that the trip was more costly than the standard convention expenses that would be incurred on any trip within Canada or the United States. Moved by Councillor J. Ziegler Seconded by Councillor John Smola "That Council's procedural requirement for Notice of Motion be waived in respect to consideration of the report prepared by Mr. J. Gazzola dated April 11, 1997 in regard to Team Canada expenses incurred by Mayor R. Christy." Carried with the required two-thirds vote of the whole Council. APRIL 14, 1997 COUNCIL MINUTES - 163- CITY OF KITCHENER The motion of Councillor J. Ziegler, seconded by Councillor G. Lorentz in respect to Mayor R. Christy's Team Canada expenses was then put to a vote and Carried. Councillor J. Ziegler referred to his memorandum dated December 10, 1996 to members of Council in which two further amendments to the pit bull by-law were suggested. The first amendment suggests a revision to reflect that any certification obtained as a result of passing the Canine Good Citizenship Test should apply for one year from the date of issue rather than less than a year in order to meet the annual February dog licence application deadline. The second amendment relates to the requirement to post a sign in the window of the owner's residence advertising that it is the home of a restricted dog. He indicated that the sign contradicts the tested results in respect to the dog and that owners whose dogs have passed the test be permitted to place a sticker over the word "Beware" on the sign. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That the amendments to the pit bull by-law proposed in the memorandum dated April 10, 1997 from Councillor J. Ziegler be approved." Councillor B. Vrbanovic stated that he accepted the Canine Good Citizenship Test applying for one year from the date of issue, but that he did not support the second amendment regarding the signage proposal. Councillor J. Ziegler advised that there were some 40 appeals received in regards to the pit bull by-law which is accepted as a very restrictive by-law; however, the Dog Designation Appeal Committee is attempting to fairly address unique situations. Councillor Ziegler suggested that a sticker might be applied to the posted sign to indicate that a dog has passed the Canine Good Citizenship Test. Councillor Jake Smola advised that he was in receipt of information from the Humane Society regarding human injury and death statistics as a result of dog attacks. He commented that the current by-law was fair and stressed that there have been no recorded pit bull incidents since the passing of the by-law. Mr. J. Shivas requested the opportunity to prepare a staff report on the amendments proposed by Councillor J. Ziegler before his motion is considered by City Council. Councillor J. Ziegler requested that consideration of relief be given in regards to the time between the January 1-February 15 testing period as some dog owners are away on winter vacation at that time of the year. Councillor K. Redman also requested that consideration be given to including a date on the good citizenship designation. By general consent, Council agreed to refer Councillor Ziegler's proposed amendments respecting the pit bull by-law, as outlined in his April 10 memorandum, to the Legal Department, with direction to review the points of concern raised this date as well as an expressed concern that further amendments would amount to a watering down of the by-law. Moved by Councillor K. Redman Seconded by Councillor C. Weylie "That this Council express its deep sense of loss over the recent passing of Judge James Kirkpatrick and Sally Thorsen, former Regional Commissioner of Planning & Culture. Their contributions to the citizens of this Region will be long remembered. And further, that this Council extend its sincere sympathy to their bereaved families." Carried Unanimously At the beginning of the meeting Council had observed one minute of silence out of respect for Judge Kirkpatrick and Sally Thorsen. Councillor B. Vrbanovic referred to a February 25 resolution of the City of Markham which Council had APRIL 14, 1997 COUNCIL MINUTES - 164 - CITY OF KITCHENER received and expressed his personal concern that the practice of holding Citizenship Courts be maintained. He indicated that he was prepared to introduce a motion similar to the resolution of the City of Markham. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Yantzi "That Council waive its procedural requirement for Notice of Motion in respect to the possibility that the practice of holding Citizenship Courts being discontinued." Carried with the required two-thirds vote of the whole Council. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Yantzi "WHEREAS the Federal Government recently announced that it may be considering discontinuance of the practice of holding Citizenship Courts to commemorate the citizenship of new Canadians effective immediately; AND WHEREAS many new Canadian citizens view their formal proclamation as a momentous event in their lives as Canadians; AND WHEREAS the Citizenship Courts have functioned as an important and integral component of the ceremonial process of becoming a new Canadian citizen; NOW THEREFORE the Council of the Corporation of the City of Kitchener advocates that the Federal Government empower municipalities across Canada to continue this rich tradition of welcoming new Canadian citizens through formal citizenship ceremonies to be held in their own communities; AND THAT the Prime Minister of Canada, the Right Honourable Jean Chretien, be requested to support this resolution; AND FURTHER that a copy of this resolution be sent to the Federation of Canadian Municipalities for its support." Carried. Members of Council supported a request by Councillor C. Weylie directing that the Mayor write a letter of congratulations to the Kitchener-Waterloo Symphony and the Canadian Chamber Ensemble in regards to the contract entered into with Japanese Television for a series of one hour programs to be broadcast throughout Japan and Asia beginning in 1998. Councillor J. Ziegler referred to a copy of a letter dated April 14, 1997 from Mr. T. McCabe concerning a variance request for a temporary portable sign for the Kingsdale Participating Pre-School that would allow them to erect a portable sign advertising a silent auction fundraiser to be held on Saturday, May 3, 1997. Councillor J. Ziegler indicated that he supported the request. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That a variance to the City's Sign By-law be approved in accordance with the request of Kingsdale Participating Pre-School Inc., 237 Wilson Avenue, to allow placement of a temporary portable sign from April 28-May 4, 1997 advertising the Pre-School's silent auction to be held May 3, 1997, subject to proper setback of the sign from the street to ensure proper visibility and obtaining of a sign permit." Carried. Councillor G. Lorentz referred to the City's garbage contract with BFI and stated that he had some concerns with a recent lessening of the level of service which he understands may be related to recent managerial changes at BFI. Council supported a request that Mr. S. Gyorffy prepare a report addressing any changes that have taken place at BFI and impact on its operations. APRIL 14, 1997 COUNCIL MINUTES - 165- CITY OF KITCHENER Mayor R. Christy gave notice of a public forum to be held April 16 at 7 p.m. in the Kitchener City Hall Rotunda. The forum is intended to address Provincial downloading issues and related implications for the K-W area with Mr. John Sewell being the lead speaker. Councillor M. Yantzi questioned the application of rental fees for use of the Rotunda for such an event that was in the larger public interest. Councillor B. Vrbanovic indicated he would support waiving of fees with respect to the April 16 public forum. Council requested that Mr. T. Clancy advise the organizers of the April 16 event that if they so wish they could submit a grant application for waiver of rental fees for consideration by the Community Services Committee. Councillor K. Redman advised that the annual Mayors Dinner for The Working Centre had been held on Saturday, April 12 at Bingeman's to pay tribute to an outstanding citizen for their service to the community. She noted that this year's recipient was Mr. Ken Murray, former President of J.M. Schneider and that funds raised from the dinner are for the benefit of The Working Centre and St. John's Soup Kitchen. Councillor K. Redman also mentioned that she and Councillors J. Ziegler, C. Weylie, T. Galloway and B. Vrbanovic had volunteered their time on Monday, April 14 to serve lunches at St. John's Soup Kitchen in recognition and support of Volunteer Week activities. Mayor R. Christy advised that he wished to lodge a suggestion with Members of Council to consider development of a Team Kitchener Business Strategy by creating a focused task force that would consider how business contacts he made during his Team Canada Asian trip might be of benefit to the City. He suggested rough parameters involving five individuals who would commence work in May and report in June. Councillor B. Vrbanovic requested more time to think about Mayor Christy's proposal and asked that the Mayor put his proposal in writing for more detailed consideration and discussion by the Planning and Economic Development Committee at its April 21 meeting. Councillor M. Wagner suggested that other resources such as BIAC or the CTT should be considered. Councillor G. Lorentz commented that the idea has merit but suggested that Kitchener implement its own action plan rather than spending time talking about one with other groups. Mayor Christy indicated that he would prepare a report for the Planning and Economic Development Committee. Councillor Jake Smola requested that any proposal have regard to priorities of the Economic Development Division and that every effort be made to ensure initiatives have continuity. At the request of Councillor G. Lorentz, Fire Chief J. Hancock commented on the matter of dispatch services that the Fire Department provides to Woolwich Township and meetings that have been held in that regard. He stated that it was his understanding that the Township of Woolwich has agreed to continue with the City's provision of such services and that an agreement in this regard would be placed before Council for approval. Moved by Councillor John Smola Seconded by Councillor C. Weylie "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (b) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (c) To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof (d) Being a by-law to exempt certain lots from Part Lot Control - Part of Lot 9, Registered Plan 373 -Brunswick Avenue (e) Being a by-law to adopt Amendment No.4 to the Municipal Plan - Doon South Community - No. 97/01/D/LM APRIL 14, 1997 COUNCIL MINUTES - 166- CITY OF KITCHENER (f) (g) (h) Being a by-law to authorize an Application to be made to the Minister of Municipal Affairs and Housing to initiate procedures under the Municipal Boundary Negotiations Act Being a by-law to amend By-law 96-152, a by-law to define an area of the municipality, known as Pioneer Tower West, to be examined for future designation as a Heritage Conservation District To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (i) To confirm all actions and proceedings of the Council and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor R. Christy appointed Councillor B. Vrbanovic as Chair. On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Redman "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Moved by Councillor John Smola Seconded by Councillor C. Weylie "That the by-laws listed on the agenda for third reading, namely: (a) (Cont'd) (b) (c) (d) (e) Carried. (f) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (By-law No. 97-60) To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof (By-law No. 97-61) Being a by-law to exempt certain lots from Part Lot Control - Part of Lot 9, Registered Plan 373 -Brunswick Avenue (By-law No. 97-62) Being a by-law to adopt Amendment No.4 to the Municipal Plan - Doon South Community - No. 97/01/D/LM (By-law No. 97-63) Being a by-law to authorize an Application to be made to the Minister of Municipal Affairs and Housing to initiate procedures under the Municipal Boundary Negotiations Act To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (By-law No. 97-59) APRIL 14, 1997 COUNCIL MINUTES - 167- CITY OF KITCHENER (g) (h) (i) (By-law No. 97-64) Being a by-law to amend By-law 96-152, a by-law to define an area of the municipality, known as Pioneer Tower West, to be examined for future designation as a Heritage Conservation District (By-law No. 97-65) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener To confirm all actions and proceedings of the Council (By-law No. 97-66) (By-law No. 97-67) 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 AND ECONOMIC DEVELOPMENT COMMITTEE - That Demolition Control Application DC 97121DIRM (O & W Kauk) requesting approval for the demolition of a duplex located at 227 Duke Street West legally described as Part Lot 119, Registered Plan 374 be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. (Dealt with under Delegations and Carried) That Demolition Control Application DC 9711N/RM (Wood & Wood Aluminium and Restorations Inc.) requesting approval for the demolition of a single family dwelling located at 118 Victoria Street South legally described as Part Lot 553, Registered Plan 378 be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. That we support the proposed Economic Twinning Agreement between the Cities of Kitchener and Waterloo with Cities in the Princeton and New Brunswick area of New Jersey subject to an invitation being extended to the Cities of Cambridge and Guelph to participate in the proposed Agreement; however, failing endorsement of such participation with Kitchener and Waterloo, the Cities Kitchener and Waterloo proceed with a Twinning Agreement, and further, That it is the understanding of all participants that a restructured Canada's Technology Triangle (CTT), when in place, would assume administration of the Agreement in future, and further, That assistance and consultation with officials of the Federal Government and the Office of the Canadian Trade Commission for New Jersey be sought in support of this proposed Agreement. That the 1996 Annual Report of the Economic Development Division be received, subject to inclusion of a 'Strategic Planning process' as an identified priority in the list of 1997 Objectives. That Council approve the addendum, dated February 13, 1997, from John MacDonald Architect to the Downtown Lighting Design Study outlining changes to the Consultants Scope of Work to cover additional study requirements to meet changes to Public Works Projects in the Cedar/King Street areas; with the cost of such additional scope of work not to exceed $8200 plus GST nor $1600 for added disbursements; and further, That the Mayor & Clerk be authorized to execute an amendment to the agreement for Consultant Services between the Corporation and John MacDonald Architects Inc., satisfactory to the City Solicitor, to add to the scope of services. That Kitchener Planning Committee designate the regular meeting of Monday April 21, 1997 as the date to receive public input and to consider the report of the Consultant and recommendation of the Safe City Committee concerning the Downtown Conceptual Lighting Study Design approval. That City Council request that the Minister of Municipal Affairs and Housing accept and process an application under the Municipal Boundary Negotiations Act in order to facilitate a minor boundary adjustment between the City of Kitchener and the Township of Woolwich, as outlined in Planning and Development Staff Report PD 97/6, Revised, dated April 14, 1997. (As Amended). That with respect to the Downtown Retail Action Plan, Council direct the following actions related to the City's role in assisting in the implementation of the Plan: 1) Rectify the outstanding parking and traffic issues identified in the Retail Action Plan through the Downtown Parking Strategic Plan and continue to seek opportunities to add locations for on-street two hour, free parking. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 8. (Cont'd) 2) Strike a special City project team to prepare a proposal call for reuse or redevelopment of the former Goudies department store with conditions of sale that ensure timely APRIL 14, 1997 COUNCIL MINUTES - 169- CITY OF KITCHENER COUNCIL MINUTES APRIL 14, 1997 - 169- CITY OF KITCHENER 10. 11. REPORTS ADOPTED BY COUNCIL development of the site consistent with downtown revitalization objectives. Concurrently, pursue the tax sale of the former Sauders store site in order to market the lands in conjunction with both the abutting Goudies site and vacant lands purchased by the City at 42 King Street West. 3) Through the Interdepartmental Resource Group and the work of the Safe City Committee, work to standardize lighting, directional signage and street furniture to "unclutter" the downtown streetscape and reduce maintenance, repair and storage costs. 4) Recognize five retail clusters in the downtown as illustrated on Schedule A and direct the Downtown Development Team, working in conjunction with the KDBA, realtors, property owners and developers to market and lease space in the downtown consistent with the character of the retail clusters. 5) Refer recommendation 12 of the Retail Action Plan pertaining to the maintenance of architectural integrity of the downtown streetscape to the Planning and Development Department for review in conjunction with the Urban Design Guidelines, the Sign By-law, the Zoning By-law, the Facade Improvement Program, and the possibility of a downtown historic district. 6) Refer recommendation 14 of the Retail Action Plan pertaining to street cleanliness to the Public Works Department for a report to Public Works Committee explaining the issues and the actions that are being taken to keep the downtown clean. That Planning and Development Staff Report PD 97/26 (1996 Summary of Approvals granted through Delegation of Approval Authority by Council to the General Manager of Planning and Development for Plans of Subdivision and Plans of Condominium) be received for information. That the 1996 Annual Report of the Department of Planning and Development be received; and further, That staff of the Planning & Development and Legal Departments be directed to prepare a report relative to amendment of Chapter 650 (Property Maintenance - Lot Maintenance) of the Municipal Code allowing staff the authority to make arrangements for the cutting of grass and weeds in the case of non-compliance so as to replace the existing requirement for a separate by-law enacted by Council each time. That a variance to the City's Sign By-law be approved and granted annually hereafter to the Sunnyside Senior Public School, 1042 Weber Street East, to allow placement of a temporary portable sign advertising the School Council's annual Spring Craft Sale, subject to proper setback of the sign from the street to ensure proper visibility and the obtaining of a sign permit. COMMUNITY SERVICES COMMITTEE - That the Mayor and Clerk be authorized to sign an agreement, to be drafted by the Legal Department in the form prescribed by the Province, for the Optimist Club of Country Hills to purchase the Country Hills Community Centre lift and stage and for the City hold the lift and stage in trust, and further, That, under the agreement, the Optimist Club of Country Hills make an initial payment of $20,000.00, payable by November 1, 1997, with the balance to be funded through an interest-free loan from the City of Kitchener, to an up-set limit of $60,000.00, and further, COMMUNITY SERVICES COMMITTEE - (CONT'D) 1. (Cont'd) APRIL 14, 1997 COUNCIL MINUTES - 170- CITY OF KITCHENER COUNCIL MINUTES APRIL 14, 1997 - 170- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That, under the agreement, the Optimist Club of Country Hills make 10 annual payments of $6,000.00, if required, on November 1 of each year, beginning November 1, 1998, to repay the loan. That a special licensing rate of $100.00 be established for operators of "refreshment vehicles" (chip wagons) who operate solely as vendors in the outdoor Kitchener Farmers' Market, and further, That this special licensing rate may be subject to review from time to time. That Councillor M. Wagner be appointed as Council's representative on the Bikeway Study Team, with Councillor M. Yantzi being appointed as the alternate. That William Downey be named the 1997 Kitchener Artist in Residence, and further, That the Mayor and Clerk be authorized to sign a licensing agreement with William Downey to be the City of Kitchener Artist in Residence for 1997. That Rockway and Doon Valley Golf Clubs proceed with the installation of banners/flags as outlined in the report from Mr. G.D. Kett, Manager, Golf Course and Cemetery Operations, dated April 1, 1997. That the City of Kitchener renew the grass cutting service contract with the K-W Habilitation Services for 1997, at a total estimated cost of $29,943.00. That the $6,100.00 for lighting in Sand Hills Park be put back into the Capital Budget. FINANCE AND ADMINISTRATION COMMITTEE - That no action be taken at this time on the request of Richard Brookes, Chris & Richard, acting on behalf of the Siesta Massage Studio, for relief from By-law 97-40 pending the public meeting with regard to Massagists and Body Rub Parlours to be held April 22, 1997. That the 1997 licence for the Reiki Centre (174 Victoria Street, South), Iris and Thorsten Bonfig, be cancelled and the licence fee of $300.00 refunded. That a joint meeting of representatives of the Cities of Kitchener, Cambridge, Waterloo, Guelph and Brantford to receive public input on the Provincial initiative to establish permanent charitable gaming clubs in the area, be held in the Rotunda of the Kitchener City Hall at 7:00 p.m. on Tuesday, April 29, 1997; and, That the meeting be chaired by the Mayors of the respective municipalities with an invitation to attend extended to local members of Provincial Parliament, and the Gaming Control Commission; and, That submissions by delegations be limited to five minutes for individuals and 10 minutes for group representatives, that free parking be provided, that the media be informed and Rogers Cable asked to provide television coverage, and that discussion take place with the participating municipalities concerning cost sharing for this event; and, That the Department of Planning and Development be directed to undertake a review or economic benefit study in respect of land use planning policies in the City of Kitchener relating to permanent charity gaming clubs to be established and authorized by the Province of Ontario, as described in the "Request for Proposal - Charity Gaming Club Project" issued February 18, 1997 by the Gaming Control Commission of Ontario; and, FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) APRIL 14, 1997 COUNCIL MINUTES - 171- CITY OF KITCHENER COUNCIL MINUTES APRIL 14, 1997 - 171- CITY OF KITCHENER 3. (Cont'd) REPORTS ADOPTED BY COUNCIL That no action be taken relative to consideration of an Interim Control By-law that would place a one year freeze upon the establishment of permanent charity gaming clubs in the City of Kitchener, until the first meeting of City Council following the joint meeting of representatives of local municipalities to be held April 29, 1997. (As Amended) That no action be taken to conduct a referendum with respect to the Provincial initiative to establish permanent charitable gaming clubs in Kitchener. That in recognition of the importance of reducing noise pollution and its damaging effect on health, Kitchener Council indicate its support of the Citizens Coalition Against Noise in promoting "International Noise Awareness Day" on April 30, 1997. That staff investigate and report on the feasibility of granting interest free loans, for repayment in 1998, in conjunction with the proposed mural program which envisions ten corporate sponsors investing approximately $10,000.00 each. That Council approve, in principal, an interest free loan(s) with respect to the $50,000.00 targeted community donation for the skateboard park, and that staff report back to Council concerning the details and feasibility of this arrangement. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That improvements to the drainage system at the intersection of Rolling Meadows Drive and Westheights Drive be undertaken in 1997, and further, That the estimated $25,000.00 cost of these improvements be financed from the 1997 Operating Budget Index 822650 (Replace/Repair/Maintain - Storm Drains). That, effective April 1, 1997, natural gas rates be modified in accordance with the report presented to the Public Works and Transportation Committee on April 7, 1997. That the General Manager of Public Works be authorized to implement all potential savings that are neutral to impacts upon the level of service for the Transit Division, resulting from staff brainstorming efforts, immediately upon concluding financial audits, and further, That the savings be incorporated into the next update of the "Transit Fiscal Control Plan". COUNCIL MINUTES APRIL 14, 1997 - 172 - 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. Taq Day It was resolved: "That the City of Kitchener approves the Royal Canadian Air Cadets conducting its annual Air Cadets Scott Wilson Tag Day for Cancer at various locations in the Downtown and at the Kitchener Memorial Auditorium Complex on Saturday, April 19, 1997 from 9:30 a.m. to 4:00 p.m." 2. Licenses It was resolved: "That the City of Kitchener refund the licence fee in the amount of $525.00 to the Rotary Club of Kitchener, 500 Hallmark Drive, Waterloo, Ontario, N2K 3P5, due to the cancellation of Raffle Lottery Licence #M428854 which was to be held on May 31, 1997." -and- "That Massagist licenses for the year 1997 be granted to the following: Ms. Cari Beardsall, Ms. Renata Muchyn, Ms. Heidi Schlimme, Ms. Tiffany Lewis, Ms. Terry-Lynn Beardsall, Ms. Sheryl Aucoin and Ms. Rebecca Robb." -and- "That the Forest Heights Community Recreation Association, 429 Westheights Drive, Kitchener, N2N 1M3, be granted permission to operate a refreshment stand in Westheights Park on May 19, 1997, provided that the necessary Licence and Health and Fire approvals are obtained." -and- "That St. Matthews Lutheran Church Youth Group, 54 Benton Street, Kitchener, be granted permission to operate a refreshment stand, in front of the Zehrs at Zehrs Hiway Market, 1375 Weber Street East, Kitchener, on May 8-11, 1997, inclusive, provided that the necessary Licence and Health and Fire approvals are obtained." -and- "That the Greek Orthodox Community of Sts. Peter and Paul, 527 Bridgeport Road East, Kitchener, N2K 1N6, be granted permission to operate a refreshment stand at 527 Bridgeport Road East, on June 6-8, 1997, inclusive, provided that the necessary Health and Licence approvals are obtained." -and- "That the Kitchener-Waterloo Skating Club, 99 Seagram Drive, Waterloo, Ontario N2L 3B6, be granted permission to operate two refreshment stands, one at each of the Zehrs locations, Hiway Market and Forest Glen Plaza, Kitchener, on the following dates: COUNCIL MINUTES APRIL 14, 1997 - 173- CITY OF KITCI:IENER COUNCIL MINUTES APRIL 14, 1997 - 173- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES APRIL 14, 1997 - 173 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 2. Licenses (Cont'd) May 2-4, 1997; May 16-18, 1997; May 30-June 1, 1997; June 27-29, 1997; July 11-13, 1997; August 8-10, 1997; August 29-31, 1997; September 4-7, 1997; September 12-14, 1997; October 9-11, 1997 and October 24-26, 1997, inclusive, provided that the necessary Licence and Health and Fire approvals are obtained, and the reduced fee of $1.00 be applicable for each location." -and- "That Kitchener Spring Festival Organizing Committee, c/o Kitchener City Hall, 200 King Street West, Kitchener, be granted permission to operate refreshment stands, indoors and outdoors at City Hall on May 31, 1997 provided that the necessary Licence and Health and Fire approvals are obtained, and further, That the Kitchener has no objection to the Liquor Licence Board of Ontario issuing a permit to Kitchener Spring Festival to allow liquor to be sold, and further, That this event be deemed to be of municipal significance." -and- "That the Manager of Licensing be authorized to issue an Ice Cream Vehicle Driver's Licence to Jeffery Keith Steeves, as per his application dated April 7, 1997; and further, That the Manager of Licensing be authorized to issue an Ice Cream Vehicle Driver's Licence to John-Paul David Hendsby, as per his application dated March 17, 1997; and further, That the Manager of Licensing be authorized to issue a Massagist's Licence to Erin Louise Groothuis as per her application dated March 25, 1997; and further, That the Manager of Licensing be authorized to issue an Ice Cream Vehicle Driver's Licence to Brenda Viola Delahunty as per her application dated April 4, 1997." -and- "That the City of Kitchener has no objection to the Canadian Red Cross Society, 5700 Cancross Court, Mississauga, Ontario, L5R 3E9, being granted permission to sell raffle tickets in the City of Kitchener for draws to be held at their offices at 5700 Cancross Court, Mississauga, Ontario, on June 5 & June 19, 1997." 3. Execution of Enqineerinq Aqreements It was resolved: APRIL 14, 1997 COUNCIL MINUTES - 174 - CITY OF KITCHENER COUNCIL MINUTES APRIL 14, 1997 - 174- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL "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 3, Draft Plan 30T-89011 ." COUNCIL MINUTES APRIL 14, 1997 - 174 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 4. Voisin Greenwa¥ Creek Improvements - FOREST WARD It was resolved: "That the City accepts offers to extend a temporary construction easement to the City, at a cost of $100.00 per month for each of the three locations for a minimum of three months from: Kathleen Barker and Arnold J. Barker, 323 Greenbrook Drive; Helen Staller and John Staller, 329 Greenbrook Drive; and Carol Palmer and Michael Palmer, 385 Greenbrook Drive, to allow access for the City's contractor to repair or replace the bagwalls located along the Voisin Greenway Creek." 5. Encroachment Aqreements It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Sol-Mar Restaurant Inc. to operate a hotdog cart in front of Sol-Mar Restaurant located at 323 King Street West for the 1997 season." -and- "That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Go Internet Cafe to permit the use of six feet, six inches (6'6"), more or less, of sidewalk directly in front of Go Internet Cafe, located at 10 King Street East, for the operation of a sidewalk patio for the 1997 season." -and- "That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of The Strand to permit the use of four (4) feet, eleven (11) inches, more or less, of sidewalk directly in front of The Strand located at 185 King Street West, for the operation of a sidewalk patio for the 1997 season." -and- "That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Dandy's Restaurant to permit the use APRIL 14, 1997 COUNCIL MINUTES - 175- CITY OF KITCI:IENER COUNCIL MINUTES APRIL 14, 1997 - 175- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL of five (5) feet of sidewalk directly in front of Dandy's Restaurant located at 85 King Street West, for the operation of a sidewalk patio for the 1997 season." -and- "That, subject to receiving a Public Hall Licence and a Restaurant Licence from the Manager of Licensing, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with 860184 Ontario Limited, the owner of the restaurant/night club known as Stages to permit the use of seven (7) feet, six (6) inches, more or less, of sidewalk directly in front of 312 King Street West, for the operation of a sidewalk patio for the 1997 season." COUNCIL MINUTES APRIL 14, 1997 - 175 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) Variance to City of Kitchener Municipal Code, Chapter 680 (SiRn) - BRIDGEPORT NORTH WARD It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of March 25, 1997, recommending approval of Submission No. S 1/97 - John P. Logel- Be Ratified and Confirmed." 7. Aqreement - Pioneer Tower West Community Councillor T. Galloway commented that the proposed agreement with Parks Canada was as a result of the Pioneer Tower West planning process. He stated that it was his expectation the monies involved would be directed towards certain interpretive signage that will eventually be brought on to the site and in the meantime the funds would be placed in trust. Councillor M. Wagner advised that it was his understanding there was a possibility of some additional monies being paid into the fund as a result of partnership arrangements. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement with The Department of Canadian Heritage, Parks Canada, regarding a Ten Thousand ($10,000.00) Dollar contribution towards the development of interpretive facilities to support public education and appreciation for the heritage significance of the Pioneer Tower West area of the City. Said agreement to be to the satisfaction of the City Solicitor." 8. Habitat for Humanity Waterloo Reqion Inc. - CHICOPEE WARD It was resolved: "That the Mayor and Clerk be authorized to execute a transfer, for nominal consideration plus legal and all sidewalk construction costs, of a 13.85 square metre parcel of land APRIL 14, 1997 COUNCIL MINUTES - 176- CITY OF KITCHENER COUNCIL MINUTES APRIL 14, 1997 - 176- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL adjacent to Grulke Street, described as Part of River Road, Registered Plan 775 closed by By-law 6201 designated as Part 3, Plan 58R-10070, to Habitat for Humanity Waterloo Region Inc. to be consolidated with its existing holdings for the development of a three unit street townhouse." 9. Tenders The tenders were dealt with under Delegations. 10. Charitable Refreshment Stand Licence It was resolved: "That Kingsdale Participating Preschool Inc., 237 Wilson Avenue, Kitchener, Ontario, N2G 1C9, be granted permission to operate a refreshment stand, at their school in Kitchener, on May 3, 1997, inclusive, provided that the necessary Licence and Health approvals are obtained." COUNCIL MINUTES APRIL 14, 1997 - 176 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 11. Charitable Hawkers and Pedlars and Refreshment Stand Licence It was resolved: "That the YWCA City Kids Daycare, 111 Duke Street E, Kitchener, N2H 1A4, be granted permission to operate a garage sale and refreshment stand at City Hall in the Civic Centre on June 7, 1997, provided that the necessary Licence and Health and Fire approvals are obtained." 12. Charitable Refreshment Stand and Hawker and Pedlar Licences It was resolved: "That the Fellowship Christian School, 306 Erb Street, Waterloo, N2L 1W3, be granted permission to hold a Garage Sale and operate a Refreshment Stand at C.N. Weber Ltd., 675 Queen Street South, Kitchener, on Saturday, May 10, 1997, provided that the necessary licences are obtained." 13. Transfer of Lands re: Draft Plan of Subdivision 30T-95016 - Lookout Lane - 346874 Ontario Limited/Grand River Conservation Authority to City of Kitchener It was resolved: "That the City accept for nominal consideration, title to Part of Lot 12, Beasley's Broken APRIL 14, 1997 COUNCIL MINUTES - 177- CITY OF KITCHENER COUNCIL MINUTES APRIL 14, 1997 - 177- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Front Concession designated as Lots 2, 3, 55 & 56 on Draft Plan of Subdivision 30T- 95016 from 346874 Ontario Limited, to replace public open space lands owned by the Grand River Conservation Authority on Pioneer Tower Road, approved for development, and to satisfy the Grand River Conservation Authority's parkland dedication requirements for its proposed plan of subdivision; and further, That upon the receipt of a registrable deed for such land, along with appropriate interim access acceptable to the City Solicitor, the City shall remove the holding provisions from the said Grand River Conservation Authority lands."