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HomeMy WebLinkAboutCouncil Minutes - 1999-08-30COUNCIL MINUTES AUGUST 30, 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 Miss Meghan Haehn of the King School of Vocal. Mayor C. Zehr thanked Miss Haehn for her rendition of the National Anthem this date and commented on her musical successes as well as pointing out that she would be entering Wilfrid Laurier University in the Fall. Before consideration of acceptance of Council's July 5, 1999 minutes, Councillor J. Haalboom requested that she be recorded as being opposed to the resolution of that date in which the City entered into an agreement to loan up to $4.4 million to the owner of Market Square Shopping Centre. By general consent, it was agreed to accept an amendment in this regard. On motion by Councillor Jake Smola, the minutes of the regular meeting held July 5, 1999, as amended this date, and special meetings held on July 5, 1999 and August 16, 1999, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED DIRECTLY TO FILE (1) Correspondence from the Honourable Elizabeth Witmer, MPP, responding to Council's July 5, 1999 resolution encouraging the Province to phase out coal-fired electricity generation. Mr. L. Gordon, Manager of Purchasing, was in attendance to answer any questions concerning the tenders listed under Item B.7 & 8 of the Committee of the Whole agenda of this date. Council first dealt with Item B.7 of the Committee of the Whole agenda which listed the tenders/expressions of interest that were reviewed and approved by the Chief Administrative Officer due to City Council summer meeting schedule. Councillor J. Ziegler referred to Tender T99-018 and questioned the rationale for choosing a bid that was $2,000 plus higher than another bid. Mr. Gordon explained the nature of the tender involving a number of high volume items and discounting of other small volume items. He noted that the company with the slightly lower price not provide the information requested and that staff had no way to analyze the bid. Councillor J. Haalboom questioned item (v) being the request to waive the tendering process for Stage 4 Archaeological Assessment - Huron Road and if any indication of the hours committed had been provided. Mr. B. Stanley advised that the initial historical work was completed on behalf of the developer and that the funds for the assessment would be coming out of the development charge fund. Moved by Councillor G. Lorentz Seconded by Councillor K. Taylor-Harrison "That Council ratify the Chief Administrative Officer's decisions, undertaken according to policy respecting Council's summer meeting schedule, awarding Tenders/Expressions of Interest as follows: i) T99-018 - Cleaning Chemicals & Operating Supplies Awarded to: Wood Wyant Inc., Pickering ON Adjusted tender price: $142,917.77, plus G.S.T. and P.S.T. ii) T99-063 - Farmers' Market Cooler Replacement: Phase 3 Awarded to: Cassidy's Ltd., Toronto, ON Tendered price: $75,508.20, plus G.S.T. iii) T99-067 - Confined Space Entry Equipment Awarded to: Safety Today Ltd., Brantford, ON Tendered price: $57,884.22, plus G.S.T. and P.S.T. iv) E99-068 - Consultant Services - Master Storm Water Management Policy Awarded to: Totten Sims Hubicki Associates, Waterloo, ON Estimated fee based on negotiation of satisfactory contract: $70,714.16, including G.S.T. COUNCIL MINUTES AUGUST 30, 1999 - 334 - CITY OF KITCHENER v) Request to Waive Tendering Process - Stage 4 Archaeological Assessment - Huron Road Requested Award: Archaeologix Inc. Estimated Cost: $15,600." Carried. The tenders listed under Item B.8 of the Committee of the Whole agenda for consideration this date were then dealt with. Councillor J. Ziegler questioned Tender T99-003 - Emergency Support/Rescue Vehicle. Mr. L. Gordon commented on the tender submitted and Mr. B. Kuntz, Deputy Fire Chief, provided background information respecting details relative to the tender and submissions in that regard. Mayor C. Zehr questioned how the purchase price compares to the City's budget figures and staff pointed out that the cost was within budget out of a reserve account. Mayor Zehr asked that in future staff document the monies held in a reserve fund to finance recommended purchases. Councillor T. Galloway questioned Tender T99-064 - Kitchener Memorial Auditorium Complex Roof Replacement. He noted that the lowest bid had provided a substitute roof membrane material. In this regard he questioned if the City's tender had solicited alternate materials and if a verification process was in place to evaluate alternate material. Mr. Gordon advised that the tender contained a section where alternate material could be included but the low bid did not include any evidence to verify that the substitute material was equal to the specified material in the tender and therefore it had been recommended not to accept the low bid. Further, he noted that the City has been specifying brands because of the wide and varying quality of material available in the market place. Moved by Councillor G. Lorentz Seconded by Councillor K. Taylor-Harrison "That Expression of Interest E99-075, Consultant Services - Glasgow Street Reconstruction (Fischer-Hallman Road to Knell Drive), be awarded to MTE Consultants Inc., Kitchener, at their estimated fee of $131,950., plus G.S.T., based on a satisfactory contract being negotiated and an upset fee being established, and further that the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." -and- "That Expression of Interest E99-076, Consultant Services, Union Boulevard Reconstruction (Esson Street To Kitchener Boundary), be awarded to Planning and Engineering Initiatives Ltd., Kitchener, at their estimated fee of $66,586.30, plus G.S.T., based on a satisfactory contract being negotiated and an upset fee being established, and further that the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." -and- "That tender T99-083, River RoadNeronica Drive Wastewater Pumping Station, be awarded to Sierra Construction (Woodstock) Limited, Woodstock, Ontario, at their tendered price of $333,418.42, including G.S.T. and a contingency allowance of $32,826." -and- "That tender, T99-086 - Recycling of Asphalt and Concrete, be awarded to VanZwol Ltd., Waterdown, Ontario at their tendered price of $189,000. (plus G.S.T. and P.S.T.)" -and- "That tender T99-064, Kitchener Memorial Auditorium Complex Roof Replacement, be awarded to Nedlaw Roofing, Breslau, at their tendered price of $71,972.00., plus G.S.T." -and- That tender T99-004, Slurry Seal Resurfacing, be awarded to Miller Paving Limited, Markham, Ontario at their tendered price of $75,400. (plus G.S.T.) -and- COUNCIL MINUTES AUGUST 30, 1999 - 335 - CITY OF KITCHENER "That tender, T99-003 - Emergency Support/Rescue Vehicle, be awarded to SVI Trucks, Loveland, Colorado at their tendered price of $588,587., (plus G.S.T. & P.S.T.), subject to a final agreement being negotiated at a pre-build meeting." Carried. Mr. Paul Grespan appeared as a delegation on behalf of Hallman-Brierdale, Teakwell Developments and Northlake Homes along with Messrs. Paul Britton, P. Rooney and L. Hallman in support of clause 3 of the Planning and Economic Development Committee report dealing with the development process in the Grand River South Community. Mr. Grespan pointed out that he had appeared at the August 16 Planning and Economic Development Committee meeting and did not intend to repeat his remarks made that date. He commented that the Committee recommendation was both fair and appropriate in respect to the planning for the Grand River South Community. In response to Councillor T. Galloway, he stated that if Council passed the Committee recommendation, the developers would work with staff and undertake to defer the Ontario Municipal Board appeals of the Official Plan Amendment, Zone Change and Subdivision Applications. Councillor Jake Smola referred to the appearance of Mr. Paul Grespan at the December 14, 1998 Council meeting in which he supported a recommendation which Councillor Jake Smola had introduced at that meeting concerning airport operations and expansion. He questioned if Mr. Grespan thought that additional residential development would create a bigger problem respecting the airport and Mr. Grespan advised that he did not think the development would, given the work that is ongoing at the Region pertaining to airport operation. Councillor Jake Smola raised a number of issues and Messrs. P. Grespan and P. Britton responded on matters involving the airport business plan, airport committee membership composition, a Forwell Development in Woolwich Township being secondary to sewer servicing requirements of developable land in Kitchener, NEP Contours, NEF Lines, reference in the Regional Plan to NEF, the volume of aircraft movements and mix of aircraft type utilizing the airport and airport capacity. Councillor B. Vrbanovic commented that one of the most important issues is the matter of noise and noise warning clauses and he questioned if the developers would agree to installation of large signs at the entrances to subdivisions warning of noise affecting the lands as a result of airport operations. Mr. P. Britton advised that his clients would agree to such signage at the entrances to the community and would also be willing to place a warning clause on title for every lot in their subdivisions. Councillor J. Haalboom questioned if it was not the City's obligation to follow Provincial policy statements and Mr. Britton agreed it was a definite consideration. He noted that the subdivision plans had been redesigned to accommodate Provincial policy which is more restrictive and that they had therefore had regard to the Provincial Policy Statement in planning of the subdivision. Councillor Haalboom quoted a clause from a standard deed in which the property owners guaranteed not to object to future planning within the area. Mr. P. Grespan responded that the clause had nothing to do with the matter of noise and dealt with future development of lands to be undertaken by the developer. He commented that the noise warning clauses serve the purpose of alerting people to issues relating to the matter of noise from airport operations. Councillor C. Weylie asked that Mr. P. Britton comment on the length of time it has taken to develop and reach the planning approval stage in Grand River South. Mr. Britton advised that he has been involved since 1985 first working on the secondary plan and then the possibility of full servicing which arose and was subsequently reflected in the 1994 Municipal Plan. He noted that in 1995 he began the detailed background planning processes which have now been completed along with various studies in that regard. He noted that his clients have incurred soft costs in excess of $1,000,000 and that he had made representations concerning the developments throughout the staging of development process. Finally, Mr. Britton commented that his clients had been seeking a 1999C priority in the staging of development process but had settled for the year 2000A priority. Mr. Paul Puopolo, Planning & Engineering Initiatives, appeared as a delegation in support of clause 3 of the Planning and Economic Development Committee report and distributed a submission dated August 30, 1999 on behalf of his clients Rockway Holdings and the Grand River Conservation Authority. Maps were attached to his submission and he displayed a detailed subdivision map on the overhead outlining a portion of the Grand River South Area closest to the airport runway. Included with his submission was a copy of the presentation which he made this date in summary form. In this regard, he noted that the airport and the residential community can co-exist if the following measures are implemented through the Official Plan process and ongoing consultation: · better management of the airport COUNCIL MINUTES AUGUST 30, 1999 - 336 - CITY OF KITCHENER · ongoing monitoring, consultation and community group meetings · working to improve and update the business plan for the airport · reorganized land uses in the community providing parkland within the limit of development line · noise attenuation provisions to be undertaken Reasoning with respect to their development proposal was outlined in six points contained in Mr. Puopolo's presentation. Further, it was pointed out that to date his clients had not appealed to the Ontario Municipal Board, but have put the Board on notice that they may be attending the pre-hearing meeting scheduled for October 18, 1999 and may be a full participant. He noted that his clients do have to reconsider their position as it was their understanding that the community plan was to have been dealt with in June, 1999. In summary, he asked that Council support the committee recommendation instructing staff to continue processing the Grand River South plan and all residential development applications. Finally, he requested staff implement the five measures dealing with provisions for noise attenuation in order that the airport and the residential uses can co-exist. Councillor B. Vrbanovic questioned if Mr. Puopolo's clients would agree to the signage requirement at entranceways to the subdivisions as discussed earlier and Mr. Puopolo indicated they would. Mr. Bud Witter appeared as a delegation representing the Waterloo Regional Airport Business Association to comment with respect to Clause 3 of the Planning and Economic Development Committee report. Mr. Witter stated that his concern was that residential growth near the airport would negatively impact its operations. In this regard, he circulated and displayed an example of airport noise warning signage erected to advise prospective home buyers of the potential noise impact from aircraft utilizing Pearson International Airport and asked that similar signage be required if the residential developments were to proceed. Mr. Witter also referred to the contents of Council's December 14, 1998 resolution dealing with airport operations and expansion. In response to Councillor J. Haalboom, Mr. Witter pointed out that there was a need for night time flights at the airport and gave examples of companies that were dependent on deliveries. Further, he commented that it should be expected that aircraft traffic was going to increase over time. Councillor J. Ziegler questioned if the businesses operating out of the airport were prepared to compensate land developers to encourage change of designation of their lands from residential to some other use. Councillor B. Vrbanovic questioned if Mr. Witter believed the airport and the residential community could co-exist as long as there was ongoing dialogue. Mr. Witter responded that they had been working toward this objective with the existing community not to mention the new community. He stressed that his main point was that prospective property owners be fully aware of the operations so as to make an informed decision to proceed with their intent to purchase property in an area near to airport operations. Councillor Jake Smola referred to the findings of the Airport Noise Management Committee and questioned where the majority of complaints originated which Mr. Witter advised were in existing residential neighbourhoods impacted by the Runway 07/25. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That Clause 3 of the Planning and Economic Development Committee report of this date be adopted." Councillor J. Ziegler requested a recorded vote in regard to Clause 3. Councillor Jake Smola advised that he wished to raise a point of order with respect to Clause 3 as he viewed it as contradictory to the Council resolution of December 14, 1998. Councillor J. Ziegler maintained that there was no substance to the point of order as the December 14, 1998 resolution relates to the airport authorities being requested to consider issues relative to the airport operation and the possibility of future expansion. Councillor Jake Smola commented that his interpretation of the December, 1998 resolution was that the City had identified and communicated a problem relative to the airport and adjacent residential development. Mayor C. Zehr stated that he considered the 1998 resolution to be direction to the airport and the Region of Waterloo to deal with issues related to airport operations and options. Accordingly, Mayor C. Zehr ruled that the point of order raised by Councillor Jake Smola was not sustainable. A motion by Councillor Jake Smola, seconded by Councillor J. Haalboom, was put forward to appeal the decision of the Mayor. COUNCIL MINUTES AUGUST 30, 1999 - 337 - CITY OF KITCHENER Mayor C. Zehr put the following question to the Council: "Will the ruling of the Mayor be sustained?". On motion, all members of Council supported the ruling except Councillors Jake Smola and J. Haalboom. Councillor B. Vrbanovic proposed a friendly amendment that was accepted by the Mover and the Seconder of Clause 3 of the report that would direct staff to include a clause in all future development agreements pertaining to Grand River South requiring that airport noise warning signage be erected at entranceways to subdivisions with appropriate wording of the sign to be determined as part of the planning process with an example of such wording being that provided in the case of Pearson International Airport. Councillor J. Haalboom commented on the fact that airport traffic will increase and that demands will increase the pressure to accommodate increased numbers of night flights at the airport. Councillor Jake Smola stated that in his view, Council was not accepting the professional planning advice being provided by staff and suggested that if the City owned the airport, Council's position would be different. It was his view that residential use of the lands adjacent to the airport was incompatible with the airport and constituted poor planning. He suggested that a business park use would be an excellent one for the subject lands in Grand River South. Councillor Jake Smola noted that he had been sitting on airport committees for three years and that the recommendation to proceed with residential development was confusing to him. He indicated he would find it impossible to sit on committees dealing with airport noise complaints when Kitchener Council by its planning actions was increasing the likelihood of additional future noise complaints. Mayor C. Zehr pointed out that no matter what action Council took, it did not change the situation involving existing residents in the area who have complained of noise from airport operations. Councillor K. Taylor-Harrison pointed out that she voted against the recommendation at the Planning and Economic Development Committee meeting but that she was now prepared to support it in view of the position of the Lackner Woods Residents Association in not opposing additional residential development and the requirement for erection of noise warning signs at entranceways to subdivisions. She commended staff for bringing their concerns forward regarding the planning of Grand River South. Councillor B. Vrbanovic stated that he had abstained at the Committee meeting but was now prepared to support the Committee recommendation in view of the noise warning signage and support of the Lackner Woods Residents Association as well as his own view that noise pertaining to the airport should be dealt with at the operational level. Mayor C. Zehr commented that to change the Municipal Plan designation of the lands to a Commercial or Industrial use would generate more traffic and noise within the area than would a Residential use. Councillor C. Weylie remarked on the importance of the airport as key to fostering economic development. A recorded vote on the motion to adopt Clause 3 of the report, including a friendly amendment proposed by Councillor B. Vrbanovic, was taken. In Favour: Mayor C. Zehr and Councillors T. Galloway, G. Lorentz, J. Ziegler, C. Weylie, B. Vrbanovic, John Smola, M. Yantzi and K. Taylor-Harrison. Contra: Councillors Jake Smola and J. Haalboom. Motion Carried. Mr. John Weber, Chair, Kitchener Tournament Baseball and Mr. Max Rausch, Business Manager, appeared as a delegation in support of a request outlined in correspondence dated August 18, 1999 requesting extension of their Bingo License to facilitate hosting of the Canadian Junior Championships in the year 2000 and to also request extension beyond 2000 so as to continue to hold Minor Baseball Championship events. Councillor T. Galloway noted that the organization has received a letter guaranteeing the opportunity to host tournaments in future years and formal confirmation would follow shortly. COUNCIL MINUTES AUGUST 30, 1999 - 338 - CITY OF KITCHENER Moved by Councillor T. Galloway Seconded by Councillor G. Lorentz "That the Kitchener Tournament Baseball be granted permission to hold bingos until August 31, 2000, provided the revenues are used exclusively to host the National Junior Baseball Championship Tournament; and further, That we recommend to staff and the future Council, that should Kitchener Tournament Baseball be awarded another Championship Tournament, they be granted a Bingo License, subject to satisfying the Bingo License requirements, with all revenue so generated to be used to host the events." Carried. Ms. Pat McLean, Executive Director, Habitat for Humanity, Waterloo Region Inc., appeared as a delegation in support of her August 20 correspondence attached to Committee of the Whole agenda of this date. She advised that Habitat was constructing a semi-detached home on Sydney Street and requested exemption from the provisions of the City's Noise By-law so as to allow volunteers to work during evening hours to 9 p.m. She took this opportunity to express thanks to members of the Public Works Department who volunteered their own time to do the necessary service hookups to the new dwellings. Moved by Councillor M. Yantzi Seconded by Councillor J. Ziegler "That Habitat for Humanity, Waterloo Region Inc. be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code, Article 6 (Construction Work), during the building of a semi-detached house at 84-88 Sydney Street South and all related work between the hours of 6 p.m. to 9 p.m. during the period from August 23, 1999 to September 4, 1999." Carried Mr. Paul Parker and Mr. Donald Eaton appeared as a delegation to make a PowerPoint presentation on the Residential Energy Efficiency Project (R.E.E.P) being jointly run by the Elora Centre for Environmental Excellence and the University of Waterloo. Information pertaining to the project was distributed to Council this date. Mr. Parker acknowledged Kitchener's energy conservation measures and that Kitchener had joined the 20% Club. He noted that reductions in CO2 emissions could be achieved through housing upgrades proposed under the program if recommendations after a one to three hour evaluation process were undertaken by the homeowner. He outlined the program which involves individualized reporting and rating of homes and production of a chart of proposals to implement improvements. Benefits of the program include lower carbon emissions, energy saving, lower utility bills and stimulation of the local economy through retrofit work. He advised that the home inspection evaluation had a value of up to $350 and that for 1999 the cost to the homeowner would be $25. However, for the year 2000 the price of the evaluation was proposed at a cost of $25 to the homeowner with $10 support from each of the City and the Region. It was noted that the program was a broadly based community initiative that was strongly supported by private and public enterprises and that it was planned to officially launch the project in Kitchener-Waterloo on October 1, 1999. It was requested that Council consider endorsement, promotion and financial support of the undertaking. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Ziegler "That the request for support of the Residential Energy Efficiency Project (R.E.E.P) be referred to the Environmental Committee for consideration at its meeting of Thursday, September 9, 1999 with any recommendation arising therefrom as well as any related funding request to be considered at the Finance and Administration Committee and Special Council meetings of September 13, 1999." Carried. Mr. Mark Klein, Hamilton, appeared as a delegation in support of the recommendation on the Committee of the Whole agenda with respect to Committee of Adjustment Submission S 5/99. On motion by Councillor J. Ziegler, seconded by Councillor G. Lorentz, it was indicated the recommendation would be approved. COUNCIL MINUTES AUGUST 30, 1999 - 339 - CITY OF KITCHENER Mr. Weldon Johnston appeared as a delegation in support of the Committee of the Whole recommendations pertaining to Committee of Adjustment Submission Nos. F 8/99 and F 9/99. On motion by Councillor J. Ziegler, seconded by Councillor M. Yantzi, it was indicated the recommendation would be approved. Councillor J. Ziegler questioned Committee of Adjustment Submission No. F 6/99 and Ms. J. Given provided explanation of the request and what was permissible under the by-law. Mr. B. McKenzie advised that he was a neighbouring property owner that had objected to Submission No. F 6/99 and outlined his reasons. Further he noted that Traffic staff did not approve of the fence between 155 and 139 Markwood Drive. On motion by Councillor J. Ziegler, seconded by Councillor G. Lorentz, it was indicated the two Committee of Adjustment recommendations relative to Submission No. F 6/99 pertaining to approval of part of the submission and refusal of part of the submission would be accepted. All of the recommendations of the Committee of Adjustment were then formally dealt with. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of July 20, 1999, recommending approval of Submission No. F 5/99 - John & Michelle Kristof- Be Ratified & Confirmed." -and- "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of July 20, 1999, recommending approval of part of Submission No. F 6/99 - Denise & Linda Rouault, being legalization of an existing fence, 1.82 m (5.9 ft.) in height, located between 155 and 161 Markwood Drive - Be Ratified & Confirmed." -and- "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of July 20, 1999, recommending refusal of part of Submission No. F 6/99 - Denise & Linda Rouault, being legalization of an existing fence, 1.2 m (4 ft.) in height, located between 139 and 155 Markwood Drive - Be Ratified and Confirmed." -and- "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of July 20, 1999, recommending approval of Submission Nos. S 5/99 - Donald Roedding, S 6/99 - Blue Spruce Properties and S 7/99 - Regional Municipality of Waterloo - Be Ratified & Confirmed." -and- "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of August 17, 1999, recommending approval of Submission Nos. F 8/99 - Weldon & Kathe Johnston and F 9/99 - Steve Habermehl - Be Ratified & Confirmed." -and- "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of August 17, 1999, recommending approval of Submission No. S 8/99 - Waterloo Regional Credit Union - Be Ratified & Confirmed." Carried Mr. J. Shivas advised that Mr. Michael Weinberg was listed on the agenda with regard to Clause 2 of the Planning and Economic Development Committee report and third reading of the by-law to close and sell a portion of Glasgow Street. He indicated that Mr. Weinberg has requested deferral of the by- law as has Mr. Grant Scheifele and suggested the matter be considered at the Special Council meeting to be held September 13, 1999. COUNCIL MINUTES AUGUST 30, 1999 - 340 - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That Clause 2 of the Planning and Economic Development Committee report of this date be amended to provide that final reading of the proposed by-law to close and sell portions of Glasgow Street be deferred and referred for consideration at a Special Council meeting to be held September 13, 1999." Carried. With this action the by-law listed as item 12 (n) on the agenda for third reading respecting Glasgow Street was withdrawn from consideration this date. Mr. Dave Moore, General Manager, Crock and Block Restaurant, 1211 King Street East, appeared as a delegation in regards to clause 9 of the Community Services Committee report. A request to remove trees at the restaurant had been deferred and referred to the meeting this date to allow Mr. Moore and Mr. M. Mahaffey, Parks & Recreation Department, the opportunity to attend the meeting. Mr. Moore provided details of damage the trees have caused to both equipment of the restaurant and the clothing of restaurant patrons. He indicated that when the trees were removed, he was prepared to install a retractable canopy over the outdoor patio area in place of patio umbrellas which are often picked up by the wind and blown toward King Street. In response to Councillor J. Ziegler, Mr. Moore indicated a willingness to plant three small trees on the strip of land between the restaurant and the adjoining business. Further discussion followed with regard to improvement of the area affected by the tree removal. Moved by Councillor M. Yantzi Seconded by Councillor G. Lorentz "That Clause 9 of the Community Services Committee report of this date be deleted and replaced with the following: 'That we accede to the request of Mr. Dave Moore, General Manager of the Crock and Block Restaurant, 1211 King Street East to remove three trees located on the Sydney Street side of the Restaurant, subject to the Crock and Block agreeing to install ornamental landscaping in their place and to plant three replacement trees along their property line with the abutting business, all of which is to be subject to the satisfaction of the General Manager of Parks and Recreation."' Carried. Ms. Val Rotar, Stanmore Avenue, appeared as a delegation in support of Clause 1 of the Community Services Committee report. She detailed the problems brought about as a result of the walkway and requested endorsement of the Committee recommendation. Councillor Jake Smola pointed out that a staff report referred to the cost of installation of steps within the existing walkway and Mr. T. Clancy commented on this issue. Councillor Jake Smola stated it was his hope in future that during the project review process, staff would catch such issues as the substantial grade elevation difference which exists between 57 and 61 Stanmore Avenue. Moved by Councillor T. Galloway Seconded by Councillor B. Vrbanovic "That Clause 1 of the report of the Community Services Committee of this date be adopted." Carried. Ms. Sandy Millar, K-W Tourism, appeared as a delegation along with Mr. Bob Smith in support of Clause 2 of the Community Services Committee report of this date. Clause 2 of the report deals with a request to endorse Kitchener-Waterloo Tourism's marketing proposal for a millennium celebration. Ms. Millar advised that their requested resolution had been endorsed unanimously by the City of Waterloo this date. She indicated that at this time it was expected the celebration take place the third or fourth week of June approximately between the dates of June 21 to 25 and commented on aspects of the festival celebration. Councillor M. Yantzi stated that there appeared to be a problem with the proposed dates given that an annual major festival was scheduled one week later and Ms. Millar advised that the date of the COUNCIL MINUTES AUGUST 30, 1999 - 341 - CITY OF KITCHENER K-W Tourism Proposal was still flexible. Mr. T. Clancy was of the view that the two events could each be undertaken successfully and agreed there should be some separation between them. Ms. L. Ferguson also appeared as a delegation to offer her comments and further comments were made by Councillor K. Taylor-Harrison and Mr. T. Clancy respecting the matter. Councillor J. Haalboom questioned what K-W Tourism's expectation would be in terms of money and staffing needs if Council was to endorse the Committee recommendation. Ms. Millar explained that the purpose of the resolution was for the celebration to be inclusionary, not exclusionary and that their wish was to establish a global theme. Councillor B.Vrbanovic proposed an additional phrase be included in Clause 2 clarifying that it be understood Council's support does not prejudice or supercede the grant application recommendations to be made by the City's Millennium Committee. Moved by Councillor T. Galoway Seconded by Councillor G. Lorentz "That Clause 2 of the report of the Community Services Committee of this date be adopted with an amendment providing that it is understood Council's support does not prejudice or supercede the grant application recommendations to be made by the City's Millennium Committee." Carried Councillor J. Haalboom asked that Council members be mindful of the limits of staff participation and resources to support these types of projects during the year 2000. Mayor C. Zehr temporarily vacated the Chair and was replaced by Councillor Jake Smola, Acting Mayor. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee report of this date be adopted." In reference to Clause 2 of the report Councillor C. Weylie stated that it was her hope the parties would find a solution respecting the Glasgow Street closure and sale. Mr. J. Shivas advised it was his understanding the two parties would be communicating prior to the September 13 Special Council meeting. Further, he advised that he had received notice this date of an Order of Foreclosure and that the Scheifele Trust was now the legal owner of lands previously in the name of the numbered company. The report was then voted on clause by clause. Clauses 2 & 3 - Dealt with under Delegations and Carried, as amended. Balance of report - Carried. Mayor C. Zehr re-entered the meeting and assumed the Chair. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Clause #8 of the Community Services Committee report of this date be adopted." Carried· Recorded Pecuniary Interest and Confict: Clause 8 Councillor T. Galloway as he is employed by the Kitchener Rangers Hockey Club. COUNCIL MINUTES AUGUST 30, 1999 - 342 - CITY OF KITCHENER Moved by Councillor T. Galloway Seconded by Councillor G. Lorentz "That excluding Clause 8, the balance of the report of the Community Services Committee of this date be adopted." Voted on clause by clause. Clauses 1 & 9 - Dealt with under Delegations and Carried. Clause 2 - Dealt with under Delegations and Carried, as amended. Balance of report - Carried. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That the report of the Finance and Administration Committee of this date be adopted." Mr. B. Stanley advised that Community Awareness Councils had been discussed by Management Committee and it was his view the suggestions made at the Finance and Administration Committee could be implemented but would take time. He recommended that the matter be brought back to a future meeting of the Finance and Administration Committee. It was noted that approval to add the Doon Awareness Council for coverage under the City's Insurance Policy was requested at this time, rather than be delayed. On motion by Councillor J. Ziegler, seconded by Councillor G. Lorentz, it was agreed to amend the Clause 4 of the report to provide for deferral and referral to the October 25, 1999 Finance and Administration Committee meeting and to authorize approval for the Doon Awareness Council to be added for coverage under the City's Insurance Policy. The report was then voted on clause by clause. Clause 4 - Carried, as amended. Balance of report - Carried. Moved by Councillor J. Haalboom Seconded by Councillor T. Galloway "That the Heritage Kitchener report of this date be adopted." 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." On motion by Councillor John Smola, seconded by Councillor B. Vrbanovic, it was agreed to amend Clause 7 of the report so as to provide that the contract for providing BusPlus service be tendered and it was also agreed to amend Clause 8 to refer to a total revenue of $680,000 rather than a total cost of $680,000. The report was then voted on clause by clause. Clauses 7 & 8 - Carried, as amended. Balance of report - Carried. Councillor T. Galloway raised the issue of the School Boards being able to fund new school sites through the Lot Levy process. He suggested that the City should be communicating with the School Boards to express our interest and concern as to the objective of keeping lot levies as low as possible COUNCIL MINUTES AUGUST 30, 1999 - 343 - CITY OF KITCHENER and to discourage their undertaking non-residential lot levies. He asked that the City advise the School Boards of its wish to be included within the process and Mayor C. Zehr agreed to communicate with the School Boards in this regard. Councillor M. Yantzi referred to delay that has been experienced in regard to the KOR Gallery Expansion Project. He noted that the building permit has now been issued and that construction was anticipated to be completed by Christmas, 1999. A motion was put forward by Councillor M. Yantzi, seconded by Councillor G. Lorentz, providing that given the delay in completion of the KOR Gallery Addition, Council approve temporary use of a portion of the former Highland Road Fire Station by the KOR Gallery to continue its operation, pending completion of the addition on or before December 31, 1999. Councillor G. Lorentz questioned the City's intention as to disposition of the two surplus Fire Halls and Mr. J. Shivas advised that it had been his intent to put both Fire Halls out for tender next week but that he could split the tender if that was Council's wish. Mr. B. Kuntz, Deputy Fire Chief, indicated that numerous requests have been received from various groups to utilize parts of the surplus space. He advised that the department had hoped to have the Highland Road facility available for training purposes that would encompass both indoor and outdoor use. Mr. J. Gazzola advised that Council had allocated $1,000,000 from sale of the sites to fund relocation costs of the headquarters and asked that the tender and sale of the surplus facilities be proceeded with. Councillor B. Vrbanovic questioned if Council should consider the issue of whether to dispose of the sites given that there was a possible municipal need for the sites for other local services. On motion by Councillor J. Ziegler, seconded by Councillor John Smola, it was agreed to amend Councillor Yantzi's motion so as to provide that this approval be brought back to Council if this temporary occupancy was to jeopardize sale of the Fire Station and in the event the property is sold, we allow provision of three months notice. Moved by Councillor M. Yantzi Seconded by Councillor G. Lorentz "That given the delay in completion of the KOR Gallery Addition, Council approve temporary use of a portion of the former Highland Road Fire Station by the KOR Gallery to continue its operation, pending completion of the addition on or before December 31, 1999 subject to review of this approval if temporary occupancy was to jeopardize sale of the Fire Station; and further, That in the event the Fire Station is sold, we allow provision of three months notice." Carried Councillor G. Lorentz asked that Fire Department staff provide a report to the Community Services Committee detailing training facility requirements of personnel in light of the foregoing discussion. Councillor B. Vrbanovic referred to the issue of regionalization and stated that it was his understanding nothing would be put forward by local politicians until consideration of criteria to be developed by the Minister had been received. He indicated his displeasure with recent remarks on this topic by Mr. K. Seiling, Regional Chair. Mayor C. Zehr advised that it had been agreed at Regional Council not to undertake discussion of regionalization issues at this early stage. Further, in response to Councillor T. Galloway, he advised that no other discussions have occurred. Councillor Jake Smola referred to the recent fire emergency that took place at a Calgary oil recycling plant and suggested that Fire Department staff review procedures as to how Calgary handled the emergency to determine if there was anything Kitchener could learn from it. Mr. Kuntz indicated that he would obtain information for consideration by the Community Services Committee as well as possible consideration regionally. Mayor C. Zehr referred to Traffic and Parking Division staff report DOPWR-99-28 and an item under the action plan section dealing with installation of a student safety patrol assisted school crossing on Carson Drive at Champlain Crescent. He requested that staff write to the property owner who expressed concern regarding this undertaking to explain that there was no liability on their part. Mr. E. Kovacs agreed to do so. COUNCIL MINUTES AUGUST 30, 1999 - 344 - CITY OF KITCHENER Councillor John Smola advised that on August 23 a number of small trees and bushes were cut down along a laneway to the rear of properties fronting Breithaupt, Ahrens, Margaret and Wellington Streets and asked that staff advise him of the reasons for the work having been done. It was noted that earlier in the meeting, a by-law dealing with Glasgow Street had been removed from third reading on the agenda. 6. Moved by Councillor G. Lorentz Seconded by Councillor J. Haalboom "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to adopt amendment No. 24 to the City of Kitchener Municipal Plan - Henry Walser - 507 Frederick Street and 18 Becket Street (b) Being a by-law to amend by-law 85 -1, as amended, known as Zoning By-law for the City of Kitchener - Henry Walser - Frederick Street and Becket Street. (c) Being a by-law to exempt certain lots from Part Lot Control - Part Lot 9, Registered Plan 373 Brunswick Avenue. (d) Being a by-law to exempt certain lots from Part Lot control - Part Lots 81 & 82, Registered Plan 1542 Newberry Drive. (e) Being a by-law to provide for the establishing and laying out of part of Wilderness Drive as a public highway in the City of Kitchener. (f) Being a by-law to provide for the widening of Woolwich Street. (g) Being a by-law to further amend By-law No. 88-172 which authorizes certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof (h) Being a by-law to further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (i) Being a by-law to further amend By-law No. 88-170 in which prohibits unauthorized parking of motor vehicles on private property. (j) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the appointment of staff. (k) Being a by-law to amend a by-law. (I) Being a by-law to amend Chapter 25 of the City of Kitchener Municipal Code with respect to Council procedure. (m) Being a by-law to amend Chapter 177 of the City of Kitchener Municipal Code with respect to the sale of real property. (n) Being a by-law to amend By-law 85-1: as amended, know as the Zoning By-law for the City of Kitchener- J. Patrick Reslein - Doon Village Road. (o) Being a by-law to confirm all actions and proceedings of the Council this date. 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 John Smola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. COUNCIL MINUTES AUGUST 30, 1999 - 345 - CITY OF KITCHENER Moved by Councillor Jake Smola Seconded by Councillor M. Yantzi 8 "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes, are hereby adopted and confirmed." Carried. Moved by Councillor G. Loreritz Seconded by Councillor J. Haalboom "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to adopt amendment No. 24 to the City of Kitchener Municipal Plan - Henry Walser - 507 Frederick Street and 18 Becker Street (By-law No.99-137) (b) Being a by-law to amend by-law 85 -1, as amended, known as Zoning By-law for the City of Kitchener - Henry Walser - Frederick Street and Becker Street (By-law No. 99-138) (C) Being a by-law to exempt certain lots from Part Lot Control - Part Lot 9, Registered Plan 373 Brunswick Avenue (By-law No. 99-139) (d) Being a by-law to exempt certain lots from Part Lot control - Part Lots 81 & 82, Registered Plan 1542 Newberry Drive (By-law No. 99-140) (e) Being a by-law to provide for the establishing and laying out of part of Wilderness Drive as a public highway in the City of Kitchener (By-law No. 99-141 ) (f) Being a by-law to provide for the widening of Woolwich Street (By-law No. 99-142) (g) Being a by-law to further amend By-law No. 88-172 which authorizes certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof (By-law No. 99-143) (h) Being a by-law to further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (By-law No. 99-144) (i) Being a by-law to further amend By-law No. parking of motor vehicles on private property 88-170 in which prohibits unauthorized (By-law No. 99-145) (j) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the appointment of staff (By-law No. 99-146) (k) Being a by-law to amend a by-law (By-law No. 99-147) Being a by-law to amend Chapter 25 of the City of Kitchener Municipal Code with respect to Council procedure (By-law No. 99-148) (m) Being a by-law to amend Chapter 177 of the City of Kitchener Municipal Code with respect to the sale of real property (By-law No. 99-149) AUGUST 30, 1999 8. (Cont'd) COUNCIL MINUTES - 346 - CITY OF KITCHENER (n) (o) (p) Being a by-law to confirm all actions and proceedings of the Council this date. (By-law No. 99-150) Being a by-law to close and sell part of Old Chicopee Drive shown as Part 1 (Plan 58R- 9471 ), and to close part of the former Morrison Road shown on Part 2, Plan 58R-2232 in the City of Kitchener (By-law No. 99-151 ) Being a by-law to amend By-law 85-1: as amended, know as the Zoning By-law for the City of Kitchener- J. Patrick Reslein - Doon Village Road (By-law No. 99-152) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned. Carried. MAYOR CLERK COUNCIL MINUTES AUGUST 30, 1999 - 347 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE 1. 1) That Council approve Municipal Plan Amendment Application MP 99/5/F/GR (Henry Walser - 507 Frederick Street and 18 Becker Street), being an amendment to: a) add Special Policy 30 to Part 3, Section 12 as follows: 30. Notwithstanding the Medium Rise Residential designation, on lands municipally known as 507 Frederick Street and 18 Becker Street, legally described as Part of Lots 8, 9, 10, 11 and 12, and Lot 31, Registered Plan 42, a limited amount of commercial uses as set out in the zoning by-law shall also be permitted. b) Amend Map 8 to include Special Policy 30 as shown on Schedule A attached. It is the opinion of this Committee that approval of this application is proper planning for the City. 2) That Zone Change Application ZC 99/6/F/GR (507 Frederick Street and 18 Becker Street - Henry Walser) requesting a change in zoning from Residential Eight Zone (R-8) to Commercial Residential Two Zone (CR-2) with special use provision 268U, on lands legally described as Part of Lot 8, 9, 10, 11 and 12, and Lot 31, Registered Plan 42, be approved in the form shown in the "Proposed By-law" attached, dated June 25, 1999, without conditions: It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with a recommended Amendment (Henry Walser - 507 Frederick Street and 18 Becker Street) to the City's Municipal Plan. That Business and Planning Services staff report BPS 99/117 dated August 12, 1999 be received as background information to the closure and sale of portions of old Glasgow Street between new Glasgow Street and University Avenue; and, That final reading of the proposed by-law to close and sell portions of Glasgow Street b.~e deferred and referred for consideration at a special Council meeting to be held September 13, 1999. (Dealt with under Delegations and Carried, as amended) That the recommendation in Business and Planning Services staff report BPS 99/104 dated June 25, 1999 regarding initiation of a land use review within the Grand River South Community not be accepted; and, That staff be instructed to continue processing the Grand River South Community Plan as a residential community plan, and to continue processing all residential development applications within the Grand River South Community Plan; and further, That staff be directed to include a clause in all future development agreements pertaining to Grand River South requiring that 'Airport Noise Warning' signage be erected at entranceways to subdivisions in Grand River South with appropriate wording of the sign to be determined as part of the planning process; an example of such wording being that provided in the case of Pearson International Airport. (Dealt with under Delegations and Carried, as amended) That we endorse the August 16, 1999 resolution of Heritage Kitchener expressing its opinion that Zeller Drive and Woolner Road are of scenic significance and support Heritage Kitchener's request that the scenic qualities of Zeller Drive and Woolner Road be addressed in the planning and development of lands located in the vicinity of Zeller Drive in the Grand River South Community. COUNCIL MINUTES AUGUST 30, 1999 - 348 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) That Council accept Business and Planning Services staff report BPS 99~96 on Kitchener's residential vacancy rates for information and direct staff to make the document available to Canada Mortgage and Housing Corporation (CMHC), the Ministry of Municipal Affairs and Housing and those persons requesting information about the local housing market. That a presentation at 7:00 p.m. in the Council Chambers related to the evaluation of the Downtown Lighting Design followed by a guided tour of the pilot lighting projects be given to the Planning and Economic Development Committee by the study consultants on Tuesday September 21, 1999. That Council advise the Regional Municipality that the City of Kitchener has no concerns with the intent of the draft by-law regulating election signs on Regional Roads subject to the following concerns being addressed in the draft by-law: a) Section 3 (d) - modification of the 1.0 square metre area maximum size of the sign to accommodate practical measurement in imperial measurement. b) Section 4 - inclusion of additional clarity on how enforcement would be undertaken. COMMUNITY SERVICES COMMITTEE - That Part Block 69, Registered Plan 1826 providing access to Stanmore Avenue, located between 57 and 61 Stanmore Avenue be declared surplus to the City's needs and transferred to the abutting owners at nominal land cost plus all costs associated with a reference plan and legal transfers of title; and further, That the Mayor and Clerk be authorized to execute documents as required and approved by the City Solicitor. (Dealt with under Delegations and Carried) That City Council endorse Kitchener-Waterloo Tourism's "Cherish the Past ... Celebrate the Future" marketing proposal for a millennium celebration; and, Staff use the theme "Cherish the Past ... Celebrate the Future" as a common marketing element in municipal millennium events and publications and encourage community groups to incorporate the theme in their activities; and, That Kitchener-Waterloo Tourism be authorized to apply to the federal and provincial governments for special millennium project funding; and further, That the City of Kitchener request the Region of Waterloo to endorse the theme "Cherish the Past ... Celebrate the Future"; and further, That it is understood Council support does not prejudice or supercede the grant application recommendations to be made by the City's Millennium Committee. (Dealt with under Delegations and Carried, as amended) That the City of Kitchener supports the bid to host the German Women's National Hockey Team for their World Championship Pre-competition Camp from March 26 - April 1,2000; and further, That the City of Kitchener provide a grant of $2,000.00 to host a Welcoming Reception at the City Hall Rotunda. That Breithaupt Centre and Rockway Centre be designated as pilot sites for the Brochure Rack Promotions Project; and, That staff submit a comprehensive report on the Brochure Promotions Rack Pilot Project to the Community Services Committee prior to July 1,2000; and further, COUNCIL MINUTES AUGUST 30, 1999 - 349 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 4. (Cont'd) That the Centre Supervisor/Division Manager have delegated authority to sign the standard rental contract during the pilot project, in a form satisfactory to the City Solicitor. That the City Entrance Sign Committee be instructed to investigate an entrance feature for the 401 westbound lanes, considering desirable features; and, That the City Entrance Sign Committee look at developing partnerships with educational institutions for this project; and further, That design staff work on the entrance sign project and that no consultant shall be hired. That the City of Kitchener supports the bid to host the Skills Canada Provincial Competition at the Kitchener Memorial Auditorium Complex for a 5-year period from 2000 - 2004; and further, That Skills Canada representatives make any event grant requests on an annual basis. That the City of Kitchener enter into negotiations with the Department of National Defense for shared parking at the Kitchener Memorial Auditorium Complex and armory sites; and further, That staff enter into discussions regarding potential community use of the armory facility. That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor which will provide the Kitchener Rangers Hockey Club the right to operate the Skate Sharpening Pro Shop at the Kitchener Memorial Auditorium Complex for a 3-year term; and further, That the Kitchener Rangers Hockey Club pay the City of Kitchener 10% of the net profit which accrues from the operation of the Pro Shop. That we accede to the request of Mr. Dave Moore, General Manager of the Crock and Block Restaurant, 1211 King Street East to remove three trees located on the Sydney Street side of the Restaurant, subject to the Crock and Block agreeing to install ornamental landscaping in their place and to plant three replacement trees along their property line with the abutting business, all of which is to be subject to the satisfaction of the General Manager of Parks and Recreation. (Dealt with under Delegations and Carried) FINANCE AND ADMINISTRATION COMMITTEE - That we approve, in principle, of establishing a Resource Budget Reserve Fund for the Kitchener Public Library, to operate in the same fashion as the Capital General Provision Accounts, with an annual allocation of $100,000.00, starting in the year 2000; subject to final approval through the Capital Budget process. That staff prepare an amendment to Chapter 521 (BILL POSTERS, SIGN POSTERS, BILL DISTRIBUTORS) of the City of Kitchener Municipal Code to limit hours to delivery; and further, That staff advise interested parties and Mr. B. Tamblyn prior to the by-law being presented to Council. That Doon Pioneer Park Community Association be granted permission to hold a carnival on September 11, 1999, at 150 Pioneer Drive, provided the necessary licence and approvals are obtained, including Health and Fire, also that proof of insurance in the amount of $1,000,000.00 naming the City as an extra insurer is submitted; and further, That the nominal fee of $10.00 be applicable· COUNCIL MINUTES AUGUST 30, 1999 - 350 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) That consideration of the Joint Staff Report BPS #99/110, dated July 21, 1999, concerning Organizational and Operational Guidelines of Community Awareness Councils be deferred and referred to the October 25, 1999 Finance and Administration Committee meeting, pending information from staff on combining these criteria with those for neighbourhood association and an estimate of costs; and further, That the Doon Awareness Council be added for coverage under the City's Insurance Policy. (As Amended) That we approve Policy #11-122 - Protocol - Critical Injuries or Fatalities as presented to the Finance and Administration Committee on August 16, 1999. HERITAGE KITCHENER- That, pursuant to Section 43 of the Ontario Heritage Act, we approve the request of the owner to alter the property municipally known as 48 Schneider Avenue, located in the Victoria Park Area Heritage Conservation District, to construct a 1-1/2 storey addition on the west side of the existing house, as shown on Elevation "A" attached to their Designated Heritage Property Alteration Application, with the addition to have a gabled front, to have a 4 ft. setback from the front wall of the existing house, vinyl board and batten style siding, vinyl windows and/or reuse of the original windows from the side of the house, and permission to relocate the driveway from the west to the east side of the house. WHEREAS construction involving restoration/renovation of buildings provides opportunities for private sector job creation; AND WHEREAS restoration of heritage structures provides opportunities for training of skilled workers; AND WHEREAS the restoration/renovation of buildings contributes to the conservation of built and natural resources, extends their economic lifespan and represents a wise reuse of resources, AND WHEREAS heritage structures contribute to tourism's economic benefits; THEREFORE BE IT RESOLVED that Heritage Kitchener requests that heritage structures be included in the proposed Government of Ontario's Infrastructure Program of the $20 billion public/private SuperBuild Growth Fund; AND FURTHER that this resolution be forwarded to Wayne Wettlaufer, M.P.P., Community Heritage Ontario and the Waterloo Regional Heritage Foundation. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That private truckers be advised that, effective the 1999-2000 winter season, the City of Kitchener will no longer provide snow disposal services; and, That a controlled access gate be provided at the Hanson Avenue snow dump, allowing only City vehicles or those working under contract to the City to use the site in future; and, That funding of $20,000.00 be allocated from the 1999 snow removal operating budget for the installation of the controlled access gate; and, That the owners of potential snow disposal sites in the City of Kitchener (gravel pits) be advised of this change; and further, That notice to private truckers and owners of potential snow disposal sites be given immediately and prior to the August 30, 1999, Council meeting, through a combination of local media/community publications and informational packages. COUNCIL MINUTES AUGUST 30, 1999 - 351 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) That an Adult Crossing Guard facility be established at the intersection of Victoria Street South and Oprington Drive, effective September 7, 1999; and, That an Adult Crossing Guard facility be established at the intersection of Victoria Street South and Eastforest Trail/Westforest Trail, effective September 7, 1999; and further, That the 1999 operating budget be adjusted to reflect an over-expenditure of $5,300.00. That a school bus loading zone be established on the south side of Birchcliff Drive from a point 106 metres west of Uplands Drive to a point 104 metres west thereof; and further, That the Uniform Traffic By-law be amended accordingly. That property owners continue to be required to fund original water system costs; and further, That the funding mechanism be determined on a case by case basis. That, due to budgetary constraints, rehabilitation of existing bridges, when rehabilitated, be based on the provision of traffic barriers that meet the bridge construction standards in place at the time of original construction rather than rehabilitating to full compliance with the current Ontario Highway Bridge Design Code. That Council waive its normal procedure for the selection of consultants and retain Stantec Consulting Limited as the engineering consultant to undertake the design and contract administration for the Veronica Drive/River Road Sanitary Sewage Pumping Station and Forcemain. That the contract for provision of BusPLUS service be tendered. (As Amended) That Council accept the proposal presented by Images framebyframe Inc. to provide Kitchener Transit with an on-board media viewing network for a 5 year term at a total revenue of $680,000.00; and, That the Mayor and Clerk be authorized to execute an agreement with Images framebyframe Inc., satisfactory to the City Solicitor, for the installation for their propriety equipment and to provide the new Transit media network on all transit buses at no cost or responsibility to the City/Kitchener Transit, effective September 1, 1999 to August 31, 2004; and further, That this agreement be automatically transferable to the Regional Municipality of Waterloo, effective January 1,2000. (As Amended) That parking be prohibited on the north side of Kingswood Drive from the intersection of Block Line Road to a point 215 metres west thereof anytime; and further, That the Uniform Traffic By-law be amended accordingly. 10. That a stop control be installed on the west leg of Hidden Valley Road at Goodrich Drive; and further, That the Uniform Traffic By-law be amended accordingly. 11. That parking be prohibited on the south side of Breckenridge Drive from a point 102 metres east of the intersection of Gibson Drive to a point 33 metres east thereof; and, That parking be prohibited on the south side of Breckenridge Drive from a point 185 metres east of the intersection of Gibson Drive to a point 40 metres east thereof; and further, That the Uniform Traffic By-law be amended accordingly. COUNCIL MINUTES AUGUST 30, 1999 - 352 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) 12. That the City of Kitchener and its contractor(s) be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code, Article 6 (Construction Work), during the reconstruction of Bingeman Street between Lancaster Street and Samuel Street and all related work between the hours of 6:00 p.m. to 7:00 p.m. during the period from August 16, 1999 to October 31, 1999. 13. That the Region of Waterloo and its contractor(s) be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code, Article 6 (Construction Work), during the roadway improvements of King Street East between Deer Ridge Drive and Sportsworld Drive and all related work between the hours of 6:00 p.m. to 9:00 p.m., Monday to Friday, in addition to a limited number of occurrences during overnight and weekend hours, for the period from August 16, 1999 to September 30, 1999; and further, That notification of this noise exemption be circulated to area residents of the Pine Grove neighbourhood. 14. That parking be prohibited anytime on the west side of Fairway Crescent from Fairway Road to Lackner Boulevard; and further, That the Uniform Traffic By-law be amended accordingly. 15. That Council enter into an agreement with the Ministry of Transportation to access residential address information for the purpose of commencing a legal proceeding against a registered license plate holder who has committed a parking infraction in contravention of a municipal parking by-law, subject to the satisfaction of the City Solicitor; and further, That funds that have been collected by the municipality on behalf of the Ministry of Transportation, in trust, since July 1, 1998, now be released as per the terms of the agreement. 16. That, subject to the outcome of the August 18, 1999 meeting with the Ministry of Transportation, Council request the Ministry of Transportation to postpone the installation of a centre median on Wellington Street opposite of Circa Drive until such time as an alternate access to Electrohome can be developed for southbound traffic from Wellington Street. COUNCIL MINUTES AUGUST 30, 1999 - 353 - 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. Banner Request It was resolved: "That in conjunction with The Canadian Junior Basebafi Championships to be held in Kitchener in August 2000, we grant permission for the erection of two banners on King Street at Benton and Frederick Streets and King Street at Francis Street from Monday, July 31, 2000 to Sunday, August 20, 2000 inclusive. Further, that arrangements be made with the City's Contractor for erection of the banner and the payment of any costs by the organization associated therewith." 2. Execution of Enqineerinq Aqreements - SOUTH AND WEST WARDS It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Stantec Consulting Ltd., regarding the Laurentian Forest 3 Subdivision 30T-95015." - and - "That the Mayor and Clerk be authorized be execute an agreement for the provision of professional engineering services made between the City of Kitchener and Stantec Consulting Limited, regarding the Highland Meadows Subdivision - Stage 5, Plan 30T-88033." 3. Assessment Review Board Assessment Appeal - ROCKWAY-VICTORIA WARD It was resolved: "That the Mayor and Clerk be authorized to sign the Minutes of Settlement pertaining to the assessment appeal related to 169 Kent Avenue, Kitchener for the years 1998 and 1999." 4. License i) Permanent Vendor It was resolved: "That a 1999 Permanent Vendor Licence be granted to Norma Jeanne Laurette to operate a business under the name Puppy Power at 300 Victoria St. N., Unit # 14." ii) Massagists 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: Elizabeth Gies COUNCIL MINUTES AUGUST 30, 1999 - 354 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 4. License (Cont'd) That the following massagist who is employed at 7-280 Victoria St. N., Kitchener, be granted a Massagist licence for the year 1999: Terry Tschirhart That the following massagist who is employed at 2271 Kingsway Dr., Kitchener, be granted a Massagist licence for the year 1999: Stephanie Porter" 5. Industrial Land Covenants - BRIDGEPORT NORTH AND SOUTH WARDS i) BRIDGEPORT NORTH WARD It was resolved: "That, on August 30, 1999, the property described as Parts 19 & 20 on Reference Plan 58R-4589 and municipally known as 91 Hollinger Crescent, Kitchener complied with the restrictions set out in a Schedule to Instrument No. 823142; and further That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all rights of the City contained in paragraphs 2.(b) and 2.(c) of the Schedule to Instrument No. 823142 respecting Parts 19 & 20 on Reference Plan 58R-4589 and municipally known as 91 Hollinger Crescent, Kitchener; and further That the City consent to a transfer from 1325102 Ontario Inc. to 531042 Ontario Ltd. of Parts 19 & 20 on Reference Plan 58r-4589, municipally known as 91 Hollinger Crescent, Kitchener." ii) SOUTH WARD It was resolved: "That, on August 30, 1999, the property described as Part 18 on Reference Plan 58R-5840 and municipally known as 654 Trillium Drive, Kitchener complied with the restrictions set out in a Schedule to Instrument No. 1012236." 6. Lease of Retail Space - City Hall - CENTRE WARD In response to Councillor B. Vrbanovic, Mr. J. Shivas advised that the existing tenant was exercising an option to renew their lease. Councillor Vrbanovic was of the view that some form of notice period should be included within the lease and that flexibility in this regard was needed. It was resolved: "That the Mayor and Clerk be authorized to sign a renewal lease with Associated Ministerial Services Inc. to rent retail space at Kitchener City Hall, with such renewal lease to be for a three year term and satisfactory to the City Solicitor". 7. Acceptance of Tenders The Tenders/Expressions of Interest approved by the Chief Administrative Officer were dealt with under Delegations. 8. Additional Tenders Recluirin,q Council Consideration The Tenders requiring consideration this date were dealt with under Delegations. COUNCIL MINUTES AUGUST 30, 1999 - 355 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 9. Various Committee of Adjustment Fence and Siqn Variances These items were dealt with under Delegations. 10. Request for Motion of Support The Committee considered information received from the Federation of Canadian Municipalities (FCM) which asks Member Councils to support the Town of Oakville and its Citizens Committee in its Stop-CN-in-their-Tracks Committee by writing to the Minister of Transport and the Chair of the Canadian Transportation Agency. Further, FCM is also seeking a review by the Federal Government of the process used by the CTA in awarding costs in matters of environmental concern. It was resolved: "WHEREAS the Canadian Transportation Agency (the Agency) recently ruled in favour of the Oakville Stop-CN-in Their Tracks Committee in its complaint against the Canadian National Railway (CN), and WHEREAS CN has been granted an appeal of the Agency's Order with the Federal Court, and WHEREAS the complainants requested an award of costs that was denied by the Agency; THEREFORE BE IT RESOLVED that the Corporation of the City of Kitchener endorses the Federation of Canadian Municipalities support of the Town of Oakville and its Citizens' Committee in its case against CN, and BE IT FURTHER RESOLVED that the Corporation of the City of Kitchener urges Transport Canada to effect changes to federal regulations to ensure that Municipal Governments are consulted prior to major operational changes by the railways, and BE IT FURTHER RESOLVED that the Corporation of the City of Kitchener requests that the federal government review the process by which the Agency awards costs in matters of environmental concern." 11. Siqninq Authority - Minutes of Settlement for Assessment Appeals It was resolved: "That the Chief Financial Officer & City Treasurer and/or the Director of Revenue be authorized to sign Minutes of Settlement as they relate to any assessment appeal on behalf of the Corporation of the City of Kitchener." 12. 1999 Debenture Fundinq It was resolved: "That Council revise the specific projects requiring 1999 debenture funding, with total debenture financing unchanged. $149,000 for Transit garage hoists, bus seats and infra-red doors is added to the list of projects to be debentured. The amount debentured for Fire Station #2 Construction is reduced by $149,000." 13. Automated Bankinq Machine - City Hall Councillor B. Vrbanovic expressed concern over the location of the bank machine as it limits the configuration of display space required for special events such as the Taste of Waterloo County and Christkindel Market. COUNCIL MINUTES AUGUST 30, 1999 - 356 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 13. Automated Bankinq Machine - City Hall Ms. P. Houston advised that the supplier of the automated banking machine was aware that they had located the machine in advance of approval at their own risk. Further, she noted that consultation with Facilities Management staff had been undertaken as to location. Mr. J. Gazzola advised that Management Committee discussed the banking machine issue at length and left the decision as to appropriate location in the hands of Facilities Management. In response to Councillor T. Galloway, Ms. Houston advised that the proposed agreement had a four-year term. Further discussion followed and it was indicated that generally the Committee was not enthusiastic as to the proposed location and it was requested that a further review take place. It was resolved: "That subject to the terms and conditions of the agreement being satisfactory to the City Solicitor, the Mayor and Clerk be authorized to execute an agreement with Communiteq Systems Inc. for the provision of automated banking services at City Hall." 14. 1999 School Board Tax Remittances It was resolved: "WHEREAS the Province passed legislation establishing capped property classes (10 5 and 5) and also established regulations for processing tax bills for the capped classes; AND WHEREAS the Provincial Government has made School Board remittances on behalf of municipalities for the March and June 1999 dues dates; AND WHEREAS the City of Kitchener continues to make remittances to our upper tier municipality, the Region of Waterloo; AND WHEREAS the City of Kitchener has not issued final tax bills for commercial, industrial and multi-residential properties for 1999 and the interim tax bills for these classes are not due until September 10, 1999; AND WHEREAS the cut-off date has not been established by the Region of Waterloo in conjunction with area municipalities for the review of 1999 OPTA data for the processing of final tax bills; THEREFORE BE IT RESOLVED THAT the Council of the City of Kitchener request the Minister of Municipal Affairs to extend the payment deadline for the City's School Board payments until October 31, 1999." 15. Request for Declaration of Surplus Property - ROCKWAY-VICTORIA WARD It was resolved: "That the property adjacent to 333 Carwood Avenue described as Part of Lot 7, Municipal Compiled Plan No. 791 and designated as part of Part 2, Plan 58R-3912, having an area of approximately 0.074 acres, be declared surplus to the City's needs; And that the City Solicitor be directed to dispose of the site with the Offer to Purchase to be presented to Council for consideration." COUNCIL MINUTES AUGUST 30, 1999 - 357 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 16. Transfer of Easements to Reqion and City - DOON-PIONEER WARD It was resolved: "That the City accepts an offer from Sail Hill Investments Limited to transfer to the City and the Region easements for trunk sanitary and storm sewers through its property at 4262- 4293 King Street East, Kitchener being Part of Lot 9, Beasley's Broken Front Concession; and Further, that the Mayor and Clerk be authorized to execute all documentation required by the City Solicitor to complete this transaction." 17. Noise Bylaw Exemption Request - Habitat for Humanity - ROCKWAY-VICTORIA WARD This item was dealt with under Delegations. 18. Quit Claim Deed - 209 Manitou Drive The Committee considered Business and Planning Services staff report BPS 99/128 dated August 27, 1999. It was resolved: "That the Mayor and Clerk be authorized to sign a Quit Claim Deed extinguishing the City's interest as it relates to the restrictive covenant described on Schedule 'A' to the indenture between the Corporation of the City of Kitchener and Salsbury Laboratories Limited made the 15th day of February, 1966, and registered as Instrument No.326512." 19. Lottery Licence The Committee considered a letter dated August 27, 1999 from the Kitchener-Waterloo Symphony and a memorandum dated August 27, 1999 from the Manager of Licensing. It was resolved: "That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to the Kitchener-Waterloo Symphony, 101 Queen Street N, Kitchener, Ontario, N2H 6P7, to conduct the '1999/2000 KWS Lexus Lottery' on February 19, 2000, in the City of Kitchener, which will also include a series of 'Early Bird' draws." 20. Confirmation of Compliance and Quit Claim Deed - 190 Goodrich Drive The Committee considered a memorandum dated August 30, 1999 from Mr. J. Shivas, City Solicitor, dealing with restrictions set out in a deed from the City to Dominion Electrohome Industries Limited. It was resolved: "That, on August 30, 1999, the property described as Lot 9, Registered Plan 1524 save and except Part 1 on Plan 58R-6990 and Part Lot 6, Registered Plan 1524 designated as Parts 1, 2 and 3 on Plan 58R-9876 and municipally known as 190 Goodrich Drive, Kitchener complied with the restrictions set out in Schedule 'A' to Instrument No. 270616; and further, That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all rights of the City contained in paragraph 5. of Schedule 'A' to Instrument No. 270616 respecting Lot 9, Registered Plan 1524 save and except Part 1 on Plan 58R-6990 and Part Lot 6, Registered Plan 1524 designated as Pats 1, 2 and 3 on Plan 58R-9876 and municipally known as 190 Goodrich Drive, Kitchener."