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HomeMy WebLinkAboutCouncil Minutes - 2001-05-22COUNCIL MINUTES MAY 22, 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 Ms. Kristin Hessner, King School of Vocal. Mayor C. Zehr thanked Ms. Hessner for her rendition of the National Anthem. On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held May 7, 2001, and special meetings held May 7 and 14, 2001, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE – (a)Correspondence dated May 9, 2001 from Hon. Elizabeth Witmer, Minister of the Environment, concerning Council’s resolution requesting an environmental assessment in connection with the proposal of Ontario Power Generation to install selective catalytic reduction units at two Ontario coal-fired power plants. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation with respect to the tenders listed on the Committee of the Whole agenda. He advised of an additional Expression of Interest E01-061 – Consultant Services – Group Insurance Marketing, as outlined in his memorandum dated May 22, 2001, circulated to Council this date. Councillor J. Ziegler put forward a motion, seconded by Councillor C. Weylie, to adopt Clause 4 of the Committee of the Whole agenda of this date regarding various tenders. Councillor J. Ziegler spoke in opposition to Tender T01-029 with respect to the purchase of a gasoline/electric hybrid vehicle from Cambridge Toyota. He stated that the cost of this vehicle was twice the cost of gas powered vehicles and savings in fuel would not offset the increased cost of the vehicle. Councillor Ziegler suggested that this is the wrong time to experiment with this technology and suggested staff consider diesel powered engines. He asked that this tender be voted on separately. Councillors G. Lorentz and B. Vrbanovic both spoke in support of the purchase of the hybrid vehicle. Councillor Lorentz stated that the cost of gasoline is increasing and the City should be exploring other options, noting that the Kitchener area has some of the poorest air quality in the Province of Ontario. Mr. Gordon advised that staff did approach Toyota on the possibility of a shared cost with the City of Kitchener; however, Toyota declined due to the volume of such requests. Moved by Councillor J. Ziegler Seconded by Councillor C. Weylie to Klomp’s LandscapIng “That Tender T01-058, Community Trails Construction, be awarded Inc., St. Mary’s, Ontario at their tendered price of $294,346.30, including P.S.T. and G.S.T.” - and - Dave Hurst Plumbing Heating “That Proposal P01-076, Plumbing Services, be awarded to Inc., Kitchener, OntarioConestogo Mechanical Inc., , as the Primary Contractor, and Kitchener, Ontario , as the Secondary Contractor, at their proposed price, service and warranty structures.” - and - “That Tender T01-039, Rubber Tire Four Wheel Drive Diesel Powered Utility Tractors, be Work Equipment Limited, Courtland, Ontario awarded to , at their tendered price of $116,000., plus optional equipment as follows: Reduction Drive ($12,680.), Leaf Shredder ($59,000.), Air Lock Differentials ($6,400.), Pumps ($5,280.). Total for Options: $83,360.” - and - “That Tender T01-053, Rubber Arena Flooring – Kitchener Memorial Auditorium Complex, be Gym-Con Limited, Barrie Ontario awarded to , at their tendered price of $72,683., plus G.S.T.” COUNCIL MINUTES MAY 22, 2001194CITY OF KITCHENER - - - and - “That Tender T01-060, Transformer Vault and Basement Walkout – Rockway Golf Club, be Gordner Construction Ltd., Kitchener, Ontario awarded to at their tendered price of $72,900., plus G.S.T.” - and - “That Expression of Interest E01-034, Consultant Services - Wabanaki Drive Construction - Conestoga-Rovers & Associates, Waterloo Fairway Road to Goodrich Drive, be awarded to at their estimated fee of $169,433., including a contingency of $14,395. and G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor.” - and - “That Proposal P01-050, Fleet Fueling System Retrofit – Parks & Environmental Serivces, 82 Hogg Fuel & Supply Limited, Kitchener, Ontario Chandler Drive, be awarded to , complete to the proposed specification price of $53,840., plus G.S.T. “ - and - “That pursuant to Section 170.4.4 of Chapter 170 (Purchasing and Materials Management) of the City of Kitchener Municipal Code, Council authorize the use of Prequalification Expressions of Interest for the General Contractor for the Doon Golf Course Expansion.” - and - “That Expression of Interest E01-061, Consultant Services – Group Insurance Marketing, be Buffett Taylor & Associates, Whitby, Ontario, awarded to at their estimated fee of $9,255.50, including G.S.T., based on a satisfactory contract being negotiated and an upset fee being established.” Carried. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic “That Tender T01-029, Fleet Vehicles (Automobile, Vans and Pick Up Truck) item #4 for one Cambridge compact four door sedan complete to specification CKF-65, be awarded to Toyota, Cambridge , at their optional tendered price of $30,696., plus G.S.T. and P.S.T.” Carried. Mr. Doug Letson and Mr. Charlie Ormston, Walter Bean Grand River Community Trail Corporation, appeared and presented the City of Kitchener with a cheque in the amount of $194,897.38 representing the direct expenses paid by the City for those portions of the Trail and access points constructed in the year 2000. Mr. Letson stated that the cheque also reflects the hard work of the City, the Trail Committee and the generosity of the community. He thanked the City for its support. Mayor Zehr accepted on behalf of Council, and with thanks, the cheque from Messrs. Letson and Ormston. He stated that the Walter Bean Grand River Trail is an exciting project which links many different communities and provides family-oriented recreation. Ms. Trudy Beaulne, Executive Director, Social Planning Council of Kitchener-Waterloo, appeared and presented members of Council with copies of the ‘Blue Book of Human Services in Waterloo Region’ as a token of the Social Planning Council’s appreciation for their continued support. The book contains a listing of approximately 850 services and programs available to people in Waterloo Region. Ms. Beaulne invited members of Council to attend the Annual General Meeting of the Social Planning Council to be held on May 31, 2001 at 6:00 p.m. at St. Andrew’s Presbyterian Church. COUNCIL MINUTES MAY 22, 2001195CITY OF KITCHENER - - Mayor Zehr thanked Ms. Beaulne for providing the copies of the ‘Blue Book’ and for the work of the Social Planning Council. Mr. Nigel Roberts, President of the Ontario Chapter of the Urban and Regional Information Systems Association (URISA), appeared and presented the City of Kitchener GIS Section with the Association’s ‘Web Challenge Award’ for the City’s new ‘OnPoint Enterprise System’. Mayor C. Zehr accepted the award on behalf of the City. Mr. M. Hausser, Manager of Database Administration and GIS, gave a brief demonstration of the OnPoint Enterprise System noting that it is a web-based system, containing property and service information as well as maps, drawings and ortho images. He also gave a demonstration of that portion of the system which will be available on the City’s Internet website by the end of this summer. Mr. Michael Gaudreau, React Mobile Signs, appeared with respect to Clause 4 of the Planning and Economic Development Committee report concerning proposed revisions to the City’s Sign By-law. Mr. Gaudreau referred to his letter, dated April 11, 2001, concerning the impact on his business of prohibiting the use of fluorescent lettering on mobile signs. He stated that he has $80,000. worth of fluorescent lettering which will last until the Fall of 2006. He questioned why some members of Council are opposed to fluorescent lettering as less than 1% of taxpayers have complained. Mr. Gaudreau suggested that a better way to reduce proliferation of signs on City streets would be to adopt staff’s recommendation to reduce the size of portable signs to 54 square feet, take a more proactive approach to enforcement, and introduce a towing policy. Councillor Ziegler questioned whether Mr. Gaudreau could support a reduction in the time limit for mobile signs to 4 months, rather than 6 months, and Mr. Gaudreau indicated agreement. Upon further questioning by Councillor Ziegler, Mr. Gaudreau advised that although a reduction in the size of mobile signs will affect his business, he is supportive of the size reduction. Mr. Dave Lamka, A to Z Signs, appeared with respect to Clause 4 of the Planning and Economic Development Committee report, asking Council to ban the use of fluorescent signs. He pointed out that the Towns of Brampton, Ajax and Oakville have already banned their use. Mr. Lamka requested that Council not reduce the size of mobile signs permitted under the by-law from the current standard of 72 square feet. Mr. Lamka noted that his current inventory of 72 square foot mobile signs is valued at approximately $125,000. - $150,000. Mr. Andrej Vestenicky, AV Car Sales, 4592 King Street East, appeared with respect to Clause 4 of the Planning and Economic Development Committee report and requested Council not reduce the size of mobile signs permitted. Mr. Vestenicky advised that to reduce the size of these signs would be disadvantageous to him, as vehicular traffic moves very quickly by his property; a larger sign permits enough lettering for a complete message; and, he would be placed at a competitive disadvantage relative to neighbouring car lots in Cambridge which use 72 square foot signs. Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway “That Clause 4 of the Planning and Economic Development Committee report be adopted.” Councillor Ziegler then requested an amendment to Section 4i) of the report, that in addition to tower signs in combination with ground signs, staff also consider mobile signs and other types of signs in combination with tower signs. He asked that Sections 4g) and 4f) be voted on separately. Councillor Lorentz stated that he is in support of Clause 4, suggesting that the City should not dictate the colour of lettering on signs. With respect to the report from staff on an enforcement policy, Councillor Lorentz requested an amendment to include options for towing. Councillor Galloway stated that he does not want a regulation with respect to fluorescent lettering that would be detrimental to businesses. He suggested that owners should be allowed to phase out the use of fluorescent lettering over a three year period rather than banning them immediately. Councillor Weylie advised that she had been contacted by the owner of a sign company who was unable to attend this meeting, requesting consideration of tower signs. She requested that Section i) be deferred for one month. Councillor Weylie noted that T.V. signs are not addressed in the by-law, and Mr. B. Stanley advised that staff reviewed T.V. signs in their report, and suggest that there are sufficient regulations in the Sign By-law to deal with their use. COUNCIL MINUTES MAY 22, 2001196CITY OF KITCHENER - - Councillor Weylie commented on the proposed signs for home businesses, suggesting that some residential streets will look like commercial streets, and requested that Section (a) of Clause 4 be voted on separately. Clause 4 of the Planning and Economic Development Committee report was then voted on Section by Section. Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway “That Section a) of Clause 4 of the Planning and Economic Development Committee report be adopted.” Carried. Councillor C. Weylie requested she be recorded as opposed to the motion. Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway “That Sections b) to e), inclusive, of Clause 4 of the Planning and Economic Development Committee report be adopted.” Carried. Councillor G. Lorentz put forward a motion, seconded by Councillor J. Smola, that no action be taken to Lost ban fluorescent lettering/signs which was voted on and. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic “That Council prohibit the use of fluorescent signs/lettering effective three years from the date of passing of an amending by-law.” Carried. Councillor J. Smola requested that he be recorded as opposed to this motion. Councillor Galloway suggested that in three years time, lettering be restricted to the colours yellow, black and white. It was generally agreed that staff report back in this regard, following consultation with the industry, on or before the September 25, 2001 Planning and Economic Development Committee meeting. Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway “That Sections g) and h) of Clause 4 of the Planning and Economic Development Committee report be adopted.” Carried. Moved by Councillor J. Ziegler Seconded by Councillor C. Weylie “That Section i) of Clause 4 of the Planning and Economic Development Committee report be amended to require staff to consider and propose regulations to accommodate more than one tower sign, and tower signs in combination with ground signs, mobile signs and other types of signs, on large sites; and further, That consideration of Section i) of Clause 4 of the Planning and Economic Development Committee report be deferred and referred to the June 25, 2001 Planning and Economic Development Committee meeting.” Carried. COUNCIL MINUTES MAY 22, 2001197CITY OF KITCHENER - - Councillor G. Lorentz questioned Mr. Stanley with respect to Sign By-law enforcement, and he advised that the City now has one full-time Sign By-law Officer. He stated that it would be appropriate to discuss with the industry which provisions of the Sign By-law should be actively enforced. He noted that this direction to actively enforce the Sign By-law would be a change in the enforcement policy of the municipality. Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway “That the last paragraph of Clause 4 of the Planning and Economic Development Committee report be adopted as amended to reflect that staff be directed to include in their report options for a towing policy, with the report and the draft by-law to be considered by the Planning and Economic Development Committee on or before September 24, 2001.” Carried. Ms. Barbara Roussel appeared as a delegation with respect to Item B5 on the Committee of the Whole agenda and specifically in relation to her conditional approval from the Committee of Adjustment with respect to fence variance Submission No. FN 2001-002 for the property at 39 Timberlane Crescent. Ms. Roussel advised that she has lived at the property since 1989 and this fence has always existed in the backyard. She stated that the only reason she made application for the fence was on the recommendation of her pool contractor. She noted that the condition imposed by the Committee of Adjustment that 2 daylight triangles be provided at the corner of her driveway and her neighbour’s driveway, would require her to remove a tree from the property, planted in memory of her brother, and which would not allow sufficient room in the rear yard for the pool. Mr. B. Stanley stated that the existing fence violates the 2 visibility triangles required for the driveways on the subject property and the neighbour’s property, which represents a safety hazard. He suggested that he could work with staff of the Traffic & Parking Division to determine whether the size of the daylight triangles can be reduced in this situation. Councillor G. Lorentz stated that this is a common situation all over the City and has only come to light because of the variance application. This fence has existed on the property for at least 13 years and the City has never received any complaints or concerns with respect to visibility problems at this property. Councillor Vrbanovic stated that this is not a busy street and staff have requested the condition of the visibility triangles from a purely technical point of view. He also stated that the neighbours could have come forward to the Committee of Adjustment if they had concerns about visibility when exiting their driveway. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic “That the conditional decision of the Committee of Adjustment regarding Submission No. FN 2001-002 – Michael & Barbara Roussel, 39 Timberlane Crescent, Kitchener not be ratified and confirmed; and further, That the application of Michael & Barbara Roussel requesting legalization of a 1.82 (6 ft.) high wooden fence rather than the 0.91 m (3 ft.) high wooden fence, located on the easterly lot line adjacent to Timberlane Crescent and the northerly (rear) lot line, on Part Lot 338, Registered Plan 1426, being Parts 21, 22 & 26, Reference Plan 58R-2887, 39 Timberlane Crescent, Kitchener, be approved, without condition.” Carried. Mr. R. Haalboom appeared as a delegation in support of Clause 1 of the Public Works and Transportation Committee report. Mr. David Jones appeared as a delegation in support of Clause 1 of the Public Works and Transportation Committee report advising that he agreed with the recommendation of the Committee. He noted that Doon Village Road is a very narrow road with no sidewalks and two narrow bridges, and maintaining the closure at one end of the street will address safety issues in the area. COUNCIL MINUTES MAY 22, 2001198CITY OF KITCHENER - - Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic “That Clause 1 of the Public Works and Transportation Committee report be adopted.” Carried. Mr. Robert Glover, President – General Environmental Group Inc., provided background information on his company’s proposal respecting 90 Woodside Avenue and two applications before the Ministry of the Environment (MOE) for approval to operate a recycling centre and for an Air Certificate of Approval involving discharge into the natural environment. Mr. Glover advised of an open house which is being planned and will provide additional background information as well as an opportunity to hear the comments of area residents. He noted that the MOE’s deadline for written submissions is May 20, 2001; however, Ministry officials have confirmed that they will review any submissions made by the City of Kitchener within a reasonable amount of time after the May 20, 2001 deadline. Mr. Glover advised that General Environmental Group Inc. has purchased the nine acre property at 90 Woodside Avenue formerly operated by Howden Fans, and prior to that by Canadian Blower/Canada Pumps Ltd. He stated that the subject property is a contaminated site, referred to by the Ministry as a ‘brownfield’. The site contains approximately 75,000 tonnes of contaminated foundry sand, and registers levels of certain metals which exceed MOE guidelines for industrial sites. He advised that his company is planning to clean up the site and would proceed under one of two scenarios. The first scenario would involve the decontamination of approximately 99% of the 75,000 tonnes of foundry sand with the long term goal of remediating the site to residential standards. The company would then consult with the City as to the most appropriate redevelopment option. In addition, the facility would receive contaminated soils from other locations. The second scenario would involve decontaminating only 10,000 tonnes of foundry sand to meet industrial guidelines and leasing the facility to a steel fabricator with no change in the current zoning. Mr. Glover noted that soil brought in for decontamination from off-site would be delivered in covered trucks and would only be dumped at an indoor facility having concrete floors and walls. The facility would also include a vapour containment system and discharge into the atmosphere would be monitored in accordance with the MOE certificate. Mr. Glover stated that there would be no risk from any airborne or ground contaminants. He added that the facility, due to the bioremediation process used, would operate from 7:00 a.m. to 7:00 p.m., seven days a week. Mr. Glover clarified that any Ministry certificate would permit the waste disposal facility to accept up to 3,000 tonnes of solid non-hazardous waste per day, this translating into 88 trailers of material. He added that the average number of trucks per day would likely be between 10 and 15. Mr. Glover stated his company’s commitment to open dialogue with neighbourhood residents to explain what is being proposed and advised that an open house will be arranged, likely the evening of June 4 or 5. He stated that a Citizens’ Advisory Group would also be formed. He also noted that the intention is to limit the life of the waste disposal facility at the present location to five years and that he is prepared to sign an undertaking in this regard. During the course of the discussion which follows, members of Council and delegations in attendance this date requested that Mr. R. Glover obtain the following information to be made available at the open house planned in regard to the proposed waste disposal site at 90 Woodside Avenue: · the number of trucks per day travelling to and from 90 Woodside when it was owned and operated by Howden Fans; · the notification requirement imposed by the Ministry of the Environment in regard to waste disposal sites; · whether soil decontamination sites operated by General Environmental Group Inc. or its competitors are or have been located adjacent to residential areas; · identify any health problems or other issues which would result if the approximately 75,000 tonnes of foundry sand is left in its current location and is not decontaminated; · a list of the toxins or contaminants presently on the site and the associated health hazards of exposure either on the site or through the transfer of contaminants by water or air; · whether the woodlot which formed part of the property when it was operated by Howden Fans will form part of the decontamination and cleanup; · the percentage of local employees who will be hired in respect to the waste disposal site and the cleanup operation; COUNCIL MINUTES MAY 22, 2001199CITY OF KITCHENER - - · a list of individuals or addresses circulated by General Environmental Group Inc. with notice of their applications to the Ministry of the Environment; · the size and capacity of trucks to be used at the waste disposal site, the anticipated impact on public roads and the route the trucks will follow; · ensure that a representative(s) of the Ministry of the Environment is in attendance at the open house; · a list of the toxins/contaminants which will be brought to 90 Woodside Avenue from off-site for decontamination; · possible formation of a committee to undertake inspections of the waste disposal site and waste materials imported for decontamination; · an indication of the timeframe for a final decision on the two applications before the Ministry of the Environment. Councillor G. Lorentz indicated his appreciation for the company’s willingness to hold an open house to clarify and inform about the proposed facility. He also inquired as to the number of property owners who received notice of the MOE applications, and Mr. Glover indicated that 22 properties received a hand- delivered notice. Mayor C. Zehr asked for verification of the MOE requirement in this regard and referred to the City’s standard planning circulation distance of 120m. In response to a further question, Mr. Glover stated that the proposed waste disposal site would only accept non-hazardous contaminated waste which may originate from locations such as former gas stations and fuel contaminated sites. Councillor Lorentz inquired as to whether Mr. Glover has any concern regarding the location of the facility in relation to public buildings, hospitals and residences. He replied that he had no concerns as all of the decontamination work will be conducted indoors, and any excavations will be undertaken using moisture control. Mr. Glover also indicated that the contaminated foundry sand previously referred to is presently buried under the parking lot and the buildings themselves. He added that few companies are willing to take the risk involved in cleaning up this type of property, and that he is required to prove to the Province that the facility can be operated in a very safe manner. Mr. Glover stated that his company has conducted bioremediation for large petroleum companies and other industries and has experience in this regard. Councillor Vrbanovic inquired whether Mr. Glover’s company would be prepared to deposit a letter of credit as a commitment to cleaning up the site. Mr. Glover responded that by purchasing the property, he is now personally liable for cleaning up the site and that he sees this as an equivalent guarantee. He further advised that he is hoping to receive a Record of Site Condition as soon as possible in order to obtain bank financing. He also indicated that he has the financial assurance through the proposed processing facility to ensure that funds are available to complete the cleanup. Councillor M. Galloway expressed concern over a decontamination process being undertaken in the midst of a residential area and questioned whether Mr. Glover could be 100% certain that there would be no negative environmental impact. Mr. Glover responded that the remedial methods proposed have been tried and been proven successful. In response to a question from Councillor J. Ziegler, Mr. Glover stated that the second option which would involve decontamination of only 10,000 tonnes of foundry sand would result in the site only meeting industrial standards. Councillor Ziegler questioned the impact if the 75,000 tonnes of sand currently buried on the site is left undisturbed. Mr. Glover replied that the site would exceed MOE guidelines for industrial land. Ms. Heather Thomson stated that she is pleased with the open house proposed by Mr. Glover and hopes that the City will be involved in its organization. She advised that she has circulated a petition to area residents opposing the waste disposal site; and through that process, determined that only two of the 591 persons who signed the petition received notice of the proposal, and there was no mention in the notice that the company will be rehabilitating the site. She advised that the petition was faxed to the MOE during the weekend, as they advised comments would only be accepted until May 20, 2001. Ms. Thomson requested that Council support the neighbours in requesting that the MOE suspend the approval process and require a full environmental assessment of this property. She noted that the area is predominantly residential and the neighbourhood is requesting Council’s support of a prohibition on trucking contaminated soil to the facility from off-site. Councillor C. Weylie thanked Ms. Thomson for all the work she put into preparation, circulation and submission of the neighbourhood petition. Ms. Ruth-Marie Braun advised of her unease at the lack of notice received by the neighbourhood concerning the proposal. COUNCIL MINUTES MAY 22, 2001200CITY OF KITCHENER - - Mr. Neil Bindernigel advised that when this property was owned by Canadian Blower/Canada Pumps Ltd. they exchanged lands with the City of Kitchener, obtaining part of a woodlot. He questioned whether this portion of the woodlot will be included in the remedial work done on this site. Mr. Neil Humphrey thanked Mayor Zehr and Mr. Glover for the information provided, stating that he had not been aware that this site was contaminated. However, he advised that he does not think that General Environmental Group Ltd. has dealt fairly or openly with residents. Mr. Steve Kadlecik requested that certain information for the open house regarding: employment of Kitchener residents at this site, truck routes and the effects of truck traffic on the roads’ surface. He also requested that representatives of the MOE be present at the open house. Ms. Shannon Douglas stated her concern with respect to the transfer of contaminated soil, particularly soil contaminated by petroleum, to this site. She advised that she owns a gas station and is aware of the method for processing petroleum contaminated soils, noting its flammability. She also expressed concern as to what other contaminants may be introduced to the site. Ms. Adeline Walsh had registered as a delegation but advised that she would hold her questions and comments until the open house. Mr. Alex Ziemen questioned General Environmental Group’s proposed use of the land, following the stated five year period as a waste disposal site, and indicated his concern if developed as residential. Mr. Perry Dhondt questioned fire safety on the site, noting that 50% of the buildings are constructed of wood. Mr. Glover responded that the buildings containing most of the wood, being the older building on the site and the rear addition on the main building, will be demolished. Mr. William Blonde advised that he is in the risk management business, and noted his concern over Mr. Glover’s statement that his company has never undertaken this exact type of work before. He suggested that all parties should be fully aware of all aspects of the proposal. He also expressed a concern with the potential impact of additional truck traffic on the children in the area. Mr. Robert Sexsmith advised of his concerns over the potential health hazards to the community, should this proposal go forward especially in light of the proposed introduction of contaminants from off-site. He also questioned whether there would be possible future side effects. He asked that Council support the neighbours in opposition to the proposed waste disposal site; that the processing of the applications to the MOE stop until more information is available; and, that a third party committee be formed to inspect the site on a regular basis should approval be given for the waste disposal site. Mr. Warren Saint suggested there could be major atmospheric discharges from the site and suggested that Council support a resolution to generally stablize and reduce air born contaminants. He then questioned what authority Council has to prevent the establishment of this waste disposal facility and was advised by Mayor Zehr that this Council has no authority to prevent the waste disposal site but may have some influence with the MOE and could request that conditions be added to the approval. Councillor Lorentz suggested that residents contact the local MPPs particularly Elizabeth Witmer, MPP, the Minister of the Environment. Mr. Harry Meister advised that he has been employed in the waste disposal business for approximately 10 years and acknowledged that these businesses have come under extreme pressure. He stated that a company would not undertake a project of this nature unless they anticipated a large profit. He referred to ‘brownfields’ and government incentives to companies that purchase and remediate these sites. He stated that the community should continue to oppose the applications to the MOE for this project, and asked that Council do whatever it can to support the neighbourhood residents. Mr. John Zagata stated that the community has purposefully not been informed of the proposal to develop a waste disposal site at 90 Woodside Avenue. He questioned the necessity of transporting contaminated soils to this site, stating that to do so would cause environmental damage in the heart of the City. He encouraged the community to show solidarity in its opposition to approval of the applications by the MOE. Mr. Melvyn Anderson posed some questions which he hoped would be answered at the public open house; particularly why the neighbours were not informed of the intended use for the property when it COUNCIL MINUTES MAY 22, 2001201CITY OF KITCHENER - - was purchased. He stated that there is a need for an independent environmental assessment on the property, and hoped that it could be presented at the open house and offer sufficient evidence to put an end to this proposal. Mr. Anderson suggested it is outrageous to propose such an activity in the midst of a residential area as all contaminants cannot be completely contained. He also questioned the volume of truck traffic to and from the site and the potential for accidents. Mr. Anderson suggested that activity on this site would not stop after five years, as it will be profitable for this company. He questioned the unilateral authority of the MOE to place such a facility in a municipality and a residential area. Mr. Anderson stated that there is a great need for the community to stand together to oppose this proposal. In response to a comment from Mr. Anderson, Mayor Zehr advised that it is Council’s intention to have a transparent process which is why Council is supporting a public open house process. He noted the distinction between any support the City may offer and the decisionmaking responsibility resting with the MOE. Mr. David Arn noted that he had only found out about this proposal on the weekend and was concerned about the inadequate notice to the neighbourhood. He noted that the City’s Official Plan in this area is residential even though this property is zoned industrial. He also referred to the possibility of heavy traffic to the site leading to potential spills and accidents. Mr. Arn expressed disbelief that Mr. Glover is not aware of what contaminants are presently on site. He asked that Council and Mr. Glover give assurances to the neighbours that nothing more will happen on this site before the open house; questioned the timelines for a decision from the MOE; and, questioned whether Council would oppose this proposal on behalf of the community. Mayor C. Zehr noted that the purpose of the open house is to obtain comments from the residents which the City can then incorporate into their comments to the MOE. He noted that confirmation has been received from the MOE that they will accept comments even though the May 20th deadline has passed. He then advised that at the Council meeting of June 11, 2001, after the public open house has taken place, Council will formulate its position in response to the MOE. Councillor G. Lorentz pointed out that the 75,000 tonnes of contaminated soil would remain on this site if it is not rehabilitated. He asked that the delegations give consideration to this potential outcome. Councillor B. Vrbanovic questioned Mr. Glover as to whether he would be prepared to request in writing that the MOE grant a 30 day extension to allow for sufficient discussion. Mr. Glover advised that he would do so, in writing, to the MOE. Councillor C. Weylie advised that the notice sent to some of the neighbours contained her name and address, and she received many calls in response. She thanked the residents for their phone calls and for attending this meeting. She then advised that discussions with the Region have revealed that soils from outside the Region which are decontaminated at this site can not be disposed of at the Regional landfill sites. Mr. G. Borovilos was asked to arrange an open house on June 4 or 5, 2001, in the City Hall Rotunda, and to circulate notice to property owners/residents and business owners within 120m of the subject property. Ms. R. Pitfield was requested to post notice of the open house on the City’s website by Wednesday evening, and to post notice of the open house and locate a comment box in the City Hall Rotunda. The purpose of the latter is to receive comments and questions from members of the public who may not be able to attend the open house. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic “That the City of Kitchener host a public open house in the City Hall Rotunda with General Environmental Group Inc., within approximately two weeks (tentatively June 4 or 5, 2001), to provide information and receive public comment relative to the applications before the Ministry of the Environment made by General Environmental Group Inc. requesting approval for a waste disposal site, and to discharge into the natural environment other than water, at their property located at 90 Woodside Avenue, Kitchener; and, That staff circulate notice of the above open house to property owners/residents and business owners within 120 metres of the subject property, this being Council’s standard circulation for planning applications; and further, COUNCIL MINUTES MAY 22, 2001202CITY OF KITCHENER - - That following receipt of comments and concerns at the open house, Council prepare its comments to the Ministry of the Environment, which may include a request for special conditions to be applied to any Certificate of Approval which may be issued by the Ministry.” Councillor Vrbanovic requested that members of the Environmental Committee be invited to attend the open house to obtain information and the residents’ comments. The Committee is then to discuss this proposal at their June 7, 2001 meeting, with any recommendation to Council on June 11, 2001. Councillor Vrbanovic stated that Council’s questions and concerns are the same of those of the delegations; however, it is important to remember that this site is contaminated and it needs to be cleaned up. He also stated that the role of the municipality in this process is to be the community’s access to government, but pointed out that the Province is the decisionmaker. He suggested that the residents make their concerns known to their local MPPs. Carried Unanimously Councillor Weylie’s motion was then voted on and. 1.Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway “That the report of the Planning and Economic Development Committee be adopted.” Voted on Clause by Clause Dealt with under Delegations and Clause 4 – Carried, as Amended and with Referrals. Carried. Balance of report – 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.” Councillor J. Ziegler asked that Clauses 2 and 3 be voted on separately. He advised that he attended the property at 69 Amherst Drive and noted that the photographs displayed at the Finance and Administration Committee meeting were last year’s photographs, and currently the grass is only 8 inches high. He suggested that it would not cost the City $500. to cut the grass and asked that staff notify Mr. Nassif before going onto the property, to give him another opportunity to complete the work himself. The report of the Finance and Administration Committee was then voted on Clause by Clause. Carried. Clauses 2 & 3 - 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.” Voted on Clause by Clause. Dealt with under Delegations and Clause 1 – Carried. Carried. Balance of report – COUNCIL MINUTES MAY 22, 2001203CITY OF KITCHENER - - Council agreed to the request of Mr. G. Sosnoski, City Clerk, to add 2 by-laws for three readings this date relative to Part Lot Control (Registered Plan 58M-181) and a Zoning By-law amendment involving 150 Highland Road West. 5.Moved by Councillor G. Lorentz Seconded by Councillor M. Galloway “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 – Blocks 72 and 73, Registered Plan 58M-150 – Hidden Creek Drive and Hollyridge Crescent. (b)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Ottawa Street South - Glen and Martha McNeil. (c)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. (d)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. (e)Being a by-law to exempt certain lots from Part Lot Control – Block 1 to 11 inclusive and Blocks 28 and 29, Registered Pan 58R-182 – Falconridge Drive, Falconridge Crescent and Hawkswood Drive. (f)Being a by-law to amend Chapter 650 of The City of Kitchener Municipal Code with respect to Lot Maintenance. (g)To confirm all actions and proceedings of the Council. (h)Being a by-law to exempt certain lots from Part Lot Control – Blocks 1 to 18 inclusive, 20 to 29 inclusive and 38 to 50 inclusive, Registered Plan 58M-181 – Coopershawk Drive, Falconridge Drive, Hawkswood Drive, Kestrel Street, Owl Ridge Street, Riverlink Way. (i)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Howard Rotberg – Highland Road West. 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 B. Vrbanovic as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. 6.Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway “That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes, are hereby adopted and confirmed.” Carried. 7.Moved by Councillor G. Lorentz Seconded by Councillor M. Galloway “That the by-laws listed on the agenda for third reading, namely: (a)Being a by-law to exempt certain lots from Part Lot Control – Blocks 72 and 73, Registered Plan 58M-150 – Hidden Creek Drive and Hollyridge Crescent. (By-law No. 2001-95) COUNCIL MINUTES MAY 22, 2001204CITY OF KITCHENER - - (b)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Ottawa Street South - Glen and Martha McNeil. (By-law No. 2001-96) (c)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. 2001-97) (d)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. 2001-98) (e)Being a by-law to exempt certain lots from Part Lot Control – Block 1 to 11 inclusive and Blocks 28 and 29, Registered Pan 58R-182 – Falconridge Drive, Falconridge Crescent and Hawkswood Drive. (By-law No. 2001-99) (f)Being a by-law to amend Chapter 650 of The City of Kitchener Municipal Code with respect to Lot Maintenance. (By-law No. 2001-100) (g)To confirm all actions and proceedings of the Council. (By-law No. 2001-101) (h)Being a by-law to exempt certain lots from Part Lot Control – Blocks 1 to 18 inclusive, 20 to 29 inclusive and 38 to 50 inclusive, Registered Plan 58M-181 – Coopershawk Drive, Falconridge Drive, Hawkswood Drive, Kestrel Street, Owl Ridge Street, Riverlink Way. (By-law No. 2001-102) (i)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Howard Rotberg – Highland Road West. (By-law No. 2001-103) be taken as read a third time, be finally passed and numbered serially by the Clerk.” Carried. On motion, the meeting adjourned at 10:45 p.m. MAYORCLERK COUNCIL MINUTES MAY 22, 2001205CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 1. That the Business and Planning Services Department be directed to take Site 132 fronting McIntyre Drive in the Huron Business Park off the real estate market in response to the request of the J. Steckle Heritage Homestead to secure the lands for future requirements of the Steckle Farm; and further, That staff be directed to assist the Homestead’s Board of Directors with the development of a master plan and related capital funding plan relative to Site 132 for consideration at the September 10, 2001 Planning and Economic Development Committee meeting. 2.That Zone Change Application ZC 00/36/O/SV (1285 Ottawa Street South - Glen and Martha McNeil) requesting a change in zoning from Residential Three Zone (R-3) to Residential Three Zone (R-3) with a Special Use Provision 292U and Special Regulation 350R, on lands legally described as Part Lot 47 German Company Tract being Parts 1 and 2 on Plan 58R-2592 save and except Part 6 on 58R-9907, municipally known as 1285 Ottawa Street South, be approved, in th the form shown in the attached “Proposed By-law”, dated April 4 2001, as revised to provide for 3 off-street parking spaces and a solid wood fence 1.8 metres in height, 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. 3.That Zone Change Application ZC 00/37/H/BS (950 Highland Road West and Bankside Drive - Activa Development Corp. / PeopleCare Centres Inc.) requesting a change in zoning from Residential Six Zone (R-6) and Residential Eight Zone (R-8) to Residential Six Zone (R-6), with Special Regulation Provision 351R, on lands legally described Part Block 37, Plan 1727 being more particularly described as Part 15 on Reference Plan 58R-9995 and Part Lot 35, German Company Tract, being Part 14 on Reference Plan 58R-9995 and Part 3 on Reference Plan 58R- 6811, save and except Part 16 on Reference Plan 58R-9995 and Part of Lot 35, German Company Tract, being more particularly described as Part 16 on Reference Plan 58R-10060, to be municipally known as 93 Bankside Drive, be approved, in the form shown in the attached “Proposed By-law”, dated April 12, 2001, with the following conditions: 1)That all tax and utility accounts related to the site be paid in full prior to Council giving three readings of the zone change by-law. 2)The owner acknowledges that Condition 1 is to be satisfied no later than seven months after Council having approved by resolution Zone Change ZC 00/37/H/BS. In the event this resolution is not fulfilled within the seven-month period, Council shall consider rescinding the 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. 4.That the Department of Business and Planning Services be directed to prepare a by-law to revise the City’s Sign By-law to accomplish the following: a)permit home businesses in single and semi-detached dwellings to have 1 fascia sign per lot, having a maximum size of 0.2 square metres (2.0 square feet) of address content and/or home business content and prohibit internal lighting of home business signs b)prohibit the advertising of an adult sex film theatre on a billboard, roof or inflatable sign c)reinstate roof signs d)permit each side of a portable sign to be used for separate businesses requiring a separate permit and constituting 1 month’s permit for such business e)that the permit fee for each side of a portable sign be $25.00 COUNCIL MINUTES MAY 22, 2001206CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT’D) 4.Cont’d f) prohibit the use of fluorescent signs/lettering effective three years from the date of passing of an amending by-law g)i)the maximum number of permits for a portable sign to which each business is entitled, remain at 6 per year ii) phase in a restriction on the maximum height of a portable sign to 3.0 metres (10 feet) to become effective 1 year from the date of passing of an amending by-law iii) phase in a restriction on the maximum sign area of a portable sign to 5.6 square metres (60 square feet) to become effective 1 year from the date of passing of an amending by-law h)that new pylon signs not be permitted to contain any material other than supporting structures within 2.4 metres of the ground i) that a new “tower sign” be created in the by-law which will permit changeable copy as well as permanent copy, subject to regulations which include the following: i)that the minimum setback for tower signs up to 7.5 metres in height be 0.4 metres and 3.0 metres for those between 7.5 and 10.7 metres (35 feet) in height ii) that a tower sign only be permitted on a lot with no other pylon or portable signs iii) that a tower sign must contain the address and marketing name (if applicable) of the development, and that staff consider and propose regulations to accommodate more than 1 tower sign; and a tower sign(s) in combination with ground signs, mobile signs or other types of signs, on large sites; and further, (Consideration of Clause 4.i deferred and referred to the June 25, 2001 Planning and Economic Development Committee meeting) That the Department of Business and Planning Services be directed to prepare a report encompassing the following: details and cost of taking a proactive approach to enforcing all signs governed by the City’s Sign By-law; a towing policy for signs in contravention; and, industry comment with respect to standard lettering colours; the report along with a proposed by-law to amend the City’s Sign By-law incorporating the revisions outlined above, to be considered by the Planning and Economic Development Committee, on or before September 24, 2001. (Dealt with under Delegations and Carried, as Amended) COMMUNITY SERVICES COMMITTEE – 1.That the City of Kitchener participate in "Peregrine Falcons - Project Release - Kitchener- Waterloo" in 2001; and, That the Mayor and Clerk be authorized to execute an agreement, including an option to renew annually, with the Canadian Peregrine Foundation, in a form satisfactory to the City Solicitor, authorizing them to place a peregrine hackbox on the roof of Kitchener City Hall during the period May 23 - October 1, 2001; and, That funding of $2,000., $1,000. each from the budgets of the Departments of Community Services and Business and Planning Services, be approved for this project; and further, That assistance with public relations and promotion for this project be provided by staff. COUNCIL MINUTES MAY 22, 2001207CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE – (CONT’D) 2.That the City of Kitchener support the bid to host the 2003 Scott Tournament of Hearts Women's Canadian Curling Championship, to be held February 15 - 23, 2003; and further, That should the Championship be awarded to the City of Kitchener, a grant of $32,500. and in- kind services of $40,500. be approved in return for a Platinum Level Sponsorship for this event. 3.That a loan of $20,000. under the Community Loan Program be approved for the Country Hills Playground Partnership, to assist with the installation cost of a universally accessible play space at the Country Hills Community Centre; and further, That the loan be repaid in annual instalments of $5,000. each January from 2002 - 2005 inclusive. 4.That the request of KOR Gallery for a short term loan, to a maximum of $3,300., be approved, to cover half the cost of 2 student summer placements, to be funded by Human Resources Development Canada (HRDC) until receipt of the second half of their funding; subject to HRDC actually providing the grant. 5.That the City of Kitchener endorse the City of Montreal's brief, "Sports for All: For Joint Action and Improved Access to Resources" which requests greater involvement and financial contributions toward sports infrastructure, programming and services by the Federal Government; and further, That the City of Kitchener voice its support for the brief in written correspondence to the Honourable Denis Coderre, Secretary of State for Amateur Sport and M.P.s in the Kitchener area. 6.That the Mayor and Clerk be authorized to execute an agreement, in a form satisfactory to the City Solicitor, with Ontario Agri-Food Education Inc. (OAFI) to provide a series of demonstrations for the Kitchener Farmers' Market Kids Club. 7.That minor baseball and softball groups be charged a rental fee of $9.50 for practice time at City ball diamonds. FINANCE AND ADMINISTRATION COMMITTEE – 1. That Chapter 650 (Lot Maintenance) of the City of Kitchener Municipal Code be amended to define “grass” as including but not limited to species commonly known as Bluegrass, Fescue grasses, Ryegrasses and Bentgrasses, but shall not include ornamental grasses. 2. That staff continue to enforce Municipal Code Chapter 650 with respect to 69 Amherst Drive. 3. That no action be taken on the request of Mr. Sid Nassif for relief from grass cutting charges imposed by the City relative to his property on Amherst Drive. 4. That a partial refund of development charges in the amount of $3,870.30 be approved for Mill- Gate Holdings Inc., upon receipt by the Clerk of correspondence withdrawing their complaint regarding the calculation of development charges imposed for 271-275 Shoemaker Street. 5. That consideration of Corporate Services Department report CRPS-01-074, (Licensing of be deferred and referred to the June 4, 2001 Finance and Administration Escort Services) Committee meeting , to allow the following to take place: (a) Discussion at the political and staff level with municipalities within the Region of Waterloo regarding licensing of escort services; and, (b) Staff to obtain a copy of the City of Windsor’s Escort Services By-law; and, (c) Staff to enquire of the Cities of Toronto, Hamilton, Niagara Falls and London as to whether they are considering licensing Escort Services; and, COUNCIL MINUTES MAY 22, 2001208CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE – (CONT’D) 5.(Cont’d) (d) That copies of the article titled “Sex in the City” from the March/April 2001 edition of Forum be provided to members of Council; and further, (e) Staff to determine whether: (i) the Regional Municipality of Waterloo has the authority to license escort services on behalf of the area municipalities; (ii) the number of licencees can be restricted; (iii) the Waterloo Regional Police Services can be contracted to enforce an escort services by-law and the costs in this regard applied to the licence fee; (iv) livery licences for escort services can be required by the City of Kitchener or whether this is solely the jurisdiction of the Region of Waterloo. 6. That City employees be encouraged to register with the Canadian Resource Bank for Democracy and Human Rights (CANADEM) as experts interested in participating in international work; and further, That all registration and contact with “CANADEM” be conducted through Sharon Tranter, Co- ordinator of International Partnerships/Projects. 7. That the policy “Licence Appeals – Distance Separation” be adopted in the form as attached to Corporate Services Department report CRPS-01-073. 8. That staff be directed to publish a notice in The Record advising of Council’s intention to enact a by-law to establish early closing hours for Places of Refreshment and Public Halls in the City of Kitchener, in the form as attached to Corporate Services Department report CRPS-01-075; and further, That any public comment in this regard be considered at the June 4, 2001 Finance and Administration Committee meeting. 9. That no action be taken to oppose the application for a liquor licence from Rainbow Caribbean Cuisine, 29 King Street East, Kitchener, subject to the applicant voluntarily requesting that the following conditions be added to the liquor licence: a) To post, in a conspicuous place, the Downtown Licensed Establishment Code of Conduct; and, b) To notify the Clerk of the City of Kitchener, in writing, of any applications to change the liquor licence, at the time the application for the change is made to the Alcohol and Gaming Commission (AGCO); and, That in the event the AGCO, at its discretion, does not add the above conditions to the licence, the applicant agrees to have them added to and form part of a “Private Agreement” with the City of Kitchener; and further, That the applicant agrees to the following “Private Agreement Conditions”, and acknowledges that the City’s non-objection to the issuance of the liquor licence is based on the Private Agreement and continued compliance with it: i) To abide by the Downtown Licensed Establishments Code of Conduct; ii) To become a member of the Kitchener Downtown Business Association’s Licence and Entertainment Committee and attend its meetings; COUNCIL MINUTES MAY 22, 2001209CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE – (CONT’D) 9.(Cont’d) iii) To agree to set a 40% monthly ratio of alcohol sales to gross sales, including food and other sundries as set out in the application; in other words, alcohol sales will be limited to 40% of gross sales; and further, iv) Not to expand the licensed establishment without the consent of City Council. 10.That Corporate Services Department report CRPS-01-059 – Update on Corporate Imaging Management Strategy (CIMS) be received for information; and further, That approval be given to add a general provision of $76,000. to the 2002 Capital Forecast, to be administered by Corporate Records Management, to fund projects approved under the auspices of CIMS, with final funding to be approved as part of the 2002 Capital Budget. 11. That the application of Bramante Studio for a “Grant-in-lieu of Building Permit Fee”, in the amount of $572.00, be approved under the Downtown Financial Incentives program for renovations at 8 Queen Street North, Kitchener. 12. That no action be taken to change the City’s policy relative to initiating tax sale proceedings for properties where tax arrears are less than $10,000. 13. That the Waterloo Region Municipalities Insurance Pool Annual Report, for the year ending May 31, 2001, be received for information; and further, That the City’s share of the insurance pool dividend of $411,444. be allocated to the Insurance Reserve Fund. PUBLIC WORKS AND TRANSPORTATION COMMITTEE – 1. That the one-way traffic restriction on Doon Village Road from the west limit of the first single lane bridge to Doon South Drive, remain in place; and further, That staff be directed to immediately install a sign informing the public of the proposed diversion and cul-de-sac of Doon Village Road at its intersection with Doonbrook Place scheduled to take place no later than 2002. (Dealt with under Delegations and Carried) 2. That all homeowners who contacted the City with respect to basement flooding at their properties on February 9 and 10, 2001 be sent an information package, as outlined in Public Works Department report PW-01-050, recommending measures they can take to mitigate their flooding problems; and, That those homeowners in areas of sanitary sewer overloading as identified by staff and/or survey responses, be offered a grant toward the actual cost of the installation of backwater valves and sump pumps to a maximum value of $4,000., as outlined in Public Works Department report PW-01-058; and further, That the sum of $80,000. be provided from the Sewer Surcharge Fund to update the previous study of trunk sewers in the Royal Orchard Drive and Sandrock Greenway area and to complete a Class Environmental Assessment to identify a preferred solution for the remedial measures and to provide a functional design for the implementation of the preferred solution. 3. That a grant program toward the cost of installing backwater valves and sump pumps be established to provide assistance to homeowners affected by sewage back-ups; and, That the criteria for the grant program be adopted as outlined in Appendix ‘A’ attached to Public Works Department report PW-01-058; and further, COUNCIL MINUTES MAY 22, 2001210CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE – (CONT’D) 3.(Cont’d) That funding in the amount of $112,000. be provided for the grant program in 2001 from the Sewer Surcharge Fund. COUNCIL MINUTES MAY 22, 2001211CITY 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)Itinerant Vendor It was resolved: “That consideration of the Itinerant Vendor Licence application of Vi Tran, dated April 30, 2001, be deferred and referred to an in-camera meeting of City Council on June 4, 2001 .” ii)Refreshment Stand It was resolved: “That the Kitchener Minor Boys Softball Association, P.O. Box 532, Station C, Kitchener, Ontario, N2G 4A2, be granted permission to operate a refreshment stand at the following locations on the dates shown, provided that the necessary licence is obtained, including Health and Fire approvals: Hallman ParkWilson ParkWoodside Park May 25 6 pm –10 pmMay 268 am - 2 pmJuly 14 8 am - 8 pm May 26 8 am – 10 pmJune 2-38 am - 5 pm May 27 8 am - 5 pmJune 9–108 am – 5 pm Aug 11-128 am -5 pm Aug 18-198 am - 5 pm 2.Dog Designation Appeal Decisions It was resolved: “That the May 9, 2001 decision of the Dog Designation Appeal Committee regarding an appeal filed by Bernadette Puttock, wherein the Committee affirms the Potentially Dangerous Dog designation, be ratified and confirmed.” Councillor J. Ziegler referred to the decision of the Dog Designation Appeal Committee regarding an appeal filed by Henry Guerra which is before Council this date for ratification. He noted that Mr. Guerra’s dog attacked a child subsequent to the appeal hearing. Councillor Ziegler stated that though the Committee decision affirms the Prohibited Dog designation, it reflects that the owner would have until September 30, 2001 to remove the dog from the City. Given the recent attack, he advised that he would like this extension removed from the decision. J. Shivas advised that this would be possible only if the appellant was extended an opportunity to appear before Council this date. It was resolved: “That the May 9, 2001 decision of the Dog Designation Appeal Committee regarding an appeal filed by Henry Guerra, wherein the Committee affirms the Prohibited Dog designation, be ratified and confirmed as amended to reflect thatgiven the recent attack on a child by the dog, the owner is required to immediately remove the dog from the City of Kitchener or turn him over to the Poundkeeper to be euthanized.” COUNCIL MINUTES MAY 22, 2001212CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER – (CONT’D) 3.Execution of Engineering Agreements – Stantec Consulting Limited It was resolved: “That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Stantec Consulting Limited, regarding Laurentian Forest 3, Stage 8, Plan 30T-95015.” - and - “That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Stantec Consulting Limited, regarding Oprington Place Subdivision, Plan 30T-00202.” 4.Various Tenders Dealt with under Delegations. 5.Committee of Adjustment – Various Council was in receipt of correspondence from J. Billett, Secretary-Treasurer, Committee of Adjustment, dated May 4, 2001, recommending approval of various sign and fence variances. It was resolved: “That Council ratify and confirm the May 1, 2001 decisions of the Committee of Adjustment recommending approval of: · Submission No. SG 2001-006 – Theatre & Company (36 King Street West); · Submission No. FN 2001-003 – Peter & Renee Sukkel (29 Uxbridge Crescent).” Submission No. FN 2001-002 – Michael & Barbara Rouseel (39 Timberlane Cr.) was dealt with under Delegations. 6.Walkway Fencing – 49 and 51 Balfour Crescent Council was in receipt of Community Services Department report CSD-01-080 (G. Nixon/B. Trushinski/F. Pizzuto), dated May 16, 2001, recommending a fencing subsidy for two properties on Balfour Crescent. It was resolved: “That Council approve up to a maximum of $570.00 for the installation of 113 feet of fencing along the municipal walkway abutting 49 Balfour Crescent as per the conditions set out in Council Policy I-610 (Property Maintenance: Fencing/Walkways); and further, That Council approve up to a maximum of $235.00 for the installation of 40 feet of fencing along the municipal walkway abutting 51 Balfour Crescent, as per the conditions set out in Council Policy I-610 (Property Maintenance: Fencing/Walkways).” 7.Offer to Sell – 94 Heins Avenue Council was in receipt of Legal Department report LEG-01-051 (J. Shivas), dated May 16, 2001, recommending acceptance of an offer in regard to a manhole inadvertently constructed on private property by the City’s contractor for the Schneider Creek Sanitary Sewer. COUNCIL MINUTES MAY 22, 2001213CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER – (CONT’D) 7.Offer to Sell – 94 Heins Avenue – (Cont’d) It was resolved: “That the City accept the offer from Virginia and Frederic Frank dated February 27 and May 8, 2001, to sell land composed of Part of Lot 2, Plan 282, designated as Part 3, Plan 58R-12966 and consisting of approximately 92 square feet for $92. with Part 2, Plan 58R-12966 (40 square feet) to be retained by the City to maintain the said Part 3; and further, That pursuant to Council’s resolution of June 5, 2000, Virginia and Frederic Frank will purchase from the City 1,177 square feet designated as Part 1, Plan 58R-12966 for the sum of $1,177., all additional reference plan, legal and fence relocation costs to be the responsibility of the City’s contractor.” 8.Execution of Engineering Agreement - Earth Tech (Canada) Inc. Council was in receipt this date of correspondence from H. Gross, Manager, Design & Engineering Construction, dated May 15, 2001, recommending execution of an engineering agreement relative to Sanitary Sewer and Watermain Service on Doon Valley Drive. It was resolved: “That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Earth Tech (Canada) Inc. regarding the Doon Valley Drive – Sanitary Sewer and Watermain Service.” 9.Mobile Skateboard Park Agreement – Optimist Club of Southwest Kitchener Council was in receipt this date of Community Services Department report CSD-01-081 (F. Pizzuto), dated May 18, 2001, recommending execution of an agreement for the operation of a mobile skateboard park jointly purchased by the Doon Pioneer Park Community Association and the Optimist Club of Southwest Kitchener. It was resolved: “That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with the Optimist Club of Southwest Kitchener regarding the operation of a mobile skateboard park.”