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HomeMy WebLinkAboutCouncil Minutes - 1999-10-04COU NCIL\1999-10-04 COUNCIL MINUTES OCTOBER 4, 1999 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillors K. Taylor-Harrison and G. Lorentz. The meeting began with the singing of "O Canada" by Lisa, Jillian and Michael Cameron of the King School of Vocal. Mayor C. Zehr thanked the Cameron children for attending the meeting and presenting their rendition of the National Anthem this date. On motion by Councillor J. Ziegler, the minutes of the regular meeting held on September 20, 1999, and special meetings held September 20 and September 27, 1999, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED DIRECTLY TO FILE (1) Letter dated September 16, 1999 from the Honourable Tony Clement, Minister of the Environment, responding to Council's July 5, 1999 resolution encouraging the Province to phase out coal4ired electricity generation. Mr. L. Gordon, Manager of Purchasing, was in attendance to answer any questions concerning the two tenders circulated after preparation of the agenda. Councillor Jake Smola referred to T99-091 regarding the sale of former fire station properties on Westmount Road East and Highland Road West and questioned what the reserve bids were on the properties. Mr. J. Shivas advised that the successful bidder on the Westmount Road East property did exceed the reserve bid and that he would not disclose it. In response to Mayor C. Zehr, Mr. Shivas advised that the only bid on the Highland Road West property was substantially below the City's reserve bid. Mayor Zehr suggested that the wording of the staff recommendation relative to the Highland Road property be revised so as to provide that the tender not be accepted given that the offer was substantially below the City's reserve bid. Moved by Councillor B. Vrbanovic Seconded by Councillor T. Galloway "That Tender T99-087 Kitchener City Hall Modifications be awarded to Canadian Home and Renovation Team Inc., Kitchener, at their tendered price of $105,641.00, plus G.S.T." - and - "That Tender T99-091, Sale of Properties - 1000 Westmount Road East & 150 Highland Road West, Kitchener be awarded as follows: (i) 1000 Westmount Road East to Allen Sun, Kitchener at his tendered price of $371,000. subject to the purchaser, on or before November 2, 1999, (a) obtaining financing and (b) conducting building and property inspections to ensure there are no undue adverse environmental conditions; and further, That the City Solicitor be authorized to execute an agreement of purchase and sale dated September 24th, 1999 with 1206775 Ontario Ltd. (Allen Sun). (ii) That the bid received from lan Cook Construction Limited, Waterloo to purchase 150 Highland Road West not be accepted, since the Offer was below the City's reserve bid." Carried. Ms. Corinne Bordman and Ms. Nancy Goucher appeared as a delegation to officially present an information package to the City on local government studies which they authored for the City as part of an initiative involving the Partners in Education Committee of the School Boards and the City. The delegation thanked a number of City staff for the assistance they received to prepare the document. Mayor C. Zehr accepted the document on behalf of Council and explained that the Grade 5 curriculum includes an element on local government. He noted that the students' document includes reference to local and regional government and was distributed to all area schools in the last week. COUNCIL MINUTES OCTOBER 4, 1999 - 395 - CITY OF KITCHENER Fire Chief J. Hancock appeared as a delegation to introduce two staff. Firstly, he introduced Mr. Rick Awender who was promoted to Platoon Chief on October 1, 1999 and advised that Mr. Awender had started with the Department in 1974 and was a contributor to the design of the new Fire Department Headquarters. Chief Hancock then introduced Ms. Kathy Wellsman who the Department has hired for its emergency communications centre. He noted that Ms. Wellsman previously managed Cambridge's emergency facility and has actually been in municipal work for twenty-four years. Ms. Sandra Millar, Manager of Kitchener-Waterloo Tourism appeared as a delegation to make a presentation of a submission, utilizing the overhead projection system, that was previously distributed to Council. She indicated that she was attending to provide an overview of what K-W Tourism has been doing during the last three months, to outline their accomplishments, and to identify emerging issues for tourism in the community. She then reviewed the Mission Statement of K-W Tourism, major accomplishments, emerging concerns, the year 2000 work program and budget and revenue issues relative to the year 2000. Ms. Millar asked that their budget request for the year 2000 be referred to the Finance and Administration Committee budget meetings for consideration. Councillor J. Haalboom requested Ms. Millar to comment on the amount and quality of tourist accommodation existing within the community. Ms. Millar advised that there was a wide range of offerings in terms of accommodation and that K-W Tourism was working with members to offer advise with a long term goal of seeking improved quality of accommodations. Councillor Haalboom questioned if Kitchener was a destination with respect to accommodation and Ms. Millar advised that given its location near to Toronto, tourism generally operated within the context of a day-trip environment in which rural attractions were also taken in. Councillor C. Weylie referred to the $280,000.00 budget request from the Cities of Kitchener and Waterloo and Ms. Millar advised that it was her understanding that the former tourism organization received a higher level of funding. Mr. P. Sinnott advised that in 1999 the City of Kitchener withheld approximately $40,000.00 from the amount it allocated and that the money is being expended for a special purpose. He noted that for the year 2000, the City did not propose to hold back a portion of the funding and that his budget submission includes the amount for K-W Tourism. Councillor J. Haalboom referred to the variable per capita funding support received from a number of municipalities outlined in the submission and questioned if Ms. Millar could provide any reasoning in this regard. Ms. Millar advised that she could not comment on the rationale behind the funding level in those municipalities but did suggest that the cities do perceive a value to the prosperity of their municipalities as reflected in their funding commitment. Mayor C. Zehr advised that delegations were in attendance in respect to the Notice Councillor C. Weylie gave on September 20, 1999 that she would introduce a Motion for Reconsideration of Council's August 30, 1999 decision to ratify the July 20, 1999 Committee of Adjustment recommendation refusing part of Submission No. F 6/99 - Denise and Linda Rouault involving legalization of a fence, 1.2m (4 ft.) in height located between 139 and 155 Markwood Drive. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That Council reconsider its August 30, 1999 decision to ratify the July 20, 1999 Committee of Adjustment recommendation refusing part of Submission No. F 6/99 - Denise and Linda Rouault, involving legalization of an existing fence, 1.2m (4 ft.) in height, located between 139 and 155 Markwood Drive." Carried with required 2/3 majority vote of Council Members present. Council was in receipt of a copy of its August 30, 1999 minutes as well as a copy of the July 20, 1999 Committee of Adjustment minutes respecting Submission No. F 6/99. Mayor C. Zehr then invited the registered delegations respecting Submission No. F 6/99 to make their presentations. Mr. B. McKenzie whose property borders the Rouault property appeared as a delegation to support the previous decisions to refuse Submission No. F 6/99. He appeared previously at the Committee of Adjustment and City Council meetings respecting this matter and emphasized that with the Rouault fence parallel to his driveway, he could not see children using the sidewalk when backing his vehicle out COUNCIL MINUTES OCTOBER 4, 1999 - 396 - CITY OF KITCHENER of his driveway. Mr. McKenzie circulated pictures illustrating the obstruction caused by the lattice fence and shrubs and requested Council not change its original decision that refused legalization of the existing 4 ft. fence. At the request of Councillor C. Weylie, the pictures that were considered by the Committee of Adjustment were also circulated to Council. Ms. Linda Rouault appeared as a delegation on behalf of herself and her mother regarding Committee of Adjustment Submission No. F 6/99. She indicated that due to an accident she had been unable to attend the August 30, 1999 Council meeting when this matter was dealt with. She explained that the lattice fence was composed of three eight-foot sections with each being 4 feet high and that the fence extends to a distance 5 feet from the sidewalk. She noted that the previous owners of the neighbouring property had never expressed a concern respecting the fence. Ms. Rouault then commented on a driveway matter involving Mr. McKenzie and suggested that the complaint regarding her fence was made for malicious reasons. Councillor C. Weylie indicated that she would introduce a motion to rescind Council's earlier decision and Councillor Jake Smola recommended that any legalization of the fence provide that the lattice fence should not be obstructed by vegetation so as to enhance the visibility of pedestrians utilizing the sidewalk. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler "That we repeal and rescind the August 30, 1999 City Council decision in which it ratified the Committee of Adjustment refusal recommendation with respect to part of Submission No. F 6/99 - Denise and Linda Rouault; and further, That the existing lattice fence, located between 139 and 155 Markwood Drive, being 1.2m (4 ft.) in height on Lot 138, Registered Plan 1286, 155 Markwood Drive, be legalized subject to the garden adjacent to the first eight-foot section located closest to the sidewalk containing only low growing vegetation to enhance visibility through the lattice fence." Carried. Mr. Jon Huemiller appeared as a delegation to follow up on his presentation at the July 5, 1999 Council meeting. He indicated that he filed a complaint and was bringing the matter here because if he were to appear before the Waterloo Regional Police Services Board, the matter would not be dealt with in an open, public meeting. He indicated that his concern was with regard to a constable who has been charged with offences and is, in turn, suing the Police Board and other officials. Because of this action, he requested that the matter be the subject of a public inquiry. At this point, Councillor Jake Smola declared a pecuniary interest and abstained from all discussion with respect to this matter, as his brother is an employee of the Waterloo Regional Police Service. Mr. Huemiller commented that his request was for a public inquiry for fact-finding purposes only to address a complex matter and it was his view that the lawsuit filed by the constable amounted to legal extortion that ultimately would result in a secret financial settlement. Mr. Huemiller advised that the other matter he wished to address was the one raised at the July 5, 1999 meeting with regard to the use of 272 Weber Street West and stated that it was his understanding that there was a zoning complaint with regard to the property but that no public official has entered into the property. He stated that he had previously pointed out that it was likely that there were explosives in the building and that no one had provided an answer to any of the questions he had raised relative to occupancy of this dwelling. Mr. B. Stanley confirmed that the issue of 272 Weber Street West was still outstanding but under investigation and that he would provide Mr. Huemiller with a reply. Councillor J. Ziegler advised Mr. Huemiller of the next meeting of the Waterloo Regional Police Services Board and invited him to attend the public meeting portion of the Board that date. Ms. Deborah Rothwell appeared as a delegation regarding Clause #4 of the Finance and Administration Committee report arising from its regular meeting held September 27, 1999. A submission was circulated to Council on the KOR Project that provided comment with regard to: business plans, KOR productions, KOR design, gallery operations, outreach and programming, KOR administration, future vision, the Living Gallery, the long term and benefits to the community. She indicated that a business plan would be developed with the assistance of the Business Enterprise Centre located in City Hall. COUNCIL MINUTES OCTOBER 4, 1999 - 397 - CITY OF KITCHENER Two other delegates, David Wright and Heather Kocsis, attended with Ms. Rothwell to speak to micro- business operations and the print-making studio of the KOR Project. Council was in receipt of correspondence dated September 30, 1999 from Ms. P. Houston suggesting a process to move the KOR Project forward. Councillor Jake Smola noted that it was proposed that in- house staff would provide project management services and questioned if other future projects would then require outside project management. Mr. R.W. Pritchard advised that the whole issue of project management staff was currently in a report for consideration by Mr. J. Gazzola, but it was his view that with the staff commitment to this project, other projects would require outside assistance. Moved by Councillor J. Ziegler Seconded by Councillor T. Galloway "That the deferral and referral referred to in Clause #4 of the Finance and Administration Committee report arising from its September 27, 1999 meeting, be deleted and replaced with the following wording: 'That we approve the following process respecting construction of the addition to the KOR Gallery project (estimated total project cost of $138,000.00), with in-house staff providing project management services: 1) Proceed to tender project 2) Receive and review long term business plans for the project 3) Based on the Business Plan review, consider the feasibility of utilizing the Community Loans Program to fund any capital cost excess beyond the $80,000.00 capital grant already approved by Council. 4) Based on the Business Plan review, determine level of "ability to pay" ongoing operating costs for the facility (i.e. utilities, maintenance, etc.). 5) Report to Council on approval of tender and recommended funding'." Carried. Mayor C. Zehr advised that numerous delegations were registered with regard to Clause #1 of the Finance and Administration Committee report arising from its Special Meeting held September 27, 1999 which dealt with amendments to Chapter 408 (Animals - Regulation), Chapter 575 (Pet Shop) and By-law 98-185 (being a by-law to amend Chapter 530 with respect to dogs) of the City of Kitchener Municipal Code. He noted that a very large number of e-mails were received by his office on this subject and that it was his belief there was some misinformation and misunderstanding as to the intent of the by-law. Accordingly, before hearing delegations, he requested Ms. L. Pasternak, Assistant City Solicitor, to make a presentation focusing on highlights of the by-law. Ms. L. Pasternak provided comments covering the following four areas relative to what has been proposed: provisions in the proposed by-law for captive bred animals, an explanation with regard to wild-caught animals and grandfathering provision, the registration process and the section dealing with inspection powers that she pointed out was currently in the existing by-law and that it was in accordance with the law. Further she advised that there had been an oversight in that she had neglected to make reference to the Animal Designation Appeal Committee as part of the recommendation. Mr. G. Sosnoski suggested that the Committee recommendation be revised so as to direct that the Animal Designation Appeal Committee be struck this date. Councillor B. Vrbanovic questioned how the proposed by-law dealt with parrots and exotic fish. Ms. Pasternak advised that captive-bred parrots would be permitted, wild-caught parrots presently kept as pets would be restricted. New wild-caught birds would be prohibited as pets. Similarly, captive-bred fish would be permitted, wild-caught or venomous and poisonous fish presently kept as pets would be restricted. New wild-caught or venomous or poisonous fish would be prohibited as pets. In addressing an issue that was raised, Ms. Pasternak advised that Council could delay implementation of any portion of the by-law. Mr. Anthony Risi, Aquarium Services, appeared as a delegation to object to the proposed by-law as it relates to the wild-caught issue involving tropical fish and asked that Council reconsider this portion of the by-law. Mr. Risi submitted a petition containing approximately 640 signatures of individuals who oppose any change to the Animal Control By-law that would lead to the prohibition of ornamental fish ownership. It was the view of the petitioners that prohibiting the sale and ownership of wild-caught ornamental fish seriously curtails existing conservation efforts undertaken by the local community of COUNCIL MINUTES OCTOBER 4, 1999 - 398 - CITY OF KITCHENER aquarium enthusiasts and jeopardizes the entire hobby of fish keeping which they consider to be the second most important hobby in the world. In response to Councillor B. Vrbanovic, Mr. Risi advised that a prohibition would mean that after several generations of in-house breeding, ornamental fish would lose their colours if wild-caught fish were not introduced. Mr. Christopher Holoboff, Barrister and Solicitor, Toronto appeared as a delegation on behalf of The Avicultural Advancement Council of Canada, Parrot Association of Canada, Budgerigar and Foreign Bird Society of Canada and Parrot Symposium of Canada to comment on Clause #1 of the Special Finance and Administration Committee report. Council was in receipt of correspondence from Mr. Holoboff dated September 30, 1999, providing the content of his presentation. It was noted in his submission that he was opposed to some of the provisions in the proposed by-law and asked that several amendments be made to it. In his presentation, Mr. Holoboff touched on the following issues and questions: legal and practical problems as to proving wild-caught status, federal legislation permitting importation, legal search, unpredictability as to the future position of the Animal Designation Appeal Committee, what municipal purpose was served by the wild-caught provision and exemption of bonafide breeders. Mr. Lance Henderson appeared as a delegation in opposition to Clause #1 of the Special Finance and Administration Committee report and the proposed by-law. He suggested that there was a problem with the wording of the by-law where it discusses poisonous animals when the issue relates to venomous animals that bite causing poison to be injected. Ms. Carol Church appeared as a delegation in opposition to Clause #1 of the Special Finance and Administration Committee report and the proposed by-law. Ms. Church advised that she operates 'Carols Critters Pet Shop' and that she had sat on the committee that developed the recommendation and proposed by-law. In this regard she advised that some of the issues the committee had agreed upon had been deleted after the committee had addressed them. Ms. Church provided several reasons as to why the recommendation and by-law should not be accepted and maintained that the by-law will be impossible to enforce. Ms. Jackie Shute, Puslinch, appeared as a delegation in opposition to Clause #1 of the Special Finance and Administration Committee report and the proposed by-law. She distributed a submission dated September 28, 1999 outlining her reasoning as to why Council should not act on the Committee recommendation and the by-law. Ms. Elena Johnson, Waterloo, appeared as a delegation in support of Clause #1 of the Special Finance and Administration Committee report and the proposed by-law. She stated that she was not a member of any animal rights group but that it was her opinion that it was inhumane for wild-caught animals to be kept as pets and that fish should not be considered differently from any other animals. Ms. Carol Dell, Guelph, appeared as a delegation to express concern with regard to Clause #1 of the Special Finance and Administration Committee report and the proposed by-law. She advised that it was her understanding many agreed upon amendments had been left out of the by-law and her concerns were with regard to the blanket provision contained in the by-law with no consideration of issues such as household size and location. Ms. L. Pasternak advised that the blanket provision issue was before the Ad Hoc Committee for consideration. Mr. Blake Church Jr. appeared as a delegation in opposition to Clause #1 of the Special Finance and Administration Committee report and the proposed by-law. He stated that he found the by-law to be indecisive and that the outcome of the by-law would mean that future generations would not have the opportunity to experience and appreciate exotic animals. Ms. Cindy Weber appeared as a delegation in opposition to Clause #1 of the Special Finance and Administration Committee report and the proposed by-law. She commented that unless the municipality was referencing a species, there was no need for the by-law. Ms. Meaghan Hamilton appeared as a delegation in support of Clause #1 of the Special Finance and Administration Committee report and the proposed by-law. She commented on the wild-caught issue and the requests that have been made with respect to exotic fish. Ms. Hamilton asked that Council not change the proposed by-law. In response to Councillor B. Vrbanovic, Ms. Hamilton stated that there was not enough scientific evidence to establish that there should be exemptions provided for in the by- law. She did note that she had no problem with a date approach as to by-law implementation. COUNCIL MINUTES OCTOBER 4, 1999 - 399 - CITY OF KITCHENER Mr. Troy Seidle appeared as a delegation in support of Clause #1 of the Special Finance and Administration Committee report and the proposed by-law. He advised that he was representing the following organizations, which together represent the veterinary, animals' welfare, and zoological communities that oppose the keeping of non-domesticated or exotic animals as pets: - Canadian Veterinary Medical Association - Canadian Federation of Humane Societies - Canadian Association of Zoos and Aquarea - Ontario Society for the Prevention of Cruelty to Animals - Metropolitan Toronto Zoo - Kitchener-Waterloo and North Waterloo Humane Society Mr. Seidle submitted a petition containing approximately 1,935 signatures that asked Council to amend Chapter 408 of The Municipal Code to permit the keeping of only domesticated animal species in Kitchener. He offered comments on the concern of breeders that species would lose colour without new bloodlines being brought in, the lack of scientific basis to treat fish differently than any other animal and on the matter of parrots. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That the Finance and Administration Committee report arising from its Special Meeting held September 27, 1999, be adopted." Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler "That the Finance and Administration Committee report arising from its Special Meeting held September 27, 1999, be amended, so as to provide for revision to Clause 6(b) of the proposed by-law to amend Chapter 408 by adding the following wording to Clause 6(b) 'provided that a wild-caught fish shall be deemed to be a permitted animal until January 1, 2004'." Carried. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That the Finance and Administration Committee report arising from its special meeting held September 27, 1999, be further amended to include a clause providing that the Animal Designation Appeal Committee be struck ." Carried· Councillor J. Ziegler suggested that a further amendment be considered dealing with the possibility of creating an exception for certain wild-caught animals subject to criteria to be established in this regard. Moved by Councillor J. Ziegler Seconded by Councillor C. Weylie "That the Finance and Administration Committee report arising from its special meeting September 27, 1999, be amended as follows: 'That an exception be created for wild-caught animals that are determined by the Animal Designation Appeal Committee, under the City's Animal Control By-law, to meet certain criteria which makes them appropriate species to be exempt from the by-law, as prohibited, criteria to be considered and include the following: a) the animal is not an endangered species b) the Federal or Provincial legislation allows the species into Canada c) the animal is suitable as a pet (i.e. not venomous or poisonous) and other criteria recognized or established by Council on the advice of staff or the Ad Hoc Committee d) wild capture of the species is not detrimental to the environment where the animal is coming from'." COUNCIL MINUTES OCTOBER 4, 1999 - 400 - CITY OF KITCHENER Councillor J. Ziegler advised that the intent of his motion is just to create a structure for consideration. Councillor B. Vrbanovic stated that he did not support Councillor Ziegler's amendment in view of the long consultation process that has taken place. The motion of Councillor J. Ziegler, seconded by Councillor C. Weylie, to further amend the Finance and Administration Committee report arising from its special meeting held September 27, 1999, was put to a vote and Lost. The main motion of Councillor J. Ziegler, seconded by Councillor M. Yantzi, to adopt the report of the Finance and Administration Committee arising from its special meeting held September 27, 1999, as amended this date to include the amendments, was put to a vote and Carried. Councillor J. Ziegler requested that he be recorded as opposed to the Finance and Administration Committee report of its special meeting held September 27, 1999. 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 1 -Action deferred and referred back to the Planning and Economic Development Committee for further consideration at its meeting to be held October 25, 1999. Balance of report - Carried. Moved by Councillor T. Galloway Seconded by Councillor B. Vrbanovic "That the report of the Community Services Committee of this date be adopted." Carried. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That the report of the Finance and Administration Committee (regular meeting of September 27, 1999) be adopted." Councillor J. Ziegler noted that Council was in receipt of a report dated September 29, 1999 from Ms. P. Houston dealing with the portion of Clause 2 that was deferred and referred for consideration this date. In her report she suggests that the City would be able to fund the Globe Studios portion of the first mortgage, amounting to $75,000.00. Council entered into a discussion of the details of the mortgage as proposed by Ms. Houston and suggestions by Councillors as to lowering the interest rate or increasing the amortization term so as to provide a monthly repayment on the mortgage that was affordable in terms of the Globe Studios business plan. Paragraphs 1 and 2 of Clause 2 of the report were voted on separately and Carried. A motion by Councillor M. Yantzi, seconded by Councillor John Smola, respecting the balance of Clause 2 was put forward adopting the terms and conditions for the first mortgage as outlined in the September 29,1999 report of Ms. P. Houston. A motion by Councillor J. Ziegler, seconded by Councillor John Smola, to amend Councillor Yantzi's motion so as to provide for a 20-year rather than a 10-year amortization period was put to a vote and Lost. A motion by Councillor B. Vrbanovic, seconded by Councillor T. Galloway, to amend Councillor Yantzi's motion to set the interest rate on the mortgage at 6 percent rather than 7 percent was put to a vote and Carried. OCTOBER 4, 1999 COUNCIL MINUTES - 401 - CITY OF KITCHENER The report was then voted on clause by clause. Clause 2 - Carried, as amended Clause 4 - Dealt with under Delegations and Carried. Balance of report - Carried. Councillor T. Galloway advised that City Council previously passed a by-law that dealt with home occupations and noted that staff had incorporated provision for some signage on the face of dwellings where home occupations were being undertaken. He asked that during the review of the City's Sign By-law that consideration be given to the matter of small fascia signs that identify a home occupation business at a dwelling. Councillor Jake Smola referred to the City of Kitchener float that would participate in the Oktoberfest parade and questioned if volunteers were being permitted on the float along with staff. Mayor C. Zehr advised that this issue was previously considered by Council and no policy was established. Councillor J. Haalboom raised the issue of the level of taxation of vacant lands after demolition has taken place. Ms. P. Houston advised that if a vacant building was still on a lot, the municipality would receive higher taxes than if the lot was cleared and vacant. Councillor T. Galloway pointed out that thousands of residents had visited the City's new Fire Department Headquarters building during its official opening on Saturday, October 2, 1999 and commented that all City staff who participated in organizing the event should be complimented. At the request of Mr. G. Sosnoski, Deputy City Clerk, Council concurred that a by-law be added to the agenda for three readings this date dealing with the establishing and laying out of a part of Stewart Street. Moved by Councillor B. Vrbanovic Seconded by Councillor T. Galloway "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend Chapter 408 of the City of Kitchener Municipal Code with respect to Animals - Regulation (b) Being a by-law to amend Chapter 575 of the City of Kitchener Municipal Code with respect to Pet Shops (C) Being a by-law to amend By-law No. 98-185 of the Corporation of the City of Kitchener being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs (d) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Electrohome Limited/First Gulf Development Corporation - Wellington Street North - No. 92/21/W/LB (e) Being a by-law to exempt certain lots from Part Lot Control - Part of Block 9, Registered Plan 58M-55 -Windflower Place and Foxglove Crescent (f) Being a by-law to exempt certain lots from Part Lot Control - Blocks 59, 60 and 63 and Part of Blocks 58, 61, 62 and 64, Registered Plan 58M-90 - Candle Crescent (g) Being a by-law to exempt certain lots from Part Lot Control - Part of Blocks 1 and 2, Registered Plan 58M-118 - Westmeadow Drive and Bramblewood Street (h) To confirm all actions and proceedings of the Council OCTOBER 4, 1999 COUNCIL MINUTES - 402 - CITY OF KITCHENER 5. (Cont'd) (i) Being a by-law to provide for the establishing and laying out of part of Stewart Street as a public highway. 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 J. Ziegler as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. 6. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "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 B. Vrbanovic Seconded by Councillor T. Galloway That the by-laws listed on the agenda for third reading, namely: (a) (b) (C) (d) (e) (f) m~lm Being a by-law to amend Chapter 408 of the City of Kitchener Municipal Code with respect to Animals - Regulation (By-law No. 99-169) Being a by-law to amend Chapter 575 of the City of Kitchener Municipal Code with respect to Pet Shops (By-law No. 99-170) Being a by-law to amend By-law No. 98-185 of the Corporation of the City of Kitchener being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs (By-law No. 99-171 ) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Electrohome Limited/First Gulf Development Corporation - Wellington Street North - No. 92/21/W/LB (By-law No. 99-172) Being a by-law to exempt certain lots from Part Lot Control - Part of Block 9, Registered Plan 58M-55 -Windflower Place and Foxglove Crescent (By-law No. 99-173) Being a by-law to exempt certain lots from Part Lot Control - Blocks 59, 60 and 63 and Part of Blocks 58, 61, 62 and 64, Registered Plan 58M-90 - Candle Crescent (By-law No. 99-174) OCTOBER 4, 1999 COUNCIL MINUTES - 403 - CITY OF KITCHENER (Cont'd) (g) Being a by-law to exempt certain lots from Part Lot Control - Part of Blocks 1 and 2, Registered Plan 58M-118 - Westmeadow Drive and Bramblewood Street (By-law No. 99-175) (h) (i) To confirm all actions and proceedings of the Council (By-law No. 99-176) Being a by-law to provide for the establishing and laying out of part of Stewart Street as a public highway. (By-law No. 99-177) 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 OCTOBER 4, 1999 - 404 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - That the City of Kitchener accept the Offer to Purchase from Frederick and Bonnie Gore owners and operators of St. Jude's School Inc. and Scholar's Hall Inc. for Part 5 of Reference Plan 58R- 7426 (Site 134, Trillium Drive) in Huron Business Park. The parcel of land has an approximate area of .97 ha (2.41 acres) save and except the City owned portion of land containing the Heritage Elm Tree. The total purchase price of the land is approximately $180,750.00 (to be determined at the time of reference plan); and further, That the Mayor and Clerk are hereby authorized to execute any other necessary documentation required by the City Solicitor. (Action deferred and referred back to Planning & Economic Development Committee for further consideration at its meeting to be held October 25, 1999.) That Zone Change Application ZC 99/20/H/PB (950 Highland Road West / Eastforest Trail - Monarch Construction / Robert Kneiss) to remove holding provision [9h] from lands zoned Convenience Commercial (C-1) legally described as Part Lot 35, German Company Tract, more particularly described as Parts 3, 13 and 18 on 58R-10060, be approved in the form shown in the "Proposed By-law" attached, dated August 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 the City's Municipal Plan. That Council adopt the policy recommendations outlined in the document entitled "Proposed Community Gardens Policies for the City of Kitchener" attached to Business and Planning Services staff report BPS 99/133, as revised September 27, 1999 to incorporate text changes outlined in the Planning and Economic Development Committee minutes, and that the Policies listed hereunder be incorporated into the City of Kitchener Council Policy Manual: Community Gardens Policies A. General For the purpose of this policy community garden is defined as a place where people come together to grow fruits, flowers and vegetables on a non-commercial basis. These are different from allotment gardens, which involve the leasing of public lands to individuals for the specific purpose of growing food for personal consumption or sale. The City of Kitchener recognizes that while gardeners participate in community gardening for a number of reasons including financial, environmental, social and political, the benefits of community gardens are far reaching. Some of these benefits include community building, creation of green space, city beautification and education. The City of Kitchener recognizes community gardens as a community development activity. 2. Community gardens in the City of Kitchener will be developed and run by community groups with the City acting in a facilitation and support role. The Building Community Gardens Manual will be used as a guide for community gardening in the City of Kitchener. In engaging in gardening activities, community gardeners at all times will protect their own safety and the safety of others. The City of Kitchener will facilitate and support community gardens in the following ways: COUNCIL MINUTES OCTOBER 4, 1999 - 405 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 3. Cont'd (a) Assist community groups in finding suitable sites for the development of community gardens. Suitable sites may include under-utilized public and private lands, as well as parklands, community centres, schoolyards, boule- vards, and cul-de-sac bulbs. Storm water management areas are not considered suitable sites for community gardens. (b) Encourage developers to make available suitable land for community gardens as part of the overall design of subdivisions, senior citizens complexes and homes. This should not necessarily be in excess of the required park land dedication. (C) Set up a land trust and encourage landowners to dedicate lands as permanent community garden sites. (d) Assist in the development of user agreements for City owned lands. (e) Assist with advertising and promoting community gardens events. (f) Liaise, when possible, with property owners on behalf of community gardens. (g) Assist with gardening advice on set up and with co-ordination of community garden projects. (h) Establish a small fund for start-up costs, normally not to exceed $1000.00 per garden, and provide water sources, when available, that can be easily accessed by gardeners. (i) Provide, subject to the availability of staff, equipment and material, rotatillers and transportation of topsoil and compost if community gardeners are unable to provide this on their own. Where cul-de-sac bulbs and boulevards are used for community gardens the following conditions will apply: (a) A neighbourhood consultation process will take place to determine support for the garden. (b) These areas will not be used for growing food. (C) Gardeners can obtain engineering drawings from the City's Public Works Department to determine the location of City in-ground structures before planting. Gardeners must "call before they dig" to determine the location of all in-ground structures. (d) Gardening activities must not take place on the road and plants must not obstruct roads and sidewalks. (e) Plantings in boulevards must not exceed a maximum height of 0.5 metres. (f) Plantings in cul-de-sac bulbs must not exceed a maximum height of 0.7 metres and must be shorter at the edge of the bulb to ensure visibility is not obstructed. (g) Plantings in both boulevards and cul-de-sac bulbs must have a minimum horizontal clearance of 1.2 metres from all utilities. COUNCIL MINUTES OCTOBER 4, 1999 - 406 - REPORTS ADOPTED BY COUNCIL PLANNING & ECOMONIC DEVELOPMENT COMMITTEE - (CONT'D) 3. 6. (Cont'd) CITY OF KITCHENER (h) Gardeners will be responsible for providing their own water when gardening in cul-de-sac bulbs and boulevards. Where parklands are used for community gardens the following conditions will apply: (a) A neighbourhood consultation process will take place to determine support for the garden. (b) The garden must operate in harmony with other activities in the park· (C) The garden site showing the plot layout and any structures and fences must be drawn up and approved by the Manager of Parks Operations. Structures must not require a building permit (must be less than 107 square feet) and must be easily movable. (d) Garden plots must be allotted in a fair and equitable manner· (e) Public access to the park must not be denied. (f) All maintenance standards of the Parks Division must be adhered to. (g) Gardeners must be responsible for the on going maintenance of the garden including grass cutting and trimming and all arrangements for waste management and disposal. Roles and Responsibilities of Various Departments Although it is evident that a number of departments have a role to play in facilitating the community gardens initiative there is a demonstrated need for a community gardens facilitator on staff. This individual will be the contact between the community and the various departments involved in the community gardens initiative, will assist with community garden start-ups and administer user agreement. Initially, it is recommended that this individual be hired on contract during the growing season. Suggested departmental roles and responsibilities are as follows: Parks and Recreation - Supply equipment, trucks, rototillers, compost, availability of staff, equipment and material - Provide garden advice on set up. subject to the Business and Plannin.q Services - Site plan, site history and zoning - Land ownership Public Works Provide advice on water resources and connection Provide engineering drawings 4. LeRal Help set up user agreements for City owned lands That funding in the amount of $10,000 to cover facilitation activity and start-up costs in support of the 'Community Gardens Policies' be referred to the Finance and Administration Committee for consideration during its review of Year 2000 Operating Budgets. COUNCIL MINUTES OCTOBER 4, 1999 - 407 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECOMONIC DEVELOPMENT COMMITTEE - (CONT'D) That the 1998 Annual Report of the Department of Business and Planning Services be received. COMMUNITY SERVICES COMMITTEE - That Council approve the request of Just Between Us for an in-kind grant in the amount of $332.73 to cover the cost of Rotunda rental and an attendant for their charity fashion show to take place on September 29, 1999. That the City of Kitchener continue to provide 'Art Works! Visual Festival Planning Committee' with funding and staff support; and further, That Council approve an increase in the 1999 grant to 'Art Works!' to a maximum of $8,000.00. That the City of Kitchener continue to provide the Christkindl Market committee with sponsorship of $10,000.00 and staff support from the Arts, Culture and Events Division. That Council approve, in principle, the Millennium Selection and recommendations for projects totaling $91,100.00, to be included in Province's Main Street Ontario Millennium Funding Program; and, Steering Committee's an application to the That letters of endorsement for the chosen projects be prepared by staff and signed by the Mayor, on behalf of Council, as required for inclusion in the application; and further, That Council approve, in principle, approximately $30,000.00 of the money currently in the Capital Budget for millennium funding, to be used as matching funds for the chosen projects, where deemed appropriate and at the discretion of the Millennium Selection and Steering Committee. That the City of Kitchener extend its current agreement with Brown's Fine Foods to provide food and beverage services for the Kitchener Memorial Auditorium Complex for the one-year period May 2000 - May 2001; and, That the City maintain an option of extending the agreement for 2 additional one-year periods, May 2001 - May 2002 and May 2002 - May 2003; and, That the minimum annual guarantee be increased to $205,000.00; and, That Brown's Fine Foods undertake a minimum of $50,000.00 in capital upgrades, prior to May 1, 2000, for kitchen improvements and equipment upgrades; and, That the capital upgrades be amortized over 3 years with the City reimbursing Brown's Fine Foods any balance remaining should an extension not be granted to the second or third year; and further, That the Mayor and Clerk be authorized to sign an amending agreement with Brown's Fine Foods provided such agreement is satisfactory to the City Solicitor. That the City's Manager of Purchasing execute contracts, on behalf of the City, with the Downchild Blues Band in the amount of $9,630.00, and with Looking Glass Productions in the amount of $27,500.00, to secure services at the Festival of the Night event to be held on December 31, 1999, subject to the contracts being satisfactory to the City Solicitor. That the City of Kitchener enter into an agreement, to be prepared by the City Solicitor, with Rockway Holdings Inc.; acknowledging the future conveyance of a portion of Part Lot 123, German Company Tract, extending from the top of the embankment, including the trees, to the edge of the Grand River, to the City for purposes of the Walter Bean Grand River Trail Project; and, COUNCIL MINUTES OCTOBER 4, 1999 - 408 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 7. Cont'd That the agreement further acknowledge that the City shall immediately construct a temporary path over the portion Rockway Holdings lands, intended to be conveyed to the City in the future, for use by the Walter Bean Trail Committee in respect to a fundraising event on October 2, 1999, provided that the liability for this event is assumed by the City, in said agreement, and by the Walter Bean Trail Committee, for the activities each are performing; and, That the agreement include provisions that the City, at its cost, obtain a market value appraisal of the subject lands and to issue a tax receipt in this regard to Rockway Holdings Inc., and that the formal trail be constructed by Seegmiller Construction, in consultation with the City's Parks and Recreation Department, in the fall of 1999; and further, That the Mayor and Clerk be authorized to execute the agreement and any other documentation required by the City Solicitor. That no action be taken on the request of the Regional Pride Committee of Waterloo Wellington for an in-kind grant in the amount of $200.00 to cover the cost of barriers, park tables and benches, and Park staff for their annual Pride Day Celebration which took place on June 19, 1999. FINANCE AND ADMINISTRATION COMMITTEE (Regular Meeting September 27, 1999) - That the following costs be included in the Capital Budget for the installation of emergency backup generators for evacuation centres and staged over a four year period as follows: 2000 Installation at KMA Complex $174 2000 Conversion at Forest Heights $ 23 2001 Installation at Breithaupt Centre $ 85 2002 Installation at Doon Pioneer Community Centre $ 48 2003 Installation at Country Hills Community Centre $ 35 $ 365 000 000 000 000 000 000 That Council approve the request of Globe Studios for a grant of $37,500.00 to cover the cost of their down-payment for the purchase of the former Bonnie Stuart building, 141 Whitney Place, as an over-expenditure of the 1999 Capital Contingency and; That Council approve the request of Globe Studios for an interest free loan in the amount of $20,000.00 to assist with studio renovations at 141 Whitney Place; and further, That the City of Kitchener provide Globe Studios with first mortgage financing respecting 141 Whitney Place in the amount of $75,000.00 on the following terms: a ten (10)year amortization period a six (6)% interest rate a five (5) year term (As Amended) That Council approve funding, in the amount of $26,000.00, for the purchase and installation of a photo I.D. system for City Hall, with the funds to be taken from the City Hall Contingency. That we approve the following process respecting construction of the addition to the KOR Gallery project (estimated total project cost of $138,000.00), with in-house staff providing project management services: 1) Proceed to tender project 2) Receive and review long term business plans for the project COUNCIL MINUTES OCTOBER 4, 1999 - 409 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE (Regular Meeting September 27, 1999) - 4. (Cont'd) 3) Based on the Business Plan review, consider the feasibility of utilizing the Community Loans Program to fund any capital cost excess beyond the $80,000.00 capital grant already approved by Council. 4) Based on the Business Plan review, determine level of "ability to pay" ongoing operating costs for the facility (i.e. utilities, maintenance, etc.). 5) Report to Council on approval of tender and recommended funding. (Dealt with under Delegations and Carried) FINANCE AND ADMINISTRATION COMMITTEE (Special Meeting September 27, 1999) - 1. That Council approve amendments to: Chapter 408 (Animals-Regulation), subject to inclusion of additional wording to Clause #6(b) (Section 408.2.10) to read as follows: 'provided that a wild-caught fish shall be deemed to be a permitted animal until January 1, 2004', Chapter 575 (Pet Shop) and By-law 98-185 (being a by-law to amend Chapter 530 with respect to Dogs) of the City of Kitchener Municipal Code, as identified in Schedule "B" attached to the report of Ms. L. Pasternak, Assistant City Solicitor, dated September 17, 1999; and, That the ad hoc committee on the City's animal control by-laws be continued, with a Councillor as the Chair; and, That the Animal Designation Appeal Committee be struck; and further, That the City staff representative on the ad hoc committee continue to act as the resource person and not as a member. (Dealt with under Delegations and Carried, as amended) COUNCIL MINUTES OCTOBER 4, 1999 - 410 - 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. Oktoberfest Licensin.q A.qreement - Queensmount Arena (Forest Ward) It was resolved: "That the Mayor and Clerk be authorized to execute a Licensing Agreement dated September 9, 1999 to allow the Lions Club of Kitchener to use Queensmount Arena during Oktoberfest from September 25, 1999 to October 17, 1999 for rent in the sum of $7,500.00, plus G.S.T." 2. Appointments - Tobacco By-law Review Committee Mr. G. Sosnoski advised the Committee that the Region of Waterloo has withdrawn its request that the City appoint representatives to the Region of Waterloo's Tobacco By- law Review Committee. 3. Various Licenses It was resolved: i) Refreshment Stand Licence "That the Kitchener Bauer Krauts Hockey Club, Kitchener, Ontario, be granted permission to operate a refreshment stand, at Forest Heights Collegiate, Kitchener, on October 16, 1999 provided that the necessary Fire and Health and Licence are obtained and further, that the nominal fee of $10.00 be applicable." ii) Civic Celebration Licences "That the following applicants be permitted to operate in the area of Frederick Street to Benton Street and Charles Street to Duke Street from October 8-16, 1999, inclusive, provided that the necessary Licenses and Health approvals are obtained: Grain Harvest Breadhouse Ontario Pork Producers Marketing Board Vans Original Belgian Waffles Four Points Hotel Elisabeth Horvath Garland Girl K.D.B.A. Hans Haus Christkindl Market Pretzels Waffles Hot Dog Cart Non Food Flowers Christkindl Hut Christmas Decorations." 4. Encroachment A.qreement (Rockway-Victoria Ward) It was resolved: "That subject to the property owner creating the required driveway visibility triangle and obtaining a minor variance from the Fence By-law, the Mayor and Clerk be authorized to execute an encroachment agreement with the property owner(s) of Lot 30 and Part Lot 31 according to Plan 652, municipally known as COUNCIL MINUTES OCTOBER 4 1999 -411 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 4. Encroachment Aqreement (Rockway-Victoria Ward) - (Cont'd) 462 Stirling Avenue South, to legalize an existing fence and hedge which encroach 2 feet 6 inches, more or less, onto the Highland Road East road allowance." 5. Aqreement - Common Counter at Business Enterprise Centre, City Hall It was resolved: "That the Mayor and Clerk be authorized to sign an agreement with Her Majesty the Queen in Right of Ontario to provide an "Ontario Information Common Counter" at the Business Enterprise Centre located in City Hall." Breithaupt Laneway - Ahrens Street to Marqaret Avenue - Clean Up and Safety Audit Implementation Process (Bridqeport-North Ward) In regards to the landscape trimming that took place on the Breithaupt Laneway from Ahrens Street to Margaret Avenue, Councillor J. Smola advised that he had delivered an explanatory package to the adjacent residents and reported that all responses were positive. It was resolved: "That Council adopt the following recommendations with respect to the Safety Audit Implementation process: That the Ward Councillor be specifically notified of work to be undertaken as part of the Safety Audit implementation where such work will impact directly or indirectly on residents; and, That the extent of Safety Audit Actions Notification include property owners and residents who may be impacted directly or indirectly by work on abutting public lands; and further, That the specific nature, degree and sensitivity associated with any clearing or trimming of vegetation be communicated to staff undertaking the work whether such staff are from Public Works or Parks and Recreation." 7. Sale of Raffle Tickets It was resolved: "That no action be taken on the Optimist Club of Aurora Inc. request for permission to sell raffle tickets in the City of Kitchener for a draw to be held on October 24, 1999 at the Royal Canadian Legion, Aurora, Ontario." 8. Food Vendors in Civic Square - Oktoberfest Openinq Ceremonies The Committee was in receipt of a memorandum dated October 4,1999 from J. Koppeser, Manager of Licensing. It was resolved: "That the following food vendors be approved to operate in Civic Square on October 8, 1999, during the Oktoberfest Opening Ceremonies, providing the necessary licences including Health and Fire approvals are obtained: COUNCIL MINUTES OCTOBER 4 1999 - 412 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 8. Food Vendors in Civic Square - Oktoberfest Openin.q Ceremonies - (Cont'd) Grain Harvest Breadhouse Domino's Subway." 9. Encroachment A.qreement - 72 Victoria Street South (Rockway-Victoria Ward) The Committee was in receipt of a memorandum dated October 4,1999 from Ms. L. MacDonald, Assistant City Solicitor. It was resolved: "That the Mayor and Clerk be authorized to execute an encroachment agreement with the owner(s) of the property municipally known as 72 Victoria Street South to permit a fire exit door, when opened, to extend 2 feet 8 inches, more or less, into the Joseph Street road allowance." 10. Raffle - Alzheimer Society of Ontario The Committee considered a memorandum dated September 30,1999 from the Manager of Licensing. It was resolved: "That the City of Kitchener has no objection to the Alzheimer Society of Ontario, 1200 Bay St., Suite 202, Toronto, Ontario, M5R 2A5, being granted permission to sell tickets in the City of Kitchener for raffle draws to be held on December 1 and 15, 1999, with the draws to be held at the Toronto offices of KPMG, 200 Consumers Rd., Suite 500, Willowdale, Ontario." 11. Massa.qist Licence A memorandum dated October 4, 1999 was distributed this date from J. Koppeser, Manager of Licensing. It was resolved: "That Tania Wojcik, who is employed at 2271 Kingsway Dr., Kitchener, be granted a Massagist licence for the year 1999." 12. Agreement Under The Ontario Building Code - 14 Colver Place (Bridgeport- North Ward) The Committee considered a request outlined in a memorandum dated October 4, 1999 from Ms. L. MacDonald, Assistant City Solicitor. The issue relates to a request to construct a residential dwelling with more windows in the side wall facing the Grand River than would be permitted under the Building Code, subject to an approved procedure under the Code to grant relief by means of an agreement. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement with the registered owner(s) of Lot 10 according to Registered Plan 58M-113, municipally known as 14 Colyer Place, pursuant to Section 9.10.14.12(5) of the Ontario Building code, said agreement to permit the construction of a residential dwelling with the limiting distance for the exposing building face being measured to a point beyond the property line on the adjacent City owned parkland."