Loading...
HomeMy WebLinkAboutCouncil Minutes - 2001-05-07COUNCIL MINUTES MAY 7, 2001CITY 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 Maria Heemskirk, King School of Vocal. On motion by Councillor G. Lorentz, the minutes of the regular meeting held April 23, 2001, and special meetings held April 23 and 30, 2001, as mailed to the Mayor and Councillors, were accepted. It is noted for the record that pursuant to Section 25.8.9 of Chapter 25 (Council Procedure) of the Municipal Code, Councillor J. Smola disclosed a pecuniary interest relative to a labour relations matter at an in-camera meeting of City Council held April 30, 2001. COMMUNICATIONS REFERRED DIRECTLY TO FILE – (a)Correspondence dated April 26, 2001 from Hon. John Snobolen, Minister of Natural Resources, acknowledging receipt of Council’s resolution concerning repairs to the Conestoga Dam. (b)Correspondence dated May 1, 2001 from P. Vanini, Director of Policy and Government Relations, Association of Municipalities of Ontario, acknowledging receipt of Council’s resolution concerning the timing for implementation of standardized tax billing. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler Forwell Limited, “That Tender T00-042 – Supply of Hot Mix Asphalt, be awarded to Kitchener Kitchener Asphalt Limited, Kitchener and at their tendered unit prices. “ - and - Tri City Readymix Ltd., “That Tender T01-047, Ready Mix Concrete, be awarded to Kitchener at their tendered price of $124,560., plus G.S.T. & P.S.T.” - and - “That Tender T01-049, Block Line Road Extension and Servicing Easement (Homer Watson E. & E. Seegmiller Ltd., Kitchener Boulevard to Hanover Street), be awarded to at their tendered price of $1,184,348.76, including Provisional Items, a Contingency of $36,245., and G.S.T.” - and - “That Proposal P01-043, Repairs to Trunk Sanitary Sewer Crossing the Grand River in the Clearway Construction Inc., Concord, Former Village of Bridgeport East, be awarded to Ontario at their proposed price of $209,185., including G.S.T.” Carried. Mr. R. Brown appeared as a delegation on behalf of the Canadian Association of Retired Persons – Golden Triangle Chapter, in opposition to Clause 1 of the Finance and Administration Committee report, concerning a liquor licence application for the Metropolis Nightclub. He stated that the Chapter strongly opposes any new liquor licence or continuation of the current licence and expressed the opinion there are too many bar facilities in the Downtown. He suggested that a viable community requires a proper mix of land uses and there is need to develop a vision for the Downtown. He requested further public consultation before a decision is made and urged Council to defer consideration of the recommendation. Mr. D. Moore appeared on behalf of the Metropolis Nightclub in support of Clause 1 of the Finance and Administration Committee report to withdraw Council’s objection to the proposed liquor licence application. He advised that the original proposal of 400 seats had been reduced to 240 in response to initial concerns over increased capacity. He stressed that under the revised proposal there would COUNCIL MINUTES MAY 7, 2001176CITY OF KITCHENER - - be no increase in liquor licence capacity in the Downtown; existing capacity will be maintained by redistribution of seats and separate licences for the Metropolis Nightclub and the King Street Pub & Grill. Mr. Moore expressed the opinion that an equitable compromise had been reached and issues of concern had been positively addressed, and asked for Council’s support of the Committee recommendation. Councillor J. Ziegler commented that the conditions agreed upon by the owners of the Nightclub addressed the City’s concerns and it was his opinion no better result could be achieved. Mayor C. Zehr advised that Council does not have direct influence over the decisions of the Alcohol and Gaming Commission of Ontario and is only in a position to provide comment. He expressed the opinion that the revised proposal represents a significant step forward, in that there will be no additional liquor licence capacity added to the Downtown. Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway “That Clause 1 of the Finance and Administration Committee report be adopted.” Carried. Ms. M. Linington appeared as a delegation regarding Clause 7 of the Public Works and Transportation Committee report, concerning installation of traffic control lights at the intersection of Kingswood Drive and Block Line Road. Ms. Linington advised that she, together with other area neighbours, are of the opinion that this is a dangerous intersection in urgent need of traffic lights and while she appreciated the Committee’s recognition of these concerns, she urged Council to reconsider the proposed timing of installation and move the project up to 2001 from 2002. Councillor J. Ziegler expressed support for Ms. Linington’s request, noting that this has been an ongoing problem for several years. He pointed out that installing traffic lights at this intersection could also help to address concerns at the intersection of Block Line Road and Country Hill Drive, and requested Council’s support for installation of the lights in 2001. Councillor Ziegler pointed out that even though installation would occur in 2001, the costs could still be charged to the 2002 budget. Council then entered into a brief discussion relative to financing of the project and Ms. P. Houston suggested that funding be taken from the Capital Contingency Fund rather than as a first charge on the 2002 Capital Budget. In response to questioning, Mr. S. Gyorffy advised that staff support installation of the lights; however, recognized there would be budget implications relative to other projects which Council would have to consider. Clause 7 of the Public Works and Transportation Committee report was moved by Councillor J. Smola, seconded by Councillor B. Vrbanovic. Councillor Vrbanovic subsequently accepted a friendly amendment from Councillor Ziegler to fund installation in 2001 with money from the 2001 Capital Contingency Fund. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic “That Clause 7 of the Public Works and Transportation Committee report be adopted, as amended.” Carried. Ms. Maureen Atkinson, Senior Planner, Urban Marketing Collaborative, appeared as a delegation to present the findings of the Public Consultation Process for the new Kitchener Market. Council was in receipt of the study document entitled ‘Kitchener Market – Public Consultation Process (April, 2001)’. They were also in receipt this date of an executive summary dated May, 2001. Ms. Atkinson acknowledged the participation of Green Scheels Pidgeon Planning Consultants and Snider Reichard & March Architects in the consultation process. Ms. Atkinson stressed at the outset that the study focused on public input relative to a new market rather than its economic viability and sought reactions based on the function, form, ownership and operation of the new Market. Highlights of Ms. Atkinson’s presentation included: COUNCIL MINUTES MAY 7, 2001177CITY OF KITCHENER - - · outline of process including participants, telephone information line, launch of website with link to City’s website, public display boards, 188 surveys returned, media interviews, 2 town hall meetings, 16 roundtable discussions with 95 participants and 2 smaller design charettes; · input suggests strong support to develop a new market; consensus that it must work as a market first and be rooted in the community (local vendors/residents, integration with neighbourhood, multi-culturalism and social gathering location); small minority opposed to proposal based on financing and sustainability of a new market; · suggested features of the market including a desire for open space; interfacing on all four streets; transparency to draw people off the street; urban context and reflect heritage; more operating days; sufficient parking to attract Regional residents together with alternatives such as shared parking, bike racks, shuttle buses and additional transit services; and integration with Market Village and King Street. Ms. Atkinson expressed the opinion that the issue of a new market will be subject to very emotional discussions and a single solution to satisfy all concerns and suggestions will be extremely difficult. She reviewed the study groups recommendations which included: · continuing to involve the community; · proceed to develop a business plan based on the issues identified through the public input process; · determine the optimal fit in regard to ownership, management and building structure, recognizing that input suggests strong support for the City retaining ownership of the market component with exploration of various management options · proceed with conceptual design to test size alternatives, how components will interact and how the market will relate to the neighbourhood. In response to questions, Ms. Atkinson expressed concern over recent comments in the media by other experts, questioning their knowledge and understanding of the existing market and the opportunities. She further stated that while it is not essential, it can be beneficial to have local media support. Ms. Anna Zyzniewski appeared as a delegation and as a resident of the Downtown, expressed the opinion a new market operating on a daily basis would not be sustainable as most people shop only once a week. She further expressed the opinion that it would be difficult to attract additional farmers. Ms. Zyzniewski commented that she enjoyed the existing market and suggested that efforts be concentrated on filling vacant space in the Market Square Shopping Centre. Mayor Zehr pointed out that Market Square is a privately owned facility and Council has no control over the filling of vacant space in this facility. He further pointed out that the City currently leases space from the Mall owners for the existing market, which expires in 2003. In advance of the lease expiring, Mayor Zehr advised that Council has initiated this process to determine what course of action will be taken with regard to the market. In response to questions, Mr. F. Pizzuto advised that the public consultation process is presented as information only at this time and it is staff’s intention to proceed to the next phase involving research, review and planning to determine viability of the project. Mr. Pizzuto further advised that it is anticipated a report outlining a detailed plan will be brought forward to the Community Services Committee for consideration in approximately one month. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola “That Council receive the Kitchener Market Public Consultation Process Report dated April, 2001, prepared by Urban Marketing Collaborative as information and refer the matter to staff for review and a report to a future Community Services Committee meeting.” Carried. COUNCIL MINUTES MAY 7, 2001178CITY OF KITCHENER - - Moved by Councillor C. Weylie Seconded by Councillor M. Galloway “That City Council approve the terms and conditions contained in a Memorandum of Settlement dated April 19, 2001, in connection with the 2001-2003 Collective Agreement with I.B.E.W. Local 636; and further, That the Mayor and Clerk be authorized to execute any documentation arising therefrom.” Carried. Ms. Jodie Desbiens appeared as the owner of a local escort service and in response to recent comments in the media associating the business with ‘call girls’. She wished to clarify that her business is a legal operation and is strictly a dating service. She advised that her employees are not permitted to sell services of a sexual nature. Ms. Desbiens referred to other escort businesses providing in-call services and suggested these businesses do offer services of a sexual nature and should be shut down. She requested that Council give serious consideration to licensing escort services; principally as a deterent to defrauding social assistance and other publicly funded programs. Mayor C. Zehr advised that he has been in contact with the Chief of Police to discuss the issue of escort services and, Police are now aware of the concerns raised. He further advised that discussions on the licensing of escort services are underway and a report will be brought forward for consideration at a future date. 1.Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler “That the report of the Planning and Economic Development Committee be adopted.” Carried. 2.Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic “That the report of the Community Services Committee be adopted.” Carried. 3.Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway “That the report of the Finance and Administration Committee be adopted.” Voted on Clause by Clause. Dealt with under Delegations and Clause 1 – Carried. Carried. Balance of report – 4.Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic “That the report of the Public Works and Transportation Committee be adopted.” Councillor B. Vrbanovic pointed out that the deferral date referred to in Clause 2 of the report was to be June 4 rather than May 14, 2001 and it was generally agreed to amend the clause accordingly. Voted on Clause by Clause. Carried, as Amended. Clause 2 – COUNCIL MINUTES MAY 7, 2001179CITY OF KITCHENER - - Dealt with under Delegations and Clause 7 – Carried, as Amended. Carried Balance of report – Councillor M. Galloway requested a progress report for consideration at the June 4, 2001 Community Services Committee meeting relative to timelines for the main building at the Peter Hallman Ball Yard. Mr. F. Pizzuto advised that tenders have just been returned for review and agreed to provide an update on June 4, 2001. Mayor C. Zehr noted calls normally received this time of year concerning roadside litter and advised that he would be discussing with staff ways to educate the public relative to littering and would bring this matter forward for discussion at a later date. In response to a question from Councillor G. Lorentz, Mr. Pizzuto advised that the Graffiti Hotline is up and running and staff are continuing to clean up sites as they are identified. Mayor Zehr provided a brief update on the following Regional issues: · establishment of a policy on threshold rates resulting in a shift from multi-residential/ commercial and industrial to residential assessment, with the Province looking for more shift in this regard; · interim report on transit system indicates ridership is not increasing as hoped for and changes will be considered; · intentions of Province to download responsibility for communal wells; primarily affecting Townships. Council agreed to the request of Mr. G. Sosnoski to add two by-laws for three readings this date, dealing with an amendment to Chapter 101 of the Municipal Code respecting appointment of a By-law Enforcement Officer and a by-law to indemnify employees and Councillors. 5.Moved by Councillor J. Ziegler Seconded by Councillor J. Smola “That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Robert Witter – Lawrence Avenue. (b)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Franklin Street South – City Initiated. (c)To further amend By-law 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (d)To further amend By-law 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (e)To further amend By-law 88-172 being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (f)To further amend By-law 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (g)To further amend By-law 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (h)Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code regarding Appointments – Staff Provincial Offences Act. (i)Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding Enforcement. (j)To confirm all actions and proceedings of the Council. COUNCIL MINUTES MAY 7, 2001180CITY OF KITCHENER - - (k)Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the Appointment of Staff. (l)Being a by-law to provide for the protection, defence and indemnification of employees and Councillors of the Corporation of the City of Kitchener against liability incurred while acting on behalf of the Municipality. 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 C. Zehr appointed Councillor G. Lorentz as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. 6.Moved by Councillor G. Lorentz Seconded by Councillor J. 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.” Carried. 7.Moved by Councillor J. Ziegler Seconded by Councillor J. Smola “That the by-laws listed on the agenda for third reading, namely: (a)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Robert Witter – Lawrence Avenue. (By-law No. 2001-82) (b)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Franklin Street South – City Initiated. (By-law No. 2001-83) (c)To further amend By-law 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2001-84) (d)To further amend By-law 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law No. 2001-85) (e)To further amend By-law 88-172 being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (By-law No. 2001-86) (f)To further amend By-law 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2001-87) COUNCIL MINUTES MAY 7, 2001181CITY OF KITCHENER - - (g)To further amend By-law 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2001-88) (h)Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code regarding Appointments – Staff Provincial Offences Act. (By-law No. 2001-89) (i)Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding Enforcement. (By-law No. 2001-90) (j)To confirm all actions and proceedings of the Council. (By-law No. 2001-91) (k)Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the Appointment of Staff. (By-law No. 2001-92) (l)Being a by-law to provide for the protection, defence and indemnification of employees and Councillors of the Corporation of the City of Kitchener against liability incurred while acting on behalf of the Municipality. (By-law No. 2001-93) be taken as read a third time, be finally passed and numbered serially by the Clerk.” Carried. On motion, the meeting adjourned at 8:30 p.m. MAYORCLERK COUNCIL MINUTES MAY 7, 2001182CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 1.That Zone Change Application ZC 01/05/F/GR (26 Franklin Street South - Waltenbauer Wood Products) requesting a change in zoning from Residential Four Zone (R-4) to Service Commercial Zone (C-6) on lands legally described as Part of Lot 140, Registered Plan 254, municipally known as 26 Franklin Street South, be approved in the form shown in the attached “Proposed By-law”, dated March 29, 2001, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City’s Municipal Plan. 2.That Business and Planning Services report BPS-01-047 (Annual Analysis of Kitchener Residential Vacancy Rate Statistics) be received as information. 3.That Zone Change Application ZC 00/39/L/BS (292 Lawrence Avenue - Robert Witter) requesting a change in zoning from Industrial Residential Zone (M-1), with Special Use Provision 53U to Industrial Residential Zone (M-1), with Special Use Provisions 53U and 293U, on lands legally described as Lot 74 and Part of Lot 73, Registered Plan 786, municipally known as 292 Lawrence Avenue, be approved, in the form shown in the attached “Proposed By-law”, dated March 19, 2001, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City’s Municipal Plan. 4.That consideration of Business and Planning Services report BPS-01-057 dealing with Zone be Change Application ZC 00/36/O/SV (1285 Ottawa Street South - Glen and Martha McNeil) deferred and referred to the May 14, 2001 Planning and Economic Development Committee meeting so as to allow staff to discuss concerns with the applicant and review alternative approaches to address these concerns within the draft proposed zoning by-law. 5.That a 3 month extension to July 30, 2001 be granted respecting the conditional approval for Zone Change Application 97/5/W/PB (350 Westmount Road West - Sunoco Inc.). 6.Whereas the matter of Educational Development Charges (EDC’s) is a fundamental urban planning issue with a potential to negatively impact the rejuvenation of the downtown; and, Whereas the municipality does not wish to be put in a position of having to exhaust legal recourse in respect to EDC’s; That the Council of the City of Kitchener strongly urges the two District School Boards to effectively provide an exemption from the payment of EDC’s to the core area (downtown) and re-affirms its strong position relative to EDC’s as follows: That the lands within Kitchener’s downtown, as designated in the City’s Municipal 1) Plan and as shown on the map attached, be exempted from the imposition of Educational Development Charges by both Waterloo Region District and Waterloo Catholic District School Boards consistent with exemptions contained in the City’s Development Charge By-law and the Region’s Development Charge By-law ; 2)That the City of Kitchener supports the proposal by the School Boards to not impose educational development charges on commercial, industrial or institutional development and impose EDC’s only on new residential development; 3)That both School Boards be requested to consider an ‘effective’ date for Education Development Charge By-laws which will allow for appropriate phasing in and Such date should be implementation of EDC’s by the affected municipalities. discussed and agreed to by the Boards and Municipal staff immediately prior to the adoption of each by-law by each School Board; 4) That a formal process to deal with complaints regarding Education Development Charges under Section 257.85 be developed with each School Board to ensure that staff and resource support is available to the City in the event a formal complaint is COUNCIL MINUTES MAY 7, 2001183CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT’D) 6.Cont’d received regarding Education Development Charge, particularly in the event of an appeal to the Ontario Municipal Board; and further, That the position of Council be forwarded again to the Waterloo Region District School Board and the Waterloo Catholic District School Board, as well as to the Cities of Waterloo and Cambridge, and the Region of Waterloo. COMMUNITY SERVICES COMMITTEE – 1.That an expenditure of $12,000. be approved to remove the backstop and benches, re-sod the infield and install a mini soccer field in the field area of Sandhills Public School, to be paid from the General Sportsfield Upgrading capital account. 2.That a grant of $10,000. be approved to assist the Kingsdale Safe and Sound Committee, Kingsdale Neighbourhood Association and House of Friendship with staffing costs to operate the Kingsdale Community Portable from June to December 2001. 3.That subject to the satisfaction of the City Solicitor, approval be given to extend the food and beverage contract with Browns Fine Foods, effective June 1, 2001 on a month to month basis, until a new food and beverage provider is contracted; with Browns Fine Foods to receive $5,000. per month over and above approved expenses during the extension period. 4.That the 50th Anniversary Committee be permitted to install two plaques in the Kitchener Memorial Auditorium Complex in memory of Bob Crosby and Gib White. 5.That Andrew Wright be named the 2001 Artist in Residence, as recommended by the Public Art Committee; and further, That the Mayor and Clerk be authorized to execute a licensing agreement with Andrew Wright for use of City Hall facilities in a form satisfactory to the City Solicitor. 6.That installation of the final commission of the 2000 Artist in Residence, Melissa Doherty, at the main branch of the Kitchener Public Library, as recommended by the Public Art Committee, be approved; and further, That the Mayor and Clerk be authorized to execute an agreement(s) with Melissa Doherty and the Kitchener Public Library, in a form satisfactory to the City Solicitor. 7.That the Mayor and Clerk be authorized to execute a Letter of Understanding with the Centreville Chicopee Community Association, in a form satisfactory to the City Solicitor, for the provision of comprehensive general liability insurance coverage to a maximum of $5M, for the Centreville Chicopee Youth Recreation Pilot Project. FINANCE AND ADMINISTRATION COMMITTEE – 1. That Kitchener City Council withdraw its opposition to the issuance of a liquor licence for the Metropolis (File No. 804132) to permit the serving of alcohol on an outdoor patio fronting on King Street, and that staff be instructed to so advise the Board of the Alcohol and Gaming Commission of Ontario, provided the applicant(s) comply with the conditions set out in correspondence to Tony DiBattista dated April 12, 2001; and, That, in the event the Board of the Alcohol and Gaming Commission of Ontario and/or the AGCO decides that any of the conditions to the licences set out in the correspondence dated April 12, 2001 shall not be conditions attached to the licences, that those conditions shall be added to the Conditions Precedent Agreement conditions; and further, COUNCIL MINUTES MAY 7, 2001184CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE – (CONT’D) 1.(Cont’d) That the above is subject to revision of condition B3 to stipulate that the Metropolis shall have a completely independent and separate entrance from the licensed establishment at 125 King Street West (the King Street Pub & Grill) and shall have no internal connection to the Metropolis and be subject to fire exit requirements. (Dealt with under Delegations and Carried.) 2. That the application for an exemption to Chapter 408, Animal – Regulations of the City of Kitchener Municipal Code by Mr. Savo Cupic be refused. 3. That the Partnership Walk Committee be granted permission to sell food in Victoria Park during the Partnership Walk on May 27, 2001, provided the necessary licence, including Health and Fire approvals, is obtained; and further, That this event be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code, relative to the Victoria Park location between the hours of 10:00 a.m. and 3:00 p.m., and at Civic Square between 11:00 a.m. and 3:00 p.m. 4. That the request of Robertson Amusements for permission to operate a midway on the vacant lot at the corner of Strasburg Road and Ottawa Street South next to the Fire Hall, May 9-13, 2001, be denied for the following reasons: · safety issues relating to children crossing Ottawa Street South · lack of adequate parking · similar operations being approved in the last two weeks of April at a neighbouring site. 5. That Council approve the request of Habitat for Humanity for a grant of $1845.95 which represents the amount equal to the municipal development charges and building permit fees for 487 Bankside Drive. 6. That Council enact an Indemnification By-law at the May 7, 2001 Council meeting in the form appended to Legal Department report LEG-01-038, dated April 20, 2001, to provide for the protection, defence and indemnification of employees and Councillors of The Corporation of the City of Kitchener against liability incurred while acting on behalf of the municipality. 7. That Council adopt the draft policy resolution, “Purchasing – Terms and Conditions of Confidentiality” as appended to Legal Department report LEG-01-045, dated April 25, 2001 and that the same be added to the City’s Policy Manual under Part I, Administration. PUBLIC WORKS AND TRANSPORTATION COMMITTEE – 1. That Council approve the preferred design and location for the Block Line Road extension as presented at the Public Information Centre on June 13, 2000, and as further outlined in a Public Information Package distributed on September 8, 2000; and, that the Schedule ‘C’ Class Environmental Assessment Study report for this project be filed with the City Clerk for the mandatory 30 day public review. 2. That consideration of Public Works Department report PW-01-043 (Traffic Control – Lackner be deferred and referred to the June 4, 2001Public Works and Transportation Boulevard) Committee meeting to allow discussions to be undertaken with area residents. (As Amended) COUNCIL MINUTES MAY 7, 2001185CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE – (CONT’D) 3. That parking be prohibited at anytime on the east side of Block Line Road, from Westmount Road East to its south limit; and, That parking be prohibited at anytime on the west side of Block Line Road from Westmount Road East to a point 65 m south thereof and from a point 100 m south of Westmount Road East to its south limit; and, That parking be prohibited on both sides of Highbrook Street, from Block Line Road to Highbrook Crescent (west intersection); and further, That the Uniform Traffic By-law be amended accordingly. 4.That the proposal of Clearway Construction Inc. for repairs to the Trunk Sanitary Sewer crossing the Grand River in the former Village of Bridgeport be accepted at their quoted price of $195, 500., plus G.S.T.; and further, That funding in the amount of $225,000. be provided from the Sewer Surcharge Fund. 5.That the Regional Municipality of Waterloo be requested to include bulk bin and park litter container collection for the City of Kitchener in its new garbage collection contract commencing on March 4, 2002; and, That the City reimburse the Region based on the tendered prices received from Canadian Waste Services; and, That the Region be requested to undertake contract administration for this work and that the City agree to a 7% administration charge to be added to the City’s share of the contract cost; and, That this work be treated as a ‘service transfer’ and that appropriate tax capacity of $334,752. be transferred back to the City from the Region to reflect the share for bulk bin and litter container service previously included in the City’s contract. 6.That parking be prohibited at anytime on the west side of Third Avenue, from Kingsway Drive to a point 235 m south thereof (even numbered municipal addresses); and, That parking be reduced to a one (1) hour limit, 8:00 a.m. to 6:00 p.m., Monday to Friday, on the east side of Third Avenue, from Kingsway Drive to a point 235 m south thereof (odd numbered municipal addresses); and further, That the Uniform Traffic By-law be amended accordingly. 7.That Council approve installation in 2001 of traffic control signals at the intersection of Block Line Road and Kingswood Drive and that the cost of $80,000. be funded from the 2001 Capital Contingency Fund; and, That the intersection of Block Line Road and Country Hill Drive continue to be monitored for the need for traffic control signals; and, That the Region of Waterloo be requested to review the warrants for the installation of traffic control signals to address peak hour demands from adjacent developments; and, That the Waterloo Regional Police Service be requested to continue enforcement of speeding on Block Line Road. (As Amended) 8. That Council receive the Parking Garage Feasibility Study prepared by Paradigm Transportation Solutions Limited dated April 26, 2001 for information at this time; and, COUNCIL MINUTES MAY 7, 2001186CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE – (CONT’D) 8.(Cont’d) That staff invite public comment on the findings of the Parking Garage Feasibility Study; and, That staff be instructed to pursue the concept of public/private partnerships with interested parties in the Downtown that would benefit from the construction of a municipal parking structure; and further, That a report be brought back to the Public Works and Transportation Committee by mid-June detailing the findings of the public consultation process and potential partnerships, with a list of alternatives and recommendations supporting various alternatives for Council to consider relative to the development of a future parking structure. COUNCIL MINUTES MAY 7, 2001187CITY OF KITCHENER - - COMMITTEE OF THE WHOLE ND A. BY-LAWS LISTED ON THE AGENDA – 2 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.Licences i)Permanent Vendor/Place of Refreshment Licence It was resolved: “That Brian Watson be granted 2001 Permanent Vendor and Places of Refreshment Licences for a business to be operated at 10 Manitou Drive, Units 1-4, under the name ‘Molly Bloom’s (Kitchener) Inc.’.” ii)Adult Entertainment Parlour Attendant “That Alanna Allan, Pamela Giroux and Julie Levesque, employed at 1412 Victoria Street North, Kitchener, be granted 2001 Adult Entertainment Parlour Attendant Licences. “ - and - “That Emily Strub, Jessica Stahlbaum and Laura Fife, employed at 2271 Kingsway Drive, Kitchener, be granted 2001 Adult Entertainment Parlour Attendant Licences.” 2.Dog Designation Appeal Decision It was resolved: “That the April 17, 2001 decision of the Dog Designation Appeal Committee regarding an appeal filed by Cheryl Ford and Arthur Linhares, wherein the Committee rescinds the Prohibited Dog designation, be ratified and confirmed.” 3.Agreement – St. Mary Coptic Orthodox Church It was resolved: “That the Mayor and Clerk be authorized to execute an agreement, to the satisfaction of the City Solicitor, with St. Mary Coptic Orthodox Church, Kitchener, Ontario and Toronto-Dominion Bank to secure the use of the house located at 394 Ottawa Street South by the City of Kitchener Fire Department for the purpose of conducting training of fire department personnel.” 4.Amendment to Resolution – 319 Bridge Street East, Kitchener It was resolved: “That the second paragraph of the resolution adopted by Council on April 30, 2001, respecting 319 Bridge Street East be amended by deleting ‘547193 Ontario Limited’ and substituting ‘Gall Developments Limited’ therefore.” 5.Various Tenders Dealt with under Delegations. COUNCIL MINUTES MAY 7, 2001188CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER – (CONT’D) 6.Tag Day Request – 1596 Royal Canadian Army Cadets Council was in receipt of correspondence dated May 1, 2001 from Captain Kenneth Nantais concerning a fundraising event utilizing entrances to the Farmers’ Market. It was resolved: “That Council grant the request of the 1596 Royal Canadian Army Cadets for permission to request donations at the Duke Street, Frederick Street and Scott Street entrances to the Kitchener Farmers’ Market on Saturday, May 19, 2001 between 7:00 a.m. and 2:00 p.m.” 7.Sale of Raffle Tickets – Ontario Association of Agricultural Societies Council was in receipt this date of Corporate Services Department report CRPS-01-069 (J. Koppeser), dated May 3, 2001, recommending approval of the request from Percy D. McNabb to sell raffle tickets in Kitchener. It was resolved: “That the City of Kitchener has no objection to the Ontario Association of Agricultural Societies, Box 220, Blackstock, Ontario, L0B 1B0, being granted permission to sell tickets in the City of Kitchener for a series of raffle draws to be held from January 1, 2002 to February 22, 2002, at the Royal York Hotel, Toronto, Ontario.” 8.Refreshment Stand Licence – Pioneer Park Community Association Council was in receipt this date of Corporate Services Department report CRPS-01-068 (J. Koppeser), dated May 3, 2001, recommending approval of a request from Suzanne Bryant-Thibaudeau. It was resolved: “That the Pioneer Park Community Association, 150 Pioneer Drive, Kitchener, Ontario N2P 2C2, be granted permission to operate a refreshment stand at the Doon Pioneer Park Community Centre, Kitchener, on June 2, 2001, provided the necessary licence is obtained, including Health and Fire approvals.” 9.1) Construction and Transfer of Land Agreement – Hydro One Networks Inc. 2) Deed/Easements – Waterloo Catholic District School Board Council was in receipt this date of Legal Department report LEG-01-049 (J. Shivas), dated May 4, 2001, recommending various land transfers and easements respecting the new St. Mary’s Secondary School. It was resolved: “That the City enter into, and the Mayor and Clerk be authorized to execute, a Construction and Transfer of Land Agreement, dated March 23, 2001, with Hydro One Networks Inc. to acquire Parts 12 and 13 on Plan 58R-12916 for access (Hanover Street) to the new St. Mary's Secondary School, an easement on Parts 14 and 15 of the said Plan for storm sewer purposes and a temporary construction easement, with all costs to be paid by the Waterloo Catholic District School Board;and further , That the Mayor and Clerk be authorized to execute a deed for purposes of the new St. Mary's Secondary School, in favour of Waterloo Catholic District School Board, for Parts 1, 2, 3, 16, 17, 18, 19, 21 and 22 on Plan 58R-12916, reserving easements for sanitary and storm sewer purposes over Parts 16 and 18, and for a right-of-way over COUNCIL MINUTES MAY 7, 2001189CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER – (CONT’D) 9.1) Construction and Transfer of Land Agreement – Hydro One Networks Inc. 2) Deed/Easements – Waterloo Catholic District School Board – (Cont’d) Parts 2, 3, 18 and 19, together with an easement for a right-of-way over Parts 4 and 20 on Plan 58R-12916." 10.Request to Hold Raffle – World Wide Opportunities for Women Council was in receipt this date of Corporate Services Department report CRPS-01-072 (J. Koppeser), dated May 7, 2001, recommending approval of the request of Angela Durrer. It was resolved: “That the City of Kitchener has no objection to a Municipal Lottery Licence being issued to World Wide Opportunities for Women to hold a raffle in the City of Kitchener.” 11.Environmental Site Assessment Agreement – 305 King Street West (Truscan Property Corporation) Council was in receipt this date of Legal Department report LEG-01-041 (L. MacDonald), dated May 7, 2001, recommending execution of an agreement to allow for soil and groundwater testing following removal of an underground fuel oil storage tank. It was resolved: “That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with the owner of 305 King Street West permitting the construction of groundwater monitoring wells and the construction of a recovery system on City property in the vicinity of 305 King Street West, in locations to be approved by the Acting General Manager of Public Works.” 12.Patio Encroachment Agreement – 271 King Street West (Da Vinci’s Café & Lounge) Council was in receipt this date of Legal Department report LEG-01-051 (L. MacDonald), dated May 7, 2001, recommending approval of an encroachment agreement to permit the extension of the restaurant licence to include operation of a patio. It was resolved: "That subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner of Da Vinci’s to permit the use of 8 feet, more or less, of sidewalk directly in front of Da Vinci’s Café & Lounge located at 271 King Street West, for the period commencing the date the agreement is signed by all parties to October 31, 2001." 13.Compliance/Quit Claim Deed – 116 Hanson Avenue Council was in receipt this date of Legal Department report LEG-01-050 (J. Shivas), dated May 7, 2001. It was resolved: “That on May 7, 2001, the property described as Part Lots 17 & 18, Plan 791 and municipally known as 116 Hanson Avenue complied with the restrictions set out in Schedule ‘A’ to Instrument No. 320880; and further, COUNCIL MINUTES MAY 7, 2001190CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER – (CONT’D) 13.Compliance/Quit Claim Deed – 116 Hanson Avenue – (Cont’d) That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all rights of the City contained in paragraphs 1.(b) and 5. of Schedule ‘A’ to Instrument No. 320880 respecting Part Lots 17 & 18, Plan 791 municipally known as 116 Hanson Avenue, Kitchener.”