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HomeMy WebLinkAboutCouncil Minutes - 1999-05-03COUNCIL MINUTES MAY 3, 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 Pamela Theune of King School of Vocal. Mayor C. Zehr thanked Miss Theune for presenting her rendition of the National Anthem this date and remarked on awards that she had recently received. Prior to consideration of acceptance of the minutes of the regular meeting held April 19, 1999, Councillor C. Weylie referred to the fourth bullet on page 134 of the Council minutes that dealt with a change to Condition B. 1 requiring a one foot reserve on the street stub that would enter Kiwanis Park which had been identified as Block 58 on Plan 30T-97005. However, the street that enters into Kiwanis Park is in Plan of Subdivision 30T-98205 and it already has a one foot reserve at its dead end (Block 36). Accordingly, the second part of the fourth bullet should be deleted as it is both redundant and incorrect. Also related to this issue is reference to Block 58 under Condition B.1 on page 149 of the Council minutes which should be deleted and changed back to Block 57 as in the staff report originally so that the reference to a 0.3 metre reserve reads as Blocks 52-57. On motion by Councillor C. Weylie, seconded by Councillor T. Galloway, it was agreed to amend the April 19 Council minutes in accordance with the details explained by Councillor C. Weylie. On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held on April 19, 1999, as amended this date, and the special meetings held on April 19 and April 26, 1999, as mailed to the Mayor and Councillors, were accepted. For the record, it is noted that Councillor J. Haalboom disclosed a pecuniary interest and abstained from all discussion concerning a matter subject to solicitor-client privilege discussed by Council in-camera on May 3, 1999. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (1) Letter dated April 13, 1999 from the Honourable Ernie Eves, Q.C., Minister of Finance, commenting on Council's resolution of February 1, 1999, regarding exemption from the education portion of property taxes for Veterans' Clubhouses and the Royal Canadian Legion branches. (2) Letter dated April 6, 1999 from the office of the Honourable Norman Sterling, Minister of the Environment, commenting on Council's resolution of February 15, 1999 regarding support for the Ontario Clean Air Association report. Ms. Katherine Snyder, Co-ordinator, Ontario Mennonite Quilt Auction Committee, appeared as a delegation firstly to thank Council for giving them opportunity to display their quilts in the City Hall Rotunda and secondly, to publicly announce that prior to the meeting the Mayor had officially launched their fourth quilt auction preview in the City Hall Rotunda. She advised that the 33rd Annual Quilt Auction and Sale would be held on Saturday, May 29, 1999 at the New Hamburg Arena with 100% of the proceeds going directly to the Mennonite Central Committee to fund local and international relief and development work currently taking place in several countries. It was noted that the quilts would be on display until May 27 and an invitation was extended to everyone to attend the May 29 auction. Mr. Dean Cooper, President of the Stanley Park Optimist Club was registered as a delegation to make a presentation regarding the Victoria Street Gravel Pit Rehabilitation Project. However, before Mr. Cooper spoke, Mr. Grant Nixon, Parks & Recreation Department, provided Council with an overhead presentation explaining the Rehabilitation Program that was planned for the area on each side of Victoria Street North where it abuts the Grand River. He noted that planning originally started in 1992 and that it has taken approximately one year to extract gravel deposits. Currently, the excavation is being allowed to fill with water to create future ponds and other site landscaping is ongoing. Further, he noted that a trail was under construction to connect each area. Mr. Nixon advised that the Stanley Park Optimists have been active in this project and commented that the Parks & Recreation Department was interested in finding more partnerships to assist in development of this project. Mr. Dean Cooper, President of the Stanley Park Optimist Club appeared as a delegation and advised that the Club has actively been fund raising for the Victoria Street Gravel Pit Rehabilitation Project and in this regard presented a cheque payable to the City in the amount of $35,000 towards the project which was accepted by Mayor C. Zehr and Councillor G. Lorentz. Councillor Jake Smola questioned what process was planned in regards to naming of the ponds and Mr. T. Clancy advised that in the next few COUNCIL MINUTES MAY 3, 1999 - 183 - CITY OF KITCHENER weeks staff would be working on a number of naming projects. Councillor T. Galloway then commented on a number of City of Kitchener initiatives that have been undertaken in order to take advantage of the City's position abutting the Grand River. Moved by Councillor G. Lorentz Seconded by Councillor John Smola "That City Council approve the terms and conditions contained in a Memorandum of Settlement dated April 13, 1999 in connection with the 1999-2001 Collective Agreement with I.B.E.W. Local #636; and further, That the Mayor and Clerk be authorized to execute any documentation arising therefrom." Councillor J. Ziegler indicated that he was opposed to the motion on the basis that the wage increase was in excess of the rate of inflation. The motion of Councillor Lorentz approving the Memorandum of Settlement was put to a vote and Carried. Mayor C. Zehr called on Mr. Colin Doyle to present him with a certificate from the City in recognition of his participation as a member of the Toronto Rock Team which won the National Lacrossse League Champions Cup in 1999. He noted that Mr. Doyle was the team's leading scorer and the most valuable player in the playoffs. Mr. Doyle expressed appreciation for all the support he has received from residents and the City in his pursuing the sport of Lacrosse. Mayor C. Zehr commented that it was hoped to give similar recognition at a future Council meeting to Mr. Fitzroy Vanderpool who recently won the World Boxing Federation Junior Middleweight Championship. Two of the three members of the KOOL-FM Morning Crew being Mr. Mark Payne and Ms. Angie Hill attended the meeting to make a presentation to the City. The delegation remarked on the high level of hospitality exhibited by residents of the City and then presented a very large picture of the KOOL-FM Morning Crew taken from a scene done for a television commercial in front of Kitchener City Hall. Mayor C. Zehr thanked the delegation for their gift to the City. Mr. L. Gordon, Manager of Purchasing, was in attendance to answer any question concerning the tenders listed on the Committee of the Whole agenda this date. Council was advised that four additional tenders were being added for consideration this date; namely, Lydia Street Reconstruction, Road and Surface Construction, Microsoft Select Master Agreement and Consultant Services for the St. Mary's Area Heritage Conservation District Study and Plan. Councillor J. Ziegler referred to the tenders listed on the agenda and questioned Proposal P99-011, Municipal Property Data Warehouse System with regard to savings that might have been achieved if a different supplier was recommended. Mr. Mike Hauser provided brief explanation of the technological issues that were at stake and commented on the difference in the proposals among bidders. In response to a further question from Councillor Ziegler, Mr. Hauser advised that staff did undertake consultation with bidders and in the case of Hunter GIS, no clear answers nor confirmed costs were provided. Councillor T. Galloway referred to Tender T99-048 regarding Fire Station No.2 at Lancaster and Guelph Streets. Ms. P. Houston advised that the tender was within the budget of $1,075,000 that was set aside. Deputy Fire Chief B. Kuntz advised that the station was the same design as that of the Fairway Road Station and that there had been no provision made for inclusion of public art. He did note that the Station would accommodate two crews. In response to Councillor Jake Smola, Ms. P. Houston advised that it was intended the station not be funded from sale of surplus fire station sites. In response to Councillor J. Haalboom, Deputy Kuntz indicated that staff could consider the question of public art at the new station; however, Mayor C. Zehr advised that such activity should be undertaken within the confines of the current budget. Councillor G. Lorentz commented that public art was not part of the process with respect to the Forest Heights Fire and Ambulance Station. Mayor C. Zehr suggested that the issue could be brought back to the Community Services for its consideration. Councillor J. Haalboom questioned Tender T99-046 for roof replacement at the American Hotel and Mr. L. Gordon advised that very tight specification requirements had been established and it was his view the successful bidder had a first-rate reputation. COUNCIL MINUTES MAY 3, 1999 - 184 - CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That tender T99-043, Food Products, be awarded to Serca Foodservice, Kitchener, at their adjusted tendered price of $59,815.91, plus G.S.T. and P.S.T." -and- "That tender T99-046, Roof Replacement - American Hotel, be awarded to Conestoga Roofing & Sheet Metal Ltd., Cambridge, at their tendered price of $54,981., plus G.S.T., bonding and contingency." -and- "That proposal P99-011, Municipal Property Data Warehouse System, be awarded to Orion Technology Inc., Richmond Hill at their proposed price of $195,000., plus G.S.T." -and- "That tender T99-048, Fire Station #2 - Lancaster and Guelph Streets, be awarded to CRD Construction Ltd., Guelph, at their tendered price of $1,052,564., including G.S.T., less $149,265. for the masonry portion of the contract and further, that the City award the masonry portion of the contract to J.D. Masonry, Guelph at their tendered price of $149,265., including G.S.T." -and- "That tender T99-026, Wall Resurfacing - Transportation Terminal, be awarded to Tosca Tile Limited, Kitchener at their tendered price of $54,839., plus G.S.T." -and- "That tender T99-005, Lydia Street Reconstruction, be awarded to J. Weber Contracting Ltd., Breslau, at their tendered price of $358,358., including G.S.T., and a contingency allowance of $38,240." -and- "That tender T99-002, Road and Surface Construction, be awarded to Warren Bitulithic Ltd., Kitchener at their tendered price of $1,279,657.50, including G.S.T." -and "That tender T99-040, Microsoft Select Master Agreement, be awarded to Software House International, Inc., London, Ontario for the term of the Provincial Standing Agreement, ending on September 30, 2001, at their tendered price of $179,909, plus G.S.T. & P.S.T." -and- "That Expression of Interest E99-025, Consultant Services - St. Mary's Area Heritage Conservation District Study and Plan, be awarded to Archaeological Services Inc., Toronto, Ontario at an upset fee of $30,330, including G.S.T." Carried. Councillor B. Vrbanovic representing the City's Ethno Cultural Advisory Committee commented on the Harmony Movements "Them = Us" photo exhibition hosted by the City in 1998. In this regard, Councillor Vrbanovic presented a commemorative book to the Mayor and Council in recognition of Kitchener's involvement with their 1998 event. Mayor Zehr advised that the book would be available for viewing for a period of time and then would be sent to the Kitchener Public Library for permanent retention, as is the case with other such gifts. Councillor B. Vrbanovic then referred to an April 29 memorandum from Mr. M. Price, Manager, Arts, Culture & Events, summarizing two recommendations that the Ethno Cultural Advisory Committee wishes Council to consider. In this regard, he noted that the existing terms of reference of the COUNCIL MINUTES MAY 3, 1999 - 185 - CITY OF KITCHENER Committee were not clear as to whether it was to report directly to City Council or to a Standing Committee and he asked for Council's consideration of this matter. Councillor J. Ziegler suggested and members of Council agreed that the recommendations being put forward this date be considered at this time but in future the Committee recommendations be forwarded to the Community Services Committee for consideration and report to Council. The recommendations of the Ethno Cultural Advisory Committee as tabled by Councillor B. Vrbanovic were then considered. Councillor J. Haalboom commented that it was her view that the Federal Government has some duty to financially support English as a Second Language Programs (ESL) and recommended that the Federal Government be approached in this regard. Councillor M. Yantzi suggested that the issue of Federal Government involvement should be researched further following which an appropriate resolution could be developed. It was agreed to revise the Committee's recommendation so as to direct the Committee to a explore the state of Federal financing respecting ESL Programs. Councillor Jake Smola stated that he had a concern with respect to funding of education as to the issue of choice between supporting Junior Kindergarten or supporting ESL Programs. Moved by Councillor B. Vrbanovic Seconded by Councillor T. Galloway "That Council endorse the revised terms of reference of the Ethno Cultural Advisory Committee as approved at its meeting held April 27, 1999 subject to addition of a further clause to clarify that the Committee report directly to the Community Services Committee; and further, That the Ethno Cultural Advisory Committee urges Kitchener City Council to join them in expressing concern to the Provincial Government regarding cutbacks to 'English as a Second Language Programs' and recommends the Provincial Government, through the appropriate forum, continue the funding necessary to maintain the same level of programs; and further, That the Ethno Cultural Advisory Committee explore the level of Federal Government financial support as to proper allocation and recognition of costs with respect to the special needs of the large numbers of immigrants settling in this community and report to a future meeting of the Community Services Committee." Carried. Mr. A. Attwooll, A&S Montana Inc., o/a The Walper Pub, appeared as a delegation in regard to clause 11 of the Finance and Administration Committee report which recommends no action on his request to waive invoices issued by the City relating to the cost of flyer/poster removal. The delegation apologized for being unable to attend the April 26 Finance and Administration Committee meeting at which this matter was considered. He commented that his only grounds pertaining to his appeal related to ignorance of municipal regulations regarding posting of flyers. He commented on the business plan of the pub to utilize posters and the way in which the City's notices to discontinue the practice had been mishandled internally by Pub management. He stated that he was now in receipt of invoices totalling $2,054 for City cost of poster removal and noted that this represented almost the entire tax bill for the Walper Pub which has actually closed. In response to questioning, he advised that they did undertake to remove posters after receiving the invoices. Councillor Jake Smola requested clarification of enforcement action by staff and Mr. J. Witmer itemized the occurrences investigated, notification letters and removal activity of the posters by City staff. He did note that a meeting was held with Mr. Attwooll in April to review all of these issues. Councillor J. Ziegler indicated that under the circumstances he was going to suggest that the invoices be cut in half and also commented that it was his understanding staff are reviewing the administrative fee component of the process relating to poster enforcement and removal. Councillor K. Taylor- Harrison objected to any reduction of the invoices in this matter noting that there was a terrible problem with postering in the Downtown which must be addressed. Councillor Jake Smola supported the invoices as billed noting that City staff have done what Council instructed them to do and that the City has incurred expense because of the actions of this Company. Councillor G. Lorentz was of the view that the City's objective should be to achieve compliance with regulations in whatever ways possible and not be focused solely on maintaining the maximum financial penalties. Councillor T. Galloway stated that he fully supported the postering by-law, but noted that in this instance, the COUNCIL MINUTES MAY 3, 1999 - 186 - CITY OF KITCHENER business was not one that operates a large facility and it was his view that the penalty be an appropriate one. Accordingly, he suggested that the administrative fee relative to the invoices be waived so as to cover the cost incurred by Public Works staff for cleaning up. Councillor B. Vrbanovic enquired as to the history of postering enforcement since last Fall and Mr. J. Witmer provided details in this regard. Councillor Vrbanovic then suggested that some sort of reduction apply given the circumstances related to this matter. Councillor M. Yantzi supported a fine being levied but indicated that he would support a reduction in the administrative fee component of the invoices and staggering of invoice payments if appropriate. Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That clause 11 of the report of the Finance and Administration Committee of this date be adopted." Motion Lost. Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic "That the administrative component with respect to Invoice No.0122745 issued February 17, 1999 and Invoice No.0123272 issued March 12, 1999 relating to the cost of flyers/poster removal be waived and that the invoices be revised to reflect only the cost incurred by the City for flyer/poster removal plus G.S.T." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors M. Yantzi, J. Ziegler, G. Lorentz, B. Vrbanovic and T. Galloway. Contra: Councillors K. Taylor-Harrison, Jake Smola, C. Weylie, J. Haalboom and John Smola. Motion Carried. Ms. Sandy Miller appeared as a delegation along with another representative of K-W Tourism to present a progress report dated May 3, 1999. A summary of their submission was distributed to Council that outlined background dates relative to approval and initiation of their services, key activities that took place with regard to start up in January, familiarization during February and a consolidation phase during March. A list of major accomplishments was provided including: a fully operational office, 500 referral activity level, outreach activities, a lure brochure publication revamping and a number of other issues as listed on page 6 of their submission. New opportunities were also identified and listed for action. The delegation then responded to several questions from Councillors C. Weylie and J. Haalboom regarding its activities, the membership issue website, the new opportunities including the millennium projects, involvement of OMAFRA and the communication process with regard to the local millennium committee and impacts regarding millennium projects. A question was raised as to the status of review of the former Visitor & Convention Bureau finances and Ms. P. Houston noted that internal financial statements of the former VCB had just been received and that she and her Waterloo counterpart were in the process of evaluating the financial reports as to the necessity for a fully audited statement. Ms. Pauline Houston provided a project status update on the City's Year 2000 Project as partially reflected in clause 6 of the Finance and Administration Committee report of this date. She noted that the Committee had undertaken an agenda consisting of contingency planning, testing and upgrading of existing systems and a communication strategy. A Powerpoint presentation was given regarding contingency planning, major computer systems, staffing requirements to enact contingency plans, identified problems and their prioritization, and testing deadline of September 1, 1999 relative to contingency plans. In addition, she noted that meetings would be held with outside agencies and in this regard, noted that Kitchener-Wilmot Hydro was in a similar position as the City with respect to its Y2K Project and had established a deadline of July 1, 1999 relative to its review. Further, she noted that Municipal and Regional Emergency Planning Co-ordinators would be involved in Y2K COUNCIL MINUTES MAY 3, 1999 - 187 - CITY OF KITCHENER contingency planning. Ms. Houston then commented that staff had identified and have been addressing three computer application groups, being: major applications, minor applications and departmental irabedded technology. In reference to a communications strategy she advised that as of today 500 public enquiries have been received and responded to and she then listed key components of the communication strategy. In response to Councillor B. Vrbanovic, Ms. Houston advised that staff have already enacted a contingency plan with respect to the City's financial reporting system which actually represented an upgrade to the existing system. Councillor Vrbanovic noted that Council previously discussed the issue of getting a message out to the local business community to assess the seriousness of the Y2K issue and Ms. Houston advised that a year ago the Economic Development Division had undertaken to communicate with the local business community on this issue and that at this point it was staff's intent to direct facts on the Y2K matter to residents and the City's customers. Mayor C. Zehr recommended that the Y2K problem be re-emphasized to local businesses, notwithstanding previous communication in this regard and asked that Economic Development Division staff undertake to do SO. Mr. R.W. Pritchard advised that prior to the last Council meeting, a property owner had requested that a by-law be withdrawn from the agenda and instruction was given that the proposed by-law be considered this date. In response to Councillor M. Yantzi, Mr. J. Witmer advised that it would take nearly two weeks for City staff to schedule the remedial work proposed under the by-law and that this would afford the property owner additional time to rectify the situation before the work could be carried out at his cost by City staff. On motion by Councillor M. Yantzi, seconded by Councillor G. Lorentz, it was agreed to add a by-law to the agenda for three readings that would authorize the carrying out of provisions of Chapter 650 of the City of Kitchener Municipal Code with respect to the property municipally known as 35 Broadleaf Place. 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." On motion by Councillor C. Weylie, seconded by Councillor M. Yantzi, it was agreed to amend clause 2 of the report so as to instruct Economic Development Division to follow Council direction with respect to an Offer to Purchase Lot 3C in Lancaster Corporate Centre. The report was then put to a vote. Voted on clause by clause. Clause 2 - Carried as Amended· Balance of report - Carried. Moved by Councillor T. Galloway Seconded by Councillor G. Lorentz "That the report of the Community Services Committee of this date be adopted." 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." At the request of Councillor J. Ziegler, Deputy Fire Chief B. Kuntz provided clarification in respect to clause 2 pointing out that there is no increase in staff complement. On motion by Councillor J. Ziegler, seconded by Councillor K. Taylor-Harrison, it was agreed to amend clause 2 so as to clarify that there is not an increase in staff complement as reflected by not filling a vacant Captain's position. The report was then put to a vote. COUNCIL MINUTES MAY 3, 1999 - 188 - CITY OF KITCHENER Voted on clause by clause. Clause 2 - Carried, as amended. Clause 11 - Dealt with under Delegations and Motion Lost. Moved by Councillor J. Haalboom Seconded by Councillor T. Galloway Balance of report - Carried. "That the report of Heritage Kitchener (Local Architectural Conservation Advisory Committee) of this date be adopted." On motion by Councillor M. Yantzi, seconded by Councillor J. Haalboom, it was agreed to amend condition (a) so as to refer to the exterior of the existing building. The report was put to a vote and Carried, as amended. Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That report of the Public Works and Transportation Committee of this date be adopted." The Committee was in receipt of a report dated April 30, 1999 from Mr. J. Shivas, City Solicitor, recommending that the first two paragraphs of clause 5 of the report be replaced with date references as outlined in his report. On motion by Councillor John Smola, seconded by Councillor B. Vrbanovic, it was agreed to amend clause 5 of the report in accordance with the request of the City Solicitor. The report was then put to a vote. Voted on clause by clause. Clause 5 - Carried, as amended. Balance of report - Carried. Councillor G. Lorentz advised that he had previously brought the activities of the Forest Heights Community Awareness Council to the attention of members of Council. He noted that this was a grassroots organization that has been trying to establish itself and obtain coverage under the City's insurance plan but has been unsuccessful to date. He asked that Council address its wishes and its commitment to assisting community groups to take up community projects. Ms. P. Houston advised that staff were in the process of attempting to meet with representatives of the Forest Heights group so as to determine that the group is structured properly to limit the City's insurance risk. Councillor T. Galloway suggested that staff outline any concern they have so that Council could address it, noting that he was in support of this kind of local activity with insurance backing. Councillor K. Taylor-Harrison stated that she also supports the Forest Heights group and questioned why the process took so long to obtain support from the City. Councillor M. Yantzi asked for a report on criteria for insurance coverage for these local groups. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That the Forest Heights Community Awareness Council be covered under the City's Liability Insurance Policy; and further, That a deadline of May 17, 1999 be established to work out required details to implement such coverage; and further, That staff prepare a report discussing the issue of criteria that local groups must meet to obtain liability coverage under the City's insurance policy." Carried. COUNCIL MINUTES MAY 3, 1999 - 189 - CITY OF KITCHENER Councillor G. Lorentz referred to the effects of the current extremely dry weather conditions on grass in boulevards and cul-de-sacs and questioned if the City had a program to address the problem. Mr. T. Clancy advised that a report was being prepared for the Community Services Committee outlining material cost for grass replacement and in response to Councillor Lorentz's question, he noted that the City must rely on homeowners to water grass in boulevards in order to keep it actively growing and healthy. Councillor Lorentz questioned if a way could be found to get the message out to the public pertaining to what methods they could utilize to ensure lawn preservation. Councillor T. Galloway suggested that residents consider replacing grass with other forms of planting that could withstand effects of drought and grubs. He noted that information could be made available on the City's Home Page in respect to alternative landscaping formats other than grass. Councillor Jake Smola referred to clause 1 of the Public Works & Transportation Committee report dealing with the preferred sanitary servicing scheme for Grand River South Community. He referenced the issue that he brought up at the committee meeting in which he had suggested that the sewer servicing project represented an opportunity to consider installation of a non-potable water supply at the same time and that he is asking staff to investigate and report on this possibility. He also suggested that consideration be given to installation of water cysterns within new subdivisions. Councillor Jake Smola noted that costs for any such undertaking need to be determined and referenced by identifying the issues in the community plan. Mr. B. Stanley noted that this issue was discussed at Management Committee and that Planning staff would like to discuss the matter with staff of the Public Works Department, the Region and local developers. Councillor T. Galloway agreed that the idea was an excellent one and that a cost-benefit analysis should be undertaken with respect to the question of the additional cost of infrastructure compared to the payback period in water savings. It was agreed that the matter be placed on the Unfinished Business list of the Planning and Economic Development Committee. Councillor K. Taylor-Harrison advised that on the weekend she had witnessed taping of a video production by Amanda Marshall and had also met with managers from Toronto and Los Angeles who co-ordinate such activities who advised of the excellent co-operation received from City staff to assist them in this endeavour. She commented that such movie and video activities were an excellent opportunity to enhance business in the community. Councillor K. Taylor-Harrison referred to the matter of posters and the problem that staff encounter to determine who is responsible for putting up posters. She suggested that Council direct the appropriate staff to consider creation of a 'no poster' zone in certain areas of the City such as the Downtown and School Zones and report on their findings as soon as possible. Mayor C. Zehr commented that it was a sign issue and Mr. B. Stanley advised that it would probably involve considerable input from the City's Legal Department. Councillor J. Ziegler agreed that it was a large issue and he suggested that at this time, only an answer on the possibility be obtained on the legal question of such approach. The matter will be referred to the Unfinished Business list of the Planning and Economic Development Committee. Councillor B. Vrbanovic commented on the extremely successful April 22 Earth Day activities hosted by the City of Kitchener and commended Councillor Jake Smola, Chair of the Environmental Committee and all those involved in the undertaking which he suggested would become an exciting event in future years. Councillor Jake Smola also took the opportunity to thank all those involved with the program including Mr. K. Cenerelli, who chaired the Earth Day Planning Sub-Committee, Bob Wakefield, Terry Boutilier and staff of the Parks & Recreation Department and Transit Division of the Public Works Department. He noted that an evaluation of the event would be undertaken preparatory to a Year 2000 Earth Day event. Councillor T. Galloway pointed out that last Friday was Arbour Day and that he had noticed substantial planting being done throughout the municipality. He also stated that in his capacity as a City of Kitchener Council representative on the Grand River Hospital Board, he wished to give notice that the Board would be commencing a series of public forums in a Town Hall format relative to hospital operations and that further details would be forthcoming. Councillor Jake Smola referred to the issue of 'Companion Animals' and noted that he was Council's appointee on an ad hoc committee dealing with this. He advised that he was asking for Council's review of the report as to the work of the Committee and for comment from Legal and Finance Department staff on the report. Mayor C. Zehr suggested Councillor Jake Smola discuss the matter with Mr. J. Gazzola as to the matter of staff response and timing and that the matter could then be addressed by the Finance and Administration Committee. It was agreed that the 'Companion Animals' COUNCIL MINUTES MAY 3, 1999 - 190 - CITY OF KITCHENER Report be re-circulated to Council and that Councillor Jake Smola consult with Mr. J. Gazzola on the issue of staff response and timing which would then be addressed by the Finance and Administration Committee at a future meeting. Councillor Jake Smola requested the report be circulated for the May 10 Finance and Administration Committee meeting. Councillor Jake Smola raised the issue of appointments that were to be made to the Ottawa Street/ River Road Fire Station team. It is noted that Council previously directed that a by-law be added to the agenda for three readings relative to 35 Broadleaf Place, Kitchener. Moved by Councillor G. Lorentz Seconded by Councillor John Smola That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (b) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (C) 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 (d) 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 (e) Being a by-law to adopt Amendment No.20 to the Municipal Plan - Bridgeport North (f) Being a by-law to amend By-law 85-1, known as the Zoning By-law - Southstaton Holdings Inc; Activa Investment Corporation; and Activa Holdings Inc. - Woolwich Street - No. 97/7/W/JW (g) Being a by-law to amend Chapter 680 of The City of Kitchener Municipal Code with respect to Signs (h) Being a by-law to establish legal fees for the preparation and processing of agreements and other documentation (i) To confirm all actions and proceedings of the Council (j) 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 35 Broadleaf Place, 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 B. Vrbanovic as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor B. Vrbanovic Seconded by Councillor T. Galloway "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes, are hereby adopted and confirmed." Carried. COUNCIL MINUTES MAY 3, 1999 - 191 - CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor John Smola "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to amend the City of Kitchener Municipal Code - Chapter 320 imposing a special charge on classes of buildings that impose or may impose a heavy load on the sewer or water system (By-law No. 99-74) (b) 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. 99-75) (C) 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. 99-76) (d) 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. 99-77) (e) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (By-law No. 99-78) (f) Being a by-law to adopt Amendment No.20 to the Municipal Plan - Bridgeport North (By-law No. 99-79) (g) Being a by-law to amend By-law 85-1, known as the Zoning By-law - Southstaton Holdings Inc; Activa Investment Corporation; and Activa Holdings Inc. - Woolwich Street - No. 97/7/W/JW (By-law No. 99-80) (h) Being a by-law to amend Chapter 680 of The City of Kitchener Municipal Code with respect to Signs (By-law No. 99-81 ) (i) Being a by-law to establish legal fees for the preparation and processing of agreements and other documentation (By-law No. 99-82) (j) To confirm all actions and proceedings of the Council (By-law No. 99-83) (k) 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 35 Broadleaf Place, Kitchener (By-law No. 99-84) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned. MAYOR CLERK COUNCIL MINUTES MAY 3, 1999 - 192 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE That the City accept the Offer to Purchase from Drago Stiplosek with respect to lands composing Part 2 on Reference Plan 58R-9683. The subject lands have an area of about 1.23 acres on Washburn Drive and the purchase price is calculated at $75,000 per acre for a total purchase price of $92,250; and further, That the City accept the Option to Purchase from Drago Stiplosek with respect to lands composing Part 3 on Reference Plan 58R-9683 (Site151 ). The subject lands have an area of about 1.23 acres on Washburn Drive and the purchase price is calculated at $75,000 per acre; and further, That the Mayor and Clerk are hereby authorized to execute any other necessary documentation required by the City Solicitor. That the Economic Development Division be instructed to follow Council direction with respect to an Offer to Purchase Lot 3C in Lancaster Corporate Centre submitted by lan Cook. (As Amended) That City Council support an extension to the deadline for fulfilling the conditions of approval for Zone Change Application 97/39/K/ZJ - 828 King Street West (Waterloo Region District School Board) to October 21, 1999. That Council receive Business and Planning Services staff report BPS 99/62 (1998 Annual Report - Delegated Approval Activity) for information; and further, That BPS 99/62 be submitted to the Regional Municipality of Waterloo in fulfillment of Clause 22.1 of the Administrative Agreement regarding Delegated Authority. COMMUNITY SERVICES COMMITTEE - That the submission by artist Ted Fullerton, as recommended by the competition jury and the Public Art Committee, be endorsed as the Public Art Feature for the east end downtown entrance; and That detailed construction drawings and specification be prepared by the artist, Ted Fullerton, and submitted to the City of Kitchener and the Regional Municipality of Waterloo for approval, prior to construction; with any further agreements with the Artist stipulating this approval as the condition of the construction contract; and That the Public Art Committee be requested to assist, with the help of the Corporate Communication Division in the development of a process that would provide for public awareness and education about the work, as well as develop a form of celebration when the work is installed; and further, That the Mayor and Clerk be authorized to sign a licensing agreement with Ted Fullerton with respect to the east end public art feature for the downtown entrance, once staff of the Legal Department and Parks and Recreation Department have endorsed the details. That the development of a Community Trail in the wooded area of Kilkerran Crescent be approved as the project for the $10,000.00 neighbourhood improvement grant which was won by the Kilkerran Crescent neighbourhood in the 1998 Festival of Neighbourhoods. That the Kitchener Fire Department's strategic plan, as presented to the Community Services Committee on April 26, 1999, be approved for implementation. COUNCIL MINUTES MAY 3, 1999 - 193 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) That the two standard forms of performers contract attached to the report to Ms. G. Holstead, Coordinator of Programs, dated April, 8., 1999, be approved for low risk activities not exceeding $7,000.00 in value, replacing the two standard forms which where previously approved by Council on July 7, 1997; and That the Manager of Purchasing or his/her designate continue to be authorized to execute on behalf of the City of Kitchener, such standard forms of performers contract; and further; That, in the event a performer requests any changes to a condition of a standard form performers contract, the contract be reviewed by the Legal Department and, if appropriate, brought before Council. That the Belmont Park building be demolished and the site restoration and landscape improvements to the entrance of Belmont Park be undertaken, in accordance with the report of Mr. D. Daly, Manager of Parks Operations, dated April 16, 1999. That Chapter 680 (Signs) of the City of Kitchener Municipal Code be amended to permit the installation and display of commercial fence and sports scoreboard advertising at Breithaupt Park; and further, That short term commercial fence and sports scoreboard advertising be in accordance with Council policies concerning advertising on City property with the following guidelines: a) Advertising panels located on exterior fences enclosing the facility may be installed on the interior or the exterior of the fence; b) Advertising panels located on a fence or a sports scoreboard may vary in size but shall not be larger than the fence or the sports scoreboard; c) Advertising panels shall not cover permanent advertising signs; d) Advertising panels shall only be displayed for the duration of the event; e) Advertising panels may be illuminated only while the event is taking place; and f) All advertising signs and locations shall be pre-approved by the General Manager of the Parks and Recreation Department or his designate prior to installation. FINANCE AND ADMINISTRATION COMMITTEE - That the City of Kitchener provide a new sewer connection, to York Street, for the property municipally known as 581 York Street, at a cost of approximately $10,000.00, including the costs incurred to date for clearing; and further, That consideration be given to relocating the water service to 581 York Street, at the same time the sewer connection is relocated to York Street, if determined to be cost effective to do SO. That the Fire Department be permitted to create and fill the position of "Manager of Emergency Communications" with the position being designated non-union, at Job Grade 20; with the funding to come from the Fire Department's Operating Budget; and further, That the creation and filling of the position of "Manager of Emergency Communications" within the Fire Department is a change of positions only and not an increase in staff complement, as reflected by not filling a vacant Captain's position. (As Amended) MAY 3, 1999 COUNCIL MINUTES - 194 - REPORTS ADOPTED BY COUNCIL CITY OF KITCHENER FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) That the Kitchener-Waterloo Women's Bowling Association be granted permission to operate a Hot Dog cart on June 5, 1999, at 385 Frederick Street, Kitchener, provided the necessary licence with Heath and Fire approval is obtained; and further, That the reduced fee of $10.00 be applicable. That the K W Multicultural Centre be granted permission to erect a beer tent in Victoria Park during the Multicultural Festival 1999, on June 26 & 27, 1999, providing the necessary building permit is obtained. That the fees, as set out in Schedule "A" to the April 21, 1999 report of the City Solicitor, for the preparation and processing of agreements and other documentation by the City's Legal Department, be approved; save and except for the fee proposed for encroachment agreements which shall only apply when structures encroach on City property. That the following work groups are required to be duty or on standby during the period December 27, 1999 to January 16, 2000; with no vacations being scheduled during this time period for these work groups until all Y2K contingency plans are complete and approved and the necessary staffing requirements scheduled: Group Purpose Y2K Interdepartmental Team On standby, to identify and prioritize Departmental tasks Emergency Control Group On standby, to invoke Emergency Plan, if required Utilities Regular standby staffing to respond to any operational problems Information Services Approximately seven staff will be scheduled to work January 1 and 2 to check all servers and systems at all sites. Additional staff resources must be on standby to fix problems encountered Department Systems Administrators On standby, to fix problems encountered Fire Extra key staffing have been identified to be on standby (i.e. mechanics, Fire Chief, etc.) Facilities Management and Security To check Building controls and fix problems, if necessary Public Works Regular standby staffing, to handle sewage pumping station power problems, if required That the Kitchener-Waterloo Symphony Orchestra Inc. (the "symphony") be permitted to use a portion of the Goudies Building during the 1999 Kitchener Open Ears Festival of Music & Sound (the "festival") provided it complies with the Fire Code, Building Code, and Ontario Hydro requirements and obtains a public hall licence; and, That the Mayor and Clerk be authorized to sign an agreement, prepared by and satisfactory to the City Solicitor, with the "symphony" for preparation of the Goudies Building for the "festival"; and, COUNCIL MINUTES MAY 3, 1999 - 195 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 7. (Cont'd) That the Mayor and Clerk be authorized to sign an agreement, prepared by and satisfactory to the City Solicitor with the "symphony" for the use of the Goudies Building during the "festival"; and, That a temporary fire alarm shall be installed in the Goudies Building prior to it being used for the 1999 Kitchener Open Ears Festival of Music & Sound, with the City to contribute $1,000.00 towards the cost of its purchase and installation, to be arranged through the Facilities Management Division, with the proponents to pay the balance; and further, That the temporary fire alarm remain in the Goudies Building until the proposed purchasers take possession of the building. That the following changes to the Downtown FaCade/Interior Loan Program take place to ensure viability: a) Fixed interest rate of 8% to be review annually; b) Fixed term of five years; c) Grant portion of 15% of the loan; d) The grant portion to be forgivable over the five-year term. Early repayment means less grant. e) The program is to be reviewed every three years. That the Advertising component only of the communications plan, prepared by Mr. P. Sinnott, dated April 23, 1999, with respect to the public meeting on reform initiatives involving regionalization/rationalization of municipal services, scheduled for May 19, 1999, be approved including all activities and expenditures contained therein; and further, That the communications plan also include the use of community newsletters/newspapers for advertising this public meeting. 10. That Council adopt the City of Kitchener Clean Air Plan, as presented to the Finance and Administration Committee on April 26, 1999. 11. That no action be taken on the request of Mr. A. Attwooll for the City to waive Invoice #0122745, issued February 17, 1999 and Invoice #0123272, issued March 12, 1999, relating to the costs of flyer/poster removal. (Dealt with under delegations and motion lost) 12. That the proposal to conduct a public opinion poll, outlined in the Communication Plan for the public meeting on reform initiatives involving regionalization/rationalization of municipal services, prepared by Mr. P. Sinnott, dated April 23, 1999, be deferred and referred to the Finance and Administration Committee meeting scheduled for May 10, 1999; at which time a further report fully documenting the proposal, including survey questions, possible options and costs be presented for consideration. 13. That staff of the Department of Business and Planning Services prepare a report for Planning and Economic Development Committee on the process involved in reviewing and amending the Sign By-law to deal with the following issues: a) the proliferation of signs, b) the safety of roof signs, COUNCIL MINUTES MAY 3, 1999 - 196 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 13. (Cont'd) c) shared use of mobile signs for a longer period than the Sign By-law currently allows; and further, That staff advise of the options in the existing sign by-law for enforcement. HERITAGE KITCHENER (L.A.C.A.C) - That, in principle, we approve of the proposal of the proponents of the the Kor Art Gallery & Studios, for the exterior elevations of the addition to be constructed onto the building at 79 Joseph Street, substantially as shown on the Joseph Street Elevation Drawing SK 1, dated April 22, 1999, prepared by Robert J. Dyck, Architect & Engineer Incorporated, subject to the following conditions: a) That no alternations take place to the exterior of the existing building; b) That the addition be clad in stucco, with the main colour being "warm grey"; c) That there be an option of a band around the perimeter of the addition, not exceeding two feet above grade, to be clad in red brick to match the existing building or red stucco in a shade to match the brick on the existing building; d) That a cornice be installed around the perimeter of the addition, commencing immediately above the transom, with the first step of the cornice to be up to ten inches high and to be of the same colour stucco as the main portion of the addition, and the remainder of the cornice to be white stucco and stepped so that the step at the roof line is no greater than four inches high; e) That the side lights and transom consist of stained or coloured glass and writing be permitted on the transom. (As Amended) PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That Council approve the preferred sanitary servicing scheme for Grand River South Community, as presented to the Public Works and Transportation Committee on April 26, 1999; and further, That the Schedule 'B' Class Environmental Study Report for this project be filed with the City Clerk for the mandatory 30 day public review period. That parking be prohibited anytime on the south side of Spadina Road East from opposite Ruby Street to Windsor Crescent; and further, That the Uniform Traffic By-law be amended accordingly. That the City extend its existing consulting agreement with ECNG for a period of 18 months commencing May 1, 1999; and further, That the City's Legal Department prepare an amending agreement for execution between the City and ECNG. That the City of Kitchener and its Contractor(s) be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code, Article 6 (Construction Work), during the construction of Victoria Street Sanitary and Storm Sewer Outlets between Courtland Avenue and Victoria Street and all related work between the hours of 6:00 p.m. to 8:00 p.m. during the period from April 26, 1999, to September 30, 1999. COUNCIL MINUTES MAY 3, 1999 - 197 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That the revised standard form Bundled Transportation Agreement between the City and its customers, dated revised May 3, 1999, be adopted, for use effective June 1, 1999, in connection with direct purchase and delivery of natural gas; and further, That the standard form Collection Services Agreement between the City and its customers or their agents, dated May 3, 1999, be adopted effective June 1, 1999, to facilitate competition within the City of Kitchener, through the billing and collection of gas purchases from direct purchase customers on behalf of their agents; and further, That the administrative fee schedule dated effective June 1, 1999, be approved for the services provided by the City under the Collection Services Agreement; and further, That the authority to execute the standard Collection Services Agreement and Bundled Transportation Agreements on behalf of the City of Kitchener be delegated to the Manager of Business Development, Utilities Division, and in his/her absence due to vacation, illness, or attendance at educational seminars or conferences, the Director of Utilities and in his/her absence due to vacation, illness, or attendance at educational seminars or conferences, the General Manager of Public Works; and further, That minor changes may be made to the standard agreements referred to above to accommodate specific contractual needs of the City, its customers or their agents, at the discretion of the Director of Utilities and subject to the approval of the City Solicitor; and further, That Item (3) of the August 10, 1998, Council resolution respecting gas contracts be amended to delete the phrase ', with Union Gas Ltd. and the City's individual customers' and replace same with 'with the City's individual customers as required by Union Gas Ltd.' (As Amended) That, effective Monday, June 21, 1999, until Monday, September 6, 1999, Transit Route 20 - Gateway Park be expanded by adding service Thursdays to Saturdays between 6:15 p.m. and 10:30 p.m., for a trial period; and further, That all Transit Route 20 trips be modified to include travel onto the grounds of Freeport Health Centre in the inbound direction only." COUNCIL MINUTES MAY 3, 1999 - 198 - 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. Restrictive Covenants - FAIRVIEW WARD It was resolved: "That the City confirms that as of May 3, 1999 the property described as Lot 19, Registrar's Compiled Plan, designated as Part 6 on Plan 58R-502 and Part 2 on Plan 58R-1174 and municipally known as 151 Trillium Drive complies with all of the restrictive covenants set out in Schedules to Instrument Nos. 490940 and 538045." 2. Various Licences a) Massagist It was resolved: "That the following massagist who is employed at 280 Victoria St. N., Unit #7, Kitchener, be granted a Massagist licence for the year 1999: Jennifer Cormjer." b) Annual Festival It was resolved: "That Kitchener has no objection to the Liquor Licence Board of Ontario Issuing a permit to the Holy Spirit Festival Association of Kitchener-Waterloo to allow liqur to be sold at its Annual Festival to be held June 4, 5 and 6, 1999 at the Kitchener Portuguese Club, 1548 Westmount Road, East, Kitchener, And further, that this event be deemed of municipal significance." Variances to City of Kitchener Municipal Code, Chapter 630 (Fence) - FOREST AND GRAND RIVER WARDS It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of April 20, 1999, recommending approval of Submission No. F 1/99 - Jennifer Bateman & Sharon Reier - Be Ratified & Confirmed." - and - "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of April 20, 1999, recommending approval of Submission No. F 2/99 - Graham Douglas - Be Ratified & Confirmed." 4. Tenders The tenders listed on the agenda, as well as additional tenders circulated this date, were dealt with under delegations. COUNCIL MINUTES MAY 3, 1999 - 199 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) Offers to Purchase - Lancaster Corporate Centre - Lots 3C and 3D - BRIDGEPORT - NORTH WARD It was resolved: "That consideration of Offers to Purchase property in the Lancaster Corporate Centre from lan Cook Construction Limited and Canderel Stroneridge Properties Inc. be referred to the May 10, 1999 special council meeting." 6. Sale of Raffle Tickets The Committee was in receipt of a memorandum dated April 29, 1999 from the Manager of Licensing. It was resolved: "That the City of Kitchener has no objection to the Leukemia Research Fund of Canada, 1110 Finch Avenue W, Suite 220, Toronto, M3J 2T2, being granted permission to sell tickets in the City of Kitchener for a raffle draw to be held on December 17, 1999. The draw will be held at the United Food & Commercial Workers Office, 300-61 International Blvd., Rexdale, Ontario." 7. Sale of Raffle Tickets The Committee was in receipt of a memorandum dated April 30, 1999 from the Manager of Licensing. It was resolved: "That the City of Kitchener has no objection to the Canadian Cystic Fibrosis Foundation, Sudbury Chapter, 4339 Regional Road 35, P.O. Box 1391, Chelmsford, Ontario, P0M 1L0, being granted permission to sell tickets in the City of Kitchener for a raffle draw to be held on August 7, 1999. The draw will be held at the Rack 'n Roll Club, 3087 Forest Glade Drive, Windsor, Ontario." 8. Consultant Amending Agreement - ECNG Inc. The Committee was in receipt of a memorandum dated May 3, 1999 from the City Solicitor prepared in reference to clause 3 of the Public Works and Transportation Committee report of this date. It was noted that an extension agreement has been prepared relative to natural gas firect purchase administration that meets with the approval of the Department of Public Works and ECNG Inc. It was resolved: "That the Mayor and Clerk be authorized to enter into a Consultant Amending Agreement dated May 3, 1999 with ECNG Inc. to extend the term of the contract from May 1, 1999 to October 31, 2000."