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HomeMy WebLinkAboutCouncil Minutes - 1997-09-15COUNCIL\1997-09-15 SEPTEMBER 15, 1997 COUNCIL MINUTES CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by Ms. Maryan Mahler. Councillor G. Lorentz thanked Ms. Mahler for her rendition of the National Anthem. On motion by Councillor John Smola, the minutes of the regular meeting held on August 18, 1997, and special meetings held on August 18, 1997 and September 8, 1997, as mailed to the members, were accepted. COMMUNICATIONS - N I L Mayor R. Christy advised that members of Team Kitchener were in attendance to receive a presentation as a Thank You from the City for the hard work they did in a short period of time on behalf of the City. Mayor Christy then presented a commemorative framed print to the members of Team Kitchener, the majority of whom were in attendance this date acknowledging their contribution: Douglas Brock, Chair James P. Hailer Frederick W. Hartstock Wayne Hussey Michael Johnston Linda Kieswetter Joan Sanger City Staff Carla Ladd -Administrative Director Larry Masseo - Research Officer Sydney Hucul - Administrative Assistant Awards of Merit and Certificates of Service were presented to individuals who have served on special Committees, Boards and Commissions under the jurisdiction of City Council. On behalf of Council, Mayor R. Christy and Councillors K. Taylor-Harrison, M. Yantzi, M. Wagner, B. Vrbanovic and T. Galloway, thanked the recipients for their contributions and presented Awards of Merit and Certificates of Service to the following, the majority of whom were in attendance this date: Awards of Merit David Freure J. Ronald McGill Susan Burke Certificates of Service Georgina Green Kim Cowan Randy Jackson Michael Lannan Mary E. Chevreau Phil Olinski Stuart Scadron-Wattles Wilfred Park Manuela Almeida Gregory Jahn Brian Hunsberger Karen Simoneau Lorna Van Mossel Andre Rajna Lorna Ferguson rych mills Marianne Wasilka Carmen Austin Lynn Becker Martin DeGroot Elizabeth Esenbergs Willi Ristau Deborah Westman Gillian McKenzie Rajiv Anjaria Jane Musoke Dennis Hilker Matt Barker Shannon McCarthy Upon receiving his certificate, Mr. rych mills advised that the City was presented with a copy of the book which he and the Victoria Park 100th Birthday Historical Committee had produced to recognize 100 years of the Park and Its People. SEPTEMBER 15, 1997 COUNCIL MINUTES - 475- CITY OF KITCI:IENER 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, as well as to request consideration of Tender T97-100 for Cameron Street Reconstruction. Councillor Jake Smola referred to Tender T97-99 dealing with the refurbishing of transit coaches and questioned if it was possible for the Fleet Division to bid on such work in future. Mr. R.W. Pritchard commented that such suggestion was new and had never been discussed with Council in the past. Mr. E. Kovacs commented that there was an example of such activity wherein City staff had bid with respect to concrete work at the Centre In The Square. Councillor M. Wagner questioned what steps were taken to ensure that the one price received for the work was a fair price and Mr. L. Gordon advised that staff had obtained estimates of the work and that the bid was within the estimated range. As well, he commented that most contractors currently have a backlog and that accounted for the lack of interest in this tender. It is imperative that this work be completed by December 31, 1997 for subsidy purposes. Councillor J. Ziegler questioned Tender T97-89 and was advised that Kieswetter Demolition, though submitting Iow bid had submitted a qualified bid that related to demolition of the building only and did not address other aspects of the tender. Councillor G. Lorentz questioned who had liability for the site after the building was demolished and Mr. J. Shivas advised that once the building was taken down that would be end of the City's liability. As well, he noted that a lien would be placed on the land so as to recover these demolition costs. Mr. L. Gordon pointed out that the contract was for demolition of the building and removal of hazardous material. He made it clear that the demolition did not relate to the entire building. Councillor T. Galloway expressed concern that only two bids were received for Tender T 97-70 for one triple combination pumper. He questioned if it was possible that City specifications were so tight that there was no opportunity for potential bidders to meet the specifications. Mr. L. Gordon advised that the Fire Department and Purchasing staff had identified 24 potential bidders for the equipment; however, the large majority were located in the United States. He also noted that from past experience, it would appear there were only four potential bidders in Canada and it was his view that the specifications in this equipment were not too tight to discourage bidders. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That tender T97-70, One Triple Combination Pumper, be awarded to Superior Emergency Vehicles Ltd., Red Deer, Alberta at their tendered price of $508,038., plus G.S.T., subject to a successful pre-bid meeting being held with the manufacturer." -and- "That tender T97-99, Refurbishing of Transit Coaches, be awarded to National Refurbishing Inc., Concord, Ontario at their tendered price of $92,077.44, plus G.S.T. and P.S.T." -and- "That tender T97-89, Demolition of Property - 231 Madison Avenue South, Kitchener (Former Lang's Tannery), be awarded to Philip Services Corporation, Etobicoke, Ontario at their tendered price of $239,114., plus G.S.T." -and- "That Expression of Interest E97-101, Consultant Services - Natural Gas - Direct Purchase Administration and Consulting, be awarded to ECNG Inc., Oakville, Ontario at an upset fee of $300,000., including G.S.T., subject to a satisfactory agreement being negotiated." -and- "That tender T97-100, Cameron Street Reconstruction, be awarded to 410754 Ontario Limited - o/a Sousa Concrete, Branchton, Ontario at their adjusted tender price of $546,191.57, including G.S.T." Carried. Councillor John Smola enquired if there was a City policy regarding tendering for private jobs or for the contracts of other municipalities. Mr. J. Gazzola responded that staff could consider the matter and report back. He did comment that a number of years ago, the City did refurbish its own transit coaches but at SEPTEMBER 15, 1997 COUNCIL MINUTES - 476- CITY OF KITCI:IENER that time the City had more maintenance staff on hand and was thus able to accommodate the work. Mr. Michael Carty, Chair, Arts & Culture Advisory Committee, appeared as a delegation to provide Council with a status report on the CulturePlan recommendations. He noted that 24 recommendations were made in the summer of 1996 and Council subsequently adopted a vision. He noted that the festivals had met with great success and commented that the Advisory Committee would only approach Council once a business case had been developed respecting specific undertakings. He commented that a great deal has been accomplished at very little cost to the municipality. Following his presentation numerous festival and arts personnel commented on the programs and successes that had been achieved in a very short period of time. An invitation was extended to Councillors to attend Arts Works being held September 20 and 21, 1997. Also an invitation was extended to citizens and artists to attend the CulturePlan review being held on Thursday, October 9, at the Walper Hotel. Mr. Richard Payette appeared as a delegation with regard to clause 4 of the Planning and Economic Development Committee report dealing with the Hidden Valley Residential Community Plan and a possible second means of access. Correspondence from Mr. Payette dated September 11, 1997 was attached to the agenda. His presentation dealt with his objection to the request by Vace Investments for a road link from Hidden Valley Road to Fairway Road and the impracticality of such connection given the negative impact that it would have on the operations of Fairway Road. He further noted that the road was intended to run through Metz Park and would virtually destroy the park and the trees which he stated had been planted as a memorial for former employees of the K-W Record. Finally, he questioned when Vace Investments was going to cease making requests to revise the subdivision agreement. In response to Councillor J. Ziegler, Mr. Payette expressed concern for the outcome of any traffic impact study that was contracted for by Vace Investments. Councillor J. Ziegler requested that Planning staff provide Mr. Payette with a copy of the traffic study when finished. Councillor Jake Smola questioned if this matter was one which will be addressed within the Region's Master Transportation Plan and Councillor C. Weylie noted that meetings were being held in this regard at 7 p.m. on Tuesday, September 23 in Cambridge and on Wednesday, September 24 in Waterloo. In regard to the tree planting referred to by Mr. Payette, Mr. T. Clancy advised that City staff were not aware of any trees being placed in Metz Park on behalf of former K-W Record employees. He summarized the history of ownership of the land parcel and stated it was his understanding that Parks & Recreation had planted trees on the site and named the park after the Metz family. Ms. Doreen Townsend appeared as a delegation and advised that she was in concurrence with the remarks made by Mr. Payette. She also expressed concern with the factual quality of the study being requested and also questioned the fact that the proposed second means of access involved a level railway crossing. She commented that railway authorities were previously opposed to any level crossing and suggested that before any money was spent addressing the developers request, that it be determined if the railway still objects to a level crossing. Moved by Councillor M. Yantzi Seconded by Councillor C. Weylie "That clause 4 of the report of the Planning and Economic Development Committee of Council of this date be adopted." Councillor J. Ziegler advised that he wished to delete reference to the word "scoped" within the resolution and add a further sentence requiring that the revised Traffic Impact Study address the needs of the broader community who use Fairway Road. Further, he commented that at the Committee meeting there was discussion of cost-sharing arrangements for the road and in this regard, he suggested Vace Investment should pay for the road the City needs because they are requesting the City to bring the project forward. Further, he stated that the Region of Waterloo paid $2,000,000 to Vace Investments for lands for water recharge and questioned why payment was made in advance. The mover and seconder of clause 4 of the Planning and Economic Development Committee report accepted Councillor Ziegler's requested revisions as a friendly amendment and clause 4, as so amended, was put to a vote and Carried. Mr. Ray Brown who is ten years old appeared as a delegation to express a concern and present a petition objecting to the fact that existing playground equipment situate in Victoria Park is useful only for children under the age of eight and noted that his friends believe the area should have swings and slides installed SEPTEMBER 15, 1997 COUNCIL MINUTES - 477- CITY OF KITCHENER for children of his age and higher. Mayor R. Christy advised that the General Manager of Parks & Recreation would be provided with a copy of Mr. Brown's letter. Councillor M. Yantzi questioned if the children would meet with Parks staff to discuss their preferred playground equipment and Mr. Brown expressed the willingness to do so. Moved by Councillor M. Yantzi Seconded by Councillor C. Weylie "That the report of the Planning and Economic Development Committee of Council of this date be adopted." Voted on Clause by Clause. Clause#4- Dealt with under delegations and carried, as amended. Balance of Report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee of this date be adopted." 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 pointed out that clause 5 dealing with the purchase of 21 acres of land from the Waterloo County Board of Education referred to lands known as Southwest Optimist Park at the corner of Homer Watson Boulevard and Pioneer Park Drive. Councillor John Smola advised that he was opposed to clause 2 of the report reducing the number of body rub parlours from five to two through means of attrition. Councillor M. Wagner referred to the memorandum received from the Manager of Licensing, suggesting an addition to clause 2 and questioned if there was support for the request. Councillor J. Ziegler advised that he was opposed to the Manager of Licensing suggestion as it was his view the operator should have flexibility to seek their 1998 licences when they were ready to do so. Mr. J. Shivas commented that it was his interpretation that the intent of the Committee had been that Iocational issues be settled and approved by the last Council meeting in December in order to facilitate licence renewal for 1998. A motion by Councillor B. Vrbanovic, seconded by Councillor M. Wagner to amend clause #2 as requested by the Manager of Licensing regarding conformance to Iocational criteria with consideration by the Finance Advisory Committee on December 8, 1997 was carried. The report was then put to a vote. Voted on Clause by Clause. Clause #2 - A recorded vote was requested. In Favour: Councillors K. Taylor- Harrison, M. Wagner, M. Yantzi, B. Vrbanovic, J. Ziegler, T. Galloway, G. Lorentz and C. Weylie. Contra: Mayor R. Christy and Councillors Jake Smola and John Smola. Motion Carried. COUNCIL MINUTES SEPTEMBER 15, 1997 - 478- CITY OF KITCI:IENER 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. Councillor M. Yantzi referred to Planning and Development Staff Report PD97/92 dated September 11, 1997 distributed this date. The report deals with an Interim Control By-law respecting the matter of permanent charity gaming clubs. Councillor Yantzi commented that Council had previously considered this issue but delayed actions pending further information on the subject. Mayor R. Christy advised that the Honourable David Tsubouchi, Minister of Consumer & Commercial Relations will be meeting with him on October 7 to review the issue of permanent charity gaming clubs. Councillor T. Galloway pointed that the intent in passing an Interim Control By-law was to deal with a land use issue that allows the City sufficient time to undertake a study and establish criteria in respect to potential locations. He stated it was his expectation that the Minister would see this action as being appropriate from a Planning point-of- view. Mr. T. McCabe emphasized that after passing the by-law, Council had the flexibility to unfreeze a location if it was desirable. Councillor J. Ziegler stated that it was his hope the by-law was not going to be used to frustrate local attempts to establish a valid charity gaming club operation. Mr. T. McCabe responded that the by-law for interim control contained a maximum time limit of one year in which zoning must be put in place before the by-law lapsed. Councillor T. Galloway commented that it may be possible to speed the required study and noted that the by-law did not preclude Council from listening to any operator who might have been awarded a site by the Province. He did point out that several Councillors were concerned with possible locations particularly those in community shopping centres. Moved by Councillor M. Yantzi Seconded by Councillor T. Galloway "That City Council adopt the attached by-law, being an Interim Control By-law pursuant to the provisions of Section 38 of the Ontario Planning Act, to prohibit the use of any land, building, or structures within the limits of the City of Kitchener for a 'Charity Gaming Club', as described in the 'Request for Proposal - Charity Gaming Club Project' issued February 18, 1997 by the Gaming Control Commission of Ontario; and further, That the proposed by-law be added to the agenda for three readings this date." Carried. Councillor John Smola questioned when the sample paper bags for leaf collection purposes were being distributed to residential properties. Mr. E. Kovacs advised that media coverage was already arranged and could be launched this week. Mayor R. Christy questioned the durability of these paper bags during wet weather and Mr. Kovacs replied that they must be placed out at the time of collection. Councillor J. Ziegler advised that he had circulated a memorandum dated September 15, 1997 with recommendations for Council's consideration regarding the City's Job Evaluation System. The memorandum proposes three policy changes to the Job Evaluation System which he stated could be implemented immediately. Councillor B. Vrbanovic disclosed a pecuniary conflict of interest and abstained from all discussion as his wife is employed by the City of Kitchener. Mr. J. Gazzola stated that he welcomed the opportunity to review both the Job Evaluation System and Councillor Ziegler's suggestions, but requested that the administration have an opportunity to comment on the matter before Council makes a decision. Councillor J. Ziegler responded that the issues he was proposing be dealt with had been brought up in April and it was his wish these policies be in place to direct development of a new Job Evaluation System. Mr. J. Gazzola commented that all aspects of the Job Evaluation System should be reviewed in concert and no one particular area should be dealt with in SEPTEMBER 15, 1997 COUNCIL MINUTES - 479- CITY OF KITCI:IENER isolation. Moved by Councillor C. Weylie Seconded by Councillor Jake Smola "That consideration of the recommendations proposed in the September 15, 1997 memorandum from Councillor J. Ziegler regarding the Job Evaluation System, be deferred and referred to the September 22, 1997 meeting of the Finance and Administration Committee." Councillor Jake Smola requested Mr. J. Gazzola to re-circulate his April report on the Job Evaluation System to those members who did not have a copy. Councillor T. Galloway commented that if Councillor Ziegler's proposed recommendations were deferred this date, it would be in order to defer other items dealing with administrative re-organization listed on the Committee of the Whole agenda of this date. Council entered into a discussion of the merits of deferral and Councillor Weylie's motion to defer was then put to a vote and Lost on a tie vote. Councillor B. Vrbanovic previously disclosed a pecuniary conflict of interest and abstained from all discussion and voting as his wife is employed by the City of Kitchener. A motion by Councillor J. Ziegler, seconded by Councillor T. Galloway to deal with the recommendations regarding the Job Evaluation System contained in Councillor J. Ziegler's memorandum this date was put to a vote and Lost on a tie vote. Councillor B. Vrbanovic previously disclosed a pecuniary conflict of interest and abstained from all discussion and voting as his wife is employed by the City of Kitchener. Councillor Jake Smola requested that the Job Evaluation Report of Mr. J. Gazzola be re-circulated and put on the September 22 agenda of the Finance and Administration Committee along with the three recommendations contained in Councillor J. Ziegler's September 15, 1997 memorandum. Councillor J. Ziegler commented that staff could then address his request in terms of the three recommendations as to their effect on the Job Evaluation System. Councillor Jake Smola commented that Councillors at that time would have opportunity to make comment on the whole Job Evaluation System if they chose to do so. Councillor G. Lorentz advised that he had received a memorandum from Mr. D. Daly advising that Mr. Tom Clancy had received an Award of Recognition from the Ontario Parks Association for his leadership in rallying several municipalities to assist Goderich and Durham during the recent emergencies caused by storms and floods. Councillor Lorentz extended his personal congratulations to Mr. Clancy. NOTICE OF MOTION Councillor B. Vrbanovic advised that the Quebec Committee for Canada had submitted an open letter to all delegates attending the Association of Municipalities of Ontario annual meeting held in August, 1997. In this regard, he referred to a resolution that was provided with the submission dealing with the Province of Quebec remaining within Canada and gave Notice of Motion that he intended to introduce a slightly revised resolution in this regard for debate and consideration at the September 22, 1997 meeting of the Finance and Administration Committee. Councillor T. Galloway noted that the September 15 edition of The Record contained a three page section dealing with the official opening on Wednesday, September 17 of the Williamsburg Dedication Centre and Crematorium located at Williamsburg Cemetery. He commented that it was an impressive building designed to accommodate people of all faiths and it was likely this feature would make the cemeteries break-even financially in the future. Councillor C. Weylie commented on the community garden plot located on Mooregate Crescent adjacent to highrise developments. She stated that this initiative had been recognized by the Ministry of the Solicitor General and was the subject of a video outlining the success of this police/community development initiative. She expressed appreciation to all those involved in the success of this community outreach project. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the Departments of Planning and Development and Parks and Recreation, develop a policy requiring that a garden area be included in the site plan of high density residentially zoned areas." Carried. SEPTEMBER 15, 1997 COUNCIL MINUTES - 480- CITY OF KITCI:IENER Councillor M. Wagner pointed out that for some time now Pearson Airport has allowed secret flights and landings during previously restricted early morning hours and it was his view that the noise from these flights affects the City of Kitchener as well as residents of Mississauga. He questioned if this was a concern to other members of Council and the public and enquired as to whether Council wished to discuss the matter at a future meeting. Councillor Jake Smola commented that the overnight flights involved the Hamilton Airport as well as Pearson Airport. Councillor T. Galloway suggested Council may wish to discuss the matter further and consider forwarding a message to Transport Canada. Councillor C. Weylie referred to an ongoing request for sidewalk installation on Glasgow Street between Westwood Drive and Fischer-Hallman Road and noted that as a result of the development taking place at the intersection of Fischer-Hallman Road and Glasgow Streets, a section of sidewalk had been completed along the Glasgow Street frontage of that property. However, the sidewalk in question was several feet higher than the adjacent lands extending to Westwood Drive and she requested that staff investigate the situation in this regard. Council previously agreed by resolution to the addition of an Interim Control By-law for three readings this date addressing the matter of permanent charity gaming clubs. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Pieter Vos Ltd. - Pinnacle Drive - No. 93/14/P/ZJ (b) Being a by-law to provide for the establishing and laying out of part of Windrush Trail as a public highway in the City of Kitchener (c) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (d) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (e) Being a by-law to amend Chapter 560 of the City of Kitchener Municipal Code regarding Massagists and Body Rub Parlours (f) Being a by-law to amend By-law 97-110 which amends Chapter 560 of the City of Kitchener Municipal Code regarding Massagists and Body-Rub Parlours (Cont'd) (g) (h) (i) (J) (k) (I) (m) (n) Being a by-law to amend By-law 97-47 which amends Chapter 560 of the City of Kitchener Municipal Code regarding Massagists and Body- Rub Parlours Being a by-law to amend Chapter 560 of the City of Kitchener Municipal Code regarding Massagists and Body Rub Parlours Being a by-law to provide for Advance Votes to be held prior to Voting Day Being a by-law to provide for the establishing and laying out of part of Erinbrook Drive as a public highway in the City of Kitchener Being a by-law to amend various Chapters of the City of Kitchener Municipal Code Being a by-law to provide for the widening of part of Glasgow Street as a public highway in the City of Kitchener To confirm all actions and proceedings of the Council Being an Interim Control By-law - permanent Charity Gaming Clubs SEPTEMBER 15, 1997 COUNCIL MINUTES - 481- CITY OF KITCI:IENER 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 John Smola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. Moved by Councillor John Smola Seconded by Councillor G. Lorentz "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (Cont'd) (d) (e) (f) (g) (h) Carried. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Pieter Vos Ltd. - Pinnacle Drive - No. 93/14/P/ZJ (By-law No. 97-130) Being a by-law to provide for the establishing and laying out of part of Windrush Trail as a public highway in the City of Kitchener (By-law No. 97-131 ) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (By-law No. 97-132) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (By-law No. 97-133) Being a by-law to amend Chapter 560 of the City of Kitchener Municipal Code regarding Massagists and Body Rub Parlours (By-law No. 97-134) Being a by-law to amend By-law 97-110 which amends Chapter 560 of the City of Kitchener Municipal Code regarding Massagists and Body-Rub Parlours (By-law No. 97-135) Being a by-law to amend By-law 97-47 which amends Chapter 560 of the City of Kitchener Municipal Code regarding Massagists and Body- Rub Parlours (By-law No. 97-136) Being a by-law to amend Chapter 560 of the City of Kitchener Municipal Code regarding Massagists and Body Rub Parlours SEPTEMBER 15, 1997 COUNCIL MINUTES - 48~- CITY OF KITCI:IENER (i) (J) (k) (m) (n) (By-law No. 97-137) Being a by-law to provide for Advance Votes to be held prior to Voting Day (By-law No. 97-138) Being a by-law to provide for the establishing and laying out of part of Erinbrook Drive as a public highway in the City of Kitchener (By-law No. 97-139) Being a by-law to amend various Chapters of the City of Kitchener Municipal Code (By-law No. 97-140) Being a by-law to provide for the widening of part of Glasgow Street as a public highway in the City of Kitchener (By-law No. 97-141 ) To confirm all actions and proceedings of the Council Being an Interim Control By-law - permanent Charity Gaming Clubs (By-law No. 97-142) (By-law No. 97-143) 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 the Planning and Economic Development Committee permit, on an annual basis, a 30 day portable sign to be located at Doon Heritage Crossroads, RR#2 Kitchener, for the purpose of advertising for a fundraiser for the Kitchener-Waterloo and North Waterloo Humane Society, subject to the obtaining of the necessary sign permit in accordance with the setback and other regulations governing portable signs. That Kitchener Council support an extension to December 1, 1997 in order to fulfil the conditions of approval for Zone Change Application 94/06/K/CL (Dr. V.B. Rao), 890 King Street West. That the Improvement Idea to create one central, highly accessible Business Approvals and Assistance Centre at the Ground Floor of Kitchener City Hall, as outlined in Chapter 3 of the attached CIP Team Report entitled "Enterprise 21 -Fast Trackinq to the Future", be endorsed and staff be instructed to develop an implementation and cost plan by October 31, 1997 for Council's approval based on a target implementation date of April 1, 1998. 2) That all remaining Improvement Ideas, as outlined in Chapters 4 to 11 of the attached CIP Team Report entitled "Enterprise 21 -Fast Trackinq to the Future", be endorsed and Staff are instructed to proceed with implementation. 3) That the CIP Team Report and Council's recommendations be provided to the Team Kitchener Sub Committee for its information, review and comments. That no action be taken at this time on the recommendations contained in Planning and Development Staff Report PD 97/80 (Revisions to Hidden Valley Residential Community Plan, proposed second means of access to Hidden Valley, proposed Wabanaki Drive Extension) until a revised Traffic Impact Study has been submitted by the proponent, addressing the impact on the operations of Fairway Road resulting from both automobile and heavy truck traffic utilizing a proposed new road connecting Fairway Road and Hidden Valley Road; and further, That this revised Traffic Impact Study address the needs of the broader community who use Fairway Road. (Dealt with under Delegations and Carried, as amended) COMMUNITY SERVICES COMMITTEE - That the City of Kitchener support the proposal to host the World Under 17 Hockey Championship at the Kitchener Memorial Auditorium Complex from December 29, 1997 to January 4, 1998, and further, That a $5,000.00 grant be allocated to the host committee for a gold level sponsorship for this event. That Ms. S. Sekoll be permitted to remove a 25 foot municipal Spruce tree adjacent to her residence at 142 Louisa Street. FINANCE AND ADMINISTRATION COMMITTEE - That consideration of a non-erotic\non-sexual body rub by-law be deferred for up to six months to allow a task force to be struck to further investigate this matter, and inquire into the recommendations of the task force recently appointed by the City of Toronto to deal with the licensing of alternative health disciplines; and further, That the above action is on the understanding that an erotic/sexual body rub parlour by-law will likely receive prior consideration, and in this regard the existing Chapter 560 (Massagists and Body Rub Parlours) of the Municipal Code which currently regulates some alternate health disciplines, will be repealed. FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) That the draft sexual/erotic body rub parlour by-law as appended to the report of J. Koppeser dated September 4, 1997 be adopted as amended to reflect a reduction through attrition in the number of parlours from five to two; and further, SEPTEMBER 15, 1997 COUNCIL MINUTES - 484- CITY OF KITCI:IENER COUNCIL MINUTES SEPTEMBER 15, 1997 - 484- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL That in order to obtain a 1998 licence, all five of the currently licensed body-rub parlours must conform to the following criteria, in addition to any other normal licensing requirements; a) the establishment shall be located on lands zoned C6; b) the establishment shall not be located within 100 meters of the premises of an existing school, including an institutional day-care facility; c) the establishment shall not be located within 100 meters of the premises of an existing religious institution; d) the lands upon which the establishment is located shall not face any part of the premises of any existing residence across the street; e) the side property line of the lands upon which the establishment is located shall not abut the premises of any existing residence; f) the rear property line of the lands upon which the establishment is located may abut the premises of an existing residence; g) the establishment shall not have a total floor space greater than 125 square meters. That all five of the currently licensed, erotic body-rub parlour operators be required to submit satisfactory evidence that they conform with the above Iocational criteria to J. Koppeser on or before November 28, 1997; and further, That J. Koppeser report to the Finance and Administration Committee on December 8, 1997 with regard to whether they conform so as to allow the renewal of their licences for 1998. (As Amended) That Ms. Elisabeth Szenyi be allowed to change the address of her current non-erotic body rub parlour located at 1232 King Street East to 82 Heins Avenue, pending zoning approval, 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. That the Revenue Division be given pre-budget approval for a 1997 expenditure of $40,000.00, exclusive of taxes, to be taken from the 1998 budget allocation, in order to upgrade the K-CD-05 remittance processor to an IRPS system; and further, That the purchasing process for quotations be waived and the Purchasing Division negotiate the purchase price. That Council approve the purchase of Block O, Plan 1318 (21.61 acres of land) from the Waterloo County Board of Education at a net purchase price of $854,357.00, payable in three instalments, as follows: 1997 - $284,786.00; 1998 - $284,786.00; 1999 - $284,785.00, with this amount to be funded from the Parkland Reserve Fund; and further, That the Mayor and Clerk be authorize to execute any agreement relating to the purchase to the satisfaction of the City Solicitor. That Council grant a general variance to the City's Sign By-law for portable signs advertising charitable organizations and events, including institutional uses on lands zoned Institutional; and further, FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 6. (Cont'd) COUNCIL MINUTES SEPTEMBER 15, 1997 - 485- CITY OF KITCI:IENER COUNCIL MINUTES SEPTEMBER 15, 1997 - 485- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL That businesses and uses currently allowed to erect portable signs be permitted to erect these non-accessory signs for a maximum of two 30 day periods annually to advertise solely for the charitable organizations, and that this be in addition to the currently permitted six 30 day periods. That Council authorize a Commercial Alarm Monitoring Pilot Project beginning in September of 1997 and continuing until January of 1998 and in accordance with the following; a) the Pilot to utilize the computer aided monitoring technology supplied by Electronic Surveillance Corporation; b) the Pilot to include 50 - 150 properties within the City of Kitchener; c) the total cost of the Pilot not to exceed $2,000.00 and to be financed from the Residential Alarm Monitoring Pilot Project; and, That Council approve the form of the agreement to be used in the Commercial Alarm Monitoring Project as appended to the report of J. Hancock dated September 3, 1997, and that Council delegate to the City's Fire Chief the authority to sign such agreements on behalf of the City; and further, That a final report and recommendation be prepared by the Electronic Monitoring Information Team (EMIT) outlining the result of the Pilot, with said report to be presented to City Council following completion of the Pilot Project. That with respect to the Residential Alarm Monitoring Pilot Project, Council approve the form of agreement as appended to the report of D. Arnold dated September 3, 1997, with said agreement to be entered into by the City and each Residential Alarm Pilot Project participant; and further, That the City's Fire Chief be delegated authority to sign all such agreements on behalf of the City. That the City of Kitchener lend its support to the request of Lampton County Council calling for a public enquiry into the events that took place before, during and after the shooting at Ipperwash on September 6, 1995; and further, That a copy of this motion be forwarded to Premier Michael Harris, all local M.P.P.'s and the Mayor of the City of Sarnia. HERITAGE KITCHENER (L.A.C.A.C) COMMITTEE - That, pursuant to Section 43 of the Ontario Heritaqe Act, we approve the request of the owner to alter the property municipally known as 27 Richmond Avenue, located in the Victoria Park Area Heritage Conservation District, by constructing a dormer on the east elevation of the building, as shown on the plans considered by Heritage Kitchener (LACAC) on September 5, 1997 and further That the owner consider lowering the height of the dormer by 10" to match the height of the existing gable roof. 2. That we accept, with regret, the resignation of Ms. Buchanan from Heritage Kitchener (LACAC). COUNCIL MINUTES SEPTEMBER 15, 1997 - 486 - 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 Councillor Karen Taylor-Harrison questioned how many of the number of licensed massagists approved this year were still operating. She also questioned if more information could be provided outlining the differentiation among massagist operations. Mr. J. Shivas advised that staff could determine how many of the massagists licences granted this year were still operating. On the issue of differentiation of massagist operations, he advised there was only one classification within the existing by-law. It was resolved: "That the Manager of Licensing issue an Ice Cream Vehicle Driver License to Mr. Ray Armstrong as per his application dated August 20, 1997." -and- "That the City of Kitchener has no objection to The Canadian National Institute for the Blind (Ontario Division), 303 York Street, Sudbury, Ontario P3E 2A5, being granted permission to sell raffle tickets in the City of Kitchener from January 1, 1998 to December 31, 1998 for a draw to be held at the Sudbury District Office, Sudbury, Ontario, on December 31, 1998." -and- "That the City of Kitchener has no objection to a Monte Carlo Licence being issued to the Kitchener-Waterloo Oktoberfest Inc. as part of their Oktoberfest festivities at Bingeman Park, 1380 Victoria Street North, Kitchener, on October 10-18, 1997, subject to the proceeds being used for charitable purposes." -and- "That the City of Kitchener has no objection to a Monte Carlo Licence being issued to the Kitchener-Waterloo Oktoberfest Inc. as part of their Oktoberfest festivities at the Four Points Hotel, 105 King Street East, Kitchener, on October 10-18, 1997 subject to the proceeds being used for charitable purposes." -and- "That the Kidney Foundation of Canada - Western Ontario Region be granted permission to operate a refreshment stand on the lot at the corner of Hidden Valley Road and Goodrich Drive on September 20, 1997, provided that the necessary Licence and Health and Fire approvals are obtained." -and- "That the Bell Employees Fund for Community Services be granted permission to operate a refreshment stand, on their own property at 800 King Street West during the Oktoberfest Parade on October 13, 1997, provided that the necessary Licence and Health and Fire approvals are obtained." -and- "That Ms. Shirley LaFrance be granted a Massagist licence for the year 1997." -and- COUNCIL MINUTES SEPTEMBER 15, 1997 - 487 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 1. Licenses (Cont'd) "That Ms. Diane Stone be granted a Massagist licence for the year 1997." -and- "That Ms. Jacqueline Bryce be granted a Massagist licence for the year 1997." -and- "That Ms. Kelly Dyke be granted a Massagist licence for the year 1997." 2. Damaqe Claims Councillor B. Vrbanovic commented that it was his understanding staff would be preparing a further report on damage claims that would be considered before a final decision was made on the claims before the Committee. Councillor M. Wagner responded that the second part of the recommendation before the Committee looks after the concern expressed by Councillor Vrbanovic. It was resolved: "That Council grant, without prejudice, legal obligation or precedent, and without admitting liability, the golf ball damage claims of Carolyn Keating and Michael Cooke in the respective amounts of $188.55 and $172.11, subject to both signing a release from liability; and further, That staff notify affected members of the public that on a day forward basis, the City will no longer pay such damage claims." Councillors B. Vrbanovic and M. Yantzi requested to be recorded as opposed to the resolution. 3. Administrative Appointments and Reorqanization It was resolved: "That effective September 15, 1997, Mrs. Pauline Houston be appointed Chief Financial Officer and City Treasurer and be placed at Job Grade 29, Step 2, with this new position title to replace the former title of Commissioner of Finance and City Treasurer; and, That the position of Director of Budgets and Financial Services be filled by means of the normal, general competition; and further, That effective September 15, 1997, the Purchasing and Stores Division report to Mrs. Pauline Houston, with no compensation changes to result from this realignment." On motion by Councillor J. Ziegler, it was agreed to defer and refer the following staff recommendations to the September 29, 1997 Council meeting for further consideration: (a) That effective September 15, 1997, the Human Resources Division report to Mr. Robert Pritchard, with Mr. Pritchard's compensation to remain the same and his title to be changed to General Manager of Corporate Services and City Clerk to better reflect his responsibilities and conform to department head titling in other City departments; and, (b) That as a result of the above change, and effective September 15, 1997, Mr. Doug Paterson, the current Director of Human Resources, be compensated at his former level of Job Grade 25, Step 4 and the position not be subject to the Job Evaluation Process until 6 months after this change takes effect. COUNCIL MINUTES SEPTEMBER 15, 1997 - 488 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) Applications for Variance - Municipal Code, Chapter 630 (Fence) - WEST AND SOUTH WARDS Councillor T. Galloway commented that the Committee of Adjustment has recently considered four identical fence variance applications where no concerns have been expressed by staff or any agency and he questioned if it was time that the by-law was reconsidered in such instances where there was no impact as a result of such proposal. Mr. T. McCable agreed to prepare a report as it relates to such requests and the merit of amending the by-law as it relates to corner lots where there were no visibility or other problems as a result of these fencing proposals. It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of August 19, 1997, recommending approval of Submission No.'s F 7/97 - Clive & Theresa Shillingford, F 8/97 - Ken & Rhea Bax & F 9/97 - David & Deborah Drost - Be Ratified and Confirmed." 5. Application for Variance - Municipal Code, Chapter 680 (Sign) - WEST WARD It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of August 19, 1997, recommending approval of Submission No. S 7/97 Northport Land Inc. - Be Ratified and Confirmed." 6. Uncollectible Taxes It was resolved: "That the attached list of Uncollectible Tax Accounts amounting to $92,003.91 be written off against the Allowance for Doubtful Taxes Receivable." 7. Direct Purchase of Natural Gas - Disclosure Requirements Councillor T. Galloway stated that he was very concerned with the practices of firms soliciting customers for direct purchase of natural gas. He suggested that self-administration by such companies was not working and noted that the City has the ability to put disclosure rules in place regarding this matter. It was resolved: "That the Utilities Division immediately implement new business rules regarding disclosure requirements for Agents, Brokers and Marketers soliciting customers for direct purchase arrangements for their natural gas provisions in accordance with the requirements outlined in this report." 8. Kolb Drain and Victoria Star Motors The Committee was in receipt of a report from Mr. S. Gyorffy, Assistant General Manager, Public Works Department, regarding a project on the Kolb Drain. Councillor Jake Smola commented that he understood the work was complete and Mr. E. Kovacs stated that it would appear the property owner proceeded prematurely and staff would be investigating on September 16. COUNCIL MINUTES SEPTEMBER 15, 1997 - 489 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 8. Kolb Drain and Victoria Star Motors (Cont'd) It was resolved: "That Victoria Star Motors be permitted to undertake fish habitat enhancement work on the Kolb Creek, downstream of Victoria Street North -and- That the applicant sign an agreement satisfactory to the City's Legal Department prior to performing work on City lands." 9. Tenders The tenders were dealt with under delegations. 10. Licenses - Computer Aided Dispatch System It was resolved: "That Council waive the requirement of Chapter 170 of The City of Kitchener Municipal Code with respect to the acquisition of licences for ICAD NT software and CAM software to be used by the Kitchener Fire Department in its computer aided dispatch system; and further, That the Mayor and Clerk be authorized to execute the agreements dated September 9, 1997 with Electronic Surveillance Corporation for the acquisition of a licence to utilize ICAD NT software (Windows NT based integrated computer aided dispatch system) and a licence to utilize CAM software (computer aided monitoring software) to be used by the Fire Department in its computer aided dispatch system." 11. Licence Request It was resolved: "That the City of Kitchener has no objection to a Provincial Licence being issued to the Big Brothers of Kitchener-Waterloo, 451 Ottawa Street South, Kitchener, N2M 3P6, for Break- Open Tickets, to be held in conjunction with their Monster Bingo, at the Kiwanis Arena at the Kitchener Memorial Auditorium Complex on October 13, 1997." 12. Confirmation of Compliance re: Deed Restrictions It was resolved: "That the City confirm that as of September 15, 1997 the property described as Part 2 on Reference Plan 58R-1380 and municipally known as 10 Alpine Crescent complied with the restrictions set out in Instrument No. 677417." 13. Land Purchase Neqotiations - Huron Natural Area It was resolved: "That staff be directed to negotiate with representatives of Westmount Investments Inc. and Dorar Investments Inc. for the purchase of their respective upland forests located within the Huron Natural Area, the payment of which may be in cash and/or land spread over a period of time at least five years for Westmount Investments Inc. and at least three years for Dorar Investments Inc. Staff shall obtain new appraisals for the said lands for SEPTEMBER 15, 1997 COUNCIL MINUTES -490- CITY OF KITCI:IENER COUNCIL MINUTES SEPTEMBER 15, 1997 - 490- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL their consideration; and further, COUNCIL MINUTES SEPTEMBER 15, 1997 - 490 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 13. Land Purchase Neqotiations - Huron Natural Area (Cont'd) That staff be directed to approach the Board of the Huron-Strasburg Natural Park Conservation Project to seek their commitment to the subsequent acquisition of these lands from the City." 14. In-Camera Meetinq Mayor R. Christy advised that he wished to hold an in-camera meeting of City Council at the conclusion of the Council meeting, On motion by Mayor R. Christy - It was resolved: "That an in-camera meeting of City Council be held immediately following this Council meeting to consider a potential litigation matter."