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HomeMy WebLinkAboutCouncil Minutes - 1999-02-01COUNCIL MINUTES FEBRUARY 1, 1999 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by the Karing Kids of the King School of Vocal. Mayor C. Zehr thanked the Choir for their appearance and rendition of the National Anthem this date. Mayor C. Zehr welcomed students of Conestoga College's Recreation and Leisure Program who were attending the meeting this date. On motion by Councillor Jake Smola, the minutes of the regular meeting held January 18 and special meetings held January 18 and 25, 1999, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (a) Letter dated January 20, 1999 from Honourable Tony Clement, Minister of Transportation, acknowledging receipt of Council's resolution of January 18, 1999 regarding the proposed new Highway #7 between Kitchener and Guelph. Mayor C. Zehr asked that the settlement reached with the City's Transit Drivers be dealt with. Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That City Council approve the terms and conditions contained in a Memorandum of Settlement dated January 28, 1999, in connection with the 1999-2001 Collective Agreement with CAW Local 4304; and further, That the Mayor and Clerk be authorized to execute any documentation arising therefrom." Mayor C. Zehr thanked the negotiators on both sides of the issue for their effort in reaching a resolution. At the request of Councillor G. Lorentz a recorded vote was taken on Councillor John Smola's motion and it was Carried Unanimously. Mr. L. Gordon, Manager of Purchasing, was in attendance to answer any questions concerning the tenders listed on the Committee of the Whole agenda of this date. Moved by Councillor T. Galloway Seconded by Councillor G. Lorentz "That tender T98-091, Supply of Natural Gas Plastic Pipe, be awarded to KWH Pipe (Canada) Ltd., Mississauga, Ontario, at their tendered price of $40,515., plus P.S.T. & G.S.T." -and- "That tender T98-092, Supply of Meter Bar Assemblies, be awarded to Bryan Donkin RMG Canada Ltd., Woodstock, Ontario, at their tendered price of $117,740., plus P.S.T. & G.S.T." -and- "That tender T98-101, Three Road Rollers, be awarded to Ontrac Equipment Services Inc., Waterloo, at their tendered price of $116,184., plus G.S.T. & P.S.T. (less $25,000. trade-in for one (1) 1995 Hamm Model BW80AD)." -and- "That tender T98-103, 60 KW (80 hp) All Wheel Drive, Rubber Tired Industrial Tractor with Front End Loader and Extendable Backhoe, be awarded to Advance Construction Equipment, Kitchener at their tendered price of $92,390., plus optional Lube and Oil changes at $350. per visit, G.S.T. and P.S.T." Carried. COUNCIL MINUTES FEBRUARY 1, 1999 - 30 - CITY OF KITCHENER Mayor C. Zehr advised that it was an honour to present the Community Service Award as part of the City's Partnership in Education Program. He called on Mr. Scott Gibson, the recipient, and presented the award in recognition of Mr. Scott's extensive community involvement as a volunteer contributing in a positive way to the betterment of the community. Mr. C. Ford, Environmental Engineer for the City of Kitchener, appeared before Council to present an update report on the City's Energy Management System. Portions of the 1998 Energy Management Report were presented in overhead display to Council and it was noted that savings of $7.8 million have been achieved to date based on an investment of $3.6 million in energy management measures. An example of recent savings achieved within the City's transit garage was given and it was pointed out that 115 programs were planned for 44 City facilities spanning a three-year period. Mr. Ford commented that in evaluating Energy Management Programs, a five-year timeframe was the maximum pay back period that was looked for. Finally Mr. Ford commented on the City's utility costs and pointed out that $930,000 has been saved because of the projects implemented to date. Councillor T. Galloway applauded the efforts by City staff for the success achieved in this program which was done in-house rather than through an approach involving consultants. Ms. Moira Taylor, President of the Kitchener Downtown Inter-Community Health Centre Board, appeared as a delegation along with other representatives in attendance to provide a progress update on the Board's activity. Firstly, she pointed out that the Board has broad community representation and then reviewed its actions since the beginning of 1998. She advised that currently they were implementing three programs which she proceeded to describe and that their Association was calling on the Minister of Health to increase funding since Provincial funding has been frozen since 1995. A draft resolution was tabled by the delegation and Council's endorsement was requested. Councillor M. Yantzi questioned how the Board's project fits in with recent announcements involving improvements to health care. The delegation commented that it was their view the Downtown Clinic was a vital part of community care. Councillor J. Haalboom questioned what type of clinic was being considered and the delegation advised that there was a need for a care facility that was focused on community care needs. She defined the difference, as she saw it, between Urgent Care Facilities and the responsibilities that a Downtown Health Care Facility would undertake and gave examples in that regard. Councillor T. Galloway questioned if there was an optimum geographic area that such a Downtown Community Care facility would serve. The delegation responded that the immediate Downtown area was the focus but that in fact, it could serve the needs of approximately 43,000 people living in 17 planning neighbourhoods within and adjoining the Downtown. Moved by Councillor M. Yantzi Seconded by Councillor K. Taylor-Harrison "WHEREAS the Board of the Kitchener Downtown Inter-Community Health Centre submitted a proposal requesting core funding from the Province of Ontario Ministry of Health for the Kitchener Downtown Inter-Community Health Centre to address the health, health promotion and illness prevention needs in Downtown Kitchener; AND WHEREAS the Ministry of Health informed the Board that there is no funding available for Community Health Centres at this time; AND WHEREAS the Association of Ontario Health Centres (AOHC) has submitted a proposal to the Ministry of Health requesting the Ministry to reinvest in the existing Community Health Centres, Community Health Access Centres and Community-Governed Health Service Organizations and to increase the current number of these from 65 to 130 over the next three years; THEREFORE BE IT RESOLVED that Kitchener City Council supports the AOHC's request for the unfreezing of funding for Community Health Centres, Community Health Access Centres and Community-Governed Health Service Organizations and encourages the Ministry to provide funding for the Kitchener Downtown Inter-Community Health Centre; AND FURTHER that a copy of this resolution be forwarded to the Ontario Minister of Health, the local MPP's, the Association of Ontario Health Centres and AMO." Carried. COUNCIL MINUTES FEBRUARY 1, 1999 - 31 - CITY OF KITCHENER Messrs. Ted Nowak and Adam Schmidt appeared as a delegation on behalf of their respective branches of the Royal Canadian Legion in support of clause 1 of the Finance and Administration Committee report of this date dealing with exemption of municipal property taxes. Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That clause 1 of the report of the Finance and Administration Committee of this date be adopted." Councillor M. Yantzi advised that he had enquired if any community use of the Branch's was expected and Mayor C. Zehr advised that they currently are used by community groups but that this issue would be followed up on. Councillor J. Ziegler raised the issue of Provincial sharing of the cost of the tax exemption and following discussion, it was determined the Province would participate to the extent of foregoing its education portion of municipal taxes. Ms. P. Houston questioned if Council's intent was that the year 1999 be the effective date of commencement of the five year exemption and on motion by Councillor J. Ziegler, seconded by Councillor G. Lorentz, it was agreed to amend clause 1 in this regard. Clause 1, as amended, was then put to a vote and Carried Unanimously. Mr. Tim Dixon appeared as a delegation in his capacity as Co-Chair, which is shared with Meagan Campbell, of the Mayor's Advisory Council on Youth (MACOY). The purpose of his attendance this date was to present a summary of events of the Council on Youth for the period October 1998 to January 31, 1999 as outlined in the document attached to the agenda. He described how the Mayor's Advisory Council on Youth got started in early 1996, profiled the members of the new executive and outlined their mandate which is to encourage youths to work together to become actively involved in and to contribute positively to the community of Kitchener. The numerous activities of MACOY that have taken place during the last three months were described as well as their future plans for the short-term Councillor K. Taylor-Harrison commented on the achievements of MACOY in making such a positive contribution on behalf of youths in the community. Ms. S. Frenette, Director of Downtown and Market Research appeared as a delegation in regard to item B.3 of the Committee of the Whole agenda of this date pertaining to Downtown Bars and Night Clubs. Council received Staff Report BPS 99/21 dealing with the subject of Downtown Bars and Night Clubs and making recommendations in that regard. Ms. Frenette advised that the report addresses an opinion that the City has reached capacity in respect to liquor licensed bars and night clubs in the Downtown. Accordingly, it was being suggested that the most effective means to address this position was through the Province's Board of Alcohol and Gaming Commission. Ms. Frenette commented that more licensed capacity in bars was not in the public interest and that in fact, 32 charges have recently been laid by the Waterloo Regional Police against bar establishments. She then detailed the recommendations contained in the staff report and advised that a News Release in this regard would be distributed. Mayor C. Zehr emphasized that the proposed resolution was meant to deal only with bars and night clubs in the Downtown. Councillor K. Taylor-Harrison commented that the recommendations in the staff report have been well thought out and that she was prepared to support them. Moved by Councillor K. Taylor-Harrison Seconded by Councillor B. Vrbanovic "1) That Council pass a resolution stating it does not support the issuance of new licences to sell liquor at bars or nightclubs in the downtown as outlined in Schedule "A" attached to staff report BPS #99/21. 2) That Council pass a resolution in accordance with Ontario Regulation 346/93 of the Liquor Licence Act stating that the Council of the City of Kitchener, on behalf of its residents, opposes the application for a licence to sell liquor at 90 King Street West, Kitchener. COUNCIL MINUTES FEBRUARY 1, 1999 - 32 - CITY OF KITCHENER 3) That the resolution opposing the application for a licence to sell liquor at 90 King Street West be submitted to the Board of the Alcohol and Gaming Commission of Ontario. 4) That Council direct staff to develop criteria to evaluate whether or not applications for liquor licences in the downtown are not in the public interest. 5) That a resource team comprised of city staff, the KDBA, the police and neighbourhood spokespersons be formed to prepare submissions for any Alcohol and Gaming Commission Board hearing considering an application which Council has opposed. 6) That a procedure be put in place in the Building Division of the Department of Business and Planning Services which notifies liquor licence applicants of Council's general resolution opposing the issuance of new licences to sell liquor in the downtown." Councillor J. Ziegler referred to the criteria to be developed under Recommendation #4 and questioned how this would be applied with respect to the Capitol Theatre. Ms. Frenette advised that staff's position was that the recommendation was saying in effect that "enough is enough" as it relates to Downtown Bars and Night Clubs. Mr. Tony diBatista aappeared as a delegation in opposition to the recommendation in Report BPS #99/21. He stated that the proposal was not appropriate given that the Official Plan permits entertainment facilities. He advised that the Capitol Theatre was sold in 1998 and application filed respecting the entertainment use and that laws should not be retroactively applied. Mr. diBatista clarified that he represents the Company that would be dealing with live theatre in the former Capitol Theatre building. Councillor B. Vrbanovic stated that the issue as it relates to the new activity in the former Capitol Theatre related to the consideration of its liquor licence application and he proceeded to review the process in respect to issuance of such licence. Councillor G. Lorentz questioned if Mr. diBatista was concerned with the problems occurring on a regular basis with respect to patrons of the Downtown Bars and Night Clubs. Mr. diBatista indicated that with adequate police presence, the problems would be addressed. Councillor G. Lorentz advised Mr. diBatista that he strongly objected to the posters erected in the Forest Ward advertising activity at the Acropolis and stated that it was his view Mr. diBatista's Night Clubs had a poor track record. In response to Councillor C. Weylie, Mr. diBatista indicated that the entertainment facility within the former Capitol Theatre would accommodate approximately 1,200 patrons. Councillor M. Yantzi commented that the Capitol Theatre was a public hall before, but the issue was with the conversion wherein licensed capacity within the Downtown would increase by an additional 1,200. Mr. diBatista advised that his business operation mainly related to buying buildings and leasing the facilities and that he had a financial interest in three properties in the Downtown. Councillor B. Vrbanovic stated that the recommendation proposed has been a long time coming after efforts being made over the years to solicit co-operation with night club and bar operators to deal with the problems. He stated that this has occurred because of extreme over-serving of alcohol and responsibility with respect to this issue under the Liquor Licence Act rests with the operators of the establishments. Councillor Jake Smola questioned what stage the liquor licence application for the Capitol Theatre was at and Ms. L. Pasternak advised that she believed the application was close to completion at the Board level but they were aware of Council's consideration of the matter now before them as recommended by staff. Councillor J. Ziegler commented that initially he had a concern with respect to investors who rely on use criteria when making investment decisions. However, he stated that he was more concerned for the image of the Downtown and stated that police could not provide a substitute for proper control and management by bar owners with respect to their employees and clientele. He suggested that with the action now proposed by Council, the City may be more successful in getting co-operation from all bar owners. Councillor T. Galloway stated that many meetings had taken place regarding the problems relating to operations of Downtown bars and night clubs and that the City of Kitchener in opposing the liquor licence application for the former Capitol Theatre was simply exercising its right under the Liquor Licence Act. He strongly suggested that a comprehensive approach was needed to manage the issue in the Downtown and it was in the best interest of the affected owners to get on-board and co-operate in this endeavour. Mayor C. Zehr thanked everyone who had been involved in dealing with this issue and made reference to the announcement by the Waterloo Regional Police last week that 32 charges would be laid against operators of Downtown bars and night clubs. COUNCIL MINUTES FEBRUARY 1, 1999 - 33 - CITY OF KITCHENER At the request of Councillor B. Vrbanovic, a recorded vote was taken on the motion of Councillor K. Taylor-Harrison respecting Downtown bars and night clubs and the motion was Carried Unanimously. Fire Chief J. Hancock appeared as a delegation to make a presentation in support of clause 1 of the Community Services Committee report of this date dealing with the Residential Alarm Monitoring Service Roll-out and 1999 marketing strategy. Chief Hancock advised that he wished to obtain Council support for a business case for the Residential Alarm Monitoring Program. He pointed out that on the average two persons die in fires occurring in Kitchener every year. He then provided commentary as an overhead presentation was given regarding details of the program proposal. Issues reviewed were proposed solutions and options, a pilot project involving direct residential alarm monitoring, examples of technology, installation and service of required alarms, benefits to residents and the City, benefits to alarm company suppliers, rate structure and overall financial considerations. In response to Councillor J. Ziegler, Chief Hancock advised that the cost of a basic system was $290 with the panel and its technology having the ability to accommodate future technology. Councillor B. Vrbanovic questioned if some form of subsidy could be directed to lower income groups through Service Club support and Chief Hancock concurred that this could be looked into. Several other questions were raised concerning carbon monoxide, installation approaches in condominiums or co- operatives, battery backup to wired units and commercial agreements. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That clause 1 of the report of the Community Services Committee of this date be adopted." Carried. Mr. John Hennebry, National Sign and Awning Group, appeared as a delegation in support of the Committee of Adjustment recommendation for approval of Submission No. S 1/99 respecting a Sign Application by Eiwo Canadian Management Co. Ltd. for the property known as 385 Frederick Street. He indicated that the matter related to refurbishing the existing sign at the Frederick Street Mall. Moved by Councillor K. Taylor-Harrison Seconded by Councillor J. Ziegler "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of January 26, 1999, recommending approval of Submission No. S 1/99 - Eiwo Canadian Management Co. Ltd. - Be Ratified and Confirmed." Carried. Mr. Brent Toderian, MacNaughton Hermsen Britton Clarkson Planning and Mr. R. Eadie, Beaconridge Developments appeared as a delegation in support of the Committee of Adjustment recommendation to approve Submission No. S 2/99 respecting property at 130-170 Gateway Park Drive, Kitchener. This matter was listed as item B.6 of the Committee of the Whole agenda of this date. Mr. Toderian advised that the relief being requested was to permit a pylon sign having a height of 10.1 metres rather than the permitted 7.5 metres and an area of 42 square metres rather than the permitted 20 square metres. He did note that the sign would be one-sided and totally oriented to Highway #8. He advised that the requested height and size was critical because of geographic features, as well as the leasing arrangements with Sears being contingent on approval of the sign. Mr. Toderian noted that parking capacity was raised at the Committee of Adjustment and he advised that only one parking space would be lost to accommodate the sign and that in any event parking in excess of the total requirement was being provided. Mr. Toderian pointed out that certain issues were raised in a letter received from the Ministry of Transportation on the day of the Committee of Adjustment meeting and that he fully expected Ministry concerns would be satisfied. He also pointed out that the Ministry still has to approve a sign permit. In response to Councillor J. Ziegler, the delegation indicated that the size of billboards were generally 12' x 24' and the requested sign was 20' x 25'. Councillor T. Galloway questioned what other signage options were considered and Mr. Toderian advised that it was his understanding many different options were considered but trees blocked sight lines to the building and this creates the problem. He did note that the sign had an advantage in that it COUNCIL MINUTES FEBRUARY 1, 1999 - 34 - CITY OF KITCHENER was buffered from residential areas by the building itself. Councillor Galloway questioned why the retailer that would occupy the building is so different from others that are located in the Gateway Park given that everyone knows the type of retailers located therein. Mr. Toderian commented that the size of the building in comparison to others was a specific destination use that warranted the requested advertising. The Manager for the new Sears Store advised that the form of retailing was a new concept for Sears and required high visibility and a need to make an impact on the potential market. In response to Councillor G. Lorentz the delegation advised that a standard sign was not sufficient to meet the requirements of Sears nor the agreement that has been entered into regarding leasing. Mr. R. Eadie advised that representatives of Sears viewed the location and visual site lines to the site before making the request and noted that the sign would be 300 feet from the edge of Highway #8. Mr. Toderian advised that the building permit application has not been submitted at this time and then explained the Iotting arrangement respecting buildings in that location. He also suggested that the sign would serve to draw traffic off the highway and into the facility. Mr. Rinze Vanderwerff, President of the Pinegrove Neighbourhood Association, appeared as a delegation to oppose the requested sign variance application No.S 2/99 of Beaconridge Development Inc. He stated that the requested variance could not be considered minor as it was more than double the size of a permitted sign. Mr. Vanderwerff commented that the location of the sign was not the issue to the Association, but the size of the sign was. Further, he stated that the Highway #8 entrance to the City with its natural physical features was too important to spoil with large scale signs. Mr. Bob McColl appeared as a delegation in opposition to the sign request. He maintained that given the size of the sign, it was really a billboard rather than a sign. Also he stated that the Sears Retail Facility will be located across the street from the Theatre Complex that was utilized by 50,000 patrons per month and accordingly, such a large sign was unnecessary. Finally, he also stated that the sign was a major variance to the Sign By-law and if Council was to approve it, they would be faced with additional requests from other retailers. Mr. Bill Thomson also appeared as a delegation in opposition to the requested sign and commented that when planning for the new Highway #8 took place, the major issues of consideration were the environment, noise impacts and retaining an attractive entrance to the City. He noted that the by-pass was designed to be an attractive entrance to the City with no commercial aspects detracting from it. Further, he commented on how the by-pass was placed to address environmental and topographical issues. Mr. Thomson commented that everyone knows of the presence of various retailers within the power centre and there was little need for the sign and that Sears could gain public relations value by withdrawing its sign application. Mr. Vanderwerff noted that the neighbourhood association has been in touch with other neighbourhood associations in the City and received their support in this matter. Councillor T. Galloway commented that initially Sears may not have known or realized the sensitivity of this issue to the immediate neighbourhood. He stated that for reasons mentioned: major variance, relationship to billboards, exemption precedent and appearance of the Highway #8 entrance, that the application should not be approved. Councillor J. Haalboom stated that she objected to the size of the sign and maintained that the highway transportation corridor represents a statement of the City's environmental values that should be protected. Moved by Councillor J. Haalboom Seconded by Councillor T. Galloway "That no action be taken on the decision of the Committee of Adjustment sitting as a Standing Committee of City Council of January 26, 1999, recommending approval of Submission No.S 2/99 - Beaconridge Development Inc." Carried. Mr. Victor Labreche, Planning & Engineering Initiatives Ltd., appeared as a delegation in regards to clause #4 of the report of the Planning and Economic Development Committee of this date dealing with the Staging of Development Report 1999-Post 2000. The delegation advised that he was representing Mr. Walter Sestan to request that his client's lands noted as Parcel #42 on the Staging Report, be advanced from post 2000 to Municipal Draft Approval 2000 as recommended by staff in their report BPS 99/14 which was considered and removed by the Planning and Economic Development Committee at its January 25 meeting. Mr. Labreche advised that he had been unable to attend the meeting but had anticipated approval of his client's lands as recommended by staff in their report. On the issue expressed at the Committee meeting regarding fill, he advised that since COUNCIL MINUTES FEBRUARY 1, 1999 - 35 - CITY OF KITCHENER the meeting he had discussed the matter with both Councillors J. Haalboom and T. Galloway as well as the Grand River Conservation Authority and at this time submitted a letter from the G.R.C.A. advising as to how they would address the matter prior to development approvals being given. He also submitted a letter from Walter Sestan which gave an undertaking to relocate the fill that has been the subject of discussion. Mr. Labreche pointed out that the G.R.C.A. was aware of the fill issue last year and that the placement was not in violation of any regulation. However, the G.R.C.A. has indicated that the fill should be removed to avoid any adverse impacts to natural areas and the flood plain associated with Strasburg Creek. He advised that his client was moving forward to have the planning for the lands considered this year and approved in the year 2000. Further, he stated that in the last two years, the land parcel has been placed in the current year for draft approval. Finally, he stated that the plan was submitted in 1990 and put on hold pending completion of the Environmental Assessment for Doon Village Road. Councillor B. Vrbanovic commented that technically the area in question did not represent a regulatory fill line and that there was a willingness to relocate the fill. At the request of Councillor J. Haalboom, Mr. Labreche advised that the fill was approximately one-third on the other side of the flood line but did not extend into the area where trees are located. Councillor J. Haalboom made further comments as to her views on this issue. Councillor T. Galloway advised that he would be supporting the delegation's request on the basis of the G.R.C.A.'s stated position. Councillor J. Haalboom stated that she was still opposed to the delegation's request and had concerns in respect to development as it relates to the Doon Village Road diversion and the understanding that development was to take place on an east to west basis. She also questioned what the remedies would be if the fill was not removed by the owner. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That clause #4 of the report of the Planning and Economic Development Committee of this date be adopted." Moved by Councillor B. Vrbanovic Seconded by Councillor Jake Smola "That clause #4 of the report of the Planning and Economic Development Committee of this date be amended to provide that the request from Sestan Electric be supported so that Parcel #42 be advanced from Post 2000 to Municipal Draft Plan Approval 2000." Carried. Clause #4 of the report, as amended, was then put to a vote and Carried. Mr. Russell Cheeseman, solicitor for Agora Food Merchants appeared as a delegation in support of correspondence dated January 26, 1999 from Mr. Richard Pennycooke of the Lakeshore Group. Mr. Cheeseman noted that a pre-hearing conference of the Ontario Municipal Board has been scheduled for February 10, 1999 with respect to the Loblaws Properties Limited (former Best Pipe Lands) official plan amendment and zoning by-law applications. Mr. Cheeseman commented that it was his understanding that the City had put out a proposal call for consulting services with respect to its commercial policy review and that it was their position that the Loblaws applications should not be dealt with until City Council has dealt with its commercial policy review and suggested that the City should make that same statement. Accordingly as requested in Mr. Pennycooke's letter, Mr. Cheeseman asked that Council request its solicitor attend the OMB pre-hearing conference to inform the Board of its position and give its solicitor instructions in that regard. Councillor Jake Smola inquired as to how the OMB could rule on this matter and Mr. Cheeseman responded that Loblaws has exercised their right but that he would be asking for a delay in the matter. He commented that it was his experience that the OMB would allow the City to conduct its study with respect to the commercial policy review before proceeding with consideration of the Loblaws applications. Councillor J. Ziegler inquired if the City solicitor intended to have a City representative at the pre-hearing and Mr. J. Shivas indicated that there would be. Councillor Ziegler inquired as to whether the City was just observing or making representation and Mr. Shivas responded that the City would be making representations based on what has occurred to date. Councillor Jake Smola commented that Loblaws had its applications submitted and completed before Council deferred them. COUNCIL MINUTES FEBRUARY 1, 1999 - 36 - CITY OF KITCHENER Mr. Peter Habel appeared as a delegation on behalf of himself and his wife with regard to the by-law listed on the agenda as 10 f) under 1st reading and 13 f) under 3rd reading pertaining to 38 Bingeman Street. He advised that the dwelling had been purchased with the intent of undertaking renovation. However when the property was purchased, a problem was inherited with respect to outstanding work orders and certain arrangements were made with respect to these work orders subsequent to the purchase. Mr. Habel stated that his reason for appearing was to request Council not to pass the by-law and permit him an extension until the Spring to undertake and complete clean-up of the exterior of the property. In response to Councillor G. Lorentz, Mr. Habel indicated that material stored outside the dwelling on the property was in neat piles and that the property had been purchased in October 1997. He explained that existing work orders at the time were quashed and re-issued in 1998 but that due to a personal injury he had been unable to comply with the order to clean up the property. He advised that he had appeared in court on January 6, 1999 and plead guilty to save costs. Council considered the request and in the absence of staff being available that could provide detailed information regarding the matter a deferral was suggested. On motion by Councillor K. Taylor-Harrison, seconded by Councillor G. Lorentz, it was agreed to defer the by-law listed on the agenda authorizing the carrying out of the provisions of Chapter 665 of the Municipal Code with respect to the property known as 38 Bingeman Street for 2 weeks and refer it to the February 15th Council meeting and in addition the delegation was advised that Council was requesting staff to prepare a report on this matter for consideration at the February 8th meeting of the Finance and Administration Committee. Mr. Habel was advised that he could make representations to the Committee on February 8th. Councillor J. Haalboom advised that she did not attend the in-camera meeting of City Council held this date and that she wished to disclose a pecuniary interest because a matter that was discussed involved her husband. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi That the report of the Planning and Economic Development Committee of Council this date be adopted. Councillor C. Weylie referred the Committee to clause #5 of the report dealing with the matter of the Region of Waterloo's proposed implementation guideline for noise policies. In this regard, Council was in receipt of a letter dated January 28 from Mr. T. McCabe providing revised recommendations incorporating the concerns expressed by the Planning and Economic Development Committee. Councillor T. Galloway commented that it was incumbent that staff inform the Planning and Economic Development Committee of situations in Plans of Subdivision that are being considered that may be affected by the noise policies. Councillor Jake Smola stated that he had concerns since the noise policies ignore the issue of noise arising from aircraft and operations at the Waterloo Region Airport. He suggested that the City should request deletion of any reference to air traffic in the guideline for noise policies and request that guidelines be developed for aircraft noise. Councillor C. Weylie recommended that the matter of aircraft noise be dealt with in a separate recommendation since the Region requested the City to comment on the guidelines contained in their report. On motion by Councillor C. Weylie, seconded by Councillor M. Yantzi, it was agreed to amend clause #5 of the report by substituting the revised recommendations contained in the January 28 letter from Mr. T. McCabe as requested by the Planning and Economic Development Committee. The report was then put to a vote. Voted on clause by clause. Clause 4 - dealt with under delegations and Carried, as amended. Clause 5 - Carried, as amended. Balance of report - Carried. FEBRUARY 1, 1999 COUNCIL MINUTES - 37 - CITY OF KITCHENER Moved by Councillor Jake Smola Seconded by Councillor B. Vrbanovic "That the Regional Municipality of Waterloo be requested to draft an additional 'Implementation Guideline for Noise Policies' to deal with noise arising from operations of the Waterloo Region Airport and aircraft utilizing that facility; and further, That following consideration by the Region of the Draft Policy, it be circulated to area municipalities for comment." A motion by Councillor M. Yantzi, seconded by Councillor T. Galloway to defer and refer Councillor Jake Smola's motion to a future meeting of the Planning and Economic Development Committee for consideration was voted on and Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the Community Services Committee report of this date be adopted." Voted on clause by clause. Clause 1 - dealt with under delegations and Carried. Balance of report - Carried. Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That the report of the Finance and Administration Committee of this date be adopted." On motion by Councillor J. Ziegler, seconded by Councillor B. Vrbanovic, it was agreed to amend clause 5 of the report so as to request that a copy of Mr. Steve McCrory's correspondence be provided to the Minister of Finance. In response to Councillor Jake Smola pertaining to clause 2 of the report, Mr. J. Gazzola confirmed that there would be an implementation plan and annual review pertaining to the City's Job Evaluation System. The report was then put to a vote. Voted on clause by clause. Clause 1 - dealt with under delegations and carried. Clause 2 - Carried. Clause 5 - Carried, as amended. Balance of report - Carried. Recorded pecuniary interest Clause 2 - Councillor B. Vrbanovic, as his wife is employed by the City of Kitchener. Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That report of the Public Works and Transportation Committee of this date be adopted." COUNCIL MINUTES FEBRUARY 1, 1999 - 38 - CITY OF KITCHENER In reference to clause 2 of the report, Councillor T. Galloway commented that co-operation was needed from the Provincial Government on the inter City transit issue and requested that Mr.G. Martiniuk, M.P.P. for Cambridge, be advised of activity in this regard and his political support sought on the matter. Councillor John Smola commented that another private operator is proposing inter City service and staff will be preparing a report in that regard. The Public Works and Transportation Committee report was put to a vote and Carried. On the subject of crime and vandalism and the City's efforts to take a proactive approach, Councillor G. Lorentz distributed a draft "strategic planning document" prepared by the Forest Heights Community Awareness Council for the information of members of City Council. He suggested that they view the document as a blueprint or potential model for other groups and noted that a meeting was being held on March 11 at 7 p.m. in the Forest Heights Community Centre and extended an invitation to the community to attend. He stated that it was hoped to move forward on a strategy following that meeting. Councillor Jake Smola submitted a letter from Mr. John Martin, Lackner Woods Residents Association and requested that it be circulated to City Council and appropriate staff. As an example of the Caring Communities Award which was received, Councillor K. Taylor-Harrison referred to a new volunteer endeavour referred to as "Out of the Cold" which seeks to provide shelter for people who are homeless and on the streets to prevent them from freezing. She noted that training of volunteers has taken place and the Centre was located in a church in Waterloo on a pilot project basis with the objective to expand the program to a number of sites next year. Councillor J. Haalboom advised that the Grand River Conservation Authority was holding a 50th Conference at the Sheraton Four Points and would focus on the 'Urban Forest'. Any Councillor wishing further information should contact Mr. David Schmidt of the Parks & Recreation Department. At the Council meeting held on January 18, 1999, Councillor J. Haalboom gave Notice of Motion that she would introduce a resolution this date dealing with the issue of Y2K liability. Councillor J. Haalboom introduced the resolution and noted that Ms. L. MacDonald had researched the issue and also commented that it was her opinion the City of Kitchener has taken reasonable diligence to ensure that it was ready for any problems that might occur as a result of the Y2K issue. Moved by Councillor J. Haalboom Seconded by Councillor C. Weylie "WHEREAS municipalities may incur liability as a result of Year 2000 and computer program breakdowns (Y2K); AND WHEREAS municipalities are spending significant tax dollars to assess and respond to the impact of Y2K on their organizations; AND WHEREAS municipalities may be the target of legal action pertaining to the Y2K problem, particularly due to their perceived 'deep pockets' as well as joint and several liability, costs of which will be borne by the taxpayers; NOW THEREFORE BE IT RESOLVED that the Council of the City of Kitchener urges the Province of Ontario to enact legislation before the end of the year 1999 to provide municipalities reasonable statutory protection for Y2K problems; AND FURTHER that this resolution be forwarded to the Association of Municipalities of Ontario, the Minister of Municipal Affairs and Housing, and local M.P.P.'s." Carried. Councillor C. Weylie advised that the Region of Waterloo was intending to undertake road widening in the area of Glasgow Street and Westmount Road and requested that Councillor Jake Smola invite appropriate Regional staff to the March 3 meeting of the Environmental Committee to hear a presentation in this regard and consider the proposal as it relates to the environmental impacts of required tree removal. Councillor Jake Smola agreed to have the matter added to the March 3 agenda. COUNCIL MINUTES FEBRUARY 1, 1999 - 39 - CITY OF KITCHENER Councillor T. Galloway gave notice that the Waterloo Region Heritage Foundation would hold its annual showcase at the Fairview Park Mall on Saturday, February 13, 1999. Councillor C. Weylie requested Mr. R. Arnot to update the Community Services Committee on Artwork for the ...... Councillor C. Weylie requested that Mr. T. McCabe look into the necessity to change the Municipal Plan to protect the business park designation. Councillor C. Weylie also requested that staff ensure the duplexing issue will be dealt with as a result of the recent decision of the Ontario Municipal Board. Mr. T. McCabe advised that staff have to amend the Municipal Plan if there is a wish to re-enact the City's regulations. Prior to consideration of the by-laws, Mr. R.W. Pritchard advised Council that the reference to Weber Street West should be corrected to Weber Street East as listed on the agenda under items 10(a) (b) & (c) and 13 (a) (b) & (c). He did note that the address in the proposed by-laws was correct. He also noted that the by-law respecting 38 Bingeman Street listed on the agenda for three readings under items 10(f) & 13(f) had been deferred earlier and removed from the agenda. Moved by Councillor C. Weylie Seconded by Councillor John Smola "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of the City of Kitchener Municipal Code with respect to the property municipally known as 126 Weber Street East, Kitchener (b) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of the City of Kitchener Municipal Code with respect to the property municipally known as 128 Weber Street East, Kitchener (C) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of the City of Kitchener Municipal Code with respect to the property municipally known as 132 Weber Street East, Kitchener (d) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of the City of Kitchener Municipal Code with respect to the property municipally known as 21 Krug Street, Kitchener (e) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of the City of Kitchener Municipal Code with respect to the property municipally known as 23 Krug Street, Kitchener (f) Being a by-law to amend various Chapters of the City of Kitchener Municipal Code (g) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of the City of Kitchener Municipal Code with respect to the property municipally known as 241 Borden Avenue South, Kitchener (h) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (i) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (j) To further amend By-law No. 88-172 being a by-law to authorize certain on -street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof FEBRUARY 1, 1999 COUNCIL MINUTES - 40 - CITY OF KITCHENER 5. (Cont'd) (k) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (m) Being a by-law to amend Chapter 113 of the City of Kitchener Municipal Code with respect to City Clerk - Acting (n) To confirm all actions and proceedings of the Council (o) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the Appointment of Staff 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 Jake Smola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor Jake Smola Seconded by Councillor M. Yantzi "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. Moved by Councillor C. Weylie Seconded by Councillor John Smola "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of the City of Kitchener Municipal Code with respect to the property municipally known as 126 Weber Street East, Kitchener (By-law No. 99-7) (b) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of the City of Kitchener Municipal Code with respect to the property municipally known as 128 Weber Street East, Kitchener (By-law No. 99-8) (C) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of the City of Kitchener Municipal Code with respect to the property municipally known as 132 Weber Street East, Kitchener (By-law No. 99-9) (d) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of the City of Kitchener Municipal Code with respect to the property municipally known as 21 Krug Street, Kitchener (By-law No.99-10) FEBRUARY 1, 1999 COUNCIL MINUTES - 41 - CITY OF KITCHENER 7. (Cont'd) (e) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of the City of Kitchener Municipal Code with respect to the property municipally known as 23 Krug Street, Kitchener (By-law No. 99-11 ) (f) Being a by-law to amend various Chapters of the City of Kitchener Municipal Code (By-law No. 99-12) (g) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of the City of Kitchener Municipal Code with respect to the property municipally known as 241 Borden Avenue South, Kitchener (By-law No.99-13) (h) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (By-law No. 99-14) (i) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (By-law No. 99-15) (j) To further amend By-law No. 88-172 being a by-law to authorize certain on -street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof (By-law No. 99-16) (k) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (By-law No. 99-17) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (By-law No. 99-18) (m) Being a by-law to amend Chapter 113 of the City of Kitchener Municipal Code with respect to City Clerk - Acting (By-law No. 99-19) (n) To confirm all actions and proceedings of the Council (By-law No. 99-20) (o) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the Appointment of Staff (By-law No. 99-21 ) be taken as read a third time, be finally aassed and numbered serially by the Clerk." Carried. On motion the meeting adjourned. MAYOR CLERK COUNCIL MINUTES FEBRUARY 1, 1999 - 42 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - That the City accept the Offer to Purchase from Huron Model and Gauge Inc., for a company to be incorporated at a later date, with respect to lands composing the westerly .6 acres of Part 10 and the whole of Parts 11,12 and 20 on Reference Plan 58R-7426. The subject lands have an area of about 3.65 acres on Washburn Drive and are selling at a purchase price of $75,000 per acre for a total of $273,750; and further, That the Mayor and Clerk are hereby authorized to execute any other necessary documentation required by the City Solicitor. That the City accept the Offer to Purchase from Grerei Investment Limited for Lot 5 in Phase I of the Lancaster Corporate Centre also known as Parts 5, 23, 24 and 25 on Plan 58R-7231, and a portion of Part 4 on Plan 58R-7150 (in Phase II of the Lancaster Corporate Centre) that has an area yet to be finally determined by survey plan at a purchase price calculated as follows. Description Area Price / Acre Pt. 5 & 24 Plan 58R-7231 Pt. 23 Plan 58R-7231 Pt. 25 Plan 58R-7231 Portion Pt. 4 Plan 58R-7150 3.96 $175,000.00 0.99 $ 33,000.00 0.25 $ 5,000.00 To Be Determined $ 33,000.00 And further, that the Mayor and Clerk are hereby authorized to execute any other necessary documentation required by the City Solicitor. That Council accept the Downtown Kitchener Strategic Action Plan attached to staff report BPS 99/12 as the 1999-2001 work program for the continued revitalization of Kitchener's downtown. This plan will provide direction not only for the Downtown Development Team, but also for all departments and other agencies taking a lead in this effort. 4. The Department of Business and Planning Services recommends: 1) Subject to the changes recommended in Sections 2 and 3 below, Council approve the 1999 - Post 2000 Staging of Development Report BPS 98/152 dated December 17, 1998. Further, that all additional requests for advancement in the Municipal Draft Plan Approval date or 1999 Priority not be supported. 2) That the following requests be advanced in the Staging of Development Report: a) That the request from Harding/Annets/Seip be supported such that Parcel #20 be advanced from 1999 C to Municipal Draft Plan Approval 1999 B. b) That the request from Rockway Holdings be supported such that Parcel #L be advanced from Post 2000 to Municipal Draft Plan Approval 2000. c) That the request from Sestan Electric be supported such that Parcel #42 be advanced from Post 2000 to Municipal Draft Plan Approval 2000. 3) That the text changes for the following land parcels in the Staging of Development Report be approved: a) Parcel #19 - Norris/Sternber.q That reference in the Timing Comments pertaining to the southerly part of the lands requiring the extension of the Middle Strasburg Sanitary Trunk Sewer be revised to read as follows: "Servicing of the southerly part of these lands will be temporarily pumped to the Borden Trunk Sanitary Sewer and ultimately once the Middle Strasburg Sanitary Trunk Sewer is extended to these lands, then sanitary servicing will be redirected to this system". COUNCIL MINUTES FEBRUARY 1, 1999 - 43 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 4. Cont'd b) Parcel WE - Rosenber.q et al (Westmount Investments) That the map be revised to reflect the reduced land area as a result of acquisition by the City for Huron Natural Area and that reference to the $4.5M Development Charge Expenditure figure be revised to $6.25M and that the following be added to the Servicing Comments: "Requires the extension of the Middle Strasburg Sanitary Trunk Sewer from its present terminus from Biehn Dr. to Bleams Rd. at $6,250,000 to be paid fully from Development Charges." c) Parcel #26 - Dorar Investments That the map be revised to reflect the reduced land area as a result of acquisition by the City for Huron Natural Area; that comments be added to the Timing Comments reflecting that the westerly portion of land at Westmount Road will be developed as Business Park; and that reference to the $6.25M Development Charge Expenditure figure remain and that the following be added to the Servicing Comments: "Requires the extension of the Middle Strasburg Sanitary Trunk Sewer from its present terminus from Biehn Dr. to Bleams Rd. at $6,250,000 to be fully paid from Development Charges." The following be added to the Timing Comments: The westerly portion of land abutting Westmount Road will be developed with Business Park uses." d) Parcel #36 - Hearthwood Carvndale Development That reference to the Servicing Comment pertaining to the requirement of the extension of the watermain from nearby lands or an alternative solution be deleted. e) Parcels #27 & #H - Carar Investments That reference to the $6.25M Development Charge Expenditure figure remain and that the following be added to the Servicing Comments: "Requires the extension of the Middle Strasburg Sanitary Trunk Sewer from its present terminus from Biehn Dr. to Bleams Rd. at $6,250,000 to be fully paid from Development Charges." That the Business Park Service Centre (B-3) zoning information be added to Parcel #H and that the map be revised to reflect the reduced land area. f) Parcel #71 - 583018 Ontario Limited That reference to the statements that this parcel requires the extension of water services through other lands in the Servicing Comments and that Parcel #69, 456941 Ontario Ltd. proceed first in the Timing Comments be deleted. (Dealt with under delegations and Carried, as amended) 5. 1) That the Council of the City of Kitchener express its concern with the proposed "Implementation Guideline for Noise Policies", and in particular the policy approach on Parts "B" , and "C" which intend to transfer the responsibility, and cost for noise mitigation from the Region of Waterloo to local municipalities and adjacent homeowners. COUNCIL MINUTES FEBRUARY 1, 1999 - 44 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 5. (Cont'd) 2) That the Region of Waterloo be advised that the City of Kitchener considers a Noise level of 60 dba as a reasonable Daytime noise level for the Outdoor Living Area of residential environments adjacent to Regional Roadways, as specified in Policy 3.3.4 of Part "A', and Policy 4.1 of Part "C'. On this mutually agreed basis, the Region of Waterloo is requested to modify the Policies of the proposed Implementation Guidelines, as follows: · Policy 7.1.1 of Part "A' be amended to delete the specified maximum barrier height of 2.4 meters. · Policies 4.2 and 4.3 be deleted, and replaced with the following: Policy 4.2 - "In the event that non-barrier alternatives are not sufficient, construction of a noise barrier will be recommended for consideration by residents, Area Municipal Council, and Regional Council in the following situations: where the projected noise level exceeds 65dBa; or where the projected noise level exceeds 60 dBa and the difference between the existing and projected noise levels is 5 dBa or more, Regional Staff, or its Consultants, will determine the noise wall height, length and cost to attenuate the Daytime Outdoor living area by 5 dBa or more, to 60 dBa.' Policy 4.3 -"Five years following the opening of the expanded transportation corridor, noise monitoring readings shall be taken by an independent consultant to verify that the actual noise levels comply with the original projections. Where noise levels exceed 65 dBa, or where noise levels exceed 60 dBa and the difference between the original existing noise levels, and actual (new existing) noise levels is 5 dBa or more, Regional Council shall reconsider, with public consultation, the installation of noise attenuation measures to attenuate noise levels to 60 dBa.' 3) That the Region of Waterloo be advised that the City of Kitchener does not agree with the principle of a local municipality assuming any portion of cost for the retrofitting of Regional Roadways as outlined in Policy 1.3 of Part "C'. 4) That the Region of Waterloo be advised that the City of Kitchener does not agree with the principle set out in Policy 5.3 and 5.4 of Part "A' that the cost peer reviews should be borne by the consultant. (As Amended) 6. That Councillor T. Galloway be appointed as Council's representative to sit on the Comprehensive Commercial Policy Review project steering committee. COMMUNITY SERVICES COMMITTEE - That Council approve the Residential Alarm Monitoring Services as outlined in the Residential Alarm Monitoring Report prepared by Fire Chief J. Hancock, dated January 15, 1999, and further, That Council approve, in principle, Option 1 of the Fire Department's Marketing Strategy and the 1999 Interim Rate Schedule (Appendix A) as contained in the Residential Alarm Monitoring Report, dated January 15, 1999, and further, That, subject to final approval from the City Solicitor, the Residential Alarm Monitoring Agreement, substantially represented in Appendix B of the Residential Alarm Monitoring Report, dated January 15, 1999, be approved, and further, That, due to the potentially large number of contracts required to be signed, the Fire Chief or Deputy Fire Chief be delegated the authority to sign all Residential Alarm Monitoring Agreements, and further, COUNCIL MINUTES FEBRUARY 1, 1999 - 45 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 1. (Cont'd) That the funding for the 1999 marketing and operational expenditures for the Residential Alarm Monitoring Program be provided from the Fire Department's budgets, and further, That Council approve, in principle, a Request for Proposal for City of Kitchener alarm monitoring authorized dealers for the Residential Alarm Monitoring Program. (Dealt with under delegations and Carried.) That Council approve the request to name the park space, located on Weber Street East near Cameron Street, "Wallenberg Park". That Chapter 270 (Parks) and Chapter 680 (Signs) of the City of Kitchener Municipal Code be amended to permit the installation and display of permanent commercial fence and sports scoreboard advertising at the following locations: Blockline Sportsfields, Budd Park, Centennial Stadium, Jack Couch Ball Park, Bridgeport Sportsfields, Woodside Park, Meinzinger Park, SW Optimist Sportsfields, Fisher Park and the Heritage Greens Lawn Bowling Club located at 600 Heritage Drive, and further, That the said permanent commercial fence and sports scoreboard advertising be in accordance with established Council policies concerning advertising on City property and with the following guidelines: (i) Advertising panels located on exterior fences enclosing the facility shall only be installed on the interior of the fence with the advertising facing inwards. (ii) Advertising panels located on fences constructed of wire mesh or similar material, where the backs are exposed, shall be of similar size, that being approximately 4' X 8', and their backs shall be of similar or complementary colour and texture. Signs on interior fences, such as ball diamond backstops, may vary in size and have advertising on both sides as circumstances permit. Advertising panels shall have a separation from each other of no less than three feet (3'). (iv) Advertising panels shall not be joined together or installed in such a manner as to permit larger signs or Iogos to be displayed. (v) All advertising signs and locations shall be pre-approved by the General Manager of Parks and Recreation or his designate, prior to installation. That Mr. Tim Bates be appointed to the Public Art Committee for a term to expire November 30, 1999. That Council grant an extension, to July 1, 2000, to allow the Kitchener Dutchmen Jr. B team one additional year to retire their outstanding debt. That we approve a 1999 operating grant for the Homer Watson House, in the amount of $76,685.00, and further, That we approve a one-time grant in 1999, for the Homer Watson House, in the amount of $8,315.00. That no action be taken on the request of World Team Guatemala for a cash grant in the amount of $1,800.00. That Council approve an in-kind facility rental grant, in the amount of $617.87, for the Central Ontario Chinese Cultural Centre Inc., to assist with the costs of renting City Hall facilities on February 12 & 13, 1999, for their activities promoting the Chinese New Year. COUNCIL MINUTES FEBRUARY 1, 1999 - 46 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) That Council approve a one-time in-kind facility rental grant in the amount of $211.42, for the Forest Hill United Church, for use of the Forest Heights Community Centre on January 30, 1999. 10. That Council approve, in principle, the development of the additional soccer fields relative to the soccer proposal at Budd Park, as considered by the Community Services Committee on January 25, 1999, subject to the following: That the 2.41 acres owned by the City of Kitchener, located at Budd Park, be included within the soccer proposal, and further, That an agreement between the City and Budd, with respect to the development of the additional soccer fields at Budd Park, be negotiated and approved, subject to the satisfaction of the City's Legal Department. FINANCE AND ADMINISTRATION COMMITTEE - That effective in the 1999 taxation year, Council grant a 5-year exemption from the City portion of municipal taxes to the Royal Canadian Legion - Polish Veteran's Branch 412 (601 Wellington Street North) and Branch 50 (48 Ontario Street), and that the Regional Municipality of Waterloo be encouraged to do the same in regard to their portion of taxation; and, That the Provincial government be encouraged to consider amending the appropriate legislation so as to exempt Legion properties from municipal taxes province wide in recognition for service to the country in time of war; and further, That a copy of this resolution be forwarded to the Minister of Finance, the Regional Municipality of Waterloo and local M. P. P.'s. (Dealt with under delegations and Carried, as amended) That Council accept and approve in principle, all of the recommendations outlined in the final report (December 2, 1998) of MacCrimmon and Associates regarding an audit of the City's Job Evaluation and Pay System; and further, That any consulting costs relative to implementation of these recommendations be approved and be funded from the OMERS pension windfall, and that any additional costs relative to implementation be considered for approval in conjunction with Council's future review of a detailed implementation plan. That the sum of $100,000.00 be allocated to cover the costs associated with the registration of Notices of Claim to preserve existing easements; and further, That there be no amendment to the 1999 Capital Forecast in this regard, with funding to be allocated from the following sources; Sewer Surcharge (Sewers) Capital Contingencies (Storm Drains) Capital from Current (Gas) Capital from Current (Water) $40,000.00 $43,000.00 $3,000.00 $14,000.00 That no action be taken on the request of the Legal Department to discontinue refund of the $60.00 fee for requests to release planning agreements where these have not been responded to within a 60-day period; and further That staff address the management issues which prevent a response within the 60-day time frame and prepare a report and recommendation if a longer response time is required. WHEREAS, Mr. Steve McCrory (McCrory Associates Ltd.) approached Kitchener Council on January 25, 1999 to express concerns regarding the tax impact of a vacancy in a redeveloped COUNCIL MINUTES FEBRUARY 1, 1999 - 47 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 5. (Cont'd) property, and the inequity created between established and new businesses by Bill 79 (Fairness for Property Taxpayers Act, 1998) as outlined in his correspondence (copy attached) to the Honourable Ernie Eves, Minister of Finance, dated January 21, 1999; AND WHEREAS, the legislated formula to calculate taxation for established businesses differs from that used for new businesses, which depending on the category, can have a negative impact on a new business in that it is forced to pay significantly higher taxes than a neighbouring, established business; AND WHEREAS, the changes made under Bill 16 in regard to the introduction to a "change event" and provision for a minimum time period for implementation can create a situation where a landlord is required to pay taxes at the occupied rate when there are no longer tenants on the premises, a circumstance referred to in an earlier Kitchener Council resolution forwarded to the Province and dated November 2, 1998; THEREFORE BE IT RESOLVED, that as the City supports the position taken by Mr. McCrory and recognizes the problems created for businesses in this regard, the City of Kitchener strongly urges the Province of Ontario to amend its legislation so as to eliminate the inequities created under Bill 79 regarding the calculations for new and established businesses as well as the vacancy problem created under Bill 16; AND FURTHER, that a copy of this resolution be circulated to the Association of Municipalities of Ontario; the Large Urban Mayor's Caucus of Ontario, and local M. P. P.'s. (As Amended) PUBLIC WORKS AND TRANSPORTATION COMMITTEE - 1. That the BusPLUS service be re-tendered for an 18 month period. That appropriate staff of the City of Cambridge participate in a working group, consisting of local and Regional staff, directed to evaluate and recommend potential service integration improvements between Kitchener Transit and Cambridge Transit. FEBRUARY 1, 1999 COUNCIL MINUTES - 48 - COMMITTEE OF THE WHOLE BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: CITY OF KITCHENER A.clreement It was resolved: "That the Mayor and Clerk be authorized to sign an agreement with Bell Mobility Cellular Inc. to terminate the Residential Alarm Monitoring Pilot Project, with such agreement to be satisfactory to the City Solicitor." Downtown Bars and Ni.clht Clubs This matter was dealt with under delegations. Uncollectible Receivables It was resolved: "That the attached list of Uncollectable Receivables including interest amounting to $45,270.89 be written off against the Allowance for Doubtful Sundry Receivables and the Allowance for Doubtful Utility Receivables." "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Licences i) Pet Shop It was resolved: "That a 1999 Permanent Vendor Licerice be issued to Paul Victor for a pet shop to be operated at 153 Country Hill Drive, Unit #3." ii) Driving Instructor It was resolved: "That a 1999 Driving Instructor Licence be issued to Scott A. Koleff." iii) Massagists It was resolved: "That a 1999 Massagist Licerice be issued to Nicole Van Geytenbeek." - and - "That the following massagist who is employed at 280 Victoria St. N., Unit #7, be granted a Massagist Licerice for the year 1999: Tracey Taibinger" COUNCIL MINUTES FEBRUARY 1, 1999 - 49 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 5. Tenders The tenders were dealt with under delegations. Applications for Variances - Chapter 680 (Sign) - CENTRE AND DOON-PIONEER WARDS The Committee of Adjustment recommendations were dealt with under delegations. 7. Compliance with Deed Restrictions - 128 McBrine Place - SOUTH WARD It was resolved: "That the City confirms that as of February 1, 1999 the property described as Parts 6 & 25 on Reference Plan 58R-5840 and municipally known as 128 McBrine Place complied with the restrictions set out in a Schedule to Instrument No.1020357." Compliance with Deed Restrictions - 650 Riverbend Drive - BRIDGEPORT-NORTH WARD It was resolved: "That the City approves a mortgage from lan Cook Construction Limited to Laurentian Bank of Canada and leases to Hybrid Turkeys, a division of Nutreco Canada; M.T.E. Consultants Inc.; Enermodal Engineering Limited; Simon Johnston Mcwhinnie and Riediger Chartered Accountants and Michael Follett Consulting Inc. for the property descirbed as Parts 1, 2 and 3 on Reference Plan 58R-9592 and municipally known as 650 Riverbend Drive, Kitchener; and further, That the City confirms that as of February 1, 1999 the property described above complied with the restrictions set out in a Schedule to Instrument No. 1246588." 9. Quit Claim Deed - 100 Ardelt Avenue - FAIRVIEW WARD It was resolved: "That the Mayor and Clerk be authorized to execute a Quit Claim deed releasing all rights of the City contained in paragraphs 5.(a) and 5.(b) of Schedule 'A' to Instrument No.313753 respecting Part 3 on Reference Plan 58R-3133 and municipally known as 100 Ardelt Avenue, Kitchener." 10. Licence It was resolved: "That the following massagist who is employed at 1412 Victoria Street N., be granted a Massagist Licence for the year 1999: Heather Burton." 11. Lottery Licence - The Princess Mar.qaret Hospital Foundation It was resolved: "That the City of Kitchener has no objection to the Princess Margaret Hospital Foundation, 610 University Avenue, Toronto, Ontario M5G 2M9, being granted permission to sell tickets in the City of Kitchener for draws from April 29, 1999-May 27, 1999." FEBRUARY 1, 1999 COUNCIL MINUTES - 50 - COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 12. CITY OF KITCHENER Lottery Licence - The Children's Hospital of Western Ontario Foundation It was resolved: "That the City of Kitchener has no objection to the Children's Hospital of Western Ontario Foundation, 406-746 Base Line Road East, London, Ontario N6C 5Z2, being granted permission to sell tickets in the City of Kitchener for a draw on June 6, 1999."