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HomeMy WebLinkAboutCouncil Minutes - 1997-09-29COUNCIL\1997-09-29 SEPTEMBER 29, 1997 COUNCIL MINUTES CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by the Mayor and Council and those members of staff and the public in attendance. On motion by Councillor G. Lorentz, the minutes of the regular meeting held on September 15, 1997, and special meeting held on September 22, 1997, as mailed to the members, were accepted. COMMUNICATIONS - N I L Mr. L. Gordon, Manager of Purchasing, appeared as a delegation to answer any questions regarding the tenders listed on the Committee of the Whole agenda of this date. Councillor M. Wagner noted that there is no specific recommendation with regard to architectural services for the Fire Department Headquarters, and Mr. Gordon responded that the Selection Committee could not reach consensus as the two bidders were close and almost equal. Moved by Councillor M. Wagner Seconded by Councillor G. Lorentz "That Expression of Interest E97-65, Architect Services - Fire Department Headquarters, be awarded to the Iow bidder, Reider, Hymmen and Lobban Architects, Kitchener, at an upset fee of $222,500 plus G.S.T." Carried. Moved by Councillor T. Galloway Seconded by Councillor M. Wagner "That proposal P97-92, Supply and Install Building Controls - Community Arenas, be awarded to Automation Engineering Associates, Toronto at their proposed price of $89,854., plus G.S.T." Carried. Mr. T. Clancy, General Manager of Parks & Recreation, advised that as a result of the City's showing at the recent Communities in Bloom - Front Yard Competition, the municipality was awarded a five bloom rating (being one of four such winners among 19 participating municipalities), and as a result will be invited to participate at the national level. Mr. Clancy presented Mayor R. Christy with a carved plaque bearing the name and address of the Kitchener winner, as well as the Five Bloom Certificate awarded to the municipality. Mayor Christy accepted the plaque and certificate on behalf of Council and the citizens of Kitchener and thanked those who participated in the event, particularly the members of the Communities in Bloom Committee. Mr. Eliseo Martel, Chair, Kitchener Downtown Inter-Community Health Centre, was in attendance on behalf of the 15-member steering committee and gave a presentation on the need for a Primary Health Care Centre in downtown Kitchener. Mr. Martel thanked Council for its past support, especially the efforts of Councillors M. Yantzi and K. Taylor-Harrison and reported on progress to date, including preparation of a needs assessment, consultation with the Ministry of Health, community meetings and the development of various program proposals. Councillor M. Wagner raised the question posed by the Mayor's Advisory Council of Seniors involving who would pay for such a Health Care Centre, and Mr. Martel replied that there would be no cost to the City as the funding would be provided by the Province and establishment will result in increased health resources for the community,. Councillor K. Taylor-Harrison thanked Mr. Martel for his presentation and for his group's work to date. Mr. Bryce Balmer, appeared on behalf of concerned citizens in Kitchener and Waterloo, who are requesting that a question on the establishment of Charitable Gaming Clubs be placed on the November 10, 1997 municipal ballot. Mr. Balmer thanked Council for opposing the establishing of Gaming Clubs and the installation of Video Lottery Terminals (VLT's) in Kitchener, noting that the Province continues to force this issue, which he characterized as a tax grab which will take funds out of the community. Mr. Balmer referred to the recent announcement by the Ontario Gaming Commission as to the awarding of contracts to run Charitable Gaming Clubs and made reference to the Provincial offer of $1,500 per VLT machine per year as an incentive to install these in communities. He noted that this will only work out to SEPTEMBER ~9, 1997 COUNCIL MINUTES -493- CITY OF KITCI:IENER approximately $20 per citizen, and criticized the Province for the relatively small per capita amount it plans to direct toward gambling addiction. He suggested that allowing for an open public debate of this issue would be of great benefit and would re-empower citizens who are being made to feel helpless as a result of the way the current government is forcing change. Mr. Balmer referred to the possible negative impact on bingo events which he indicated had been noticed in other unnamed communities. Councillor G. Lorentz noted that the Province has not been supportive of referendums in the past, and that a vote endorsing Charitable Gaming Clubs is also a possibility. Councillor B. Vrbanovic questioned the wisdom of holding a municipal referendum when Council has already voiced its opposition. He further questioned whether Mr. Balmer had approached the local members of the Provincial Parliament to request a binding referendum, and he replied that in his experience, municipal governments are better listeners and that he has been frustrated in attempts to discuss the issue with local M.P.P's. Mayor R. Christy advised that in September, he discussed this issue with the Minister of Citizenship, Culture & Recreation and is scheduled to meet with the Minister of Consumer & Commercial Relations in October. He noted from this that it appears the government is more prepared to consult local jurisdictions than in the past. Ms. Joyce Palubiski indicated that she was in attendance on behalf of children and youth who would suffer indirectly as a result of gambling addiction and related stress. She encouraged Council to take a strong stand in opposition to the Harris government's initiative to impose Charitable Gaming Clubs on municipalities. In response to a question from Councillor M. Yantzi, Mr. R.W. Pritchard advised that October 10, 1997 would be the last date to pass the by-law required to place a question on the municipal ballot for the November 10 election. He also advised that there is no real additional cost, as the City is already using a composite ballot. Moved by Councillor M. Yantzi Seconded by Councillor J. Ziegler "That Notice of Motion be waived with respect to reconsideration of the Council decision of April 14, 1997 to take no action to conduct a local referendum with respect to the Provincial initiative to establish permanent Charitable Gaming Clubs in Kitchener." Carried by the required two-thirds of the whole Council. Moved by Councillor M. Yantzi Seconded by Councillor J. Ziegler "That Council reconsider its April 14, 1997 decision to take no action to conduct a local referendum with respect to the Provincial initiative to establish permanent Charitable Gaming Clubs in Kitchener." Motion Lost. Councillor B. Vrbanovic put forward a motion, seconded by Councillor G. Lorentz, reaffirming Council's opposition to the creation of Charitable Gaming Clubs in Ontario, indicating its disagreement with the offering of financial incentives to municipalities and urging the Province to place the question of Charitable Gaming Clubs in Ontario on the November 10, 1997 municipal election ballot in the form of a Province-wide, binding referendum. Mayor R. Christy asked that the motion be amended to add a request that the Province investigate the present Monte Carlo operations with the intention of fixing any problems it feels are associated with these events. Councillor T. Galloway noted that the City recently passed an Interim Control By-law which means that Kitchener will not allow construction of Charitable Gaming Clubs for at least one year in order to study the land use implications of Gaming Clubs. He also reminded Council that D. Tsubouchi, Minister of Consumer & Commercial Relations, has reiterated that he will not force Gaming Clubs upon any municipality who does not want them within its jurisdiction. The Mover and Seconder of the main motion agreed to the amendment suggested by Mayor R. Christy and the main motion was then voted on, as amended. A recorded vote was requested. SEPTEMBER ~9, 1997 COUNCIL MINUTES -494- CITY OF KITCI:IENER Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the Council of the Corporation of the City of Kitchener reaffirms its opposition to the creation of Charitable Gaming Clubs in Ontario, requests a review of the present Monte Carlo operations, indicates its disagreement with the Province offering financial incentives to municipalities in what appears to be an effort to quiet their opposition to the Gaming Clubs; and finally, urges the Province to place the issue of Charitable Gaming Clubs on a Province- wide, binding referendum in conjunction with the November 10, 1997 Municipal Election; and further, That a copy of this motion be circulated to the Premier, local M.P.P's and the Association of Municipalities of Ontario." Carried Unanimously. Ms. Susan Koswan, Kitchener Pesticide Action Group, appeared to request a change in the City's Policy 1-309 regarding Pesticide Spraying. She advised that she is appearing on behalf of local citizens who are concerned about the use of pesticides on City lands and health implications, and explained that pesticides are toxic and can contribute to groundwater contamination. She suggested that it is within the City's power to decide against the use of pesticides on its own property, and in this regard the municipality should set an example by reducing its reliance on pesticides. Ms. Koswan also asked that any vote in this regard be recorded. In addition, Ms. Koswan asked that the City become involved in striking a Citizen Committee with representatives from area municipalities to promote non-toxic alternatives to the use of pesticides. Councillor M. Yantzi asked for additional information on the types of strategies used in this regard by other municipalities, and Ms. Koswan referred to a one-year moratorium implemented by the Region of Ottawa-Carleton, a policy of the City of San Francisco to eliminate all pesticide use by the year 2000 and various initiatives undertaken by golf courses. Mayor R. Christy asked that this information be provided to staff. Mr. T. Clancy advised that to date, staff of the Parks & Recreation Department have taken steps to reduce pesticides, which are now used on an infrequent basis on only 1.2 to 1.5% of City lands. He added that Victoria Park has not been sprayed for two years. Mr. Clancy further elaborated that spraying is done only under certain defined circumstances, and that staff have recommended new initiatives in this area. He expressed concern that the total reduction of pesticides is a difficult target to achieve given some of the unnatural environments under the City's care such as golf and lawn bowling greens. He advised that staff prefer limited and controlled use as opposed to a total reduction and also pointed out that a number of homeowners have requested that the City spray its lands in order to prevent contamination of neighbouring properties which are already being sprayed. Mr. Clancy suggested a full discussion at an upcoming Environment Committee meeting. Councillor T. Galloway advised that the Environment Committee has dealt with this issue annually and has most recently requested a report from the Legal Department on its legislative ability to deal with spraying on private property. He explained that at present the Committee is inclined toward further incremental reductions. Moved by Councillor M. Yantzi Seconded by Councillor B. Vrbanovic "That the issue of a further reduction in the use of pesticides on City-owned lands be referred to the Environmental Committee for consideration, along with the feasibility of a trial ban on spraying in Victoria Park combined with the establishing of a neighbourhood/staff committee to identify and deal with resident concerns in this regard." Carried. Ms. S. Tranter, Human Resources Officer, introduced Ms. Kathy Sargeson, a City employee, who was recognized by the Partnership in Education Committee for her volunteer work in the community. Mayor R. Christy presented Ms. Sargeson with a $100 cheque and a commemorative plaque, and thanked her for her contribution. Ms. Tranter gave a presentation on the 1997 Health Symposium conducted at City Hall in partnership SEPTEMBER ~9, 1997 COUNCIL MINUTES - 495- CITY OF KITCI:IENER with other community organizations. She explained that the organizing committee is recommending a two-day event in 1998 to coincide with Canada Health Day on May 12, 1998. Ms. Tranter reviewed several recommendations for improvement of the event and extended thanks to all of the individuals who contributed their time and energy, including Mayor R. Christy, Waterloo Mayor B. Turnbull, Regional Chair K. Seiling, as well as participants representing the two local School Boards and the Grand River Hospital. She also extended thanks to the event sponsors. Ms. Tranter requested Council's continued support and involvement, as well as permission to hang a banner over King Street and the possible provision of busing to bring people to the event, as well as event sponsorship. She then introduced Dr. Ted Mavor of the Grand River Hospital who worked on the Symposium in 1997. Councillor C. Weylie commended Ms. Tranter and her organizing committee for a job well done. Ms. Denise Carter, Vice-President, Waterloo Regional Labour Council and Mr. George H. Dell, representing Shell Canada, were registered as delegations this date, but were not in attendance. As regards the anticipated attendance of Mr. Dell in opposition to the recommendation of the Committee of Adjustment respecting Submission A 127/97 (Shell Canada Limited), Mr. R.W. Pritchard advised that he had received a letter from Mr. Dell stating that he would submit further comments on the Shell proposal to members of Council at a future date. Prior to hearing the delegations with respect to third reading of a by-law to temporarily close Doon Village Road, Mr. R.W. Pritchard advised that Regional Council had not authorized the by-law under consideration and as a result, staff are requesting that the by-law listed as 12(a) for third reading on the Council agenda of this date be withdrawn. Councillor T. Galloway advised that he had requested deferral at Regional Council, but on the understanding that Kitchener could still deal with the by-law, subject to Regional approval. He commented that the City's Official Plan calls for eventual closure of Doon Village Road, but is silent as to when this will occur. He noted that the Upper Doon Heritage Conservation District Plan imposes various architectural and development controls, including those relating to traffic flow, and that the City has recently concluded a five-year community plan review which included a transportation study. He advised that at that time there was a strong voice of concern and a recommendation to proceed with the closing; however, Council did not agree to this at the time. He asked that notwithstanding the status of the by-law, Council hear those in attendance this date as part of the public hearing process. Councillor M. Wagner stressed that the closure of the road was not a result of action by a group of people living in the area, but was a decision made by Council when the Upper Doon area was declared a Conservation District. Mr. Henry Wiebe appeared in opposition to the proposed closing of Doon Village Road and circulated a brochure identifying traffic concerns of the Caryndale Community. He noted that closure of the road would result in community members having to take a circuitous route to reach Homer Watson Boulevard, and suggested that Doon Village Road not be closed until such time as access is provided to points south. Mr. Don Bourgeois, appeared in opposition to the proposed road closure, suggesting that this would limit and discourage access by the public to a heritage resource and suggested various alternate means of addressing the current traffic problems, including construction of the proposed by-pass, installation of speed bumps and enforcement of the existing speed limits. Mr. Michael Douglas appeared in support of the proposed road closure, noting that Doon is a heritage area and should not be combined with the commuter route. He suggested that the volume of traffic and related safety problems are a major concern and that the current layout of Doon Village Road and its use by children should qualify it for a trial closure. Mr. Doug Hislop appeared in opposition to the closing of the road, but indicated he would not oppose closure once the alternate by-pass route is constructed from Doon South Drive to Tilt Drive. He pointed out that the closing will isolate the Wyldewood Subdivision and will force these residents to use Homer Watson Boulevard, a major traffic corridor, for local traffic. He further noted that 93 notices of this meeting were hand delivered; however, it appears staff is recommending the closure based on the opinion of only 15 residents. Ms. Hislop read a letter from Ms. Kathleen Loewen, dated September 25, 1997 which indicates that she is a school bus driver who uses Doon Village Road and is opposed to the closing. Her letter notes safety SEPTEMBER ~9, 1997 COUNCIL MINUTES - 496- CITY OF KITCI:IENER concerns that would result in traffic being diverted to Homer Watson Boulevard in order to access the Wyldewood Subdivision, and pointed out that the closure would also necessitate her having to turn the school bus around at Doon Village Road and Oregon Drive, which cannot be easily accomplished given the width of the road. Mr. Hislop submitted a document containing 200 signatures requesting that Doon Village Road remain accessible to through traffic at least until such time as the planned alternate route by-passing the area is completed. Councillor T. Galloway asked the delegation whether he would support additional traffic controls on Doon Village Road, and Mr. Hislop advised that he would not have a problem with some form of additional traffic control. Ms. Louise Dawe, appeared in opposition to the proposed closing and suggested that as a resident of the Wyldewood Subdivision, this would prevent her from having access to a portion of her neighbourhood which she felt she should have, given that her tax dollars are used to maintain Doon Village Road. She suggested that it appears that Doon Village Road is being treated as a private road and questioned the purpose of the "no left hand turn" sign at the intersection of Doon South Drive and Doon Village Road, further noting that it appears buses are exempted from this prohibition. Councillor T. Galloway pointed out that the historic village and scenery which Ms. Dawe enjoys as a resident of Wyldewoods is by-and- large a result of the activities of people within the Conservation District. Mr. John Dobson, a member of the Doon School Council, appeared in opposition to the proposed closure based on safety and traffic concerns. He noted that traffic reports support allegations of excessive speed and traffic volume on Doon Village Road; however, the closure would only shift the problem to the Wyldewood Subdivision prior to the Doon by-pass being constructed. Mr. Dobson further noted that the Doon South/Homer Watson intersection is clearly unsafe and that the closure would force an increased use of this intersection which has no slow right turn lane, and a bridge which may ice up during the winter months prior to the roadway proper. Mr. Dobson suggested several remedial actions as an alternative to closing Doon Village Road including installation of speed bumps, stop signs at all intersections, making Doon Village Road a one-way street and installing sidewalks. Mr. Richard Haalboom appeared in support of the road closure and circulated correspondence in this regard. He suggested that impatient drivers using Doon Village Road are creating a problem, and that rather than addressing only traffic flow concerns, City staff should also consider the needs of the people who live along the roadway. He noted that when the Conservation District Plan was adopted by the Ontario Municipal Board in 1988, Monarch Construction had an opportunity to speak out against the Plan which is intended to preserve the rural and historic character of Doon Village Road. He noted that construction of the planned diversion has been put off every five years for twenty years and closure of Doon Village Road promised on an ongoing basis. He suggested that allowing Monarch Construction to build the by-pass as the subdivision proceeds and to allow the Hallman lands to be developed separately, is contrary to the intent of the Conservation Plan, and suggested that no further building permits should be issued until Monarch resolves the by-pass issue. Councillor T. Galloway asked whether Mr. Haalboom would support additional traffic controls until such time as the by-pass is developed, and he replied that he would be prepared to consider any alternative. Mr. Jeff Oja appeared in support of the road closure and reviewed the presentation brief circulated to members of Council this date. He reviewed photos of Doon Village Road which he described as a Class B tar and chip road, and referred to cars travelling at 65 km/hr, in a 40 km/hr zone. Mr. Oja also pointed out that in the absence of a by-pass, the entire proposed subdivision containing 5,000 plus units would exit onto Doon Village Road. Mr. David W. Jones appeared in support of the proposed road closure and characterized the current traffic situation as extremely unsafe and referred to his personal experiences in this regard. He noted that he has often witnessed speeding cars, most of which originate from Pioneer Park and Wyldewood. He pointed out that residents have been asking for the collector road for years, and construction should take place soon before someone is killed. Mr. Ernie Lucy appeared in support of the proposed road closure, noting that the residents of Upper Doon have worked hard to create a heritage enclave and to preserve the history of the community. He suggested that the stop signs in front of his house are ineffective as is the "no left hand turn' sign, and that speed limits are absolutely ignored. SEPTEMBER ~9, 1997 COUNCIL MINUTES - 497- CITY OF KITCI:IENER Mr. Darryl Gill appeared in opposition to the proposed road closure and suggested that the current situation should be resolved by constructing the alternate route. Mr. Michael Preston appeared in opposition to the proposed road closure on the basis of safety concerns and asked that the closure be postponed until the by-pass is constructed. He referred to traffic and safety concerns which would arise as a result of traffic being re-routed to other streets as a result of the Doon Village Road closure. Mr. Clive Patrick appeared in opposition to the road closure, until such time as the by-pass is constructed. He submitted a letter of support which he indicated had been signed by 343 people during the past two weeks. He suggested that it is inappropriate to close the road due to pressure from one group of residents, and that though Doon Village Road should be preserved as a heritage resource, it should also be recognized that it is a link between adjacent neighbourhoods. He suggested that with patience and compromise by all parties, it should not be necessary to close the road at this time. Mr. Patrick also conveyed concerns expressed to him earlier by Deputy Fire Chief B. Kuntz that with the closure of Doon Village Road, fire trucks would require access and that during the winter he would like to be assured that the crashable barrier would not be reinforced by snow build up. Ms. Catherine Cameron, Brigadoon School Advisory Council, appeared in opposition to the road closure and cited safety concerns with respect to Brigadoon students, including access to a safe bus stop and the possibility of accidents where school buses are forced to travel along Homer Watson Boulevard. She asked that the road not be closed until the by-pass is constructed; however, if the road is closed before this time, asked that school buses have continued access to Doon Village Road. Mr. Walter Bradshaw, registered as a delegation to address Council this date, but was not in attendance. Council was also in receipt of correspondence from Ms. Linda Fabi, Principal, Brigadoon Public School, opposing the proposed closing of Doon Village Road until such time as an alternate route is constructed. In response to a question from Councillor T. Galloway, Mr. D. Snow suggested that meetings be arranged with representatives of the communities and interests affected by the possible closure of Doon Village Road to determine alternatives and a compromise solution. Councillor Galloway added that discussion should include the issues related to additional traffic controls and construction of the diversion route. Councillor Galloway enquired whether the City has the ability to limit further building permits in the Monarch subdivision pending completion of the diversion and Mr. B. Stanley advised that the City could in fact limit future development. Councillor M. Yantzi enquired why the closure is being considered independent of construction of the by-pass and Mr. Snow replied that the matter was brought forward by Heritage Kitchener based on provisions in the Upper Doon Heritage Conservation District Plan. Councillor M. Wagner added that it became incumbent upon Council to address this issue once the Conservation District Plan was approved. Councillor Jake Smola enquired whether there is anything the City can do to require construction of arterial roads as part of the staging of development, and suggested that this needs to be addressed, as well as related transit concerns, earlier on in the development process than has been the case in the past. Mayor R. Christy suggested that this matter be discussed in greater detail at the Planning and Economic Development Committee. Mr. Stanley noted that it is important to appreciate the distinction between a major arterial and a collector road and also noted that a lengthy link would be required in order to construct the by-pass from the point where the Monarch Development is at present. Mr. Snow pointed out that a section of the by-pass must be built by the City, and it was planned to include this in the Capital Forecast following an environmental assessment. Mayor R. Christy suggested that Council accede to the request of the Clerk to withdraw the by-law for third reading this date. In response to a further question, Mr. R.W. Pritchard advised that in his experience, he cannot recall an instance where third reading was given to a by-law conditional upon Regional approval. Mr. J. Shivas further advised that though it may not have been Council's practice in the past, it is possible to amend the by-law so that it comes into effect upon the date of Regional Council approval. Alternately, the by-law can be brought back for third reading at a later date. Moved by Councillor T. Galloway Seconded by Councillor J. Ziegler "That no action be taken at this time with respect to third reading of the by-law listed as item 12(a) on the Council agenda of this date and dealing with the temporary closure of Doon Village Road for a one year period; and further, That staff convene a meeting of representatives from the neighbourhoods and groups affected by the possible closure of Doon Village Road, and to include staff of the Planning and Development SEPTEMBER 99, 1997 COUNCIL MINUTES -498- CITY OF KITCI:IENER Department and Traffic Division, with a subsequent report to either the Planning and Economic Development Committee or to Council directly, as time allows." 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." Carried. Moved by Councillor T. Galloway Seconded by Councillor B. Vrbanovic "That the report of the Community Services Committee of this date be adopted." Council agreed to the request of Councillor J. Ziegler that clause 3 be amended to indicate that subsequent grants will not be considered if the proceeds are to be used to support a group which already receives funding from the City. He advised that it was his understanding that the proceeds from the fashion show would assist the ROOF group. The report was then voted on clause by clause. Clause 3 - Carried, as amended. Balance of Report - Carried. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner "That the report of the Finance and Administration Committee of this date be adopted." Councillor J. Ziegler asked that clauses 13 & 14 be dealt with separately. In regard to clause 14 Council was in receipt of correspondence from Mr. J. Gazzola, Chief Administrative Officer, dated September 29, 1997. Councillor J. Ziegler advised that he does not oppose clause 14 of the Committee report dealing with re- evaluation of the City's Job Evaluation System, but added that he would like Council to take immediate action with respect to the issues of 'pink circling' and retroactive payments as outlined in his September 15, 1997 correspondence previously dealt with at the Finance and Administration Committee meeting. He pointed out that as indicated in earlier memorandum from Mr. D. Paterson, Director of Human Resources, dated September 17, 1997 in which it was indicated that the proposed changes involving retroactive payment and "pink-circling" would not affect the functioning of the Job Evaluation System nor violate the City's obligation with respect to pay equity. He specifically asked for consideration of a reduction in the amount of time an employee's salary can be "pink-circled", as well as changes to the current procedures with respect to retroactive payment. Mayor R. Christy suggested that the changes requested by Councillor Ziegler are contrary to the recommendation before the Committee this date and suggested that his comments be referred to the consultant for early consideration. The Finance and Administration Committee report was then voted on clause by clause. Clause 13 - Carried. Clause 14 - Carried. Balance of Report - Carried. Declared pecuniary conflicts and abstentions - Clause 14 - Councillor B. Vrbanovic as his wife is employed by the City's Information Services Division. Councillor B. Vrbanovic previously disclosed a pecuniary conflict of interest and abstained from all voting SEPTEMBER ~9, 1997 COUNCIL MINUTES - 499- CITY OF KITCI:IENER and discussion concerning proposed amendments to the City's current Job Evaluation System, as his wife is employed by the City's Information Services Division. Councillor J. Ziegler put forward a motion, seconded by Councillor Jake Smola, recommending immediate action to change the pink circling and retroactive payment provisions of the City's current Job Evaluation System. Councillor M. Yantzi suggested that such action at this time could affect the outcome of the consultant's recommendations and questioned whether it is wise to deal with these at this time. Mayor R. Christy voiced his concern that the entire evaluation system should be dealt with comprehensively with all concerns being addressed as part of the same process so that Council can keep its options open as regards changes to the system. He cautioned that pay rates and scales play an important part in the City's ability to attract qualified staff. A recorded vote was requested, and Mayor R. Christy acceded to the request of Councillor J. Ziegler that the component parts of his motion be dealt with separately. Moved by Councillor J. Ziegler Seconded by Councillor Jake Smola "That salary administration Policy No. 10 (Pink Circling) be amended to substitute the following two paragraphs for the last two paragraphs on page 32 of the Salary Administration Manual: 'When as a result of job duty changes, reorganizations or involuntary transfers (not CIP approved) an employee's salary exceeds the new grade maximum, no annual economic increases will be granted for six months from the date the decision is released to the employee. At that time, the employee's salary will be adjusted downwards to the job rate for the new grade. In the case of an employee's salary being less than the new job grade maximum, but more than what their parallel step placement in the new grade states, their salary will be held for six months and at that time they will be placed on whichever step the hours worked justify for step placement in the new job grade, whether that step constitutes an increase or a decrease at that time'; and further, That the above change apply effective September 29, 1997 equally to all non-union and management employees, and that staff be directed to bring all union contracts in line with these changes during the next round of negotiations. In Favour: Councillors M. Wagner, John Smola, Jake Smola, J. Ziegler, T. Galloway and G. Lorentz. Contra: Mayor R. Christy, Councillors K. Taylor- Harrison, M. Yantzi and C. Weylie. Carried. Moved by Councillor J. Ziegler Seconded by Councillor Jake Smola "That Salary Administration Policy #1 (Retroactive Payments) be amended to reflect that individuals whose positions are currently in the Job Evaluation process be eligible for up to six months of retroactive payment in the event the job grade or step is increased, and that positions evaluated after September 29, 1997 be eligible for up to a three-month retroactive payment. In Favour: Councillors G. Lorentz, John Smola, J. Ziegler, M. Wagner and Jake Smola. Contra: Mayor R. Christy, Councillors K. Taylor- Harrison, M. Yantzi, T. Galloway and C. Weylie. Motion Lost. COUNCIL MINUTES SEPTEMBER 99, 1997 - 500- CITY OF KITCI:IENER Moved by Councillor J. Ziegler Seconded by Councillor Jake Smola "That Salary Administration Policy #1 (Retroactive Payments) be amended to reflect that when an upward increase is warranted, the employee's placement will reflect movement to a higher pay level in the lowest step in the new grade, and in all cases the appropriate step placement will be applied according to, and after, the required hours are worked in the new grade." In Favour: Councillors G. Lorentz, John Smola, Jake Smola, J. Ziegler and M. Wagner. Contra: Mayor R. Christy, Councillors K. Taylor- Harrison, M. Yantzi, T. Galloway and C. Weylie. Motion Lost. Councillor B. Vrbanovic previously disclosed a pecuniary conflict of interest and abstained from all voting and discussion concerning proposed amendments to the City's current Job Evaluation System, as his wife is employed by the City's Information Services Division. Moved by Councillor John Smola Seconded by Councillor M. Wagner "That the report of the Public Works and Transportation Committee of this date be adopted." Carried. Mayor R. Christy advised Council of the recent death of Mr. Harry Tasker, who was extremely active in a volunteer capacity in a variety of municipal areas. Mr. Tasker's funeral is planned for Thursday, October 2 and Mayor Christy advised that Ms. Fryfogel would advise each member of Council of the specifics. Mayor R. Christy also advised of an exhibition by local artists opening at Just Desserts this evening, the exhibit entitled "Into the Heart of the City". Councillor J. Ziegler referred to the previous debate at the Finance and Administration Committee respecting the calculation of the payment-in-lieu of parkland dedication for the City-owned property, and the property of Mr. Stefan Vogel, on Bloomingdale Road. He noted that the Committee had reviewed the Legal Department report, and then read further correspondence received from Mr. Vogel, who still objects to the calculation and questions the discrepancy in the calculation when both properties are in his view equal. Councillor J. Ziegler indicated his willingness to put forward a motion instructing Legal staff and Mayor R. Christy indicated that he would treat Councillor Ziegler's instructions as direction to staff. It was agreed that the Legal Department would prepare a detailed report re-evaluating the parkland dedication appraisal for the Bloomingdale Road properties owned by the City and Mr. S. Vogel, in view of what appears to be a discrepancy in the calculation. Mr. J. Shivas advised that he had spoken with Mr. Vogel and there is no discrepancy, as calculation with respect to the City lands were not calculated at market value and did not include profit or development costs based on the nature of the proposed land trade. Mr. Shivas advised that he would report further in this regard, and Councillor J. Ziegler suggested that the explanation need to be clear as the City property could be developed without benefit of a severance. Councillor B. Vrbanovic noted the recent change in the Province's position on Municipal Election chargebacks as they relate to School Boards, and asked that correspondence be sent to the Minister of Municipal Affairs & Housing requesting that the Province return to the original intent of the legislation and allow municipalities to charge School Boards for election-related costs. Councillor B. Vrbanovic suggested that staff enquire into the possibility of enlivening the existing vacant Goudie's building by putting up Canadian and Kitchener flags on the existing flagpoles. He also asked staff of Facilities Management to determine whether the dysfunctional weather beacon on the Berlin Tower can be retired and converted to a flagpole, and the Canadian flag raised. COUNCIL MINUTES SEPTEMBER ~9, 1997 - 501- CITY OF KITCI:IENER Councillor C. Weylie advised that she is meeting on October 1 with the Belmont Improvement Area Board of Management and asked for an indication of the exact number of appointments which Council will make for 1998. Mr. R.W. Pritchard agreed to advise prior to the Wednesday meeting. Councillor J. Ziegler informed Council that the Airport Master Plan Project Team will be meeting on Friday, October 3, 1997 at 9 a.m., and that part of the discussion will entail reviewing the site development matrix and drawings and the noise exposure forecast. Councillor Jake Smola gave notice that he would introduce the following motion at the October 6, 1997 meeting of the Planning and Economic Development Committee and asked that copies be circulated tomorrow to the Regional Airport Manager and all Regional Councillors. "That the Council of the City of Kitchener voice its concern to the Regional Municipality of Waterloo over the recent night time operations of the Waterloo Regional Airport resulting in Iow altitude flights over residential areas in Kitchener; and further, That the management of the Airport be requested to examine the restriction of flights on runway '07' (the east/west runway causing these Iow altitude flights) between the hours of 12 midnight and 6 a.m., daily." Councillor Jake Smola referred to the copy of the Stanley Park Rosemount Community News circulated this date to all members of Council and highlighted an article on the Williamsburg Crematorium. Councillor G. Lorentz asked for an update on the two-way temporary signing of Charles Street and Mr. E. Kovacs replied that it appears that traffic is not following the by-pass directions and to date he is not aware of any accidents as a result of the two-way signing. Councillor Jake Smola asked that when Transit Division staff consider the recently received suggestions for improvement, that they give special consideration to a promotional Transit video for schools. Council previously directed removal of the temporary road closure by-law respecting Doon Village Road which was listed for third reading this date as item 12(a) on the Council agenda. They also at this time acceded to requests from Mr. R.W. Pritchard to add for third reading only, a by-law to retain part of a public highway known as Windrush Trail, and also to add for three readings an amending by-law to Chapter 560 (Massagists and Body Rub Parlours) which would implement the relocation of the Body Rub Parlour at 6 Moyer Place in accordance with clause 1 of the Finance and Administration Committee report of this date adopted by Council. Moved by Councillor John Smola Seconded by Councillor K. Taylor-Harrison "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to close and sell Part of Old Fairway Road shown as Parts 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, Plan 58R-10926, in the City of Kitchener (b) Being a by-law to amend By-law No. 96-133 to extend the time for conveyance of part of a closed public highway being part of Forwell Road (c) Being a by-law to adopt Amendment No.11 to the Municipal Plan - Arts and Culture Policies - MPA 971031AIBN (d) Being a by-law to exempt certain lots from Part Lot Control - Blocks 46, 47, 50 and 51, Registered Plan 1826 - Stanmore Avenue and Glouchester Court (e) Being a by-law to exempt certain lots from Part Lot Control - Lots 1, 2, 3 and 4, Registered Plan 58M-31 - Brembel Crescent (f) Being a by-law to exempt certain lots from Part Lot Control - Block 24, Registered Plan 58M-31 -Brembel Crescent (g) To confirm all actions and proceedings of the Council SEPTEMBER 29, 1997 COUNCIL MINUTES - 502- CITY OF KITCI:IENER (h) Being a by-law to amend Chapter 560 of the City of Kitchener Municipal Code regarding Massagists and Body Rub Parlours 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 G. Lorentz as Chair. On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. Moved by Councillor G. Lorentz Seconded by Councillor John Smola "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 John Smola Seconded by Councillor K. Taylor-Harrison "That the by-laws listed on the agenda for third reading, namely: (a) (Cont'd) Carried. Being a by-law to close and retain part of a public highway known as Windrush Trail in the City of Kitchener (By-law No. 97-145) (b) (c) (d) (e) (f) (g) (h) Being a by-law to amend By-law No. 96-133 to extend the time for conveyance of part of a closed public highway being part of Forwell Road (By-law No. 97-146) Being a by-law to adopt Amendment No.11 to the Municipal Plan - Arts and Culture Policies - MPA 97/03/A/BN (By-law No. 97-147) Being a by-law to exempt certain lots from Part Lot Control - Blocks 46, 47, 50 and 51, Registered Plan 1826 - Stanmore Avenue and Glouchester Court (By-law No. 97-148) Being a by-law to exempt certain lots from Part Lot Control - Lots 1, 2, 3 and 4, Registered Plan 58M-31 - Brembel Crescent (By-law No. 97-149) Being a by-law to exempt certain lots from Part Lot Control - Block 24, Registered Plan 58M-31 -Brembel Crescent (By-law No. 97-150) To confirm all actions and proceedings of the Council (By-law No. 97-151 ) Being a by-law to amend Chapter 560 of the City of Kitchener Municipal Code regarding Massagists and Body Rub Parlours (By-law No. 97-152) SEPTEMBER ~9, 1997 COUNCIL MINUTES - 503- CITY OF KITCI:IENER 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 City approves and the Mayor and Clerk be authorized to execute an Option Agreement with lan Cook Construction Limited dated September 30, 1997 with respect to lands composed of Parts 4, 5, and 6 Ref. Plan 58R-10893, for a term of six (6) months effective September 30, 1997, renewable for one further six month term with an additional five (5) percent deposit. That Demolition Control Application DC 97/5/B/RM (Church of our Lord Jesus Christ) requesting approval for the demolition of a converted house located at 420 Bridgeport Road legally described as Part Lot 5 and Part Lot 59, German Company Tract be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. That the Ministry of Environment and Energy be requested to conduct such exploratory investigation as is necessary to ensure that there is no ground contamination from possible chemical seepage at the former Lang's Tannery, 231 Madison Avenue South, Kitchener, Ontario. That Council accept Planning and Development Staff Report PD 97/71 on residential vacancy rates in Kitchener for information and direct Staff to make the document available to Canada Mortgage and Housing Corporation (C.M.H.C.), the Ministry of Municipal Affairs and Housing, and those persons requesting information about the local housing market. That Council accept Planning and Development Staff Report PD 97~84 on condominium conversion for information; and further, That Council direct Staff to continue to take a permissive stance to the conversion of rental townhouses and apartments to condominium. That Council approve an expenditure of $10,000 from the Downtown Capital Account to purchase the equivalent of two university courses from the University of Waterloo which will provide the consulting services of Professor Trudi Bunting and Professor Pierre Filion and student resources as necessary for the survey research of the Inner City Housing Market Study. COMMUNITY SERVICES COMMITTEE - That we approve the request of the Country Hills Recreation Association for an in-kind grant for a maximum of 100 Kitchener Transit bus passes, to distribute to neighbourhood association volunteers who participate in the 1997 Santa Claus Parade. That no action be taken on the request of The Career Academy for a bus subsidy under the City of Kitchener Bus Pass Program. That we approve a one time grant for Just Between Us in the amount of $485.54, for use of the Rotunda on September 12, 1997, for a fund raising fashion show; and further, That the applicant be advised that a future grant will not be considered if the proceeds from the event are used to assist an organization which also receives City funding. (As Amended) That we approve the request of the Ontario-Quebec Marketplace Organizing Committee for an in- kind grant in the amount of $1,746.00 for bus transportation for their event to take place from October 1 - 3, 1997. COMMUNITY SERVICES COMMITTEE - (CONT'D) 5. That we approve the request of the 1997 Festival of Trees and Lights for an in-kind grant in the amount of $4,092.68 for use of the Rotunda from November 26 - December 1, 1997. SEPTEMBER ~9, 1997 COUNCIL MINUTES -505- CITY OF KITCI:IENER COUNCIL MINUTES SEPTEMBER ~9, 1997 - 505- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL That we approve the request of A Christmas Fantasy in Victoria Park for a grant in the amount of $5,166.00. That no action be taken on the request of the Waterloo County Board of Education for an in-kind grant in the amount of $605.68 for use of the Rotunda on December 5, 1997 for a graduation ceremony. That no action be taken on the request of the Central Frederick Neighbourhood Association for a cash grant in the amount of $500.00 to hire staff to develop an inventory of daytime and evening space within the neighbourhood. That no action be taken on the request of the Central Frederick Neighbourhood Association for a cost sharing agreement between them and the City of Kitchener for use of existing (known) space within the neighbourhood. 10. That no action be taken on the request of the Central Frederick Neighbourhood Association for a cash grant in the amount of $220.00/month ($2,640.00/year plus G.S.T.) to cover the cost of office space rental in the Community Resource Village. 11. That Parks and Recreation staff be directed to include, in the 1998 Operating Budget, provision to find a location, in Centre Ward, where the neighbourhood associations can have office space as well as programming space, and further, That staff investigate the needs of each neighbourhood association in Centre Ward, in this regard, and further, That staff report to Council in this regard at budget time. 12. That no action be taken on the request of the MENNO Singers for a grant in the amount of $7,550.00 for rental of the Centre in the Square in December 1997. 13. That no action be taken on the request of the Kitchener-Waterloo Opera for an in-kind facility rental grant in the amount of $1,684.77 for their use of the Rotunda on October 4, 1997, for the Annual K-W Opera Ball. 14. That we approve an in-kind grant to a maximum of $1,250.00, representing 50% of the cost of bus transportation for the Ontario District Fall Convention of the Barber Shop Quartets, being held in Kitchener from October 24 - 25, 1997. FINANCE AND ADMINISTRATION COMMITTEE - That the request of Mr. Brad Baumbach to relocate his business from 6 Moyer Place to 2271 Kingsway Drive be approved and Chapter 560 (Massagists and Body Rub Parlours) amended accordingly in the event he relocates before the end of 1997, all on the understanding that the new location meets the criteria for sexual/erotic body rub parlours recently established by Council: and further, That the above approval is subject to the applicant providing the Manager of Licensing with 3roof that the Licensing requirements, as well as Health, Planning, Building and Fire regulations have been met. That the following parcels of land be declared surplus to the City's needs and be transferred to the Regional Municipality of Waterloo for corner roundings and a road widening; FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) SEPTEMBER ~9, 1997 COUNCIL MINUTES -506- CITY OF KITCHENER COUNCIL MINUTES SEPTEMBER ~9, 1997 - 506- CITY OF KITCHENER 2. (Cont'd) REPORTS ADOPTED BY COUNCIL a) Part of Part 2, Registered Plan 401 and Part of Lots 7 and 8, Plan 396 at the corner of Duke Street West and Ontario Street North; b) Part of Lots 2, 3, 4, 10, 11, 12, 13, 14 and 15, Plan 394 at Charles Street East and Queen Street South; c) Part of Lots 19 and 20, Registered Municipal Compiled Plan 959, now designated as Part 8, Plan 58R-7039 at Fairway Road and Morgan Avenue. That the City of Kitchener hire an additional Technical Support Specialist for a maximum three year term, who will be responsible for the computer operations at the Fire Department and their initiatives with Computer Aided Dispatch (CAD) and Computer Aided Monitoring (CAM), with this position to be reviewed at the end of the term of employment. That Council approve the request of Mr. C. Vanezi for permission to relocate his hot dog cart from the City property at the corner of Otto and Frederick Streets to City owned lands at the entrance to the parking lot for Homer Watson Park on Wabanaki Drive, and that the 1997 Street Vendors By- law be amended accordingly; and further, That this approval apply only until the end of the current licence year at which time there is to be a review of any associated traffic problems prior to a decision on granting a 1998 licence at the new location. That the City of Kitchener renew its 1997/1998 Insurance Program with the Frank Cowan Company for a one year term expiring September 1, 1998 and for a premium of $1,570,520.00 plus applicable insurance tax of $113,596.00 as per the terms of the policies; and, That this renewal reflect increased deductibles representing a 4 per cent decrease in premium as follows: Errors and Omissions Property Boiler and Machinery 1996/1997 1997/1998 $25,000.00 $25,000.00 $25,000.00 $50,000.00 $50,000.00 $50,000.00 That the resulting $71,735.00 premium savings be added to the insurance reserve earmarked to fund potential future losses; and further, That the current extra expense coverage limit of $1,000,000.00/occurrence be increased to $5,000,000.00 for a $950.00 additional premium. That the City of Kitchener approve an expenditure of up to $45,500.00 to participate in the implementation of an insurance pooling arrangement with local municipalities in Waterloo Region. That $535,000.00 of debenture financing be approved for the Williamsburg Crematorium Project, with the term not to exceed ten years. That the Bethany Evangelical Missionary Church, 160 Lancaster Street East, be granted an exemption from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code during the staging of a Christmas Pageant in the Church parking lot the evenings of December 10, 11 and 12, 1997 in accordance with the written request of Reverend William Anderson, dated September 17, 1997. That the request of John Poole for permission to operate shoe shine locations on the sidewalk along King Street be referred to the Downtown Action Committee for comment, and further consideration be deferred to early in 1998 when the 1998 Street Vendors By-law is considered. COUNCIL MINUTES SEPTEMBER 99, 1997 - 507- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 10. That the Iocational criteria for sexual/erotic body rub parlours, be amended by adding the following; "h) That the lands upon which the establishment is located shall not include an existing residence." 11. That staff be directed to prepare draft by-laws to amend the current Refreshment Vehicles and Food Establishment By-laws in accordance with the information set out in the joint report of J. Koppeser and L. Pasternak dated September 18, 1997, subject to the following amendments; a) a 400 meter distance between refreshment vehicles; b) a 200 meter separation between places of refreshment and refreshment vehicles; and, That the draft by-law include a staged increase over a three year period with respect to the Restaurant/Place of Refreshment Licence; and further, That following enacting of the new by-laws, staff make application to the Province of Ontario for approval of a $200.00 set fine. 12. That no action be taken on the request of Mr. R. Potwarka for a tax refund for his clients, Mr. and Mrs. J. Staniewski of Unit 20, 20 Paulander Drive, Kitchener. 13. WHEREAS the population of the Province of Quebec voted against separating from Canada, both in 1980 and in 1995; AND WHEREAS the current government of Quebec has repeatedly reiterated its desire to hold yet another referendum on Quebec separation; AND WHEREAS there are many loyal Canadians in Quebec who, via resolutions of their local City Councils, have declared that it is their wish to remain part of Canada irrespective of any future referendum result; AND WHEREAS those City Councils have requested the support of Canadians outside of Quebec in their effort to remain Canadian; NOW THEREFORE BE IT RESOLVED that the Corporation of the City of Kitchener supports the initiatives of those municipalities in Quebec who have declared their intention to remain part of Canada irrespective of any future Province wide vote for separation; AND FURTHER THAT the Council of the Corporation of the City of Kitchener strongly urges the Government of Canada to join them in stating clearly and unequivocally that they support the right of federalist municipalities and regions within Quebec to remain part of Canada today and in the future, in accordance with the legal, moral, political, constitutional, and territorial obligations of our nation; AND FURTHER THAT copies of this resolution be forwarded to the Prime Minister of Canada, the Premier of Ontario, local M.P.'s and M.P.P.'s, the Regional Municipality of Waterloo and the Federation of Canadian Municipalities. 14. That a request for proposal to hire a consultant to review the City's job evaluation system be submitted to the Finance and Administration Committee for consideration at its meeting of October 20, 1997. COUNCIL MINUTES SEPTEMBER ~9, 1997 - 508- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That staff actively pursue the development of potential parking lot sites at Frederick and Lancaster Streets, King Street and Madison Avenue, and 828 King Street West (the former K-W Rotary Centre), and further, That the appropriate capital development funds for these three projects be included in the 1998 Capital Budget, and further, That a Downtown parking structure be identified in the later years of the 1998 Capital Budget. That parking be prohibited on the east side of Fife Avenue from Cambridge Avenue to Bruce Street, and further, That the Uniform Traffic By-law be amended accordingly. That alternating stop controls be installed on Arnold Street between Lancaster Street and Sereda Road, and further, That the existing controls be reversed to require east and west bound traffic on Arnold Street to stop at Clifton Road, and further, That the existing controls be reversed to require east and west bound traffic on Arnold Street to stop at Maple Avenue, and further, That the Uniform Traffic By-law be amended accordingly. That parking be prohibited from 8:00 a.m. to 6:00 p.m., Monday to Friday, on the east side of Betzner Avenue, from King Street East to Duke Street, and further, That the Uniform Traffic By-law be amended accordingly. That the capital funds in Index 935015 of $85,000.00, approved in 1997 for security cameras, be used in part ($30,000.00), to fund an Infra-Red Safety Door System on Kitchener Transit buses, and further, That capital funds be approved in 1998, 1999 and 2000 in the amount of $20,000.00, $50,000.00 and $56,000.00, respectively, to outfit Kitchener Transit buses with a no contract Infra-Red Safety Rear Door System. COUNCIL MINUTES SEPTEMBER 29, 1997 - 509 - 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 Council was in receipt of correspondence from Mrs. J. Koppeser, Manager of Licensing, with respect to the granting of two additional massagist licences. They were also in receipt of her report advising that as of September 15, 1997 seventy-six (76) applications for Massagist licences have been approved by Council. It was resolved: "That Ms. Paula Marie VanDyk be granted a Massagist licence for the year 1997." -and- "That Ms. Jennifer Struthers be granted a Massagist licence for the year 1997." -and- "That Ms. Carolina Garrido be granted a Massagist licence for the year 1997." Council was in receipt of correspondence from Mrs. J. Koppeser, Manager of Licensing, pertaining to three additional requests for refreshment stand licences. It was resolved: "That the Grainharvest Breadhouse be granted permission to operate a refreshment stand at the Willkommen Zentrum (Benton Street) from October 10-19, 1997, inclusive, provided that the necessary Licence and Health and Fire approvals are obtained." -and- "That Ontario Pork of 15 Waulron Street, Etobicoke, Ontario be granted permission to operate a refreshment stand selling sausage on a bun from their Supper Sizzling Adventure RV and vending cart at the corner of King & Frederick Street on the following days: October 9, 10, 11, 12, 13, 17 and 18, 1997 provided that the necessary Licence and health and Fire approvals are obtained." -and- "That Unique Coffee Services Inc. of 4-584 Colby Drive, Waterloo, be granted permission to sell gourmet coffee in front of either Kitchener Collegiate Institute, CKCO or King Edward School during the Oktoberfest parade on October 13, 1997, provided the necessary licence and Health and Fire approvals are obtained." -and- "That Our Place, 800 King Street East, Kitchener, be granted permission to operate a refreshment stand on October 18, 1997 at the Stanley Park Mall, 1005 Ottawa Street N, Kitchener, provided the necessary licence and Health and Fire approvals are obtained; and further, COUNCIL MINUTES SEPTEMBER 29, 1997 - 510 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 1. Licenses (Cont'd) That a nominal fee of $1 be applicable." -and- "That Van's Original Belgian Waffles Inc. be granted permission to operate a refreshment stand selling Belgian waffles on Benton Street (by the Oktoberfest Office) on the following days: October 10, 11, 12, 13, 18 & 19, 1997, provided the necessary licence and Health and Fire approvals are obtained." 2. Properties Eliqible for Tax Sale It was resolved: "That the Legal Department commence tax sale proceedings as defined by the Tax Sale Act, 1984, against the lands identified in a joint report from Olav den Ouden, Director of Revenue and Pauline Houston, Chief Financial Officer and City Treasurer, dated September 19, 1997." 3. Uncollectible Utility Accounts It was resolved: "That Uncollectible Utility Accounts amounting to $30,433.17 be written off against the Allowance for Doubtful Utility Receivables." 4. Minutes of Settlement - SOUTH WARD It was resolved: "That the Mayor and City Clerk be authorized to sign the "Minutes of Settlement" relating to the assessment appeal for 100 Gateway Park Drive, Kitchener, launched by The Home Depot of Canada and settled by the Regional Assessment Commissioner for Region #21 and the owner and their agent." 5. Reorqanization of Human Resources Division It was resolved: "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 further, That as a result of the above change, and effective September 15, 1997, Mr. Doug Paterson, the current Director of Human Resources, be placed at his former level of Job Grade 25, Step 4, with his current level of compensation to be "Pink Circled" according to the provisions of Salary Administration Policy #10, as revised by Council on September 29, 1997; and further, That the position not be subject to the Job Evaluation Process until six (6) months after this change has taken effect." 6. Tenders Dealt with under delegations. COUNCIL MINUTES SEPTEMBER ~9, 1997 - 511- CITY OF KITCI:IENER COUNCIL MINUTES SEPTEMBER ~9, 1997 - 511- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES SEPTEMBER 29, 1997 -511 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 7. Expanded Operations - Lester B. Pearson International Airport Council was in receipt of a City of Mississauga resolution adopted by its Council on September 10, 1997, and request for support. It was resolved: "That Kitchener City Council endorse City of Mississauga resolution No.253-97 adopted on September 10, 1997 and pertaining to the proposed removal of the current noise operating restrictions at Lester B. Pearson International Airport, particularly as they apply to night flight restrictions." Applications for Variances - Municipal Code, Chapter 630 (Fence) - FOREST AND CHICOPEE WARDS It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of September 16, 1997, recommending approval of Submission No.'s F 10/97 - Gerald & Noreen Braganza & F 11/97 - Frank Holl - Be Ratified and Confirmed." 9. Application for Variance - Municipal Code, Chapter 680 (Sign) - CENTRE WARD It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of September 16, 1997, recommending approval of Submission No. S 8/97 - City of Kitchener (Kitchener Memorial Auditorium) - Be Ratified and Confirmed." 10. Licensing Agreement - Lions Club of Kitchener (Queensmount Arena) Council was in receipt of a report from J. Shivas, City Solicitor, dated September 26, 1997 recommending the execution of a Licensing Agreement pertaining to the use of Queensmount Arena during Oktoberfest celebrations. It was resolved: "That the Mayor and Clerk be authorized to execute a Licensing Agreement dated September 10, 1997 to allow the Lions Club of Kitchener to use Queensmount Arena during Oktoberfest from September 27, 1997 to October 19, 1997 for rent in the sum of $7,500 plus G.S.T." 11. Sale of Raffle Tickets - Black Fund Development Inc. Council was in receipt of correspondence from J. Koppeser, Manager of Licensing, dated September 25, 1997, pertaining to a request from Black Fund Development Inc. for permission to sell raffle tickets in Kitchener, with proceeds to be used for research, patient care and medical equipment in Ontario. The correspondence notes the Grand River Hospital Foundation has no objections; however, St. Mary's Hospital is opposed to the request. COUNCIL MINUTES SEPTEMBER 29, 1997 - 512- CITY OF KITCI:IENER COUNCIL MINUTES SEPTEMBER 29, 1997 - 512- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL It was resolved: "That no action be taken on the request of Black Fund Development Inc., 102 Bloor Street West - Suite 1103, Toronto, requesting permission to sell raffle tickets in the City of Kitchener for a raffle to be held by Mount Sinai Hospital Foundation, St. Michael's Hospital Foundation, Toronto General Hospital Foundation and the Hamilton Civic Hospital Foundation." COUNCIL MINUTES SEPTEMBER 29, 1997 - 512 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 12. Lottery Licence - Kiwanis Club of Elmira Inc. Council was in receipt of correspondence from J. Koppeser, Manager of Licensing, dated September 25, 1997 recommending no objection to a lottery licence to conduct a bazaar in Kitchener. It was resolved: "That the City of Kitchener has no objection to a lottery licence being issued to the Kiwanis Club of Elmira Inc., P.O. Box 171, Elmira, N3B 2Z6, to conduct a bazaar at the Lyric Night Club in Kitchener, on October 10, 11, 17 & 18, 1997, provided that 25% of the proceeds are utilized in Kitchener." 13. Fire Dispatch Aqreement - Township of Wilmot Council was in receipt of correspondence from J. Shivas, City Solicitor, dated September 23, 1997 recommending execution of an agreement to provide fire dispatch service. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement dated April 1, 1997 with the Township of Wilmot to provide fire dispatch service for a term of five years commencing January 1, 1997." 14. Noise By-law Exemption - Cameron Street Reconstruction Council was in receipt of correspondence from J. Bayley, Design and Construction Engineer, dated September 29, 1997 recommending approval of a Noise By-law Exemption. It was resolved: "That the contractor(s) for the Cameron Street North Reconstruction from Samuel Street to Weber Street, City of Kitchener Contract T97-100, be exempted from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code (Article 6 - Construction Work) for the duration of reconstruction of underground services and the roadway within the municipal-right-of-way, plus other related activities beginning September 29, 1997 and concluding November 15, 1997, with this exemption to apply from 6 p.m. to 8 p.m., Monday to Friday, excluding statutory holidays." 15. Waiver of Selection Procedure Monarch Woods (Henry Sturm Greenway SEPTEMBER ~9, 1997 COUNCIL MINUTES -513- CITY OF KITCI:IENER COUNCIL MINUTES SEPTEMBER ~9, 1997 - 513- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL Improvements) Council was in receipt of correspondence from J. Bayley, Design and Construction Engineer, dated September 23, 1997 recommending waiver of the normal procedure for consultant selection and authorization of a consulting services agreement. It was resolved: "That the City of Kitchener waive its normal procedure for the selection of consultants and retain Harrington & Hoyle Ltd., of Cambridge, Ontario, as Landscape Architects to undertake the completion of final designs and contract administration for the improvements of the Henry Sturm Greenway within Monarch Woods; and further, That the Mayor and Clerk be authorized to execute a consulting services agreement with Harrington & Hoyle Ltd., Cambridge, for the completion of designs and contract administration for the above."