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HomeMy WebLinkAboutCouncil Minutes - 1999-05-17COUNCIL MINUTES MAY 17, 1999 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillor K. Taylor - Harrison. The meeting began with the singing of "O Canada" by Shannon Theune, King School of Vocal. Mayor C. Zehr thanked Miss Theune for her rendition of the National Anthem. On motion by Councillor T. Galloway, the minutes of the regular meeting held May 3, 1999 and special meetings held on May 3, and May 10, 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 10, 1999. COMMUNICATION REFERRED TO THE COMMITTEE OF THE WHOLE - (1) Letter dated April 30, 1999 from R.W. Pritchard, General Manager of Corporate Services and City Clerk, relative to applications for the cancellation, refund, reduction, or levy of taxes. Mr. L. Gordon, Manager of Purchasing, was in attendance and asked that in addition to the tenders listed on the Committee of the Whole Agenda of this date, Council also consider staff recommendations concerning Tender T99-056 (Strasburg Road Sanitary Sewer); Proposal P99-012 (Fire Alarm Monitoring Equipment); and, Expression of Interest E99-034 (Gaukel Street Fountain Design). Correspondence and staff recommendations concerning these additional items were circulated to Council this date. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That Tender T99-037, Grand River Arena Addition, be awarded to Rankine Construction Limited, Mississauga at their tendered price of $141,887., plus G.S.T." -and- "That Tender T99-038, Pat Doherty Arena Addition, be awarded to D-K Construction Limited, Kitchener at their tendered price of $172,462., plus G.S.T." -and- "That Tender T99-056, Strasburg Road Sanitary Sewer (Chandler Drive to Ottawa Street), be awarded to Dave Martin Excavating Limited, Elora at their tendered price of $208,251.43, including G.S.T. and a contingency allowance of $27,212.50." -and- "That Proposal P99-012, Authorized Dealers - Fire Alarm Monitoring Equipment, be awarded to Alliance All Protect Services, Waterloo; Becket Fire Service, Kitchener; Edwards, Waterloo, and PCS Cambridge Inc., Cambridge." -and- "That Expression of Interest E99-034, Consulant Services - Gaukel Street Fountain Design, be awarded to the Ventin Group, Cambridge, at their estimated fee of $10,000, plus G.S.T." Carried. Ms. D'Arcy Farlow and Miriam Arguita appeared on behalf of the Healthy Communities Good Ideas Group to invite Council to attend the second annual forum entitled "Chaos, Change, and Opportunity in a Caring Community: Stories from the Front in Waterloo Region" scheduled for Thursday, June 10 at 7:00 p.m. at the Victoria Hills Community Centre. Ms. Farlow outlined the attributes of healthy communities and the key principles involved. COUNCIL MINUTES MAY 17, 1999 - 204 - CITY OF KITCHENER Ms. Eileen Woodworth, appeared on behalf of the Victoria Hills Neighbourhood Association which is hosting the second annual forum, and extended her personal invitation to members of Council to attend. Mr. Rych Mills appeared on behalf of the Victoria Park Historical Committee and invited Council to attend the Victoria Day celebrations in the Park on May 24, 1999. He also referred to a ceremony planned for 11:00 a.m. that date involving the replacement of an historic Royal Sugar Maple. The replacement is being jointly sponsored by the Victoria Park Historical Committee and the Kitchener Parks and Recreation Department. Mayor C. Zehr referred to a June 10, 1999 event involving the presentation of Seniors of Distinction Awards to the following: Elsie Susan King Lorna Bergey Kenneth Gawthorn Robert Chilton Reta Ellacott Mabel Brubacher Pat Rehkofp Vic Braun Arts and Culture Business Caregiving Education Health and Fitness Seniors Helping Seniors Leadership Volunteering G. Lorentz also advised that the winner of the Harry Tasker Award will also be announced at that time. Mr. Reinhold Kauk appeared on behalf of the General Church of the New Jerusalem in Canada and in opposition to the staff recommendation that there be no cancellation or adjustment of taxes in regard to four properties owned by the Church. Ms. Houston clarified that the Assessment Office is not making recommendations in regard to these applications as reduced farm rate applications are now processed by the Ministry of Agriculture and Food. Mr. Kauk referred to past exemptions enjoyed by the Church and Ms. Houston noted that the Province has made many changes to the assessment system over the past number of years which have had an impact on tax status. Ms. Houston advised that she would assist Mr. Kauk in making his application to the appropriate Provincial Ministry. Councillor C. Weylie disclosed a pecuniary interest and abstained from all voting and discussion concerning tax adjustment application item numbers 100, 101, and 102 as the applicant, the K-W Working Centre for the Unemployed, are clients. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That item numbers 100, 101, and 102 of the Council Tax Adjustment report dated May 10, 1999, which is appended hereto and forms part of these minutes be disposed of as recommended therein." Carried. Councillor C. Weylie previously disclosed a pecuniary interest and abstained from all voting and discussion concerning tax adjustment application item numbers 100, 101, and 102 as the applicant, the K-W Working Centre for the Unemployed, are clients. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That the balance of the applications attached hereto and forming part of these minutes relative to cancellation, reduction, refund or levy of taxes be disposed of as recommended therein." Carried. Mr. Craig McWhinnie appeared on behalf of Williams Coffee Pub and to object to the use of the City Hall Civic Square by the K-W Youth Collective on Saturday evenings to dispense free food. He suggested that the hanging of home-made signs on the City Hall building and members of the COUNCIL MINUTES MAY 17, 1999 - 205 - CITY OF KITCHENER Collective harassing his customers is inappropriate and asked Council to take action in this regard. He indicated that he is aware of other businesses in the Downtown which have expressed similar concerns, and noted that he was not aware that the Youth Collective had obtained permission to dispense food in the Civic Square. Council directed Mr. R.W. Pritchard to address the concerns raised by Mr. McWhinnie in regard to the use of the Civic Square by the Youth Collective and any related health and licensing issues. Mr. Richard Sayk appeared concerning Clause 14 of the Finance and Administration Committee report of this date dealing with animal control and an amendment to By-law No. 98-186. Mr. Sayk advised that he has worked with the citizen committee in formulating the recommendation before Council this date, but disagrees with the restrictions it would place on the introduction of new species caught in the wild, as it may not be economically viable to breed such species in captivity. He suggested that the spirit of the proposed legislation is correct but that this aspect of the proposal needs further examination. Mr. Sayk indicated that there should be an opportunity to import a species where there is justification for this, but that anyone should not be allowed to bring in species from the United States at any time. Ms. Caroline Church, Carol's Critters, appeared as a pet store operator and animal enthusiast and indicated her agreement with the comments of Mr. Sayk. She stressed the need to ensure that some species are bred on an ongoing basis to prevent possible extinction. Councillor J. Ziegler put forward a motion, seconded by Councillor T. Galloway, that Clause 14 of the Finance and Administration Committee report of this date be adopted. Mayor C. Zehr questioned whether the concerns of the delegations are being properly addressed in the recommendation. Councillor J. Ziegler suggested an amendment to the motion to allow for a review at a future date in regard to the concerns raised by Mr. Sayk. Councillor J. Ziegler then put forward an amending motion, seconded by Councillor G. Lorentz, requesting that the new Council review the impact of the by-law amendments on the concerns raised by the delegation. Mr. L. Pasternak indicated that she had no problem with the proposed review. She suggested that the draft by-law could be brought before the Finance and Administration Committee and at that time additional background information could be provided. Councillor Jake Smola also asked that this information include how other municipalities have handled similar situations. The amending motion of Councillor J. Ziegler, seconded by Councillor G. Lorentz, was then voted on and Carried. Clause 14 of the Finance and Administration Committee Report was then voted on, as amended. Moved by Councillor J. Ziegler Seconded by Councillor T. Galloway "That the Legal Department be directed to prepare an amendment to By-law 98-186 as outlined in Schedule "A" to the report of Ms. L. Pasternak, Assistant City Solicitor, dated May 5, 1999; including prohibiting all animals which are venomous or poisonous in captivity, to be considered at a future Finance and Administration Committee meeting; and, That the Legal Department report to the Finance and Administration Committee with a recommended restriction on rodents; and, That the Ad-Hoc Committee on the City's Animal Control By-laws be continued and report to the Finance and Administration Committee concerning a limit on the number of cats within or about any dwelling unit; and further, That the new Council be urged to review the impact of the above amendment as regards the concern raised by R. Sayk at the May 17, 1999 Council meeting that the diversity of available species would be adversely affected by a prohibition on the introduction of wild caught animals." Carried. COUNCIL MINUTES MAY 17, 1999 - 206 - CITY OF KITCHENER Mr. Reinhard and Renee Wiesenbaur appeared in support of the Committee of Adjustment recommendation concerning submission No. F3/99 listed as Clause 9 on the Committee of the Whole Agenda of this date. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of May 11, 1999, recommending approval of Submission No. F 3/99 - Renee & Reinhard Wiesenbauer - Be Ratified & Confirmed." Carried. Ms. Margaret Wiebe appeared in regard to Clause 2 of the Community Services Committee report of this date concerning the Kitchener Farmer's Market. She indicated her objection to any proposal to increase vendor fees, and advised that as a craft vendor at the Market she has seen a gradual decline in customer attendance and this would be further aggravated by any increase in fees as these would have to be added to the price of the goods for sale. She noted that Market revenue would not increase if vendors were forced to leave. Mayor C. Zehr pointed out that the recommendation before Council this date does not address the issue of fee increases but does indicate that any proposals in this regard will be developed in consultation with the Market vendors. Ms. Jo-Marie Powers, Guelph, appeared as a market customer and indicated that she has conducted research on Ontario markets to determine why these are more successful than markets in other parts of North America. Her research found that there are three key elements to success; namely: vendors, who must make a profit to continue; customers, who are attracted by quality, price, and personal interaction; and, community support, which involves municipalities providing a building and a market clerk. She stressed that if the community does not support a market it will fail. She also noted that on average food travels approximately 2,000 miles before it reaches the table and that 5% of the profit accrues to the community; whereas 100% of the profit from local markets stays in the community. She also stressed that the market provides an opportunity for entrepreneurs starting their own businesses who can trial these at the market for a low capital investment. Ms. Powers urged the City to continue its support of the Kitchener Market, and suggested that there could be two separate fee levels based on sales volume and profit. She also noted that the Farmer's Market Association has a large amount of data on markets in Ontario and elsewhere which the City may wish to reference. Ms. Pauline Margison appeared as a market customer and pointed out that in the past the market was a fun place, but over the past two years it has lost this attraction. She indicated her hope that this characteristic could be restored. Ms. Margison suggested that one way to accomplish this would be to locate the market outside except in winter, possibly closing off King, Scott or Duke Streets. She also stressed the need for unique products as well as both work and commitment to revitalize the market spirit. Ms. Radhika Chudasama appeared in regard to Clause 2 of the Community Services Committee report of this date and alleged that Market management have been aggressively pursuing rate increases, and that in her opinion this is counter productive. Ms. Chudasama alleged that neglect and years of mismanagement have created the current problems at the Market, and there is need for strong and positive action to improve the situation. She was critical of the current management style which she characterized as adversarial and suggested there is little point in vendors attending the upcoming meeting as management have already sent out notices informing vendors that they have been reclassified. Ms. Chudasama also indicated that she is in agreement with the concept of the Market operating on a break even basis. Ms. Chudasama submitted a petition dated February 26, 1999 containing approximately 68 signatures which indicates agreement to form a Vendor's Association at the Kitchener Farmer's Market to assist in expressing the concerns of vendors and positively affecting the Market's future. Councillor J. Haalboom inquired whether Ms. Chudasama had any suggestions for improving the Market. She replied that, in her opinion, the Market should be highlighted regularly through television commercials, incentives should be put back in place to encourage tour bus companies, brochures COUNCIL MINUTES MAY 17, 1999 - 207 - CITY OF KITCHENER should be placed in hotels and motels, and the Market newsletter should be resurrected, and that there should be an initiative to attract new vendors. Ms. Chudasama referred to the Market budget of five years ago and questioned the $59,000 amount allocated to advertising and the $250,000 to wages, given that the Market operates approximately 52 days per year. Mayor C. Zehr pointed our that there has been a dramatic shift in budget expenditures over the past five years. In response to a further question, Ms. Ingrid Chyc, Market Supervisor, noted that in 1999 $80,000 was budgeted for marketing including brochure distribution, television and radio ads, weekly newspaper advertisements and expenditures for special events. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That Clause 2 of the Community Services Report of this date be adopted." Councillor Jake Smola inquired as to the long term plans for the Market given that the City no longer owns the facility and has significant lease expenditures. Mr. T. Clancy replied that the recommendation and accompanying report before Council this date is the starting point for defining whether the Market is to be run as a service or a business. A longer range plan will be developed over the next year based on this outcome. Mr. Clancy added that the City presently has two years remaining in its current lease and a number of options in regard to future operation of the Market. Councillor Jake Smola suggested that this item be a high priority for the Parks and Recreation Department. In response to concerns raised by an unidentified member of the public in attendance this date, a brief discussion took place concerning the composition of the proposed fees and classification committee which is to include representation from Market vendors. Councillor G. Lorentz offered the opinion that vendors should select their own representatives and these should not be selected by staff. Ms Chyc clarified that staff are trying to ensure that all vendors have an opportunity to participate, and not just members of the Vendor's Association. She noted that it was her understanding that not all Market vendors had been asked to participate in the Association. She further clarified that the reason for staff requesting representatives in different classifications is to ensure broad representation from all classes of vendors since the rates are different for each classification. Councillor Jake Smola took exception to suggestions by members of Council as to how staff should implement committee appointments and suggested that this is micro-managing and Council should limit itself to setting policy in this regard. The motion by Councillor G. Lorentz, seconded by Councillor T. Galloway, to adopt Clause 2 of Community Services Committee Report of this date was voted on and Carried Unanimously· Mayor C. Zehr repeated his earlier offer to meet personally with any vendors in regard to the issues discussed this date. 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." Councillor J. Ziegler asked that Clause 1 (Subsection 5a) dealing with sidewalks on roads 16 metres and greater be dealt with separately. Councillor Jake Smola indicated that he is supportive of Clause 1, but wished it to be noted for the record that Subdivision Application 30T-98207 (Wright-Dietrich) does not have draft plan approval and based on the recommendation before Council of this date will require sidewalks on both sides of the street. He noted that the applicant could have followed the procedure to obtain an exemption but did not. He also asked that the minutes note that he recently received correspondence from Wright-Dietrich in regard to an exemption. Councillor J. Haalboom indicated that she disagreed with the policy requiring sidewalks on both sides of the street where roadways are 16 metres or greater as this cost will likely be passed on to homeowners. She questioned the necessity of requiring sidewalks on both sides of a cul-de-sac with five dwelling units and indicated that she could support the policy if it applied only to road widths greater than 16 metres. Mr. B. Stanley clarified that the present sidewalk policy indicates that sidewalks are not required on both sides of 16 metre roads if there is no connection with other City COUNCIL MINUTES MAY 17, 1999 - 208 - CITY OF KITCHENER parks or facilities. The direction from the Planning and Economic Development Committee would alter this policy as outlined in the recommendation. Councillor J. Ziegler indicated that he was prepared to put forward a motion reflecting that sidewalks would only be required on one side of the street for roads of 16 metres, and on both sides for roads greater than 16 metres. Councillor T. Galloway indicated his support for the proposal of Councillor J. Ziegler, also indicating that the cost will be passed on to homeowners. He suggested that the proposed sidewalk policy is also contrary to the City's intensification policy as requiring sidewalks in this way will in many cases significantly reduce the size of the front yard. Councillors Jake Smola and B. Vrbanovic indicated that they support the change in the sidewalk policy on the basis of public safety. Councillor G. Lorentz questioned whether the City could allow narrower sidewalks in certain areas, and Mr. E. Kovacs replied that sidewalk width is often driven by use and necessary crossings and not by the volume of traffic alone. Mayor C. Zehr asked that Planning staff consider the suggestion from Councillor G. Lorentz. The report of the Planning and Economic Development Committee of this date was then voted on clause by clause. Clause 1 (5a) - Carried. Balance of Clause 1 - 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." 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 2 - Dealt with under Delegations and Carried Unanimously. Balance of report - Carried. Moved by Councillor J. Ziegler Seconded by Councillor T. Galloway "That excluding Clause 6, the report of the Finance and Administration Committee of this date be adopted." Councillor J. Ziegler disclosed an interest in common with residents in the immediate vicinity of 3160 King Street East, and abstained from all voting and discussion on Clause 6 concerning the Adult Entertainment Parlour proposed for this address as he owns property facing 3160 King Street East. Fire Chief J. Hancock expressed concern over the wording of Clause 13 of the report, which suggests that the position of Civilian Fire Prevention Public Training Coordinator is an interim position for a one year period. He indicated that the intent was that this would be a full-time position. Council agreed with the comments of Fire Chief Hancock and an amendment to Clause 13 to remove the words "on an interim basis of one year". Councillor B. Vrbanovic commented on Clause 6 of the report dealing with the request of R. Zivkovic to relocate his Adult Entertainment Parlour to either 1206 or 3160 King Street East. Mr. J. Shivas suggested that the second and third paragraphs of the recommendation dealing with notification of affected property owners should be deleted in their entirety as legal counsel for the applicant has objected to this process on the basis it amounts to a new criteria which was not in place for previous COUNCIL MINUTES MAY 17, 1999 - 209 - CITY OF KITCHENER applicants. Mr. Shivas suggested that in the interests of fair and impartial treatment the notification process not be undertaken. Councillor Vrbanovic questioned whether this would preclude Council from receiving any letters expressing concern with the proposed locations, and Mr. Shivas replied that Council could receive such letters. He added that in the absence of the circulation referred to in Clause 6, the responsibility now rests with Mr. Zivkovic to make a case for relief from the location criteria. He added that Mr. Zivkovic would also be at liberty to submit any letters from affected property owners. The Finance and Administration Committee report of this date, excluding Clause 6, was then voted on clause by clause. Clause 13 - Carried as Amended. Clause 14 - Dealt with under Delegations and Carried, as amended. Balance of report - Carried. Council agreed to amend Clause 6 of the Finance and Administration Committee report of this date to remove paragraphs 2 and 3 concerning the circulation process and to amend the first paragraph to refer the requests of Mr. R. Zivkovic to the May 25, 1999 Finance and Administration Committee meeting as well as the Special Council meeting the same day. Moved by Councillor T. Galloway Seconded by Councillor G. Lorentz "That Clause 6 of the Finance and Administration Committee report of this date be adopted as amended." Carried. Councillor J. Zigler previously disclosed an interest in common with residents in the immediate vicinity of 3160 King Street East, and abstained from all voting and discussion regarding the Adult Entertainment Parlour proposed for this address as he owns property facing 3160 King Street East. Notice of Motion Councillor T. Galloway gave Notice of Motion that at the May 25, 1999 special meeting of City Council he would introduce a Motion for Reconsideration of Council's December 15, 1997 decision to take no action on the request of Mr. Randy Zivkovic for permission to relocate his Adult Entertainment Parlour to 1206 King Street East. Moved by Councillor J. Haalboom Seconded by Councillor T. Galloway "That the report of Heritage Kitchener (Local Architectural Conservation Advisory Committee) of this date be adopted." Councillor J. Haalboom asked that Clause 2 of the Heritage Kitchener report of this date be referred to the May 31, 1999 Council meeting to allow the owners to attend and staff to make a slide presentation. Councillor J. Haalboom clarified that Clause 3 involving restoration of the Governor's House and Gaol as a millennium project is intended to reflect that the City would work with community groups and would not undertake the restoration alone. Councillor Haalboom advised that outside funding in this regard would also be available. Councillor Jake Smola inquired as to who owns the building and Councillor Haalboom replied that it is owned by the Regional Municipality of Waterloo and any restoration would have to be undertaken with their cooperation. Mayor C. Zehr suggested an amendment to the motion to reflect this. Councillor Haalboom indicated that there is concern that Regional Council has done nothing to restore the building over the past 20 years and Mayor Zehr repeated his comment that the City cannot commit to restore a building it does not own. Councillor G Lorentz suggested that the private sector should be involved in funding this project, as Regional taxpayers are already paying enough for heritage preservation. Councillor J. Ziegler suggested that in COUNCIL MINUTES MAY 17, 1999 - 210 - CITY OF KITCHENER the hierarchy of important local heritage buildings, this property would rank lower than the old City Hall, the Farmers Market and the Post Office buildings. The report of Heritage Kitchener was then voted on clause by clause. Clause 1 - Carried. Clause 2 - Action Deferred and Referred to the May 31, 1999 Council Meeting to allow the property owner to attend and a presentation to be given by staff. Clause 3 - Carried, as Amended. Councillor M. Yantzi indicated that he had received correspondence from Globe Studios dated May 17, 1999 requesting an interest free loan from the City. He asked that this matter be referred to the May 25, 1999 Finance and Administration Committee meeting. Council was in receipt of a memorandum from G. Sosnoski, Deputy City Clerk, dated May 17, 1999 advising that Mr. John Martin and Mr. Steven Maxwell are no longer able to serve on the Waterloo Region Airport Public Advisory Committee as they are presently serving on the Waterloo Regional Airport Noise Management Committee. They were also in receipt of correspondence from Mrs. Alexis Marsden, dated May 13, 1999 requesting that the City accept Mr. Kevin Beechard as the Lackner Woods Resident Association representative with Mrs. Marsden serving as the alternate. Moved by Councillor Jake Smola Seconded by Councillor J. Ziegler "That Mr. Kevin Beechard be appointed as the Lackner Woods Resident Association representative on the Waterloo Regional Airport Public Advisory Committee to fill the vacancy resulting from the resignation of Mr. John Martin; also, that Mrs. Alexis Marsden be appointed as the alternate to fill the vacancy created by the resignation of Mr. Steven Maxwell; and further, That the appointments to the Waterloo Regional Airport Public Advisory Committee be until such time as the Airport Master Plan is approved by Regional Council." Carried. Councillor G. Lorentz expressed concern over Provincial election signs for Mr. Wayne Wettlaufer which have been placed on a City boulevard in his Ward and which are a visual obstruction. He noted that placing election signs on the municipal right-of-way is not permitted. Mayor Zehr advised that he has left a message in this regard with Mr. J. Witmer, of the Business and Planning Services Department, and noted that the Sign By-law was sent to all the candidates in the Provincial election. Mayor Zehr indicated that a reminder is to be sent specifically referring to the placing of signs on boulevards and other public lands. Mayor Zehr asked that Mr. B. Stanley immediately follow-up with enforcement in regard to the complaint referred to by Councillor Lorentz. Mr. Stanley advised that any further complaints can be directed to any one of the By-law Enforcement Officers. Councillor J. Haalboom referred to a recent program for seniors and a project showcase celebrating seniors in art. She also extended an invitation to members of Council to attend at the woodlot behind 93 Kilkerran Crescent on May 18 at 5:30 p.m. for the opening of the Kilkerran Community Trail. Councillor C. Weylie referred to a situation involving residents on Highland Road where the nearest City waterline is approximately 200 metres from the dwellings and there is uncertainty as to whether providing this service is the developers responsibility. She asked that a report in this regard be considered at the upcoming Public Works and Transportation Committee meeting. Moved by Councillor Jake Smola Seconded by Councillor Yantzi "That leave be given the Mover and Seconder to introduce the following by-laws, namely: MAY 17, 1999 (b) (C) (d) (e) (f) COUNCIL MINUTES - 211 - CITY OF KITCHENER To further amend By-law 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 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener Being a by-law to provide for the establishing a laying out of parts of Trillium Drive as a public highway in the City of Kitchener Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the Appointment of Staff. To authorize the construction of certain works as shown in Schedule "A" hereto as local improvements To confirm all actions and proceedings of the Council and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor T. Galloway as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor T. Galloway Seconded by Councillor B. Vrbanovic "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 agreed to the request of Mr. R.W. Pritchard to add a by-law for 3rd reading this date to change the name of a certain street in the City of Kitchener (Wellington Street - Shirley Avenue). Moved by Councillor Jake Smola Seconded by Councillor M. Yantzi "That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law 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. 99-87) (b) To further amend By-law 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. 99-88) (C) Being a by-law to provide for the establishing a laying out of parts of Trillium Drive as a public highway in the City of Kitchener (By-law No. 99-89) (d) Being a by-law to amend Chapter respecting the Appointment of Staff. 101 of the City of Kitchener Municipal Code (By-law No. 99-90) (e) To authorize the construction of certain works as shown in Schedule "A" hereto as local improvements (By-law No. 99-91 ) COUNCIL MINUTES MAY 17, 1999 - 212 - CITY OF KITCHENER (f) To confirm all actions and proceedings of the Council (By-law No. 99-92) (g) Being a by-law to change the name of certain street in the City of Kitchener (Wellington Street - Shirley Avenue) (By-law No. 99-93) be taken as read a third time, be finally aassed and numbered serially by the Clerk." Carried. On motion the meeting adjourned. MAYOR CLERK COUNCIL MINUTES MAY 17, 1999 - 213 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE 1. 1) That Council Policy Number 1-727 (Road Allowance Widths and Sidewalk Locations in New Subdivisions) dated October 9, 1979 be repealed and a new policy be approved as indicated on Appendix "A", "Road Right-Of-Way Widths", outlined in (4) below; and further, 2) That a new Council Policy be approved relative to "Sidewalk Requirements" as indicated on Appendix "B", outlined in (5) below; and further, 3) That the City of Kitchener Subdivision Manual be revised to reflect all changes made to the applicable criteria as approved by Council. 4) APPENDIX "A" CLASSIFICATION Secondary Arterial Roads Major Collector Roads Minor Collector Roads Local Streets SUBJECT: ROAD RIGHT-OF-WAY WIDTHS DEFINITION Generally, the function of Secondary Arterial Roads is to distribute large volumes of traffic between other Arterial Roads and Major Collector Roads. The primary purpose of such roads is to carry through traffic within the municipality. Direct access to abutting properties may be permitted. Generally, the function of Major Collector Roads is to collect and distribute traffic between Local Streets, other Collector Roads and the Arterial Road system. The primary purpose of such roads is to carry through traffic between neighbourhoods. Direct access to abutting properties may be permitted. The function of Minor Collector Roads is to collect and distribute traffic between Local Streets and other Collector Roads. They are not generally intended to carry through traffic between neighbourhoods. Local Streets generally serve only the abutting properties and are not intended to carry through traffic. RIGHT-OF-WAY 26 m 20 m 18m 18 m or 16 m * A.A.D.T. 12,000 to 20,000 8,000 to 12,000 2,000 to 8,000 up to 2,000 COUNCIL MINUTES MAY 17, 1999 - 214 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL SUBJECT: ROAD RIGHT-OF-WAY WIDTHS * NOTE Local streets with a 16m right-of-way may be permitted for cul-de-sacs containing a maximum of 30 units having direct vehicular access, and all other roads containing a maximum of 60 units per street block having direct vehicular access. Exemptions It is acknowledged that there may be instances where an exemption to the requirements of this policy may be warranted. In these instances, unique design alternatives may be considered based on review by the City under good planning, engineering and transportation principles, or as otherwise provided for in Secondary or Community Plans. The authority for exemptions to the requirements set out in this policy shall be delegated to the General Manager of Public Works. 5) APPENDIX "B" SIDEWALK REQUIREMENTS Sidewalk will be constructed in accordance with the following requirements which shall apply to all land uses unless specified otherwise herein. 1. Location of Sidewalk a) Roads 16 meters and fireater: Sidewalk is required on both sides, except on roads in business park/industrial areas. b) Downtown: Notwithstanding a) above, sidewalk is required on both sides of all roads within the Downtown Districts as designated in the Municipal Plan, with the exception of public lanes. c) Scenic Roads: Sidewalk is not required on designated scenic roads. d) Herita.qe Conservation Districts For roadways contained within a Heritage Conservation District, sidewalks shall be provided in accordance with the respective District approved policies. 2. Exemptions a) It is acknowledged that there may be instances where an exemption to requirement 1. above may be warranted. In these instances, unique design alternatives may be considered based on review by the City under good planning, engineering and transportation principles, or as otherwise provided for in Secondary or Community Plans. b) The authority for exemptions to sidewalk requirements set out in this policy shall be delegated to the General Manager of Public Works in the case of lands within Plans of Subdivision, and to the Director of Planning, for lands subject to Site Plan Approval. Where there is a disagreement between the owneddeveloper and the General Manager of Public Works, the final decision will be made by Council. COUNCIL MINUTES MAY 17, 1999 - 215 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) c) Notwithstanding the requirements of this policy, sidewalk requirements set out in plans of subdivision which are draft approved prior to (date of Council approval of this policy) shall take precedent. d) Notwithstanding the requirements of this policy, sidewalk requirements set out in site plans approved prior to (date of Council approval of this policy) shall take precedent. 3. Costs a) All costs for the required sidewalk installation on roads adjacent to the lands being developed will be the responsibility of the owneddeveloper of lands being subdivided or the owner of lands being developed. b) Notwithstanding 3.a) above, in instances where existing development is to be expanded and where sidewalk is required under 1. of this policy, the required financial contribution from the owneddeveloper for sidewalk will be in direct proportion to the proposed increase in floor area. c) Where sidewalk is required under 1. of this policy and where lands abut only one side of the road, which includes back-lotting, the owneddeveloper shall be responsible for sidewalk on the abutting side only. d) In the case of sidewalk requirements in plans of subdivision, the owneddeveloper may be required to extend sidewalk beyond the limits of the subdivision to a reasonable extent where deemed necessary in order to provide a connection with existing pedestrian facilities (e.g. sidewalk, walkway, trail, bus stop) or with other land uses which generate pedestrian activity. That City Council accept the nominations from the April 14th, 1999 Economic Development Advisory Committee meeting of Hans Pottkamper as Chair and Glenn Scheels as Vice-Chair of the Economic Development Advisory Committee. That Staff of the Business and Planning Services Department be directed to investigate the expansion of the current Section 28 Downtown Community Improvement Area, and the use of Section 39 of the Ontario Heritage Act to extend the Adaptive Re-Use package of development incentives for designated Adaptive Re-use Sites which are also designated under Part IV of the Ontario Heritage Act; and further, That Heritage Kitchener partner with the Economic Development Advisory Committee in the identification of designated sites to be included as adaptive re-use sites to benefit from the package of development incentives. That we approve the following revisions to the 1999 meeting schedule of the Planning and Economic Development Committee: a) If required, the regular afternoon meeting of Monday June 14th recess for a dinner break and reconvene in the evening. b) An additional meeting be held on Monday October 18, 1999 commencing at 3:00 p.m. COMMUNITY SERVICES COMMITTEE - That the City of Kitchener accedes to the request of the Walter Bean Grand River Community Trails Inc. to build those portions of the trail within the City of Kitchener, as funding is provided by the Walter Bean Grand River Community Inc.; and further; COUNCIL MINUTES MAY 17, 1999 - 216 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE (CONT'D) - That the City of Kitchener undertakes to maintain, in perpetuity, that portion of the Walter Bean Grand River Trail located in the City of Kitchener. 2. That this Council indicates its full support of the Kitchener Farmer's Market; and, That the Kitchener Farmer's Market net revenues over expenses work towards a break even point, not to include the rental of the market or capital expenditures; and, That a vendors' fees and charges proposal for the Kitchener Farmer's Market be developed, in consultation with vendors; and further, That Parks and Recreation staff investigate additional ways to reduce operating costs at the Kitchener's Farmer's Market. (Dealt with under Delegations and Carried unanimously) That we reimburse the owner of 16 Old Country Drive up to half the cost of a wood fence, to be located adjacent to the public walk way, demonstrated with receipts, to a maximum of $392.42, which represents at half the cost of the standard 4 foot height chain link fence. That Council approves the criteria for use of the Clock Tower Commons, as contained in the report of Ms. L. Gove, Supervisor, Arts, Culture & Events, dated April 19, 1999 to insure safe, well run activities and events; and further, That Arts, Cultural & Events Staff be primarily responsible for scheduling events at the Clock Tower Commons to insure that the scale, scope and frequency of group events comply with the approved criteria and adhere to regulations of permitting and licensing agencies'/departments' requirements. That the City of Kitchener implement a Kitchener Farmer's Market Vendor Recognition Program as contained in the report of Ms. I. Chyc, Market Supervisor and Mr. R. Wyatt, Interim Assistant General Manager, dated May 3, 1999 ENVIRON MENTAL COM M ITTEE - That Mr. Bruce Krafchek be appointed to the Environmental Committee to fill an existing vacancy for the balance of a term to expire November 30, 1999. FINANCE AND ADMINISTRATION COMMITTEE - That a public opinion poll be conducted by PMG Consulting Ltd. to solicit public opinion on rationalization/regionalization of services. That the public opinion poll to be conducted by PMG Consulting Ltd. on rationalization/ regionalization of services use a region-wide sample. That, in addition to staff at PMG Consulting Ltd., the following members of Council and City staff be included on the team to approve the survey questions for the public opinion poll on rationalization/regionalization of services; Mayor C. Zehr, Councillor J. Haalboom Councillor J. Ziegler, Ms. P. Houston, Mr. J. Gazzola, Mr. P. Sinnott and Mr. J. Shivas. That we approve the request of Mr. A. Attwooll for an exemption to Chapter 586 Refreshment Vehicles) of the City of Kitchener Municipal Code, to permit him to locate a refreshment vehicle at the Brewer's Retail, 2642 King Street East, Kitchener. That no action be taken on the request of the Kitchener Mennonite Brethren Youth Group to barbeque hot dogs and hamburgers at City Hall, for free distribution during the summer months; and, COUNCIL MINUTES MAY 17, 1999 - 217 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE (CONT'D) - That the Kitchener Mennonite Brethren Youth Group discontinue their current distribution of free food at City Hall effective May 31, 1999; and further, That the Kitchener Mennonite Brethren Youth Group work through City staff to find an alternate location for their distribution of free food. That the request of Mr. R. Zivkovic to relocate his Adult Entertainment Parlour to either 1206 King Street East or 3160 King Street East be deferred and referred to the May 25th Finance and Administration Committee meeting and the Special Council meeting of the same date. (As Amended) That we approve the request of the Regional Pride Committee of Waterloo-Wellington Region to locate a beer tent in Victoria Park for the Pride Day Celebration of June 19, 1999; and further, That the Regional Pride Committee of Waterloo-Wellington Region be permitted to sell food and crafts in Victoria Park during the Pride Day Celebration on June 19, 1999, with a reduced license fee of $10.00 being charged. That, subject to locating on the opposite side of Civic Square from William's Coffee Pub and not selling coffee, we approve the request of Branada Sports Communications Ltd. to have "Harveys" sell hamburgers and drinks in Civic Square on June 4 - 6, 1999, for the Canadian Streetball 3 on 3 Basketball Competition; and further, That the licence fee for a Refreshment Vehicle to sell at a special event, of $25.00, be applicable for "Harveys" to sell hamburgers and drinks in Civic Square on June 4 - 6, 1999 for the Canadian Streetball 3 on 3 Basketball Competition. That we grant the petition of Mr. M. Kieswetter, et al for construction of sanitary sewer and connections on King Street East, north side, from 250 meters west of Deer Ridge Drive to 450 meters east of Deer Ridge Drive. 10. That we approve an application from Theatre & Company 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. 11. That Council extend the hours the City Hall parking garage is open to the public to 3:00 a.m. on Saturday and Sunday mornings; and further, That the City Hall parking garage doors be open an additional hour, until 2:00 a.m. on Saturday and Sunday mornings, in order to provide access to safe, convenient and comfortable parking for staff and patrons of late night downtown establishments. 12. That the draft Corporate Strategic Plan (1999 -2002), as amended May 3, 1999, be tabled and referred to the Finance and Administration Committee meeting of May 25, 1999 for further discussion and comment from the public and staff, with final approval at the May 31, 1999 Council meeting. 13. That the position of Civilian Fire Prevention Public Training Co-ordinator be approved, without complement increase in the Kitchener Fire Department, by reducing one First Class Firefighter position (presently working at the Centre); and, That the position be a civilian member of the Kitchener Professional Firefighters Association; and, That the position be funded from the Fire Department Operating Budget; and, That the Cities of Cambridge and Waterloo be requested to contribute to the costs; and further, COUNCIL MINUTES MAY 17, 1999 - 218 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE (CONT'D) - That the situation of financing, staffing and operating the Fire Education Centre be reviewed in one year's time. (As Amended) 14. That the Legal Department be directed to prepare an amendment to By-law 98-186 as outlined in Schedule "A" to the report of Ms. L. Pasternak, Assistant City Solicitor, dated May 5, 1999; including prohibiting all animals which are venomous or poisonous in captivity, to be considered as a future Finance and Administration Committee meeting; and, That the Legal Department report to the Finance and Administration Committee with a recommended restriction on rodents; and, That the Ad-Hoc Committee on the City's Animal Control By-laws be continued and report to the Finance and Administration Committee concerning a limit on the number of cats within or about any dwelling unit; and further, That the new Council be urged to review the impact of the above amendment as regards the concern raised by R. Sayk at the May 17, 1999 Council meeting that the diversity of available species would be adversely affected by a prohibition on the introduction of wild caught animals. (Dealt with under Delegations and Carried, as amended) HERITAGE KITCHENER (L.A.C.A.C.) - That, pursuant to Section 33 of the Ontario Heritage Act, we approve the request of the owner to alter the designated property municipally known as 811 Bleams Road (Steckle Heritage Homestead), with all alterations being done in accordance with the owner's Designated Property Alteration Application, signed May 7, 1999. That, pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a Notice of Intention to designate the property municipally known as 379 Glasgow Street, Kitchener, as being of historic and architectural value; and further, That the specific features of the designation include the following exterior and interior features of 379 Glasgow Street: Exterior Features: All building elevations including mixed wall cladding of brick and stone; window openings and original windows, glazing, muntin bars, sills and voussoirs; projecting towered principal entrance with wood panelled door, octagonal roof and metal crown royal symbol; all dormers including wood shingle cladding; rear bay clad in white stucco with half timbering; wood softits, facia and bargeboard; roof and a roofline; brick chimneys with decorative cap; and the flagstone walkway from Glasgow Street to the principal entrance. Interior Features: Primary staircase with wrought iron railing and polished oak wood hand rail; original 1930's floor, wall tile and built-in electric heater in both bathrooms; original polished metal door hardware; and door to walk-in safe in the basement. (Action deferred and referred to the May 31, 1999 Council meeting to allow the property owner to attend and a presentation to be given by staff.) That Kitchener Council, in cooperation with the Region, seriously consider the restoration of the Governor's House and Gaol as a millennium project. (As Amended) COUNCIL MINUTES MAY 17, 1999 - 219 - 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. Assessment Appeal - DOON-PIONEER WARD It was resolved: "That the Mayor and City Clerk be authorized to sign the Minutes of Settlement pertaining to the assessment appeal related to 4567-4575 and 4591 King Street East, Kitchener." 2. Appointment - Kitchener Public Library Board It was resolved: "That as recommended by the Waterloo Region District School Board, Susan Milne be appointed as the Board's representative on the Kitchener Public Library Board to will the unexpired term of Peter Moore from May 1999 to December 2000." 3. Licenses a) Vendor and Food Shop It was resolved: "That a 1999 Permanent Vendor and Food Shop Licence be granted to Steve R. Brown for the River Road Car Wash at 1025 Ottawa Street North." 4. Execution of En.qineerin.q A.qreements i) FAIRVIEW 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 Delcan Corporation, regarding the Block Line Road Location Study, Schedule 'C', Class Environmental Assessment." ii) BRIDGEPORT NORTH 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 Proctor and Redfern Limited, regarding the Colyer Estates Subdivision, 30T-97007." 5. Appointment It was resolved: "That Brock Stanley be appointed General Manager of Business and Planning Services effective May 10, 1999." MAY 17, 1999 COUNCIL MINUTES - 220 - COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 6. Licensin.q A.qreement - ROCKWAY-VICTORIA WARD CITY OF KITCHENER It was resolved: "That the Mayor and Clerk be authorized to execute an agreement dated May 5, 1999 to amend its licensing agreement dated April 25, 1991 with Kitchener Housing Inc., primarily to effect changes to landscaping responsibilities." 10. 11. 12. Execution of A.qreement It was resolved: "That the Mayor and Clerk be authorized to execute the formal portion of the Agreement with Orion Technology Inc. for the development of a Municipal Property Data Warehouse System, said agreement to be to the satisfaction of the City Solicitor; And further, that Council delegate to the Director of Information Services the authority to sign on behalf of The Corporation of the City of Kitchener the high level design document and the Project Plan and any subsequent amendments required thereto, attached as Appendix "A" and "B" respectively to the formal portion of the Orion Technology Inc.'s Municipal Property Data Warehouse System Agreement." Encroachment A.qreement - DOON-PIONEER WARD It was resolved: "That the Mayor and Clerk be authorized to execute an encroachment agreement with the owner(s) of the property municipally known as 63 Old Carriage Drive to permit the use of City owned property adjacent to the rear of the subject property for a flower and vegetable garden." Variance to Kitchener Municipal Code, Chapter 630 (Fence) - GRAND RIVER WARD Dealt with under Delegations Tenders Dealt with under Delegations Applications for Cancellation, Refund, Reduction or Levv of Taxes Dealt with under Delegations Massa.qist Licence Council was in receipt this date of a memorandum from J. Koppeser, Manager of Licensing, dated May 14, 1999. It was resolved: "That Christine Radojcin, employed at 2271 Kingsway Drive, Kitchener, be granted a Massagist Licence for the year 1999." COUNCIL MINUTES MAY 17, 1999 - 221 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 13. Licensin.q A.qreement - Billboard Advertisin.q Council was in receipt this date of correspondence from J. Shivas, City Solicitor, dated May 17, 1999 recommending the execution of a Licensing Agreement in regard to seven City owned sites. Councillor J. Haalboom inquired as to what form of regulation is in place concerning billboard content. Mr. J. Shivas replied that content is covered by a condition in the agreement, and that complaints in this regard should be referred to P. Houston, Chief Financial Officer and City Treasurer. Councillor T. Galloway noted that the sites referred to in the staff recommendation do not include a City owned site at the intersection of Wilson Avenue and Goodyear Drive. He indicated that it was his recollection that this site was offered at a reduced rate for a three year period in exchange for Gould Advertising removing a sign located at Westmount Road and Bleams Road. Councillor Galloway indicated that he believes the term of this agreement has lapsed and the company should be paying the full rate for this location. Council agreed to amend the staff recommendation to incorporate the comments of Councillor T. Galloway. It was resolved: "That the Mayor and Clerk be authorized to execute a Licensing Agreement, dated January 1, 1999, between the City of Kitchener and Pattison Outdoor, a division of Jim Pattison Industries Ltd. for billboard advertising on seven City sites, for a term of five years commencing January 1, 1999; and further, That the above be executed subject to a satisfactory resolution by the City Solicitor of the arrangement in regard to a sign located on City lands at the intersection of Wilson Avenue and Goodyear Drive." 14. Sale of Raffle Tickets - Studite Fathers Council was in receipt this date of a memorandum from J. Koppeser, Manager of Licensing, dated May 14, 1999 recommending that permission be granted. It was resolved: "That the City of Kitchener has no objection to the Studite Fathers, 196 Ferguson Dr., Woodstock, Ontario, N4V 1A6, being granted permission to sell tickets in the City of Kitchener for a raffle draw to be held on December 31, 1999 at the Studite Fathers organization location, 196 Ferguson Dr., Woodstock, Ontario, N4V 1A6.' 15. Monster Bingo and Break-Open Ticket Lottery - Big Brothers of Kitchener- Waterloo Council was in receipt this date of correspondence from J. Koppeser, Manager of Licensing, dated May 12, 1999 recommending endorsement of a provincial licence. It was resolved: "That the City of Kitchener has no objection to a provincial licence being issued to the Big Brothers of Kitchener-Waterloo, 451 Ottawa Street South, Kitchener, N2M 3P6, for a Monster Bingo and Break-Open Ticket Lottery to be held in the Kiwanis Arena at the Kitchener Memorial Auditorium Complex on October 11, 1999.' COUNCIL MINUTES MAY 17, 1999 - 222 - CITY OF KITCHENER COMMITTEE OF THE WHOLE Be REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 16. A.qreement to Lease - Parkin.q Lot (417 Kin.q Street West) Council was in receipt this date of correspondence from L. MacDonald, Assistant City Solicitor, dated May 17, 1999 recommending execution of an agreement with Wittington Properties Limited whereby the City would lease 417 King Street West for the purpose of operating a municipal parking lot. Councillor Jake Smola inquired whether a fee in this regard is established or negotiated independently, and J. Shivas, City Solicitor, suggested that the fee would be established by market conditions. Council agreed to the request of Councillor Jake Smola to defer consideration of the staff recommendation and refer same to the Special Council Meeting of May 25, 1999 pending a staff report specifically identifying the location, the proposed fee, and the rationale for same. 17. Charitable Refreshment Stand Licenses - Owl Child Care Services/Citizens Concerned with Crimes Against Children Councilor Jake Smola disclosed a pecuniary interest and abstained from all voting and discussion concerning the request from the Owl Child Care Services of Ontario for permission to operate a refreshment stand at the Chicopee Park Plaza as his wife is employed by that organziation. Council was in receipt this date of correspondence from J. Koppeser, Manager of Licensing, dated May 17, 1999 recommending approval of the requests from both organziations. It was resolved: "That Owl Child Care Services of Ontario, Kitchener, Ontario, be granted permission to operate a refreshment stand at Chicopee Park Plaza, 1601 River Road East, Kitchener, on June 5, 1999, provided the necessary Fire and Health approvals and licence are obtained; and further, That a nominal fee of $10.00 be applicable." -and- "That Citizens Concerned with Crimes Against Children, Kitchener, Ontario be granted permission to operate a refreshment stand in the Civic Square, Kitchener, on August 28, 1999 provided the necessary Fire and Health approvals and licence are obtained; and further, That a nominal fee of $10.00 be applicable." Councillor Jake Smola previously disclosed a pecuniary interest and abstained from all voting and discussion concerning the request from the Owl Child Care Services of Ontario for permission to operate a refreshment stand at the Chicopee Park Plaza as his wife is employed by that organziation. 18. Final Release - Grei.q Hicks and Allianz Canada Council was in receipt this date of correspondence from D. Arnold, Assistant City Solicitor, dated May 17, 1999 recommending execution of a final release. It was resolved: "That the Mayor and Clerk be authorized to sign a Final Release in favour of Greig Hicks and Allianz Canada in consideration of payment to the City of $9,724.33." COUNCIL MINUTES MAY 17, 1999 - 223 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 19. Offer to Purchase - Canderel Stoneridqe Properties Inc. Council was in receipt this date of correspondence from G. Sosnoski, Deputy City Clerk, outlining a staff recommendation, consideration of which was referred by Council on May 10, 1999 to the meeting this date. It was resolved: "That the City accept the Offer to Purchase from Canderel Stoneridge Properties Inc. for Lots 3C and 3D in Phase 1 of the Lancaster Corporate Centre, better known as Parts 4, 5, and 6 on Reference Plan 58R-10893, save and except Parts 1, 2, and 3 on Reference Plan 58R-11437 and Parts 7,8,9,10, 11, and 12 on Reference Plan 58R-10893, having an area of 3.452 acres at a total purchase price of $537,502.00 based on several conditions outlined in Business and Planning Services Department report #99/67; and further, That the Mayor and Clerk be authorized to execute any necessary documentation required by the City Solicitor."