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HomeMy WebLinkAboutCouncil Minutes - 1997-05-12COUNCIL\1997-05-12 MAY 12, 1997 COUNCIL MINUTES CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Mayor R. Christy and Councillor T. Galloway. The meeting began with the singing of "O Canada" by the Concordia Club Children's Choir under the direction of Ms. Annemarie Kruger. Councillor C. Weylie thanked the Choir and their leader for their rendition of the National Anthem. Councillor J. Ziegler advised that Mayor R. Christy was absent from the meeting to attend the Montreal conference on globalized economies involving the Asia/Pacific Region. On motion by Councillor C. Weylie, the minutes of the regular meeting held April 28, 1997, and special meetings held April 25, 28 and May 5, 1997, as mailed to the members, were accepted. COMMUNICATIONS - N I L Mr. Dave Lamka, A to Z Signs Limited, appeared as a delegation and circulated a letter dated May 12, 1997. His letter requests Council members look into the draft proposal regarding portable signs contained in the Urban Design Guidelines staff report. He expressed concern that the changes to the Sign By-law would destroy the portable sign industry and hurt business. In closing, he noted that he would appear at a future meeting of the Planning and Economic Development Committee when this matter is scheduled for consideration. Councillor J. Ziegler acknowledged that Council and staff were in receipt of his other letter dated May 8, 1997 respecting this matter. Councillor J. Ziegler, Acting Mayor, and Mr. R. Wyatt presented a Certificate of Appreciation to Doris Madeiros of Wal-Mart Canada Inc. for the Company's generous donation of $1,000 towards upgrading of Wilson Arena. Councillor J. Ziegler, Acting Mayor, and Mr. T. Clancy presented Certificates of Recognition to Val Cole and George Michaels, who was unable to attend, of CHYM FM Radio and to Chris Michaud of the K-W Record for their partnership with the City in support of the "Water Smart Program". Ms Denise Keelan, Pool Supervisor at Breithaupt Centre made several remarks in respect to the Water Smart Award. Mr. T. Clancy thanked both sponsors for working with the City which brought about winning of this award for the second year in a row. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation to answer any questions regarding the tenders listed on the Committee of the Whole agenda this date. Moved by Councillor John Smola Seconded by Councillor Jake Smola "That tender T97-46, System Contract for the Supply and Delivery of Stationery, be awarded to Davenport Office Inc., o/a Basics Office Products, Kitchener at their tendered price of $50,029.02, plus G.S.T. and P.S.T." -and- "That Expression of Interest E97-41, Consultant Services - Victoria Storm Sewer Outlets, be awarded to Proctor and Redfern Limited, Kitchener, at an upset fee of $127,775., plus G.S.T." -and- "That Expression of Interest E97-59, Consultant Services - Development and Implementation of a Pavement Management System and a Sidewalk Management System, be awarded to ITX Stanley Ltd., Cambridge, at an upset fee of $178,725., plus G.S.T." Carried. Messrs. Ed Edwards and Bill Boettger appeared as a delegation on behalf of the Heritage Lawnbowling Club. Mr. Edwards advised that the club will operate from May 24 to October 5, 1997. Mr. Boettger pointed out that an opening club event would take place on May 24 at 2 p.m. and that an Open House would be held May 26-30 from I to 3 p.m. and 7 to 9 p.m. and extended an invitation to the public to MAY 12, 1997 COUNCIL MINUTES - 255- CITY OF KITCHENER attend. He advised that the official opening ceremony for the new club would be held on Sunday, June 29 at 1 p.m. and also that the club would be assisting in the Canadian Blind Lawnbowling Championships being held August 25-29. Mr. Boettger also indicated that the club had agreed to make a $20,000 contribution towards the development of a second lawnbowling green at the club and at this time presented a cheque for $20,000 to Councillor J. Ziegler who accepted on behalf of the City and expressed its appreciation. Mr. Boettger commented that Rockway Lawnbowling Club had operated from 1938 through 1996 and that on January 1, 1997 Heritage Greens had been incorporated to replace the club formerly located at Rockway Golf Club. Councillor Jake Smola requested the delegation to elaborate on the financial contribution and the club's partnership with the City. Mr. Edwards advised that the $20,000 was raised from the generosity of 30+ members from their own pocket and noted that future financial contributions would come from the club's Operating Budget and fundraising activities. In this regard, he indicated that the club would be paying $5,000 to the City annually commencing in November, 1998 for a ten year period. Ms. Sandy Reddy, Rosie's Fries, appeared as a delegation in support of clause 7 of the Finance and Administration Committee report of this date. Moved by Councillor M. Yantzi Seconded by Councillor C. Weylie "That clause 7 of the Finance and Administration Committee report of this date be adopted." Carried. Mr. Jim Facey attended the meeting on behalf of the Optimist Club of Twin Cities - Waterloo Region to present a cheque in the amount of $25,000 to the City which was accepted by Acting Mayor J. Ziegler. He advised that the monies represent a donation from the Club toward the new skatepark to be constructed at the Auditorium Complex. Councillor B. Vrbanovic thanked the club for their donation in support of this community facility. Mr. Robert Braun appeared as a delegation in regards to the body rub parlour recommendations listed in the Finance and Administration Committee report. He advised that he supports the draft by-law as referred to in clause 3 of the report. He noted that it was important to the revitalization of the downtown that this type of business operation be restricted and compared the establishment of body rub parlours to problems that were once experienced when arcades and strip clubs were established. In response to Councillor M. Yantzi, Mr. Braun advised that most business operators in the downtown are of the view that it is wise to restrict body rub parlours. Ms. Margaret Deptulski, owner of the body rub parlour known as Cleopatra's Massage Parlour, appeared as a delegation in regard to clause 6 of the Finance and Administration Committee report. She commented on the business operations and stated that the staff were not topless which is permissible in the City of London and appealed to be allowed to continue with their business operations. Ms. Alisha Blackmore, who is employed by Cleopatra's, also appeared as a delegation in regard to clause 6. She stated that what the staff do was not illegal, that they enjoy their line of work and that this employment allows her to support her family. Ms. Terry Beardsall, who is employed by Cleopatra's, also appeared as a delegation regarding clause 6 and confirmed that Cleopatra's was a full massage parlour that did not offer sexual services. Ms. Nina Troezka, owner of Victoria's massage parlour, appeared as a delegation in regard to clause 6 of the report. She commented that the City has a valid concern over the large number of massage parlours that have developed and agreed with the recommendation that steps be taken to reduce the number of operators from 5 to 2. However, she expressed concern with the lottery method to accomplish the reduction to 2 operators and requested that the two operators be chosen based on past experiences. She commented that she has been running a professional operation for two years in Kitchener and that full records of clients were kept. In addition, she stated that she was willing to compete for one of the two remaining licensed operators in 1998, but asked that strict criteria be developed regarding the operators. In response to Councillor M. Yantzi, Ms. Troezka confirmed that she disagreed with the lottery approach to licence issuance and indicated that she was willing to enter into discussions on how to establish selection criteria for the award of the 1998 licences. Councillor G. Lorentz suggested Ms. Troezka set out some of her ideas on the selection process in MAY 12, 1997 COUNCIL MINUTES - 256- CITY OF KITCHENER writing and provide it to staff for its consideration as part of any further report to the Committee. Ms. Shawna Carroll, who is employed at Victoria's, appeared as a delegation in regards to clause 6 of the report and made comments regarding her employment and also noted that in her opinion the lottery approach was not fair. Ms. Janine Thibeau, who is employed by Victoria's, appeared as a delegation in regards to clause 6 of the report and also expressed concern with the lottery approach and made comments regarding the reasons that she chose to work at Victoria's. Ms. Carol Kraft appeared as a delegation and advised that she was a reflexologist and was representing the interests of that group in respect to clause 3 of the Finance and Administration Committee report. She requested that Council delay decision on a separate by-law and licence for this category. She commented that the by-law was vague and requested that this part of the by-law be separated from the entire body rub issue. Mr. J. Shivas confirmed that it was the City's intent to separate out such operations and have a separate by-law to deal with reflexologists. He had no objection to the deferral request and supported dealing with all issues at one time as a package. In response to Councillor K. Redman, Ms. C. Kraft advised that she required approximately two months to undertake discussions with her group and provide a response. Mr. J. Shivas indicated that he would like to move more quickly on this issue than the two months referred to. Councillor M. Yantzi questioned if the approach to the entire body rub issue was widening the scope over that which exists now to take in other groups who are not presently licensed. Mr. J. Shivas advised that it was not the City's intent to expand the group covered by the existing by-law. Councillor Yantzi commented that Council has not established if it wants to licence reflexologists and Councillor J. Ziegler requested that a meeting involving Licensing and Legal staff be held prior to the Finance and Administration Committee meeting dealing with the matter and he pointed out that splitting the by-law would benefit reflexologists. Ms. Nancy Brawley and Mr. Dave Mota appeared as a delegation on behalf of the Kitchener Downtown Business Association in regard to the body rub massage parlour matter. Ms. Brawley indicated that the KDBA would prefer that they were no parlours in the City but does agree with the recommendation to allow two, subject to strict Iocational criteria being applied to the location of each. It was requested that the KDBA be included in any discussion of criteria relating to body rub parlours and their location. Mr. Sam Mawani appeared as a delegation in regard to clause 6 of the report to convey his views regarding the recommendation to limit the number and locations of body rub parlours. He disagreed with the approach to reduce the number and maintained that the existing establishments should be permitted to operate provided they met a certain standard of operation and if they did not, then they should be shut down. In response to Councillor B. Vrbanovic he expressed disagreement with the philosophical approach taken by Council on this issue. Some further comments were made before the recommendations in the Finance and Administration Committee report were moved. Moved by Councillor M. Yantzi Seconded by Councillor C. Weylie "That clauses 3, 4, 5 & 6 of the Finance and Administration Committee report of this date be adopted." On motion by Councillor B. Vrbanovic, seconded by Councillor C. Weylie, it was agreed to defer and refer clause 3 of the Finance and Administration Committee report to the June 10, 1997 Finance and Administration Committee meeting for further consideration. Clauses 4 & 5 of the Finance and Administration Committee report were put to a vote and Carried. Clause 6 of the report of the Finance and Administration Committee was then considered. Councillor M. Wagner expressed concern that it was not clear that the body rub parlour licences to be awarded to two operators was limited to consideration of existing five operators now licensed by the City. On motion by Councillor M. Wagner, seconded by Councillor G. Lorentz, it was agreed to amend the first paragraph of clause 6 of the report by adding the following additional wording at the end of the recommendation to read as follows: "initially from the present five (5) operators licensed by the City." COUNCIL MINUTES MAY IQ, 1997 - ~57- CITY OF KITCHENER The second paragraph of clause 6 involving a lottery approach to award two body rub parlour licences was then discussed. Councillor Jake Smola requested that anyone with a suggestion as to a fair way of awarding the two licences forward their thoughts to the Legal Department. Councillor M. Yantzi requested that the process include provision for community-wide input. On motion by Councillor M. Wagner, seconded by Councillor B. Vrbanovic, it was agreed to amend the second paragraph of clause 6 by deleting reference to a lottery approach to licence issuance and substituting in its place the following wording "detailed selection criteria by which the operators eligible for body rub parlour licences in 1998 could be chosen and any or all five (5) existing operators be invited to provide input or consultation in regard to establishment of such criteria, along with input from the community, businesses and Waterloo Regional Police. Clause 6, as amended, was then considered. Councillor K. Redman requested that the question of costs for required inspections be a consideration in the licensing fee structure for body rub parlour licences. Councillor J. Ziegler, Acting Mayor, stated that he was opposed to the motion as amended and explained that he supported everything except reducing the number of operators from 5 to 2. He commented that it was not an illegal activity and reductions could be achieved by attrition if the existing number of operators were capped. Also, he noted that all existing licenses expire at the end of 1997 and it was his view they should be permitted to re-apply for a licence provided they meet all required criteria, including location. Clause 6, as amended, of the Finance and Administration Committee report was then put to a vote and Carried. Councillor J. Ziegler requested to be recorded as being opposed to clause 6. 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 advised that Ms. V. Gibaut had circulated a report dated revised May 12, 1997 respecting an Offer to Purchase from lan Cook Construction Limited, for certain lands in Lancaster Corporate Centre. In response to a question, Ms. Gibaut advised that the subject lands have not been re- surveyed but when that was complete, the total purchase price would then be known. On motion by Councillor C. Weylie, seconded by Councillor M. Yantzi, it was agreed to revise the report to add a clause dealing with the Offer to Purchase from lan Cook Construction Limited. Voted on Clause by Clause. Clause 4 - Carried. Balance of Report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor John Smola "That the report of the Community Services Committee of this date be adopted." Councillor G. Lorentz pointed out that clause 2 implements a No Smoking Policy at the Auditorium Complex effective August 15, 1997 but that a pass system would be made available to users to smoke outside the facility during events. Councillor John Smola commented that the Kitchener Rangers organization strongly supported this initiative. Councillor M. Wagner pointed out that the exemption referred to in clause 2 for Oktoberfest and other festivals would only continue to the year 2000. Councillor Jake Smola referred to clause 1 of the report dealing with a Regional Emergency Services Training Centre and spoke in its favour on the basis that co-ordinated emergency response services would achieve cost-savings to taxpayers. Councillor G. Lorentz commented on what he understood to be the position of the City of Cambridge on this issue and it was agreed that the Fire Chief compose the contents of a letter for signature by Mayor R. Christy to Cambridge Mayor Brewer to fully clarify the issues respecting clause 1 and in particular outlined the benefit of reduced costs for an enhanced facility. Councillor B. Vrbanovic offered comments regarding emergency service tiered response and the dispatch MAY 12, 1997 COUNCIL MINUTES - 258- CITY OF KITCHENER function. The report was then put to a vote and Carried. Moved by Councillor M. Yantzi Seconded by Councillor C. Weylie "That the report of the Finance and Administration Committee of this date be adopted." Councillor G. Lorentz referred to clause 10 of the report dealing with a Dress Code and suggested the City should develop a policy that would allow for uniform employees to acquire clothing that was more casual in nature. Mr. J. Gazzola advised that it was an area staff could address when purchase of new uniforms was being made. A motion by Councillor G. Lorentz was accepted as a friendly amendment to clause 10 that would request staff investigate acquisition of clothing that is more casual in nature for uniform staff when purchasing replacement uniforms. Councillor Jake Smola questioned how dress down days are being addressed and Mr. J. Gazzola advised that staff were considering the issue and will propose some ideas and report back to Committee. Councillor M. Wagner requested that clarification be made to members of staff between casual dress and dress down days. Mr. J. Gazzola advised that he would be sending a message to staff to clarify expectations with respect to casual attire as compared to special dress down days. A friendly amendment proposed by Councillor John Smola in respect to clauses 1 & 2 was agreed to that would designate the funding in each matter as coming out of the year end Capital Surplus. Councillor M. Wagner raised the matter of the cost of a referendum referred to in clause 14 and Mr. R.W. Pritchard advised that basically the only additional cost with respect to a referendum if held during a regular municipal election would be in regard to advertising. Councillor Jake Smola referred to clause 12 of the report dealing with Code of Conduct and noted that in the minutes of the Finance and Administration Committee it had been suggested the matter would be dealt with at the Committee's May 26 meeting. The report was then put to a vote. Clause 1,2 & 10 - Carried, As Amended. Clause 3 - Dealt with under Delegations and action deferred and referred to the June 10, 1997 Finance and Administration Committee meeting for further consideration. Clauses 4, 5 & 7 - Dealt with under Delegations and Carried. Clause 6 - Dealt with under Delegations and Carried, As Amended. Balance of Report - Carried. Councillor M. Wagner was opposed to clause 10 of the report. Moved by Councillor M. Wagner Seconded by Councillor B. Vrbanovic "That the report of Heritage Kitchener (Local Architectural Conservation Advisory Committee) be adopted." Councillor M. Wagner advised that in reference to clause 2 of the report, it was his intention to bring the issue of reinstituting the Urban Design Awards to a future meeting of the Planning and Economic Development Committee for its consideration. The report was then put to a vote and Carried. Councillor G. Lorentz referred to the matter of collection of yard waste and advised that he would like to MAY 12, 1997 COUNCIL MINUTES - 259- CITY OF KITCHENER give direction to staff to contact the City of Waterloo for information and develop a model yard waste program similar to Waterloo's. Moved by Councillor G. Lorentz Seconded by Councillor M. Yantzi "That the Commissioner of Public Works be directed to investigate policies and procedures utilized by the City of Waterloo with respect to collection of yard waste and prepare a report in that regard for consideration by the Public Works and Transportation Committee." Carried. Councillor G. Lorentz raised the matter of the Federal financing of infrastructure projects that has been announced and commented that it was imperative the municipality quickly formulate what projects might qualify under the program and develop a priority listing. Mr. J. Gazzola advised that he has asked all departments to consider expenditures that might qualify under the program following which Management Committee would review and prioritize them. However, he advised that the Province has not yet acted with respect to its role in this matter, but has informed staff they would provide allocation information and required criteria within several days which staff could then bring to the May 26 Finance and Administration Committee meeting. He did note that projects under the Program must be complete by the Spring of 1998. Councillor M. Wagner again mentioned what he stated at the Committee meeting and that was that Council not fixate only on road work and requested other Capital needs be fully considered. Councillor G. Lorentz advised that the annual Forest Heights Fireworks display would be held Monday, May 19 and extended a public invitation to the community to attend. He noted that all proceeds from the event would be applied to the cost of the fireworks with any surplus funds being directed to the new Forest Heights Community Centre. Councillor M. Wagner expressed appreciation to Rogers Cablesystem for broadcasting the meeting this date but mentioned once again that through some failure of communications, notice of the broadcast had not been included in the Records T.V. Listing. Councillor John Smola referred to a letter dated May 1, 1997 from the Bridgeport United Church addressed to Mr. T. McCabe and a response by Mr. McCabe dated May 8, 1997 to Members of Council in regards to Council granting a minor variance request to the sign by-law. Moved by Councillor John Smola Seconded by Councillor G. Lorentz "That Council grant a minor variance to its Sign By-law to permit, on an annual basis, a 30-day portable sign commencing the first Sunday of June for a church fair and secondly, a 30-day portable sign commencing the last week of August for Vacation Bible School for Bridgeport United Church, 40 Bridge Street West, Kitchener; subject to the obtaining of the necessary sign permit in accordance with the setback and other regulations governing portable signs." Carried. Members of Council were advised that the annual Bus Rodeo would be held on May 25 at 2:30 p.m. and that the winner of the event would proceed to the Canadian Competition to be held in Ottawa. The Council was also advised that a Truck Rodeo competition was held the week-end of May 10 and that 26 staff from Public Works, Parks & Recreation and the Gas Utility had competed in this special event. Councillor J. Ziegler referred to a request he had made in regards to selecting a date to hold a special Council meeting to deal with redevelopment potential for the Market Square and it would appear that Tuesday, May 20 was the preferred date. Moved by Councillor M. Wagner Seconded by Councillor C. Weylie "That a special Council meeting be held on Tuesday, May 20, 1997 commencing at 4 p.m. for the purpose of hearing a presentation respecting redevelopment potential for Market Square and MAY IQ, 1997 COUNCIL MINUTES - ~60- CITY OF KITCHENER authorize the holding of an in-camera meeting immediately following the special Council meeting to consider a matter subject to solicitor-client privilege and a personal/employee negotiation matter." Carried. Councillor John Smola referred to a memorandum received from the President of the Ontario Public Service Employees Union expressing concerns regarding the quality of reassessment to take place Province-wide and the costs in that regard. He questioned if Management Committee has looked into the matter and if they were going to report to Council in this regard. Mr. John Gazzola advised that Mr. O. den Ouden has been working on a Committee on behalf of A.M.O. in this regard for several months and that he would provide an update on this subject at a future Finance and Administration Committee meeting. Councillor John Smola pointed out that many questions have been raised particularly relating to the fact that assessors were receiving only one day of training and he suggested Council may wish to write a letter to the Premier of Ontario and the Minister of Municipal Affairs expressing its concerns. Council agreed to refer this entire issue to Mr. J. Gazzola for review and development of a recommendation. At the request of Mr. R.W. Pritchard, City Clerk, Council consented to the addition of a by-law to the agenda for three readings this date that addresses the Zone Change Application at 21 Ahrens Street West as approved under clause 1 of the Planning and Economic Development Committee report of this date. Moved by Councillor John Smola Seconded by Councillor M. Yantzi "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Avila Investments Ltd. - Courtland Avenue East - No.97/08/C/CL (b) Being a by-law to provide for the widening of part of Heiman Street as a public highway in the City of Kitchener (c) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the Appointments of Staff (d) Being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs (e) To confirm all actions and proceedings of the Council (f) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - R. and C. Lowe - Ahrens Street West - No.961461AIJW 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 Councillor J. Ziegler, Acting Mayor, appointed Councillor C. Weylie as Chair. On motion, the Council rose from the Committee of the Whole and Councillor J. Ziegler, Acting Mayor, occupied the Chair. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes MAY IQ, 1997 COUNCIL MINUTES - ~61- CITY OF KITCHENER are hereby adopted and confirmed." Moved by Councillor John Smola Seconded by Councillor M. Yantzi "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) (e) Carried. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Avila Investments Ltd. - Courtland Avenue East - No.97/08/C/CL (By-law No. 97-78) Being a by-law to provide for the widening of part of Heiman Street as a public highway in the City of Kitchener (By-law No. 97-79) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the Appointments of Staff (By-law No. 97-80) Being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs (By-law No. 97-81) To confirm all actions and proceedings of the Council (By-law No. 97-82) (f) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - R. and C. Lowe - Ahrens Street West - No.961461AIJW (By-law No. 97-83) 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 Zone Change Application ZC 96/461A/JW (R. & C. Lowe) rezoning 21 Ahrens Street West from R-5 (Residential Five Zone) with special use provision 127U to R-5 (Residential Five Zone) with special use provision 127U, special regulation 266R and temporary use provision 4T, be approved in the form shown in the attached "Proposed By-law", dated March 27, 1997, subject to the following conditions being satisfied prior to any readings of the by-law by Council: 1) That the owner enter into an agreement with the City of Kitchener under Section 207.2 of the Municipal Act in respect of the proposed garden suite, which shall generally provide for the following: · the naming of the occupant(s) of the garden suite; · the installation, servicing, maintenance and insurance of the garden suite; · the removal or conversion of the garden suite after the 10 year period unless the term is extended under the provisions of the Planning Act; · the removal of the garden suite if the owners named in the Agreement no longer reside on the property; · locating the garden suite in accordance with the regulations of the zoning by-law, as reflected in the plan to be attached to the agreement. 2) The Owner acknowledges that Condition 1 is required to be satisfied no later than 7 months from the day of Council having approved by resolution Zone Change Application 96/46/A/JW. In the event this requirement is not fulfilled within the 7 month period, Council shall consider rescinding its Zone Change approval. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. That Zone Change Application ZC 97/8/C/CL (City of Kitchener) proposing to add special use provision 241U to the Existing Use Zone (E-l), on Part Block H, R.P. 1221, be approved in the form shown in the "Proposed By-law" attached, dated April 22, 1997, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. That the Department of Planning and Development be directed to undertake a review of those lands in the Central Frederick Secondary Plan bounded by Frederick, Lancaster and Bingeman Streets with the objective of supporting the Iow rise residential nature of the surrounding neighbourhood. That the City accepts, and the Mayor and Clerk be authorized to execute, an Offer to Purchase from lan Cook Construction Limited with respect to lands composed of not less than .67 acres and not greater than .83 acres, composed of Parts 2, 18 and 19, Plan 58R-7231 save and except Parts 1,2 and 3, Plan 58R-9592 and part of Parts 3, 20 and 21, Plan 58R-7231. COMMUNITY SERVICES COMMITTEE - That we approve the request of the Fire Chief to discuss details of location, construction, funding and management of the Emergency Services Training Facility with the Regional Municipality of Waterloo, and further, That approval be granted to advance the concept of a regional project steering committee, and further, That the report of J. Hancock dated April 14, 1997, titled "Regional Emergency Services Training Facility" be circulated to the area municipalities, the Waterloo Regional Police Service, the Regional Ambulance Services and the Regional Municipality of Waterloo for information and comment. COMMUNITY SERVICES COMMITTEE - (CONT'D) That we take no action relative to exercising an option to apply for a stadium license to serve alcohol in the tiered seating area of the Kitchener Memorial Auditorium Complex during Ontario Hockey League games, and further, MAY 12, 1997 COUNCIL MINUTES - 263- CITY OF KITCHENER COUNCIL MINUTES MAY 12, 1997 - 263- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That staff be directed to implement a "no smoking policy" that would create a smoke free environment at the Kitchener Memorial Auditorium Complex by August 15, 1997, and further, That Oktoberfest or similar community festivals be exempt from the facility's smoke free policy, but still continue to be governed by municipal and regional by-laws. That we support the request by the Kitchener Rangers Hockey Club to develop a concept and proposal for a building addition to the Kitchener Memorial Auditorium Complex, and further, That the proposed concept be developed based on it serving to house a new dressing room, new office space and other meeting and training facilities for the Kitchener Rangers Hockey Club, as deemed necessary, and further, That the concept and a full report be presented to Community Services Committee prior to final approval. That we approve the request of the Kitchener Downtown Business Association for a grant, in the amount of $5,000.00, to assist with the 1997 Countdown to Canada Day Celebration; with the money to be paid from the Downtown Development Fund. FINANCE AND ADMINISTRATION COMMITTEE - That funding be provided out of the Year End Capital Surplus to construct a 1.8 meter wide, curb- faced concrete sidewalk on the north side of Bridgeport Road, from Lancaster Street to Lang Crescent, including curb cuts and sidewalk through the island at the Conestoga Expressway, at a cost of $30,000.00. (As Amended) That $30,000 out of the Year End Capital Surplus be allocated for the City share of a new storm drain system to be constructed on the south side of Bridgeport Road. (As Amended) That the draft by-law appended to the report of J. Shivas dated April 14, 1997 governing non- erotic/non-sexual body-rub parlours, defined as massage establishments, be approved. (Dealt with under Delgations and action deferred and referred to the June 10, 1997 Finance and Administration Committee meeting for further consideration) That no action be taken on the application of Mr. Paul Hoffman, Siesta Massage Studio, for a body-rub parlour licence. (Dealt with under Delegations and Carried) That no action be taken on the request of Mr. Randy Zivkovic, Anabella Massage Studio, for permission to relocate the Studio from 91 Queen Street South to the proposed location at 127 Weber Street West or to any other location in the City. (Dealt with under Delegations and Carried) FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 6. That only the currently licensed erotic/sexual body rub parlours located at 10 Duke Street East, MAY IQ, 1997 COUNCIL MINUTES - ~64 - CITY OF KITCHENER COUNCIL MINUTES MAY IQ, 1997 - 264- CITY OF KITCHENER 10. 11. REPORTS ADOPTED BY COUNCIL 1127 King Street East, 6 Moyer Place, 280 Victoria Street North, and 91 Queen Street South, be permitted to operate until December 31, 1997, being the date on which the current licence expires, and that no 1998 body rub parlour licences be issued pending further direction from Council as it is Council's intention to reduce the number of locations and body rub parlour licences to two (2) in number initially from the present five (5) operators licensed by the City; and further, That staff prepare a report for consideration at the June 10, 1997 Finance and Administration Committee meeting recommending how detailed selection criteria by which the operators eligible for body rub parlour licences in 1998 could be chosen and any or all five (5) existing operators be invited to provide input or consultation in regard to establishment of such criteria, along with input from the community, businesses and Waterloo Regional Police. (Dealt with under Delegations and Carried, As Amended) That subject to payment of the 1997 licence fee and obtaining the necessary Health and Fire approvals, Mr. Sandy Reddy be granted a temporary, one year licence to operate a chip wagon on the vacant property at the corner of Hayward Avenue and Courtland Avenue, and in this regard enforcement of the Zoning By-law be waived for the period of the licence; and further, That the applicant be advised that should he receive permission to continue to operate at the above location beyond the one year term referred to above, the owner of the subject lands will be required to submit an application to have said lands appropriately zoned. (Dealt with under Delegations and Carried) That Council take no action on an informal offer to purchase a four foot wide strip of City-owned land adjacent to 48 King Street West, and hereby direct staff to enter into discussions with Tom Kefalas, Joy Kefalas, and Jim Tsiloyannis to allow the use of a portion of the City-owned land adjacent to 48 King Street West as a patio for the Mr. Sub Restaurant; and further, That a detailed proposal in this regard be brought back to the Finance and Administration Committee for consideration. That a licence be granted to the Forest Heights Community Association, 429 Westheights Drive, Kitchener, to operate a Midway on May 19, 1997 at Westheights Park, 429 Westheights Drive, Kitchener, conditional upon obtaining the necessary licence as well as Police, Health, Public Works and Planning approvals, and that a nominal fee of $1.00 be applicable. That we approve the proposed Council Policy Resolution dated April 29, 1997 respecting employee "Dress Code", subject to deletion of reference to Standing Committees from the Policy statement; and further, That we investigate acquisition of clothing that is more casual in nature for uniform staff when purchasing replacement uniforms. (As Amended) That the recommendations with respect to the Program Budgeting Proposal presented to the Finance and Administration Committee be approved as follows: 1) That Ernst & Young be retained as consultants to lead the implementation of Activity Based Costing (ABC) for the City of Kitchener, at a cost not to exceed $35,000.00. 2) That a contract employee be hired in the Finance Department for a term of six months to complete the ABC model calculations for the pilot project. FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) MAY 12, 1997 COUNCIL MINUTES - 265- CITY OF KITCHENER COUNCIL MINUTES MAY 12, 1997 - 265- CITY OF KITCHENER 11. (Cont'd) 12. 13. 14. REPORTS ADOPTED BY COUNCIL 3) That funding, to a maximum of $65,000.00, be provided for software required for the implementation of the ABC project. Further that, all of the above costs be funded from the provision for Continuous Improvement Projects. That the proposed Council Policy Resolution dated April 29, 1997 on the subject of "Code of Conduct" be referred back to Mr. D. Paterson with direction to revise the policy to reflect concerns expressed by the Finance and Administration Committee prior to further consideration by the Committee at a future meeting. That Sections 530.2.3 and 530.5.13(b)(iii) of Chapter 530 (Dogs) of the Municipal Code be amended to extend the licence renewal and Canine Good Citizen testing deadline date for restricted dogs from 15 February to 10 April in each year, and further, That Section 530.5.13(k) of Chapter 530 (Dogs) requiring the owner of a restricted dog to purchase and display a warning sign not be amended. That subject to inclusion of reference to the Province assuming the cost of a referendum, we endorse the content of a letter to the Honourable Michael D. Harris, Premier of Ontario from the Mayors of the Cities of Kitchener, Waterloo, Cambridge, Guelph and Brantford dealing with overwhelming opposition to "Charitable Gaming Clubs". HERITAGE KITCHENER (LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE) That Ms. Evelyn Lord be appointed a member of Heritage Kitchener (L.A.C.A.C.) for a period to expiry November 30, 1997. That Heritage Kitchener urges City Council to consider reinstituting the Urban Design Awards and consider allocating the necessary funds in the City's budget; and further That a Heritage category be added to the Urban Design Awards. That, pursuant to Section 33 of the Ontario Heritaqe Act, we approve the request of the owner to alter the designated property municipally known as 163 Joseph Street, by enclosing the open deck over the front porch facing Joseph Street with a turret, substantially as shown in the plans considered by Heritage Kitchener on May 2, 1997; Save and Accept that six windows be installed rather than three windows and that horizontal pine boards be used, under the windows, rather than vertical pine boards; and further That the owner be permitted to repair and reshingle the lower porch roof and replace soffits and eaves with original material. MAY 12, 1997 COUNCIL MINUTES - 266 - CITY OF KITCHENER COMMITTEE OF THE WHOLE BY-LAWS AS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - 1. Oktoberfest Trade Dollars It was resolved: "That Kitchener-Waterloo Oktoberfest Inc. be authorized to circulate the first of a series of $2.00 gold coloured coins featuring "Founding Fathers of Waterloo County" within Kitchener from July 1, 1997 to October 31, 1997. The series will begin with John Metz Schneider, the founder of J.M. Schneider Inc." 2. Encroachment Aqreements It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owners of Block C and D, Plan 1423, known as 236 Carwood Avenue, to legalize an existing shed as it encroaches 8', more or less, onto Rockway Golf Course and to permit the continued use of golf course land for garden purposes." -and- "That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner of Big City Donut to permit the use of six (6) feet, more or less, of sidewalk directly in front of Big City Donut located at 24 Gaukel Street, for the operation of a sidewalk patio for the 1997 season." 3. Licenses It was resolved: "i) That Ms. Monika Hnatkova be granted a Massagist licence for the year 1997. ii) That Ms. Cathy Ther be granted a Massagist licence for the year 1997. iii) That Ms. Sandra Petrovich be granted a Massagist licence for the year 1997." -and- "That the City of Kitchener refund the licence fee in the amount of $90.00 for Raffle Lottery Licence #M429135 to the Kitchener Sports Association, c/o 22 Darlington Place, Kitchener, Ontario, N2A 3M4, because the draw did not take place on April 22, 1997." -and- "That the Kitchener-Waterloo Community Spirit Lions Club, 202 Pinedale Drive, Kitchener, Ontario, N2E 1K3 be granted permission to operate a refreshment stand at Business Depot, 150 Gateway Park, Kitchener on May 24, 1997, provided that the necessary Licence and Health and Fire approvals are obtained and further, that the nominal fee of $1.00 be applicable." MAY IQ, 1997 COUNCIL MINUTES - ~67- CITY OF KITCHENER COUNCIL MINUTES MAY 1~, 1997 - ~67- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES MAY 12,1997 -267- CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 4. Noise By-law Exemption It was resolved: "That the Ministry of Transportation for the Province of Ontario and its Contractor(s) be exempt from the provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6 Construction Work during the construction of median barriers on the Kitchener- Waterloo Expressway from Courtland Avenue to Frederick Street and resurfacing from Homer Watson Boulevard to Frederick Street plus other related activities beginning in June of 1997 and continuing until June of 1998." In reference to recent controversy at the Provincial level with regard to the future reconstruction of the interchange for the Conestoga Parkway at Highway #8, Councillor B. Vrbanovic commented that he was still skeptical that the project was a No.1 priority for the Province. He suggested that a letter should be sent to the Minister of Transportation expressing Council's concern that the project timing be clarified and proceed as quickly as possible. On motion by Councillor B. Vrbanovic - It was resolved: "That Notice of Motion be waived in respect to consideration of a resolution to be sent to the Minister of Transportation with regard to the interchange reconstruction project for the Conestoga Parkway at Highway #8." Carried with the required two-thirds majority vote of all members present. On motion by Councillor B. Vrbanovic- It was resolved: "That Mayor Richard D. Christy, on behalf of Kitchener City Council, urge the Honourable Al Palladini, Minister of Transportation, to confirm reconstruction of the Highway #8/Conestoga Parkway Interchange as a high priority in the Province's Capital Budget and advise of estimated project start/completion dates." 5. Uncollectible Receivables It was resolved: "That the list of Uncollectible Receivables including interest amounting to $47,011, which was previously circulated to Members of Council as part of the April 28th Committee of the Whole Agenda, be written off against the Allowance for Doubtful Sundry Receivables and the Allowance for Doubtful Utility Receivables." 6. Tenders The tenders were dealt with under Delegations. 7. Performers Aqreement - Kitchener Sprinq Festival of the Arts COUNCIL MINUTES MAY IQ, 1997 - Q68- CITY OF KITCHENER COUNCIL MINUTES MAY lQ, 1997 - Q68- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL It was resolved: "That the Mayor and Clerk be authorized to execute agreements engaging performers for the "Adventure of the Senses" to take place on May 30 and 31, 1997 at City Hall and Market Square." COUNCIL MINUTES MAY 12, 1997 - 268 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 8. Charitable Gaminq Casinos It was noted in the agenda that City Council at its meeting held April 14, 1997 agreed that no action would be taken that date relative to consideration of an Interim Control By-law that would place a one year freeze upon the establishment of permanent charitable gaming casinos 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. Councillor J. Ziegler suggested that no further action should be taken at this time in view of the letter sent to the Premier of Ontario by the Mayors of Kitchener, Waterloo, Cambridge, Guelph and Brantford. The letter dealt with the results of a public forum held in Kitchener on April 29 and conveyed a message of overwhelming opposition to charitable gaming clubs. Accordingly, he asked that no further action be taken until a response was forthcoming from the Premier's office. A brief discussion took place with comments from T. McCabe, Councillors K. Redman and G. Lorentz with regard to a zoning freeze and impact in that regard. On motion by Councillor K. Redman - It was resolved: "That no action be taken on an Interim Control By-law that would place a freeze upon the establishment of permanent charitable gaming casinos in the City of Kitchener until provincial direction has been clarified with respect to this matter." 9. Refreshment Stand and Hawkers & Pedlar Licences The Committee was in receipt of a memorandum dated May 8, 1997 from the Manager of Licensing. It was resolved: "That the Westheights Community Church (Brethren In Christ), 82 Westheights Drive, Kitchener, N2N 2A8, be granted permission to hold a Yard Sale and operate a Refreshment Stand on Saturday, June 28, 1997, provided that the necessary Licence and Health and Fire approvals are obtained." 10. Consent of Waiver of Notice and Application for First Reqistration in Land Titles - Old Chicopee Estates Limited (formerly Bost Holdinqs Inc.) The Committee was in receipt of a memorandum dated May 12, 1997 from Ms. L. MacDonald, MAY IQ, 1997 COUNCIL MINUTES - Q69- CITY OF KITCHENER COUNCIL MINUTES MAY lQ, 1997 - Q69- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Assistant City Solicitor, with respect to the above referenced matter. It was resolved: "That the Mayor and Clerk be authorized to execute a Consent and Waiver of Notice and draft reference plan to expedite an Application for First Registration in Land Titles by Old Chicopee Estates Limited respecting lands described as Parts 1, 2, 3, 4, 5 and 6 on the draft reference plan." 11. Midway Licence - Kitchener Pioneer Lions Club The Committee was in receipt of a memorandum dated May 9, 1997 from the Manager of Licensing. COUNCIL MINUTES MAY 12,1997 -269- CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 11. Midway Licence - Kitchener Pioneer Lions Club (Cont'd) It was resolved: "That a licence be granted to the Kitchener Pioneer Lions Club to operate a midway on May 22-25, 1997, inclusive, at 245 Strasburg Road, conditional upon obtaining the necessary Licence and Police, Health, Public Works and Planning approvals."