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HomeMy WebLinkAboutCouncil Minutes - 1999-02-15COUNCIL MINUTES FEBRUARY 15, 1999 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillors T. Galloway and M. Yantzi. The meeting began with the singing of "O Canada" by the A.R. Kaufman Public School Choir under the direction of Nestor Shartun. Councillor C. Weylie, on behalf of the Mayor and Council, thanked the Choir for their rendition of the National Anthem. On motion by Councillor J. Ziegler, the minutes of the regular meeting held on February 1, 1999 and the special meetings held on January 29, February 1 and February 8, 1999, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED TO COMMITTEE OF THE WHOLE - (1) Letter dated February 10, 1999 from R.W. Pritchard, General Manager of Corporate Services & City Clerk, relative to applications for cancellation, refund, reduction or levy of taxes. Mr. Leon Bensason, Heritage Planner, introduced and provided background to the 1999 Mike Wagner Heritage Awards. He noted that these are awarded annually and in recognition of local heritage properties whose owners have demonstrated sound heritage conservation practices in their restoration and renovation projects. Mr. Bensason noted that this year the public was invited to nominate properties and these were considered in conjunction with the nominations of Heritage Kitchener. Council then viewed a multi-media presentation in regard to the properties and recipients of the 1999 Mike Wagner Heritage Awards. Mayor C. Zehr and Councillor J. Haalboom (Chair of Heritage Kitchener) presented the Outstanding Achievement Awards to the following properties and recipients: Propertv Recipients 189 Queen St. North (Green Gables) Ms. Margaret Stacey 43 Schneider Avenue Lynne, Dorothy and Harold Russell (who also accepted on behalf of the contractor) 748 Zeller Drive Robert and Dale Woolner 32 Gordon Avenue Jeff and Nancy Sittier and John Schnarr (Contractor) Mayor C. Zehr noted that Mrs. Pat Wagner, wife of the late Councillor Mike Wagner, was in attendance along with several other members of Heritage Kitchener; namely: Mr. Peter Bufe and Ms. Tracy Seedhouse. Councillor J. Haalboom thanked the members of Heritage Kitchener for their work on the 1999 Mike Wagner Heritage Awards. She also thanked Mr. Leon Bensason, for his work as well as Mr. Bob Wakefield, Graphics/Publications Co-ordinator, for his outstanding work in compiling the multi- media presentation. Councillor J. Haalboom invited Council and members of the public to participate in the February 27, 1999 Heritage Bus Tour of places of worship entitled "Meditating Our Past". 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 Jake Smola Seconded by Councillor G. Lorentz "That tender T98-102, Self Propelled Ice Resurfacers, be awarded to Resurfice Corp., Elmira at their tendered price of $91,015., plus optional automatic towel lift at $120. and Automatic Snow Breaker at $815. on CKF-74, less trade-in of $25,000. for one (1) 1987 Zamboni 520 and one (1) 1989 Zamboni 400, plus G.S.T. and P.S.T." COUNCIL MINUTES FEBRUARY 15, 1999 - 54 - CITY OF KITCHENER -and- "That tender T98-104 - 4,536 kg (10,000 Ib.) G.V.W. Cab And Chassis be awarded as follows: Item #1 - one (1) - 4,536 kg (10,000 Ib.) G.V.W. Dual Rear Wheel Conventional Cab & Chassis complete to specification CKF-98 - to Steve Scherer Pontiac Ltd., Kitchener at their tendered price of $22,591., plus optional lube & oil changes, G.S.T. & P.S.T. Item #2 - Two (2) - 4,536 kg (10,000 Ib.) G.V.W. All Wheel Drive Dual Rear Wheel Conventional Cab & Chassis with Snow Plows complete to specification CKF-275 - to Parkway Ford Sales (1996) I_td, Waterloo at their tendered price of $63,544., plus optional lube & oil changes, G.S.T. & P.S.T. Item #3 - Four (4) - 4,536 kg (10,000 Ib.) G.V.W. Dual Rear Wheel Crew Cab & Chassis with Heavy Duty Utility Bodies complete to specifications CKF-242 & CKF-198A - to Steve Scherer Pontiac Ltd., Kitchener at their tendered price of $139,340., less one Utility Body at $8,950., plus optional lube & oil changes, G.S.T. & P.S.T." -and- "That tender T98-105, Two (2) 26,308 kg (58,000 Ib.) G.V.W. Cab & Chassis and One (1) 28,132 kg (62,000 Ib.) G.V.W. Cab & Chassis be awarded as follows: Item #1 - Two (2) 26,308 kg (58,000 Ib.) G.V.W. Cab & Chassis with Heated Dump Body complete to specification CKF-281 to - Team Truck Centre, Kitchener at their tendered price of $238,320., plus G.S.T. and P.S.T. Item #2 - One (1) 28,132 kg (62,000 Ib.) G.V.W. Tandem Rear Axle Conventional Cab & Chassis complete to specification CKF-308 to - HTS Western Star, Ayr, Ontario at their tendered price of $106,233.57, plus optional lube and oil changes through the warranty period, plus G.S.T. and P.S.T." Carried. Ms. Marcia Ruby appeared on behalf of K-W Core Neighbourhoods, regarding the proposed demolition by the Mutual Group of homes to expand their parking facility. Council was in receipt this date of correspondence from the K-W Core Neighbourhoods group dated February 10, 1999 expressing concern over the proposed March 1, 1999 public meeting date to address this matter. Ms. Marcia Ruby argued that a meeting of 4 p.m. to 6 p.m. on March 1 is inappropriate as it will be difficult for interested residents to attend given their work and family commitments. She suggested that the meeting would be more accessible in terms of public attendance if it were held the evening of either March 22 or 23. Mayor C. Zehr responded that the March 1 date had been selected to ensure that as many members of Council as possible could attend, and also to allow sufficient time for the proponents and community representatives to prepare submissions. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson Planning Ltd., appeared on behalf of the Mutual Group and in regard to the public meeting date and his client's demolition applications. Mr. Britton noted that the Mutual applications have been in process since July of 1998, and that none of the three applications would normally require public meetings. He stated that notwithstanding this, public input on the applications is appropriate and important. He also noted that to date several neighbourhood meetings have been held, as well as an open house. Mr. Britton also stated that the compromise position of the Mutual Group has been up for discussion since January of 1999, and expressed his hope that the matter could be dealt with at the February 22, 1999 Planning and Economic Development Committee meeting. Mr. Paul Britton argued that it is necessary to deal with the applications expeditiously due to time constraints involving demolition and lease obligations with Uniroyal which expire at the end of October, 1999. He suggested that further delays will jeopardize an already tight construction COUNCIL MINUTES FEBRUARY 15, 1999 - 55 - CITY OF KITCHENER schedule. Mr. Britton indicted his concern if the meeting were held on March 22 and indicted his support for an evening meeting on March 2. Mayor C. Zehr enquired as to time constraints relative to any required notice of road closures, and asked whether all of these requirements could be met in the event Council were to make a decision on March 29, 1999. Mr. J. Shivas responded that all notice requirements could be met by March 29 provided Council gives direction to staff by the March 1, 1999 meeting concerning advertising of road closures. A brief discussion took place as to the impact on the planning process if the public meeting was not held until March 22. A motion by Councillor Jake Smola, seconded by Councillor J. Ziegler, that the public meeting in regard to the proposed Mutual Group demolitions be held on March 1, 1999 was voted on and Lost. Moved by Councillor C. Weylie Seconded by Councillor John Smola "That a special meeting of the Planning and Economic Development Committee be held at 7 p.m. on Monday, March 22, 1999 to hear delegations and consider public submissions in respect to the Mutual Group's proposal to demolish homes and close public roads to expand their existing parking facility; and further, That staff bring forward an appropriate recommendation and advertisement wording relative to the closing and selling or leasing of Mutual Drive and Vogt Place for consideration at the March 1, 1999 Council meeting." Staff were also asked to ensure that the agenda of the Planning and Economic Development Committee and other Standing Committees on March 22 are as light as possible. It was noted that proponents of the Poseidon Project were in attendance this date concerning clause 4 of the Community Services Committee report regarding approval of a cash grant. Moved by Councillor G. Lorentz Seconded by Councillor K. Taylor-Harrison "That clause 4 of the report of the Community Services Committee of this date be adopted." Carried. Mr. Randy Eadie appeared on behalf of Beaconridge Developments and in regard to Sign Variance application S 2/99 (Sears Furniture) - 130 Gateway Park Drive. Mr. Eadie advised that the variance request has been revisited in regard to sign height and area, and that the latter request is being withdrawn. Mr. Eadie stated that the area of the proposed sign will now comply in full with the City's Sign By-law; however, the variance is still required in respect to height given the site characteristics and distance from the road edge. In response to a question from Councillor J. Ziegler, Mr. Eadie confirmed that the proposed sign will only be visible from the highway by-pass. Councillor J. Haalboom questioned why it was necessary that the sign be installed at the proposed location, and suggested that the height variance will mean the sign will be visible above tree level. Mr. Eadie replied that the client requires sign exposure to Highway #8. Councillor G. Lorentz enquired of Mr. R.W. Pritchard whether Notice of Motion is required to deal with this matter given that Council passed a motion of no action at the February 1, 1999 meeting. Mr. Pritchard stated that in his estimation, Notice of Motion and a Motion to Reconsider are required, since the former cannot be waived as all members of Council were not in attendance. Mr. Brenton Toderian, MacNaughton Hermsen Britton Clarkson Planning Limited appeared in regard to Sign Variance application S 2/99 and in support of the compromise position referred to by Mr. Eadie and outlined in Mr. Toderian's correspondence of February 11, 1999 which was previously circulated to members of Council. Mr. Toderian also indicated that it was his impression after speaking with staff following the February 1 meeting that he could approach Council directly with a compromise position. He stated that in his view agreeing to conform to the sign area requirements of the City by-law is a significant compromise, and stressed that the height variance is still required as the sign must be visible above the tree line. COUNCIL MINUTES FEBRUARY 15, 1999 - 56 - CITY OF KITCHENER Mr. Rinze Vanderwerff appeared on behalf of the Pinegrove Community Association and in opposition to the proposed sign variance. Council was in receipt of correspondence from Mr. Vanderwerff on behalf of the Community Association dated February 12, 1999 which indicates the Association does not view the compromise position as significant and continues to feel that the proposed sign will have a negative impact on the entrance to the City. NOTICE OF MOTION Councillor J. Ziegler gave Notice of Motion that at the March 1, 1999 Council meeting, he intends to introduce a Motion for Reconsideration of Council's February 1, 1999 decision to take no action on Committee of Adjustment Sign Variance Application No.S 2/99 (Sears Furniture and Appliance/Beaconridge Developments Inc. ), Gateway Park. Moved by Councillor C. Weylie Seconded by Councillor J. Haalboom "That the report of the Planning and Economic Development Committee of Council this date be adopted." Carried. Moved by Councillor G. Lorentz Seconded by Councillor K. Taylor-Harrison "That the report of the Community Services Committee of this date be adopted." Councillor J. Ziegler asked that clause 3 be dealt with separately as he does not support awarding an operating grant to the Kitchener-Waterloo Opera in this amount. He noted that the staff recommendation of awarding the same amount as in 1998 is in keeping with how other similar organizations have been dealt with. The report of the Community Services Committee was then voted on clause by clause. Clause 3 - Carried. Clause 4 - Dealt with under Delegations and Carried. Balance of report - Carried. Moved by Councillor Jake Smola Seconded by Councillor B. Vrbanovic "That the report of the Environmental Committee of this date be adopted." Carried. Councillor J. Ziegler advised that Clause 1 of the Finance and Administration Committee report of this date is being withdrawn at the request of the applicant since granting the Pawnbrokers Licence would be in contravention of the Region of Waterloo Licensing By-law which stipulates that no licensed pawnbroker can carry on business as the owner or keeper of a second hand shop. Moved by Councillor J. Ziegler Seconded by Councillor Jake Smola "That clause 2 of the report of the Finance and Administration Committee of this date be adopted ." Councillor K. Taylor-Harrison advised that she had visited the property at 38 Bingeman Street which is the subject of clause 2 of the Finance and Administration Committee report, and noted that debris had still not been removed from the site. She asked that the second paragraph of the recommendation directing staff to not enforce the by-law prior to March 11, 1999 to allow the owner to complete the work, be removed and the Property Standards By-law be given three readings this date. COUNCIL MINUTES FEBRUARY 15, 1999 - 57 - CITY OF KITCHENER Councillor J. Ziegler advised that he would not accept the suggestion of Councillor K. Taylor-Harrison as a friendly amendment. He stated that in his view the March 11 extension is a minor concession, and it is unfair to amend the motion at this time as the property owner is not in attendance. Councillor K. Taylor-Harrison noted that these deficiencies have been ongoing since 1997 and that further extensions are inappropriate. Ms. L. Pasternak confirmed that the first order deadline for the present owner of 38 Bingeman Street was October, 1997. The motion by Councillor J. Ziegler, seconded by Councillor Jake Smola, to adopt Clause 2 of the Finance and Administration Committee report was voted on and Lost. Moved by Councillor Jake Smola Seconded by Councillor K. Taylor-Harrison "That Clause 2 of the report of the Finance and Administration Committee report of this date be amended so as to remove paragraph 2 in its entirety, being direction to staff to take no action on enforcing the by-law prior to March 11, 1999." Carried. Councillor J. Ziegler asked that he be recorded as opposed to Clause 2, as amended. Note: The report of Heritage Kitchener (L.A.C.A.C.) of January 8, 1999 contained reference only to the recipients of the Mike Wagner Heritage Awards in 1999 and was dealt with under delegations when each award recipient was recognized. Moved by Councillor J. Haalboom Seconded by Councillor C. Weylie "That the report of Heritage Kitchener (L.A.C.A.C.) of February 5, 1999 be adopted." Carried. Councillor G. Lorentz enquired as to when a report regarding the inspection of the Humane Society kennels will be presented to Committee. Mr. J. Shivas replied that a report from Legal and Licensing staff will be presented to the Finance and Administration Committee on February 22, 1999. Councillor J. Ziegler referred to correspondence dated February 5, 1999 received from the City of Guelph outlining a resolution which requests the Province to assist with the payment of the March, 1999 education levy installment due to the significant impact of Bill 79 on the ability of municipalities to collect interim taxes. Ms. P. Houston advised that a report in this regard will be presented to the Finance and Administration Committee on February 22, 1999 for consideration. Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic "That Kitchener City Council endorse the February 1, 1999 resolution of Guelph City Council requesting that the Province assist with the payment of the March 1999 education levy installment due to the significant impact of Bill 79 on the ability of municipalities to collect interim taxes; and, That the Regional Municipality of Waterloo be encouraged to take similar action, with a copy of this resolution to be circulated to the Regional Clerk and local M.P.P.'s." Carried. It was requested that a copy of the report of J. Shivas, dated February 12, 1999 concerning Provincial Offences Act Devolution to Municipalities, be circulated to the Clerks of the municipalities affected. Councillor Jake Smola advised of a residents association meeting hosted by the Lackner Woods Neighbourhood Association concerning airport expansion to be held on February 16, 1999 at the Kitchener East Presbyterian Church. COUNCIL MINUTES FEBRUARY 15, 1999 - 58 - CITY OF KITCHENER Councillor J. Haalboom expressed an interest in obtaining a red light camera for use at the intersection of Pioneer Drive and Homer Watson Boulevard. She noted that this item forms part of the Regional budget submission and enquired how to obtain the installation. Mayor C. Zehr replied that if funding is approved by Regional Council on March 3, a request could be put forward at that time. Councillor J. Haalboom noted that the auditorium advertising sign fronting onto Ottawa Street contains commercial advertisements for Labatt's Blue and questioned whether this is appropriate in light of the City's advertising policies. Mr. T. Clancy replied that he did not recall any restriction in the advertising policy, but would obtain additional information. Councillor Jake Smola referred to recent issues involving outstanding holiday time and the monitoring of holidays for senior management. Mr. J. Gazzola advised that this matter had been dealt with at Management Committee several months ago and will be considered further in the near future following which an information report will be submitted to the Finance and Administration Committee. Councillor John Smola enquired as to the City's plans for fire protection service during the reconstruction of Ottawa Street bridge. He indicated a particular interest in plans for coverage of the Chicopee and Grand River Wards. Councillor Jake Smola advised that the Deputy Fire Chief had previously circulated a report in this regard to himself and Councillor Vrbanovic. Mayor C. Zehr asked that the report be recirculated to all members of Council. Councillor Jake Smola conveyed the appreciation of the owner of Whiskey Jacks at the corner of Natchez Road and Victoria Street for the Fire Department's quick response to the recent fire. Councillor Smola noted that Response Team No.1 arrived in just under four minutes, which is an excellent time. 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 lay out and establish parts of Eton Drive as a public highway in the City of Kitchener (b) Being a by-law to lay out and establish parts of Highbrook Crescent and Highbrook Court in the City of Kitchener (C) Being a by-law to amend Chapter 270 of the City of Kitchener Municipal Code with respect to Parks (d) Being a by-law to amend Chapter 680 of the City of Kitchener Municipal Code with respect to Signs (e) Being a by-law to licence Fireworks Vendors and those providing sale premises (f) Being a by-law to adopt Amendment No. 19 to the Municipal Plan - Revised Road Widths and Road Classification (g) Being a by-law to authorize the borrowing of $101,000,000 from January 1, 1999 to September 30, 1999 and $50,000,000 from October 1, 1999 to December 31, 1999 (h) Being a by-law to provide for interest to be added to tax arrears (i) Being a by-law to establish a penalty charge for non-payment of current taxes (j) 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 38 Bingeman Street, Kitchener (k) To confirm all actions and proceedings of the Council and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. FEBRUARY 15, 1999 COUNCIL MINUTES - 59 - CITY OF KITCHENER On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor J. Ziegler as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes, are hereby adopted and confirmed." Moved by Councillor Jake Smola Seconded by Councillor G. Lorentz "That the by-laws listed on the agenda for third reading, namely: (a) (b) (C) (d) (e) (f) (g) (h) (i) (j) Carried. Being a by-law to lay out and establish parts of Eton Drive as a public highway in the City of Kitchener (By-law No. 99-23) Being a by-law to lay out and establish parts of Highbrook Crescent and Highbrook Court in the City of Kitchener (By-law No. 99-24) Being a by-law to amend Chapter 270 of the City of Kitchener Municipal Code with respect to Parks (By-law No. 99-25) Being a by-law to amend Chapter 680 of the City of Kitchener Municipal Code with respect to Signs (By-law No. 99-26) Being a by-law to licence Fireworks Vendors and those providing sale premises Being a by-law to adopt Amendment No. Widths and Road Classification 19 to the Municipal (By-law No. 99-27) Plan - Revised Road (By-law No. 99-28) Being a by-law to authorize the borrowing of $101,000,000 from January 1, 1999 to September 30, 1999 and $50,000,000 from October 1, 1999 to December 31, 1999 Being a by-law to provide for interest to be added to tax arrears (By-law No. 99-29) (By-law No. 99-30) Being a by-law to establish a penalty charge for non-payment of current taxes (By-law No. 99-31 ) 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 38 Bingeman Street, Kitchener (By-law No. 99-32) FEBRUARY 15, 1999 COUNCIL MINUTES - 60 - CITY OF KITCHENER (Cont'd) (k) To confirm all actions and proceedings of the Council be taken as read a third time, be finally (By-law No. 99-33) aassed and numbered serially by the Clerk." Carried. On motion the meeting adjourned. MAYOR CLERK COUNCIL MINUTES FEBRUARY 15, 1999 - 61 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - That Demolition Control Application DC 98/13/P/JG (146 Pioneer Tower Road - Krizsanderson Developments Ltd.) requesting approval of the demolition of the vacant building at 146 Pioneer Tower Road, legally described as Part of Lot 10, Beasley's Broken Front Concession, be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. That the portion of "Wellington Street" which is east of Lackner Boulevard and north of the Canadian National Railway (CNR), as shown on Schedule "A" attached to Staff Report BPS 98/151 be renamed "Shirley Avenue". That City Council adopt Municipal Plan Amendment Application MP 98/2/C/GR - City Initiated (Revised Road Widths and Road Classifications) attached to Staff Report BPS 98/150, being an amendment to: a) Revise Schedule "D" -"Roads to be Widened" by including the streets to be widened as indicated in the attached amendment. b) Revise Section 8.3.3.9 to include Courtland Avenue between David Street and Devon Street as a Scenic-Heritage Road. c) Revise Section 8.3.3.10 to include Huron Road between Trussler Road and Westmount Road as a road for potential designation as a Scenic-Heritage Road. d) Revise Section 8.3.3.10 by deleting subsection v) relating to the inclusion of Trussler Road between Bleams Road and New Dundee Road for potential designation as a Scenic-Heritage Road. e) Revise Schedule "E .... Intersections that may exceed the designated road allowance" by adding the intersection of Park Street and Union Boulevard. It is the opinion of this Committee that approval of this Amendment to the Municipal Plan is proper planning for the City. 2) That Regional Council be requested to modify Amendment No. 18 to the Municipal Plan to revise Map 4 - "Transportation" by changing the classification of Trussler Road between Bleams Road and New Dundee Road to a Primary Arterial Road, and that the following special policy also be included as part of the Amendment: 8.3.2.6 That in recognition of the scenic-heritage value of that part of Trussler Road between Bleams Road and New Dundee Road, prior to any road re-alignment, widening or physical changes to the right-of way, a corridor management plan be developed by the Regional Municipality of Waterloo in consultation with the City of Kitchener. It is the opinion of this Committee that approval of this Modification to Amendment No. 18 of the Municipal Plan is proper planning for the City. That notwithstanding adoption of Municipal Plan Amendment Application MP 98/2/C/GR the Region of Waterloo be requested to refer clause 1 (d) of the recommendation to the Regional Heritage Planning Advisory Committee for comment and discussion prior to its consideration by the Regional Planning and Culture Committee. That the Council of the City of Kitchener express its general support for the draft Transportation Master Plan outlined in the Region of Waterloo report E-99-007/PC-99-002 and the Waterloo Transportation Master Plan 'Action Plan for Implementation' dated December 1998. COUNCIL MINUTES FEBRUARY 15, 1999 - 62 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - That the overall master plan for Rockway Gardens be revised by the Kitchener Horticultural Society to reflect recent decisions and to match present constraints, and further, That the City review and develop a Capital Budget to: Repair the Schneider Fountain and Jansen Fountain; maintain the Cascades Rockery and repair the walkway and stairs which are a pedestrian connector through the site, and further, That the 1999 Annual Operating Grant for the Kitchener Horticultural Society be established at $108,000.00, and further, That Facilities Management staff do an energy audit of the Rockway Gardens and prepare costs for a drilled well installed on the site, and further, That Mr. D. Daly, Manager of Parks Operations, be designated as the City's liaison and Ms. M. Weiler be designated as the liaison for the Kitchener Horticultural Society. That we approve a cash grant for the 1999 Open Ears Festival in the amount of $15,000.00 and an in-kind grant in the amount of $2,800.00, and further, That $2,000.00 of the cash grant be paid from the Downtown Promotional Fund and the remainder be paid from the General Provision Grant account, and further, That the promotional material for the Open Ears Festival note that it has been sponsored by the City of Kitchener and Kitchener Utilities, and further, That consideration be given to adding the name "Kitchener" to the name of the Open Ears Festival, and further, That the Open Ears Festival be added to the annual operating grants list. That we approve a 1999 Annual Operating Grant for Kitchener-Waterloo Opera in the amount of $5,000.00. That we approve, in principle, a cash grant, in the amount of $130,000.00 for the Poseidon Project team, to pay for a feasibility study, with the grant to be paid from the Capital Contingency Account. (Dealt with under Delegations and Carried.) That the City of Kitchener agrees to co-host the 1999 Ontario Games for the Physically Disabled, from July 16 - 18, 1999, in co-operation with the City of Waterloo, and further, That we approve an in-kind grant totaling $5,930.00 for the 1999 Ontario Games for the Physically Disabled, as outlined in the staff report from Ms. M. Sanderson, Supervisor of Leisure Support Services, dated February 3, 1999 and staff support, and further, That the Mayor and Clerk be authorized to sign the hosting agreement(s) satisfactory to the City Solicitor. That we approve an in-kind grant for the International Society of Arboriculture Annual Conference, in the amount of $500.00, for their conference to take place on February 24 - 26, 1999. ENVIRONMENTAL COMMITTEE - That the Environmental Committee recommend the City of Kitchener join the Ontario Clean Air Alliance (OCAA); and further, That the following recommendations of the O.C.A.A. be endorsed: COUNCIL MINUTES FEBRUARY 15, 1999 - 63 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL ENVIRONMENTAL COMMITTEE - (CONT'D) 1) That the Government of Ontario should establish emission caps which will ensure that in the year 2002 Ontario's total (domestic and imported) electricity-related emissions will not exceed the following levels: Sulphur Dioxide Nitrogen Oxides Greenhouse Gases 17.5 kilotonnes 25 kilotonnes 15,000 kilotonnes Arsenic 19 kilogrammes Beryllium 9 kilogrammes Cadmium 7 kilogrammes Chromium 180 kilogrammes Lead 24 kilogrammes Mercury 45 kilogrammes Nickel 228 kilogrammes 2) That the Government of Ontario should issue a discussion paper and consult the people of Ontario on the appropriate caps for Ontario's electricity-related greenhouse gas and nitrogen oxides emissions after the year 2002 in the context of a multi-stakeholder strategy to reduce Ontario's greenhouse gas and nitrogen oxides emissions. And further, that a copy of this resolution be sent to the Minister of the Environment, Minister of Health, Ontario Hydro and the Ontario Clean Air Alliance. FINANCE AND ADMINISTRATION COMMITTEE - That Mr. Hien Hoang be granted a Pawnshop Licence, to operate a pawnshop at 322 King Street East, Kitchener for the year 1999. (Withdrawn at request of applicant) That Legal staff prepare a by-law to authorize the carrying out of the provisions of Chapter 665 (Property Standards) of the City's Municipal Code with respect to the property municipally known as 38 Bingeman Street, Kitchener, for consideration by Council on February 15, 1999. (As Amended) HERITAGE KITCHENER (L.A.C.A.C.) (JANUARY 8, 1999) 1. That the following properties receive Mike Wagner Heritage Awards in 1999: 43 Schneider Avenue 189 Queen St. North 748 Zeller Drive 32 Gordon Avenue - Outstanding Achievement - Outstanding Achievement - Outstanding Achievement - Outstanding Achievement (Dealt with under Delegations) HERITAGE KITCHENER (L.A.C.A.C.) (FEBRUARY 5, 1999) That, pursuant to Section 43 of the Ontario Heritage Act, we approve the request of the owner to demolish the designated property municipally known as 161 Queen Street South, located in the Victoria Park Area Heritage Conservation District, subject to the following conditions; (a) That the demolition permit shall not be issued until just prior to the proposed 58 unit apartment building being ready for occupancy, and, (b) That, prior to the demolition of 161 Queen Street South, the property shall be recorded to a standard acceptable to the City's Heritage planner. 2. That we accept, with regret, the resignation of Mr. Anthony Gorman from Heritage Kitchener. COUNCIL MINUTES FEBRUARY 15, 1999 - 64 - REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER (L.A.C.A.C. - FEBRUARY 5, 1999) (CONT'D) 3. CITY OF KITCHENER That Ms. M. E. Coleman be appointed to Heritage Kitchener for a term to expire November 30, 1999. That Heritage Kitchener requests that City Council ask Regional Council to include Heritage; specifically the maintenance and repair of the Governor's House and Gaol, to the list of items to be considered for their 1999 budget surplus. COUNCIL MINUTES FEBRUARY 15, 1999 - 65 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Tax Sale Prodedures It was resolved: "That the City of Kitchener commence tax sale procedures for non-payment of realty taxes against those properties identified on Schedule A attached to this report, for arrears in the amount of $142,852.32." Councillor G. Lorentz expressed concern over the possible sale of properties to recover taxes owing. Ms. P. Houston explained that the owners will have one year to clear outstanding taxes, and that this avenue is being pursued as a last resort. Councillor Lorentz asked that Council be provided with updates concerning the tax status of these properties during the course of the year. Ms. Houston agreed to advise when back taxes have been paid or a sale is required. 2. Encroachment A.qreement - FAIRVIEW WARD It was resolved: "That the Mayor and Clerk be authorized to execute an encroachment agreement with the property owner(s) of Lot 507, Registered Plan 1375, municipally known as 96 Sandsprings Crescent, to legalize an existing retaining wall and planters which encroach one foot, more or less, onto the Sandsprings Crescent road allowance." 3. Computer Software Purchase It was resolved: "That the City of Kitchener waive its normal procedure for the purchase of computer software and authorize the purchase of a Miscellaneous Billing module from Sierra Systems for the sum of $40,000 plus applicable taxes." 4. Tenders Dealt with under delegations. 5. Applications for Cancellation, Refund, Reduction or Levv of Taxes Council was in receipt of correspondence from Mr. R.W. Pritchard, dated February 10, 1999 outlining the various tax adjustments recommended by staff. It was resolved: "That the applications attached hereto and forming part of these minutes relative to the cancellation, reduction, refund or levy of taxes be disposed of as recommended therein." 6. Provincial Offences Act Devolution to Municipalities Council was in receipt of correspondence from J. Shivas, City Solicitor, dated February 12, 1999 containing a recommendation submitted on behalf of the Provincial Offences Act Inter-Municipal Steering Committee. FEBRUARY 15, 1999 Be COUNCIL MINUTES - 66 - COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) CITY OF KITCHENER Provincial Offences Act Devolution to Municipalities (Cont'd) It was resolved: "That Kitchener Council approve the three recommendations contained in the February 12, 1999 report prepared by the Provincial Offences Act (POA) Inter- Municipal Steering Committee."