Loading...
HomeMy WebLinkAboutCouncil Minutes - 1999-05-31COUNCIL MINUTES MAY 31, 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 Shannon Theune, King School of Vocal. Mayor C. Zehr thanked Miss Theune for her rendition of the National Anthem this date and remarked on her first place finish and two second place finishes in a recent music competition. On motion by Councillor C. Weylie, the minutes of the regular meeting held May 17, 1999 and special meetings held on May 17, May 19 and May 25, 1999, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED DIRECTLY TO FILE (a) Letter dated May 17, 1999 from the Honourable Michael D. Harris, Premier of Ontario commenting on Council's resolution of May 3, 1999, regarding funding for English as a Second Language (ESL) programs. Mayor C. Zehr stated that he wished to provide an update with respect to the strike by C.U.P.E. Local #68. In this regard he indicated that a tentative agreement had been reached and that the local membership would be voting on it on June 1, 1999 and if ratified, the agreement would then be considered by Council at a special meeting to be held later on June 1, 1999. Mayor Zehr commented that he appreciated the patience on the part of the public with the inconveniences experienced as a result of this labour disruption. He thanked management staff for their efforts during the strike and also the C.U.P.E. Union for allowing the Skills Canada Competition to proceed at the auditorium. Mayor C. Zehr advised that Mr. Fitzroy Vanderpool had won the World Boxing Federation Junior Middleweight Championship and in recognition of this achievement the Mayor, on behalf of Council and citizens, presented a Certificate to Mr. Vanderpool. Mr. Vanderpool thanked the community for the backing he has received that allowed him to win this world title on April 14, 1999. Mr. L. Gordon, Manager of Purchasing, was in attendance to answer any questions concerning the two tenders that were distributed this date. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That Tender T99-057, Ready Mix Concrete, be awarded to Tri City Readymix Limited, Kitchener at their tendered price of $109,210., plus G.S.T. and P.S.T." -and- "That Tender T99-060, Sun Enterprise 450 Server, be awarded to Arqana Technologies, Inc., Waterloo at their tendered price of $61,508.39, less $10,316.40 for Oracle8 Server (WG) V8.0.5.0 Solaris and $6,471.72 for Silver Support for Oracle Server which are not required; plus E450 Ultra Silver Maintenance at $3,801.41., plus G.S.T. and P.S.T." Carried· Mr. Leon Bensason appeared as a delegation to give a presentation and show slides in support of the reasons for designating 379 Glasgow Street under the Ontario Heritage Act, as recommended in the report of Heritage Kitchener (L.A.C.A.C.) of this date. Councillor J. Haalboom introduced one of the owners of the home who was in attendance this date and thanked them for their stewardship of this property. Moved by Councillor J. Haalboom Seconded by Councillor T. Galloway "That the report of the Heritage Kitchener (Local Architectural Conservation Advisory Committee) be adopted." Carried· COUNCIL MINUTES MAY 31, 1999 - 249 - CITY OF KITCHENER Mr. Michael Jaeger, of Graydon Sheppard, appeared as the solicitor for Mr. R. Zivkovic relative to relocation of his client's adult entertainment parlour. Council was in receipt of a memorandum dated May 31, 1999 from the Manager of Licensing concerning Mr. Zivkovic's request for Council approval to relocate his business to either 808 Courtland Avenue East or 647 King Street West. Mr. Jaeger advised that the Courtland Avenue East location was their preferred choice and it was proposed to occupy a portion of this large building comprising only 110 sq.m. which is under the maximum 125 sq.m. permitted by the by-law. Mr. Jaeger circulated photographs of the building taken from different angles and advised that a lease has not been drawn up given the short time span involved since identifying this location. He then referred to 647 King Street West which was his client's second choice and noted that the property does have residences behind it. He pointed out that a minor variance application would be required in respect to this property. Mr. Jaeger commented that Council had approved grace periods in the order of 60 days to other operators and in this regard requested approximately 90 days grace period to wind down the present business and prepare a new location for occupancy. He suggested that if Council did not wish to approve a grace period, it reference the court order in its decision relative to a new location. Councillor K. Taylor-Harrison pointed out that there were two schools in the vicinity of the 647 King Street West location. Mr. Jaeger advised that the schools were beyond the 100 metre distance separation requirement and that in the case of this property, if his client was to occupy it, he would like to occupy the maximum 125 sq.m. space permitted under the by-law. He noted that presently there was one commercial tenant and that his client proposed to buy the structure. Councillor J. Haalboom referred to the proposed location at 808 Courtland Avenue East in respect to signage and Mr. Jaeger advised that the sign would be in keeping with the by-law requirements and would face Courtland Avenue. Councillor B. Vrbanovic questioned if discussions had taken place between his client and the owner of the building with respect to leasing and Mr. Jaeger advised that there had been discussions and that the owner has committed to renting the structure. Councillor C. Weylie questioned if his client intended to lease any other premises in the building as the sign on 808 Courtland Avenue East specifies 8,000 sq.ft. for lease, and Mr. Jaeger replied in the negative. Councillor Weylie questioned if Mr. Jaeger was planning to approach the court to ask for an extension of operation at the Queen Street South location and he advised that he probably would have to but preferred to do so on consent. Mr. J. Shivas advised that he believed Council had granted grace periods in the past with regard to timing to bring applications forward and timing to put new premises in order for occupancy. He pointed out that May 31, 1999 was the last day of legal operation of the adult entertainment parlour at 91 Queen Street South and that jurisdiction in this matter rests with the court beyond today's date. Accordingly, he stated that any extension request would have to be granted by the court and not City Council. Councillor T. Galloway raised a question relative to the process under which Council was being asked to consider the latest relocation proposals of Mr. Zivkovic. He referred to Section 25.5.8 of Chapter 25 (Council Procedure) of the Municipal Code and questioned if the matter should be considered without notice. Mr. G. Sosnoski advised that it was his interpretation the matter under consideration this date was more in the order of unfinished business as opposed to new business particularily given that Mr. Zivkovic's solicitor was listed on the agenda as a delegation. Councillor Galloway commented that on May 25th Council held a special meeting and dispensed with proposed locations that Mr. Zivkovic wished to relocate to. Mayor C. Zehr stated that Council had only dispensed with specific addresses in regard to the matter of relocation of the business. Councillors J. Ziegler and M. Yantzi indicated that they were in agreement with the Mayor's position and that the relocation issue was a matter that has been the subject of ongoing consideration and was not new business. On a point of order, Mayor C. Zehr ruled that the proposed locations for relocation were legitimate issues that could be dealt with at this meeting. Councillor J. Ziegler referred to the 808 Courtland Avenue East site and pointed out that staff have indicated it meets all the Iocational criteria for an adult entertainment parlour. Further, he described the positive aspects of this site in that it was adjacent to the expressway, had no sidewalks in front, had an unpaved storage lot behind the building, had an apartment building to the rear approximately 150 to 200 feet away, had no access from Vanier Drive and no residents live beside or across from the building. He suggested that this site was probably one of the better locations that have come before Council in respect to this use and also commented that the City could not extend the court order relative to operation at the existing Queen Street South location. COUNCIL MINUTES MAY 31, 1999 - 250 - CITY OF KITCHENER Moved by Councillor Jake Smola Seconded by Councillor G. Lorentz "That we approve the request of Mr. Randy Zivkovic to relocate his adult entertainment parlour from 91 Queen Street South to 808 Courtland Avenue East conditional upon the applicant applying for a 1999 business licence and fulfilling the requirements of the licensing by-law, including obtaining the appropriate signatures and building permit, if required for renovations; and further, That Council not support a request for extension of the deadline in the Order of Justice Reilly which requires that the existing adult entertainment parlour at 91 Queen Street South cease operation May 31, 1999." A motion by Councillor C. Weylie to amend Councillor Jake Smola's motion so as to include specific reference to the maximum 125 sq.m. floor area permitted to be occupied under the by-law was not considered as it failed to receive a seconder. Mayor C. Zehr again referred to the Council's Procedural By-law and pointed out that it was his view Council at this time was dealing with a matter of unfinished business brought forward through the delegation process. Councillor G. Lorentz favoured approving the request but noted that the public generally opposes such operations. Councillor B. Vrbanovic stated that he would reluctantly support the recommendation and that it was his hope such operations would diminish in future. The motion of Councillor Jake Smola to approve the requested location at 808 Courtland Avenue East for an adult entertainment parlour operation was put to a vote and Carried. Mr. Brian Zeman, MacNaughton Hermsen Britton Clarkson, appeared as a delegation in place of Mr. B. Toderian to support Clause #3 of the Planning and Economic Development Committee report of this date. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That Clause #3 of the report of the Planning and Economic Development Committee of this date be adopted." Carried. Mr. Mark Bodrug, the TDL Group Limited (Tim Hortons), Oakville, appeared as a delegation to support Clause #2 of the report of the Planning and Economic Development Committee of this date. He applauded the City for undertaking a consultation process and looked forward to the opportunity to consider the drive-through issue within a larger scope and to rectify existing situations. Councillor J. Ziegler thanked the delegation for his comments but advised that it was his intent to ask for a deferral of Clause #2. He explained that he had discussed the matter with Planning staff and it would appear that the measures he had been suggesting would not accomplish what he had intended and accordingly it was his view more discussion should take place before dealing with the matter. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That Clause #2 of the report of the Planning and Economic Development Committee of this date be adopted." Moved by Councillor J. Ziegler Seconded by Councillor John Smola "That Clause #2 of the report of the Planning and Economic Development Committee of this date be deferred and referred to the June 14, 1999 Planning and Economic Development Committee meeting for further consideration." The deferral motion proposed by Councillor Ziegler was put to a vote and Carried. COUNCIL MINUTES MAY 31, 1999 - 251 - CITY OF KITCHENER Councillor Jake Smola suggested that as part of the Planning and Economic Development Committee consideration at its June 14th meeting, it refer the drive-through issue to the Environmental Committee for input. 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." Voted on clause by clause. Clause 2 - Dealt with under Delegations and action deferred and referred to the June 14, 1999 Planning and Economic Development Committee meeting for further consideration. Clause 3 - Dealt with under Delegations and Carried. Balance of report - Carried. Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That the report of the Finance and Administration Committee of this date be adopted." On motion by Councillor J. Ziegler, seconded by Councillor K. Taylor-Harrison, it was agreed to amend Clause #4 of the report to include revised wording combining the Committee recommendation with a recommendation listed under item B4 of the Committee of the Whole Agenda of this date dealing with the term and funding source for the loan. The report was put to a vote. Voted on clause by clause. Clause 4 - Carried, as amended. Balance of report - Carried. Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That the report of the Public Works and Transportation Committee of this date be adopted." Councillor J. Haalboom, in reference to Clause #1, questioned who paid for the 1994 Environmental Assessment Report and Mr. B. Stanley confirmed that it was paid for out of development charges. Mr. E. Kovacs commented that the environmental process identified preferred routes by ranking and that the issue at hand was related to timing only given that the length of time a report can sit dormant is limited. Councillor T. Galloway referred to Councillor Haalboom's concern as to how long such a report should have status noting that the subdivision ought to have commenced by now and there was the potential for new regulations to have come into force in the meantime. He questioned at what point a determination should be made that such a report should be done over again as a way of dealing with concerns relating to environmental assessments that have sat on the shelf for a lengthy period of time. Mr. Kovacs pointed to the five year time frame as well as stating that if major provincial policy changes are anticipated Council could react as it sees fit. The Public Works and Transportation Committee report was then put to a vote and Carried. Councillor J. Haalboom referred to a corporate goal and objective dealing with highway signage welcoming people to the City of Kitchener. She questioned where this issue stood and whether input from the Public Art Committee would be welcomed. Mr. T. Clancy advised that he was in charge of one aspect of the entrance feature issue and that a report has been tabled in this regard. Mr. P. Sinnott COUNCIL MINUTES MAY 31, 1999 - 252 - CITY OF KITCHENER advised that the Sign Committee is being chaired by Mr. R. Wyatt and an initial report has identified possible locations. He noted that the next phase of the process would be to ask City Council to approve the hiring of a consultant with respect to the entrance feature issue, that there was no time line involved and that input from the Public Art Committee would be welcomed at a later phase. Moved by Councillor Jake Smola Seconded by Councillor B. Vrbanovic "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to authorize the carrying out of the provisions of Chapter 650 and Chapter 665 of the City of Kitchener Municipal Code with respect to the property municipally known as 191 Benton Street, Kitchener (b) 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 (C) 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 (d) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code regarding Appointment - Staff Provincial Offences Act (e) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement (f) Being a by-law to set and levy the rates of taxation for City purposes for the year 1999 and to provide for the payment of taxes after interim taxes (g) 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 C. Weylie as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor C. Weylie Seconded by Councillor J. Haalboom "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor Jake Smola Seconded by Councillor B. Vrbanovic "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to authorize the carrying out of the provisions of Chapter 650 and Chapter 665 of the City of Kitchener Municipal Code with respect to the property municipally known as 191 Benton Street, Kitchener (By-law No. 99-95) (b) 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. 99-96) MAY 31, 1999 COUNCIL MINUTES - 253 - CITY OF KITCHENER (Cont'd) (c) To further amend By-law No. 94-'10'1, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (By-law No. 99-97) Being a by-law to amend Chapter '10'1 of the City of Kitchener Municipal Code regarding Appointment - Staff Provincial Offences Act (By-law No. 99-98) Being a by-law to amend Chapter '1 '10 of the City of Kitchener Municipal Code regarding By-law Enforcement (By-law No. 99-99) Being a by-law to set and levy the rates of taxation for City purposes for the year '1999 and to provide for the payment of taxes after interim taxes (By-law No. 99-'100) (d) (e) (f) (g) To confirm all actions and proceedings of the Council (By-law No. 99-101 ) 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 31, 1999 - 254 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE That Business and Planning Services staff report BPS 99/84 summarizing the outcome of posting of illegal signs by the Brick Furniture Warehouse Corporation, King Street East, be received for information. That the "Proposed By-law" dated March 31, 1999 and the proposed "Design Standards for Drive-through facilities" (DS-A-10. 1 ) attached to staff report BPS 99/61 be tabled; and, That staff be directed to make appropriate revisions to the proposed by-law and proposed design standards to separate drive-through operations from residential uses by either a 200 foot distance separation requirement or a concrete noise attenuation barrier of sufficient density and height to block noise from such operations; and, That the Department of the Business and Planning Services be directed to consult with appropriate representatives from the business community regarding the "Proposed By-law" and "Proposed Design Standards for Drive-through facilities"; and, That results of the consultation process be brought back to the Planning and Economic Development Committee for consideration at its meeting to be held October 25, 1999. (Dealt with under Delegations and Action Deferred and Referred to the June 14, 1999 Planning and Economic Development Committee meeting for further consideration) That City Council adopt Municipal Plan Amendment Application MP 99/1/D/LM (Infill Development on Private Water Supply in Limited Service Residential District - City-wide), being an Amendment to revise Part 3, Subsection 3.1.1, by adding the following new Policy 3.1.1.7: "3.1.1.7 Notwithstanding Policy 3.1.1.5(I) above, the creation of new infill lots, serviced with private water supply and individual septic systems, may be permitted in the following circumstances: a) where connection to a piped municipal water supply is not feasible, as determined in accordance with Policy 10.3.1.3 of the Regional Official Policies Plan; b) where appropriate servicing studies, verifying the suitability of the soils to accommodate individual septic systems and private wells have been approved by the City of Kitchener and the Regional Municipality of Waterloo; c) where the proposed infill lot(s) are surrounded on at least two sides by development existing on (date of approval), as opposed to development on lots which are set apart or would further extend an existing area of development; and, d) where the proposed lot(s) cannot reasonably be expected to develop by plan of subdivision and the creation of the proposed lot(s) would not jeopardize the orderly development of the remaining or adjacent lands." It is the opinion of this Committee that the approval of this Amendment to the Municipal Plan is proper planning for the City. (Dealt with under Delegations and Carried) COUNCIL MINUTES MAY 31, 1999 - 255 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - 1. That the following exemptions to Chapter 450 (Noise) of the Municipal Code be approved: Event Location Date Sunny Side of the Civic Square June 13, 1999 Street Global Beat - Croatian Culture Civic Square July 8, 1999 Salsa Civic Square July 15, 1999 - British Isles Civic Square July 22, 1999 - Germany Civic Square July 29, 1999 Toohie Tuesdays Civic Square July 6, 13, 20, 27, 1999 Double-Bill Tuesdays Goudies August 10, 17, 24, 31, Green 1999 Sunday Concerts - Summer in the City Blues Festival Victoria Park August15,1999 Time 2:00 - 4:30 p.m. 7:00 - 10:00 p.m. 7:00 - 10:30 p.m. 7:00 - 10:00 p.m. 7:00 - 10:00 p.m. 6:30 - 8:30 p.m. 7:30 - 9:30 p.m. 1:00 - 8:00 p.m. That we recommend City Council pass a by-law at its May 31, 1999 meeting, authorizing repairs to the exterior building at 191 Benton Street, as well as the removal of waste material, at the property owner's expense if this has not been done by the owner on or before June 4, 1999. That we approve the request of the family of the late Walter and Pearl McGibbon for an exemption to Chapter 210 (Cemeteries) of the Municipal Code to erect two additional upright memorials on Lots 79 & 80 in Section H-C in Woodland Cemetery. That Council approve the request of Globe Studios (K-W) for a $20,000 interest free community assistance loan to assist with the cost of renovating space in the former Lang Tannery for use as an artists studio; and, That the term of the loan be five years, and funds be advanced only when satisfactory proof of completion of the work has been received (i.e. presentation of invoices and physical inspection of the site by City staff); and further, That the Mayor and Clerk be authorized to execute any necessary loan agreement documents. (As Amended) That the City of Kitchener 1999 - 2002 Corporate Goals and Objectives, as considered at the May 25, 1999 Finance and Administration Committee meeting, be adopted. 6. That the levels of security at the Transit Terminal be increased as follows: a) That a minimum of two security officers be on duty from 2:30 p.m. to 12:30 a.m. Monday to Friday; and, b) That on Saturday one officer be on duty from 5:00 a.m. to 5:00 p.m. and two officers be on duty from 5:00 p.m. to 12:30 a.m.; and, c) That on Sundays and Statutory Holidays one officer be on duty from 7:00 a.m. to 5:00 p.m. and two officers be on duty from 5:00 p.m till 12:30 a.m.; and, d) That the Waterloo Regional Police Service be requested to increase their presence at the terminal through the establishment of a community based office within the terminal; and, e) That the existing video surveillance system be reviewed with a view to improvements to cover existing deficiencies including the front area of the building and light levels; and, COUNCIL MINUTES MAY 31, 1999 - 256 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 6. (Cont'd) f) Than an over expenditure of the 1999 budget, in the amount of $75,268.72, be approved; and further, That security at the Transit Terminal be reviewed in nine months time. HERITAGE KITCHENER (L.A.C.A.C.) 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, and mature deciduous and coniferous trees located in the front and right sideyards including large maple, spruce and clump birch tree species. 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. (Dealt with under Delegations and Carried) PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That Council re-approve the preferred alignment for the Middle and South Strasburg Creek Trunk Sanitary Sewer between Biehn Drive and Huron Road, as was outlined in the Schedule "B" Class Environmental Assessment report dated June 30, 1994; and further, That this report be filed with the City Clerk for the mandatory 30 day public review period. That parking be limited to two (2) consecutive hours, between 8:00 a.m. and 6:00 p.m., Monday to Friday, on the south side of Kennedy Avenue between Palmer Avenue to Kent Avenue; and further, That the Uniform Traffic By-law be amended accordingly. MAY 31, 1999 Be COUNCIL MINUTES - 257 - CITY OF KITCHENER COMMITTEE OF THE WHOLE 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." REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Uncollectable Utility Accounts It was resolved: "That Uncollectable Utility Accounts amounting to $91,568.48 be written off against the Allowance for Doubtful Utility Receivables." Licences a) Massagists It was resolved: "That the following massagist who is employed at 1412 Victoria St. N., Kitchener, be granted a Massagist Licerice for the year 1999: Monique Chenier-Bacon -and- That the following massagists who are employed at 2271 Kingsway Dr., Kitchener, be granted a Massagist Licerice for the year 1999: Janine Bernard Anna Jasinski. b) Food/Refreshment Distribution i) "Friends of Victoria School" Committee It was resolved: ii) "That the Victoria School Centre's "Friends of Victoria School" Committee be granted permission to operate a place of refreshment, at Victoria Park, on June 2, 1999 for their annual Intergenerational Picnic, provided the necessary Fire and Health approvals, and licence are obtained; and further, That a nominal fee of $10.00 be applicable." Coalition of K-W Christian Churches It was resolved: "That the City of Kitchener has no objection to the Coalition of K-W Christian Churches distributing fruit, desserts and refreshments in the City Hall Rotunda on June 15, 1999 from 7:00 p.m. to 9:00 p.m." COUNCIL MINUTES MAY 31, 1999 - 258 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 3. Encroachment A.qreement - ROCKWAY-VICTORIA WARD It was resolved: "That, subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Da Vinci's to permit the use of 8 feet, more or less, of sidewalk directly in front of Da Vinci's located at 271 King Street West and Jovana's located at 273 King Street West, for the operation of a sidewalk patio for the 1999 season." 4. Globe Studios Loan Request This matter was dealt with in the form of an amended recommendation under Clause 4 of the Finance and Administration Committee report of this date. 5. Release and Waiver with Bin.qeman Park Farms Limited re: Fire Department Training The Committee was in receipt of a memorandum, dated May 28, 1999 from L. MacDonald dealing with an offer by Bingeman Park Farms Limited to assist with Fire Department Training. It was resolved: "That the Mayor and Clerk be authorized to execute a Release and Waiver, to the satisfaction of the City Solicitor, with Bingeman Park Farms Limited for the use by the City of Kitchener Fire Department of its wave pool facilities for the purpose of water rescue training for the 1999 and 2000 seasons." 6. Encroachment Agreement - Owner of 165 Fairway Road North The Committee was in receipt of a memorandum dated May 31, 1999 from L. MacDonald pertaining to installation of a bus shelter and concrete pad. It was resolved: "That the Mayor and Clerk be authorized to execute an encroachment agreement, satisfactory to the City Solicitor, with the registered owner of Part Lots 30 and 31, Plan 959, municipally known as 165 Fairway Road North, to permit the construction and maintenance of a City owned bus shelter which will extend nine (9) metres, more or less, along the Fairway Road North frontage of the subject lands to a depth of three (3) metres, more or less." 7. Relocation of Tuff Club Tele-Theatre The Committee considered a memorandum dated May 31, 1999 from J. Koppeser advising that The Tuff Club requests permission to relocate from 4278 King Street East to 4263B King Street East. It was resolved: "That the City of Kitchener has no objection to the relocation of The Tuff Club to 4263B King Street East, Kitchener, provided the necessary licence is obtained, including, if required, an occupancy permit and/or a building permit." COUNCIL MINUTES MAY 31, 1999 - 259 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 8. Massa.qist Licence A memorandum dated May 28, 1999 from J. Koppeser was distributed. It was resolved: "That the following massagist who is employed at 1412 Victoria St. N., Kitchener, be granted a Massagist Licence for the year 1999: Kelli-Sue MacKinnon." 9. Kitchener-Waterloo Career Connections re: Food/Refreshment Distribution A memorandum dated May 27, 1999 from J. Koppeser was circulated asking for Council's direction pertaining to a request for permission to distribute lemonade on June 3 and 17 and to operate a barbeque on June 16, 1999. It was resolved: "That the City of Kitchener has no objection to Kitchener-Waterloo Career Connections distributing refreshments in the Civic Square opposite Williams Coffee Pub on June 3 and June 17, 1999from 11:00 a.m. to 2:00 p.m.; and, That Kitchener-Waterloo Career Connections be granted permission to operate a place of refreshment at Kitchener City Hall, on June 16, 1999 from 11:00 a.m. to 2:00 p.m., provided the necessary Fire and Health approvals and licence are obtained; and further, That a nominal fee of $10.00 be applicable."