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HomeMy WebLinkAboutCouncil Minutes - 1997-06-16COUNCIL\1997-06-16 JUNE 16, 1997 COUNCIL MINUTES CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillor C. Weylie who was absent on municipal business. The meeting began with the singing of "O Canada" by the Kitchener First Ward of the Church of Jesus Christ of Latter Day Saints under the direction of Mr. Ed Fisher. Councillor Jake Smola thanked the Choir and their leader for their rendition of the National Anthem. On motion by Councillor J. Ziegler, the minutes of the regular meeting held June 3, 1997, and special meetings held June 3 and 10, 1997, as mailed to the members, were accepted. COMMUNICATIONS - N I L Mr. L. Gordon, Manager of Purchasing, appeared as a delegation to answer any questions regarding the tenders listed on the Committee of the Whole agenda this date. Councillor J. Ziegler referred to the tenders for reconstruction of Chapel and Krug Streets and questioned what the length of the work was in order to determine an average cost for reconstruction of a residential street. Mr. Gordon advised that he would circulate a response in this regard to members of Council. Councillor M. Wagner requested an explanation of the arithmetic errors that were dealt with in the Chapel Street tender. Mr. Gordon explained these extension/addition errors and noted that the total amount of the errors related only to $3,000 on a million dollar contract. Councillor T. Galloway referred to Tender T 97-54 for readymix concrete and questioned to what extent the Boehmers tender was incomplete. Mr. Gordon advised that three different items were to be included in the tender and Boehmers had not included one of the items. Councillor Jake Smola questioned if there were stipulations on distance as a factor in the readymix concrete tender and Mr. L. Gordon advised that staff asked for details on the issue of distance and commented that including distance as a criteria was a good suggestion for future consideration. Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic "That tender T97-33, Chapel Street Reconstruction (Lancaster Street to East Avenue), be awarded to Cecil Shaver Ltd., Brantford, Ontario at their adjusted tender amount of $850,220.55, plus G.S.T." -and- "That tender T97-49 - Krug Street Reconstruction (Lydia Street to 75 Meters East of East Avenue), be awarded to E.&E. Seegmiller Limited, Kitchener at their tendered price of $670,514.39 (including G.S.T.) -and- "That tender T97-54, Ready Mix Concrete, be awarded to Cross Country Concrete Ont. Ltd., Heidelberg, Ontario at their tendered price of $106,220., plus G.S.T. and P.S.T." -and- "That tender T97-61, Turf Tractors, be awarded as follows: Item (1) - One (1) 37.3 kw (50.7 hp) Diesel, All Wheel Drive, Turf Tractor with Quick Detachable Front End Loader, complete to specification CKF-212, to DeBoer's Farm Equipment Ltd., Elora at their tendered price of $35,815., plus G.S.T. and P.S.T. Item (2) - One (1) 14.9 kw (20 hp) Diesel, Two Wheel Drive, Turf Tractor with Mid Mount Mower Attachment, complete to specification CKF-206, to Ayr Tractor Ltd., Ayr, Ontario, at their tendered price of $14,249., plus G.S.T., P.S.T. and Optional utility cart at $260." Carried. JUNE 16, 1997 COUNCIL MINUTES - 311- CITY OF KITCHENER Mr. Pete Mcllwraith and Mr. John Askin, President of the K-W Civitans, appeared as a delegation along with Mr. Brian Page and Ms. Jaye Kuntz, President of Kitchener Minor Girls Softball Association to make a joint contribution in the amount of $24,000 for purposes of upgrades to the Joe Thompson Sportsfield for the years 1996 and 1997. It was noted that the organizations have undertaken to upgrade the fields to a standard that would attract international type events. On behalf of City Council, Mayor R. Christy accepted their cheque and thanked the organizations. Councillor T. Galloway introduced Ms. Isabel Smith, President of the Country Hills Neighbourhood Association, and commented that certain design features were incorporated into the new Country Hills Community Centre to accommodate the Association which has been extremely successful. Ms. Smith presented a cheque in the amount of $40,000 to the City as a contribution toward the construction of the new Country Hills Community Centre. On behalf of City Council, Mayor R. Christy thanked Ms. Smith and the Association for their contribution. Ms. Fran Rider appeared as a delegation on behalf of the Ontario Women's Hockey Association to provide a wrap-up report on the 1997 Women's World Hockey Championships held at the Kitchener Memorial Auditorium Complex. Ms. Rider distributed a report to City Council dated June 16, 1997 which noted that the Championship was an overwhelming success that exceeded the most optimistic expectations. Within the document presented were facts and figures relating to: Event Ownership, Participants, Media, Volunteers, Finances, Economic Impact, General Facts and Figures, Esso Schools Program and a Summary of the Reasons for Success. Ms. Rider commented that the City of Kitchener received excellent publicity as a result of this hosting of the championship. She noted that the success was a consequence of support from City Council and certain key City staff members, as well as other various City staff that provided leadership roles. Ms. Rider then presented the Mayor and Councillors with a certificate commemorating the event and Mayor R. Christy on behalf of City Council thanked her for her report and remarks this date. Following her appearance Ms. Rider submitted a revised page 3 to her report identifying the members of a core group of the key management committee of individuals who worked on the undertaking. Mr. Rob McCuaig, Chair, Southwest Games Organizing Committee, appeared as a delegation to present a report on the Southwestern Regional Athletics & Boccia Meet and Corporate Sponsor Recognition. Mr. McCuaig identified members of the support committee responsible for the Games that attracted some 140 athletes. He listed the major sponsors and thanked all volunteers for their contribution. Mr. McCuaig then called on representatives of the four main sponsors of the Games being: Royal Trust, Sports for the Disabled in Ontario, Knights of Columbus and the Kitchener Sports Association to receive certificates that were presented by Mayor R. Christy. Mayor R. Christy thanked Mr. McCuaig for his leadership in this matter and also thanked all those involved for their commitment. Messrs. Paul Grespan and Paul Quigley, appeared as a delegation on behalf of the Rotary Club of Kitchener-Conestoga to provide an information update on the Rotary Community Resource Village. Mr. Grespan advised that approximately 20 Rotarians were in attendance with regard to the presentation this date dealing with the project which is situate at 151 Frederick Street, Kitchener. Mr. Grespan stated that their vision was to provide a permanent sustainable Iow cost work space for charities of all sizes through this project. An overhead presentation was provided during Mr. Grespan's remarks relative to the Resource Village which represented a $1.5 million investment for local charities. He noted that the property would be debt-free and once established, will not require additional community funds and was intended to benefit all charities in the Region of Waterloo. Mr. Grespan requested Council support for, and recognition of this innovative project. In response to Councillor G. Lorentz, Mr. Grespan advised that a number of enquiries have been received in regards to the property but are presently in a state of confidential negotiation. Mr. Grespan indicated that the Resource Village was expected to open in October, 1997. Councillor M. Wagner questioned what City Council could do in support of the undertaking and Mr. Grespan requested that members of Council verbally support the project community-wide. Ms. Sharon Tranter appeared as a delegation to provide a presentation to City Council on the Windhoek, Namibia partnership achievements and to comment briefly on the new partnership with the City of Cebu in the Philippines. Ms. Tranter advised that she had been asked to evaluate the results of Kitchener's partnership with Namibia. In this regard, she indicated that a document entitled "Africa 2000 Kitchener Windhoek Exchange - The Municipal Response" had been circulated to Members of Council and at this time, provided an overhead presentation along with her comments that listed the outstanding achievements of the Exchange. Accomplishments that she referred to were the English Language Program, Affirmative Action, Staff Motivation and Communication, Council Perspective, Community JUNE 16, 1997 COUNCIL MINUTES -312- CITY OF KITCHENER Participation, Business Development, Various Departmental Achievements, Gammams Laboratory and Town Planning and Building Inspectorate. A summary comment on the value of the partnership was included in the document. Finally, she noted that due to the City's success with its Windhoek Exchange, Kitchener was invited by the Federation of Canadian Municipalities to partner with another City and in this regard, three City representatives are currently in the City of Cebu in the Philippines. She noted that their role was to develop a protocol and that all expenses were being covered by the Canadian International Development Agency. Ms. Tranter indicated that currently plans are that Kitchener host a delegation from Cebu in the fall of 1997. Councillor T. Galloway commented that when the first approach was made regarding the Cebu undertaking, the information provided to City Council was that the partnership would be economic in nature. However, he stated that there now seems to be a focus that is moving away from economic matters only and into the area of civic matters. He commented that the video which was shown to Council several months ago, illustrated the City of Cebu as being well positioned for a two-way economic relationship. Ms. Tranter noted that prior to Mayor R. Christy going on the Team Canada Asian trip, Council had approved in principle to partner with another City. Mr. J. Gazzola stated that the FCM twinning project was totally sponsored by the Federal Government and that the main emphasis is on strengthening governance and there some 25 such efforts going on in Asia. Mayor R. Christy commented that the fields of knowledge and services were big commodities in Asia and that it is hoped to sell some of our expertise in these fields. Councillor T. Galloway maintained the resolution originally approved by Council had only an economic development focus and it was his opinion that the current undertaking does not appear to be the kind of initiative the City had been hoping for. Mayor R. Christy responded that it is the practice of Asian countries to welcome representatives of both business and government as part of their economic dealings with foreign countries. Ms. Dianna Flannery, Flannery & Flannery, appeared as a delegation to request that City Council pass a resolution supporting the re-instatement of the early morning commuter train service between Kitchener and Toronto. The delegation advised that she was in attendance along with members of the Transportation 2000 group and itemized their objectives. She noted that documentation had been distributed in the agenda that provides comparison between the cost of operating a car or utilizing the train between Kitchener and Toronto. Ms. Flannery advised that they were seeking support and endorsement of their position and requested a letter in this regard be sent to the Minister of Transportation and the President of VIA Rail. Councillor M. Wagner commented that the timing of scheduled service to Toronto was inappropriate for commuters and that the service being provided was one of a self defeating cycle of no passengers/no service. Councillor Wagner questioned what else the City could do and Ms. Flannery suggested that meetings, phone calls, letter writing and general public awareness would assist in re-instatement of service. The delegation advised that support was being solicited from local M.P's. Moved by Councillor M. Wagner Seconded by Councillor T. Galloway "That the Council of the Corporation of the City of Kitchener supports the re-instatement of an early morning commuter train service from Kitchener to Toronto and further, That this resolution be sent to the Minister of Transportation, the President of VIA Rail and Transportation 2000." Carried. Mr. Norman Falk appeared as a delegation representing residents on the north side of Bridgeport Road to express concerns respecting the Bridgeport Road Reconstruction. In this regard, a letter dated June 7, 1997 from the residents was enclosed with the agenda expressing their concerns and requesting these issues be addressed before construction of the road improvements. He noted that their biggest concern was a sidewalk to be situated on the north side, which the residents maintained they will be unable to clear of snow when the City ploughs road snow accumulation onto the sidewalk, which is immediately adjacent to the road, rather than separated by boulevard. Accordingly, in their submission, the residents request exemption from the snow removal by-law and that the City undertake to clear this section of sidewalk. Also in regard to the project, Mr. Falk advised that residents had received a letter advising that water would be shut off on June 12 in connection with the project and providing instructions with regard to the shutoff. He noted that nothing happened on June 12, but that the shutoff did take place without notice the following day causing problems for the residents. JUNE 16, 1997 COUNCIL MINUTES -313- CITY OF KITCHENER Mr. Steve Gyorffy advised that Bridgeport Road was being constructed by the Region of Waterloo but that the City was sharing in the cost of storm sewers and sidewalks plus new watermains. In regard to snow removal, he noted that as part of City procedure, if the City ploughs its snow onto a sidewalk, the City would remove it, but that otherwise all residents were expected to clear their walks. As an example, he pointed out that Lancaster Street had sections similar to the Bridgeport Road section. Mayor R. Christy requested that dates be checked in regards to the comments of the delegation with regard to the watermain flushing issue and problems arising therefrom. Mr. Lou Arcari, a resident of the north side of Bridgeport Road, advised that he owns a property with 325 feet fronting this four-lane roadway and that no one approached him regarding his opinion with respect to the current project and sidewalk installation. In response to Councillor T. Galloway, Mr. S. Gyorffy advised that an open house was advertised and held with regard to this Regional Road Project and Sidewalk Installation. Councillor John Smola advised that he had attended the open house. Councillor J. Ziegler commented that many streets in his ward were scheduled for widening and noted that if the City dumps snow on sidewalks the owners should call Public Works to request removal. Councillor John Smola suggested that the installation should be considered under the Local Improvement Act and asked that Council reconsider the comments and suggestions made this date and request that the Public Works & Transportation Committee discuss the matter in more depth. Councillor J. Ziegler stated that he did not support reconsideration of the project unless the City was prepared to takeover responsibility for all snow removal. Councillor John Smola noted that the City was forcing this installation on the residents, whereas under the Local Improvement Act, the residents would have the right to determine what they want on their street and in this instance the residents were 100% opposed to the project. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That no action be taken on the request of Mr. Norman Falk on behalf of residents of the north side of Bridgeport Road for exemption from the by-law requiring sidewalk snow clearing." Carried. Councillor John Smola requested to be recorded as being opposed to the resolution. Mr. Carl Nelson, Municipal Affairs Chair, Waterloo Regional Labour Council, appeared as a delegation to request that Council pass a resolution urging the Province to hold public hearings regarding Bill 99 (Workers' Compensation Legislation). A letter dated June 10 commenting on this issue was attached to the agenda along with a suggested resolution and other documentation. Mr. Nelson spoke on the intent of the Act and the potential for loss of benefits gained over the years. He referred to aspects of the Bill that are detrimental to workers and suggested that the government should concentrate on providing a safe work environment. Further, he commented that no studies have been done of the impact that the legislation would have on local organizations that were likely to experience increased costs as a result. Finally, he asked that Hearings be held to ensure that all interested parties have an opportunity to provide input and be heard on this matter. Councillor J. Ziegler commented that he did not disagree with efforts to improve the Workmen's Compensation Legislation, but that he would like to have more information about the downloading cost risks at the local level. Moved by Councillor John Smola Seconded by Councillor G. Lorentz "BE IT RESOLVED that before any changes to the Workers' Compensation Legislation are enacted, the Provincial government will commission a comprehensive study to examine the impact on municipal expenditures and guarantee to provide local government with the necessary funding to cover all expenses which may be downloaded to the municipality; and FURTHER BE IT RESOLVED that public hearings on Bill 99 be held in the City of Kitchener in 16, 1997 COUNCIL MINUTES -314- CITY OF KITCHENER order that all of our citizens and organizations who have an interest in these important changes have an opportunity to be heard; AND BE IT FURTHER RESOLVED that a copy of this motion be sent to the Honourable Michael Harris, Premier of Ontario, the Honourable Elizabeth Witmer, Minister of Labour, Mr. G. Leadston, M.P.P., Mr. W. Wettlaufer, M.P.P., Mr. G. Martiniuk, M.P.P., and Mr. K. Seiling, Chair of the Region of Waterloo." Carried. Ms. Nina Troezka appeared as a delegation in regard to clause #4 of the Finance and Administration Committee report dealing with a staff recommendation with regard to selection criteria and selection process for sexual/erotic body rub parlours. She advised that at the Finance and Administration Committee meeting she had received a copy of the staff report just minutes before the meeting and did not have an opportunity to analyze the report and make a presentation that date. She provided her comments with respect to detailed selection criteria and advised that she was willing to put together a detailed report of criteria that would put all applicants on an equal footing. Accordingly, she asked that the Committee recommendation be deferred to the August 11, 1997 meeting of the Finance and Administration Committee. Councillor M. Wagner stated that he was prepared to move a deferral of clause #4 to the appropriate time. He referred to the May 12 Council minutes wherein Council provided direction to staff on this matter and noted that a lottery system was never debated. Moved by Councillor M. Wagner Seconded by Councillor J. Ziegler "That clause #4 of the Finance and Administration Committee report of this date be deferred and referred to the August 11, 1997 Finance and Administration Committee meeting for further consideration." Councillor J. Ziegler concurred with the motion and requested that in addition all body rub parlour applicants be invited to provide submissions on the entire matter of selection criteria and process and that staff be directed to also provide members of Council with a copy of each submission. Councillor Jake Smola suggested that a lottery system was the only fair way to reduce five operators down to two and commented that the direction to staff was to come up with a fair process and that the report after the May 12 Council meeting suggests a lottery system. Councillor M. Wagner noted that at the May 12 Council meeting reference to a lottery was deleted and it appears that staff overlooked this direction. Councillor M. Wagner requested that staff be directed to prepare criteria by which two licensees can be chosen; however, he commented if the process is too difficult, Council may consider a lottery approach. Accordingly, he suggested that staff should first establish criteria and request all operators to prepare submissions with respect to criteria. His main emphasis was that the process be fair. Mayor R. Christy commented that if two or more operators meet the criteria, then the understanding was that a lottery may be necessary. Councillor Jake Smola stated that he was opposed to a deferral on the basis that staff received operators' submissions and compiled a report regarding the matter and that all five current operators were considered equal as there were no legal infractions against any of them. Councillor G. Lorentz stated that he supported the deferral and that staff undertake to itemize selection criteria. Councillor T. Galloway stated that he opposed deferral and was concerned about qualitative judgements of these current businesses. Councillor M. Yantzi was in support of deferral on the basis that Council must do everything to ensure that future licensees had a sound operation. Councillor B. Vrbanovic questioned if there was any other lottery scenario that Council has utilized in regard to licence issuance. Mr. J. Shivas advised that a lottery approach was utilized to licence hot dog vendors, but suggested such process would mean a long deferral and complicate year end timing with regard to this matter. In response to Councillor Vrbanovic, Mr. Shivas advised that the selection criteria and selection process could be adopted by resolution rather than by-law. He noted that deferral would not necessarily stop the process of implementing the by-law. Councillor B. Vrbanovic questioned if Councillor Wagner was willing to accept a lottery among equals and Councillor Wagner replied that the first issue was fairness, the second issue was criteria and the third issue was that a lottery to make a decision must be the last resort. Councillor Vrbanovic stated that he was in support of deferral in order that all issues receive appropriate consideration. JUNE 16, 1997 COUNCIL MINUTES -315- CITY OF KITCHENER The motion of Councillor M. Wagner to defer clause #4 of the report was then put to a vote and Carried. The direction to staff proposed earlier by Councillor M. Wagner was accepted with regard to preparation of a staff report for consideration at the August 11 Finance and Administration Committee meeting as well as direction to provide members of Council with a copy of each body rub parlour's submission. Moved by Councillor M. Yantzi Seconded by Councillor J. Ziegler "That the report of the Planning and Economic Development Committee of Council of this date be adopted." On motion by Councillor M. Yantzi, seconded by Councillor J. Ziegler, it was agreed to add two additional clauses to be numbered clause #5 and #6 to the report dealing respectively with portable signs for the Family Fair and Expo, 75 Ardelt Avenue, and options with respect to amendments to the Sign By-law. The report was then put to a vote and Carried. Moved by Councillor J. Ziegler Seconded by Councillor Jake Smola "That the report of the Finance and Administration Committee of this date be adopted." Councillor T. Galloway referred to clause #1 of the report dealing with nominations to the Grand River Hospital Board of Trustees and confirmed that the Nominating Committee was going to meet after the report was received and then nominations would come back to City Council. Accordingly, Council acknowledged an appointment at this time was premature as reflected in the wording of clause #1. The report was then put to a vote. Voted on clause by clause. Clause #4 - Dealt with under delegations and action deferred and referred to the August 11, 1997 Finance and Administration Committee meeting. Balance of Report - Carried. 3. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee of this date be adopted." Clause #1 was considered and voted on in two parts. The first part was carried and the second part was also carried with Councillor J. Ziegler requesting to be recorded as being opposed to funding coming from the Operating Budget in 1998 as he was in favour of funding being provided from outside sponsors. The report was then put to a vote. Voted on clause by clause. Clause #1 - Carried. Balance of Report - Carried. Councillor J. Ziegler requested his opposition to the second part of clause #1 be noted. 4. Moved by Councillor M. Wagner Seconded by Councillor T. Galloway "That the report of Heritage Kitchener (Local Architectural Conservation Advisory Committee) be adopted." The report was then put to a vote and Carried. 5. Moved by Councillor John Smola JUNE 16, 1997 COUNCIL MINUTES -316- CITY OF KITCHENER Seconded by Councillor M. Wagner "That the report of the Public Works & Transportation Committee of this date be adopted." In regard to clause #1, Councillor G. Lorentz requested that staff consider the possibility of the City selling kraft paper yard waste bags in bundles from City facilities. It was also suggested that staff notify the public to make it clear that plastic bags for leaf collection are no longer acceptable. At the request of Councillor G. Lorentz, a friendly amendment was accepted so that the original Committee recommendation would become clause #1(a) and an additional recommendation would become clause #1(b) requesting preparation of a report on the feasibility of selling kraft paper yard waste bags. Councillor M. Wagner referred to clause #2 of the report dealing with the Canada/Ontario Infrastructure Works Program and requested assurance that the Cameron Street Reconstruction and a Bridge Underpass Project would be a No.1 priority. Mr. J. Gazzola advised that Council had already passed a resolution at a previous meeting covering this matter under general spending. Councillor B. Vrbanovic referred to clause #3 of the report also dealing with the Canada/Ontario Infrastructure Works Program and expressed concern that projects involving: the Westmount Road/Glasgow Street intersection, King Street East/Fairway Road to River Road widening and Fischer Hallman Road Extension/Westmount Road to Activa Drive were not itemized. He suggested that the Region must be sent a message that the City wishes these projects included. On motion by Councillor B. Vrbanovic, seconded by Councillor T. Galloway, it was agreed to revise the report to add a clause #4 dealing with the three projects mentioned as a first priority in the 1998 Regional Capital Roads Program. The report was then put to a vote. Vote on clause by clause. Clauses #1 and #2 - Carried, as amended. Balance of report- Carried. Recorded conflict of interest and abstention: Clause #4 - Councillor J. Ziegler as he owns property on King Street East. Councillor G. Lorentz advised that he received a letter from Mr. Frank Voisin advising that construction signs erected in regard to improvements taking place on the Voisin Greenway had spelled his name wrong. He also advised that the name of the Mayor and Commissioner of Public Works also appeared on the sign detailing the improvement project and that he thought the City now had a policy not to include these names, but rather a statement to the effect that "this project is paid for by the taxpayers of the City of Kitchener". Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That in future signage erected with regard to construction projects of the City not make reference to the names of the Mayor and relevant department head but rather simply specify that 'the project is paid for by the taxpayers of the City of Kitchener' and indicate where a person would telephone for further information on the undertaking." Carried. Councillor G. Lorentz commented that at a committee meeting he had requested an update on the charity casino matter. Mayor R. Christy advised that he had received a letter from the Premier who advised that he was re-directing the matter to the Honourable David Tsubouchi, Minister of Community and Social Services. He noted that there were two referendums under consideration; the first, being commercial casinos and the second, being casino gaming clubs. It was requested that staff circulate the Premier's letter to members of Council and those Mayors who co-chaired the public forum in Kitchener. Councillor Jake Smola referred to the Team Kitchener initiative and advised that he had circulated a letter dated May 16, 1997 from Mr. Carl Zehr, Chair of the Business & Industry Advisory Committee. Councillor Smola read the letter aloud for purposes of the public record and noted that BIAC believes it should be JUNE 16, 1997 COUNCIL MINUTES - 317- CITY OF KITCHENER part of the process and that a number of the people from the Committee had indicated an interest in participating on Team Kitchener. Council was in receipt of a letter dated June 12 from BIAC recommending a Conestoga College representative be appointed to sit on Team Kitchener. Councillor Jake Smola also raised concern that a representative from Conestoga College had not been included on Team Kitchener and accordingly, the entire field of skills training was not represented. Further, he stated that there was general concern about the lack of representation from within the City of Kitchener on Team Kitchener. Moved by Councillor Jake Smola Seconded by Councillor T. Galloway "That Conestoga College be invited to appoint a representative to sit on Team Kitchener." Mayor R. Christy indicated that he had spoken with a representative of Conestoga College regarding the meeting schedule requirements of Team Kitchener and noted that the College was not sure if they were able to commit a representative. He also indicated that he had spoken with Carl Zehr who suggested discussions continue and the matter be dealt with as part of a press release. Mayor Christy indicated that the issue at the moment is finding the right person in consideration of the timing requirements of Team Kitchener. Following further discussion of the issue of appointments to Team Kitchener, the motion of Councillor Jake Smola regarding the appointment of a Conestoga College representative was voted on and Carried. Councillor J. Ziegler advised that in April, he had introduced a Notice of Motion at Regional Council that would freeze the lump sum accumulated sick leave of Regional employees and that last Wednesday, Regional Council had received a confidential report from Regional staff and passed a motion in that regard. Councillor Ziegler indicated that he wished the City to consider the issue similarly. Accordingly, Councillor J. Ziegler gave Notice of Motion that he would introduce the following motion at the June 23 special Council meeting: "That the Corporation of the City of Kitchener remove the provision for payout of Sick Leave banks upon termination for non-union management/management support staff hired on or after the 1st day of July, 1997 and that the Sick Leave By-law be amended accordingly." Councillor Ziegler suggested that once introduced at the special Council meeting, the issue be referred for discussion in the in-camera meeting to be held on June 23. Councillor B. Vrbanovic advised that he had arranged for distribution of a flyer regarding a news conference to be held on Friday, June 20, 1997 in respect to the Emanual Village Mature Adult Community Retirement Housing Project at 100 Fergus Avenue. Councillor M. Wagner thanked Rogers Cablesystems for their television coverage of Council meetings but again noted that the Council coverage time listed in the television guide was not correct. Councillor Wagner again requested that Rogers Cablesystems ensure the television coverage times provided for publication were accurate. Councillor J. Ziegler indicated that Council previously requested additional information with regard to an Ice Cream Vehicle Driver's Licence Application. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner "That no action be taken on the request of Robert Noseworthy for an Ice Cream Vehicle Driver Licence as per his application dated June 5, 1997." Carried. Councillor Jake Smola questioned what policy the City had regarding residential garage sales expressing concern that there were people holding sales every weekend. Council was advised that some years ago the City used to licence garage sales but this was repealed by Council. Councillor G. Lorentz suggested that Councillor Smola consult with enforcement officials of the Department of Planning & Development. Moved by Councillor John Smola Seconded by Councillor M. Yantzi JUNE 16, 1997 COUNCIL MINUTES -318- CITY OF KITCHENER "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) (b) (c) (d) Being a by-law to authorize the carrying out of the provisions of Chapter 650 of the City of Kitchener Municipal Code with respect to Part of Lots 324 and 325 of Grange's Survey, north of King Street and north of the Canadian National Railway, Registered Plan 376, City of Kitchener with the municipal address of 227 Louisa Street, Kitchener Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code regarding Appointment - Staff Provincial Offences Act Being a by-law to provide for the establishing and laying out of part of Old Chicopee Drive as a public highway in the City of Kitchener (e) 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 J. Ziegler as Chair. On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. (e) To confirm all actions and proceedings of the Council (By-law No. 97-103) Moved by Councillor John Smola Seconded by Councillor M. Yantzi "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to authorize the carrying out of the provisions of Chapter 650 of the City of Kitchener Municipal Code with respect to Part of Lots 324 and 325 of Grange's Survey, north of King Street and north of the Canadian National Railway, Registered Plan 376, City of Kitchener with the municipal address of 227 Louisa Street, Kitchener (By-law No. 97-99) (b) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement (By-law No. 97-100) (c) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code regarding Appointment - Staff Provincial Offences Act (By-law No. 97-101 ) (d) Being a by-law to provide for the establishing and laying out of part of Old Chicopee Drive as a public highway in the City of Kitchener (By-law No. 97-102) JUNE 16, 1997 COUNCIL MINUTES -319- CITY OF KITCHENER be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned. Carried. MAYOR CLERK PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - That Demolition Control Application DC 97/4/K/RM (TDL Group Ltd.) requesting approval for the demolition of a residential structure located at 4406 King Street East legally described as Part of Lot 8, Beasley's Broken Front Concession be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. That City Council advise the Regional Municipality of Waterloo that it does not support any of the three options for commercial policy outlined in Regional Staff Report PC-97-019; and further, That the Region be requested to consider a fourth option which would include the deletion of existing commercial policies in the Regional Plan in recognition that commercial planning should only be viewed as a matter of local interest; and further, That the Region be encouraged to provide a stronger supportive role to give a Regional context to the local area municipalities through the development of planning research services. That Council permit on an annual basis, a 30 day portable sign related to a Vacation Bible School for the New Life Pentecostal Assembly at 570 Stirling Avenue South, subject to the obtaining of the necessary sign permit in accordance with the setback and other regulations governing portable signs. That the Department of Planning and Development be directed to proceed with a comprehensive review of the commercial policies contained in Part 3, Section 4 of the City's Municipal Plan; and further, That in the event changes to the existing commercial policies are proposed, these be prepared in the form of an amendment to the Municipal Plan and tabled at Planning and Economic Development Committee for direction regarding circulation and public review. That Council approve a request from Family Fair and Expo, 75 Ardelt Place, to temporarily locate a portable sign at the corners of Homer Watson Boulevard/Hanson Avenue and Howard Avenue/Courtland Avenue until June 21, 1997, subject to the obtaining of the necessary sign permits in accordance with the setback and other regulations governing portable signs and to the applicant supplying the Department of Planning and Development with letters of approval from the landowners of the two subject locations. That the Department of Planning and Development be requested to prepare a report proposing options with respect to amendments to the Sign By-law and related administrative procedures pertaining to portable signs advertising charitable events in Institutional Zones. FINANCE AND ADMINISTRATION COMMITTEE - That the recommendation of Mr. R. C. Dahmer, Chair, Grand River Hospital Board of Trustees, in his correspondence of May 28, 1997, that Mr. Peter Naus be appointed to replace Claire Forster be referred to the Hospital Board Nominating Committee for consideration, with their subsequent recommendation to be referred to Kitchener City Council. That without prejudice or precedent, a $2,500.00 grant in lieu of development charges be awarded to Mr. Michael Brisson with respect to the property at 11 Braun Street, and that a three month extension be granted in order to arrange payment of the outstanding development charges; and further, FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 2. (Cont'd) That the above grant must be claimed within three months, and is payable only upon receipt, by JUNE 16, 1997 COUNCIL MINUTES - 321- CITY OF KITCHENER COUNCIL MINUTES JUNE16, 1997 - 321- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL the City of the balance of the development charges owing with respect to the subject property. That notwithstanding the provisions of Chapter 586 (Refreshment Vehicles) of the City's Municipal Code, Mr. Patrick Carter, owner/operation of Dickie Dee Ice Cream be permitted to use operators in Kitchener who are not residents of the municipality, but who reside within the Region of Waterloo, with this permission granted on a one year trial basis. That the recommendations contained in the report of J. Koppeser dated June 3, 1997 with respect to selection criteria and a selection process for sexual/erotic body rub parlours and the licencing of non-erotic/non-sexual massage operations be adopted, subject to the following amendments: a) That the separation distance from Churches be 100 meters rather that 50 meters; b) That the requirement that no locks be installed on doors leading to rooms where services are being provided be removed from the "Selection Criteria" section, but be included in the draft by-law; c) That under the "Selection Process" section, Clause B(4), be amended to read "That the first two operators drawn be given 45 days to find a suitable location, and a further 45 days to commence business"; and, that Clause B(5) be amended to read "If one of the first two operators drawn fails to find a suitable location within 45 days or to commence business within a further 45 day period, or a licence expires without renewal or is otherwise surrendered or lawfully revoked, that the third operator drawn be given the opportunity to find a suitable location and commence business, again within the above specified periods of time, and that this substitution process continue for a two (2) year period from the date of the initial draw."; and, That the staff recommendation with respect to non-erotic massage operations be adopted subject to further input from practitioners in this area on or before August 11, 1997; and further, That staff reassess the amount of the proposed licencing fees to ensure that they adequately cover anticipated administration and inspection costs. (Dealt with under delegations and action deferred and referred to the August 11, 1997, Finance and Administration Committee meeting.) That a grant in lieu of development charges totalling $12,441.00 be awarded to Habitat For Humanity in conjunction with their 1997 project at 250 Fairway Road South. That prior to the approval of an application for a midway location, the proposed site and details as well as the dates and hours of operation be brought to the attention of the Ward Councillor and be put on an agenda of the Finance and Administration Committee to allow an opportunity to address the potential concerns of residents; and further, That between the time the application is considered by the Finance and Administration Committee and the date of the next Council, the applicant be required to notify residents within 120 meters of the proposed midway location that it will be operating, the dates and hours of operation and the name of the sponsoring charity, and in this regard the City Clerk's Division will, upon receipt of a midway application, provide the applicant with the necessary mailing labels reflecting the circulation requirement. COMMUNITY SERVICES COMMITTEE - 1. That the City of Kitchener make available a cash payment of $2,500.00 for the Artist in Residence each year; and further JUNE 16, 1997 COUNCIL MINUTES - 322- CITY OF KITCHENER COUNCIL MINUTES JUNE16, 1997 - 322- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That funding for the 1997 payment be made from the Public Art Trust Fund with the amount included in the 1998 operating budget submission, for future payment; and further That staff, in conjunction with the Public Art Committee, continue to look at corporate sponsorships to augment the program to ensure its viability and its ability to continue to attract accomplished artists. That we provide one-time funding of $12,000.00 for the Communities in Bloom program to cover expenses including start up and program costs and to host the Communities in Bloom judges on the day of evaluation, and further, That fifty percent of these funds come from the Parks and Recreation Department budget and fifty percent of the funds come from the Capital Contingency. HERITAGE KITCHENER (LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE) - 1. Being that the property known municipally as 1 King Street West (Walper Hotel) is a property designated under Part IV of the ONTARIO HERITAGE ACT, and Being that the Property has been altered in a manner which, in the opinion of Heritage Kitchener, affects the reasons for designation, by erecting signage on the main floor elevation, without complying with Section 33 of the ONTARIO HERITAGE ACT, BE IT RESOLVED: That the Chair of Heritage Kitchener and the Heritage Planner be directed to request that the owner of the Walper Hotel and the owner of Reggies remove 2 of Reggies blackboard signs, facing King Street and relocate 1 of the Walper Pub's blackboard signs, facing King Street; and further That the owner be required to properly repair any damage to the brickwork and/or mortar, once the signs have been removed, in consultation with the Heritage Planner. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - 1. a) That, commencing in the fall of 1997, only leaves bagged in kraft paper 'yard waste' bags and loose leaves be collected during our scheduled autumn Leaf Collection Program, and further, That, in the fall of 1997, each household receiving City waste collection be supplied with one sample paper bag printed with the promotional material to introduce the Program, and further, That the Purchasing Department call tenders for the supply and distribution of one kraft paper bag to each household receiving City waste collection, and further, That leaves placed in plastic bags not be collected but rather be tagged as a reminder to residents to use kraft bags, and further, That the City's Waste Collection By-law be amended accordingly, and further, That two additional leaf drop-off sites be provided commencing in the fall of 1997 to provide a total of four leaf drop-off locations, and further, PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) 1. a) (Cont'd) JUNE 16, 1997 COUNCIL MINUTES - 323- CITY OF KITCHENER COUNCIL MINUTES JUNE 16, 1997 - 323- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That the collection schedule be undertaken based on designated areas rather than the day of garbage collection. b) That, with regard to the autumn Leaf Collection Program, the Department of Public Works be requested to prepare a report on the feasibility of selling kraft paper "yard waste" bags from various City/Community Centre facilities. (As Amended) That funding allocated under the Canada/Ontario Infrastructure Works Program be utilized to resurface the following streets, namely: PRIORITY STREET FROM TO 13 1 Homer Watson Blvd Expressway Ramp Ottawa St 2 Water St Duke St Victoria St 3 Lancaster St Victoria St Frederick St 4 Margaret Ave Victoria St Queen St 5 Mill St Ottawa St Stirling Ave 6 Mill St Ottawa St Courtland Ave 7 Wellington St St Leger St Margaret Ave 8 Wabanaki Dr Manitou Dr Wilson Ave 9 Moore Ave Emma Ave City Limits 10 Glasgow St HEPC Entrance Highland Rd 11 Madison Ave King St Charles St 12 Old Mill Rd Mill Park Dr Roos St East Ave Weber St Sherbourne Ave 14 Stirling Ave Highland Rd Homer Watson Blvd 15 Stirling Ave Avalon PI Greenbrook Dr 16 Highland Rd Stirling Ave Hoffman St 17 Kinzie Ave Weber St Rutherford Ave 18 Thaler Ave Kinzie Ave Fairway Rd 19 Traynor Ave Vanier Dr Wilson Ave 20 Traynor Ave Connaught Ave Greenfield Ave 21 Connaught St Traynor Ave Franklin St 22 Mt Hope St King St Park St 23 Mutual Dr Mt Hope St Union Blvd 24 Rockway Dr Doon Rd Dixon Rd 25 Eckert St Dixon Rd Second Ave 26 Doon Rd Floral Cres 300'W of Carwood Cres 27 Clark Ave Wilson Ave Siebert Ave 28 Siebert Ave Clark Ave Vanier Dr 29 Balzer Rd Courtland Ave RR Tracks 30 Otonabee Dr Bleams Rd Sasaga Dr 31 Sasaga Dr Manitou Dr CNR Railway 32 Gay Cres Conway Dr Conway Dr 33 Jackson Ave Weber St Fairmount Rd 34 Overlea Cres Overlea Dr Overlea Crt 35 Overlea Crt Overlea Dr Cul de Sac 36 Riverbend Dr Bridgeport Rd Arnold St 37 Turner Ave Frederick St Victoria St 38 Patricia Ave Queen's Blvd Highland Rd 39 Breithaupt St Duke St Weber St 40 Carson Dr Champlain Cres Natchez Rd (As Amended) PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) JUNE 16, 1997 COUNCIL MINUTES - 394 - CITY OF KITCHENER COUNCIL MINUTES JUNE 16, 1997 - 394 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That the City of Kitchener endorse the projects proposed by the Regional Municipality of Waterloo to be completed under the extension of the Canada/Ontario Infrastructure Works Program, namely: resurfacing of King Street, between Victoria Street to the railroad tracks, and rehabilitation of the bridge over Laurel Creek on Regional Road 52. That the City of Kitchener endorse the following projects as a first priority in the 1998 Regional Capital Roads Program to replace transportation projects being completed under the Canada/ Ontario Infrastructure Works Program: Westmount Road/Glasgow Street intersection improvements. King Street East/Fairway Road to River Road widening. Fischer-Hallman Road ExtensionANestmount Road to Activa Drive - system expansion. COUNCIL MINUTES JUNE 16, 1997 - 325 - 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. Licenses The Committee considered a memorandum dated June 16, 1997, distributed this date, regarding a request from Ms. G. Louwe for a Massagist licence. It was resolved: "That Ms. Corinna Lynne Brown be granted a Massagist licence for the year 1997; and further, That Ms. Sandra Gagnon be granted a Massagist licence for the year 1997; and further, That Ms. Sandra Hethrington be granted a Massagist licence for the year 1997; and further, That Ms. Fana Cepovski be granted a Massagist licence for the year 1997; and further, That Ms. Geneveene Louwe be granted a Massagist licence for the year 1997." - and - "That the K-W Habilitation Services, 108 Sydney Street South, Kitchener, be granted permission to operate a refreshment stand on June 19-22, 1997, inclusive, at the Zehrs, Forest Glen Plaza, 700 Strasburg Road, Kitchener, provided that the necessary Licence and Health and Fire approvals are obtained and further, that the nominal fee of $1.00 be applicable." - and - "That the K-W Habilitation Services, 108 Sydney Street South, Kitchener, be granted permission to operate a refreshment stand on July 3-6, 1997, inclusive, at the Zehrs, Forest Glen Plaza, 700 Strasburg Road, Kitchener, provided that the necessary Licence and Health and Fire approvals are obtained and further, that the nominal fee of $1.00 be applicable." - and - "That the K-W Habilitation Services, 108 Sydney Street South, Kitchener, be granted permission to operate a refreshment stand on August 1-3, 1997, inclusive, at the Hiway Market Zehrs, 1385 Weber Street East, Kitchener, provided that the necessary Licence and Health and Fire approvals are obtained and further, that the nominal fee of $1.00 be applicable." - and - "That the 'Summer in the City' Community Organizing Committee be granted permission to operate a refreshment stand, outdoors on Roos Island in Victoria Park, Kitchener, on August 10, 1997, provided that the necessary Licence and Health and Fire approvals are obtained and that the nominal fee of $1.00 be applicable, and further, COUNCIL MINUTES JUNE 16, 1997 - 3~6- CITY OF KITCHENER COUNCIL MINUTES JUNE 16, 1997 - 3~6- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES JUNE 16, 1997 - 326 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 1. Licenses (Cont'd) That the City of Kitchener has no objection to the 'Summer in the City' Community Organizing Committee obtaining a liquor licence for their event." - and - "That the Waterloo Region Self Help For Psychiatric ConsumedSurvivors, 361 Queen Street South, Kitchener, be granted permission to operate a refreshment stand on July 5, 1997, with a rain date of July 6, 1997, outdoors, in the parking lot of Achievement in Motion, 310 Charles Street East, Kitchener." - and - "That the Concordia Club, 429 Ottawa Street South, Kitchener, be granted permission to operate a Refreshment Stand on the grounds of the Concordia Club, on June 20-22, 1997, inclusive, provided that the necessary Licence and Health and Fire approvals are obtained, and that the nominal fee of $1.00 be charged; and further, That the Concordia Club, 429 Ottawa Street South, Kitchener, be granted permission to operate a Midway on June 21, 22, 1997, provided that the necessary Licence and Police, Health, Public Works and Planning approvals are obtained." - and - "That no action be taken on the requests of Michael Terry Pink and Charles Miners for Ice Cream Vehicle Driver's Licences as per their applications dated May 29, 1997." In response to a comment by Councillor Jake Smola, the Committee requested that in future, reports from the Manager of Licensing dealing with applications for approval of Massagist licences should include the number of such licences already approved by Council to date. 2. Encroachment Aqreements It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor with the owner(s) of Lot 9, Registered Plan 830, municipally known as 28 Jack Avenue, to permit the construction and maintenance of a fence that would encroach 7 feet, more or less, onto an undeveloped laneway at the rear of the property." - and - "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner(s) of 248 Stirling Avenue South, known as The Stirling Plaza, to permit the installation and maintenance of a chain link and page wire fence which will encroach onto a City easement." JUNE 16, 1997 COUNCIL MINUTES - 3~7- CITY OF KITCHENER COUNCIL MINUTES JUNE 16, 1997 - 3~7- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Councillor M. Yantzi requested the opportunity to review in more detail the encroachment agreement with Montana Taps, 215-219 King Street West. It was agreed to refer the proposed encroachment agreement to the June 23, 1997, Finance and Administration Committee meeting for additional discussion and direction was given to list the recommendation arising therefrom on the agenda of the Special Council meeting to be held June 23rd. COUNCIL MINUTES JUNE 16, 1997 - 327 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 3. Noise Exemption - VICTORIA PARK WARD It was resolved: "That LP Holdings Inc. and Philip Environmental Services Inc. be exempt from the provisions of Chapter 450 - Noise - of the Municipal Code for the period June 16, 1997 to June 30, 1997 in order to facilitate demolition efforts at the former Epton site located at 521 King Street West." 4. Tenders The tenders were dealt with under delegations. 5. Request for Exemption from Noise By-law re Construction Work at Greenbrook Pumpinq Station The Committee was in receipt of a report from the Traffic and Parking Division dated June 13, 1997, and attached letter from the Region of Waterloo requesting a Noise By-law exemption in connection with a drilling operation at the Greenbrook Pumping Station. It was resolved: "That the Regional Municipality of Waterloo, and its Contractor, be exempted from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code, Article 6 (Construction Work), during drilling work, in conjunction with the replacement of an existing well at the Greenbrook Pumping Station, in the month of July 1997."