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HomeMy WebLinkAboutCouncil Minutes - 2001-07-03COUNCIL MINUTES JULY 3, 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 Brenda Braun-Whiteman, King School of Vocal. On motion by Councillor C. Weylie, the minutes of the regular meeting held June 18, 2001, and special meetings held June 11, 18 and 25, 2001, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE - NIL Mr. L. Gordon, Manager of Purchasing, attended with respect to the tenders listed on the Committee of the Whole agenda. Council was also in receipt this date of an additional Quotation Q01-088 pertaining to Apron Pad Replacement at Queensmount Arena as outlined in correspondence from L. Gordon, dated June 28, 2001. In response to a question from Councillor G. Lorentz, L. Gordon advised that he would report back with the start and completion dates for the Queensmount Arena project. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola “That Expression of Interest E01-074, Prequalification of General Contractors – New Warm Water Pool and Renovations to Forest Heights Pool, be approved and that the following list of General Contractors be issued tender packages for the project: Derbtile Construction Inc., Downsview Nith Valley Construction Ltd., New Hamburg Sona Construction Limited, Hamilton XDG Construction Limited, Breslau. ” - and - “That Tender T01-079, Catholic Mausoleum Stone Restoration – Woodland Cemetery, be Kappeler Masonry Corporation, Waterloo, Ontario awarded to , at their tendered price of $72,182.20, including G.S.T.” - and - Precise B/I. Systems “That Tender T01-080, Pay and Display Machines, be awarded to Limited, Toronto, Ontario at their tendered price of $62,000., plus G.S.T. and P.S.T.” - and - “That Expression of Interest E01-075, Prequalification of Swimming Pool Subcontractors - Forest Heights Pool, be approved and that the following list of Subcontractors be issued tender packages for the project: Gall Construction, o/a Acapulco Pools, Kitchener Hollandia Gardens Limited, London Oakville Custom Swim Pools Ltd., Oakville .” - and - “That Proposal P01-081, Building Maintenance and Control System – Lyle Hallman Pool, be Accu-Temp Cooling & Heating Systems Inc., Kitchener, Ontario awarded to at their proposed price of $69,800., plus G.S.T.” - and - COUNCIL MINUTES JULY 3, 2001245CITY OF KITCHENER - - “That Quotation Q01-088, Apron Pad Replacement – Queensmount Arena, be awarded to 879096 Ontario Inc. (o/a Gamble Construction), Conestogo, Ontario , at their quoted price of $50,345., plus G.S.T.” Carried. Ms. P. Houston, General Manager, Financial Services Department, appeared before Council in respect to the 2001 Corporate Commuter Challenge and advised that the City staff participation rate in 2001 doubled to 12.7% compared with last year resulting in a first place finish. She then presented a recognition plaque to Kitchener staff that was accepted by Mayor C. Zehr as well as a shared award that the City would retain for one month. Messrs. Paul Parker and Brad Blain, University of Waterloo, attended to present the Residential Energy Efficiency Project (REEP) Summary dated April 1999-March 2001. Mr. Blain referenced the following sections of the Summary Report: · Project highlights – 2500 houses evaluated across Waterloo Region (approximately 1200 in the City of Kitchener). · Environmental benefits – 18 percent CO reductions identified in homes that participated in REEP. 2 · Economic benefits – 18 percent savings in energy bills for households that participated in REEP and local economic stimulus of $10M of retro-fit activity. · Community benefits – local employment of nationally certified home energy advisors and 30 students. · Community outreach – over 70 community presentations, workshops and lectures and over 30 media events and stories. · Possible future directions – achievement of potential CO reductions and low income housing 2 retro-fits. Mr. Blain asked that Council receive the report, support continuation of REEP as well as provide financial support. Mr. Blain advised that REEP has a public outreach program that lists typical recommendations that would be made depending on the year a dwelling was constructed and agreed to provide this information to Council. Further, he indicated that the group previously received $5,000. funding from the City of Kitchener that was approved in 1999 but paid out in 2000. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Ziegler “That the request of the Residential Energy Efficiency Project (REEP) of Waterloo Region for continued support as well as funding support be referred to the Environmental Committee for consideration and a recommendation to City Council.” Carried. Ms. Diana Desormeau appeared as a delegation in support of Committee of Adjustment Submission No. FN 2001-006, listed as Item B.17 on the Committee of the Whole agenda of this date. Councillor G. Lorentz requested that both decisions referred to in Item B.17 be dealt with. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler “That Council ratify and confirm the June 19, 2001 decisions of the Committee of Adjustment recommending approval of: · Submission No. FN 2001-006 – Robert & Diana Desormeau (97 Meadowlane Drive) · Submission No. FN 2001-007 – Krzysztof Zakrzewski & Barbara Kiel (63 Highview Drive).” Carried. Mr. George Demetriou appeared in regard to By-law Nos. 2001-114 and 2001-115 which regulate the closing of public halls and licensed places of refreshments between the hours of 3:00 a.m. to 5:00 a.m. and in particular as they relate to his business known as Felicity’s. He suggested that Council COUNCIL MINUTES JULY 3, 2001246CITY OF KITCHENER - - may have been unaware of the extent of the impact that the by-laws would have on his business as well as the fact that the earlier comment by Mr. M. Schreiter which he indicated did not reflect the views of the Kitchener Downtown Business Association and which may have inadvertently influenced Council’s decision to enact the by-laws. Mr. Demetriou advised that he had signed contracts as well as a rental agreement relative to his business. Accordingly, he asked that Council reconsider its earlier decision by either grandfathering the Felicity’s operation or granting Felicity’s an exemption to the by-laws that would cover the four year period of the business lease. Councillor M. Galloway questioned if Mr. Demetriou had disregarded the by-laws since they were passed and Mr. Demetriou advised that he had not. Councillor Galloway also questioned if Mr. Demetriou was aware of any problems with the business that would be of concern to the Police and was advised by the delegation that he would not tolerate drugs on the premise. In response to Councillor J. Ziegler, Mr. Demetriou advised that he would be willing to hire off-duty police officers if the by-laws were changed to accommodate his business which closes at 3:00 a.m. on Wednesdays and Thursdays and 6:00 a.m. on Fridays and Saturdays. Councillor B. Vrbanovic requested that Mr. Demetriou describe activity at Felicity’s during the last three weekends. Mr. Demetriou advised that on June 15 and 16 he had operated past 3:00 a.m. after being advised by the Mayor that due to short notice of the passing of the by-laws enforcement would not take place that weekend. He indicated that on June 22 and 23, he had phoned the City Clerk to obtain permission to remain open past 3:00 a.m.; however, Mayor Zehr clarified that Mr. Demetriou did not receive such permission. Finally, Mr. Demetriou noted that on June 30 and July 1, Felicity’s was closed in conformity with the by-laws. In response to questions of Council, Mr. Demetriou provided the following comment: an inability to compete with other bars during the time period 9:00 p.m. to 3:00 a.m.; he previously operated a bar named Felicity’s located elsewhere in the Downtown; only after 12:30 a.m. did his establishment become busy and reach capacity by 3:00 a.m.; a $5. cover charge applies after 12:00 a.m.; and, after 3:00 a.m. beverages sold were water, juices and pop. Mr. Jason Carroll attended to oppose the by-laws requiring early closing of public halls and licensed places of refreshment as it affects Felicity’s. He indicated that his ability to earn a living was affected by the Early Closing By-laws and he wished to question what the circumstances were that brought about the need to shut down the Felicity’s operation. He commented that Felicity’s had built a special operation during the last six months and was beneficial in terms of providing a place for bar patrons to go after 3:00 a.m. before they attempt to drive home. Councillor B. Vrbanovic responded that the by- law only requires closure between 3:00 – 5:00 a.m. and was intended to create a level playing field between all establishments. Mr. Carroll submitted a petition signed by patrons of Felicity’s opposing the by-laws requiring early closure. Further, he commented that the problem of fighting with closure of bars at 3:00 a.m. had cleared up with the later opening hours of Felicity’s. At the request of Mayor C. Zehr, Inspector Brian Doherty, Waterloo Regional Police Services, attended to answer questions of Council in respect to Felicity’s. Inspector Doherty confirmed that on the first weekend of the passing of the by-laws, the Police were requested by the City not to enforce them given the short notice and indicated that he did not have information with him as to Felicity’s compliance with the by-laws on the weekends of June 22/23 and June 30/July 1. He further indicated that the Police had received eighteen calls for service to Felicity’s in the past five months with ten being drug related and four being liquor infractions and that the majority of calls occurred between 3:00 – 5:00 a.m. At the request of Councillor J. Ziegler, Inspector Doherty commented that it was his view an off-duty police officer in premises such as Felicity’s would have a positive impact in addressing past problems; however, he indicated uncertainty as to the willingness of officers to work off-duty around core hours of 3:00 – 5:00 a.m. He indicated that the cost of service calls had been very roughly estimated last year at approximately $460. per call which did not differentiate between the length of the service provided and the number of officers responding. Councillor J. Ziegler indicated that he was prepared to introduce a Motion for Reconsideration of Council’s June 11, 2001 decisions to enact the Early Closing By-laws. He suggested that with the new information provided by Inspector Doherty, off-duty officers paid for by an establishment could be a pre-condition to allow for extended hours of operation of any bar. A motion by Councillor J. Ziegler to waive notice of motion and allow for reconsideration of City Council’s by-laws requiring early closing of public halls and licensed places of refreshment failed to lost receive a seconder and was . COUNCIL MINUTES JULY 3, 2001247CITY OF KITCHENER - - Mayor C. Zehr explained to the delegations the process Council followed in regard to its consideration of the requests pertaining to the by-laws for early closure of public halls and places of refreshment and advised them that as a result the by-laws remain in force. Mr. T. McCabe, Green Scheels Pidgeon, attended in support of Clause 1 of the Planning and Economic Development Committee report and the by-law listed as Items 9(f) and 12(f) on the agenda for three readings this date. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler “That Clause 1 of the Planning and Economic Development Committee report be adopted.” Carried. Mr. Bill Kowalchuk, Land Use Planning Services, attended on behalf of Mr. Ivan Biuk in regard to Clause 1 of the Public Works & Transportation Committee report dealing with petitions for the construction of local improvement works on Drummond Drive. Mr. Kowalchuk circulated a submission dated June 28, 2001 containing several attachments relating to lands owned by M. and C. Ferraz. Mr. Kowalchuk asked that Council approve the petitions on the basis that they were sufficient in accordance with the Local Improvement Act and that reference be made to the attachment to his written submission wherein M. and C. Ferraz had undertook not to object to local improvements. Finally, he advised that Mr. Biuk has been unsuccessful in reaching agreement with Mr. Ferraz relative to land exchanges necessary to conform to the lotting pattern on Plan 578. Councillor C. Weylie referred to Corporate Services report CPRS-01-120 (L. Neil) dealing with the local improvement petitions and Mr. Kowalchuk advised that his client was prepared to pay the costs of local improvements assessed against his property. Other issues raised by Council referred to the matter of lot elevations on Drummond Drive, the cost of access from Amherst Drive in comparison to Old Mill Road which was opposed by the neighbourhood and that Mr. Biuk attempt to contact Mr. Ferraz by other means than just Canada Post. Mr. P. Aquilina attended in opposition to the petitions noting that he would not receive any benefit from the installations on Drummond Drive. Further, he pointed out that trees would be lost with the development and his water supply from a well on his property may be at risk as a result of the development of Drummond Drive. Accordingly, he maintained that the only person receiving direct benefit from the servicing of Drummond Drive was Mr. Biuk who should assume all the cost. In summary, he asked that Council ensure all costing for the improvements was fair, that proper elevations be established, that his water supply be assured, that as few trees as possible be cut and that City inspectors be extremely diligent to ensure proper building methods were followed by Mr. Biuk. Mr. Randall Martin appeared as a ratepayer with an interest in this matter given the significant City share of the costs to service Drummond Drive if Council granted the petitions of Ivan Biuk. In his presentation he made the following points: the City share was excessive; that Council had discretion not to approve the petitions or pass a by-law; and, that signatures did not bind the City to contribute to the work. It was his view that when the Ontario Municipal Board considered the appeal of related severance applications of Mr. Biuk, that he had undertaken to pay the cost of the local improvement works and questioned why the City would contribute toward those costs. He also questioned why development of this subdivision should proceed by means of the Local Improvement Act as compared to other Plans of Subdivision. Councillor J. Ziegler pointed out to Mr. Martin that Mr. Biuk had the option of appealing Council’s decision respecting these petitions to the Ontario Municipal Board. Mr. J. Shivas briefly commented on the opinion he had provided City Council in respect to this matter, noting that the OMB would likely rule in favour of a situation where a petition was sufficiently signed. Further, he noted that the Local Improvement Act was a statutory procedure that allows persons to obtain servicing for their property. Mr. Manuel Ferraz attended to oppose the local improvement petitions and advised that it was his concern that fair development take place in the area. He referred to the negative way in which property he owned on Sydenham Street was impacted as a result of development on that street by Mr. Biuk. Mr. Ferraz maintained that development of Drummond Drive be contingent upon resolution of grading concerns with respect to Lots 92 and 93 fronting Drummond Drive and abutting Lots 86 COUNCIL MINUTES JULY 3, 2001248CITY OF KITCHENER - - and 87 that front on Sydenham Street. He asked that Council not approve the petitions until land exchanges had taken place to reflect lotting patterns as outlined on Plan 578. Councillor J. Smola indicated that he was prepared to introduce a motion to approve the local improvement petitions. At this time, Mr. L. Neil advised Council that upon further consideration it was uncertain whether the property owned by A. Waterfield could qualify to be included in the petitions. It was noted that his lot had been created as a result of a severance following preparation of the petitions for circulation by Mr. Biuk. His concern related to two issues; firstly, whether Drummond Drive was closed when parcels of the road allowance were conveyed to abutting property owners leaving a 20’ pedestrian right-of-way access to Old Mill Road and; secondly, whether the Waterfield property qualified to be considered as a corner lot in relation to the 20 foot pedestrian access walkway, which he suggested it did not. In any event, if it was deemed that the property owned by Mr. Waterfield did not qualify to participate in the sewer and watermain petitions, then the petition for sewermain would not be sufficient which would invalidate the other two petitions as it was clearly outlined on each petition that none would be approved, unless all petitions were sufficiently signed. Ms. L. MacDonald advised Council that she had just been made aware of these concerns relative to the petitions and was unable to advise of the status of the access from Drummond Drive to Old Mill Road at this time. Councillor J. Ziegler indicated that it was appropriate given the new information presented that staff determine the status of Drummond Drive and the eligibility of the lot owned by Mr. Waterfield to participate in the petitions. Accordingly, he suggested the matter be deferred and referred to the August 13, 2001 Public Works & Transportation Committee meeting. Moved by Councillor J. Ziegler Seconded by Councillor C. Weylie “That consideration of the recommendations contained in Corporate Services report CRPS-01- 100 be deferred and referred to the August 13, 2001 meeting of the Public Works & Transportation Committee and, if required, special Council meeting and that staff provide information relative to the status of Drummond Drive and the eligibility of the lot owned by A. Waterfield to be included in the petitions for sewer and water.” Carried. 1. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler “That the report of Planning and Economic Development Committee be adopted.” Voted on Clause by Clause Dealt with under Delegations and Clause # 1 – Carried. 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.” COUNCIL MINUTES JULY 3, 2001249CITY OF KITCHENER - - Council consented to an amendment proposed by Councillor J. Ziegler and agreed to by the seconder of the motion so as to revise the wording of Clause 2 to read in the affirmative as to adherence to the Municipal Code Chapter 450 (Noise) by CentreCorp. Clause 10 of the report was referred to the meeting this date for consideration of an Encroachment Agreement pertaining to the request of Reggie’s and the Pub, 1 King Street West, to operate a sidewalk patio in front of their premises pending receipt of comment from D. Strong, Manager of the Walper Terrace Hotel. It was indicated that correspondence from Ms. Strong has been received that sets out requested conditions. Ms. L. MacDonald clarified the method used to determine the seating capacity of the sidewalk patio. On motion by Councillor J. Ziegler, seconded by Councillor M. Galloway, it was agreed to authorize the necessary Encroachment Agreement subject to the conditions outlined in June 28, 2001 correspondence from D. Strong. Voted on Clause by Clause Carried, as Amended. Clause # 2 – Carried. Clause # 10 – Carried. Balance of Report – 4.Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic “That the report of Heritage Kitchener, excluding Clause 2, be adopted.” Carried. lost Clause 2 of the report failed to receive a seconder to the motion and was . 5.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 asked that the study of traffic counts and speeding referred to in Clause 3 be undertaken in late September and this request was accepted as a friendly amendment to the motion. Voted on Clause by Clause. Dealt with under Delegations and Clause 1 – Action Deferred and Referred to the August 13, 2001 meeting of the Public Works & Transportation Committee and, if required, special Council pending clarification of the status of Drummond Drive and the eligibility of the lot owned by A. Waterfield to be included in the petitions for sewer and water. Carried, as Amended. Clause 3 – Carried. Balance of report – Mayor C. Zehr advised that a special information session was planned for July 12, 2001, in respect to General Environmental Group’s proposal to develop the former Howden Fans site at 90 Woodside Avenue site for the purposes of recycling hazardous waste. Mr. B. Stanley advised that recycling was a permitted use in industrial zones provided the use was undertaken within an enclosed building. He pointed out that the concern is that it was a permitted use in every other industrial zone and to address this problem it is proposed to consider a by-law that would prohibit recycling as a permitted use where it involves hazardous, toxic or contaminated waste material as an amendment to the Zoning By-law within the Inner City. He suggested that the proposed by-law could exempt the Woodside Avenue property on the basis of a temporary use approval for a two-year period. Mr. Stanley noted that the proposed by-law could be advertised immediately to meet the 20-day notice COUNCIL MINUTES JULY 3, 2001250CITY OF KITCHENER - - requirement under the Planning Act so as to allow Council to be in a position to deal with the by-law by holding special meetings of the Planning and Economic Development Committee and City Council commencing at 7:00 p.m. on July 26, 2001. Further, Mr. Stanley suggested that additional special meetings be held on August 13, 2001 to deal with the City’s response to the Certificate of Approval application filed by General Environmental Group with the Ministry of the Environment. Councillor B. Vrbanovic noted that the intent of what has been proposed by Mr. Stanley was to protect the City as a whole from recycling operations. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler “That special meetings of the Planning and Economic Development Committee and City Council be held on the following dates and for the purposes outlined: (a)on Thursday, July 26, 2001 at 7:00 p.m. to consider a comprehensive revision to Zoning By-law 85-1 dealing with the interface of incompatible industrial uses with residential uses in inner city areas and a site specific provision on 52 and 90 Woodside Avenue. (b)on Monday, August 13, 2001 at 7:00 p.m. to consider the City’s response to the Ministry of the Environment respecting the Certificate of Approval application filed by General Environmental Group.” Carried. At the request of Councillor M. Galloway, Council agreed to direct staff to undertake a survey of residents as to their views on a proposal to create an all-way stop at the intersection of Activa Avenue and Bushclover Drive and to report results of such survey to the Public Works & Transportation Committee. In reference to Regional issues, Mayor C. Zehr advised that he had provided Councillors with a package of information dealing with a Regional water and sewer report. Councillor G. Lorentz indicated that Kitchener Councillors had not been receiving Regional agendas and Mayor C. Zehr acknowledged that this had been arranged; however, he noted that all agendas and material were all available on the Region’s website by meeting date. At the request of Mr. G. Sosnoski, it was agreed to add a Zoning By-law respecting 350 Westmount Road West to the agenda for three readings this date. 6.Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic “That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a)Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (b)Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the Appointment of Staff. (c)Being a by-law to provide for the widening of parts of Mount Hope Street, Park Street and Union Street as public highways in the City of Kitchener. (d)Being a by-law to provide for the widening of parts of Mount Hope Street and Park Street as public highways in the City of Kitchener. (e)Being a by-law to license Buskers. (f)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Michael Weinberg/Alium Investments – Glasgow Street and University Avenue. COUNCIL MINUTES JULY 3, 2001251CITY OF KITCHENER - - (g)Being a by-law to amend By-law 2000-132, a by-law to delegate certain authority under the Planning Act, R.S.O. 1990, c.P. 13. (h)Being a by-law to amend Chapter 549 of the City of Kitchener Municipal Code with respect to Itinerant Temporary Vendor Permanent – Temporary Markets. (i)Being a by-law to amend Chapter 505 of the City of Kitchener Municipal Code with respect to Adult Entertainment Parlour – Regulation. (j)To confirm all actions and proceedings of the Council. (k)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Sunoco Inc. – Westmount 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 C. Weylie as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. 7.Moved by Councillor C. Weylie 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. 8.Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic “That the by-laws listed on the agenda for third reading, namely: (a)Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2001-119) (b)Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the Appointment of Staff. (By-law No. 2001-120) (c)Being a by-law to provide for the widening of parts of Mount Hope Street, Park Street and Union Street as public highways in the City of Kitchener. (By-law No. 2001-121) (d)Being a by-law to provide for the widening of parts of Mount Hope Street and Park Street as public highways in the City of Kitchener. (By-law No. 2001-122) (e)Being a by-law to license Buskers. (By-law No. 2001-123) COUNCIL MINUTES JULY 3, 2001252CITY OF KITCHENER - - (f)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Michael Weinberg/Alium Investments – Glasgow Street and University Avenue. (By-law No. 2001-124) (g)Being a by-law to amend By-law 2000-132, a by-law to delegate certain authority under the Planning Act, R.S.O. 1990, c.P. 13. (By-law No. 2001-125) (h)Being a by-law to amend Chapter 549 of the City of Kitchener Municipal Code with respect to Itinerant Temporary Vendor Permanent – Temporary Markets. (By-law No. 2001-126) (i)Being a by-law to amend Chapter 505 of the City of Kitchener Municipal Code with respect to Adult Entertainment Parlour – Regulation. (By-law No. 2001-127) (j)To confirm all actions and proceedings of the Council. (By-law No. 2001-128) (k)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Sunoco Inc. – Westmount Road West. (By-law No. 2001-129) be taken as read a third time, be finally passed and numbered serially by the Clerk.” Carried. On motion, the meeting adjourned at 9:36 p.m. MAYORCLERK COUNCIL MINUTES JULY 3, 2001253CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 1.A.That the “Glasgow Heights Community Plan” be revised as follows: a) That Map No. 1A be revised by re-designating the lands at the southwest corner of University Avenue and Glasgow Street from “Neighbourhood Institutional” to “Convenience Commercial” and re-designating the lands at the southwest corner of University Avenue and Resurrection Drive from “Convenience Commercial” to “Low Density Residential”, as shown on the attached Map B– Glasgow Heights Secondary th Plan Map No. 1A, dated May 25, 2001. b) That Policy 3.4.2 be deleted and replaced with the following new policy: “3.4.2That a Convenience Commercial site of approximately 0.22 hectares be developed at the southwesterly corner of University Avenue and Glasgow Street as shown on Map No. 1A, as revised. In addition to Convenience Commercial uses, office, health clinic, repair service, veterinary service and multiple dwelling shall also be permitted. A gas bar shall not be permitted”. It is the opinion of this Committee that approval of this revision to the Community Plan is proper planning for the City. B.That Zone Change Application ZC 01/04/G/BS (southwest corner of University Avenue and Glasgow Street - Michael Weinberg / Alium Investments Limited) requesting a change in zoning from Neighbourhood Institutional Zone (I-1), with Special Use Provision 119U and Major Institutional Zone (I-3) with Special Regulation Provision 1R to Convenience Commercial Zone (C-1), with a revised Special Use Provision 119U on lands legally described as Part of Lots 33 and 34, G.C.T., more particularly described as Parts 3 and 7 on Plan 58R-5148, Parts 2 and 9 on Plan 58R-6675 and Part 2 on Plan 58R-11764, in the City of Kitchener, be approved, in the form shown in the attached “Proposed By-law”, th dated May 25, 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. C. That the 0.3 metre (1 foot) reserve legally described as Part 7, 58R-5148 be declared surplus and conveyed, at no cost, to the registered owner of the abutting lands. (Dealt with under Delegations and Carried.) 2.That if City Council supports the temporary occupancy requests presented by Paul Puopolo, on behalf of D5D Enterprises Limited for occupancy by Kodiak Group Inc. and Hobby & Toy Central Ltd. respectively at 4500 King Street East (TuLane Power Centre), the approval be conditional upon the following: That enforcement of the City’s Zoning By-law be waived with respect to the sale of footwear products and hobby / toy products respectively, at 4500 King Street East and temporary occupancy be approved subject to the respective use(s) vacating the location in the event the City initiated comprehensive zoning change to the C-8 Zone is not approved; and further, That in the event of failure to vacate, the City’s Municipal By-law Enforcement Officer be directed to commence notice of action to remove the illegal use(s) and that any work done to the premises be at the sole risk and responsibility of the owner in the event losses are incurred as a result of final disposition of this application. 3.That Council grant relief from the ‘emergency access’ requirement as set out in Council Policy I-652 to permit development on Donley Street to be located approximately 179 metres from the nearest street providing access, without providing an emergency access. COUNCIL MINUTES JULY 3, 2001254CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT’D) 4.That all proposed regulations for tower signs be brought to Council in September, 2001, together with the proposed by-law incorporating all of the changes to the Sign By-law recommended by Council. 5.That Demolition Control Application DC 01/03/M/BS (S. Filiatrault), requesting approval for the demolition of one single detached dwelling located at 84 Maple Hill Drive, legally described as Plan 877 Part Lot 10 and Part Lot 11, be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. 6.That Demolition Control Application DC 01/06/F/CB (Max Becker Enterprises Limited), requesting approval for the demolition of one single detached dwelling, one shed/garage and one outhouse, located at 1187 Fischer Hallman Road, legally described as Plan 1470 Lot 6 of Registered Plan RP58R848 Part 1 Part 3 Part 4, be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. 7.1)That Council receive the ‘Student Housing Task Force-Final Report’ dated April 2001 attached to Business and Planning Services Department report BPS-01-088 for information. 2)That Council request the other representative bodies of the Task Force membership to endorse the report. 3)That Council direct Planning staff to prepare a report to be considered by Planning and Economic Development Committee in August, 2001 which will make recommendations on the implementation of those recommendations for which the City shares accountability, and outline the potential implications of adopting such recommendations. 8.1)That the City of Kitchener participate with the Region of Waterloo and Emergency Services to implement the ‘Municipal Addressing Conversion Program to Province-Wide 911’ by undertaking the necessary rationalization of municipal addresses and municipal addressing computer database required for program implementation by April, 2002. 2)That implementation of the Municipal Addressing Conversion Program to Province Wide 911 for Kitchener be undertaken by the existing Street Addressing Committee comprised of representatives from Business and Planning Services, Information Services, Fire and Legal. 3)That Phase I of the Municipal Addressing conversion Program will be Council Adoption, by By-law, of a City Wide Street Addressing Policy and Standard consistent with Bell 911 addressing requirements. Such Addressing Policy and Standard to be brought forward to Council for consideration in September, 2001 so as to be in place prior to Phase II being the conversion to the Province Wide 911 system through the undertaking of required address corrections and the provision of the municipal address computer database to Bell Canada in April, 2002. 4)That, City Council direct staff to investigate the development of a policy on compensation for property owners and businesses adversely impacted by required address changes and report back to Council prior to commencement of Phase II of the conversion to the Province Wide 911 system. 5)That a Communications Plan be prepared to advise the public on the Municipal Addressing Conversion Program in regard to it’s objectives, benefits, timing of implementation, process, and opportunities for public input. COUNCIL MINUTES JULY 3, 2001255CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT’D) 9.That Clause 4 of the Planning and Economic Development Committee report adopted by City Council on April 2, 2001 be amended in regard to the application number, so as to read as follows: ‘That Demolition Control Application DC 01/02/P/SV (Ivan Biuk), requesting approval for the demolition of the single detached dwelling located at 111 Pinnacle Drive, legally described as Part of Biehns Unnumbered Tract part of 5 on reference plan number 58R7954 be approved. It is the opinion of this Committee that approval of this application is proper planning for the City’. 10. That Council receive the Business and Planning Services Department ‘2000 Annual Report’ for information. COMMUNITY SERVICES COMMITTEE – 1.That the conceptual layout for the 18-hole addition at Doon Valley Golf Course, as presented by Shawn Watters & Associates at the Community Services Committee meeting of June 25, 2001, be approved; and further, That staff continue with the Expansion Work Plan phases 3 - 9, as revised and attached to Community Services Department report CSD-01-095. 2.That the request of the Central Frederick Neighbourhood Association for a grant in the amount of $550.00 to cover the cost of delivery of picnic tables and garbage cans and rental of a sound system for the Summer Festival to be held at Weber Park on August 19, 2001, be approved. 3.That the request of the Central Frederick Neighbourhood Association for an exemption from Council Policy I-249 (Alcohol Management) to allow alcoholic beverages to be served at Weber Park on August 19, 2001, during the neighbourhood's Summer Festival, be approved. 4.That a grant of $10,000. in each of 2001 and 2002 be approved for the K-W Performing Arts Association operating as Theatre & Company, to assist with the cost of providing community based and in-school education programs for youth. 5.That the request of the Y.W.C.A. for a grant of $14,900. to assist with the cost of constructing a rooftop garden for Mary's Place, be denied. 6.That a grant of $800.00 be approved for the Kitchener-Waterloo Society of Artists to assist with the cost of their annual juried art show to be held from July 5 - August 12, 2001. 7.That the Mayor and Clerk be authorized to execute a Letter of Understanding with the Kitchener Portuguese Club Inc. (the "Club"), dated June 19, 2001, which will permit the City to enter upon and maintain the club's soccer pitch and to reserve community use of the soccer pitch. 8.That the request of the owners of 97, 101, 105 & 109 Deer Ridge Drive for financial assistance to construct fencing at the rear of their properties adjacent to a City trail, be denied. 9.That the Mayor and Clerk be authorized to execute an amended Memorandum of Understanding with the Bits & Bytes Computer Club, Victoria School Centre, substantially in the form as attached to Community Services Department report CSD-01-100, and satisfactory to the City Solicitor. 10.That Frank Pizzuto, General Manager of Community Services, be authorized to sign a rental agreement with Wilfrid Laurier University Students' Union for the 2001 use of space by the City of Kitchener's Drama School (CKDS). COUNCIL MINUTES JULY 3, 2001256CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE – (CONT’D) 11.That the archival materials acquired by the Industrial Artifacts Project be donated to appropriate conservation facilities; and further, That the Mayor and Clerk be authorized to execute all necessary agreements with these conservation facilities, satisfactory to the City Solicitor. 12.That the Third Party Rental Agreement for use of the Doon Skatium (Mobile Youth Centre and Skateboard Park), in the form as attached to Community Services Department report CSD-01- 094, be approved. 13.That the position of Acting Facilitator of Seniors, Leisure Programs and Volunteer Management continue until June 14, 2002, to provide stability and continuity for the implementation of the work plan addressing the directions contained in the Galloway Departmental Operational Review related to seniors and leisure programming. 14.That the format for the 2001 Festival of the Night be a family based celebration with programming at City Hall and Civic Square only. FINANCE AND ADMINISTRATION COMMITTEE – 1. 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 owners of Mostly Organic Juice Bar Café located at 119 King Street West, for the operation of a sidewalk patio for the period commencing the date the Agreement is signed by all parties to October 31, 2001. 2. That CentreCorp be advised that all pressure washing of sidewalks, cleaning and line-striping of parking lots at 1005, 1020 and 1405 Ottawa Street North must take place between the hours of 7 a.m. and 7 p.m., in compliance with Municipal Code Chapter 450 (Noise). (As Amended) 3. That the Council of the Corporation of the City of Kitchener opposes the application for a liquor licence by The Saloon, 323 King Street East, Kitchener, for an outdoor patio area; and further, That the Alcohol and Gaming Commission of Ontario be requested to hold their Hearing on this application in the City of Kitchener. 4. That prior to the Hearing of the Alcohol and Gaming Commission and following consultation with the neighbourhood surrounding The Saloon, 323 King Street East, Kitchener, staff present a report to the Finance and Administration Committee outlining those conditions which the City would request be imposed should the Alcohol and Gaming Commission approve the application of The Saloon for a liquor licence for an outdoor patio; such conditions to include any outstanding matters relative to completion of site development as required through the approved site plan. 5. That subject to obtaining the necessary licence, including Fire and Health approvals, the request of Kitchener Minor Boys Softball to operate a refreshment stand at Wilson Park on June 15, 16 & 17, 2001, be approved. 6. That subject to obtaining the necessary licence, including Fire and Health approvals, the request of the Optimist Club of Southwest Kitchener to operate a refreshment stand at their events at Southwest Optimist Sportsfield during 2001, be approved. 7. That a by-law to licence Buskers and a by-law to amend Municipal Code Chapter 549 (Itinerant Vendors) in the form as attached to Corporate Services Department report CRPS-01-094, be approved; and further, COUNCIL MINUTES JULY 3, 2001257CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE – (CONT’D) 7.(Cont’d) That both by-laws be reviewed by staff one year from the date of enactment, with a subsequent report being presented to the Finance and Administration Committee. 8. That staff publish a notice in The Record advising that Council will consider enacting a by-law to licence Complimentary Health Modalities Centres in the City of Kitchener, in the form as attached to Corporate Services Department report CRPS-01-095; and further, That any public comment in this regard be considered at the August 13, 2001 Finance and Administration Committee meeting. 9. That the recommendations in the discussion paper ‘Building Safer Communities – Safer Communities Through Co-operative Enforcement’ dated October 19, 2000 of the Ministry of Consumer and Commercial Relations, be endorsed; and, That the Ministry be advised of the City of Kitchener’s interest in participating in future discussions of the recommendations in the discussion paper; and further, That a copy of this resolution be sent to local area MPPs, the Association of Municipalities of Ontario, the City of Windsor and the Association of Municipal Managers, Clerks & Treasurers of Ontario. 10.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(s) of Reggie’s and The Pub located at 1 King Street West for the operation of a sidewalk patio for the period commencing the date the Agreement is signed by all parties to October 31, 2001, subject to the conditions outlined in correspondence dated June 28, 2001, from D. Strong, General Manager of the Walper Hotel. 11. That the request of John Cocking, Instant Replay Flyball Team, for an exemption from the Pit Bull provisions of Municipal Code Chapter 530 (Dogs) to allow Pit Bulls to compete in the Flyball Tournament at the Berkley Ballroom, Bingeman Park, on July 21 & 22, 2001, be approved, subject to the following conditions: a) the operators of the tournament shall provide the Kitchener-Waterloo and North Waterloo Humane Society, in advance, with a list of those individuals bringing and handling Pit Bulls; and, b) all Pit Bulls shall be muzzled and kept on a short leash while outside the Berkley Ballroom premises at Bingeman Park. 12. That consideration of Finance Department report FIN-01-009 [Proposal – Permanent be deferred and referred to the Finance and Geographic Information System (GIS) Section] Administration Committee meeting of August 13, 2001, pending further information from staff, as follows: a) identification of any duplication of services between the City and the Region of Waterloo; b) benefits of the Geographic Information System relative to Capital forecasting; c) all savings to date, and anticipated, including reductions in full-time equivalents, resulting from the implementation of the Geographic Information System; and, d) a determination as to whether other municipalities in the area are obtaining, free of charge from the Region of Waterloo, geographic information which has been produced, at a cost, by the City of Kitchener. COUNCIL MINUTES JULY 3, 2001258CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER – 1. That pursuant to Section 33 of the Ontario Heritage Act, Council approve the application of the owner to alter the designated property municipally known as 5 Maurice Street (Shantz Terrace) to restore the remainder of the exterior brickwork and apply an Exterior Finish Insulation System (EIFS) as outlined in their Alteration Application dated June 15, 2001, subject to review by the City’s Heritage Planner and a member of Heritage Kitchener of the aesthetic reveals in the applied exterior finish. 2. That pursuant to Section 29 of the Ontario Heritage Act, Council direct the Clerk to publish a Notice of Intention to designate the property municipally known as 236-248 Victoria Street North (former Bauer Skate factory) as being of historic and architectural significance; and further, That the specific features of the designation include: all elevations, the roof and roof lines, fenestrations, brick detailing on the front and side facades, masonry detailing, coping and corbelling. (Motion Lost) 3.That pursuant to Section 43 of the Ontario Heritage Act, and subject to this lot being created by deed endorsement for Application for Consent B 2001-018, Council approve the request of the owner, as outlined in his Alteration Application dated June 14, 2001, to alter the designated property legally described as Part Lot 14, Registered Plan 1571 and Part Lot 2, Biehn’s Tract, bounded by St. Emilion Place and Doonbrook Place, located in the Upper Doon Heritage Conservation District, by constructing a new single family dwelling as shown on the plans prepared by W. D. Slumskie, dated June 14/01. PUBLIC WORKS AND TRANSPORTATION COMMITTEE – deferred and 1. That the following recommendation contained in staff report CRPS-01-100 be referred to the August 13, 2001 meetings of the Public Works & Transportation Committee and, if required, special Council for consideration: “That Council grant the petitions of Mr. Ivan Biuk, et al for construction of the following local improvement works on Drummond Drive: · Sanitary Sewer and Connections on both sides, from 45 m north of Amherst Drive to Old Mill Road · Watermain and Connections on both sides, from Amherst Drive to Old Mill Road · Class III Pavement on both sides, from Amherst Drive to the end of the cul-de-sac; and further, That staff provide information relative to the status of Drummond Drive and the eligibility of the lot owned by A. Waterfield to be included in the petitions for sewer and water.” (As Amended) 2. That the Annual Fall Leaf Collection Program be provided from October 15 to November 23, 2001, with loose leaf collection to be provided only on designated streets on a tri-weekly basis and bagged leaf collection to be provided throughout the City on a bi-weekly basis; and, That drop-off opportunities be provided in the following four locations for the convenience of residents: · Utilities Operation Centre – off Elmsdale Drive · Bramm Street Yards · Breithaupt Centre · Stirling Avenue at the Auditorium Complex; and further, COUNCIL MINUTES JULY 3, 2001259CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE – (CONT’D) 2.(Cont’d) That staff prepare a detailed communications plan to be implemented by September 1, 2001 for the purpose of educating the public. 3. That an Adult Crossing Guard location be established at the intersection of Zeller Drive / Oldfield Drive and Lackner Boulevard, effective September 4, 2001; and, That the Operating Budget be adjusted to reflect an over expenditure of $3,000.; and further, That staff undertake further study, in late September, of traffic counts and speeding relative to the intersections of Ottawa Street North at Montcalm Drive and Lackner Boulevard at Zeller Drive, with a report to be provided at the October 29, 2001 Public Works and Transportation Committee meeting. (As Amended) 4. That Council approve the Class Environmental Assessment Master Plan Servicing Study for Waste Water Storage Facilities for the Ottawa / Manchester / Montgomery Trunk Sanitary Sewer System Study, as presented at the Public Information Centres on October 4, 2000, December 20, 2000 and April 18, 2001; and further, That the Class Environmental Assessment Master Plan Servicing Study for Waste Water Storage Facilities report for this project be filed with the City Clerk for the mandatory 30 day public review period. 5. That the following roads be designated as ‘Heavy Trucks Permitted’ under the City of Kitchener Uniform Traffic By-law No. 2000-159, Schedule 20, Part XVII, Section 1 - Heavy Trucks Permitted: · Guelph Street – Riverbend Drive to Sereda Road · Huron Road – Trussler Road to Fischer-Hallman Road · Riverbend Drive – Wellington Street to Guelph Street · Union Boulevard – Belmont Avenue to north City limit · Wellington Street – Lancaster Street to Riverbend Drive; and further, That the Uniform Traffic By-law be amended accordingly. 6.That coal tar found under Locust Street between Frederick Street and Mansion Street be removed and disposed of in accordance with Ministry of Environment regulations. 7.That the Utilities Division be authorized to issue a tender call to implement a Utilities Appliance Warranty Program through a third party underwriter. 8. That Council approve, in principle, installation of traffic control signals at the following intersections and that the required funding of $160,000. be referred to the 2002 Capital Budget process: · Bleams Road at Century Hill Drive · Lackner Boulevard at Keewatin Avenue; and, That the following intersections be monitored for potential traffic signal installation based on a signal warrant being met: · Fischer-Hallman Road at Activa Drive · Victoria Street at Eastforest Trail / Westforest Trail · Victoria Street at Oprington Drive / Stoke Drive · Courtland Avenue at Siebert Avenue · Westmount Road at Gage Avenue; and, COUNCIL MINUTES JULY 3, 2001260CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE – (CONT’D) 8.(Cont’d) That Council direct Engineering staff to prepare a design of the Bleams Road and Trillium Drive / Thistledown Drive intersection, in conjunction with Regional Engineering Staff, and to implement traffic control signals and the necessary roadway modifications, with the estimated cost of the road modifications to be referred to the 2002 Capital Budget process; and further, That the Waterloo Regional Police be requested to continue enforcement of speeding on Bleams Road and Lackner Boulevard. COUNCIL MINUTES JULY 3, 2001261CITY 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) Refreshment Stand It was resolved: “That the Central Frederick Neighbourhood Association be granted permission to operate a refreshment stand at Weber Park, on August 19, 2001, for their annual Summer Festival, provided the necessary licence is obtained, including Health and Fire approvals; and further, That the nominal fee of $10.00 be applicable.” - and - “That the Pathway Community Church be granted permission to operate a refreshment stand, at Doon-Pioneer Park Community Centre, on July 8, 2001, provided the necessary licence is obtained, including Fire and Health approvals; and further, That the nominal fee of $10.00 be applicable.” ii) Adult Entertainment Parlour Attendant It was resolved: “That Christina Bellamy, employed at 2271 Kingsway Drive, Kitchener, be granted a 2001 Adult Entertainment Parlour Attendant Licence.” 2.Engineering Agreement - McCormick Rankin Corporation 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 McCormick Rankin Corporation regarding the Victoria Street and Park Street Reconstruction.” 3.Engineering Agreement - Cambridge Engineering and Planning Consultants 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 Cambridge Engineering and Planning Consultants Limited, regarding Zeffer Subdivision (Veronica Drive; Kristi Place and Zeffer Place) (Lots 19, 34, 35, and 36), Plan 30T-77064.” COUNCIL MINUTES JULY 3, 2001262CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER – (CONT’D) 4.Engineering Agreement – Conestoga-Rovers & Associates 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 Conestoga- Rovers & Associates regarding the reconstruction of Ahrens St E. (Victoria St. to Young St.) & College St. (Weber St. to Ahrens St. E.).” 5.Consulting Services Agreement – The Walter Fedy Partnership It was resolved: “That the Mayor and Clerk be authorized to execute an agreement for the provision of Professional Consulting Services made between the City of Kitchener and The Walter Fedy Partnership regarding the Church Street, St. George Street and Eby Street Reconstruction Project.” 6.Quit Claim Deed – Blackwell Drive/Claycroft Crescent/Montana Street/High Acres Crescent It was resolved: “That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all the rights of the City contained in Instrument No. 793636, respecting Lots 218, 219, 247, 248, 290, 291, 482 and 483 according to Registered Plan 1448.” 7.Consent to Transfer – 81 Hollinger Crescent It was resolved: “That the City consent to the transfer from 966096 Ontario Limited to Cameron Mitchell Kitchen for the property described as Part 2 on Reference Plan 58R-4498 and municipally known as 81 Hollinger Crescent, Kitchener.” 8.Lease Agreement – Dawn-Glo Stables (Village) and Equestrian Riding Centre Councillor J. Ziegler requested that the recommendation listed on the agenda be amended to reflect authority to execute a lease satisfactory to the City Solicitor, and after input from the Ward Councillor. Staff were also directed to investigate the gravel bar across from the Moore residence to determine if its development is due to river conditions or site runoff from City lands. They were also asked to provide an opinion on whether to dredge or remove the gravel bar. The recommendation was then voted on, as amended. It was resolved: “That the Mayor and Clerk be authorized to execute a lease, satisfactory to the City Solicitor and after input from the Ward Councillor, with the operators of the Dawn-Glo Stables (Village) and Equestrian Riding Centre for the lease of adjacent City land for equestrian trails.” COUNCIL MINUTES JULY 3, 2001263CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER – (CONT’D) 9.Licensing Agreements – Avion Film Productions Inc. It was resolved: “That Council ratify and confirm Interim C.A.O. Robert Pritchard’s authority to sign the th Licensing Agreement dated April 10, 2001, for the use of the 10 Floor of City Hall for filming of the music video ‘Touch’.; and further, That Council ratify and confirm Interim C.A.O. Robert Pritchard’s authority to sign the Licensing Agreement dated April 10, 2001, and the Amending Agreement dated April 13, 2001, for the use of the first floor of 156-168 King Street for the production office of the music video ‘Touch’.” 10.Lease Amendment – Homer Watson House Foundation It was resolved: “That the Mayor and Clerk be authorized to execute an Amendment to Lease, dated June 18, 2001, with Homer Watson House Foundation, to add lands described as Part Lots 119 and 120, Registered Plan 578, shown as Part 2 on Plan 58R-6896 to the City’s existing lease dated October 25, 1999 with Homer Watson House Foundation.” 11.Surplus Land Exchange – Antigua International Developments Limited It was resolved: “That the property described as Part of Block 129, Registered Plan 1710, and consisting of about 0.8 acres located adjacent to Homer Watson Blvd. and old Pinnacle Drive closed, be declared surplus to the City’s needs; and, That the City enter into, and the Mayor and Clerk be authorized to execute, a conditional agreement dated June 7, 2001 with Antigua International Developments Limited to exchange the said property for land also approximately 0.8 acres in area, forming part of new Pinnacle Drive and designated as Part 2 on Reference Plan 58R- 4554; and further, That the Mayor and Clerk be authorized to execute any documents considered necessary by the City Solicitor to complete this transaction.” 12.Surplus Land Sale – Hallman Brierdale Limited It was resolved: “That the property described as Part of Lot 123, German Company Tract, being 2 remnant parcels of land, consisting of about 4 acres, located adjacent to the Kolb Drain and fronting on Lackner Boulevard, be declared surplus to the City’s needs; and, That the City accept, and the Mayor and Clerk be authorized to execute, a conditional offer dated June 20, 2001, from Hallman Brierdale Limited, to purchase the said 2 remnant parcels for the sum of $201,000 plus survey costs; and further, That the Mayor and Clerk be authorized to execute any documents considered necessary by the City Solicitor to complete this transaction.” COUNCIL MINUTES JULY 3, 2001264CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER – (CONT’D) 13.Business Enterprise Centre Sponsorship Agreements – Hewlett Packard and Canadian Imperial Bank of Commerce It was resolved: “That the City enter into, and the Mayor and Clerk be authorized to execute, a sponsorship agreement dated July 3, 2001, with the Hewlett Packard to provide equipment valued at $19,000 for Business Enterprise Centres and over a term of three years running from June 1, 2001 to May 31, 2004.” - and - “That the City enter into, and the Mayor and Clerk be authorized to execute, a sponsorship agreement dated July 3, 2001, with the Canadian Imperial Bank of Commerce (bizSmart) to provide funding in the amount of $10,000 for Business Enterprise Centres and over a term of one year running from July 1, 2001 to June 30, 2002.” 14.Various Tenders Dealt with under Delegations. 15.Sale of Tickets – The Canadian National Institute for the Blind Council was in receipt of Corporate Services Department report CRPS-01-103 (J. Koppeser), dated June 21, 2001, recommending endorsement of a request to sell cash calendars locally. It was resolved: “That the City of Kitchener has no objection to The Canadian National Institute for the Blind, Ontario Division, Sudbury/Manitoulin District Office, 303 York St., Sudbury, Ontario, P3E 2A5, being granted permission to sell CNIB 2002 Cash Calendars with draws to be held from January 1, 2002 to December 31, 2002 at CNIB, Sudbury District Office, 303 York St., Sudbury, Ontario, P3E 2A5.” 16.Provincial Lottery Licence – Kitchener-Waterloo Symphony Council was in receipt of Corporate Services Department report CRPS-01-108 (J. Koppeser), dated June 26, 2001, recommending endorsement of the K-W Symphony’s application for a Provincial Lottery Licence. It was resolved: “That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to the Kitchener-Waterloo Symphony, 101 Queen St. N., Kitchener, Ontario, N2H 6P7, to conduct the “2001/2002 KWS Lexus Lottery” on February 23, 2002, in the City of Kitchener, which will also include a series of “Early Bird” draws.” 17Committee of Adjustment Decisions – Various . Dealt with under Delegations. 18.Extended Warranty Agreement – Mail Folder/Inserter Council was in receipt of Financial Services Department report FIN-01-014 (O. den Ouden/P. Houston), dated June 19, 2001, recommending execution of the agreement. COUNCIL MINUTES JULY 3, 2001265CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER – (CONT’D) 18.Extended Warranty Agreement – Mail Folder/Inserter – (Cont’d) It was resolved: “That the Mayor and City Clerk be authorized to execute an Extended Warranty Agreement with Mailing Innovations Limited for the Revenue Division’s mail folder/inserting equipment; and further, That the General Manager & City Treasurer, Financial Services Department for the City of Kitchener be delegated the authority to sign like manner agreements in the future.” 19.Expropriation – Tilt Drive Council was in receipt of Corporate Services Department report CRPS-01-112 (G. Melanson), dated June 27, 2001, recommending initiating expropriation of lands required for the Tilt Drive Extension. Councillor J. Ziegler indicated that he would not oppose the expropriation, but asked that Council have further discussion on the impact on the Tilt family, as they have voluntarily exempted themselves from the planning process since 1979, an action which may have been to their financial detriment. Council agreed to further in-camera discussion on either August 13 or August 25, 2001. It was resolved: “That the City Solicitor be instructed to initiate expropriation proceedings to acquire title to that portion of land, owned by George Robert Tilt, which is composed of Part of Lots 2 and 3, Biehn’s Tract, and located west of Doon Village Road between Anvil Street and Tilt Drive in the City of Kitchener, required for the construction of a new road as generally set out in the sketch attached to CRPS 01-112 Report to Council date June 27, 2001 and as will be more particularly set out in a reference plan to be completed at the City's expense; and further, That the City Solicitor be instructed to initiate expropriation proceedings to acquire title to that portion of land, owned by John Tilt, which is composed of Part of Lot 3, Biehn’s Tract, and located west of Doon Village Road north and fronting on Tilt Drive in the City of Kitchener, required for the construction of a new road as generally set out in the sketch attached to CRPS 01-112 Report to Council date June 27, 2001 and as will be more particularly set out in a reference plan to be completed at the City's expense.” 20.Noise Exemption Request – Freedom in Christ Family Church Council was in receipt of correspondence from Joseph J. Goodwin, Community Impact Director – Freedom in Christ Family Church, dated June 18, 2001, requesting a noise exemption on August 23, 2001. Traffic & Parking previously advised that they have no concerns with the request. It was resolved: “That the Freedom in Christ Family Church be granted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code in conjunction with an event entitled Operation ALIA to be held at Laurentian Senior Public School, 775 Westmount Road East, from 12:00 Noon to approximately 6:00 p.m. as outlined in correspondence from Joseph J. Goodwin, dated June 18, 2001.” COUNCIL MINUTES JULY 3, 2001266CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER – (CONT’D) 21.Offer to Sell – 2 Natchez Road Council was in receipt of Corporate Services Department report CRPS-01-099 (G. Andersen), dated June 27, 2001, recommending a land purchase to continue the Kolb Drain improvements. It was resolved: “That the City accept the Offer from the Estate of Ambrus Galantai dated June 26, 2001 to sell to the City a parcel of land approximately 66 feet by 200 feet more or less composed of Part of Lot 122, German Company Tract being part of the property municipally known as 2 Natchez Road. The purchase price is $100,000.00 plus the Vendor’s reasonable legal costs, the cost of a new Reference Plan and the installation of a new sanitary connection pipe to the Vendor’s existing house at 2 Natchez Road.” 22.Provincial Lottery Licence – The Rotary Club of Kitchener-Conestoga Council was in receipt of Corporate Services Department report CRPS-01-118 (J. Koppeser), dated June 27, 2001, recommending endorsement of the Club’s request for a Provincial Lottery Licence. It was resolved: “That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to The Rotary Club of Kitchener-Conestoga, Suite 110, 53 Frederick St., Kitchener, Ontario, N2H 2M2, to conduct a “Dream Home Lottery” on December 1, 2001, at 7 Winding Wood Crescent, in the City of Kitchener, which will also include a series of “Early Bird” draws.” 23.Permit Fees – Municipal Rights-of-ways – Ontario Regulations 35/61 Council was in receipt this date of Corporate Services Department report CRPS-01-121 (J. Shivas), dated June 29, 2001, recommending that Council endorse a March 28, 2001 City of Ottawa resolution regarding the right to charge permit fees for use of municipal rights-of-way by telecommunications, gas and electrical utility companies. It was resolved: “That Kitchener City Council endorse the March 28, 2001 resolution of the City of Ottawa regarding the use of City rights-of-ways by telecommunications and gas and electrical utility companies, and the right of municipalities to charge user fees in this regard; and further, That a copy of this resolution be forwarded to the Premier of Ontario, Minister of Municipal Affairs and Housing, local MPPs, the Large Urban Mayors Caucus of Ontario, the Federation of Canadian Municipalities and the Association of Municipalities of Ontario.” 24.Encroachment Agreement – 835 King Street West (Grand River Hospital) Council was in receipt this date of Corporate Services Department report CRPS-01-122 (L. MacDonald), dated June 29, 2001, recommending that the City execute an agreement to legalize two existing signs located in the King Street road allowance in front of Grand River Hospital. COUNCIL MINUTES JULY 3, 2001267CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER – (CONT’D) 24.Encroachment Agreement – 835 King Street West (Grand River Hospital) – (Cont’d) It was resolved: “That the Mayor and Clerk be authorized to execute an agreement with the registered owner of the property municipally known as 835 King Street West, the Grand River Hospital, to legalize two existing signs located in the King Street West road allowance.” 25.Monster Bingo/Break-Open Ticket Lottery – Big Brothers of Kitchener-Waterloo Council was in receipt this date of Corporate Services Department report CRPS-01-119 (J. Koppeser), dated June 28, 2001, recommending endorsement of the Provincial licence application of the Big Brothers of Kitchener-Waterloo. It was resolved: “That the City of Kitchener has no objection to a Provincial Licence being issued to the Big Brothers of Kitchener-Waterloo, 451 Ottawa Street South, Kitchener N2M 3P6, for a Monster Bingo and a Break-Open Ticket Lottery to be held in the Kiwanis Arena at the Kitchener Memorial Auditorium Complex on October 8, 2001.” 26.Cross Border Servicing Agreement – Mannheim Village Estates Council was in receipt this date of Corporate Services Department report CRPS-01-121 (J. Shivas), dated June 28, 2001, recommending execution of a Servicing Agreement crossing municipal boundaries. It was resolved: “That the Mayor and Clerk be authorized to execute a Cross Border Servicing Agreement, dated June 13, 2001, with The Corporation of the Township of Wilmot, to provide sewage collection service to a maximum of 77 units in the Mannheim Village Estates Subdivision and water service to the entire Mannheim Settlement Area.” 27.Joint Venture/Use Agreement – Grand River Collegiate Community Library Council was in receipt this date of Corporate Services Department report CRPS-01-127 (J. Shivas), dated July 3, 2001, recommending execution of an agreement which provides for a lease from the School Board to the City which will then be assigned to the Library Board. It was resolved: “That Council consent to the City enter into as an intervening party, and the Mayor and Clerk be authorized to execute a Joint Venture/Use Agreement containing a 110-year lease and operating provisions, dated June 29, 2001, between Kitchener Public Library Board and Waterloo Region District School Board, respecting the Grand River Collegiate Community Library at 175 Indian Road, Kitchener.” 28.Architectural Services Contract – Brisbin, Brook & Beynon Council was in receipt this date of Community Services Department report CSD-01-108 (K. Baulk), dated July 3, 2001, recommending approval of architectural services for upgrades to the Kitchener Memorial Auditorium Complex. Council gave previous direction to proceed with the construction tender process at it’s meeting of March 14, 2001. COUNCIL MINUTES JULY 3, 2001268CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER – (CONT’D) 28.Architectural Services Contract – Brisbin, Brook & Beynon – (Cont’d) It was resolved: “Further to Council’s resolution of March 14, 2001, and as outlined in report CSD-01- 033, that an expenditure of $486,001.00 plus GST be approved for Brisbin, Brook & Beynon to provide architectural services for the Kitchener Memorial Auditorium Complex upgrades; and further, That the Mayor and Clerk be authorized to sign the agreement subject to the satisfaction of the City Solicitor.” 29.Parking Allocation – Sunlife Assurance Company of Canada Council considered a recommendation arising from in-camera discussion this date relative to parking space allocations at the Market Square Parking Garage. It was resolved: “That the City, as owner of the Market Square Parking Garage, acknowledge the allocation of 140 parking spaces therein, for use by tenants of 22 Frederick Street at market rates, to Sunlife Assurance Company of Canada, pending discharge of its mortgage on 22 Frederick Street premises.” 30.Memorandum of Settlement – Kitchener Professional Fire Fighters Association Councillor J. Smola disclosed a pecuniary interest and abstained from all voting and discussion concerning the Memorandum of Settlement for the Kitchener Professional Fire Fighters Association Local 457 as his brother is a member of that Association. Council considered a recommendation arising from in-camera discussion this date. It was resolved: “That City Council approve the terms and conditions contained in a Memorandum of Settlement dated June 26, 2001, in connection with the 2000-2002 Collective Agreement with the Kitchener Professional Fire Fighters Association Local 457; and further, That the Mayor and Clerk be authorized to execute any documentation arising therefrom.” 31.Service Hookup – Parkwood Developments Limited Council was in receipt of Development & Technical Services Department report BPS- 01-092 (B. Stanley/S. Gyorffy), dated June 28, 2001, recommending Council support for water and sewer service for a proposed single family home to be constructed on the north side of Bloomingdale Road (at Daniel Avenue) in the Township of Woolwich. Council was also in receipt of a Township of Woolwich resolution approving the connection, which was enacted on June 26, 2001. It was resolved: “That Kitchener City Council supports the servicing of one single family dwelling on the 2.32 acre property of Parkwood Developments Limited in the Township of Woolwich through the City of Kitchener services.” COUNCIL MINUTES JULY 3, 2001269CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER – (CONT’D) 32.Educational Development Charges – Waterloo Region District School Board B. Stanley referred to correspondence received by P. Houston from the Waterloo Region District School Board in respect to educational development charges. Council had previously, by resolution, urged both District School Boards to provide an exemption from the payment of such charges in the core area (Downtown), and an appropriate phase-in period. Mr. B. Stanley advised that the 40-day appeal period relative to educational development charges for the Waterloo Region District School Board ends on August 4, 2001, with the City to receive formal notice on July 16, 2001. He suggested that given the upcoming five- week hiatus in Council meetings, Council may wish to consider delegating authority to appeal the Educational Development Charge By-law, if appropriate. He also noted that the Waterloo Catholic District School Board intends to enact a similar by-law in the very near future. It was resolved: “That the Assistant General Manager – Business & Planning Services be granted the authority to lodge appeals to the Educational Development Charges By-laws of the Waterloo Region District and Waterloo Region Catholic District School Boards, if in his opinion this is warranted given Council’s previous position in respect to such development charges; and further, That any such appeals filed be endorsed at the Planning and Economic Development Committee meeting of August 13, 2001, and subsequently by Council.”