Loading...
HomeMy WebLinkAboutCouncil Minutes - 1997-11-24COUNCIL\1997-11-24 NOVEMBER 24, 1997 COUNCIL MINUTES CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillor M. Wagner. The meeting began with the singing of "O Canada" by the Grade 7 and 8 Choir from A.R. Kaufman Public School. Following the National Anthem, the Choir sang a Christmas Carol. Councillor C. Weylie thanked the members of the Choir for their rendition of the National Anthem and singing of a Christmas Carol. On motion by Councillor T. Galloway, the minutes of the regular meeting held on October 27, 1997 and special meetings held October 31 and November 17, 1997, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (1) Letter dated November 5, 1997 from the Honourable Michael D. Harris, Premier of Ontario, acknowledging receipt of Council's resolution regarding Charitable Gaming Clubs. Letter dated October 15, 1997 from Elizabeth Witmer, M.P.P., also acknowledging receipt of same. (2) Letter dated November 4, 1997 from the office of the Honourable Norm Sterling, Minister of Environment & Energy, responding to Council's resolution regarding the former Lang's Tannery at 231 Madison Avenue S, Kitchener. (3) Election Declarations and Results of November 10, 1997 Municipal Election from R.W. Pritchard, General Manager of Corporate Services & City Clerk. Mayor R. Christy presented a Certificate of Service to former Councillor Karen Redman, now Member of Parliament and took the opportunity to comment on the effects of her inspirational participation as a member of City Council. Mrs. Redman then made remarks on the valuable experience which she was fortunate to have as a member of Council. Councillor J. Ziegler, on behalf of all members of the 1995-1997 Council, presented a framed print to Mayor Richard Christy as a memento recognizing his service and leadership as Mayor for the past 3 years. Mayor Christy commented on the many special memories he has gained as a result of serving with this Council, which he believes achieved significant accomplishments. He stated that he was overwhelmed by the creativity and energy of members of the current Council and that he was leaving office with the feeling of deep satisfaction respecting the achievements of the past 3 years. Ms. Marlene Osmond appeared as a delegation to make a presentation and present a petition objecting to the almost nude murals displayed on the Grand Hotel at 6 Bridge Street West. She maintained that the murals were offensive and not appropriate for a family oriented neighbourhood and asked for their removal and replacement by something less offensive. Ms. Osmond indicated that the petition submitted contained signatures of over 500 people objecting to the murals. Finally, she asked that by-laws be changed to prevent a recurrence. In response to Councillor J. Ziegler, Ms. Osmond advised that the petitions were placed in several neighbourhood stores. Councillor John Smola briefly reviewed how the matter was dealt with by Council several weeks ago and stated that he would like it placed on the next agenda of the Finance and Administration Committee and that Ms. Osmond be notified of the meeting date and time. Mr. J. Shivas indicated that staff could respond on the matter for the December 8th Finance and Administration Committee meeting. He indicated that there would appear to be authority to change advertising requirements that would address the concern expressed by the delegation. Councillor T. Galloway raised the question as to whether or not there was any special financial tax treatment that could be applied in such instances. Moved by Councillor John Smola Seconded by Councillor G. Lorentz "That the submission and petition presented by Ms. Marlene Osmond to City Council, November 24, 1997, be referred to the December 8, 1997, meeting of the Finance and Administration Committee for further consideration, along with a report from the Legal Department addressing the City's authority in such matters." NOVEMBER ~4, 1997 COUNCIL MINUTES - 578- CITY OF KITCI:IENER Carried. 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 J. Ziegler questioned the outcome of Tender T97-113 for transit driver uniforms and Mr. L. Gordon advised that the two lowest bids both quoted material different than the specification in the tender. In response to Councillor Jake Smola, Mr. Gordon noted that tenders were requested from 44 potential suppliers but that, from the outset, staff had not expected a high number of responses. He pointed out that the specifications were the same as set out in the last tender considered for uniforms. Moved by Councillor J. Ziegler Seconded by Councillor T. Galloway "That Expression of Interest E97-109, Consultant Services - Schedule 'B' Class Environmental Assessment Huron Road Location Study, be awarded to MTE Consultants, Kitchener, at an upset fee of $68,270., plus G.S.T." - and - "That tender T97-113, Transit Driver Uniforms, be awarded to Anna's Career Apparel Inc. of Mississauga, Ontario, at their tendered price of $69,507.60 plus G.S.T. and P.S.T." Carried. Mr. Sid Marsden appeared as a delegation in regard to Clause #5 of the report of the Community Services Committee of this date, dealing with a recommendation for increases in the membership and green fees at the City's Golf Courses for the year 1998. Mr. Marsden indicated that he is appearing as a member of the executive and wished to speak to both the Committee recommendation and the revised fee proposals as outlined in a memorandum dated November 21, 1997, from the Department of Parks and Recreation. He then made a detailed presentation with regard to the percentage fee increases being experienced within membership categories under Option #1 and Option #2, as recommended in the Committee recommendation and compared them to the recommendation outlined in the November 21 st staff report. He pointed out certain discrepancies and suggested that equal treatment prevail and, in this regard, referred to the 8.7% and 10% increases within the recommendation of the Community Services Committee which were closer to the wishes of the membership that would provide for a more gradual increase in fees. Mr. T. Clancy briefly spoke to the matter and suggested that Council pass the recommendation of the Community Services Committee with a minor revision altering the weekend green fees to $28.00 from $29.00. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That Clause #5 of the report of the Community Services Committee of this date be adopted." A motion by Councillor J. Ziegler, seconded by Councillor T. Galloway, to revise the weekend green fee to $28.00 from $29.00 was accepted as a friendly amendment, as well as a further motion by Councillor Jake Smola, seconded by Councillor T. Galloway, directing the Department of Parks and Recreation to develop a fee policy based on an enterprise philosophy for presentation to the Committee by June 1998. Clause #5, as amended, was then put to a vote and Carried. Councillor Jake Smola suggested that both Beaverdale Golf Course and Brookfield Golf Course should be included as comparators respecting membership fee structure. Councillor T. Galloway commented that he was not sure that the two courses referred to were comparable with the group that staff have chosen but that staff could address the request. Ms. Crystal Helms appeared as a delegation in support of her sign request at 24 Eby Street, as outlined in correspondence dated November 18, 1997, from Mr. David Corks of the Downtown Development Team, as attached to the agenda. Moved by Councillor K. Taylor-Harrison Seconded by Councillor B. Vrbanovic COUNCIL MINUTES NOVEMBER ~4, 1997 - 579- CITY OF KITCI:IENER "That City Council allow the erection of a ground supported sign in front of the new Crystal's Tea Room and Artistic Creations at the property known municipally as 24 Eby Street in the Market Village district." Carried. Councillor M. Yantzi expressed surprise that the signage in this area was so restrictive given the development concept for the area that has been agreed upon. Mr. B. Stanley explained that the amendments to the Sign By-law for the downtown were rolled into the Urban Design Guidelines which are moving ahead more slowly than anticipated. Accordingly, he advised that staff have decided to extract the Sign By-law amendments from the Urban Design Guidelines and bring them forward to City Council for action. Mr. Steven Schmidt appeared as a delegation in regard to Clause #2 of the report of the Finance and Administration Committee of this date, dealing with a request of Mr. Randy Zivkovic to relocate the Annabella Body-Rub Parlour to 2922 King Street East, which was referred to the meeting this date for consideration. Mr. Schmidt advised that he acted for the owner of Annabellas and proceeded to refer to Council's earlier actions regarding its criteria established for the location of body-rub parlours. He advised that he was requesting exemption from the criteria and, as background, indicated that his client had undertook to find an alternate location that meets all of the requirements of the criteria but, after an extensive search, no property has been found. He indicated that their proposed location at 2922 King Street East does not meet 2 of the 7 criteria. Firstly, it does not meet the criteria prohibiting the parlour from abutting a residence; however, he noted that the residence in question does not have residential zoning and the owner has indicated no objection. Further, he advised that he had just been made aware this date, after reviewing a staff report from the Manager of Licensing, that the proposed location was 91.4 metres from an Institutional Daycare Centre and this does not meet the 100 metre distance separation criteria from such institutions. Mr. Schmidt suggested Council could deal with the issue of the criteria regarding the abutting residence and defer the 100 metre distance separation issue so as to allow him to consult with his client. Alternatively, he suggested Council could defer both and allow his client an extension in this matter. Councillor J. Ziegler commented that he could support a deferral of the request that would allow Mr. Schmidt's client to find an alternate location. Councillor T. Galloway was of the view that Council agree to take no action on the request and not grant a deferral. He stated that the intent of the by-law was clear as to Council's goal to reduce the number of body-rub parlours to two and there was no purpose in continuing to grant exemptions. Councillor J. Ziegler proposed a motion, seconded by Councillor Jake Smola, which it was agreed by Council would be split into two for purposes of voting. Moved by Councillor J. Ziegler Seconded by Councillor Jake Smola "That Clause #2 of the report of the Finance and Administration Committee of this date be amended to provide that no action be taken on the request of Mr. Randy Zivkovic for exemption from two (2) of Council's body-rub parlour Iocational criteria in connection with his request to relocate the Annabella Body-Rub Parlour to 2922 King Street East." Carried, Unanimously. The balance of the motion as moved by Councillor J. Ziegler, seconded by Councillor Jake Smola, to grant an extension of a time limit to December 8, 1997, for compliance by the Annabella Body-Rub Parlour to Council's location criteria for body-rub parlours, was voted on and LOST. Mr. Fred Heimbecker appeared as a delegation on behalf of the Phoenix Body-Rub Parlour, 2271 Kingsway Drive. He advised that, given the issues raised and the discussion that took place with respect to the previous delegation, he did not intend to make a presentation. 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 NOVEMBER ~4, 1997 COUNCIL MINUTES - 580- CITY OF KITCI:IENER adopted." Councillor T. Galloway referred to Clause #1 of the report dealing with the home business at 185 Palmer Avenue and indicated that he was of the understanding that there would be a delegation attending this meeting to make a presentation. He noted that Mr. Hudel, who had submitted the zone change application listed as Clause #4 of the report, had expressed a concern regarding the exemption given to the property owner in Clause #1, noting that other owners who follow the planning process were faced with delays as part of that process. Councillor J. Ziegler commented that Mr. Hudel had also spoken to him about the time delay he experienced and he had explained the reasons for delay of his application. The report was then put to a vote and Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee of this date be adopted." Voted on Clause by Clause. Clause #5 - Dealt with under delegations and Carried, As Amended. Balance of Report - 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 G. Lorentz referred to Clause #5 of the report and requested an explanation. Mr. J. Gazzola advised that there was concern that the issue include the community and, for that reason, he noted that he had requested the Legal Department to look into the possibility of setting up a Consultant Selection Committee, composed of the Mayor, Ward Councillor, Chief Administrative Officer and two representatives from the neighbourhood with one representing those residents directly affected and the other representative representing those indirectly affected by the issue. Mr. J. Shivas confirmed receipt of Mr. Gazzola's request but indicated that his initial reaction was that he would rather see the residents' involvement limited to providing input to the Committee. Further discussion took place and on motion by Councillor B. Vrbanovic, seconded by Councillor T. Galloway, Clause #5 was amended to establish the representation of the Consultant Selection Committee, in accordance with the recommendation of Mr. J. Gazzola. Mr. J. Shivas requested clarification as to the purpose of the committee after selection of the consultant and Councillor G. Lorentz noted that the role of the committee was limited to just the selection of a consultant. The report was then put to a vote. Voted on Clause by Clause Clause #2 - Dealt with under delegations and Carried, As Amended. Clause #5 - Carried, As Amended. Balance of Report - Carried. Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That the report of the Public Works and Transportation Committee of this date be adopted." Councillor T. Galloway referred to Clause #4 of the report dealing with parking on Arrowhead Crescent and noted that Mr. D. Snow was looking into the matter further. The report was then put to a vote and Carried. Councillor G. Lorentz requested that staff consider the possibility of placing a decorative ribbon around the box situated on the top floor of City Hall for the Christmas season and Mr. J. Gazzola was requested NOVEMBER ~4, 1997 COUNCIL MINUTES -581- CITY OF KITCI:IENER to deal with this suggestion. Councillor J. Ziegler referred to a memorandum from the Manager of Licensing dealing with license fees for places of refreshment and questioned the increased fees. He asked that staff advise how they determine the fee and provide a report as an information item for the December 8th Finance and Administration Committee meeting. Councillor J. Ziegler referred to a confidential report members of Council received concerning the City's Job Evaluation System and changes within the Department of Public Works. Councillor Ziegler stated that it was his understanding that before any changes were made they would be brought to Council for discussion in-camera and he requested assurance from Mr. J. Gazzola that this procedure would take place in future. Mr. J. Gazzola responded that, in his opinion, until the rules of the City's Job Evaulation System are formally changed, Council does not have a role to play within the System. Councillor Ziegler, emphasized that he wished to have the opportunity to discuss proposals for change and have questions addressed in the presence of all members of Council within an in-camera session. Mr. J. Gazzola again responded that he wished to keep the system moving and not delay change but that, if Council wished to have these matters brought before it in-camera, then he would arrange to do so. Councillor B. Vrbanovic advised that he had requested staff to look into the possibility of converting the weather beacon on City Hall into a flag pole and also placing flags at the former Goudies building. He requested a report at the December 8th Finance and Administration Committee meeting. Mayor R. Christy cautioned that the overall effect of the City Hall building be considered in respect to the suggestion by Councillor Vrbanovic. Councillor Vrbanovic also advised that he had previously requested consideration of the preparation, on a regular basis, of a list of outstanding issues referred to staff by Council. Councillor J. Ziegler questioned when a report would be completed on the matter of cash-in-lieu and letters of credit and, following discussion, Mr. J. Shivas agreed that it would be available for the December 8th meeting of the Finance and Administration Committee. Mayor R. Christy commented on the most recent Team Canada initiative and relayed a concern that has been expressed by Ernst & Young over the Canadian economy being tied too closely to the United States economy. As well, he also referred to the report from Team Kitchener which expressed a concern that the local economy was stagnating and action should be taken to address this stagnation. Accordingly, he suggested that future invitations extended by the Federation of Canadian Municipalities involving the promotion of the City and local areas should be looked at very seriously by City Council. Mayor R. Christy noted that the City's submission to the Health Services Restructuring Commission had been forwarded to the Commission and a copy tabled with Council this date. Councillor K. Taylor-Harrison expressed her personal appreciation to Mayor R. Christy for his activities in the support of urban renewal and the gains that had been made in Downtown Kitchener as a result of his leadership. Councillor G. Lorentz also expressed appreciation to Mayor Christy for his initiative to work with youth and involve them in the activities of the municipality during his term of office. Mayor R. Christy made a few final remarks reflecting on his term as Mayor and, in particular, referred to how appreciative he was to have served with this Council. Moved by Councillor Jake 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 exempt certain lots from Part Lot Control - Part Lot 7, Registered Plan 975 and Part Lot 52, Registered Plan 959 - Chicopee Park Court (b) Being a by-law to amend By-law 97-105, to close and sell part of Howe Drive in the City of Kitchener (c) Being a by-law to amend Chapter 680 of the City of Kitchener Municipal Code as adopted by By-law 88-100 NOVEMBER 24, 1997 COUNCIL MINUTES - 582- CITY OF KITCI:IENER (d) (e) 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 To confirm all actions and proceedings of the Council and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor R. Christy appointed Councillor T. Galloway as Chair. On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. Moved by Councillor T. Galloway Seconded by Councillor B. Vrbanovic "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 Jake Smola Seconded by Councillor K. Taylor-Harrison "That the by-laws listed on the agenda for third reading, namely: (a) (b) Carried. Being a by-law to exempt certain lots from Part Lot Control - Part Lot 7, Registered Plan 975 and Part Lot 52, Registered Plan 959 - Chicopee Park Court (By-law No. 97-175) Being a by-law to amend By-law 97-105, to close and sell part of Howe Drive in the City of Kitchener (By-law No. 97-176) (c) Being a by-law to amend Chapter 680 of the City of Kitchener Municipal Code as adopted by By-law 88-100 (By-law No. 97-177) (d) (e) 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 To confirm all actions and proceedings of the Council (By-law No. 97-178) (By-law No. 97-179) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. COUNCIL MINUTES NOVEMBER ~4, 1997 - 583- CITY OF KITCI:IENER On motion, the meeting adjourned. MAYOR CLERK PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - That the Department of Planning and Development be directed to waive enforcement of the Zoning By-law in respect to the meat processing business temporarily located as a home business in the basement of 185 Palmer Avenue up to May 17, 1999, unless a complaint is received from neighbouring residents or property owners, in which case the operators shall cease the use of 185 Palmer Avenue for meat processing no later than 30 days following receipt of written notification by the City of Kitchener of any such complaint having been received. 1) That City Council request the Departments of Planning and Development and Parks and Recreation to approach the requested requirement for the provision of a Community Garden in the site plans of high rise developments, by the incorporation of appropriate implementation provisions in the draft Urban Design Guidelines and Standards. 2) That City Council endorse the request of the Downtown Advisory Committee that appropriate City Staff working through the Planning Department, be directed to formulate a Community Garden Policy directed toward outlining the role that the City and its various Department could play in the facilitation of Community Gardens in the City. That Council approve the Proposed By-law attached to Staff Report PD 97~97, dated November 6, 1997 amending Chapter 680 (Signs) of the Municipal Code to permit businesses and institutional uses to erect non-accessory portable signs to advertise charitable organizations or events. That Zone Change Applications ZC 96/33/B/PB (Hudel Maintenance & Construction Ltd.) and ZC 97/4/B/PB (Dan Brown) requesting a change of zoning from Business Park Zone (B-l) and Business Park Zone, (B-l) with Special Use Provision 51U to Business Park Service Centre Zone (B-3) according to By-law 85-1 on lands legally described as Plan 1478, Lots 33, 34, 35 and 36, more particularly described as Parts 22, 23, 24 and 25, 58R-1111, be approved in the form shown in the "Proposed By-law" attached dated September 19, 1997, subject to the following conditions being satisfied prior to any readings of the By-law by Council: 1) That the Owner arrange for notification, by letter from the Regional Municipality of Waterloo to the City Clerk, indicating that all Regional requirements have been satisfied with respect to the proposed zone changes; 2) The Owner acknowledges that Condition 1 is required to be satisfied no later than 7 months from the day of Council having approved by resolution Zone Change Application 96/33/B/PB and ZC97/4/B/PB. In the event this requirement is not fulfilled within the 7 month period, Council shall consider rescinding its Zone Change approval. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. COMMUNITY SERVICES COMMITTEE - That Council endorse the transfer of $143,000.00 Capital funding in the 1998 Capital forecast from Major Equipment Fleet to Fire Station #7 and to a new project, Self Contained Breathing Apparatus upgrade. That the 1998 Fees and Charges for the Parks and Recreation Department, as contained in the report of Mr. R. Arnot, Assistant General Manager, dated November 14, 1997, save and except for Golf Course Fees and Charges, be approved. That Council approve $6,000.00 to assist with in-kind services for the 1997 Christmas Fantasy Tree Lighting Program in Victoria Park. That we approve the 1998 General Provision Grants schedule, as contained in the report of Mr. R. Arnot, Assistant General Manager, dated November 12, 1997. COMMUNITY SERVICES COMMITTEE (Cont'd) - 5. That the following membership and green fee increases be approved for the golf courses for 1998: (a) Option #1 Full Memberships be increased by 8.7% and Option #1 Restricted Memberships be increased by 10%; COUNCIL MINUTES NOVEMBER ~4, 1997 - 585- CITY OF KITCI:IENER COUNCIL MINUTES NOVEMBER ~4, 1997 - 585- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL (b) All Option #2 Memberships be increased by 10%; (c) Weekday green fees be increased to $25.00; weekend green fees be increased to $28.00; twilight weekday green fees be increased to $17.00 and twilight weekend green fees be increased to $20.00; and further, That the Department of Parks and Recreation be directed to develop a "fee policy" based on an enterprise philosophy for presentation to the Community Services Committee by June, 1998. (Dealt with under Delegations and Carried, as amended) FINANCE AND ADMINISTRATION COMMITTEE - That subject to meeting all licencing requirements, and obtaining the owner's permission, Brad Schedewitz be granted permission to locate his hot dog cart at Finest Sausage, 268 Trillium Drive, and in this regard a temporary, one year licence be granted and enforcement of the Zoning By- law waived for the one year period; and, That the applicant is advised that should he receive permission to continue to operate at the above location beyond the one year term, the owner of the subject lands will be required to submit an application to have said lands appropriately zoned; and further, That the Wabanaki Drive location be declared vacant and be reviewed in February when the 1998 Street Vendor's By-law is considered. That no action be taken on the request of Mr. Randy Zivkovic for exemption from two (2) of Council's body rub parlour Iocational criteria in connection with his request to relocate the Annabella Body Rub Parlour to 2922 King Street East. (Dealt with under Delegations and Carried, as amended) That staff be authorized to hire a full-time Workers' Compensation Claims Officer, to be financed from the Workers' Compensation Reserve Fund, to carry out the responsibilities outlined in correspondence from Mr. R. W. Pritchard, General Manager of Corporate Services and City Clerk, dated November 10, 1997. That City staff consult with staff of the Region of Waterloo who have expertise in the area of curatorial and preservation services in order to obtain an evaluation and advice on the possible re- use and/or preservation of the artifacts and furnishings used in previous City Hall buildings which are presently in storage and are itemized in the report of L. Proulx dated November 10, 1997; and further, That City staff also investigate the possible use of these materials within a City owned facility, either existing or planned. That Council accept, as information, the report of Heath Consultants Limited entitled "Summary of Technical Issues of the Ralgreen Subdivision" and dated October, 1997; and, That a copy of the summary report be hand delivered to each affected resident of Ralgreen Crescent and adjacent areas, with said residents being required to sign an acknowledgement of receipt; and further, FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 5. (Cont'd) That in regard to the selection of a consultant to complete the final stage of the process, provision NOVEMBER 94, 1997 COUNCIL MINUTES -586- CITY OF KITCI:IENER COUNCIL MINUTES NOVEMBER 94, 1997 - 586- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL be made to include input from affected residents; and further, That a Consultant Selection Team be established composed of the following: · Mayor · Ward Councillor · Chief Administrative Officer · 1 neighbourhood resident directly affected by the issue · 1 resident from the surrounding neighbourhood indirectly affected by the issue. (As Amended) That Council delegate to the Manager of the Kitchener Memorial Auditorium, and in his absence the Assistant Manager of the Kitchener Memorial Auditorium, the authority the sign the standard advertising agreement prepared by the Legal Department, dated October, 1997 pertaining to the rental of space for the placement of advertising on the outdoor electronic message centre located at the Kitchener Memorial Auditorium; and further, That in the event the advertiser requests changes to any condition of the standard advertising agreement, the agreement must be reviewed by the Legal Department, and if appropriate brought before Council. That in regard to the September 29, 1997 approval of Council respecting an exemption from the provisions from Chapter 450 (Noise) of the City of Kitchener Municipal Code to allow the Bethany Evangelical Missionary Church, 160 Lancaster Street East to stage a Christmas Pageant in the Church parking lot, the dates for such exemption be changed from December 10, 11 and 12, 1997 to December 11, 12 and 13, 1997. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That parking be prohibited on the east side of Hofstetter Avenue from King Street East to a point 120 metres south thereof, and further, That the Uniform Traffic By-law be amended accordingly. That parking be prohibited on both sides of Obermeyer Drive, from Kinzie Avenue to a point 50 metres west thereof, 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 Clarence Place, from Lancaster Street to Gordon Avenue, and further, That the Uniform Traffic By-law be amended accordingly. That parking be prohibited on the north/west side of Arrowhead Crescent, from a point 213 metres south of Green Valley Drive (east intersection) to a point 265 metres west of Green Valley Drive (east intersection), and further, That parking be prohibited on the north/east side of Arrowhead Crescent, from a point 107 metres south of Green Valley Drive (west intersection to a point 156 metres east of Green Valley Drive (west intersection), and further, That the Uniform Traffic By-law be amended accordingly. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) NOVEMBER 24, 1997 COUNCIL MINUTES -587- CITY OF KITCI:IENER COUNCIL MINUTES NOVEMBER 24, 1997 - 587- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL That the City of Kitchener Traffic and Parking Division continue to administer the costs for on- street traffic and parking controls for special events, and further, That the City of Kitchener Special Event Traffic Maintenance Budget (Index 950710) for 1998 be set at $10,000.00, and further, That this budgeted amount be used for required on-street traffic and parking controls only for special events. That the City acquire a registerable easement for nominal consideration from Maple Leaf Foods Ltd. over Part 2, Plan 58R-10568, for storm sewer purposes, all to the satisfaction of the City Solicitor. COUNCIL MINUTES NOVEMBER 24, 1997 - 588 - 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 CHIEF ADMINISTRATIVE OFFICER - 1. Licenses Councillor C. Weylie questioned if the full annual fee was assessed for massagist licenses that Council grants late in the calendar year. Mr. J. Gazzola advised that staff would provide Council with a response to this question. It was resolved: "That Ms. Dawn-Marie Miller be granted a Massagist licence for the year 1997." -and- "That Ms. Eva Janzen be granted a Massagist licence for the year 1997." -and- "That Ms. Tiiu Reinau be granted a Massagist licence for the year 1997." -and- "That Ms. Rhonda Jean Halley be granted a Massagist licence for the year 1997." -and- "That Ms. Tracey Taibinger be granted a Massagist licence for the year 1997." 2. Approved Subsidy for Home Support Services It was resolved: "That the Mayor and Clerk be authorized to execute the legal agreement between Her Majesty the Queen in right of Ontario, as represented by The Ministry of Health and The Corporation of the City of Kitchener under the Home Support Services for the Elderly Program for he period January 1, 1997 to December 31, 1997, in the amount of $167,591 ." 3. Payment Arranqement - 255 Kinq Street West (Kinq Centre) - VICTORIA PARK WARD Councillor Jake Smola commented that he was supportive of the recommendation based on the intent expressed at the end of the recommendation. It was resolved: "That Council endorse the halting of tax sale proceedings and the payment arrangement for tax arrears with respect to 255 King Street West (King Centre) as recommended by the Chief Financial Officer, in order to allow the tax liability to be paid off in a manner favourable to the City, while at the same time facilitating revitalization of a Downtown property." COUNCIL MINUTES NOVEMBER ~4, 1997 - 589- CITY OF KITCI:IENER COUNCIL MINUTES NOVEMBER ~4, 1997 - 589- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES NOVEMBER 24, 1997 - 589 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 4. Human Resources Division Reorqanization It was resolved: "That Council endorse recommended by R.W. Clerk, which will result managerial positions." the reorganization of the Human Resources Division, as Pritchard, General Manager of Corporate Services and City in a reduction in both staff complement and the number of 5. Storm Sewer Easements - CENTRE WARD It was resolved: "That the City accepts an offer from Anita and William Rochon to transfer a permanent easement for a storm sewer under Part of Lot 89, Plan 351 at 253 Melrose Avenue, for the consideration of reconstruction and refinishing the owners' asphalt driveway, their reasonable legal costs and the cost of a new reference plan." -and- "That the City accepts an offer from Donna and William Kerhonan to sell to the City for $500. a permanent easement for a storm sewer under part of their property known as 257 Melrose Avenue, plus reasonable legal costs and a new reference plan." Application for Variance - City of Kitchener Municipal Code, Chapter 680 (Si.qn) - SOUTH WARD It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of October 28, 1997, recommending approval of Submission No. S 9/97 -City of Kitchener (Country Hills Community Centre) - Be Ratified and Confirmed." 7. Tenders The tenders were dealt with under Delegations. 8. Massaqist Licences The Committee was in receipt of memoranda dated November 20 & 21, 1997 from the Manager of Licensing. It was resolved: "That Ms. Elena Couto be granted a Massagist Licence for the year 1997." -and- "That Ms. Cynthia Gmelin be granted a Massagist Licence for the year 1997." COUNCIL MINUTES NOVEMBER ~4, 1997 - 590- CITY OF KITCI:IENER COUNCIL MINUTES NOVEMBER ~4, 1997 - 590- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL 9. Confirmation of Compliance re: Deed Restrictions The Committee was provided with a copy of a memorandum dated November 24, 1997 from Mr. J. Shivas, advising that the City was in receipt of a request for confirmation that 41 Shoemaker Street complies with the restrictions contained in the original deed from the City. Mr. Shivas' memorandum details the status of the property. COUNCIL MINUTES NOVEMBER 24, 1997 - 590 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 9. Confirmation of Compliance re: Deed Restrictions (Cont'd) It was resolved: "That the City confirm that as of November 24, 1997 the property described as Part 7 on Reference Plan 58R-5456 and municipally known as 41 Shoemaker Street complies with the restrictions set out in the Schedule to Instrument No. 887046; and further, That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all rights of the City contained in paragraph 2. of the Schedule to Instrument No. 887046 respecting Part 7 on Reference Plan 58R-5456 and municipally known as 41 Shoemaker Street, Kitchener."