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HomeMy WebLinkAboutCouncil Minutes - 1997-04-28COUNCIL\1997-04-28 APRIL 28, 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 the Transylvania Club Mixed Choir under the direction of Mr. Karl Schropp. At the conclusion of the singing of the National Anthem, Mayor R. Christy requested those individuals in the Council Chamber to remain standing for observation of one minute of silence in memory of workers who have been injured or killed on the job. Councillor John Smola thanked the Choir for its rendition of the National Anthem. On motion by Councillor T. Galloway, the minutes of the regular meeting held April 14, 1997, and special meetings held April 14 and 21, 1997, as mailed to the members, were accepted. COMMUNICATION REFERRED TO COMMITTEE OF THE WHOLE - (a) Letter dated April 23, 1997 from R.W, Pritchard, Commissioner of General Services & City Clerk, respecting applications for cancellation, refund, reduction or levy of taxes - April 28, 1997 Hearing. Councillor Jake Smola welcomed the 24th Kitchener Boy Scout Troup from St. James Rosemount Church and their leader Mr. Peter Miller who were in attendance at the meeting this date. Mayor R. Christy advised that a ceremony had been held in the Rotunda prior to the beginning of the Council meeting in respect to the presentation to the City for preservation and rededication of a memorial grandfather clock in commemoration of those served their country as members of the Scots Fusiliers of Canada. Mayor Christy welcomed Sergeant Major Glen Decker, retired and his son Dave Decker. Mr. D. Decker provided a brief history of the local regiment from original formation through various reorganizations with the Highland Fusiliers now being the Region's regiment. He indicated that their purpose in appearing this date was to re-dedicate the grandfather clock as a memorial which the Scot's Fusiliers Sergeant's Mess Association has preserved for the last 47 years. He indicated that a number of members of the Scot's Fusiliers were in attendance this date. Mr. G. Decker made a few remarks indicating that the Association wished to officially present the heritage grandfather clock in memory of those who served in the Scot's Fusiliers during World War II. Mayor R. Christy read the inscription on the plaque and accepted it on behalf of City Council and the citizens of Kitchener. Mr. Paul Perak, Publicity Chair, Canadian Croatian Folklore Festival appeared as a delegation to provide an update to Council and the community regarding the Canadian-Croation Folklore Festival which Kitchener is hosting on May 17 and 18, 1997. At this point, a musical selection typical of what would be played and sung at the Folklore Festival was performed. Mr. Perak advised that this was the 23rd Folklore Festival and noted that it had previously been held in Kitchener in 1980 and 1990. As well, he indicated that a concert would be held at the Centre In The Square on both days and invited members of City Council to participate in all activities. Councillor B. Vrbanovic thanked Mr. Perak, the Board of Directors and members of the group who performed this evening. Mr. Larry 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. Councillor M. Wagner referred to Tender T97-31 for the supply of Computer Workstations and Mr. L. Gordon explained the rationale regarding the award of the tender to Amsdell Inc. inclusive of optional pricing totalling $24 for each unit. Moved by Councillor G. Lorentz Seconded by Councillor M. Wagner "That tender T97-1, Concrete Sidewalk and Curb Construction and Repairs, be awarded to G.J.R. Construction Ltd., Kitchener at a price of $501,662.20., including G.S.T." -and- "That tender T97-31, Supply of Computer Workstations, be awarded to Amsdell Inc., Richmond APRIL 28, 1997 COUNCIL MINUTES - 188- CITY OF KITCI:IENER Hill, Ontario at their tendered price of $43,350. for twenty-five computers, plus optional network card, monitor, G.S.T. and P.S.T. and further, that additional units be purchased up to a maximum of one hundred as required during the term of the contract." Carried. Mr. Ron Kraishnik appeared as a delegation on behalf of Saturn Kitchener to make a donation towards playground equipment in Kiwanis Park. With the assistance of Mr. J. Nelson, slides were exhibited on the overhead illustrating the type of playground equipment proposed. Mr Kraishnik noted that last year the Saturn organization had sponsored a drive-in reunion for vehicle owners. Rather than duplicate last year's event, the Saturn organization has chosen to take on the playground development in Kiwanis Park as a project in support of the Kitchener-Waterloo community. In response to a question, Mr. Kraishnik indicated that the value of the project was approximately $31,000 for material only and that labour would be supplied by Saturn owners and anyone else in the community who wished to assist in the construction. Mayor R. Christy and Councillor K. Redman thanked Mr. Kraishnik and Saturn Kitchener for their donation. Councillor B. Vrbanovic commented on how pleasing it was to see the renewal in Kiwanis Park and that he would welcome active interest by other groups in upgrade of the park for the community. Mr. Harry Froklage, Chair of the Festival Organizing Committee, Kaleidoscope - Kitchener Festival of the Arts, appeared as a delegation to make a presentation and provide an update on the Festival. He noted that the Mayor's Task Force on the Downtown had recommended a community based Arts Festival and that in this regard Kaleidoscope was scheduled for July 25 and 26, 1997. Ms. Heather Atkinson assisted Mr. Froklage and noted that work has been ongoing for six months and it is expected there would be broad participation in the Downtown area. She indicated that she wished to announce the winner of the Festival Logo Contest and thanked the two runners up for their submissions, as well as the Kitchener Downtown Business Association for its support. She then asked Ms. Luba Pushkar who created the winning logo to unveil her design. Mr. Ron Brown , Vice-Chairman of the Organization Committee advised that he was responsible for organizing the talent for the Festival and in this regard Ms. Marianne Wiens of the K-W Symphony played a musical selection as a sampling of the talent that the Festival would be offering. Mr. Doug Williams, President of the Auditorium Neighbourhood Association, appeared as a delegation in regard to clause 1 of the Community Services Committee report to express concerns about the proposed skateboard park at the Kitchener Memorial Auditorium Complex. He indicated that the residents of the Association believe a proper environmental impact study of the skateboard proposal was not done. Further, he advised that the auditorium complex can provide just in excess of 1,900 parking spaces and that the minimum parking requirement was over 2,500 parking spaces. Accordingly, he stated that elimination of approximately 65 spaces would result in a greater violation. He requested that Council defer making a decision on the skateboard park to allow for these issues to be addressed and also allow for neighbourhood involvement in the process. Councillor M. Yantzi questioned what was meant by their request for an environmental impact study and Mr. Williams responded that the purpose of the study would be to determine how the proposal affects the neighbourhood in terms of noise, parking and the fit of the proposal into the mix of operations taking place at the auditorium complex. Mr. Chris Farley appeared as a delegation in support of clause 1 of the Community Services Committee report of this date. He advised that he wished to congratulate Council for its endorsement of the skatepark project and that he wished to publicly invite opponents of the project to enter into discussions about usage and issues related thereon. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That clause 1 of the report of the Community Services Committee of this date be adopted." Councillor M. Wagner commented that parking requirements are normally established when a structure is first built and noted that many facilities in terms of today's new standards do have an irregular parking problem. Councillor Jake Smola stated that he supported the skatepark project noting that some 100 locations were considered and commented that the skatepark would take up only a small section of the existing parking lot. He suggested that the neighbourhood association consider the project as an opportunity for the community to add programming at the auditorium complex. Councillor J. Ziegler stated APRIL 28, 1997 COUNCIL MINUTES -189- CITY OF KITCI:IENER that he was in receipt of a memorandum from staff advising that the auditorium complex contained 1,950 parking spaces, that 1,600 spaces was the parking requirement and that only 65 spaces would be displaced for the skatepark. He commented that with the provisions that have been made in respect to the project, a problem if it arises, will be identified and dealt with. Councillor M. Wagner commented that Councillor K. Redman had promoted the project and brought it forward but that she had been unfairly taking criticism with respect to the project and he suggested that if any criticism was warranted, it was the responsibility of the entire Council which has consistently supported the project. Councillor B. Vrbanovic stated that it was his recollection all votes in favour of the skatepark proposal were unanimous. Councillor K. Redman stated that it was her view that the City was doing the right thing for all the best reasons in approving the skatepark proposal. She commented that the K-W Record misconstrued the issue of the $50,000 loan and noted that it was always the intent to find a service club sponsor. In this regard, she noted that the Optimist Clubs of Stanley Park, of the Twin Cities and of Waterloo Region have agreed to act as sponsors. The motion of Councillor G. Lorentz to adopt clause 1 of the Community Services Committee report was put to a vote and Carried Unanimously. Ms. Phyllis Martindale, President of the Forest Heights Community Association, appeared as a delegation to express appreciation to City Council for committing the funding required for the construction of a community centre in Forest Heights and in regard to the Association's $15,000 loan and financial commitment in support of the centre. Mr. Bill McPhee, President of the Forest Hill T-Ball Association, appeared as a delegation in support of the Forest Heights Community Centre and in regard to their $32,000 loan and financial assistance in support of this centre to be undertaken by the Association. He noted that the T-Ball Association has over 1,000 children registered in its program comprising approximately 100 teams and that the Association was desperately in need of storage and meeting space within the centre. Mr. Glen Mateff, President of the Optimist Club of Forest Heights Inc., appeared as a delegation in support of the community centre and in regard to their $100,000 loan and financial commitment toward the construction of the facility. Councillor G. Lorentz expressed appreciation to the numerous community volunteers who were in attendance at the meeting and noted that other fund-raising schemes will be coming forward in regards to the new community centre facility. He indicated that an ambulance station would be integrated into the new community centrefiire hall in Forest Heights and expressed appreciation to Council for its support of the project. Councillor T. Galloway commented that the offers that have been received from community groups were another example of the kind of assistance that has been forthcoming from community groups recently and in this regard referred to the projects that have been designated under the Community Assistance Loan Program. In response to Councillor M. Yantzi, Councillor G. Lorentz advised that the purpose of the loans to the community groups was to provide for additional space plus enhancements within the community centre and that repayments on the loans would commence in 1999. Moved by Councillor G. Lorentz Seconded by Councillor John Smola "That Council approve providing the following three groups with interest4ree loans, to finance the provision of additional space plus enhanced features within the community centre portion of the new Forest Heights Community Centre/Fire Hall facility, subject to satisfactory negotiations with the Finance and Parks & Recreation Departments: (1) The Optimist Club of Forest Heights, a loan of $100,000 to be repaid in five (5) yearly payments of $20,000, starting on November 1, 1999; and further, (2) The Forest Hill T-Ball Association Inc., a loan of $32,000 to be repaid in five (5) yearly payments of $6,400, starting on November 1, 1999; and further, (3) The Forest Heights Community Association, a loan to the limit of $15,000 to be repaid in three (3) yearly payments of up to $5,000, starting on November 1, 1999." Carried. Mr. John MacDonald and Ms. Trudy Beaulne, Brenda McLaughlin and Faith Loft, appeared as a delegation representing the Organizing Committee for the Kitchener Celebrates Neighbourhoods 97. APRIL 28, 1997 COUNCIL MINUTES - 190- CITY OF KITCI:IENER Their annual report for 1996 was attached to the agenda and Mr. MacDonald circulated financial statements of expenditure for the 1996-97 season. As part of the group's presentation, it was noted that they had developed a challenge to continue a doubling of neighbourhood involvement. Members of Council were presented with T-Shirts promoting the 1997 Neighbourhood Celebration event which is scheduled for September 14, 1997. Mr. Gary Wright, Wright Dietrich, appeared as a delegation on behalf of Hallman Rosedale Limited to support clause 2 of the report of the Planning and Economic Development Committee. He commented that the proposed development was an in-fill subdivision to be constructed on a surplus school board site. Messrs. Jeff Thompson and Dennis Hilker, appeared as a delegation on behalf of the K-W Field Naturalists to request deferral of consideration of clause 2 of the Planning and Economic Development Committee report. Mr. Thompson illustrated a map of the proposed subdivision and how a trail connection had been proposed to run through the school site to link environmentally sensitive areas. He pointed out how the subdivision plan does not allow for continuation of the link down to the Grand River Corridor. Mr. Thompson indicated that he would like an opportunity to discuss this matter with staff and the proponent in view of various official plan and City policies that support such linkage. Further, he noted that the K-W Field Naturalists has been actively involved in the planting of trees and shrubs along the existing corridor in the area. In response to questioning, Mr. Thompson indicated that it was his view the provision of pavement within the right-of-way on the court would not function as a corridor in replacement for the original natural linkage envisaged by means of the school site. Mr. G. Wright commented that the connection referred to by Mr. Thompson was a matter that was raised early in the pre-consultation process with City departments with several designs being considered and ultimately the recommended one was chosen as the most appropriate design. He indicated that the grades on the site were too severe to create the trail linkage that has been suggested and it was decided that the most appropriate grade was found to be along the street right-of-way. Further, he advised that it was intended to start site preparation on May 5. Mr. B. Stanley advised that the issue of elevation was addressed as part of the subdivision process and he noted that the subdivision was elevated on three sides and that the green area illustrated on the map shown to Council represented a vertical drop of 17 1/2 feet. He confirmed that different designs have been considered to address the elevation concern and it was concluded that the proposed subdivision design was the only viable option. Councillor Jake Smola disclosed a conflict of interest and abstained from discussion as his residence is located within the circulation area of the proposed zone change. He stated that he was of the opinion that he could speak on matters relating to revision to the Grand River Community Plan and the subdivision application proposed for the former school board site. A general discussion on the request for deferral took place and Mr. B. Stanley advised that the policies quoted by Mr. Thompson were general to the City as a whole. Councillor M. Yantzi commented that what was at stake was the amount of developability of the site; however, Mr. Stanley stated that he did not think intensity was a constraint and suggested the point is that the perimeter of the site was entirely built up. Councillor T. Galloway questioned what the Grand River North Community Plan states in respect to Green Space Management and Wildlife Corridors and Mr. Stanley advised that the plan was an old one dating back to 1975 and as such did not address these kinds of issues given the period in which the plan was approved. Councillor T. Galloway commented that the City does not have any expertise on staff in respect to wildlife issues and questioned if staff could obtain a comment on the functionality of the corridor in respect to the wildlife issue. Mr. Stanley suggested that the Regional EAAC might provide such advice. Councillor B. Vrbanovic commented that he felt there were some questions that should be answered and favoured deferral for this reason. Councillor J. Ziegler suggested that if deferral was agreed to, the matter could be considered as part of the May 5 special Council meeting. Mr. B. Stanley noted that if deferral was agreed to, Item B.4 of the Committee of the Whole agenda of this date also should be deferred and referred to the same meeting. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That clause 2 of the Planning and Economic Development Committee report of this date be adopted." Moved by Councillor B. Vrbanovic Seconded by Councillor T. Galloway COUNCIL MINUTES APRIL 28, 1997 - 191- CITY OF KITCI:IENER "That clause 2 of the Planning and Economic Development Committee report of this date be deferred and referred to the May 5, 1997 Planning and Economic Development Committee meeting for further consideration with direction that the Committee's recommendation be placed before the May 5 special Council meeting for ratification and approval of the zoning by-law, if appropriate." Carried. Councillor Jake Smola previously disclosed a conflict of interest and abstained from discussion and voting as his residence is located within the circulation area of the proposed zone change. Councillor T. Galloway stated that with regard to clause 2, he was expecting comment to be provided in regard to the functionality of a corridor and how it would work as a link between the environmentally sensitive areas that had been referred to. Councillor G. Lorentz indicated that individuals were still in attendance in regard to clause 3 of the report of the Community Services Committee dealing with the new Forest Heights Community Centre/Fire Station. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That clause 3 of the Community Services Committee report of this date be adopted." A motion by Councillor T. Galloway was accepted as a friendly amendment to clause 3 that would add reference to the City of Waterloo in the second paragraph of clause 3. The motion of Councillor G. Lorentz to adopt clause 3, as amended, was then put to a vote and Carried. Ms. Kristine Little appeared as a delegation in regard to her appeal, of the restricted dog designation of her dog "Bo", to the Dog Designation Appeal Committee which in its decision dated April 17, 1997 affirmed the decision of the Kitchener-Waterloo & North Waterloo Humane Society. She commented on the lack of an accepted definition of pit bull dogs as a breed and that it was her opinion she had supplied more than enough information and evidence to the Dog Designation Appeal Committee to show that her dog was an American Staffordshire Terrier. She also complained that her Appeal Hearing was unfair since Mr. W. Bonnell had left during the proceeding. Ms. Little acknowledged that she did not have information about the parentage of her dog. Members of Council then posed a number of questions to which Ms. Little responded. Councillor J. Ziegler clarified that Mr. W. Bonnell's role was to give evidence and that he had left the Hearing after testifying. He also acknowledged that a bit of inconsistency took place in regard to the swearing of witnesses and then explained the rationale behind the Committee's decision. Councillor B. Vrbanovic commented that he had attended some of the Hearings and he did not think it was necessary to reconsider the Dog Designation Appeal Committee's decision which was consistent as to consideration given other appeals. Moved by Councillor B. Vrbanovic Seconded by Councillor Jake Smola "That no action be taken by this Council in respect to the decision of the Dog Designation Appeal Committee relative to the dog named 'Bo' owned by Kristine Little." Mr. J. Shivas, City Solicitor, recommended to Council that Ms. Little was entitled to appeal the Committee's decision which Council could choose to hear this date or establish a date to hear her appeal when others are heard. Councillor B. Vrbanovic commented that he understood Ms. Little's presentation this date was her appeal. Councillor J. Ziegler questioned the appeal process and questioned whether Council could render a decision. Mr. J. Shivas recommended Ms. Little be given a further opportunity to appeal and that all APRIL 28, 1997 COUNCIL MINUTES - 19~- CITY OF KITCHENER relevant witnesses be available in that regard. It was suggested she should file an appeal with the City Clerk. Councillor T. Galloway stated that he did not understand the appeal rationale given the Dog Designation Appeal Committee had dealt with the case. Councillor J. Ziegler stated he was of the understanding that any appeal should be through the Courts and that he disagreed with the appeal process suggested by the City Solicitor. A lengthy discussion on the subject of appeal process took place. Ms. L. Pasternak advised that she had represented the respondent, the Humane Society and it was her position that the Dog Designation Appeal Committee made the correct decision which Council could affirm rather than holding a re-hearing of all the evidence. Mr. J. Shivas clarified that Council could exercise discretion as to the depth of its process to review any appeal, though he favoured a form of Appeal Hearing that would provide for a full review of the matter. Further comments were made with regard to the appeal process. Mr. J. Shivas suggested a re-wording of Councillor Vrbanovic's motion before a vote was taken and Councillor Vrbanovic agreed. Moved by Councillor B. Vrbanovic Seconded by Councillor Jake Smola "That we accept the report of the Dog Designation Appeal Committee and uphold the Committee's decision as set out in the Notice of Decision dated April 17, 1997 relative to the dog named 'Bo' owned by Kristine Little." Carried. Ms. Linda Cover appeared before Council in respect to the pit bull issue and at her request a video which she provided was shown to Council. It was suggested that there was no reason to treat pit bulls any differently than any other breed and a number of comments were made in respect to the matter of breed and the effect that incompetent owners have on any dog. Mr. Barrie Paul, appeared as a delegation to express his points of view with regard to the pit bull issue and suggested that there appeared to be an identification crisis among the experts as to what a pit bull was. In responding to some of the comments of Mr. Paul, Councillor J. Ziegler noted that the by-law had been amended to recognize those dogs that passed the Canine Good Citizenship Test. Councillor B. Vrbanovic commented that the two cities have been accommodating in terms of balancing the need for public safety in regard to this matter. Ms. Pamela Caulder appeared as a delegation in regard to the pit bull issue and quoted certain statistics respecting the ratio of pit bull incidents as compared to the incidents that have taken place involving other dogs. She suggested that the two cities had acted hastily in adopting the by-law and that a leash law would address the problem. Also she suggested that the focus be to place restrictions on individual dogs where warranted. Mr. Dave Durnford appeared as a delegation regarding the pit bull issue and also suggested that the two cities had acted hastily in passing the by-law and that the thrust of their efforts would be better directed against irresponsible dog owners. In response to Councillor J. Ziegler, Mr. Durnford advised that he was satisfied with the hearing he received from the Dog Designation Appeal Committee and that the process did provide opportunity to present his side of the case. Councillor Jake Smola noted that once responsible owners have identified themselves and had their dogs licensed, there would be an opportunity to then deal with irresponsible owners. Mr. Gord Langille also appeared as a delegation regarding the pit bull issue and stated that he felt there was no justification to slaughter puppies. He also stated that no one could really say what these dogs were and that the problem in the municipality was a dog at large problem. He also suggested that there was no proof many of the recorded dog bites could be attributed to pit bulls. In response to Councillor J. Ziegler, Mr. Langille indicated that he was satisfied with the outcome of his Hearing Appeal to the Dog Designation Appeal Committee. Mr. John MacDonald appeared as a delegation in support of clause 8 of the report of the Planning and Economic Development Committee of this date. He indicated he was prepared to answer any question or concern of Council with respect to the conceptual design phase for the Downtown Lighting Design Study. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi APRIL 28, 1997 COUNCIL MINUTES - 193- CITY OF KITCI:IENER "That clause 8 of the report of the Planning and Economic Development Committee of Council of this date be 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 Jake Smola referred to clause 7 of the report dealing with the Team Kitchener proposal and questioned how the initiative would integrate with the strategic goals and objectives of the Economic Development Division. Mayor R. Christy suggested that the team be permitted to address that issue. Councillor M. Yantzi was of the view that the scope of clause 7 was too narrow in terms of a city only approach. Mayor R. Christy responded that there was no reason why discussion of integration of CTT and City objectives could not be approached and commented on by the Team. Councillor T. Galloway recommended that since Kitchener embarked on the Team Canada initiative, it should move swiftly to capitalize on contacts that were made as timing was crucial. Councillor Jake Smola again referred to the issue of involvement by the Economic Development Division and noted that it was already under-staffed and suggested that its attention should be focused on local investors. He also suggested that the Team Kitchener proposal slow down and the process to consider the goals and objectives of the Economic Development Division be accelerated. Mayor R. Christy noted that a re-organization of the Division was proposed for October 1; however, Councillor Jake Smola commented that the re-organization does not have anything to do with completion of the Division's goals and objectives. The report was then put to a vote. Voted on Clause by Clause. Clause #2 - Dealt with under Delegations and referred to the May 5, 1997 Planning and Economic Development Committee meeting for further consideration with direction that the Committee's recommendation be placed before the May 5 special Council meeting for ratification and approval of the zoning by-law, if appropriate. Clause #7 - Carried. Clause #8 - Dealt with under Delegations and Carried. Balance of Report - Carried. Recorded conflict of interest and abstention: Clause #2 - Councillor Jake Smola in regard to the zone change application as his residence is located within the circulation zone of the proposed development. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That the report of the Community Services Committee of this date be adopted." Councillor J. Ziegler referred to clause 2 of the report and expressed concern that endorsement could lead to the hiring of additional firefighters and that his preference was to consider all alternatives that would reduce future hiring requirements. Councillor G. Lorentz stated that he would accept a friendly amendment in regard to the concern of Councillor J. Ziegler. Councillor T. Galloway suggested it might be prudent to defer clause 2 to fully review concerns. Fire Chief J. Hancock indicated that staff could prepare a report that would address staffing implications but he did express concern that he did not want this issue to hold up the implementation plan because of the future hiring issue. On motion by Councillor J. Ziegler, a friendly amendment was accepted in regard to clause 2 that provides for acceptance, save APRIL 28, 1997 COUNCIL MINUTES - 194 - CITY OF KITCI:IENER and except for the staffing implications that the Fire Chief and Deputy Fire Chief were requested to report on to the Committee. Other comments were made with regard to the size of the fire halls and design with respect to ability to accommodate an ambulance service and crew members. Councillor J. Ziegler referred to clause 8 of the report and suggested that a base be designed for the grandfather clock so that it sits on a raised platform thereby preserving the base from damage. The report was then put to a vote. Voted on Clause by Clause. Clause #1 - Dealt with under Delegations and Carried. Clause #2 - Carried, as amended. Clause #3 - Dealt with under Delegations and Carried, as amended. Balance of Report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor John Smola "That Council reconsider its decision of October 7, 1996, to reduce the grant to the Kitchener Horticultural Society by $10,000 in 1997." Carried with the required two-thirds majority of all members present. Moved by Councillor G. Lorentz Seconded by Councillor John Smola "That Council approve a 1997 grant to the Kitchener Horticultural Society in the amount of $96,198." 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." Carried. Moved by Councillor John Smola Seconded by Councillor M. Wagner "That the report of the Public Works and Transportation Committee of this date be adopted." Councillor John Smola advised that he had circulated a proposed amendment to clause 2 of the report that provides for the addition of two sub-items numbered 4 & 5 with existing sub-item #4 being re- numbered to #6 and the deletion of existing sub-item #5. Councillor M. Yantzi questioned the funding source in regards to clause 2 and Mr. E. Kovacs advised that temporary measures could be accommodated this year and if they were to become permanent they could be linked to the traffic calming policy. Mr. J. Gazzola commented that it was not clear that local improvement legislation could be utilized to handle funding of the cost of traffic calming measures. The motion by Councillor John Smola, seconded by Councillor M. Wagner to amend the report in regards to clause 2 as proposed was Carried. APRIL 28, 1997 COUNCIL MINUTES - 195- CITY OF KITCI:IENER The report was then put to a vote. Voted on Clause by Clause. Clause #2 - Carried, as amended. Balance of Report - Carried. Councillor C. Weylie requested to be recorded as opposed to clause 2 of the report. Mayor R. Christy gave notice to the viewing audience that a public forum to discuss Charity Gaming Clubs was being held in the Kitchener City Hall Rotunda on Tuesday, April 29, 1997 commencing at 7 p.m. The Cities of Kitchener, Waterloo, Cambridge, Guelph and Brantford were participating in this joint public forum. Councillor J. Ziegler referred to the Midway that was held recently on the former Bestpipe property on Ottawa Street South at Strasburg Road. He indicated that a number of complaints had been received from area residents, particularly focused on noise and requested that if a similar event was held in future, it be situated further away from the Strasburg corner and deeper in the site. Further, he suggested that the closest residents be advised of any future event and that such event was held for purposes of charity fund raising. Councillor Jake Smola extended congratulations to the Twin City Spinners for winning the Canadian Wheel Chair Basketball Championships for the third time. Councillor T. Galloway commented that he asked staff for a report providing financial data comparisons among municipalities under various categories. Mr. J. Gazzola advised that staff prepared some per capita debt comparisons which were presented to Council during its 1997 budget deliberations, but requested Councillor Galloway be more specific in regards to his request. Councillor Galloway advised that he was particularly interested in a comparison of the reserves per capita and the amount of local improvement work carried on in Kitchener which is very small, whereas other municipalities undertake substantial work under the Local Improvement Act which is consequently not reflected in their mill rates whereas it is in Kitchener. Mr J. Gazzola advised that it is his intention to prepare a report for Finance and Administration Committee consideration in June on financial returns and this issue could be included in that report. Councillor K. Redman referred to a letter circulated from Jacqueline A. Marsh requesting appointment to the Safe City Committee. Moved by Councillor K. Redman Seconded by Councillor M. Yantzi "That Ms. Jacqueline A. Marsh be appointed to the Safe City Committee for a term to expire November 30, 1997." Carried. Councillor T. Galloway advised that a sod turning ceremony for the new Country Hills Community Centre was held recently and pointed out that the Country Hills Optimist Club had provided a significant financial contribution to the facility which it is hoped will be complete by December, 1997. Councillor Jake Smola questioned when a report would be available on the City's Job Evaluation System and Mr. J. Gazzola advised that he had approximately 80% of the background data but needed time to complete a report. He indicated that he had committed to Management Committee and the Unions to review the report with them. He suggested a report would be available to Council in the latter part of May. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the regular Council meeting scheduled for June 2, 1997 be held on Tuesday, June 3, 1997 due to the Federal Election taking place on June 2." Carried. COUNCIL MINUTES APRIL 28, 1997 - 196- CITY OF KITCHENER Councillor T. Galloway referred to the controversy over children playing road hockey which is an acknowledged Canadian tradition. He asked for staff to provide a brief comment or report to him on this issue and its implications in respect to the Highway Traffic Act. Before consideration of the by-laws, Mr. R.W. Pritchard pointed out that as a result of the Committee's actions with regard to clause 2 of the Planning and Economic Development Committee report, the zoning by-law in that regard had been deleted from the agenda where it was previously listed for three readings. At this time, Council consented to a request from Mr. Pritchard to add an additional by-law to the agenda for third reading that provides for the closing and sale of part of Old Chicopee Drive. Moved by Councillor G. Lorentz Seconded by Councillor John Smola "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to govern and regulate the finances of the City of Kitchener for the fiscal year ending December 31, 1997 and to provide for the payment of taxes after interim taxes (b) Being a by-law to authorize the borrowing of $101,000,000 from January 1, 1997 to September 30, 1997 and $50,000,000 from October 1, 1997 to December 31, 1997 (c) Being a by-law to approve a Capital Expenditure for the undertaking of various construction or renovation projects and the purchase of urban buses and fire vehicles, at a total estimated cost of $3,350,000 and for the borrowing of money therefor (d) Being a by-law to exempt certain lots from Part Lot Control - Lot 9, Registered Plan 1216 - Old Chicopee Drive (e) Being a by-law to provide for the establishing and laying out of part of Westmeadow Drive as a public highway in the City of Kitchener 5. (Cont'd) (f) To confirm all actions and proceedings of the Council and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor R. Christy appointed Councillor T. Galloway as Chair. On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. Moved by Councillor T. Galloway 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 G. Lorentz Seconded by Councillor John Smola "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to govern and regulate the finances of the City of Kitchener for the fiscal APRIL 28, 1997 COUNCIL MINUTES - 197- CITY OF KITCI:IENER (b) (c) (d) (e) (f) year ending December 31, 1997 and to provide for the payment of taxes after interim taxes (By-law No. 97-69) Being a by-law to authorize the borrowing of $101,000,000 from January 1, 1997 to September 30, 1997 and $50,000,000 from October 1, 1997 to December 31, 1997 (By-law No. 97-70) Being a by-law to approve a Capital Expenditure for the undertaking of various construction or renovation projects and the purchase of urban buses and fire vehicles, at a total estimated cost of $3,350,000 and for the borrowing of money therefor (By-law No. 97-71) Being a by-law to exempt certain lots from Part Lot Control - Lot 9, Registered Plan 1216 - Old Chicopee Drive (By-law No. 97-72) Being a by-law to provide for the establishing and laying out of part of Westmeadow Drive as a public highway in the City of Kitchener (By-law No. 97-73) (By-law No. 97-74) To confirm all actions and proceedings of the Council (Cont'd) (g) Being a by-law to close Part of Old Chicopee Drive shown as Parts 1, 2 and 3, Plan 58R- 10614, sell Parts 1 and 2 and retain Part 3 thereof, in the City of Kitchener (By-law No. 97-75) 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 the City accept, and the Mayor and Clerk execute an Offer to Purchase submitted by Whitney & Company Realty Limited, In Trust, with respect to land in Phase 1 of the Lancaster Corporate Centre and being composed of the most westerly 1.5 acres of Parts 3, 20 & 21 on Reference Plan 58R-7231, having a frontage of about 227 feet, a depth of about 295 feet, at a total purchase price of approximately $225,580.00 based on a price of $175,000 per acre for 1.24 acres of land with no restrictions (Parts 3 and 21) and $33,000.00 per acre for .26 acres which is restricted by regulations (Part of Part 20); and further, That the Mayor and Clerk are hereby authorized to execute any other necessary documentation required by the City Solicitor. 2. A. That the "Grand River North Community Plan" be revised as follows: a) That Map "A" Land Use Plan, be revised to redesignate lands as indicated on the map attached, from Parks and Schools to Low Density Residential. b) That the Policy 3.5.5. be deleted. It is the opinion of this Committee that approval of this revision to the Community Plan is proper planning for the City. That Zone Change Application ZC 96/40/K/PB (Hallman Rosedale Ltd.) requesting a change in zoning from Neighbourhood Institutional (I-1), Public Park Zone (P-l), to Residential Four Zone (R-4), Open Space Zone (P-2), Public Park Zone (P-l), according to By-law 85-1 and from Park, Public Open Space (P), Semi-Restricted Residential (R2B) according to By-law 4830 to Open Space Zone (P-2) and Residential Four Zone (R-4) according to By-law 85-1, on Part of Blocks 231 and 232, Registered Plan 1829 and Lot 52, Blocks 60, 61,62, 63 and 69, Registered Plan 1829, be approved in the form shown in the attached Proposed By-law dated March 26 1997, subject to the Subdivision conditions contained in recommendation (C) below. That Subdivision Application 30T-96007 (Hallman Rosedale Ltd.) be recommended to the Regional Municipality of Waterloo for Draft Approval, subject to the following conditions: That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined on the attached Plan of Subdivision, and the following special conditions shall be written therein. The Subdivider covenants and agrees: 51. That the final plan for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated, March 5, 1997, providing that minor amendments to said plan, acceptable to the General Manager of Planning and Development and not affecting the numbering of lots or blocks may be permitted without an amendment to this agreement. Any changes affecting the numbering of lots or blocks shall require an amendment to this agreement to reflect such changes. 52. To submit a Lot Grading and Drainage Control Plan for the approval of the General Manager of Public Works, in consultation with the City's Department of Parks and Recreation, the Regional Municipality of Waterloo and the Grand River Conservation Authority prior to any grading or construction on site and prior to the release of this plan. 53. The Subdivider agrees that prior to any grading or construction on the site and prior to the City's release of this plan, to submit for the approval of the City's General Manager of Public Works, in consultation with the City's General Manager of Parks and Recreation, the Regional Municipality of Waterloo, and the Grand River Conservation Authority, PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 2. Cont'd a detailed engineering design for storm water management in accordance with the approved concept plan. Said engineering design shall be approved prior to the City's APRIL 28, 1997 COUNCIL MINUTES - 199- CITY OF KITCI:IENER COUNCIL MINUTES APRIL E8, 1997 - 199- CITY OF KITCI:IENER 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. REPORTS ADOPTED BY COUNCIL release of the Plan for registration and shall include an erosion and siltation control plan indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction. The Subdivider further agrees to implement all required measures as outlined in the approved final design. That construction traffic to and from the proposed subdivision shall be restricted to Keewatin Avenue and Lackner Boulevard. The Subdivider agrees to advise all relevant contractors, builders, and other persons of this requirement with the Subdivider being responsible for any signage, where required, all to the satisfaction of the City's Director of Traffic and Parking Services. To convey to the City of Kitchener the following lands for the purposes stated therein, at no cost and free of encumbrance, concurrently with registration of the subdivision plan: (a) Block 50, for park purposes; (b) Block 51, for storm water management purposes; (c) Block 49, for a community trail/emergency access. That the street name within the Plan of Subdivision shall be "Glencliffe Court" which shall be shown on the Registered Plan. To construct a 1.5 metre concrete sidewalk on both sides of Glencliffe Court to the satisfaction of the City's General Manager of Public Works. That no building permits shall be issued until Blocks 46, 47 and 48 have been consolidated with Lots 43,44 and 45, respectively. The Subdivider agrees to install permanent 1.2 metre high, page wire fencing or an alternate marking system to the satisfaction of the City's General Manager of Parks and Recreation along the property lines of Blocks 51 and 52 of this subdivision and Block 231, Registered Plan 1403 where such lot lines abut this subdivision. Further, the Subdivider agrees to include a statement advising of the fencing or marking system requirement in all Offers to Purchase and Agreements of Purchase and Sale for such Lots or Blocks. To design and construct an emergency access road on Block 49 and Block 111, Registered Plan 1718 to the satisfaction of the General Manager of Public Works prior to the issuance of any building permits. To submit for the approval of the General Manager of Parks and Recreation landscaping plans for Block 49 and Block 111, Registered Plan 1678, and to complete the landscaping as approved in the case of Block 111, concurrently with the construction of the emergency access on said Block and in the case of Block 49, immediately after completion of construction on Lots 19 and 20 to the satisfaction of the General Manager of Parks and Recreation. The Subdivider agrees to fill, compact and grade in both preliminary and finished form topsoil and seed/sod Block 50 to the satisfaction of the City's General Manager of Parks and Recreation, to be completed in conjunction with the timing of grading of surrounding residential development, not to exceed two (2) years from the registration of the Subdivision Plan or at an alternate time approved in writing by the City's General Manager of Parks and Recreation. The easement registered under Instrument Number 1279637 shall be quit claimed prior to the registration of the plan of subdivision at the subdivider's cost. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 2. Cont'd COUNCIL MINUTES APRIL 28, 1997 - EO0- CITY OF KITCI:IENER COUNCIL MINUTES APRIL E8, 1997 - EO0- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL 64. That a plan showing driveway locations for all lots shall be approved by the City's Manager of Community Planning and Development Review in consultation with the General Manager of Public Works prior to the installation of services within the plan of subdivision. 65. The Subdivider agrees that all zero side yard housing shall provide 1.5 metre wide easements for maintenance and an easement allowing a maximum encroachment of 0.3 metres for eaves. The Subdivider further agrees that the registration of such easements shall occur by way of Grants of Easement Agreement and a reference plan to be deposited at the time of the sale of either the lot granting the easement or the lot to be granted the easement. This condition shall be regarded as part of the Regional Municipality of Waterloo's approval of draft conditions and as such, consent applications shall not be required for the establishment of such maintenance or eave encroachment easements. 66. The Subdivider agrees that no sewer or water service will be installed within 1.5 metres of the centre of a proposed submersible transformer vault or within 0.9 metres of a proposed electrical service stub and that no fire hydrant will be installed within 3.0 metres of a proposed street light pole or hydro pole. The Subdivider shall review the Commission's engineering drawings to coordinate the locations of these utilities and shall be responsible for insuring that these separations are maintained. It is the opinion of this Committee that approval of the Zone Change and Subdivision Application is proper planning for the City and is in conformity with the City's Municipal Plan. That the implementing Zoning By-law for Zone Change Application 96/40/K/PB (Hallman Rosedale Limited) not be sent to City Council until Subdivision Application 30T-96007 has received Regional Draft Approval whereupon the amending Zoning By-law shall be presented to Council for all three readings. Alternatively, three readings of the amending Zoning By-law may be given if the City Clerk is presented with a letter form the Regional Municipality of Waterloo advising that the Region has no objections to the passing of the By-law. That the lands within the proposed Plan of Subdivision be released from Instrument Number 1312873, being a subdivision Agreement between the City of Kitchener and Hallman Rosedale Limited, pertaining to the approval of the eleven lots fronting Westchester Drive, immediately upon registration of the new subdivision agreement required in C above. (Dealt with under delegations and referred to the May 5, 1997 Planning and Economic Development Committee meeting for further consideration with direction that the Committee's recommendation be placed before the May 5 Special Council meeting for ratification and approval of the zoning by-law, if appropriate). 3. A. That City Council recommend to the Ontario Municipal Board that the following modifications to the draft approved plans of subdivisions identified below, relative to the conditions related to municipal capital works and development charges, be approved; Delete the first two paragraphs of Condition 57 in Draft Plan of Subdivision 30T-94009 (JHS Properties Ltd.) and replace these with the following; PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 3. Cont'd COUNCIL MINUTES APRIL 28, 1997 CITY OF KITCI:IENER COUNCIL MINUTES APRIL ~8, 1997 CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL The Subdivider acknowledges that the community trail within the sections of Pioneer Tower Road and Lookout Lane to be closed, as well as the "sanitary sewage facilities" for Pioneer Tower West, which shall mean sanitary pumping station, forcemain and related appurtenances, are not currently included in the City's Development Charge By-law and if it wishes to proceed before the City's Development Charge By-law has been amended to include these works, the Subdivider agrees to provide and up-front the costs related to these services in accordance with the provisions of Section 13 (2) of the Development Charges Act, R.S.O. 1990, Chapter D.9 as amended, in order that credits from Development Charges payable may then be available. Should the Subdivider proceed under the provisions of Section 13 (2) of the Development Charges Act, this condition within this subdivision agreement shall hereby satisfy the requirement for the agreement required under Section 13 (2). In the event the Subdivider proceeds after the City amends its' Development Charge By-law to include these works, then the Subdivider acknowledges it may only proceed if sufficient money is allocated from the City's Development Charge Account to permit the City to fund said works, or should the Subdivider wish to proceed ahead of such allocation, the Subdivider agrees to be responsible for providing and up-fronting the costs related to these services. Either alternative for the provision of services ahead of City capital budget allocation outlined above shall be in accordance with the following requirements." Delete the first two paragraphs of Condition 63 in Draft Plan of Subdivision 30T-94008 (Krizsanderson Developments Ltd.) and replace them with the following; The Subdivider acknowledges that the "sanitary sewage facilities" for Pioneer Tower West, which shall mean sanitary pumping station, forcemain and related appurtenances, are not currently included in the City's Development Charge By-law and if it wishes to proceed before the City's Development Charge By-law has been amended to include these works, the Subdivider agrees to provide and up-front the costs related to these services in accordance with the provisions of Section 13 (2) of the Development Charges Act, R.S.O. 1990, Chapter D.9 as amended, in order that credits from Development Charges payable may then be available. Should the Subdivider proceed under the provisions of Section 13 (2) of the Development Charges Act, this condition within this subdivision agreement shall hereby satisfy the requirement for the agreement required under Section 13 (2). In the event the Subdivider proceeds after the City amends its' Development Charge By-law to include these works, then the Subdivider acknowledges it may only proceed if sufficient money is allocated from the City's Development Charge Account to permit the City to fund said works, or should the Subdivider wish to proceed ahead of such allocation, the Subdivider agrees to be responsible for providing and up-fronting the costs related to these services. Either alternative for the provision of services ahead of City capital budget allocation outlined above shall be in accordance with the following requirements." Delete the first two paragraphs of Condition 79 in Draft Plan of Subdivision 30T-95016 (346874 Ontario Ltd.) and replace them with the following; The Subdivider acknowledges that the community trail within the sections of Pioneer Tower Road and Lookout Lane to be closed, as well as the "sanitary sewage facilities" for Pioneer Tower West, which shall mean sanitary pumping station, forcemain and related appurtenances, are not currently included in the City's Development Charge By-law and if it wishes to proceed before the City's Development Charge By-law has been amended to include these works, the Subdivider agrees to provide and up-front the costs related to these services in accordance with the provisions of Section 13 (2) of the Development Charges Act, R.S.O. 1990, Chapter D.9 as amended, in order that credits from Development PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) COUNCIL MINUTES APRIL 28, 1997 CITY OF KITCI:IENER COUNCIL MINUTES APRIL E8, 1997 CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL 3. Cont'd Charges payable may then be available. Should the Subdivider proceed under the provisions of Section 13 (2) of the Development Charges Act, this condition within this subdivision agreement shall hereby satisfy the requirement for the agreement required under Section 13 (2). In the event the Subdivider proceeds after the City amends its' Development Charge By-law to include these works, then the Subdivider acknowledges it may only proceed if sufficient money is allocated from the City's Development Charge Account to permit the City to fund said works, or should the Subdivider wish to proceed ahead of such allocation, the Subdivider agrees to be responsible for providing and up-fronting the costs related to these services. Either alternative for the provision of services ahead of City capital budget allocation outlined above shall be in accordance with the following requirements." Delete the first two paragraphs of Condition 59 in Draft Plan of Subdivision 30T-94017 (Maple Manor Ltd.) and replace them with the following; The Subdivider acknowledges that the "sanitary sewage facilities" for Pioneer Tower West, which shall mean sanitary pumping station, forcemain and related appurtenances, are not currently included in the City's Development Charge By-law and if it wishes to proceed before the City's Development Charge By-law has been amended to include these works, the Subdivider agrees to provide and up-front the costs related to these services in accordance with the provisions of Section 13 (2) of the Development Charges Act, R.S.O. 1990, Chapter D.9 as amended, in order that credits from Development Charges payable may then be available. Should the Subdivider proceed under the provisions of Section 13 (2) of the Development Charges Act, this condition within this subdivision agreement shall hereby satisfy the requirement for the agreement required under Section 13 (2). In the event the Subdivider proceeds after the City amends its' Development Charge By-law to include these works, then the Subdivider acknowledges it may only proceed if sufficient money is allocated from the City's Development Charge Account to permit the City to fund said works, or should the Subdivider wish to proceed ahead of such allocation, the Subdivider agrees to be responsible for providing and up-fronting the costs related to these services. Either alternative for the provision of services ahead of City capital budget allocation outlined above shall be in accordance with the following requirements." That City Council recommend to the Ontario Municipal Board that Draft Plan of Subdivision 30T-95016 (346874 Ontario Ltd.) be modified by adding the following new condition relative to the conveyance of lands below the floodline; 97. To convey to the City of Kitchener Block 60, at no cost and free of encumbrance, concurrently with any registration of the subdivision plan. That Kitchener City Council support an extension to the deadline for fulfilling the conditions of approval for Zone Change Application 95/32/S/ZJ (William Mansell) to July 31, 1997. That Planning and Development Staff Report PD 97/39 (1997 Grants / Funding received by the Department of Planning and Development) be received for information. That City Council release Part of Block 25, being the area encompassing the three lot additions created by Consent Applications B-22-24/97 (shown as Parts 1, 2 and 3 on the attached plan), from Condition 72 of the City's Residential Subdivision Agreement with Vace Investments Inc., registered as Instrument Number 1102309. COUNCIL MINUTES APRIL 28, 1997 - ~03- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 7. a) That John Gazzola, Interim CAO, in consultation with senior staff, create an inter- departmental working group to create Terms of Reference for Team Kitchener, which are to be brought to City Council on or before May 5, 1997. b) That Council authorize the Mayor to recommend to City Council the appointment of at least 5 community leaders to comprise Team Kitchener from those candidates suggested by Council and staff. And further, that the mandate for Team Kitchener will begin on May 5, 1997 with a final report to be tabled with Council in the first week of June. That the Kitchener Planning Committee endorse the proposed Conceptual Lighting Design in principle as presented by the Downtown Lighting Study Consultants for portions of the seven identified, typical areas or streetscapes in the Downtown and links to the abutting neighbourhoods. (Dealt with under delegations and Carried) COMMUNITY SERVICES COMMITTEE - That a fence not be installed around the perimeter of the skatepark, to be constructed at the Kitchener Memorial Auditorium Complex, as part of the initial design, and further, That should it be determined, through ongoing operational concerns, a fence is warranted, one be installed after the first season of operation, with $5,000.00 to be set aside for this purpose, and further, That no direct supervision be provided by the City and no admission fee be charged, and further, That staff investigate the financial interest and member involvement of a service club(s) in the ongoing operation and support of the skatepark, and further, That an Operations Committee be established to oversee and guide the operation of the skatepark, and further, That the Operations Committee report to Council in one year, and further, That signage be installed, clearly defining the rules, regulations and hours of operation of the skatepark, and further, That a decision on the incorporation of a track into the design of the skatepark be deferred. (Dealt with under delegations and carried) That we endorse the implementation plan for the relocation of fire stations as outlined in the 1995 Fire Station Relocation Plan save and except for the staffing implications which the Fire Chief and Deputy Fire Chief are requested to report on to the Committee. (As Amended) That the City of Kitchener finance the construction of an ambulance station in conjunction with the fire station and community centre to be constructed at Queen's Boulevard and Elmridge Drive, and further, That prior to the construction of the ambulance station, it be made clear to the Ministry of Health, the City of Waterloo and the Regional Municipality of Waterloo, that the City of Kitchener is proceeding with the construction and expect to be duly compensated, and further, That the City of Kitchener finance the construction of the ambulance station in such a way that the costs are clearly identifiable. (Dealt with under delegations and carried, as amended) COMMUNITY SERVICES COMMITTEE - (CONT'D) APRIL 28, 1997 COUNCIL MINUTES - ~04- CITY OF KITCI:IENER COUNCIL MINUTES APRIL ~8, 1997 - 204- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL That the Fire Department be given pre-budget approval to tender for and order a pumper in 1997 for delivery in 1998. That, subject to obtaining all the necessary provincial approvals, the Mayor and Clerk be authorized to sign an agreement to purchase St. Peter's Lutheran Cemetery, Weber Street East, Kitchener, with such agreement being substantially similar to the draft agreement dated April 2, 1997, considered by the Community Services Committee on April 21, 1997, and satisfactory to the City Solicitor, and further, That the City Solicitor be directed to prepare a by-law, pursuant to the Cemeteries Act, R.S.O. 1990, Chapter C.4, to authorize this purchase. That no action be taken on the request of Sonali Thakkar for a grant to assist with her costs in attending the Forum for Young Canadians. That staff determine the impact of accommodating Recycle Cycles in the Ontario/Duke Street parking garage, and further, That staff review other City owned and non-City owned facilities available where Recycle Cycles could possibly be accommodated, and further, That staff report to the Community Services Committee on May 5, 1997, in this regard. That we accept, with thanks, from the Sergeant's Mess, Scots Fusiliers of Canada, the donation of a grandfather clock, to be placed in the City Hall Rotunda on the outer wall, facing the Revenue cashiers/elevator lobby. FINANCE AND ADMINISTRATION COMMITTEE - That no action be taken in regard to a February 6, 1997 claim submitted by Mr. Tim Pigeau relative to repair cost in the amount of $128.23 incurred as a result of his vehicle striking a pothole. That effective May 1, 1997, for a 5 year term, LTD recipients with a minimum of 10 years service with the City of Kitchener be provided with Extended Health Care and Dental Coverage benefits until they reach the age of 65 and at no cost to the recipient; and further, That the costs and general experience of this voluntary coverage provided by the City be reviewed in 5 years before consideration is given to renewing the terms of this benefit coverage. That a Community Assistance Loan Fund be established to provide interim financing to Community organizations for the purpose of donating equipment and facilities to the City of Kitchener; and further, That the funding for this initiative be provided from the following: General Capital Contingency Gasworks Surplus Fund Future Capital Forecasts ($100,000 per annum for 3 years) $ 90,000 200,000 300,000 Current Projects in Progress 590,000 410,000 Special Fund Balance $1,000,000 And further, that Mr. J. Gazzola, Interim Chief Administrator, be authorized to establish a Staff Team to develop criteria for the loan program and bring forward a recommendation to a future meeting of the Finance and Administration Committee for its consideration and approval. APRIL 28, 1997 COUNCIL MINUTES - 205- CITY OF KITCI:IENER COUNCIL MINUTES APRIL 28, 1997 - 205- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That the preferred methods of extending Eastforest Trail and the Detweiler Greenway, from Bankside Drive to Highland Road in the Highland West Community, as presented to the Public Works and Transportation Committee on April 21, 1997, be adopted, and further, That the Schedule 'B' Class Environmental Study report for this project be filed with the City Clerk for the mandatory 30 day public viewing period. 2. That the following be adopted as the City of Kitchener Traffic Calming Policy, namely: That traffic calming be endorsed as an effective way of reducing traffic impacts on residential neighbourhoods in the City of Kitchener, based on the following criteria: 1) That traffic calming be considered principally on local residential streets or minor collector roadways where the results of a comprehensive traffic study demonstrates all of the following traffic conditions: (a) where an unreasonable portion of the daily traffic on the street is through traffic, through traffic being defined as traffic that is not community/neighbourhood based and is purely driving through the area (me. short cutting); (b) where speed studies reveal an 85th percentile of 10 to 15 km/hr over the posted speed limit (the 85th percentile is the speed at or below which 85% of the vehicles are moving); (c) where the motor vehicle collision history demonstrates a driver behaviour problem; and, (d) where there is a real problem and not a perceived problem supported by the comprehensive traffic study. 2) That a request supported by a petition from the residents of the street be received and that a public meeting be held with all affected property owners to obtain support of the proposed measures. 3) That, to the extent possible, the physical implementation of permanent traffic calming measures be undertaken in conjunction with road reconstruction and maintenance programs. 4) "Temporary Traffic Calming Measures" would be installed on streets that meet the policy criteria where reconstruction is scheduled in the City's Capital Budget Program. Based on the results of a Traffic Impact Study to determine their effectiveness, the portable measures could be reinstalled annually until the reconstruction is scheduled. 5) "Experimental/Trial Traffic Calming Measures" could be installed on streets that meet the policy criteria for a maximum period of one (1) year to determine their effectiveness and acceptance by the residents/community. The results of a Traffic Impact Study would demonstrate the effectiveness and establish whether permanent measures are warranted. 6) That, as a matter of policy, the integrity of annual funding for reconstruction and maintenance of surface facilities be maintained and supplementary funding be provided to meet all incremental costs of implementing temporary/portable traffic calming measures with permanent installations being supported as a local neighbourhood improvement and paid for by the residents if no reconstruction has been planned. And further, that traffic calming WILL NOT be considered: COUNCIL MINUTES APRIL 28, 1997 - 906- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) (Cont'd) (a) on streets that are designed or intended to carry through traffic; ie. arterial roads, collectors and connectors; (b) on Transit routes; · Traffic calming measures by their design are intended to slow traffic which would impact transit schedules and the ability to maintain headways. (c) on Emergency Service routes. · Traffic calming measures: will detrimentally affect life saving emergency response times; can jeopardize the safety of personnel riding on fire apparatus; can jeopardize the safety of patients and cause trauma for those being transported by ambulance. (As Amended) That the parking meters on the east side of College Street, between Ahrens Street and Weber Street West, be removed and replaced with a two (2) hour on-street parking limit, and further, That the Uniform Traffic By-law be amended accordingly, That the parking meters on the west side of David Street, between Joseph Street and Courtland Avenue, be extended from a two (2) hour maximum time limit to a three (3) hour maximum time limit, and further, That the Uniform Traffic By-law be amended accordingly. That City Council waive the consultant selection process and award the 1997 Duke and Ontario Garage Structural Repair Program to Morrison Hershfield Ltd. That the contract for Street Lighting Cleaning and Group Relamping, in Area 5 of the City, be awarded to the Iow bidder Langley Utilities Limited of Bowmanville. COUNCIL MINUTES APRIL 28, 1997 - 207 - 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. Banner Request It was resolved: "That in conjunction with KALEIDOSCOPE: KITCHENER FESTIVAL OF THE ARTS which takes place in Downtown Kitchener on Friday, July 25th and Saturday, July 26th, 1997, we grant permission for the initial erection of a banner on King Street at Rockway Gardens from Monday, July 7th to Sunday, July 13th, 1997 with the banner to be relocated to the King Street at Frederick Benton Streets location from Monday, July 14th to Sunday, July 27th, 1997 inclusive. Further, that arrangements be made with the City's Contractor for erection of the banner with the costs to be charged against the appropriate account." 2. Licenses It was resolved: "That Ms. Diane Phady be granted a Massagist licence for the year 1997, and further That Ms. Brandi Tobin be granted a Massagist licence for the year 1997, and further That Ms. Amy Agius be granted a Massagist licence for the year 1997. and further; That Ms. Lee Ann Wagner be granted a Massagist licence for the year 1997." -and- "That Hope Lutheran Church, 30 Shaftsbury Drive, Kitchener, be granted permission to operate a refreshment stand, at Stanley Park Mall, 1005 Ottawa Street North, Kitchener, on May 24, 1997, in conjunction with a car wash, provided that the necessary Licence and Health and Fire approvals are obtained." -and- "That the City of Kitchener refund a portion of the licence fee for Lottery Licence #M364915 in the amount of $408.00 to B'nai B'rith Youth Organization, Toronto Office, 4588 Bathurst Street, 2nd Floor, North York, Ontario M2R lW6, since 17 boxes of Break- Open Tickets were returned to the manufacturer." 3. Encroachment Aqreements It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner(s) of Lot 10, Plan 1423, known as 19 Cayley Court, to legalize an existing retaining wall as it encroaches eighteen (18) inches, more or less onto Rockway Golf Course." -and- COUNCIL MINUTES APRIL 28, 1997 - 208- CITY OF KITCI:IENER COUNCIL MINUTES APRIL 28, 1997 - 208- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES APRIL 28, 1997 - 208 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 3. Encroachment Aqreements (Cont'd) "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner(s) of Lot 3, Plan 790, known as 966 Union Street, to legalize an existing retaining wall as it encroaches eight (8) feet, more or less, onto the Union Street road allowance." 4. Declaration of Surplus City Land - STANLEY PARK WARD Concurrent with consideration of clause 2 of the report of the Planning and Economic Development Committee, the Committee was in receipt of a recommendation dealing with surplus City lands in respect to Subdivision 30T-96007. As a result of the Council action this date to defer and refer consideration of clause 2 to May 5, the staff recommendation with respect to surplus land was also deferred and referred to the May 5 Planning and Economic Development Committee for consideration and if approved be recommended for ratification at the special Council meeting to be held May 5 immediately following the regular Planning and Economic Development Committee meeting. 5. Consent to Transfer and Lease - BRIDGEPORT NORTH WARD It was resolved: "That the City consent to a transfer from Margaret Anne Brenna to 1210966 Ontario Inc. and a lease from 1210966 Ontario Inc. to Ready Rivet & Fastener Limited for the property described as Part 4 on Reference Plan 58R-4551 and municipally known as 170 Hollinger Crescent, Kitchener." 6. Uncollectible Receivables On motion by Councillor J. Ziegler, it was agreed to defer consideration of the list of uncollectible receivables as contained in the April 8, 1997 memorandum from Ms. R. Upfold and refer the matter to the May 5 special Council meeting with direction that it be considered in-camera. Councillor Ziegler indicated that he wished to address issues relating to current procedure and future collection procedures. Mr. J. Gazzola commented that the list of uncollectible receivables represented a housekeeping function and he made it clear that attempts continue to collect these debts following the write-off. 7. Tenders The tenders were dealt with under Delegations. 8. Offer to Purchase Site - SOUTH WARD It was resolved: COUNCIL MINUTES APRIL 28, 1997 - ~09- CITY OF KITCI:IENER COUNCIL MINUTES APRIL ~8, 1997 - 209- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL "That the City accept, and the Mayor and Clerk execute, an Offer to Purchase submitted by Lydia Fitzgerald with respect to Site 130C in Phase 1 of the Huron Business Park for a total purchase price of $33,740 based on .446 acres at $75,000 per acre and 0.058 unusable acres at $5,000 per acre; and further, That the Mayor and Clerk are hereby authorized to execute any other necessary documentation required by the City Solicitor." COUNCIL MINUTES APRIL 28, 1997 - 209 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 9. City of Kitchener Mission Statement A copy of the City's Mission Statement was attached to the agenda for Council ratification. At the request of Councillor B. Vrbanovic, it was agreed to change the wording with respect to Goals 2 & 3 in accordance with the change outlined in correspondence from Councillor T. Galloway to Mr. J. Gazzola. It was resolved: "That the City of Kitchener Mission Statement, as revised this date, be endorsed." 10. Encroachment Aqreement- Slices Restaurant It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner of Slices Restaurant to permit the use of 11.7 feet, more or less, of sidewalk directly in front of Slices Restaurant, located at 300 King Street West, for the operation of a sidewalk patio for the 1997 season." 11. Applications for Cancellation, Refund, Reduction or Levy of Taxes It was resolved: "That the applications attached hereto and forming part of these minutes relative to cancellation, reduction, refund or levy of taxes be disposed of as recommended therein." Prior to consideration, Councillor J. Ziegler disclosed a conflict of interest and abstained from all discussion and voting with respect to item 24 (Application 1306) and item 73 (Application 1358) as his brother and mother respectively, were the subject applicants. 12. Appointment to Board of Directors of the Federation of Canadian Municipalities Councillor C. Weylie requested the permission and endorsement of City Council to support her as a nominee to the Board of Directors of the Federation of Canadian Municipalities. On motion by Councillor K. Redman - APRIL 28, 1997 COUNCIL MINUTES -~10- CITY OF KITCHENER COUNCIL MINUTES APRIL ~8, 1997 CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL It was resolved: "That Council endorses the appointment of Councillor C. Weylie to the Board of Directors of the Federation of Canadian Municipalities.