Loading...
HomeMy WebLinkAboutCouncil Minutes - 1999-03-01COUNCIL MINUTES MARCH 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" and two other selections by the Wilson Avenue Public School Choir under the direction of Nancy Rotozinski. Councillor J. Ziegler, on behalf of the Mayor and Council, thanked the Choir for their performance. On motion by Councillor M. Yantzi, the minutes of the regular meeting held on February 15, 1999 and special meetings held on February 15 and February 22, 1999, as mailed to the Mayor and Councillors, were accepted. Mr. Peter Hambly appeared on behalf of the K-W Sidewinders Sledge Hockey Club and thanked Council for its support and sponsorship of the upcoming March Sledge Hockey Tournament. Mr. Hambly presented a commemorative plaque to Mayor C. Zehr, who accepted on behalf of Council. Prior to tonights meeting, members of the Sidewinders and Kitchener Council played to a tie in an exhibition sledge hockey game on the Civic Square Rink. Ms. Bin Newell, Senior Planner - Department of Business and Planning Services, appeared in regard to Clause 2 of the Community Services report of this date dealing with the Healthy Community Concept to be used in developing a vision for the City. Ms. Newell suggested that this concept is a vehicle which could appropriately be used to address the Community Development objectives in Council's Strategic Plan. Ms. Newell gave a presentation defining the Healthy Community Concept and the development process. She indicated that Council support of the concept is requested, following which a Committee would be struck comprised of staff and community representatives. An assessment would then be undertaken of the health of the community to identify needs and issues and a plan or program developed to address these. Ms. Newell advised that the community would be empowered to implement the plan and criteria would be developed to assess the success of the initiative. She further advised that if supported by Council, staff would prepare a project management report and work plan for future consideration. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That Clause 2 of the Community Services Committee Report of this date be adopted." Councillor J. Ziegler inquired as to the anticipated budget for such an undertaking, and Ms. Newell replied that the City of Windsor spent between $80,000 and $100,000 which includes consultant fees; while Kitchener is proposing to do much of this work in-house. Ms. Newell indicated that funding would be dealt with in conjunction with the presentation of a work plan. Councillor Ziegler suggested that Council may wish to support the initiative in principle at this time subject to the presentation of a detailed budget. Mr. Brock Stanley confirmed that staff will bring the funding recommendation and work plan back to Council for final approval. The motion by Councillor G. Lorentz, seconded by Councillor T. Galloway, to adopt Clause 2 of the Community Services Committee report of this date was voted on and Carried. 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. Council was advised that three additional tenders were being added for consideration this date; namely, consultant services for the Commercial Policy Review; the Victoria Park Waterplay Facility; and, the Tree Planting Program. Council was in receipt this date of reports and recommendations relative to the three additional tenders. Mayor C. Zehr pointed out an error in the recommendation relative to Tender T99-015 (Relamping - Kitchener Memorial Auditorium Complex) and noted that the recommended tender price should read $67,447 rather than $67,600. COUNCIL MINUTES MARCH 1, 1999 - 72 - CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor K. Taylor-Harrison "That Tender T99-013, Rankine Construction G.S.T." Victoria Park Pavilion Replacement Doors, be awarded to Ltd., Mississauga at their tendered price of $53,242., plus -and- "That Tender T99-007, Fleet Vehicles (Automobiles, Vans & Pick-Up Trucks) be awarded as follows: Item # 1 - One (1) - Full Size 4-Door Sedan with Police Performance Package - No award. Item #2 - One (1) - 4-Door, 4-Wheel Drive, 5 Passenger Compact Sport Utility Vehicle, complete to specification CKF-70 - to Welland Ford Sales Ltd., Kitchener, at their tendered price of $29,481., plus optional lube & oil changes throughout the warranty period at $28. each, G.S.T. and P.ST. Item #3 - Five (5) - 4-Door Sub-Compact Automobiles complete to specification CKF- 280 - to Stedelbauer Motors Ltd., Kitchener, at their tendered price of $74,300., plus optional lube & oil changes throughout the warranty period at $30. each, G.S.T. and P.S.T. Item #4 - Two (2) - Standard Cargo Vans, complete to specification CKF-86 - to Welland Ford Sales Ltd., Kitchener, at their tendered price of $41,408., plus optional lube and oil changes throughout the warranty period at $28. each, G.S.T. & P.S.T. Item #5 - One (1) - Mini Cargo Van, complete to specification CKF-94C - to Steve Scherer Pontiac Ltd., Kitchener, at their tendered price of $18,607., plus optional lube and oil changes throughout the warranty period at $26.91 each, G.S.T. & P.S.T. Item #6 - Two (2) - Standard Vans, complete to specification CKF-92A - to Welland Ford Sales Ltd., Kitchener, at their tendered price of $41,238., plus optional lube and oil changes throughout the warranty period at $28. each, optional factory natural gas conversion at $5,968. each, G.S.T. and P.S.T. Item #7 - One (1) - Standard Extended Van, complete to specification CKF-92B - to Welland Ford Sales Ltd., Kitchener, at their tendered price of $21,880., plus optional ladder rack at $650., lube and oil changes throughout the warranty period at $28. each, G.S.T. and P.S.T. Item #8 - Four (4) - 5,600 Ib. G.V.W. Pickup Trucks, complete to specification CKF-87A - to Welland Ford Sales at their tendered price of $79,812., plus optional lube and oil changes throughout the warranty period, optional factory natural gas conversion at $5,686. each on two units for Utilities, G.S.T. and P.S.T." -and- "That Tender T99-015, Relamping at the Kitchener Memorial Auditorium Complex, be awarded to Kearsley Electric Limited, Kitchener at their tendered price of $67,477., plus G.S.T." -and- "That Expression of Interest E99-021, Title Searchers for the Legal Department, be awarded to Richard A. Ried, Kitchener, Chris L. Rau, Waterloo, Gary F. Hounsell, Kitchener and J & S Title Searching Services, Waterloo at a total price of $43,000., plus GST." -and- COUNCIL MINUTES MARCH 1, 1999 - 73 - CITY OF KITCHENER "That Letter of Interest L99-008, Tree Planting Program, be awarded to the following: Grand Valley Garden Centre - Kitchener; J.C.A. Trees - Waterloo; John's Nursery - Waterloo; Meadow Acres Garden Centre - Petersburg; Sheridan Nurseries - Kitchener; York Nursery Limited - Kitchener; and Tillich's Nursery - Breslau." -and- "That Proposal P99-008, Waterplay Facility Phase I - Victoria Park, be awarded to Grigg Landscaping Inc., Petersburg, Ontario at their proposed price of $148,350., plus G.S.T." -and- "That Expression of Interest E99-010, Consultant Services - Commercial Policy Review, be awarded to Royal LePage Strategic Advisory Services, Toronto at an upset fee of $50,000., plus G.S.T." Carried. Mr. Lavern Gooding appeared in regard to his proposal to operate a shuttle service between Conestoga Mall in Waterloo and the Fairview Park Mall in Kitchener. Mr. Gooding's license application in this regard is to be the subject of a public hearing before the Ontario Highway Transportation Board on March 16, 1999. A motion directing Kitchener Transit staff to enter into negotiations with Mr. Gooding was put forward at the Public Works and Transportation Committee meeting of February 22, 1999, but was lost on a tie vote. Mr. Gooding suggested that commuting the length of both Kitchener and Waterloo using Kitchener Transit is time consuming, and that his proposed service would shorten the time to cross the two cities and in this sense would compliment the services provided by Kitchener Transit. He indicated that he hoped to attract a large portion of the 32% of the population who do not presently use the Transit service or use it infrequently. Mr. Gooding referred to the handout he circulated this date which includes an estimate of the financial impact of the proposed service on Kitchener Transit. He estimated that the maximum revenue loss would be $32,448.00, assuming 50% of shuttle ridership comes from existing Kitchener Transit customers. Mr. Gooding suggested that Council has three options: maintain the status quo; turn down his request and allow Kitchener Transit to deliver the same service at a much higher cost; or, support a licence for a one year trial period during which time Kitchener Transit would be directed to accept his transfers on City buses. In response to a question, Mr. Gooding advised that any service agreement with the City could reflect that if Council or Kitchener Transit are not satisfied with the service provided that a public hearing would be held before the Ontario Highway Transportation Board prior to consideration of any licence renewal by the board. He also clarified that there would be no cost to the City as a result of a one year trial agreement. Mr. Nell Bricker, President, and Mr. Mike Smith, Chair, appeared on behalf of CAW Local 4303 and in opposition to the Green Circle Shuttle Service proposed by Mr. Gooding. Mr. Bricker expressed anger that comments by Mr. Gooding suggest that Kitchener Transit is not doing its job. He suggested that the cost analysis in Mr. Gooding's handout is flawed and that the statistics quoted conflict with others he has reviewed. Mr. Bricker noted that Kitchener Transit is presently operating shuttle services through partnerships with private companies such as Zehrs Markets. He questioned the outcome if Mr. Gooding's shuttle service does not succeed and advised that his Union recommends that the proposal be rejected. Mr. Mike Smith indicated that he was in support of the recommendation from Transit management that the proposal be rejected. He noted that previous agreements concerning an alternate vehicle operator classification would allow Kitchener Transit to operate shuttle services in areas of the City where Transit services are not offered at present. He also pointed out that the BusPlus initiative has been a success and provides shuttle service at no additional cost to the rider. He stated that everything is in place which would allow Kitchener Transit to provide the same service proposed by Mr. Gooding, with the added benefit of Kitchener retaining control of the overall Transit system. Mr Mike Smith suggested that Mr. Gooding's proposal is flawed and makes a number of erroneous claims in regard to the advantages of the service; for example, in reducing the number of intoxicated drivers on the road. He pointed out that the cab companies who are currently licensed should be given an opportunity to provide this type of service before any new licence is issued. He also noted COUNCIL MINUTES MARCH 1, 1999 - 74 - CITY OF KITCHENER that Mr. Gooding's proposal would remove passengers from Kitchener Transit's most profitable runs with no benefit to the transit service as a whole. Mr. Neil Bricker added that the Manager of the Conestoga Mall is not prepared to allow Mr. Gooding to pick-up passengers on the Mall property. Councillor T. Galloway put forward a motion, seconded by Councillor B. Vrbanovic, that no action be taken on the request of Mr. Lavern Gooding to operate the Green Circle Shuttle Service in the City. Councillor T. Galloway pointed out that in order to provide a good public transit system, the City needs all the riders it can attract. He suggested that Mr. Gooding's proposal will result in lost ridership and fragmentation of the Transit system. He also pointed out that accepting the proposal would amount to a betrayal of collective bargaining as the most recent agreement contains language to provide for delivery by Kitchener Transit of alternative services similar to those proposed by Mr. Gooding. Councillor B. Vrbanovic noted that allowing private firms to contract for the most profitable routes would result in the public system being left with responsibility for less profitable but necessary routes. Councillor J. Ziegler indicated that he initially supported the proposal at the committee level, but on reflection now feels that approving the proposal would fragment the transit system. He indicated his support for Kitchener Transit providing this type of express service itself. Councillor Ziegler asked that staff and union representatives investigate the feasibility of Kitchener Transit offering express shuttle service. Mayor C. Zehr reminded Council that the City does not have the authority to refuse the licence Mr. Gooding would require to operate his service, but could direct staff to make a submission in opposition at the upcoming licence hearing. Councillor Lorentz suggested that Mr. Gooding's proposal underlines the need for Kitchener Transit to respond to changing circumstances and new opportunities. He indicated that he does not support licensing a private carrier to operate on the expressway. Councillor Lorentz offered the view that no aspect of the transit system should be opened up to the private sector, as Council owes the ratepayers of the community the best possible transit system it can provide. Councillor T. Galloway accepted, as a friendly amendment, a suggestion form Councillor G. Lorentz that staff be directed to appear at the upcoming Ontario Highway Transportation Board hearing in opposition to the licence application of Lavern Gooding respecting the Green Circle Shuttle Service. Council then voted on the main motion, as amended, and a recorded vote was requested. Moved by Councillor T. Galloway Seconded by Councillor B. Vrbanovic "That no action be taken on the request of Lavern Gooding for Council's support of his licence application involving the provision of express shuttle service in the City of Kitchener; and further, That staff be directed to appear at the upcoming Ontario Highway Transportation Board hearing in opposition to Mr. Gooding's licence application respecting the Green Circle Shuttle Service." Carried Unanimously. Ms. Christiane Sadeler and Mr. Peter Ringrose appeared on behalf of the Community Safety and Crime Prevention Council. Mr. Ringrose advised that Ms. Louise Ervin was unable to attend this date. Mr. Ringrose gave a summary presentation on the role of the 30 member Community Safety and Crime Prevention Council and circulated written material entitled "Justice Guide - Where To Go For Help In the Waterloo Region" and the "Report on the Region of Waterloo's Youth Survey, 1997". Mr. Ringrose noted that the Council is involved in identifying new initiatives to combat crime and the root causes of crime. Its main focus is on prevention, linking different levels of government and grass roots organizations, acting as a catalyst for change, and supporting community initiatives to address the root cause of crime. Councillor K. Taylor-Harrison questioned whether Mr. Ringrose perceives any overlap or duplication between the work of the Community Safety and Crime Prevention Council and the City of Kitchener's Safe City Committee. Mr. Ringrose and Ms. Saddler both advised that they saw no evidence of duplication, but see the role of the Safe City Committee as complimentary and focusing primarily on the micro community level. Councillor T. Galloway indicated his support for crime prevention initiatives which reduce expenditures in the criminal justice system. COUNCIL MINUTES MARCH 1, 1999 - 75 - CITY OF KITCHENER Motion to Reconsider Councillor J. Ziegler put forward a motion to reconsider Council's February 1, 1999, decision to take no action on Committee of Adjustment's Sign Variance Application S 2/99 (Sears Furniture and Appliance/Beaconridge Developments Inc.), Gateway Park. The motion to reconsider failed through lack of a seconder. Mr. Julian Ichim, Mr. Mike Dawson, and Ms. Angi Orchard appeared on behalf of the Youth Collective. Mayor C. Zehr advised that Council would not be dealing with the security issue tonight, and that this matter would be considered at the Finance and Administration Committee on March 22, 1999, at approximately 10:00 a.m. Mr. Julian Ichim noted that to date no action has been taken to create a youth drop-in centre which is urgently needed and that harassment of youth continues. He stressed the need to pursue the development a drop-in centre and to open lines of communication between the Youth Collective, City staff, and Council. Mr. Mike Dawson advised that he had approached Mr. Laurier Proulx, Director of Facilities Management, with a request that the Youth Collective be represented on any body making recommendations concerning security policy. He also asked for an opportunity to review and comment on any recommendations in this regard. Mr. Dawson referred to the escalating presence of Waterloo Regional Police at public facilities where demonstrations are taking place, and asked that Council approach Police to request that they not obstruct demonstrations. He also referred to an incident where demonstrators were asked to remove a banner from public property, and asked that Council reverse this decision, as the banners will only be used during public demonstrations. Mayor C. Zehr clarified that the only direction given in regard to Police is that they will be called if there is evidence of illegal activity. Councillor J. Ziegler encouraged Mr. Ichim to put his comments in writing so that they can form part of the March 22, 1999, Finance and Administration Committee agenda. Councillor G. Lorentz asked staff to ensure that copies of the staff report relative to security issues be made available for pick-up by the Youth Collective at noon on Friday March 19, 1999. Mayor Zehr agreed that the report should be made available to the public at the same time its is available to the Committee. Mr. Mike Dawson repeated earlier comments concerning the prohibition of banners on public property. Mr. J. Gazzola responded that security staff requested that demonstrators remove banners for safety reasons which had been erected inside the building. Mr. Julian Ichim clarified that the banners referred to are the "Free Food" banners which were affixed to the City Hall building. Mayor C. Zehr asked that staff clarify this policy at the March 22, 1999, Finance and Administration Committee meeting. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report Planning and Economic Development Committee of this date be adopted." Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee of this date be adopted." Councillor M Yantzi clarified that in regard to Clause 6 concerning a Facility Feasibility Study, that it was his intention the Study would establish community centre criteria and also take into consideration non-traditional approaches to providing such facilities. Mr. T. Clancy stated that what is proposed is a more holistic approach than has been taken in the past. COUNCIL MINUTES MARCH 1, 1999 - 76 - CITY OF KITCHENER The report of the Community Services Committee was then voted on clause by clause. Clause 2 - 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." Council agreed to a request from Councillor J. Ziegler to substitute clearer wording for Clause 8, of the Finance and Administration Committee report, and he read the proposed rewording. Councillor T. Galloway requested that Clause 3 be dealt with separately, and Councillor Jake Smola asked that Clause 2 be dealt with separately and a recorded vote taken. He also asked that copies of Clause 2 relative to the Humane Society be forwarded to the Society as well as the City of Waterloo. Councillor T. Galloway spoke to Clause 3 involving the drafting of a by-law to licence non-erotic body rub parlours. He argued that enough time has been spent on the issue given that practitioners in this area are not a major problem. He suggested that Police would be able to more effectively deal with problems in this regard if criminal activities are involved. Councillor Galloway felt that such a by-law would create unnecessary red tape for legitimate practitioners. Councillor B. Vrbanovic disagreed, noting that staff and the public would benefit form the licensing of these practitioners. Councillor G. Lorentz indicated his support noted that licensing ensures that the public is protected from unskilled practitioners. Councillor M. Yantzi agreed with the comments of Councillor T. Galloway, noting that health remedies are involved whose practitioners are not always working full-time, and offered the opinion that the by-law is unnecessary. The report of the Finance and Administration Committee was then voted on clause by clause. Clause 2 - Carried unanimously on a recorded vote. Clause 3 - Carried. Balance of report - Carried. Moved by Councillor John Smola Seconded by Councillor Jake Smola "That the report of the Public Works and Transportation Committee of this date be adopted." Carried. Councillor John Smola referred the private and confidential report received by Council this date concerning the inspection of two particular rooming and boarding houses in his Ward where criminal activity was involved. He asked that this matter be reviewed at a future in-camera meeting of Council. Councillor J. Haalboom referred to recently circulated correspondence from the Municipality of Ottawa-Carleton concerning the relationship between cultural facilities and the Development Charges Act. She noted that the Act presently excludes cultural and entertainment facilities and gave notice that she would be introducing this matter at a future meeting of Council. Councillor T. Galloway asked that staff draft a background report indicating whether such facilities have always been excluded or only been excluded under the new Act. Councillor J. Haalboom extended congratulations to Mr. David Smith on his fine job in organizing the recent conference of the Ontario Society of Arboriculture. She asked that staff pursue a greater emphasis on tree preservation and avoiding tree damage during subdivision construction. She asked that the Parks and Recreation and Business and Planning Services Departments review any City policies in this regard. Mr. T. Clancy replied that some of the areas referred to are already being addressed, and that the newly created position of Forest Technologist will allow his department to work with the Business and Planner Services Department to establish appropriate safeguards. COUNCIL MINUTES MARCH 1, 1999 - 77 - CITY OF KITCHENER Councillor J. Haalboom referred to the recent Grand River Fisheries Management Plan, and noted that staff are starting to work with this document. Councillor Jake Smola referred to a recent e-mail concerning the establishing of a project team to include Deputy Fire Chief B. Kuntz and M. Walshe, Chief Executive Office of the Kitchener Public Library. Councillor Smola also referred to problems at the intersection of Old Chicopee Drive and Ottawa Street and asked that a report be submitted to a future meeting of the Public Works and Transportation Committee indicating when a traffic survey for this intersection was last completed and whether the necessary warrants have been met to allow for the installation of traffic signalization. Councillor Smola referred to a subdivision in his Ward where residents have difficulty exiting right on Ottawa Street towards the expressway from Halliwell Drive, Hickson Drive, and Crosby Drive. He asked staff to determine whether this situation in relation to the closure of the Ottawa Street Bridge has been considered in the closure plan. Councillor B. Vrbanovic referred to the closure of Weber Street eastbound and concerns expressed regarding the lack of notice and signage advising of the closure and its duration. He asked that staff investigate and address the matter. Mr. Snow indicated that work will commence in April, that there will be sufficient notice and that signage is being put up now. Councillor G. Lorentz referred to the West Side Access Study and the use of signs as message boards to alert drivers who use routes on a daily basis. Councillor B. Vrbanovic referred to a recent article in the Toronto Star concerning a trend in the Greater Toronto Area whereby large developers are not granting access rights to private communications companies but retaining these rights for themselves. He asked that staff investigate this issue and determine whether such a scenario could occur in Kitchener or elsewhere in the Region and whether it could be addressed through provisions in a subdivision agreement. Mr. T. McCabe advised that his staff are already looking into the matter, and Councillor Vrbanovic stressed the importance to the public of having a sense that a reliable entity is providing this service. Council agreed to the request of Mr. R.W. Pritchard to add a by-law for three readings this date to extend the time for conveyance of lands in respect to the closing of Pinnacle Drive. Moved by Councillor G. Lorentz Seconded by Councillor M. Yantzi "That leave be given to the Mover and Seconder to introduce the following by-laws, namely;" (a) Being a by-law to exempt certain lots from Part Lot Control - Block 1, Registered Plan 58M-55 - Wake Robin Drive and Wake Robin Crescent (b) Being a by-law to amend By-law 97-43 which exempts from Part Lot Control - Blocks 2 to 4 inclusive and Blocks 6 to 17 inclusive, Plan 58M-15, Blocks 1 to 13 inclusive, Plan 58M- 18 and Block 1, Plan 58M-20 - Activa Avenue, Bush Clover Crescent, Woodpoppy Court and Wilderness Avenue (C) Being a by-law to amend By-law 96-140, as amended, which exempts Lots 1 to 12 inclusive, Lot 14 and 15, and Blocks 13, 16 and 21 to 25 inclusive on Plan 58M-1 from Part Lot Control - Highbrook Street, Highbrook Crescent and Highbrook Court (d) Being a by-law to repeal a by-law (e) To confirm all actions and proceedings of the Council (f) Being a by-law to extend time for conveyance of lands pursuant to By-law 94-26 - Pinnacle Drive closed. 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 M. Yantzi as Chair. COUNCIL MINUTES MARCH 1, 1999 - 78 - CITY OF KITCHENER On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor M Yantzi Seconded by Councillor J. Ziegler "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 G. Lorentz Seconded by Councillor M. Yantzi "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to exempt certain lots from Part Lot Control - Block 1, Registered Plan 58M-55 - Wake Robin Drive and Wake Robin Crescent (By-law No. 99-35) (b) Being a by-law to amend By-law 97-43 which exempts from Part Lot Control - Blocks 2 to 4 inclusive and Blocks 6 to 17 inclusive, Plan 58M-15, Blocks 1 to 13 inclusive, Plan 58M-18 and Block 1, Plan 58M-20 - Activa Avenue, Bush Clover Crescent, Woodpoppy Court and Wilderness Avenue (By-law No. 99-36) (C) Being a by-law amend By-law 96-140, as amended, which exempts Lots 1 to 12 inclusive, Lot 14 and 15, and Blocks 13, 16 and 21 to 25 inclusive on Plan 58M-1 from Part Lot Control - Highbrook Street, Highbrook Crescent and Highbrook Court (d) (e) (f) Being a by-law to repeal a by-law To confirm all actions and proceedings of the Council (By-law No. 99-37) (By-law No. 99-38) (By-law No. 99-39) Being a by-law to extend time for conveyance of lands pursuant to By-law 94-26 - Pinnacle Drive closed (By-law No. 99-40) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned. Carried. MAYOR CLERK COUNCIL MINUTES MARCH 1, 1999 - 79 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - That the City accept the Offer to Purchase dated February 17, 1999 from elocab Sonderkabel GmbH Co. KG, for Lots 82C and 82E in Phase II of the Huron Business Park better known as Parts 1 and 3 on Reference Plan 58R-6949 and having an area of about 3 acres on McBrine Drive for the total purchase price of $240,000 based upon $80,000/acre; and further, That the Mayor and Clerk are hereby authorized to execute any other necessary documentation required by the City Solicitor. That Demolition Control Application DC 98/1 4/F/ZJ (Lurkan Homes Inc.) requesting approval of the demolition of the vacant building and detached garage at 34 Fourth Avenue, legally described as Lot 80, Registered Plan 254, be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. That Council Policy 1-670 dated July 18, 1988 and revised December 19, 1988, be deleted and replaced with the following: POLICY CONTENT That for development proposals approved under Section 41 of the Planning Act the City may require the owner to provide performance securities prior to the issuance of any building permits, in a form and amount satisfactory to the City Solicitor and the Director of Planning. The performance securities shall be held as security for the completion of required site development works. If a cost estimate is completed to the satisfaction of the Director of Planning the following shall apply: 2.1 The amount of the performance security shall be 50% of the total cost of all site development works; 2.2 After satisfactory completion of 50% of the value of site development works, the amount of security held by the City shall be reduced, as set out in the site plan agreement, by amounts in accordance with the cost estimate, for additional works completed; If no cost estimate is completed to the satisfaction of the Director of Planning the following shall apply: 3.1 For new development, the amount of the performance security shall be based on the following, which may or may not represent 50% of the total cost of all site development works, but in no case shall the amount be less than $50,000.00: Residential: Industrial: Institutional: Commercial: $60,000 per hectare + 600 per metre frontage $20,000 per hectare + 150 per metre frontage $25,000 per hectare + 500 per metre frontage $60,000 per hectare + 500 per metre frontage 3.2 For additions, alterations or additional buildings on developed sites, the amount of the performance security shall be based on the following, which may or may not represent 50% of the total cost of all site development works, but in no case shall the amount be less than $25,000.00: Residential: Industrial: Institutional: Commercial: $30,000 per hectare + 300 per metre frontage $10,000 per hectare + 75 per metre frontage $12,500 per hectare + 250 per metre frontage $30,000 per hectare + 250 per metre frontage COUNCIL MINUTES MARCH 1, 1999 - 80 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - CONT'D 3.3 After satisfactory completion of all site development works, the total amount of security held by the City shall be released. Subsequent to the provision of performance securities under Policy 3, a cost estimate may be provided and security reductions granted under Policy 2. Council Policy 1-670.1 shall not apply to the City or any local board thereof, the Regional Municipality of Waterloo or any local board thereof, the Hydro-Electric Commission of Kitchener-Wilmot, the Waterloo Region District School Board, the Waterloo District Catholic School Board, or the Federal or Provincial Government or any crown agency thereof. Development approvals for such agencies may be subject to the following requirement: 5.1 That in the event the facilities or improvements required by the Agreement are not completed prior to occupancy, as specified by this agreement, due to adverse weather conditions or other extenuating circumstance, occupancy will be approved, provided that a Letter of Undertaking and Indemnity is given by the Owner to the City's Director of Planning agreeing to complete the outstanding site work within a specified time. That a new fee of $100.00 per inspection be established for re-inspection of outstanding site works related to requests for final release of Letters of Credit. COMMUNITY SERVICES COMMITTEE - That we approve a 1999 grant for the Waterloo Region Arts Council, in the amount of $6,930.00, and further, That 50% of the grant, $3,465.00, be provided at this time and 50% be given on satisfactory completion of the Regional Cultural Directory and submission of an outline of the Council's 1999 activities, and further, That the Waterloo Regional Arts Council provide a follow - up report to the Community Services Committee in June 1999. That City Council supports the Healthy Community Concept, as the approach to be used in developing a vision for the City and further, That staff proceed to identify actions, including community development initiatives, to be used in achieving the vision, as identified in the Corporate Strategic Plan. (Dealt with under Delegations and Carried.) 3. That Marshall Ward be appointed the 1999 City of Kitchener Artist in Residence, and further, That the Mayor and Clerk be authorized to sign a licensing agreement with Marshall Ward for use of City premises for the 1999 Artist and Residents program, to the satisfaction of the City Solicitor. That we approve the Terms of Reference for the Millennium Steering Committee, as outline in the report of Mr. M. Price, Manager, Arts, Culture, Leisure Programs, dated February 18, 1999, and further, That we approve the budget to hire a temporary Millennium Event Co-ordinator, as outline in the report of Mr. M. Price, Manager, Arts, Culture, Leisure Programs, dated February 18, 1999, and further, That the Millennium Event Co-ordinator provide assistance to the Millennium Steering Committee and provide project support, once endorsed by the steering committee, and further, COUNCIL MINUTES MARCH 1, 1999 - 81 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE (CONT'D) - That the balance of the $100,000.00, currently in the capital budget for millennium funding, be held until the Millennium Steering Committee makes a recommendation as to how the money should be spent. That the Mayor and Clerk be authorized to sign a one-year agreement with Michael Martz, for the provision of Golf Professional services, with such agreement to be satisfactory to the City Solicitor and substantially similar to the draft agreement dated February 8, 1999. That we approve the criteria to proceed with a Facility Feasibility Study, to determine future needs and priorities for community centres over the next 10 years, as contained in the report Mr. T. Clancy, General Manager, dated February 17, 1999 and further, That we proceed with Expressions of Interest for the selection of a qualified professional recreational consultant who may be interested in completing a Facility Feasibility Study. That a request for proposal be issued to engage a consultant to carry out an operational review of the Parks and Recreation Department, and further, That the purpose of the review be to assist the City in a possible reorganization of the Parks and Recreation Department that will allow it to continue to provide excellent service to the City's customers, and further, That Mr. R. Wyatt be appointed Interim Assistant General Manager of Parks and Recreation, effective March 1, 1999, until the date of Council's acceptance of a final report from the aforementioned consultant or 6 months (September 1, 1999), whichever comes first, and further, That any costs associated with the review of the Parks and Recreation Department be funded from the Sick Leave Reserve Fund. FINANCE AND ADMINISTRATION COMMITTEE - That subject to a maximum prize board of $3,000.00, with a maximum of six $5,500.00 prize boards per calendar year, the Council of the City of Kitchener approve the request of the Kitchener Pioneer Lions Club to sell media bingo cards in the City of Kitchener, effective March 1, 1999 for a one year term; and further, That the Club be directed to bring any proposed change to the prize boards to the Twin City Committee for consideration. That the report of Ms. L. Pasternak dated February 19, 1999 relative to inspection of the pound facility of the Kitchener-Waterloo and North Waterloo Humane Society be accepted and no additional action be taken regarding this matter; and further, That Kitchener City Council express its satisfaction with the services being provided by the Humane Society to the Community and commends the Society for its work; and further, That the City of Kitchener will not be a party to any audit request pertaining to the Society. (Carried unanimously on a recorded vote.) That a draft by-law licensing non-erotic body rub parlours be prepared for a future Finance and Administration Committee meeting; and further, That those individuals who expressed an interest in a by-law licensing non-erotic body rub parlours be notified of the above and provided with a copy of the accompanying report and draft by-law in advance of the meeting. That Chapter 539 of the City of Kitchener Municipal Code be amended by adding the following to Schedule "A" - A List of Recognized Municipalities/Agencies: 11. The Corporation of the City of Cambridge COUNCIL MINUTES MARCH 1, 1999 - 82 - REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE (CONT'D) - CITY OF KITCHENER 12. The Electrical Contractor's Registration Agency (ECRA) 5. That the Kitchener/Waterloo Shrine Circus be granted permission to hold an Outdoor Circus in the Parking Lot of the Kitchener Memorial Auditorium Complex on June 15th, 1999, providing the necessary Licence and Building Permit are obtained, including the signatures of approval; and further, That satisfactory arrangements are made with the General Manager of Public Works for the collection and disposal of all waste from the site. 6. That the Manager of Licensing and the Legal Department be instructed to prepare the 1999 Street Vendor's By-law. 7. That the new Development Charge Policy of the City of Kitchener be tabled; and further, That the City's Development Charge Team be directed to circulate the Development Charge Policy for public review and comment. 8. That the Legal Department prepare a report on its proposed new fees relative to development by April 30, 1999 in order that the public and affected parties can comment on the proposed new fees at the same time or in conjunction with public input on the revised Development Charge Policy. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - 1. That an all-way stop be installed at the intersection of Mill Park Drive and Morningview Place; and further, That Staff of the Traffic and Parking Division review this installation in 1 years time to determine its impact; and further, That the Uniform Traffic By-law be amended accordingly. That City Council waive the consultant selection process and award the 1999 Duke and Ontario Garage Structural Repair Program and Monitoring Program to Morrison Hershfield Limited. That monthly parking be permitted in the following locations at a monthly rate of $50.00, namely: Goudies Lane Lower Market, Market Square Lot No. 2 - Queen Street Lot No. 6 - King Street West Lot No. 7 - Charles Street West Lot No. 9 - Ontario Street South; and further, That monthly parking be permitted in Lot No. 17, Halls Lane West, at a monthly rate of $45.00; and further, That monthly parking be permitted in the following locations at a monthly rate of $40.00, namely: Lot No. 3 - Water Street South Lot No. 19 - Ahrens Street (Centre In The Square); and further, That Lot No. 18 be re-assigned from Joseph Street to Madison Avenue and that monthly parking be permitted at a rate of $40.00; and further, That monthly parking be permitted in Lot No. 24, Victoria Street, at a monthly rate of $25.00; and further, That Lot No. 12, Ontario Street, be removed from the Off-Street Parking By-law; and further, COUNCIL MINUTES MARCH 1, 1999 - 83 - REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE (CONT'D) - That Saturday parking at the Duke and Ontario Parking Garage be only $1.00; and further, That Off-Street Parking By-law No. 88-169 be amended accordingly. CITY OF KITCHENER COUNCIL MINUTES MARCH 1, 1999 - 84 - 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. Licences i) Multicultural Festival It was resolved: "That in conjunction with the Multicultural Festival and all activities connected therewith, to be held at Victoria Park Saturday, June 26, 1999 and Sunday, June 27, 1999, the week of June 26 to July 3, 1999 inclusive be declared a period of Civic Celebration in the City of Kitchener and that this event be considered a "Community Festival" within Kitchener, and further, That the Kitchener-Waterloo Multicultural Centre Inc. be granted a Temporary Retail Market licence, provided that the necessary Licence and Health and Fire approvals are obtained." 2. Town of Keewatin Resolution - Disparity In Gasoline Prices It was resolved: "That no action be taken in regard to the Keewatin Council resolution of January 11, 1999, concerning the disparity in gasoline prices in Ontario and support for a petition to the Government of Ontario asking them to conduct an investigation and review." Offer to Purchase for Execution, Rockwater Inc. - Bps 99~39 Huron Business Park Site 139 - South Ward It was resolved: "That the City accept the Offer to Purchase from Rockwater Inc. for Site 139 in Phase III of the Huron Business Park also known as Parts 6 and 21 on Plan 58R- 7426 that has an area of 2.35 ac. at a purchase price of $176,250.00 calculated at $75,000.00/ac; and further, That the Mayor and Clerk are hereby authorized to execute any other necessary documentation required by the City Solicitor." 4. Proposed Closure - Mutual Drive And Vo.qt Place - Bridgeport - North Ward Councillor M Yantzi indicated that it was his assumption the recommendation to advertise the road closure at this time is not intended to prejudice the outcome of the public meeting on the Mutual Group proposal scheduled for later this month. Mayor C. Zehr clarified that all options are open in regard to the proposal, and the intention of advertising a possible road closure in advance of the meeting is to ensure that irrespective of the outcome of the public meeting Council is in a position to make a decision on March 29, 1999. It was resolved: "That staff be directed to proceed with the advertisement of a proposal by Mutual Group to close Mutual Drive and Vogt Place." COUNCIL MINUTES MARCH 1, 1999 - 85 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 5. Corporate Communciations And Marketin.q Council was in receipt of a report and recommendation from P. Sinnot, Communications, Director, outlining a proposed Communications Division. Councillor J. Ziegler asked that the recommendation be amended to state that the Division is being created on the assumption it will be revenue neutral, and advised that he does not support the creation of this entity at an additional cost to the City. Council agreed to the change proposed by Councillor Ziegler. Councillor B. Vrbanovic noted that the Parks and Recreation Department currently has five employees performing marketing functions, two of these positions being currently untilled. He noted that it was his understanding that the positions remaining in the department following creation of a Communications Division would be devoted to business development activities in the Parks and Recreation Department. Mr. J. Gazzola noted that one of the positions in Parks and Recreation is being filled on a temporary basis for the immediate future, and that at some future date he will review whether this position should remain permanent. He agreed to advise Council of the outcome of this review for information purposes. It was resolved: "That Council confirm the establishment of a Communications Division under the Chief Administrative Officer and that the following positions be transferred to the Communications Division: i) From Parks and Recreation: Marketing Assistant ii) From Parks and Recreation: Graphic Artist iii) From Business and Planning: Graphics & Publication Coordinator. And the establishment of the new positions of communications/marketing planner; and further, That Council reaffirms its intention that the creation of this new division is to be created on a revenue neutral basis." 6. Tenders Delt with under Delegations. 7. Offer to Sell - Peter Glaser, In Trust - Doon Valley Golf Course Expansion The Committee was in receipt this date of a memorandum from G. Anderson, Land Purchasing Officer, concerning an offer of sale relative to the proposed expansion of the Doon Valley Golf Course. It was resolved: "That the City accepts an offer from Peter Glasser, In Trust, dated February 24, 1999, to sell 18 acres of vacant land to the City for $120,000.00. The land is legally described as Part of Lots 9 and 10, Beasley's Old Survey in the City of Cambridge; and the transaction is conditional upon investigation during a 60 day period following acceptance to ensure that the land is not in adverse environmental condition; and further, That the Mayor and Clerk be authorized to execute all documentation required by the City Solicitor to complete this transaction."