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Home My WebLink AboutCouncil Minutes - 1999-03-29COUNCIL MINUTES MARCH 29, 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 A.R. Kaufman Public School Ensemble under the direction of Debbie Costa. Councillor C. Weylie thanked the Group for their rendition of the National Anthem this date. On motion by Councillor K. Taylor-Harrison, the minutes of the regular meeting held on March 1, 1999 and special meetings held on March 1 and 22, 1999, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (1) Financial Statements as of December 31, 1998; Minutes of the General Meeting of February 26, 1999 and 1999 Budget and supporting information from the Grand River Conservation Authority. Ms. Deborah Rothwell appeared as a delegation representing the Kor Arts Centre in support of the recommendation listed as clause #1 of the Community Services Committee report pertaining to financing of an addition on to 79 Joseph Street. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That clause #1 of the report of the Community Services Committee be adopted." 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 an additional tender was being added for consideration this date being tender T99-009, Victoria Street Sanitary and Storm Sewer. A question was raised as to an in-house approach or contracting out work respecting tender T 99-031 for Watermain Cleaning and tender T 99-035 for closed circuit T.V. inspection of gravity sewers. Following some discussion, it was agreed that staff would provide an information report at the next Public Works and Transportation Committee meeting. Moved by Councillor J. Ziegler Seconded by Councillor T. Galloway "That Tender T99-020 - Supply of Golf Carts, be awarded to Club Car Inc., Cambridge, at their optional tendered price for electric golf carts of $97,000., less $48,925. trade-in of twenty used golf carts, plus G.S.T. and P.S.T." -and- "That Tender T99-024, HP Laser Printers, be awarded to MITI Information Technology, Mississauga, Ontario at their tendered price of $62,642.38, plus G.S.T. and P.S.T." -and- "That Expression of Interest E98-106, Consultant Services for Roof Reinforcing at the Dom Cardillo Arena be awarded to the Walter Fedy Partnership at a fee of $7,450., plus G.S.T." -and- "That Expression of Interest E99-023, Prequalification of General Contractors - Fire Hall #2, be approved and that the following list of General Contractors be issued tender packages for the project: Reid & Deleye Contractors Ltd., Courtland Sierra Construction Ltd., Woodstock Grenwitch General Contracting Inc., Concord XDG Limited, Breslau MellouI-Blamey Construction Inc., Waterloo Nith Valley Construction Ltd., New Hamburg COUNCIL MINUTES MARCH 29, 1999 - 89 - CITY OF KITCHENER Devlan Construction Ltd., Guelph CRD Construction Ltd., Guelph" -and- "That Tender T99-035 - Closed Circuit TV Inspection of Gravity Sewers, be awarded to Uniflow Drain Services Inc., Hamilton at their tendered price of $251,450., including all applicable taxes." -and- "That Proposal P98-107, Small Construction Projects, be awarded to Canadian Home & Renovation Team, Kitchener, Pommer Construction, Listowel, Esvari Development & Associates Ltd., Kitchener, Appleseed Renovations, Kitchener and Excel Contracting, Waterloo." -and- "That Tender T99-031, Watermain Cleaning, be awarded to A-1 Hydrant Services, Scarborough Ontario, at their tendered price of $149,028.54, plus G.S.T." -and- "That Tender T99-009, Victoria Street Sanitary and Storm Sewer Outlets, be awarded to Kast Construction Limited, Brantford, Ontario at their adjusted tendered price of $2,144,603.78 including G.S.T." Carried· Mr. T. McKay was in attendance in support of clause #4 of the report of the Planning and Economic Development Committee arising from its regular meeting held March 22, 1999. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That clause #4 of the report of the Planning and Economic Development Committee (regular meeting - March 22, 1999) be adopted." Carried· Mr. Robert Woolner, Toronto, was in attendance in support of clause #1 of the Heritage Kitchener report. Councillor J. Haalboom commented on the benefit that would be achieved as a result of registration of a heritage conservation easement at 748 Zeller Drive and pointed out that the property owners had requested it. Council was in receipt of a March 23 memorandum from Mr. L. Bensason providing additional background with respect to this matter. Councillor Jake Smola stated that he had a concern that this proposed easement not predetermine the location of future Fairway Road extension. Mr. B. Stanley advised that staff included a legal opinion from D. Arnold in the staff report attached to Mr. Bensason's memorandum and the opinion is that the easement would not prejudice the issue. He stated that the easement would not preclude a road alignment that impacts that property and expropriation was still an option if required. Councillor T. Galloway commented that it was his view the easement would be a factor in determining an alignment that would be more sympathetic to the property. Moved by Councillor J. Haalboom Seconded by Councillor T. Galloway "That the report of Heritage Kitchener (L.A.C.A.C.) be adopted." Carried COUNCIL MINUTES MARCH 29, 1999 - 90 - CITY OF KITCHENER Mr. J. Hennebry, National Sign & Awning Group, appeared as a delegation in support of the Committee of Adjustment recommendation listed as item B. 14 of the Committee of the Whole agenda of this date in which it is recommended that approval of the submission be ratified and confirmed. Moved by Councillor B. Vrbanovic Seconded by Councillor T. Galloway "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of March 9, 1999, recommending approval of Submission No. S. 3/99 - Heffner Toyota Limited - Be Ratified & Confirmed." Carried. Prior to consideration of Submission No. S 3~99, Councillor J. Ziegler disclosed a pecuniary interest abstained from all discussion and voting with respect to this matter as he owns property on King Street East adjacent to the subject property. Ms. Linda Homeniuk, Homeniuk Rides Incorporated, appeared as a delegation in support of the recommendation listed in clause #8 of the Finance and Administration Committee report pertaining to operation of a midway at 245 Strasburg Road. Councillor J. Ziegler commented that the midway would operate under the same terms and conditions developed when it was last held. Moved by Councillor J. Ziegler Seconded by Councillor T. Galloway "That clause #8 of the report of the Finance and Administration Committee of this date be adopted .' Carried. Mr. Joe Wood, Vice President of Development, Terastar Realty Corporation, appeared as a delegation in support of the request outlined in his March 25 correspondence attached to the agenda. Permission is requested to allow temporary use for 4220 King Street East known as Sportsworld Speedway for the purpose of installing interactive games at Sportsworld. It was indicated that a zone change application has been submitted in this regard. Councillor J. Ziegler raised a question regarding venting of exhausts and Mr. Wood responded that special venting was being installed. Moved by Councillor J. Haalboom Seconded by Councillor T. Galloway "That the request of Mr. Joe Wood on behalf of Sportsworld Speedway, 4220 King Street East, for temporary occupancy, be approved, conditional upon the following: 'That enforcement of the City's Zoning By-law be waived with respect to the installation of interactive games at Sportsworld Speedway, 4220 King Street East and temporary occupancy be approved, subject to the proposed use vacating the location in the event the Zone Change Application is not approved in a form that will permit this use; and further, That, in the event of failure to vacate, the City's Municipal By-law Enforcement Officer be directed to commence notice of action to remove the illegal use and that any work done to the premises be at the sole risk and responsibility of the owner in the event losses are incurred as the result of final disposition of this application.'" Carried. Mr. Julian Ichim and two other members of the K-W Youth Collective, appeared as a delegation to object to portions of clause 2 of the Finance and Administration Committee report pertaining to Policy 1-314 dealing with the authority of the City's Security Officers. Mr. Ichim commented that it was their view that some parts of the proposed policy were unconstitutional and a submission from the Youth Collective was distributed to Council which was reviewed point-by-point by the delegation. It was COUNCIL MINUTES MARCH 29, 1999 - 91 - CITY OF KITCHENER suggested that further consultation with the public should take place on the matter of a ban and a subsequent appeal process. It was also suggested that reference to alleged repeat offenders should be changed to convicted repeat offenders or people convicted of criminal offences. A member of the delegation then commented on Schedule "A" prohibited activities relating to the policy and suggested a number of changes as outlined in the submission. In summation, the delegation requested that the City delay consideration and approval of this policy until a full and genuine consultation process had taken place with the Youth Collective. Councillor M. Yantzi posed several questions to which the delegation responded. Councillor Yantzi maintained that a process of consultation had taken place given that the Collective members had appeared before City Council on three occasions. Councillor Yantzi pointed out that there was a need to put a policy in place at this time; however, the delegation maintained that while they had spoken on issues, they had not really had an opportunity for input into proposed Policy. Councillor K. Taylor-Harrison advised that she had attended a forum held last week along with members of MCCOY in which the security issue was addressed. Mr. Ichim expressed the view that MCCOY was not a representative Youth forum. Councillor Taylor-Harrison pointed out that the MCCOY meeting was very well publicized and that those individuals who attended the meeting had an interest in the subject. Councillor B. Vrbanovic pointed out to the delegation that they constantly referred to their rights but never mentioned responsibility to the whole community and to other youths. The delegation maintained that they do act responsibly and commented that intertwining the issue of rights and responsibilities did not allow for rights to be negated. Mayor C. Zehr asked that the delegation not equate something that the Council does not do as not listening to them. He pointed out that the process on the security issue has been open and that there had been much discussion and adequate notice given via newspaper articles. He did point out that the request by the delegation for development of a 24-hour Youth Drop In Centre was just not feasible. Councillor K. Taylor-Harrison referred to the undertaking by the Kitchener Mennonite Brethren Youth Group to hand out free chili and referred to the co-operation that has been received from that group. She then questioned if the Youth Collective members had received proper authorization from health authorities with respect to their food distribution activities. The delegation indicated that the initiative was undertaken in collaboration with another group and commented that in their view food was a right of all individuals and that they did not have the time to wait for approval from authorities to provide this service. Lastly, the delegation questioned why so many police were harassing him. Ms. Meagan Campbell and Mr. Tim Dickson appeared as a delegation as Co-Chairs of MCCOY to present a submission on Policy 1-314 that was distributed this date. The delegation confirmed that MCCOY meetings were advertised and then presented the comments outlined in their submission respecting the discussions around Policy 1-314 (City Security Officers). It was emphasized that what was being presented were recommendations regarding a report put forward by youths that were present at the meeting, but were not necessarily upheld by the majority of those attending the meeting. In response to Councillor J. Haalboom the delegation advised that youth request a definition of profanity so that it is known and understood what is appropriate. Councillor J. Ziegler questioned paragraph 2 of the recommendation and Mr. J. Shivas advised that no answer has been received from the Province on the legal authority issue, but that he had spoken to officials in the solicitor-general's office. He then advised that Provincial staff had told him it would take two weeks to prepare the necessary documentation for execution by the Minister, but it was unknown when the Minister would take action in this matter. Following consideration of the comments expressed by the delegations this date, Councillor J. Ziegler suggested Council should be reviewing the effectiveness of Policy 1-314 after six months. Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That clause #2 of the report of the Finance and Administration Committee of this date be adopted ." COUNCIL MINUTES MARCH 29, 1999 - 92 - CITY OF KITCHENER Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That clause #2 of the report of the Finance and Administration Committee be amended to include an additional recommendation as follows: 'That Mr. R.W. Pritchard prepare a report for submission to the Finance and Administration Committee reviewing the experience of Policy 1-314 over a six month period commencing after the date that necessary legal authority is granted by the Province'." Councillor M. Yantzi stated that he did not agree with requests that had been presented by the delegations but favoured review of the new policy after six months experience as the new policy represented an improvement over previous procedures. Councillor B. Vrbanovic stated that he welcomed the new policy and that he had not heard any concerns relative to it from the community. The motion of Councillor J. Ziegler to amend clause #2 of the Finance and Administration Committee report was then put to a vote and Carried. Clause #2 of the Finance and Administration Committee report, as amended, was then put to a vote and Carried. Mr. Richard Hamm appeared as a delegation in regard to clause #1 of the Finance and Administration Committee report dealing with the operation of a hot dog cart and platform at the corner of Strasburg Road and Shoemaker Street. Council was in receipt of correspondence dated March 25 from L. MacDonald pertaining to the Committee's recommendation and requesting that it be amended by deleting the last sentence and inserting alternative wording. 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 ." Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That clause #1 of the report of the Finance and Administration Committee be amended by deleting the last sentence which reads 'that the location of Strasburg Road and Shoemaker Street be removed from the Street Vendors By-law' and inserting the following in its place: 'It be acknowledged in the 1999 Street Vendors By-law that the licence for the Strasburg Road and Shoemaker Street location will be issued in accordance with a separate licensing agreement'." Carried. Clause #1 of the Finance and Administration Committee report, as amended, was then put to a vote and Carried. A number of delegations were registered to speak on the recommendations arising from the special meeting of the Planning and Economic Development Committee held March 22, 1999 at which a demolition control application submitted by the Mutual Group and a lane closure application respecting Mutual Drive and Vogt Place were considered. Mr. P. Britton, MacNaughton Hermsen Britton Clarkson appeared as a delegation representing the Mutual Group with respect to the three recommendations contained in the report of the Planning and Economic Development Committee arising from its special meeting held March 22, 1999. Mr. Britton identified a number of individuals who were attending with him on behalf of the Mutual Group. He pointed out that the Council meeting this date was technically the public meeting in respect to the proposed closing of Mutual Drive and Vogt Place. In this regard, he noted that the two roads did not serve any municipal purpose, were not essential, represented ongoing maintenance and expense for the municipality and that Mutual owned all of the lands on both sides of the two roads. Accordingly, he asked that Council give three readings to each of the two by-laws this date. COUNCIL MINUTES MARCH 29, 1999 - 93 - CITY OF KITCHENER Mr. Britton then referred to the issue of demolition of structures. Initial applications called for demolition of 26 structures; however, under the compromise plan that was presented following liaison meetings, six dwellings on Park Street and two dwellings on Mount Hope Street were to be preserved. He noted that the recommendation from the March 22 special Planning and Economic Development Committee meeting was that nine structures on Park Street and three structures on Mount Hope Street be preserved. Mr. Britton pointed out that at the special meeting he had expressed a concern that retaining an additional four structures in excess of the eight contained in the compromise plan would have a negative impact on parking availability in regards to both the proposed Mutual parking lot and uses with respect to the structures that would be retained. At the special meeting he had requested the opportunity to speak to this concern following evaluation of the recommendation to retain twelve structures. He advised that since the special meeting an intensive review of the recommendation had been undertaken. In this regard, three alternative schemes involving the retention of 12 structures were displayed on the overhead, the first alternative would provide for 18 parking spaces or approximately 1.5 spaces per house, the second alternative would provide for 25 spaces or 2.1 spaces per house and the third alternative would provide for 27 spaces or 2.3 per house. Mr. Britton stated that after having reviewed the options respecting the retention of 12 homes, it was clear to him that the viability of the community resource proposal was threatened by the retention of additional homes and the necessity to provide sufficient parking. He advised that a fourth alternative had just been developed this date that would allow for 10 homes to be retained that would provide 38 parking spaces on site or approximately 3.8 spaces per home which was the same ratio as that contained in the compromise proposal presented at the March 22 meeting. Members of Council raised various questions dealing with parking requirements respecting the site plans illustrated as to functionality, possible variance to the zoning by-law and actual parking space requirements. Mr. Britton noted that the 10 house proposal provides for 38 parking spaces rather than the required 54 spaces. He indicated that under the 10 house proposal, the Mutual Group has committed to 8 of the homes being occupied for office use by charitable groups and two being designated for either charitable or other uses permitted by the by-law that Mutual could utilize within a range of uses. Mr. Britton commented that the Mutual Group always had the right to utilize the homes for its own purposes but considered it had a moral commitment relating to 8 of the homes under the compromise plan that was put forward. The company wishes to keep its options open in regard to the additional two homes. It was noted that under the Committee recommendation there was a process to decommission use of the retained homes. Ms. Judy Chopra appeared as a delegation on behalf of the Mutual Group and confirmed that the Company desires to maintain quality and standards in respect to tenants use of the property. She confirmed that the Company was committed to use of the 8 homes by charitable groups and that there was a need to pilot this undertaking before considering an expansion of this proposal. In response to a question raised, Ms. Chopra advised that the Mutual Group has been working with Habitat for Humanity relative to the issue of recycling material from the homes to be demolished. Further, she stated that Mutual was in agreement to having all of the houses recorded by Heritage officials. Ms. Marcia Ruby appeared as a delegation on behalf of the K-W Core Neighbourhood to request that Council carefully weigh civic needs with corporate needs as to the request by Mutual for demolition approvals. She referred to discussion that took place at the March 22 meeting and stated that it was evident Mutual's purpose was the consolidation of lands and the removal of any encumbrances rather than to simply fulfill a parking need. Ms. Ruby requested that in the absence of a comprehensive redevelopment plan, Council should not grant approval of demolition or road closures. She asked that demolition approval be tied to a redevelopment plan. Also she noted that the decisions at the special meeting were made in haste as a result of revised proposals and that there had been little time for real thought and evaluation in that regard. Accordingly, she again asked that Council not permit the demolitions in the absence of a comprehensive redevelopment plan. Mr. Dave Croveito, Grasso Contractor, appeared as a delegation in regard to the demolition applications. He advised that rather than demolish the homes, his firm could move them to another site and actually save the houses for future residential use. Ms. Trudy Beaulne appeared as a delegation in support of her submission dated March 29 which she distributed this date. Ms. Beaulne commented with regard to the process as it relates to opportunity for public input on further changes to the proposal that the applicant might submit. She also spoke to COUNCIL MINUTES MARCH 29, 1999 - 94 - CITY OF KITCHENER the issue of the purpose of the application as being really to consolidate land holdings rather than to seek additional parking for Mutual employees and asked that it not be considered until an acceptable comprehensive redevelopment plan was available. Finally, she suggested that if City Council was to approve the Mutual Group applications to expand the parking lot and consolidate lands, that proceeds from the sale of the road rights of way be put back into the neighbourhood to develop local resources to deal with many issues such as social isolation and safety. It was suggested that one possible use of these funds would be for the City to rent one of the houses to be retained and sponsor a neighbourhood improvement project from this location. Mayor C. Zehr indicated that a question had been raised regarding the retained homes and he clarified that it would be the Mutual Group's expense to renovate the houses and not an expense of the charitable group that would occupy each of them. Further, he pointed out that in future the site plan development process itself was not subject to a public process but that future demolition applications would be. Mr. Stephen Carr appeared as a delegation representing the K-W Core Neighbourhoods in support of a submission dated March 29 distributed to Council this date. He commented that the process to review the Mutual proposals had done little to address neighbourhood concerns relating to safety, environment and overall health of the neighbourhood. He commented on the Mutual Group's conduct in this matter as to portraying the demolition proposals as related to parking needs whereas it would appear this was secondary to unencumbered consolidation of the subject properties. Mr. Carr pointed out that the neighbourhood objected to Mutual's premature removal of tenants and the boarding up of the houses and suggested that this was a pressure tactic to promote demolitions that had an unnecessary negative impact on the neighbourhood. He requested that Council institute measures to protect neighbourhoods and prevent such action in future. He also pointed out that the eleventh hour bargaining session that took place at the March 22 special meeting left no room for public input and their organization was reduced to by-standard status. Further, he stated that their group did not have sufficient time to study the effects of the decision made last week but it was their view the decision did not satisfy the intent of the secondary plan. In his submission, it was requested that Council endorse a statement relative to the K-W Hospital Secondary Plan that would provide an understanding that comprehensive redevelopment of the lands specifically excludes additional at grade parking as acceptable redevelopment. Accordingly, he suggested that clause 3 of the Committee report should be modified to provide for exclusion of an at grade parking lot. In conclusion, Mr. Carr asked that Council take the necessary time to make a good decision in respect to this matter. Mr. B. Stanley commented on the request relative to excluding an at grade parking lot and stated that with such an approach a pre-judgement as to the form of future development was being made. However, he did sympathize with the issue the delegation was raising. Ms. Jennifer Cornish, an area resident appeared as a delegation regarding the Mutual applications and commented that over the past six months many issues had been raised at meetings but that not many were answered. She commented that increased parking was not really the issue and questioned why there had not been a full discussion of the application contradictions to the Secondary Plan. She also suggested that it would not be desirable to set a precedent indicating that such parking is acceptable. Finally, she questioned why there was such pressure for a quick decision by Council and asked that Council deny the demolition applications and refuse the road closures until answers to outstanding questions were obtained. Mr. Terry Good appeared as a delegation regarding the Mutual Group issue and commented that no one had talked about the approximate 150 trees that would be lost in the area as a result of the demolitions and lane closure applications. He stated that as an area property owner, he did not want to see acres of asphalt replace trees and asked that a tree replacement requirement be instituted. In summary, he stated that to clear-cut trees from this section of the neighbourhood was irresponsible and asked that every effort be made to preserve these trees. Mr. Heinz Karrenbrock appeared as a delegation regarding the Mutual issue and referred to the parking spaces outlined in the site plan suggesting they were inadequate in size. Mr. Don Snow confirmed that there was some deficiencies in design and not all were to design standards. This reflected the fact that there was an attempt to minimize the spaces and maximize use of the lands. COUNCIL MINUTES MARCH 29, 1999 - 95 - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor John Smola "That the report of the Planning and Economic Development Committee of this date be adopted (special meeting of March 22, 1999)." An amendment to clause #1 of the report was moved by Councillor C. Weylie, seconded by Councillor John Smola, to include two additional properties being 536 Park Street and 552 Park Street in the list of structures to be demolished. Councillor M. Yantzi indicated that he would not support the amendment on the basis that there were other uses that could be made of the property that did not require parking. Councillor J. Ziegler stated that he would support the amendment and indicated that he had raised concern respecting the additional parking requirements that would be required with the homes to be retained. Councillor G. Lorentz requested that representatives of the Mutual Group comment on landscaping plans for the parking lot. Mr. P. Britton advised that they had tried to compress the parking design to increase parking in order to increase landscaping along the perimeter of the property and thereby enhance landscaping on all frontages. In particular he referred to the intersection of King Street and Union Blvd. and detailed landscaping plans at that location as an entrance point to the City of Kitchener. Councillor B. Vrbanovic acknowledged the safety concerns around the perimeter of the property and asked that plans respecting landscaping and lighting address these safety concerns. Mr. Britton confirmed they were being addressed and that the issue of safety was a matter of concern for Mutual both for its employees and area residents. The amendment to clause #1 of the report was then put to a recorded vote. In Favour: Mayor C. Zehr and Councillors C. Weylie, John Smola, Jake Smola, T. Galloway, G. Lorentz, B. Vrbanovic and J. Ziegler. Contra: Councillors M. Yantzi, K. Taylor- Harrison and J. Haalboom. Motion Carried. A motion was moved by Councillor T. Galloway, seconded by Councillor J. Ziegler, to amend clause #3 of the report by deleting reference to 528 to 556 Park Street and inserting in its place 528 to 532, 538 to 548 and 556 Park Street, and in the last sentence of clause #3 to include the words 'as High Density Commercial and/or Residential' after the words 'entire block'. In response to discussion, Mr. P. Britton advised that he would have a concern if the amendment required reference to mixed use development. Councillor T. Galloway commented that the wording that he was looking for represented what the Secondary Plan calls for. Mr. B. Stanley indicated that the designation would allow 100% commercial, 100% residential or mixed uses. The amendment to clause #3 of the report was then put to a recorded vote. In Favour: Mayor C. Zehr and Councillors C. Weylie, John Smola, Jake Smola, T. Galloway, G. Lorentz, B. Vrbanovic and J. Ziegler. Contra: Councillors M. Yantzi, K. Taylor- Harrison and J. Haalboom. Motion Carried. The Planning and Economic Development Committee report, as amended in respect to clauses 1 & 3, and clause 2 as recommended, was then put to a recorded vote. In Favour: Mayor C. Zehr and Councillors C. Weylie, John Smola, Jake Smola, T. Galloway, G. Lorentz, B. Vrbanovic and J. Ziegler. COUNCIL MINUTES MARCH 29, 1999 - 96 - CITY OF KITCHENER Contra: Councillors M. Yantzi, K. Taylor- Harrison and J. Haalboom. Motion Carried. In view of the number of delegations that were in attendance with respect to the Mutual issue, it was suggested that the two road closing by-laws be addressed at this time. Moved by Councillor J. Ziegler Seconded by Councillor John Smola "That the by-laws to close and sell Vogt Place and Mutual Drive be added to the agenda and given three readings this date." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors C. Weylie, John Smola, Jake Smola, T. Galloway, G. Lorentz, B. Vrbanovic and J. Ziegler. Contra: Councillors M. Yantzi, K. Taylor- Harrison and J. Haalboom. Motion Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee of this date be adopted (regular meeting of March 22, 1999)." Voted on clause by clause. Clause 1 - Carried. Clause 4 - Dealt with under Delegations and Carried. Balance of report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee 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 Jake Smola Seconded by Councillor J. Haalboom "That the report of the Environmental Committee of this date be adopted." Councillor Jake Smola noted that clause #3 of the report referred to the Waterloo Region Clean Air Plan and he distributed a copy of the short and long term strategies that have been developed in regards to the plan. He then acknowledged the work of several individuals in developing the plan to this stage. Councillor C. Weylie requested that upon approval clause #1 be sent to Regional Engineering staff immediately. COUNCIL MINUTES MARCH 29, 1999 - 97 - CITY OF KITCHENER Councillor J. Haalboom referred to clause #5 of the report and noted that the 'Great Tree Hunt' event was a way of promoting trees in place of a tree cutting by-law. The report was then put to a vote and 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." Voted on clause by clause. Clauses 1 & 2 - dealt with under Delegations and Carried, as amended. Clause 4 - a recorded vote was requested. In Favour: Mayor C. Zehr and Councillors C. Weylie, John Smola, Jake Smola, T. Galloway, G. Lorentz, M. Yantzi, K. Taylor-Harrison, B. Vrbanovic and J. Ziegler. Contra: Councillor J. Haalboom. Motion Carried. Clause 8 - dealt with under Delegations and Carried. Balance of report - Carried Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That report of the Public Works and Transportation Committee of this date be adopted." On motion by Councillor J. Smola, seconded by Councillor T. Galloway, it was agreed to amend clause #1 of the report so as to include two additional Storm Water Management Policy recommendations that were listed as item B. 16 of the Committee of the Whole agenda of this date. Clause #2 of the report pertaining to a 'Community Safety Zone' program was the subject of some discussion. On motion by Councillor G. Lorentz, seconded by Councillor T. Galloway, it was agreed to amend clause #2 by deleting reference to Fischer-Hallman Road and inserting Westheights Drive in its place so that the extent of the safety zone on Queen's Blvd. would be between Highland Road and Westheights Drive. Further discussion followed in respect to signage issues pertaining to the zone and whether or not it was possible to incorporate the cost of fines on the signage. Mr. D. Snow indicated that he would review the legislation. Councillor T. Galloway stated it was his view that the community safety zone program was a good one but that it was only as good as the level of enforcement applied to it. Further comments were made regarding fines and the ability of Police services to handle the program and after additional discussion, Councillor J. Ziegler requested a staff report be prepared. The Public Works and Transportation Committee report was then put to a vote. Voted on clause by clause. Clauses 1 & 2 - Carried, as amended. Balance of report - Carried. Mayor C. Zehr advised that at the March 22 Finance and Administration Committee meeting he had undertaken to prepare a resolution concerning municipal service rationalization. In this regard, he indicated that he had sent Council members a proposed resolution. COUNCIL MINUTES MARCH 29, 1999 - 98 - CITY OF KITCHENER Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic "That the Council of the Regional Municipality of Waterloo be advised that Kitchener City Council requests that criteria be established for any discussions on service rationalization/regionalization; and further, That the criteria include that any rationalization/regionalization of services only be considered if it will result in a net benefit to all taxpayers in terms of levels of service and/or cost savings; and further, That core values and quality of life be taken into consideration in all discussions and decisions involving possible rationalization/regionalization of services." Carried. Councillor B. Vrbanovic commented that several days ago he was informed that the Province had been considering but rejected a fast track approach that would have provided for the Ottawa Street bridge to be taken down over one week-end and thereby reduce the length of the bridge closure to seven months rather than 12 months. Mr. D. Snow clarified that in February the Province's consultant had made a proposal to expedite the work that would have allowed the bridge to re-open by November 1999 but that the Ministry had rejected it. The basis of the rejection was that the Ministry could not justify a $300,000 incentive as well as some other related issues. He noted that staff have attempted to get this option back on the agenda for consideration with the Ministry but in the mean- time have already undertaken transit re-scheduling plans commencing in July. Councillor Vrbanovic suggested that Mayor C. Zehr convene a meeting respecting this issue. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Yantzi "That Mayor C. Zehr be requested to convene a meeting with Gary Leadston M.P.P., Wayne Wettlaufer M.P.P., Ministry of Transportation staff, Kitchener and Regional Traffic staff and any interested Kitchener Councillors to discuss an alternative proposal for demolition of the bridge structure on Ottawa Street North spanning the Conestoga Parkway. The alternative proposal would involve total closure of the Parkway to all traffic over a weekend and provide immediate demolition of the structure in place of a phased demolition, so as to reduce the bridge demolition / reconstruction project from approximately 12 months to 7 months and significantly lessen the negative impact of the bridge closure on area residents and Parkway traffic." Carried. Councillor J. Haalboom advised that she had sent correspondence to Council on March 27 advising that she would bring forward a proposal to purchase the log cabin at 146 Pioneer Tower Road and would be requesting Council waive Notice of Motion in respect to this issue. Moved by Councillor J. Haalboom Seconded by Councillor C. Weylie "That Notice of Motion be waived so as to allow for consideration of a request by Councillor J. Haalboom in which it is proposed that the City purchase the log cabin at 146 Pioneer Tower Road for approximately $20,000." Carried with required two-thirds majority vote of the whole Council. Councillor J. Haalboom then presented the proposal which were described in detail in correspondence dated March 29, 1999 from L. Bensason and further correspondence from Kieswetter Demolition. Councillor Haalboom suggested that there are a number of organizations that could be approached to assist in financing of this undertaking to preserve the log cabin and pointed out that the $20,000 purchase price included layout drawings, video documents, cleaning and moving from Kieswetters property to a new site. She suggested that the cost of reconstruction would be approximately $37,000. COUNCIL MINUTES MARCH 29, 1999 - 99 - CITY OF KITCHENER Council entered into a lengthy discussion of Councillor Haalboom's request and it was the general view that many answers were required to questions concerning the proposal and that these should be addressed through the Committee structure. These would involve such issues as future uses, future location, financial support from outside organizations and assessment of the condition of the logs. Councillor J. Haalboom advised that she had been in contact with Parks Canada and indicated that they were open to considering participating in the proposal. Moved by Councillor J. Haalboom Seconded by Councillor C. Weylie "That we offer to purchase the log cabin formerly situate at 146 Pioneer Tower Road at a price of $20,000 from Kieswetter Demolitions." Moved by Councillor B. Vrbanovic Seconded by Councillor T. Galloway "That we defer consideration of Councillor J. Haalboom's motion to purchase the log cabin at 146 Pioneer Tower Road and refer it to the April 12 Finance and Administration Committee meeting and April 12 special Council meeting to allow staff to investigate the purchase proposal as to need, uses, condition of the building components, costing and possible financial support from Parks Canada or any other organization." Carried Moved by Councillor C. Weylie Seconded by Councillor G. Lorentz "That an in-camera meeting of City Council be held to consider a matter subject to solicitor-client privilege." Carried At this point Mayor C. Zehr recessed the Council meeting which subsequently reconvened after conclusion of the in-camera meeting with all members present except Councillor J. Ziegler. Business & Planning Services Staff Report BPS 99/50 dated March 25, 1999 prepared as an addendum to BPS 99/31 was distributed to Council with their agenda material. The report deals with sites 113 & 114 in the Huron Business Park, as well as Site 115. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "a) That Council further extend the deadline, from July 1, 1999 to May 1, 2000, respecting the requirement to complete building construction for Sites 113 and 114 in the Huron Business Park, owned by Leenan Development Limited. b) That as related to the covenants regarding the minimum building size of 15,000 square feet for each of Sites 113, 114 and 115, Council acknowledge and agrees that a minimum 45,000 square feet of total building area on the consolidated, merged lands containing all three said sites, shall be deemed to satisfy such building covenants. c) In the event that Leenan Development Limited has failed to commence and complete construction as set out in 2 b) above, by May 1,2000, the City will repurchase the lands at 80% of the purchase price as prescribed in the original agreement of purchase and sale." Carried. Prior to consideration of the by-laws, it was noted that two additional by-laws were added to the agenda for three readings this date dealing with the closing and sale of Vogt Place and Mutual Drive. Moved by Councillor K. Taylor-Harrison Seconded by Councillor B. Vrbanovic "That leave be given the Mover and Seconder to introduce the following by-laws, namely: COUNCIL MINUTES MARCH 29, 1999 - 100 - CITY OF KITCHENER 8. (Cont'd) (a) Being a by-law to licence Street Vendors in Victoria Park and at specific street intersections, expiring December 31, 1999 (b) Being a by-law to authorize the carrying out of the provisions of Chapter 650 of the City of Kitchener Municipal Code with respect to the property municipally known as 50 Peltz Avenue, Kitchener (C) Being a by-law to provide for the establishing and laying out of parts of Dreger Avenue as a public highway in the City of Kitchener (d) Being a by-law to change the name of a certain street in the City of Kitchener (e) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Tim McKay - Victoria Street South - No. 98/14N/GR (f) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Habitat for Humanity Waterloo Region - Sydney Street South N o. 99/2/S/P B (g) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (h) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (i) 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 (j) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities (k) Being a by-law to 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 By-law 98-191 respecting the establishment of retention periods and disposition methods for records of the municipality (n) Being a by-law to amend By-law 85-1 known as the Zoning By-law - No. 98/16/T/ZJ (o) To confirm all actions and proceedings of the Council (p) Being a by-law to close and sell part of the public highway known as Vogt Place in the City of Kitchener (q) Being a by-law to close and sell the public highway known as Mutual Drive in the City of Kitchener 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 K. Taylor-Harrison as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. COUNCIL MINUTES MARCH 29, 1999 - 101 - CITY OF KITCHENER Moved by Councillor K. Taylor-Harrison 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." Carried. Based on concerns relating to hot dog carts and their hours of operation set out in the Street Vendors By-law that were expressed during discussion in Committee of the Whole this date relative to item B.11 dealing with various encroachment requests, Council directed that the Street Vendors By-law be removed from the agenda for third reading this date and that it be referred to the April 12 Special Council meeting for consideration of third reading. 10. Moved by Councillor K. Taylor-Harrison Seconded by Councillor B. Vrbanovic "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 650 of the City of Kitchener Municipal Code with respect to the property municipally known as 50 Peltz Avenue, Kitchener (By-law No. 99-43) (b) Being a by-law to provide for the establishing and laying out of parts of Dreger Avenue as a public highway in the City of Kitchener (By-law No. 99-44) (c) Being a by-law to change the name of a certain street in the City of Kitchener (By-law No. 99-45) (d) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Tim McKay - Victoria Street South - No. 98/14N/GR (By-law No. 99-46) (e) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Habitat for Humanity Waterloo Region - Sydney Street South N o. 99/2/S/P B (By-law No. 99-47) (f) 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. 99-48) (g) 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. 99-49) (h) 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. 99-50) MARCH 29, 1999 COUNCIL MINUTES - 102 - CITY OF KITCHENER 10. (Cont'd) (i) To further amend By-law No. 88-'169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities (By-law No. 99-5'1 ) (j) Being a by-law to amend By-law No. 94-'10'1, 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. 99-52) (k) To further amend By-law No. 94-'10'1, 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. 99-53) (I) Being a by-law to amend By-law 98-'19'1 respecting the establishment of retention periods and disposition methods for records of the municipality (By-law No. 99-54) (m) Being a by-law to amend By-law 85-'1 known as the Zoning By-law - No. 98/'16/T/ZJ (By-law No. 99-55) (n) (o) (p) To confirm all actions and proceedings of the Council (By-law No. 99-56) Being a by-law to close and sell part of the public highway known as Vogt Place in the City of Kitchener (By-law No. 99-57) Being a by-law to close and sell the public highway known as Mutual Drive in the City of Kitchener (By-law No. 99-58) aassed and numbered serially by the Clerk." be taken as read a third time, be finally Carried. On motion the meeting adjourned. MAYOR CLERK COUNCIL MINUTES MARCH 29, 1999 - 103 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (Regular Meeting - March 22, 1999) That the City accept an Offer to Purchase, dated February 3, 1999 from Leenan Development Limited with respect to lands composing Part 4 on Reference Plan 58R-5840, or otherwise known as site 109 in the Huron Business Park. Based on 1.16 acres at $75,000 per acre, the total purchase price of the lands is $87,000. That the Mayor and Clerk are hereby authorized to execute any other necessary documentation required by the City Solicitor. That Zone Change Application ZC 99/2/S/PB (Habitat for Humanity, Waterloo Region) requesting the addition of a special use provision 266U, to the Commercial Residential Two Zone (CR-2) according to By-law 85-1, on lands legally described as Part Lots 77 to 80 inclusive, Part of Ida Street, Registered Plan 262, more particularly shown as Parts 1 and 2 of Reference Plan 58R-10113, be approved, in the form shown in the attached Proposed By-law dated February 10 1999, including MAP No. 1 dated revised March 8, 1999, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. That staff report BPS 98/134 - Subdivision Application 30T-98203 (Hallman-Rosedale Ltd.) and a motion to revise the application as follows: Block 1 Block 2 Block 2 maximum 6 units maximum 4 units maximum 9 units (3 semi-detached) (2 semi-detached) ( single detached ) be deferred and referred to the April 12, 1999 Planning and Economic Development Committee meeting for further consideration. That Zone Change Application ZC 98114NIGR (Tim MacKay), as amended, requesting a change in zoning from Residential Four Zone (R-4) to Residential Four Zone (R-4) with special use regulation 263U, according to By-law 85-1, on Lot 34, Registered Plan 645, be approved in the form shown in the attached Proposed By-law dated January 27, 1999, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. (Dealt with under Delegations and Carried.) That Lane Closure Application LA 98/2/P/RM as revised March 22, 1999, be approved in principle, and that the Legal Department and the Corporate Services and City Clerk Department be instructed to proceed with the ordering of a reference plan, preparation of a By- law and necessary advertising in the local newspaper for the closing of an approximate 508 square metre unnamed lane leading east from Wellington Street North running parallel to Patrick Street, as shown generally on the map to be revised attached to staff report BPS 99/29. The lane closure is subject to the following conditions: 1) That a reference plan be completed and deposited prior to the passing of the lane closure By-law. 2) That the purchasers pay fair market value as determined by the City's Land Purchasing Officer, for that part of the lane to be closed. 3) That the purchasers be responsible for all the costs related to survey, legal, registration and advertising associated with the closure of the lane. MARCH 29, 1999 COUNCIL MINUTES - 104 - REPORTS ADOPTED BY COUNCIL CITY OF KITCHENER 5. Cont'd It is the opinion of this Committee that approval of this application is proper planning for the City. That Zone Change Application ZC 98/16/T/ZJ (Winston Hall Nursing Homes Limited/City Wide) requesting a revision to General Regulation 5.21 of Zoning By-law 85-1, be approved, in the form shown in the attached 'Proposed By-law' dated February 17, 1999, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. That the following individuals be appointed to the Kitchener Downtown Advisory Committee for a term to expire November 30, 1999: Canon Nell Carver Mr. Regis Coladipietro Mr. S. Howard Rotberg Mr. Mike Peng That Mr. Dennis Schnarr be appointed to the Safe City Committee for a term to expire November 30, 1999. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE (Special Meeting - March 22, 1999) That the original Demolition Control Application DC 98/9/KPMU/RM (Mutual Group) requesting the demolition of all 25 residential structures, owned by the Mutual Group, and contained within the block bounded by King Street, Union Boulevard, Park Street and Mt. Hope Street be approved in part, only for the demolition of the following structures: 536 552 558 969 973 243 10 14 16 33 37 14 16 20 26 Park Street, legally described as Pt. Lot 248, Registered Plan 385 Park Street, legally described as Pt. Lot 250, Registered Plan 385 Park Street, legally described as Pt. Lot 251, Registered Plan 385; King Street West, legally described as Pt. Lot 108, Registered Plan 385; King Street West, legally described as Pt. Lot 107, Registered Plan 385; King Street South, legally described as Pt. Lot 105, Registered Plan 385; Mutual Drive, legally described as Pt. Lot 114, Registered Plan 385; Mutual Drive, legally described as Pt. Lot 115, Registered Plan 385; Mutual Drive, legally described as Pt. Lot 115, Registered Plan 385; Union Boulevard, legally described as Lot 250 and Pt. Lots 251,234 & 235, Registered Plan 385; Union Boulevard, legally described as Pt. Lots 250 &251, Registered Plan 385; Mt. Hope Street, legally described as Pt. Lots 113 & 114, Registered Plan 385; Mt. Hope Street, legally described as Pt. Lots 113 & 114, Registered Plan 385; Mt. Hope Street, legally described as Pt. Lots 113 & 114, Registered Plan 385; Mt. Hope Street, legally described as Pt. Lot 242, Registered Plan 385. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (Regular Meeting - March 22, 1999) (CONT'D) COUNCIL MINUTES MARCH 29, 1999 - 105 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE (Special Meeting - March 22, 1999) (Cont'd) 1. (Cont'd) It is the opinion of this Committee that approval of this amended application is proper planning for the City. (Dealt with under Delegations and Carried, as amended) a) That Lane Closure Application LA 98/4/M/RM be approved in principle, subject to final approval of Demolition Control Application DC 98/9/KPMU/RM as it relates to the residential structures on Mutual Drive and Vogt Place. b) That the closing of Mutual Drive and Vogt Place in the City of Kitchener, as shown generally on Map A attached to staff reports BPS 99/30 and 99/43, is subject to the following conditions: That a reference plan be completed to the satisfaction of the City Solicitor and deposited prior to the passing of the road closure by-law. That the applicant makes suitable arrangements with Kitchener Wilmot Hydro for the removal and/or relocation of all distribution and street lighting facilities from the public rights of way proposed to be closed. That the applicant makes suitable arrangements with Bell Canada for the removal and/or relocation of all Bell facilities from the public rights of way proposed to be closed. That an easement be granted in favour of the City of Kitchener for the existing facilities located within the public rights of way proposed to be closed, and that the purchaser be responsible for all costs related to the granting of said easement. That the purchaser pay fair market value, as determined by the City's Land Purchasing Officer, for the lands to be conveyed and the roads to be closed. That the purchaser be responsible for all costs related to survey, legal, registration and advertising associated with the closure of the roads. That the purchaser enter into a Section 41 Development Agreement pursuant to the Planning Act, for the proposed redevelopment of the lands as a commercial parking lot. It is the opinion of this Committee that approval of this application is proper planning for the City. (Dealt with under Delegations and Carried) That any applications for Demolition Control for 528 to 532, 538 to 548 and 556 Park Street (inclusive) and 38, 42 and 46 Mt. Hope Street be considered premature and not be accepted for processing by the City until such time as a site plan has been approved for the comprehensive redevelopment of the lands in accordance with the ultimate uses set out in the K-W Hospital Secondary Plan, for all lands owned by Mutual Group in the block bounded by King Street, Park Street, Union Blvd., and Mt. Hope Street. The comprehensive redevelopment of the lands refers to the development of the entire block as High Density Commercial and/or Residential, but it is acknowledged that redevelopment may occur incrementally in phases and that demolition may be permitted with phasing of development. (Dealt with under Delegations and Carried, as amended) COUNCIL MINUTES MARCH 29, 1999 - 106 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - That we approve, in principal, funding of up to $80,000.00 to build an addition onto 79 Joseph Street, for the Kor Art Centres with this funding to be off-set by any donations received from other sources, and further That staff can prepare an overall plan, including a financial plan, for the expansion of the Kor Art Centre. (Dealt with under Delegations and Carried.) That we approve the request of the Golden Triangle Rose & Garden Society for an in-kind facility rental grant, in the amount of $400.00 towards the cost of their use of the Breithaupt Centre on June 25 & 26, 1999, for their Rose Show. That we approve an in-kind facility rental grant for the Waterloo-Wellington Canoe Club, in the amount of $250.00 towards the cost of the rental of the City Hall Rotunda on April 7, 1999, for a fund raising event. That we endorsed the recommendation of the competition jury and the Public Art Committee to install the winning entry from the Fire Hall Head Quarters Public Art Competition titled "The Floating Window" by local artists Andrew Wright and Lois Scott, and further That the Mayor and Clerk be authorized to sign an agreement with Andrew Wright and Lois Scott, creators of "The Floating Window", satisfactory to the City Solicitor and the Parks and Recreation Department, outlining the details of the commission, conditions of delivery and acceptance of installation. That the portion of Filsinger Park abutting Victoria Street at Hazelglen Drive, between the Henry Sturm Greenway and the rear of the dwellings fronting onto Vicmount Drive be considered for a Community Garden to serve the Victoria Hills Community. That Council delegate to the General Manager of Parks & Recreation and the Assistant General Manager of Parks & Recreation the authority to sign documentation relating to local, regional, provincial and federal grant applications made from time to time for funding of Parks & Recreation programs and special projects. That no action be taken on the request of the Volunteer Action Centre of K-W and Area for a facility rental grant, in the amount of $409.00 for rental of the City Hall Rotunda on April 18, 1999. ENVIRONMENTAL COMMITTEE - That the City of Kitchener Environmental Committee recommends to the Regional Municipality of Waterloo that whichever design is chosen for the improvements to Westmount Road, between Glasgow Street and John Street, it have the least possible impact on the existing trees, and further That the Region of Waterloo have an approved tree replacement plan in place prior to commencing the Westmount Road improvements. That Council endorse City participation in a proposed Environmental Awards Program involving: the Regional EEAC, the Chambers of Commerce of Kitchener & Waterloo, Cambridge and Guelph, the Cities of Cambridge and Guelph, and the K-W Field Naturalists, and any other interested groups, such as the City of Waterloo and the Waterloo Federation of Agriculture, that may be forthcoming. 3 That the Environmental Committee accepts, in principle, the Waterloo Region Clean Air Plan, prepared by the Citizens Advisory Committee on Air Quality, and recommends its adoption by City Council. That the Environmental Committee supports Kitchener Transit's Earth Day, 1999 Marketing Initiatives that will encourage new ridership and promote increased ridership through continued use of the Transit system. COUNCIL MINUTES MARCH 29, 1999 - 107 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL ENVIRONMENTAL COMMITTEE - (CONT'D) That the Environmental Committee supports, in principle, implementation of a 'Great Tree Hunt' event in the year 2000, followed by five year intervals thereafter, and a yearly tree monitoring program; and further, That this proposal be forwarded to the Environmental Committee's Environmental Study Group for their consideration. FINANCE AND ADMINISTRATION COMMITTEE - That, subject to the agreement being satisfactory to the City Solicitor, the Mayor and Clerk be authorized to sign a licensing agreement with Mr. Richard Hamm to encroach on City property, at the corner of Strasburg Road and Shoemaker Street, for the 1999 season, for the purpose of operating a hot dog cart and constructing a 10' x 10' platform on which will be anchored a shelter, subject to the following conditions: a) That the plans for the platform and shelter shall be approved by the City's Chief Building Official and the Fire Department; b) That the licensing agreement shall include a 30-day removal clause; c) That the licensing agreement shall include the stipulation that customer seating will not be permitted; d) That the platform shall not exceed 10' x 10', And further, it be acknowledged in the 1999 Street Vendors By-law that the licence for the Strasburg Road and Shoemaker Street location will be issued in accordance with a separate licensing agreement. (Dealt with under Delegations and Carried, as amended) That the City's Legal Department be directed to apply to the Province to designate the City's Security Officers as Provincial Offences Officers to issue Provincial Offences Notices (tickets) and Part I and III summonses for offences under the Trespass To Property Act, and further, That Policy # 1-314, attached to the report of R. W. Pritchard, dated March 17, 1999, become effective upon receipt of the legal authority from the Province to have the City's Security Officers designated as Provincial Offences Officers, and further, That the Waterloo Regional Police be requested to work with the City's Security Officers to develop standard operating procedures to implement Policy # 1-314, and further, That Council adopt the March 8, 1999 recommendations of the Records Retention Committee concerning the security records, as outlined in the schedule attached to the report of R. W. Pritchard, dated March 17, 1999, with a draft amending by-law to be considered by Council on March 29, 1999, and further, That City security records not be used for enforcement purposes by the City after a period of two years from their term, as defined in the Records Retention By-law as amended, provided that no further enforcement occurs within the said period, and further, That Schedule "A" to Policy # 1-31 4 be amended to include that no loitering will be permitted in the Civic Square after regular operating hours; and further, That Mr. R.W. Pritchard prepare a report for submission to the Finance and Administration Committee reviewing the experience of Policy 1-314 over a six month period commencing after the date that necessary legal authority is granted by the Province. (Dealt with under Delegations and Carried, as amended) COUNCIL MINUTES MARCH 29, 1999 - 108 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) That Council approve an application from "City Works" for a Feasibility Study Grant in the amount of $10,000.00 under the Downtown Financial Incentive Program for redevelopment of the former Goudies site and adjacent land, 22-38 King Street West. That Council approve an application from 1295355 Ontario Inc. for a Feasibility Study Grant in the amount of $6,281.75 under the Downtown Financial Incentive Program for redevelopment of the Button Factory site at 70 Victoria Street North. That the City of Kitchener participate in a feasibility study to investigate a group insurance pooling arrangement with other municipalities; with the estimated cost to the City of Kitchener being $10,040.00. That the upgrade project for the Kitchener Memorial Auditorium Complex be approved to be implemented in 1999 at an estimated cost of $600,000.00, and further, That the Kitchener Memorial Auditorium Complex upgrade project be funded $100,000.00 from Capital Contingency, $25,000.00 from 1999 Kitchener Memorial Auditorium site upgrading general provision and $475,000.00 from the Kitchener Memorial Auditorium site upgrading provision over the next four years (2000-2003). That Kitchener Council endorse the resolution of the Council of the Regional Municipality of Waterloo of February 24, 1999, requesting the Ontario Property Assessment Corporation to maintain the frozen assessment listings required to implement the 10-5-5 Capping program under Bill 79 for 1998, 1999 and 2000. That we approve the request of Homeniuk Rides Incorporated to operate a midway at 245 Strasburg Road from April 22-25, 1999 and April 29-May 2, 1999; subject to complying with Council's policy on providing notice to residents in the surrounding area and further, That all garbage collection and disposal from the midway, to be operated by Homeniuk Rides Incorporated at 245 Strasburg Road, shall be at the operator's expense. (Dealt with under Delegations and Carried) That the licence fee for the Herb Fair and Perennial Exchange to take place at Joseph Schneider Haus on May 1, 1999 be reduced to $10.00. 10. That a reduced licence fee of $10.00 for a Temporary Market Licence be applied to the "Handwerk: A Waterloo County Craft Show & Sale" to be held at the Joseph Schneider Haus on August 21, 1999. 11. That we permit an exemption to the Noise By-law, Chapter 450 of the Municipal Code, for "Handwerk: A Waterloo County Craft Show & Sale" to be held at the Joseph Schneider Haus from 1 p.m. to 3 p.m. on August21, 1999. 12. That the charitable licence fee of $10.00 be approved for the Temporary Vendors Licence required by "Brush with Art" to permit them to sell brushes at City Hall the first week of April, 1999. HERITAGE KITCHENER (L.A.C.A.C.) That, pursuant to Section 37 of the Ontario Heritage Act, Council pass a by-law providing for the entering into of an easement with the registered owner(s) of the property municipally known as 748 Zeller Drive, and further, That the Legal Department prepare the necessary by-law and easement agreement for an easement on the property municipally known as 748 Zeller Drive, and further, That the Mayor and Clerk be authorized to sign an easement agreement for 748 Zeller Drive, in a form satisfactory to the City Solicitor. (Dealt with under Delegations and Carried) COUNCIL MINUTES MARCH 29, 1999 - 109 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That, effective immediately, all Section 41 applications that lie within catchment areas of existing Storm Water Management Ponds be exempt from Storm Water Management reviews, as specified in the 'Site Grading, Erosion Control, Servicing and Storm Water Management Guidelines'; and further, That, effective immediately, all Section 41 applications that lie within catchment areas that do not have existing Storm Water Management Ponds, but which will be subject to an engineering study to determine specific requirements to implement a 'global' Storm Water Management System be exempt from detailed Storm Water Management reviews and be subject to fundamental lot grading and surface considerations; and further, That an engineering consultant be retained to determine specific requirements to implement a 'global' Storm Water Management system, as outlined in the report presented to the Public Works and Transportation Committee on March 22, 1999; and further, That a fee structure be determined to self-fund, and equitably distribute, the costs for a 'global' Storm Water Management system, the amount of which is to be determined through the engineering study; and further, Notwithstanding paragraph #1 above, that all land situated within the Strasburg Creek Watershed continue to undergo full Storm Water Management reviews pending the outcome of the Master Storm Water Management Policy Study; and further, That the General Manager of Public Works be authorized to require full Storm Water Management reviews for any Section 41 applications that may be deemed to have potentially hazardous environmental implications; and further, That staff of the Department of Public Works integrate all Storm Water Management Ponds into a comprehensive database, in the computerized Infrastructure Management System, to facilitate the long term management of these facilities; and further, That all interim funding of $70,000 in 1999, to undertake the above initiatives, be provided from the Capital Contingency Fund, and additional funding in 2000-2001, to be determined by the engineering study; and further, That staff of the Department of Public Works, in collaboration with the Business Enterprise Centre, promote awareness among the stakeholders of the policy change. (As Amended) That, effective June 1, 1999, Council adopt the Community Safety Zone program for a trial period of 1 year; and further, That a Community Safety Zone be implemented on Queen's Boulevard, between Highland Road and Westheights Drive; and further, That Traffic and Parking By-law No. 94-101 be amended to incorporate Community Safety Zones; and further, That Council request the Regional Municipality of Waterloo to consider the implementation of a Community Safety Zone on Regional Road 50 - Westmount Road, from Chopin Drive to Erb Street (Kitchener city limits). (As Amended) That Council request the Regional Municipality of Waterloo to reduce the speed limit on Westmount Road, from Chopin Drive to Erb Street, to a uniform 50 kilometres per hour. COUNCIL MINUTES MARCH 29, 1999 - 110 - REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) 4. CITY OF KITCHENER That the Waterloo Regional Police Services Board be requested to consider potential funding requirements for implementation of the Community Safety Zones program as part of their budget deliberations. That parking be prohibited on both sides of Littlefield Crescent, from the north intersection at Williamsburg Road to a point 79 metres west thereof, from 11 p.m. to 6 a.m.; and further, That the Uniform Traffic By-law be amended accordingly. That an Adult Crossing Guard facility be established as soon as possible at the traffic control signal on Westmount Road at Forest Hill Public School; and further, That the 1999 Operating Budget be amended to reflect an over-expenditure of $5,000. COUNCIL MINUTES MARCH 29, 1999 -111 - 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) Refreshment It was resolved: "That the Greek Orthodox Community of K-W, be granted permission to operate a refreshment stand, on their premises at 527 Bridgeport Road East, Kitchener, on June 12 & 13, 1999, provided that the necessary Fire and Health and Licence are obtained and further, that the nominal fee of $10.00 be applicable; and further, That this Festival be declared an event of 'Municipal Significance' for the purpose of liquor licensing." -and- "That Navid Khalajabadi be granted 1999 Permanent Vendor and Places of Refreshment Licenses relative to a business at 1005 Ottawa Street North, Unit #53." ii) Massagists It was resolved: "That Rosa Maria Couto and Elena Margaret Couto be granted 1999 Massagist Licences." 2. Release of Industrial Land Covenants - FAIRVIEW WARD It was resolved: "That, on March 29, 1999, the property described as Part 2 on Reference Plan 58R-5310 and municipally known as 321 Shoemaker Street complied with the restrictions set out in a Schedule to Instrument No. 875751; and further, That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all rights of the City contained in paragraph 2. of the Schedule to Instrument No. 875751 respecting the property described above." 3. Execution of En.qineerin.q A.qreement It was resolved: "That the Mayor and Clerk be authorized to execute an agreement between The Corporation of the City of Kitchener and Stantec Consulting Ltd. for Engineering Services for the Bridgeport North Community Melitzer Creek Sewage Pumping Station and Forcemain." COUNCIL MINUTES MARCH 29, 1999 -112- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 4. Cemetery Sales Associate A.qreement It was resolved: "That the Mayor and Clerk be authorized to sign an agreement with Brian Maclnnes for the provision of cemetery sales services at the City's cemetery operation for a two year term, with such agreement to be satisfactory to the City Solicitor. 5. A.qreement - Unpaid Work Experience Pro.qram It was resolved: "That the Mayor and Clerk be authorized to sign a renewal of the memorandum of understanding with Her Majesty the Queen in Right of Canada to provide for an unpaid work experience programme with Grand Valley Institution for Women, with such memorandum of understanding to be satisfactory to the City Solicitor." 6. Ta.q Dav It was resolved: "That the City of Kitchener approves of the Royal Canadian Air Cadets conducting the annual Air Cadet Scott Wilson Tag Day for Cancer in Kitchener on Saturday, April 10, 1999 from approximately 9:30 a.m. to 4:00 p.m., at the following locations: · King Street, from Ontario to Frederick Streets; · Ontario and Queen Streets, within one block of either side of King Street; · Scott and Frederick Streets outside of the Kitchener Farmers' Market entrances; and, · outside of the Kitchener Memorial Auditorium Complex, if an event is occurring." 7. Liquor Licence - Oktoberfest Festhallen It was resolved: "That the City of Kitchener has no objection to Oktoberfest Festhallen applying for a licence in conjunction with K-W Oktoberfest which is being held October 8-16, 1999 and that the K-W Oktoberfest be declared a period of 'Civic Celebration' in the City of Kitchener; and further, That this event be declared a 'Community Festival' within the City of Kitchener." 8. Engineering Agreement - DOON-PIONEER WARD It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Stantec consulting Ltd., regarding the Deer Ridge Estates Subdivision, Stage 5A, Plan No. 30T-94009." 9. Execution of A.qreement - FAIRVIEW WARD It was resolved: "That the Mayor and Clerk be authorized to execute an agreement with the registered owners of 55 Webster Road and 85 Webster Road pursuant to Section 3.2.3.1 of the Ontario Building Code, said agreement to permit the construction of an addition to the building at 55 Webster Road with the limiting distance for the exposing building face being measured to a point beyond the property line and on 85 Webster Road." COUNCIL MINUTES MARCH 29, 1999 -113- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 10. Banner Request - Communities In Bloom Judqinq It was resolved: "That in conjunction with the visit by the national Communities in Bloom judges to Kitchener on July 29 and 30, 1999, we grant permission for the erection of a welcoming banner on King Street at Rockway Gardens from Monday, July 12, 1999 to Monday, August 2, 1999 inclusive. Further, that arrangements be made with the City's Contractor for erection of the banner and the payment of any costs by the City of Kitchener Parks and Recreation Department." 11. Various Encroachment Requests - CENTRE WARD Councillor K. Taylor-Harrison expressed concern regarding hot dog carts and suggested that a 10 p.m. closing of their operation be required rather than the current 1:00 a.m. closing set out in the Street Vendors By-law. A brief discussion followed. It was resolved: "That consideration of the staff recommendations listed on the March 29, 1999 Committee of the Whole agenda pertaining to various encroachment requests, be deferred and referred to the April 12 Finance and Administration Committee meeting; and further, That the Licensing Section advise the Committee of any problems involving the evening operation of hot dog carts in the Downtown and provide comment on the suggestion that would require hot dog carts to cease operation by 10 p.m.; and further, That affected vendors be notified of the meeting to consider this matter." 12. Kitchener Downtown Business Association - 1999 Operatinq Budqet It was resolved: "That Kitchener Council approve the 1999 Operating Budget of the Kitchener Downtown Business Association as submitted by Mary Drandzyk and dated March 19, 1999." 13. Resolution - Ottawa-Carleton - Development Charqes (Cultural Charqes) It was resolved: "That the Honourable AI Leach, Minister of Municipal Affairs & Housing be advised that the City of Kitchener endorses the January 27, 1999 resolution of the Regional Municipality of Ottawa-Carleton requesting that cultural and entertainment facilities be considered eligible for funding in the Development Charges Act; and further, That a copy of this resolution be forwarded to the Regional Municipality of Ottawa- Carleton." 14. Variance to City of Kitchener Municipal Code Chapter 680 (Siqn) - CHICOPEE WARD A Committee of Adjustment recommendation pertaining to Submission No.S 3/99 - Heffner Toyota Limited was dealt with under Delegations. COUNCIL MINUTES MARCH 29, 1999 -114- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 15. Various Tenders The tenders were dealt with under Delegations. 16. Storm Water Management Policy The recommendation from E. Kovacs on the Committee of the Whole pertaining to Storm Water Management Policy was dealt with during consideration of the policy recommendations contained in the report of the Public Works and Transportation Committee meeting of this date. 17. Job Creation Partnerships Agreement with Her Majesty the Queen in Right of Canada (Human Resources Development Canada) It was resolved: "That the Mayor and Clerk be authorized to sign an agreement with Her Majesty the Queen in Right of Canada (Human Resources Development Canada) satisfactory to the City Solicitor for the placement of two individuals at the City for a thirty-two week period to assist in the development of a downtown database." 18. Licence - Beth Jacob Congregation - Social Gaming Event The Committee was in receipt of a memorandum dated March 25, 1999 from the Manager of Licensing. It was resolved: "That the City of Kitchener has no objection to a Lottery Licence being issued to the Beth Jacob Congregation to conduct a social gaming event at the Beth Jacob Synagogue, 161 Stirling Avenue S, Kitchener, N2G 3N8 on June 16, 1999." 19. Licence - Waterloo County and Area Quilt Festival - Raffle The Committee considered a memorandum dated March 24, 1999 from the Manager of Licensing. It was resolved: "That the City of Kitchener has no objection to a Lottery Licence being issued to the Waterloo County & Area Quilt Festival, P.O. Box 178, St. Clements, Ontario, NOB 2MO, to conduct a raffle at the K-W Art Gallery in Kitchener on June 8, 1999." 20. Kitchener Brethren Youth Group The Committee was provided with a report dated March 29, 1999 from the Manager of Licensing requesting Council direction on the group's request. It was noted that the issue has been discussed with the Manager of Williams Coffee Pub who has indicated he would not have a problem with the service continuing for up to an additional two months, but would have if it were to continue longer as it has an effect on business. It was resolved: "That the City of Kitchener has no objection to the Kitchener Mennonite Brethren Youth Group distributing chili and hot chocolate in front of City Hall every Thursday night from 7 p.m. to 9 p.m., provided all health requirements have been met; and further, That this matter be reviewed in two month's time." COUNCIL MINUTES MARCH 29, 1999 -115- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 21. Execution of Bundled Transportation A.qreement and Carria.qe Service Contract The Committee was in receipt of a memorandum dated March 29, 1999 from Mr. E. Kovacs, General Manager, Public Works Department. It was resolved: "That the draft unbundled Carriage Service Contract dated January 22, 1999 attached to the March 29 memorandum from E. Kovacs, be executed for the purpose of giving effect to an interim order by the Ontario Energy Board; and further, That the Bundled Transportation Agreement extension dated March 24, 1999, attached to the March 29 memorandum from E. Kovacs, be executed for the purpose of extending the existing agreement in the event that the interim order is not issued prior to March 31, 1999; and further, That the Utilities Division present the final unbundled Carriage Service Contract to the Public Works and Transportation Committee for formal review and approval for execution, following the decision and order of the Ontario Energy Board; and further, That the Mayor and Clerk be authorized to execute any documentation required by the City Solicitor."