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HomeMy WebLinkAboutCouncil Minutes - 1997-08-18COUNCIL\1997-08-18 AUGUST 18, 1997 COUNCIL MINUTES CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by Ms. Rachel Molnar and Kristin Heffner from the King School of Vocal and Dance. Councillor M. Yantzi thanked Ms. Molnar and Heffner for their rendition of the National Anthem. On motion by Councillor Jake Smola, the minutes of the regular meeting held on July 7, 1997, and special meetings held on July 7, 10 and August 11, 1997, as mailed to the members, were accepted. COMMUNICATIONS - A. Referred Directly to File (1) Letter from the City of St. Catharines advising of its Council endorsement of a resolution from the City of Kitchener respecting current value assessment. (2) Letter from Assistant Deputy Minister, Ministry of Finance, responding to Council's resolution to delay implementation of the Province-wide reassessment until January 1, 1999. B. Referred to Committee of the Whole (1) Letter dated August 13, 1997, from R.W. Pritchard, Commissioner of General Services & City Clerk, relative to applications for cancellation, refund, reduction or levy of taxes. Former Councillor Karen Redman, now Member of Parliament for Kitchener Centre, was in attendance for a special presentation this date. Mayor R. Christy expressed thanks on behalf of City Council for her contributions during her term as Councillor for Centre Ward. Mayor Christy then read the contents of a Certificate of Appreciation and presented a Conestoga Wagon in recognition of her service to the City. Ms. Redman then made several remarks in respect to her term on Council, which extended from November 1994 to June 1997, and commented that it had been a great learning experience for her. Upon accepting the mementos, she acknowledged the assistance afforded to her by members of Council and City staff. 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. Mr. Gordon advised that an additional Tender T97-91 had been circulated for consideration this date in respect to the construction of the Forest Heights Community Centre and Fire Hall. Mr. J. Gazzola advised that the lowest bid price in the tender was $215,000.00 in excess of allocated funding and that during the last week staff had considered four alternatives to address this financial deficiency. He then listed the following alternatives: firstly, the tender could be proceeded with in spite of the $215,000.00 shortfall, which would become a first draw on the 1998 City budget and that staff oppose this alternative; secondly, that the building could be resized to reduce the structure but this would only result in an approximate $60,000.00 to $70,000.00 price reduction and, in the view of staff, was not viable; thirdly, construction could be delayed and the project re-tendered in 1998 but construction prices in 1998 could easily be higher than currently and staff do not recommend this option; and fourthly, that Council consider a list of some 28 items being recommended for deletion that would reduce the price by $115,000.00 with the balance of the shortfall being funded as a first draw on the 1998 Capital Budget. He advised that staff recommend this option. Council then considered the suggested list of items for deletion as an adjustment to the tender and Mr. Gazzola advised that the items were stand alone items that could be added to the facility at a later date. In this regard, he noted that some of the items could be provided from general provision funds. Councillor B. Vrbanovic questioned the deletion of the natural gas back-up generator and Deputy Fire Chief B. Kuntz advised that it could be provided in the long term. Councillor Vrbanovic commented that it was his view the City should build a facility properly from day one and questioned if there was not some other way of finding the funding required. Mr. J. Gazzola commented that Council has already made several commitments from its 1998 Capital funding. Councillor T. Galloway questioned the long term effect of deletion of the insulation R value on the metal roof from R 30 to R 20 and Mr. Malcolm Lobban advised that this deletion would only result in a slight increase in heating costs. Councillor T. Galloway strongly recommended that the skylight, given its feature within the building, not be deleted from the AUGUST 18, 1997 COUNCIL MINUTES -378- CITY OF KITCHENER structure and members of Council agreed. Councillor T. was any way only received Galloway referred to Tender T97-78 for gas pipeline construction and questioned if there to generate more interest in the bidding. Mr. L. Gordon advised that traditionally the City 2-3 bids on this work. Councillor T. Galloway noted that only one bid had been received with respect to Tender T97-88 for the King Street East reconstruction and questioned if policy should require work to be re-tendered in such a case. Mr. L. Gordon advised that staff considered the issue of re-tendering but had concluded that pricing was more likely to be higher. Councillor M. Wagner questioned Tender T97-51 for miscellaneous aggregates and why it was a split award. Mr. L. Gordon advised that a large component of the tender is trucking costs and that staff had factored this consideration into the recommendation in consideration of the closest pick-up point. Councillor C. Weylie noted that the tender for the construction of Eastforest Trail had not come forward and Mr. J. Gazzola advised that the tender was not being recommended at this time as a result of a serious cost over-run. He commented that the Department of Public Works will likely recommend the project be left for reconsideration in 1998. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That Expression of Interest E97-74, Consultant Services - Glasgow Street Class Environmental Assessment Study (Fischer-Hallman Road to Knell Drive), be awarded to McCormick Rankin Corporation, Kitchener at an upset fee of $46,800., plus G.S.T., and contingency fees of $2,500. for a geotechnical investigation and $4,500. for a legal survey." - and - "That tender T97-81, Roof Replacement - Utilities Operations Centre, be awarded to The Roofman Inc., Kitchener at their tendered price of $42,500., plus G.S.T." - and - "That tender T97-82R, Forest Heights Community Centre and Fire Hall - Removal of Fill, be awarded to G. Melo Excavating, Cambridge Ontario at their tendered price of $305,343.76, including G.S.T." - and - "That tender T97-78, Gas Pipeline Construction, be awarded to BFC Utilities, Scarborough, Ontario, at their tendered price of $1,860,100.63 (including G.S.T.)." - and - "That tender T97-51, Miscellaneous Aggregates, be awarded to Kitchener Holdings Limited, Kitchener; Forwell Limited, Kitchener; B & B Kieswetter Excavating, Kitchener and Warren Bitulithic Limited, Kitchener at their tendered unit prices, plus G.S.T. and P.S.T." - and - "That tender T97-88, King Street East Reconstruction (Cedar Street to Madison Avenue), be awarded to Steed and Evans Limited, Kitchener at their tendered price of $482,267.13, including G.S.T. The tender contains a contingency of $51,901.40." - and - "That tender T97-4, Slurry Seal Resurfacing, be awarded to Miller Paving Ltd., Markham, Ontario at their tendered price of $80,678. (including G.S.T.)" - and - AUGUST 18, 1997 COUNCIL MINUTES - 379- CITY OF KITCHENER "That tender T97-45, Betzner Avenue Reconstruction (King Street to Weber Street), be awarded to Steed and Evans Limited, Kitchener at their tendered price of $383,926.05, including G.S.T." - and - "That tender T97-83, Kent Avenue Reconstruction (Courtland Avenue to East of Kennedy Avenue), be awarded to Steed and Evans Limited, Kitchener at their tendered price of $190,482,87, including G.S.T." - and - "That tender T97-87, Remedial Work to the Duke Street Garage, be awarded to Conterra Restoration Ltd., Etobicoke at their tendered price of $131,342.50, including G.S.T." - and - "That tender T97-91, Forest Heights Community Centre and Firehall, be awarded to Tambro Construction Ltd., Guelph, Ontario at their tendered price of $2,438,405. (plus inclusion of a skylight for $8,550. and applicable taxes), which includes G.S.T., and items deleted from the Separate Price Schedule, Alternate Price Schedule and Additional Separate Price Schedule of Monday, August 18, 1997, in the amount of $115,418. less $8,550. and an adjustment for applicable taxes, as included in Appendix #1, as amended in regard to the skylight, and further, That the approximate $100,000. shortfall in project funding become a first draw against the 1998 Capital Budget." Carried. Mr. Tim Kerr and Ms. Cindy Kerr appeared as a delegation in support of the recommendation listed under Item B.10 of the Committee of the Whole agenda this date dealing with the Committee of Adjustment recommendation respecting Submission No. F 5/97. Moved by Councillor T. Galloway Seconded by Councillor C. Weylie "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of July 15, 1997, recommending approval of Submission No. F 5/97 - Cindy & Tim Kerr - Be Ratified & Confirmed." Carried. Mr. T. Clancy, General Manager of Parks and Recreation, appeared as a delegation on behalf of the Kitchener In Bloom Committee to give a video and slide presentation with regard to the Communities in Bloom Program. A video was shown which outlined components of the program and illustrated various gardens, parks and historic sites. A slide presentation was then given which illustrated award winning properties from each of the City's 10 Wards, as follows: Ward 1 - 85 Clive Road Ward Ward 2 - 724 Rockway Drive Ward Ward 3 - 78 Gruhn Street Ward Ward 4- 16 Wellington St.N. Ward Ward 5 - 262 Sherwood Avenue Ward 6 - 255 Thaler Avenue 7 - 280 Wilson Avenue 8 - 155 Edgehill Drive 9 - 147 Pinehurst Crescent 10 - 155 Markwood Drive. At this time, Councillor G. Lorentz, Mr. T. Clancy and Ms. Gail Laturn, representing Canada Post, presented recognition awards to each of the property owners. Mr. Clancy then commented that the First Place Award and the Runner-Up Award in the competition were separated by only one half point difference. The owner of 155 Edgehill Drive was then presented with the Second Place Award and the owners of 79 Gruhn Street were presented with the First Place Award. Mr. T. Clancy then commented on the involvement of Letter Carriers of Canada Post with regard to this initiative and the recognition that this approach has received. He also recognized the contribution of the Working Committee members toward this program. Mayor R. Christy thanked the Working Committee, Mr. T. Clancy and his staff for their work and successful completion of this program. AUGUST 18, 1997 COUNCIL MINUTES - 380- CITY OF KITCHENER Ms. Jennifer Lynn, Downtown Events Promoter, appeared as a delegation in respect to Kaleidoscope: Kitchener Festival of the Arts which was held July 25 and 26, 1997. She distributed a summary of preliminary public survey results of the Festival for Council's information. She commented that the community had fully supported it and that 97% of respondents wanted it to continue. Ms. Lynn advised that a full report would be submitted to Council within a few weeks. Mr. Harry Froklage, Chair of the Kaleidoscope Festival, also appeared before Council and commented on how arts were showcased throughout the Downtown. He listed examples of what took place as well as personal impressions of this event which had come about as the result of a recommendation in the Mayor's Task Force on the Downtown. Mr. Froklage also indicated that he would provide a written report by month end. He commented that the decision to focus on offering all of the arts was the right decision and, at this time, thanked all those who had assisted in the conduct of this successful Festival. He noted that a viable annual Festival has now been established and Mr. Ron Brown has assumed the Chair for the 1998 Festival. Mr. Ron Brown appeared before Council and noted that planning for the 1998 Festival had already commenced and he invited all members of the community to become involved. Mayor R. Christy and Councillors M. Wagner and C. Weylie thanked the organizers of the Festival for their work. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That Clause #1 of the report of the Planning and Economic Development Committee of Council of this date be adopted." Mr. Murray Huffman appeared as a delegation on behalf of 845081 Ontario Inc. in respect to Clause #1 of the report of the Planning and Economic Development Committee. Mr. Huffman referred to his appearance before the Committee on August 11th and advised that since the meeting he has had further discussions with staff and Councillor T. Galloway. At this time, he requested Council defer the recommendation to allow for additional discussion and refer the matter back to the Planning and Economic Development Committee. Mr. William Corbett appeared as a delegation along with Ms. Linda Clark in support of Clause #1 of the Planning and Economic Development Committee report recommending refusal of the Zone Change application submitted by 845081 Ontario Inc. He commented that refusal was in the best interests of affected residents but did clarify that the residents association was a recreational association only and did not represent all the residents of Country Hills. He commented that deferral would only prolong the outcome of this application which should be refusal as recommended by the Committee. Councillor M. Yantzi questioned if the immediate neighbourhood had been involved in meetings in respect to this application and Mr. Corbett advised that only the recreation association had participated in meetings. Councillor T. Galloway commented that, prior to the August 11th Planning and Economic Development Committee meeting, he had suggested to the applicant that the Zone Change be deferred to allow for additional discussion but the applicant had not been willing. He stated that he does support a deferral in the interest of good planning to attempt to resolve differences and that to not consult the neighbourhood could be the subject of criticism at a future Ontario Municipal Board hearing, if held. Councillor M. Wagner stated that he was opposed to a deferral if a drive-thru was still being proposed by the applicant. Councillor T. Galloway noted that the deferral would result in referral of the entire application to allow for the fullest discussion relating to the development proposal. Councillor J. Ziegler stated that he reluctantly supported a deferral in this instance and that, under New Business of the meeting this date, he would propose to request staff to consider the City's ability to regulate distance separation for drive-thru operations in all zones. Moved by Councillor T. Galloway Seconded by Councillor M. Yantzi "That Clause #1 of the report of the Planning and Economic Development Committee of this date be deferred and referred back to staff of the Department of Planning and Development with instruction to hold a neighbourhood meeting on this matter and forward the meeting results to a future meeting of the Planning and Economic Development Committee for its consideration." Carried. AUGUST 18, 1997 COUNCIL MINUTES - 381- CITY OF KITCHENER Mr. Barry Grieve appeared as a delegation on behalf of Sammy's Social Club, 350 King Street West, to request Council's approval of temporary occupancy. He noted that the approval was necessary in regard to installation of some amusement games in a portion of the building located at its rear, with such games being for the use of lounge patrons. Mr. T. McCabe advised that, in approximately 1990, City Council passed a special regulation prohibiting pinball arcades within the Downtown. He advised that he has visited this new establishment and confirmed that the additional use requested was an ancillary part of the complex. As well, he confirmed that a zone change application has been submitted requesting the use. Accordingly, he advised that the request for approval of temporary occupancy meets all of Council's policy criteria in this regard and, in his opinion, also maintains the intent of Council's policy to prohibit pinball arcades in the Downtown. Moved by Councillor M. Yantzi Seconded by Councillor G. Lorentz "That the request of Mr. Barry Grieve on behalf of Sammy's Social Club, 350 King Street West, for temporary occupancy be approved conditional upon the following: That enforcement of the City's Zoning By-law be waived with respect to the installation of amusement games in a portion of the building housing Sammy's Social Club, 350 King Street West, and temporary occupancy be approved subject to the proposed use vacating the location in the event the zone change application is not approved in a form that will permit this use, and further, That, in the event of failure to vacate, the City's Municipal By-law Enforcement Officer be directed to commence notice of action to remove the illegal use and that any work done to the premises be at the sole risk and responsibility of the owner in the event losses are incurred as the result of final disposition of this application." Carried. Moved by Councillor J. Ziegler Seconded by Councilor M. Yantzi "That Council waive Notice of Motion to reconsider its July 7, 1997, decision to take no action with respect to the Ice Cream Vehicle Driver's Licence application filed by Mr. Cory Alexander Breton." Carried, Unanimously. Moved by Councillor J. Ziegler Seconded by Councilor M. Yantzi "That Council reconsider its decision of July 7, 1997, to take no action with respect to the Ice Cream Vehicle Driver's Licence application submitted by Mr. Cory Alexander Breton." Carried, Unanimously. Moved by Councillor J. Ziegler Seconded by Councilor M. Yantzi "That Mr. Cory Alexander Breton be granted an Ice Cream Vehicle Driver's Licence for the year 1997." Carried, Unanimously. Mr. Michael Carty appeared as a delegation in support of Clause #2 of the report of the Planning and Economic Development Committee which recommends approval of a Municipal Plan Amendment application that would add a new subsection "Arts and Culture" to the City's Municipal Plan. Councillor M. Wagner commented that the City has something unique with respect to these policies as they will now be enshrined in the Municipal Plan. Mr. Carty spoke to the history of the beginnings of the Arts and Culture Advisory Committee which undertook development of a vision and subsequently developed Terms of AUGUST 18, 1997 COUNCIL MINUTES - 38~- CITY OF KITCHENER Reference. He thanked everyone for their efforts in respect to this subject and requested Council's support of the Committee recommendation. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That Clause #2 of the report of the Planning and Economic Development Committee of Council of this date be adopted." Carried. Mr. Dominic Posella appeared as a delegation in support of Clause #7 of the report of the Planning and Economic Development Committee of this date dealing with a recommendation to approve temporary occupancy for the Immaculate Heart of Mary School at 155 Ahrens Street West. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That Clause #7 of the report of the Planning and Economic Development Committee of Council of this date be adopted." Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee of Council of this date be adopted." Councillor C. Weylie, Chair, advised that she wished to introduce an additional recommendation to the report as a result of the special Planning and Economic Development Committee meeting held this date in respect to the Team Kitchener report. On motion by Councillor C. Weylie, seconded by Councillor M. Yantzi, it was agreed to add this recommendation as Clause #14 of the report. Councillor Jake Smola referred to Clause #6 of the report dealing with the Anton property on Forwell Road and the issue of whether or not the road was to be closed. Mr. T. McCabe responded that the issue was whether the Anton property was a developable property. The report was then put to a vote. Voted on Clause by Clause. Clause #1 - Dealt with under delegations and referred back to staff of the Department of Planning and Development with instruction to hold a neighbourhood meeting on this matter and forward the meeting results to a future meeting of the Planning and Economic Development Committee for its consideration. Clauses #2 & #7- Dealt with under delegations and Carried. Balance of Report - Carried. Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic "That Clauses #1 and #2 of the report of the Community Services Committee of this date be adopted." AUGUST 18, 1997 COUNCIL MINUTES - 383- CITY OF KITCHENER Councillor T. Galloway disclosed a conflict of interest and abstained from all discussion and voting on Clauses #1 and #2 as he is employed by the Kitchener Rangers Hockey Club. Moved by Councillor T. Galloway Seconded by Councillor B. Vrbanovic "That the balance of the report of the Community Services Committee of this date be adopted." Mayor R. Christy questioned Clause #8 of the report respecting the hiring of a facility consultant to undertake a Master Site Plan review of the Kitchener Memorial Auditorium Complex and Mr. B. Arnot confirmed that a study was done a number of years ago and that the current study would be more of an update of what was done at that time. Councillor M. Wagner questioned why a consultant was needed at all and noted that there was no specified financial cost quoted. He suggested that there was a very capable staff at the Auditorium that could undertake the study and conclude it in an appropriate length of time given there was no urgency to do so. Councillor G. Lorentz commented that many proposals in regards to further development at the Auditorium Complex had been made over the years and that it was important to determine what future possibilities and potential there was to make better use of the site. Councillor T. Galloway noted that many new complexes were being built in other communities and it was necessary that the City investigate what was needed to keep the facility competitive with those in other centres. The report was then put to a vote. Voted on Clause by Clause. Clauses #1, #2 & #8 - Carried. Balance of Report - Carried. The following conflict of interest and abstention was disclosed: Clauses #1 & #2 - Councillor T. Galloway as he is employed by the Kitchener Rangers Hockey Club. Councillor M. Wagner requested to be recorded as being opposed to Clause #8. Moved by Councillor J. Ziegler Seconded by Councillor Jake Smola "That the report of the Finance and Administration Committee of this date be adopted." A motion by Councillor J. Ziegler, seconded by Councillor Jake Smola, to defer action on Clause #5 and refer it to the September 8, 1997 Finance and Administration Committee pending receipt of additional information from staff, was accepted. In reference to Clause #1 of the report, Councillor M. Wagner questioned if staff would determine what policy other municipal and private golf courses operate by in respect to golf ball damage claims and bring this information to the Committee. A housekeeping amendment was agreed to in respect to Clause #1 to delete reference to an August 18th Council Caucus meeting. Councillor Jake Smola referred to Clause #9 of the report and requested Finance staff provide a five year history of rates and rate increases with respect to water rates, gas rates and other user fees, as well as the percentage increase of taxes over the last five years. The report was then put to a vote. Voted on Clause by Clause. Clause #1 - Carried, As Amended. Clause #5 - Action deferred and referred to the September AUGUST 18, 1997 COUNCIL MINUTES - 384- CITY OF KITCHENER 8, 1997 Finance and Administration Committee meeting, pending receipt of additional information from staff. Balance of Report - Carried. Moved by Councillor M. Wagner Seconded by Councillor T. Galloway "The report of Heritage Kitchener (Local Architectural Conservation Advisory Committee) be adopted." Carried. Moved by Councillor John Smola Seconded by Councillor M. Wagner "That the report of the Public Works & Transportation Committee of this date be adopted." Councillor John Smola advised that Clause #2 of the report dealing with noise exemption for work on Eastforest Trail was now redundant as the contract for the road construction was not coming forward at this time. Accordingly, it was agreed to withdraw this recommendation from the report. Councillor G. Lorentz referred to Clause #12 of the report dealing with collection of yard waste expressing concern that not all the facts with respect to Waterloo's costs were really known. Comments were made by Messrs. S. Gyorffy, J. Gazzola and Councillors J. Ziegler and T. Galloway in support of Clause #12 and Councillor Galloway commented that when the entire waste collection program was considered it was his view that the City of Kitchener was doing more than the City of Waterloo. The report was then put to a vote. Voted on Clause by Clause. Clause #2 - Recommendation redundant and Withdrawn. Balance of Report - Carried. Councillor G. Lorentz advised that, some time ago, Council agreed to participate in a Speed Advisory Program and, in this regard, he invited members of Council to view the unit which will be operated on August 21st on Highview Drive. Councillor Lorentz noted that the key to success of the program was the involvement of residents and he put Council on notice that he would like their consideration of a second unit. Councillor J. Ziegler referred to the issue of drive-thru operations on commercial sites, as discussed with regard to the Zone Change listed as Clause #1 of the report of the Planning and Economic Development Committee. He asked if Planning staff could investigate greater distance separations between residential and commercial operations with the view to creating a special regulation but it would be applied to both existing and new zoning. Mr. T. McCabe advised that staff would need approximately 6 months to develop a comprehensive report. Moved by Councillor J. Ziegler Seconded by Councillor T. Galloway "That the Department of Planning and Development be requested to prepare a report for consideration by the Planning and Economic Development Committee within 6 months, detailing what the City could do to limit/control drive-thru commercial operations in any zone adjacent to residential areas." Carried. Councillor M. Wagner advised that a conference was being held this coming weekend in Windsor that would formally recognize the work of Heritage Kitchener with respect to the City's designation of the Kaufman Footwear property. Also, he noted that Heritage Canada will be recognizing the Committee's work. AUGUST 18, 1997 COUNCIL MINUTES - 385- CITY OF KITCHENER Councillor M. Wagner referred to the resolution received from the City of Sarnia dealing with the shooting that took place at Ipperwash Provincial Park. At this time, he gave Notice of Motion that he wished consideration of this resolution at the next regular Council meeting. Councillor T. Galloway referred to the tar and chip improvement work that was done recently on Tilt Drive and noted that there was a concern being that this road was located within a Heritage Conservation District Plan. He expressed concern that any activity does not come to the attention of Heritage Kitchener, as well as the fact that each time such work is done the road tends to be widened. He requested that Mr. S. Gyorffy investigate the work and report to Council. Councillor M. Wagner commented that, in his view, the roadway was actually widened and strongly suggested that staff should be advised not to take the role of Heritage Kitchener lightly in such matters. Councillor B. Vrbanovic referred to Council requests for future action on the part of staff and questioned if a list of such items could be maintained where such requests or direction was given. At this time, Councillor Karen Taylor-Harrison, as a follow-up to her recent E-Mail, formally thanked members of City Council and staff for the support she has received during the 6 weeks since her appointment to City Council. At the request of Mr. G. Sosnoski, Council agreed to the addition of three by-laws to the agenda this date. The first by-law deals with conveyance of land adjacent to Royal Orchard Drive and the other two by- laws deal with zoning amendments respecting lands adjacent to Glasgow Street and Cherry Street. Moved by Councillor J. Ziegler Seconded by Councillor John Smola "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to close part of the public highways known as Doon Village Road and Doon South Drive for a period of one year (b) Being a by-law to close and retain part of a public highway known as Windrush Trail in the City of Kitchener (c) To further amend By-law No.88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property 6. (Cont'd) (d) To further amend By-law No.88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (e) Being a by-law to amend By-law No.88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof (f) Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By- law Enforcement (g) Being a by-law to readdress and renumber certain properties and premises in the City of Kitchener (h) Being a by-law to provide for the widening of part of Woolwich Street as a public highway in the City of Kitchener (i) Being a by-law to exempt certain lots from Part Lot Control - Blocks 1 to 8 inclusive, Registered Plan 58M-16 - Mountain Mint Crescent; Blocks 1 to 7 inclusive, Registered Plan 58M-17 - Pine Martin Crescent; and Blocks 1 to 4 inclusive, Registered Plan 58M-19 - Hackberry Street (j) Being a by-law to exempt certain lots from Part Lot Control - Lots 5 to 13 inclusive, Registered Plan 1689 - Beechcroft Place (k) To confirm all actions and proceedings of the Council COUNCIL MINUTES AUGUST 18, 1997 - 386- CITY OF KITCHENER (I) Being a by-law to extend the time for conveyance of lands pursuant to By-law 89-176, amended by By-law 95-162, being part of a closed public walkway - Royal Orchard Drive (m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 1021366 Ontario Ltd. - Glasgow Street - #97/10/C/JG (n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Trenlon Corporation - Cherry Street - #97/1 I/C/JG 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 Jake Smola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. Moved by Councillor Jake Smola Seconded by Councillor T. Galloway "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. Mr. Tom Clancy advised Council that during his earlier presentation he had neglected to comment that a display had been set up illustrating the award winners of the Communities in Bloom Program. Also at this time, he advised the Committee that the City now has a Trail Bike Program in operation from 1:00 pm. to 9:00 p.m., 7 days a week, and that any inquiries respecting the program should be directed to Mr. J. McBride. Moved by Councillor J. Ziegler Seconded by Councillor John Smola "That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law No.88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (By-law No.97-117) (b) To further amend By-law No.88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (By-law No.97-118) (c) Being a by-law to amend By-law No.88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof (By-law No.97-119) (d) Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement (By-law No.97-120) (e) Being a by-law to readdress and renumber certain properties and premises in the City of Kitchener AUGUST 18, 1997 COUNCIL MINUTES - 387- CITY OF KITCHENER (By-law No.97-121 ) (f) Being a by-law to provide for the widening of part of Woolwich Street as a public highway in the City of Kitchener (By-law No.97-122) (g) Being a by-law to exempt certain lots from Part Lot Control - Blocks 1 to 8 inclusive, Registered Plan 58M-16 - Mountain Mint Crescent; Blocks 1 to 7 inclusive, Registered Plan 58M-17 - Pine Martin Crescent; and Blocks 1 to 4 inclusive, Registered Plan 58M-19 - Hackberry Street (By-law No.97-123) (h) Being a by-law to exempt certain lots from Part Lot Control - Lots 5 to 13 inclusive, Registered Plan 1689 - Beechcroft Place (By-law No.97-124) (i) To confirm all actions and proceedings of the Council (By-law No.97-125) (I) Being a by-law to extend the time for conveyance of lands pursuant to By-law 89-176, amended by By-law 95-162, being part of a closed public walkway - Royal Orchard Drive (By-law No.97-126) (Cont'd) (m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 1021366 Ontario Ltd. - Glasgow Street - #97/10/C/JG (By-law No.97-127) (n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Trenlon Corporation - Cherry Street - #97/11/C/JG (By-law No.97-128) 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 Zone Change Application ZC 97/6/S/ZJ (845081 Ontario Inc.) requesting a change of zoning from Service Station Zone (C-7) to Convenience Commercial Zone (C-1) according to By-law 85-1 on lands legally described as Block P, Registered Plan 1416, be refused. It is the opinion of this Committee that refusal of this application is proper planning for the City. (Dealt with under delegations and action deferred and referred back to staff of the Department of Planning and Development with instruction to hold a neighbourhood meeting on this matter and forward the meeting results to a future meeting of the Planning and Economic Development Committee for its consideration.) That City Council approve Municipal Plan Amendment Application MP 97131AIBN - City of Kitchener (City-wide), attached to Staff Report PD 97127, being an amendment to add a new sub- section "Arts and Culture" to Part 2, Section 3 of the Plan, as follows: "3.5 Arts and Culture The City of Kitchener recognizes that the pursuit and enhancement of arts and cultural activities are integral to the quality of life of its residents and to its attractiveness as a place for businesses and visitors. It is the intent of this Plan to provide policy directions to guide decision-making to support and promote arts and cultural activities in this community. Objective i) To facilitate the availability of opportunities to people of all ages and cultural background to experience arts and cultural activities and to explore their creativity at all levels of artistic and cultural accomplishments throughout the City. Policies 1. In order to retain and enhance its rich and vibrant cultural community, the City of Kitchener shall, in cooperation with the business community, associations, arts and cultural organizations, individual artists and residents; nurture and strengthen its existing arts and cultural infrastructure and activities and add new ones incrementally as appropriate and feasible. 2. The City shall support and promote initiatives of the arts and cultural community in tangible and intangible ways as appropriate and feasible. 3. The City reorganizes the downtown as the major business, arts, cultural, entertainment and tourist centre and shall endeavor to create a climate that is conducive to the growth and development of these activities. 4. The City shall provide opportunities for live/work space that will allow for the integration of residential accommodation with workplace, gallery and retail space for artists through flexible zoning and encouraging the incorporation of such spaces in publicly and privately planned developments. 5. The City shall encourage and support arts and cultural activities at the neighbourhood level in order to foster neighbourhood cohesion." It is the opinion of this Committee that approval of this Amendment to the Municipal Plan is proper planning for the City. (Dealt with under delegations and Carried.) 3. That Zone Change Application ZC 97/11/C/JG (Trenlon Corporation), requesting to change the zoning from Residential Four Zone (R-4) with special regulation provision 1R to Residential Seven Zone (R-7) with special regulations 1R and 268R, be approved in the form shown in the attached "Proposed By-law", dated July 8, 1997, without conditions. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 3. Cont'd 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. COUNCIL MINUTES AUGUST 18, 1997 - 389- CITY OF KITCHENER COUNCIL MINUTES AUGUST 18, 1997 - 389- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That Zone Change Application ZC 97/10/C/JG (1021366 Ontario Ltd.), adding special regulation provision 267 to the Residential Six Zone (R-6) on lands legally described as Part Lot 34, GCT and changing the zoning of a section of old Glasgow Street to be closed, from Residential Six Zone (R-6) to Neighbourhood Institutional (I-1) with special use provision 119, on lands legally described as Part of Lot 34, GCT, more particularly described as Part 9 on Plan 58R-6675 b_e approved in the form shown in the attached "Proposed By-law", dated July 10 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. A) That City Council interpret that the lands subject to the zone change application as being designated Low Rise Residential in the City's Municipal Plan. B)The Zone Change Application ZC 93/14/P/ZJ (Pieter Vos Ltd.) requesting a change in zoning from Open Space Zone (P-2) with special holding provision 27H to Residential Six Zone (R-6) according to By-law 85-1 on lands legally described as part of Biehn's Unnumbered Tract and Part of Part 1, 58R-5770, be approved in the form shown in the "Proposed By- law" attached, dated July 3, 1997, subject to the following conditions being satisfied prior to any readings of the By-law by City Council: 1 The owner agrees to pay all outstanding property taxes. 2) That the owner shall arrange for notification by letter from the Regional Municipality of Waterloo to the City's General Manager of Planning and Development that all Regional requirements with respect to the zone change application are satisfied. 3) The Owner acknowledges that in accordance with City Council's Policy 1-690, Condition 2 hereof is required to be satisfied no later than seven (7) months from the day of Council having approved by resolution the amending Zoning By-law relative to Zone Change Application 93/14/P/ZJ. In the event these requirements are not fulfilled within the seven 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. That Planning and Development Staff Report PD 97/75 (History of Zoning and Official Plan Designations of the L. Anton property, Forwell Road) be received as information at this time and that further consideration of the matter not take place until such time as additional information is provided by Mr. Samuel Head or Mrs. L. Anton, property owner. That if City Council supports the request of Immaculate Heart of Mary School for temporary occupancy, their approval be conditional upon the following: COUNCIL MINUTES AUGUST 18, 1997 - 390- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 7. Cont'd "That enforcement of the City's Zoning By-law be waived with respect to a private school at 155 Ahrens Street West and temporary occupancy be approved subject to the school vacating the location in the event the Zone Change Application is not approved in a form that will permit this use, and further, That in the event of failure to vacate, the City's Municipal By-law Enforcement Officer be directed to commence notice of action to remove the illegal use and that any work done to the premises be at the sole risk and responsibility of the owner in the event of losses are incurred as a result of final disposition of this application." (Dealt with under delegations and Carried.) That the City accepts, and the Mayor and Clerk be authorized to execute a Lease Agreement with Canadian Automotive Training Institute Inc. with respect to lands composed of Part of Part 1 on Reference Plan 58R-5359, having a frontage of about 22 feet and an area of about 0.08 acres on Shoemaker Street for rent at the rate of $1 O/month/parking spot. That the City accept, and the Mayor and Clerk execute an Offer to Purchase submitted by Whitney & Company Realty Limited, In Trust, with respect to land in Phase 1 of the Lancaster Corporate Centre and being composed of the most westerly 1.5 acres of Parts 10, 11, and 12 on Reference Plan 58R-(yet to be registered), having a frontage of about 65 metres at a total purchase price of approximately $224,586 based on a price of $175,000 per acre for 1.233 acres of land with no restrictions (Parts 3 and 21) and $33,000.00 per acre for .267 acres which is restricted by regulations (Part of Part 20), and further, That the Offer to Purchase is conditional for 60 days upon the purchaser being satisfied with development potential of the property including soil tests, and further, That the Mayor and Clerk are hereby authorized to execute any other necessary documentation required by the City Solicitor. 10. That Council receive Staff Report PD 97/73 addressing the implications of the addition to the Korova Cafe on the Victoria Park Area Heritage Conservation District Plan for information, and further, That the clear understanding relating to the proposed addition, being a portable, is that the addition is a temporary installation which is to be removed from the site at the conclusion of the student job program (approx. 8-16 months) or if the site is used for a different use other than the current use. Alternatively, at the end of the student job program, if another group requests use of the portable at this location, then the request must be the subject of a formal "alteration application" for an addition to the site submitted to Heritage Kitchener for consideration and recommendation to City Council. 11. That the Fire Department continue with its current program of identifying and inspecting duplex dwellings and that a formal registration process for such dwellings not be pursued at this time. 12. That Councillor Karen Taylor-Harrison be appointed as Co-Chair of the Safe City Committee to replace Councillor Karen Redman. COUNCIL MINUTES AUGUST 18, 1997 - 391- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 13. That Council permit on an annual basis, a 16 day A4rame sign related to a Community BBQ for the Forestview Bible Church at 295 Highview Drive, subject to the obtaining of the necessary sign permit in accordance with the setback and other regulations governing A-frame signs. 14. That we approve the following with regard to the Final Report of Team Kitchener entitled "A Strategy for Economic Growth", dated August 18, 1997: the Downtown Development Team shall continue its role and structure until final recommendations about its future are made within the Team Kitchener Implementation Plan report; the establishment of a subcommittee of Team Kitchener, together with the Chief Administrative Officer and the Administrative Director of Team Kitchener, including any internal departmental team group as required by the Chief Administrative Officer; and, · the tabling of the Final Report of Team Kitchener for detailed consideration at a future meeting of the Planning and Economic Development Committee in Autumn 1997. COMMUNITY SERVICES COMMITTEE - That the City of Kitchener supports the bid to bring the 1997/98 Ontario Hockey League All-Star game and related activity to the City of Kitchener, and further, That, should the City be awarded the event, a $3,500.00 grant be allotted to the local committee to host 3 media receptions and provide local transportation via Kitchener Transit. That we support the Kitchener Rangers Hockey Club proposal for an addition to the Kitchener Memorial Auditorium Complex, as presented by Schiedel Construction, subject to further design input from both the Hockey Club and the City, and further, That the Kitchener Rangers Hockey Club pay all costs associated with construction and furnishing of the new addition, and further, That the City provide a $200,00.00 interest free loan from the Community Loan account, repayable over no more than 5 years at the greater of $40,000.00 per year of 50% of the Club's profit per year, and further, That the Mayor and Clerk be authorized to sign an agreement to be developed by the Legal Department confirming ownership of the building by the City and outlining general financial and operational issues. That the City of Kitchener supports the bid to bring the Ontario Track and Field Association Championships to the City of Kitchener in 1998 and 1999, and further, That, if the events are awarded to the local committee, an annual $1,000.00 grant be awarded each year to facilitate the hosting of both of the event receptions for the Juvenile/Senior meet (July 24 - 26, 1998 and July 23 -25, 1999) and Bantam/Midget/Junior meet (July 31 - August 2, 1998 and July 30 - August 1, 1999). That the Mayor and Clerk be authorized to sign the "Standard Crossing Agreement" with C.N. Rail regarding the Ironhorse Trail crossing, at Mile 1.21, Huron Park Spur, subject to the City Solicitor being satisfied as to C.N.'s standard indemnity form referred to in section 1 of the agreement. That the Kitchener Fire Department be permitted to prepare specification and re-tender for the replacement of their present aerial ladder platform. COMMUNITY SERVICES COMMITTEE - (CONT'D) COUNCIL MINUTES AUGUST 18, 1997 - 392- CITY OF KITCHENER COUNCIL MINUTES AUGUST 18, 1997 - 392- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That the Cemeteries Division be permitted to proceed with the Pre-need Marketing Programs, as considered by the Community Services Committee on August 11, 1997. That the Mayor and Clerk be authorized to enter into a 5 year agreement with Neon Sign Products on the outright purchase option of the outdoor full colour Daktronic Message Centre, and further, That the sign be located on City owned property at the corner of Ottawa Street and the Conestoga Parkway, and further, That the arrangement guarantee an overall revenue benefit to the City, including capital repayment, over the term of the agreement, and further, That the final agreement be subject to approval by the Committee of Adjustment, Ministry of Transportation and Region of Waterloo. That we approve, in principle, of hiring a facility consultant to undertake a Master Site Plan review of the Kitchener Memorial Auditorium Complex, to be funded from the K.M.A. Complex current, general, capital account, and further, That final approval be required, subject to Calls for Expressions of Interest, per City Purchasing By-laws. That we approve the request of Korova House for an in-kind grant in the amount of $1,069.00 to assist with the Youth Festival, in Victoria Park, on August 23, 1997. FINANCE AND ADMINISTRATION COMMITTEE - That consideration of the golf ball damage claim of Ms. Carolyn Keating be deferred and referred to a Council caucus meeting on September 8, 1997 to allow for staff discussion with the City's insurer and a report as to the impact of favourably considering this and other claims for damage related to City-owned property. (As Amended) That the criteria for eligibility with respect to loans under the Community Assistance Loan Plan be adopted as outlined in Appendix A of the report of B. MacDonald dated August 8, 1997; and further, That any special arrangements with respect to access to the Plan by Neighbourhood Associations, or credit for the sale or replacement of assets purchased under the Plan, be dealt with through the loan agreement. That a loan in the amount of $4,000.00 under the Community Assistance Loan Plan be provided to the Mount Hope-Breithaupt Park Neighbourhood Association for the purchase of projection equipment; and further, That the loan be repaid in three instalments commencing July 1, 1998. That subject to meeting all Licensing requirements, and obtaining the owner's permission, Chris Wynes, Jungle Fries, be granted permission to relocate his chip wagon from the present King Street location to the Hogg Fuel depot on the corner of Strasburg Road and Battler Road, and in this regard a temporary, one year licence be granted and enforcement of the Zoning By-law waived for the one year period; and further, That the applicant is advised that should he receive permission to continue to operate at the above location beyond the one year term, the owner of the subject lands will be required to submit an application to have said lands appropriately zoned. COUNCIL MINUTES AUGUST 18, 1997 - 393- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) That when the Finance and Administration Committee considers the enacting of new body rub parlour by-laws on September 8, 1997 they will only consider an erotic\sexual body rub parlour by- law and not a non-erotic\non-sexual body rub parlour by-law as previously recommended by staff. (Action deferred and referred to the September 8, 1997, Finance and Administration Committee meeting pending receipt of additional information from staff.) That staff submit, for consideration at the September 8, 1997 Finance and Administration Committee meeting, a comprehensive report with respect to Chapters 557 (Lunch Counter, Restaurant Refreshment Stand) and Chapter 586 (Refreshment Vehicles) of the City's Municipal Code, including the issues of separation distances, the amount of licencing fees and provision for set fines. That James Harrison be granted a 1997 licence for the operation of a Body Rub Parlour at 1167 King Street East, Kitchener, and that the Legal Department be instructed to prepare the necessary amendment to Chapter 560 (Massagists and Body Rub Parlours) of the City of Kitchener Municipal Code; and, That the Legal Department be instructed to prepare an amendment to By-law 97-47 to change "1 .Section 530.3.3 of Chapter 560" to read "1 .Section 560.3.3 of Chapter 560"; and further, That the Legal Department also be instructed to prepare an amendment to By-law 97-110 to change the last line of #1. from "Subsection (I)" to "Subsection (i)". WHEREAS municipalities remain targets for claims for liability due to their perceived "deep pockets", as well as joint and several liability; NOW THEREFORE, BE IT RESOLVED that the Council of the Corporation of the City of Kitchener urges the Province of Ontario, during its current review of the Municipal Act, to provide further relief from liability to municipalities by granting reasonable statutory protection in the areas of building inspection and occupiers liability; AND FURTHER, that municipalities be relieved from joint liability, leaving them with several liability only; AND FURTHER, that this resolution be forwarded to the Association of Municipalities of Ontario, the Minister of Municipal Affairs and Housing, and local M.P.P.'s. That the presentation on the 1998 Pro Forma Budget be deferred and referred to the September 8, 1997 meeting of the Finance and Administration Committee and be listed as the first item of discussion following delegations. HERITAGE KITCHENER That Heritage Kitchener endorses the Wyldwood Heritage Impact Assessment final report prepared for Monarch Construction's Wyldwoods neighbourhood, including amendments to the Implementation section as appended to correspondence with Glenn Scheels, Green, Scheels Pidgeon, Planning Consultants, dated June 24, 1997 and presented to Heritage Kitchener on July 4, 1997. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That parking be prohibited anytime on the north/east side of Overlea Drive (inner circle) from a point 51.0 m south of Lombardy Court to a point 98.0 m south/east thereof, and further, That the Uniform Traffic By-law be amended accordingly. AUGUST 18, 1997 COUNCIL MINUTES -394- CITY OF KITCHENER COUNCIL MINUTES AUGUST 18, 1997 - 394- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) That the City of Kitchener 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 all underground services and related work for the extension of Eastforest Trail within the intersection of Highland Road and Westheights Drive (north intersection) from August 20, 1997 through August 29, 1997. (Recommendation redundant and Withdrawn.) That a School Bus Loading Zone be established on Wilson Avenue from a point 65 metres west of Franklin Street to a point 13 metres further west to accommodate one full size school bus, and further, That the Uniform Traffic By-law be amended accordingly. That the City of Kitchener provide funding in the amount of $19,200.00 to complete the installation of traffic control signals at the intersection of Westmount Road and Block Line Road/Highbrook Street, such installation to be completed in September 1997, and further, That the Regional Municipality of Waterloo reimburse the City of Kitchener the full sum on receipt of payment from the developer, Max Becker Enterprises. That a Pedestrian Refuge Island be installed in the School Crossing on Block Line Road at Country Hill Drive, and further, That a 1.5 metre (5 foot) bicycle lane be provided on both sides of Block Line Road in its entire length, and further, That left turn lanes be provided at each intersecting street along Block Line Road, and further, That through the above measures, the travel lanes be reduced to a single lane for each direction. That the City of Kitchener and its Contractor(s) be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code, Article 6 (Construction Work), between 6:00 p.m. and 9:00 p.m. daily, from August 12, 1997 to October 31, 1997 in regard to the completion of work on King Street East from Cedar Street to Madison Avenue. That the consulting firm of Totten, Sims, Hubicki be retained to undertake additional engineering design and construction supervision on the Voisin Greenway at an upset cost of $38,750.00, and further, That these costs be allocated to the Voisin Greenway project within the allocation previously approved by Council for this project. That additional expenditures required for unforseen road base reconstruction, as well as watermain replacement, on Wellington Street from Margaret Avenue to St. Leger Street, be appropriated as follows: $125,000.00 from the Water Utility ($80,000.00 from Index 871681 Uncommitted Watermains, and $45,000.00 from Index 872127 - Replacement Watermains), and a further $50,000.00 from future Capital Surplus. That the Mayor and Clerk be authorized to execute the Community Transportation Action Plan (CTAP) Agreement between the Province of Ontario and the City of Kitchener, dated May 1, 1997, and further, That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor between the Corporation and TechKnowledge Consulting to undertake consulting services regarding the Community Transportation Action Plan. COUNCIL MINUTES AUGUST 18, 1997 - 395- CITY OF KITCHENER COUNCIL MINUTES AUGUST 18, 1997 - 395- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) 10. That, effective July 1, 1997, the modified natural gas rates, as presented to the Public Works and Transportation Committee on August 11, 1997, be implemented. 11. That the City purchase 68,000 kraft paper bags, with 47,000 City households to be supplied with one sample bag each, and 21,000 bags to be used in various promotional activities, and further, That the supply of additional bags occur through the private retail sector, and further, That City staff prepare and circulate a flyer in which all residents are encouraged to compost or mulch their leaves. 12. That the City of Kitchener take no action to implement a City of Waterloo type collection of yard waste. COUNCIL MINUTES AUGUST 18, 1997 - 396 - 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 It was agreed that the staff recommendation with regard to an Ice Cream Vehicle Driver's Licence application from Richard Alan Evans be revised from no action to approval of the licence. It was resolved: "That Ms. Melissa MacDonald be granted a Massagist licence for the year 1997." - and - "That Ms. Jean Elizabeth Kip be granted a Massagist licence for the year 1997." - and - "That Ms. Nikki Natasha Bott be granted a Massagist licence for the year 1997." - and - "That Ms. Teri Lin Tobin be granted a Massagist licence for the year 1997, and further, That Ms. Angela Deane be granted a Massagist licence for the year 1997." - and - "That the City of Kitchener refund a portion of the licence fee for Lottery Licence #M428835 in the amount of $216.00 to Community Justice Initiatives of Waterloo Region, 39 Stirling Avenue North, Kitchener, N2H 3G4, since 8 boxes of Break-Open Tickets were unsold and returned to the manufacturer." - and - "That the Kitchener Minor Hockey Association be granted permission to operate a refreshment stand, in front of Zehrs, Hiway Centre, 1375 Weber Street East, Kitchener, on the following dates: August 22-24, 1997, inclusive; September 19-21, 1997, inclusive, & September 26-28, 1997, inclusive, provided that the necessary Licence and Health and Fire approvals are obtained and that the fee be waived from $20.00 to $1.00." - and - "That Our Lady of Fatima Parish, 300 Simeon Street, Kitchener, N2H 1T5, be granted permission to operate a Refreshment Stand, at the Kitchener Portuguese Club, 1548 Westmount Road, Kitchener, from August 30-31, 1997, inclusive, provided that the necessary Licence and Health and Fire approvals are obtained, and further, COUNCIL MINUTES AUGUST 18, 1997 - 397 - 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 Our Lady of Fatima Parish obtaining a liquor licence for their Annual Festival on August 30-31, 1997, inclusive." - and - "That the Victoria Park Neighbourhood Association, Victoria School Centre, Kitchener, be granted permission to act as a Street Vendor in Victoria Park during their annual Cinema Under The Stars on August 6, 13, 20 & 27, 1997, provided that the necessary Licence and Health and Zoning approvals are obtained." - and - "That the City of Kitchener has no objection to a Lottery Licence being issued to the Kitchener-Waterloo Gymnastics Club to conduct a Raffle Lottery at their office on 805 Victoria Street South, Kitchener, N2M 5N9, on December 13, 1997." - and - "That Ice Cream Vehicle Driver's License applications be approved for the following individuals: Micheal Don MacDonald (August 1, 1997) Jerry Sylvester (July 29, 1997) Bruce Roderick Kennedy (July 14, 1997) Richard Alan Evans (August 6, 1997)." - and - "That no action be taken with regard to an Ice Cream Vehicle Driver's License application from Jeffery M. Schnarr (July 18, 1997)." Councillor Jake Smola noted that the Committee was in receipt of a report from the Manager of Licensing advising that following Massagist Licence approvals considered this date, 73 applications have been approved in 1997. 2. Banner Request It was resolved: "That in conjunction with "The Dionysia" Food & Wine Festival to be held by the Greek Cypriot Community of the Region of Waterloo at Moses Springer Arena, Waterloo, on September 14, 1997, we grant permission for the erection of a banner on King Street at Rockway Gardens from Monday, August 18, 1997 to Sunday, September 7, 1997 inclusive, and further, That arrangements be made with the City's Contractor for erection of the banner and the payment of any costs by the organization associated therewith." 3. Execution of Enqineerinq Aqreements It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Paragon COUNCIL MINUTES AUGUST 18, 1997 - 398- CITY OF KITCHENER COUNCIL MINUTES AUGUST 18, 1997 - 398- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES AUGUST 18, 1997 - 398 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 3. Execution of Enqineerinq Aqreements (Cont'd) Engineering Limited, regarding Bridgeport North Community, Sanitary Sewer Facility Schedule 'B' Class Environmental Assessment." - and - "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and KMK Consultants Limited, regarding Wyldwoods 'B', Stage 2 Draft Plan of Subdivision 30T- 90029." 4. Taq Day It was resolved: "That the City of Kitchener approves #94 Royal Canadian Sea Cadet Corps WARSPITE, Kitchener-Waterloo Branch, conducting a Tag Day in Kitchener at various locations, including the Kitchener Farmers' Market, on Saturday, October 11, 1997." 5. Encroachment Aqreements - VICTORIA PARK WARD it was resolved: "That, subject to Regional approval, the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner(s) of the property known as 343 King Street East and the owner of Dino's Pizza, to permit the construction and maintenance of two exhaust ducts which will extend 16", more or less, into the Cedar Street South road allowance at least 8' above grade." - and - "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner of part of Lots 1, 2, 3 and 4 according to Registered Plan 398, known as 221 Queen Street South, to legalize an existing concrete wall as it encroaches 2 1/2", more or less, into the Clemens Lane road allowance." 6. Request for Exemption to City's Noise By-law - CENTRE WARD Councillor B. Vrbanovic was advised that the noise exemption request was for the hours 7:00 p.m. to 9:00 p.m. during the initial stages of construction of a Skatepark at the Kitchener Memorial Auditorium Complex. It was resolved: "That the City of Kitchener and its Contractor(s) be exempt from the provisions of Chapter 450 (Noise), Article 6-Construction Work, of the City of Kitchener Municipal Code, during the construction of the Skatepark at the site of the Kitchener Memorial Auditorium AUGUST 18, 1997 COUNCIL MINUTES - 399- CITY OF KITCHENER COUNCIL MINUTES AUGUST 18, 1997 - 399- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Complex from August 19, 1997 through to October 31, 1997." Maple Street Yards It was resolved: "That an annual operation savings estimated at $397,395 be achieved by initiating immediate action to close the Maple Street Yards and to transfer the various operations to the following locations: COUNCIL MINUTES AUGUST 18, 1997 - 399 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 7. Maple Street Yards (Cont'd) Fleet Office Staff: - to the second floor of City Hall in space formerly occupied by GIS. Facilities Manaqement Office and Carpentry Staff: - to vacant space at Elmsdale Utility Centre. Si,qn Shop & Traffic Operations - to vacant space at the Bramm Street Yards. Fleet - to vacant space and an approximate 58'x57' addition at the Transit Centre." - and - "That the Maple Street Yards be mothballed for one year. At that time, the decision should be revisited following which the facility could continue to be mothballed, leased or sold at market value. Should the facility be sold or leased, the funds received be placed in a reserve fund to finance improvements to the Bramm Street Yards which are anticipated within 5 years." - and - "That in the interim, we continue to allow the Region of Waterloo the use of the fuelling system on site at the Maple Street Yards." - and - "That the existing salt dome at the Maple Street Yards continue to be used by the Public Works Department until the matter is further addressed in the Capital Budget ($45,000 are already in the budget for this purpose)." - and - "That the "Boehmer Building" on the Bramm Street Yards Site be utilized only for storage purposes due to its termite infestation and resultant structural deterioration. It is understood that this building may only be safe for another 2 to 5 years and that capital funds will be required at that time to provide a replacement; Further, that the existing tool crib contained therein be moved to a location adjacent to the present stores operation and staffed by existing stores personnel; and COUNCIL MINUTES AUGUST 18, 1997 - 400- CITY OF KITCHENER COUNCIL MINUTES AUGUST 18, 1997 - 400- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Further, that the responsibility for the Sani Can operation be transferred from the Boehmer Building to Sign Shop staff within their renovated Bramm Street space." - and - "That in order to expedite the closure process, we waive the usual consultant selection process and utilize the City's existing consultant services contract for this purpose." - and - "That to effect this closure, we approve the funding requirements relative to the various components currently located at the Maple Street Yards as addressed in the information supplied by Rosemary Upfold, Director, Accounting Division, Department of Finance." COUNCIL MINUTES AUGUST 18, 1997 - 400 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 8. City Repurchase of Industrial Land - SOUTH WARD Councillor J. Ziegler commented that Council never anticipated the reduction in the selling price of industrial land that has taken place and suggested that staff consider a modification to the City's policy to address this issue. It was his view that in no case, in future, should the City repay more than the current market value of the land under the 80% repayment criteria. It was resolved: "That the second part of item #2 of the Planning and Economic Development Report adopted by Council on July 7, 1997 be amended by deleting the names 'Matt Strgar and Mario Tomac' and substituting therefor 'S. T. Development Corporation' so that the recommendation now reads as follows: 'That the City repurchase at 80% of the original purchase price, being $110,200.00, from S.T. Development Corporation, Site 109 comprised of 1.16 acres and being composed of Part 4 on Reference Plan 58R- 5840, which was originally purchased at $95,000.00 per acre in 1989."' - and - "That the City's policy in respect to repurchase of industrial land be referred to Messrs. J. Gazzola and J. Shivas to review wording of the clause relating to repurchase at 80% of the original purchase price so as to avoid the possibility of land being repurchased at more than the current selling price." 9. Tenders The tenders were dealt with under delegations. 10. Variances to Municipal Code, Chapter 630 (Fence) - BRIDGEPORT NORTH WARD AUGUST 18, 1997 COUNCIL MINUTES - 401- CITY OF KITCHENER COUNCIL MINUTES AUGUST 18, 1997 - 401- CITY OF KITCHENER 11. REPORTS ADOPTED BY COUNCIL Submission No. F 5/97 - Cindy & Tim Kerr, was dealt with under delegations. It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of July 15, 1997, recommending approval of Submission No.'s F 4/97 - Jeff & Betty-Ann Flanagan & F 6/97 - Keith Plater - Be Ratified & Confirmed." Variances to Municipal Code, Chapter 680 (Si.qn) - VICTORIA PARK, SOUTH AND WEST WARDS It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of July 15, 1997, recommending approval of Submission No.'s S 4/97 - Avila Investments Ltd., S 5/97 - Shell Canada Limited & S 6/97 - City of Kitchener - Be Ratified and Confirmed." 12. Request for Neiqhbourhood Garaqe Sale It was resolved: "That due to the uniqueness of the Mount Hope-Breithaupt Park Neighbourhood Association, their members from Waterloo be granted permission to participate in the Neighbourhood Garage Sale to be held at Breithaupt Centre on September 20, 1997." COUNCIL MINUTES AUGUST 18, 1997 - 401 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 13. Transit Aqreement Between Cities of Waterloo and Kitchener Councillor G. Lorentz questioned why it took so long to conclude an agreement. Mr. J. Gazzola advised that the agreement was agreed upon in principle in mid-February and noted that it was a substantial legal document requiring detailed consideration by representatives of the Twin Cities. Mr. J. Shivas advised that the document did require considerable discussion and finalization was impacted by annual holidays and staff turnover but that nothing of substance had changed within the document that Council previously approved in principle. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement, dated July 3, 1997, between the Cities of Waterloo and Kitchener for the provision of transit services by Kitchener Transit to the City of Waterloo for a term of five years commencing January 1, 1997." 14. License Request It was resolved: "That the City of Kitchener has no objection to the Kitchener Oktoberfest Lions Club applying for a liquor licence for their tent located at Pioneer SportsWorld, in conjunction with K-W Oktoberfest which has been designated a 'Community Festival' in the City of AUGUST 18, 1997 COUNCIL MINUTES - 40~- CITY OF KITCHENER COUNCIL MINUTES AUGUST 18, 1997 - 40~- CITY OF KITCHENER 15. REPORTS ADOPTED BY COUNCIL Kitchener." Applications for Cancellation, Refund, Reduction or Levy of Taxes - Auqust 18, 1997 Hearinq It was resolved: "That the applications attached hereto and forming part of these minutes relative to cancellation, reduction, refund or levy of taxes be disposed of as recommended therein." 16. Consultant Aqreement re: Community Transportation Action Plan The Committee was in receipt of a report dated August 18, 1997 from Ms. L. Pasternak, Associate Solicitor, which noted that Clause #9 of the Public Works and Transportation Committee report of this date dealt with the execution of a Community Transportation Action Plan Agreement and the need to enter into and execute an additional Agreement for Consulting Services regarding the Plan. The draft Consultant Agreement was attached for the Committee's consideration. It was resolved: "That we accept the form of the Consultant Agreement with Charles Fitzsimmons c.o.b. TechKnowledge Consulting referred to in Clause #9 of the Public Works and Transportation Committee report of this date."