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HomeMy WebLinkAboutCouncil Minutes - 1999-11-29COUNCIL MINUTES NOVEMBER 29, 1999 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillor T. Galloway. The meeting began with the singing of "O Canada" by Miss Maria Heemskerk, King School of Vocal. Mayor C. Zehr thanked Miss Heemskerk for her rendition of the National Anthem. On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held November 15, 1999, and special meetings held November 11, 15 and 22, 1999, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS - NIL Mr. L. Gordon, Manager of Purchasing, was in attendance to answer any questions concerning the tender distributed this date for addition to the agenda. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That Tender T99-103, Fleet Vehicles (Cab & Chassis and Pickup Truck), be awarded to Steve Scherer Pontiac Ltd., Kitchener, at their total tendered price of $52,788., plus G.S.T. and P.S.T." Carried. Ms. Marie Morrison and Laura Johnson were registered as delegations in respect to presentation of a report by Ms. Johnson's University of Waterloo planning class on their survey results for the Healthy Communities Initiative. Prior to the presentation, Mr. B. Stanley pointed out that Ms. Morrison would be outlining the community vision exercise. She then made a presentation utilizing the overhead projection system and pointed out that the end target date was to make a formal presentation to City Council at its meeting to be held on June 5, 2000. In her presentation Ms. Morrison listed objectives of the initial consultation, the four survey questions that were asked and the methods that were to be utilized to develop a final presentation on this community visioning. Ms. Morrison then introduced Professor Laura Johnson whose University of Waterloo Planning 350 class had undertaken the Healthy Communities Telephone Survey and three students: Pam Anderson, Tim Van Hinte and Todd Kerr who provided an overview and summary of the survey results which were outlined in a submission circulated to City Council. Following their presentation, Councillor G. Lorentz referenced the finding that downtown residents did not think safety was an issue in the downtown, whereas residents of the suburbs felt it was an issue in the downtown. Moved by Councillor K. Taylor-Harrison Seconded by Councillor B. Vrbanovic "That Kitchener City Council extend thanks and appreciation to the University of Waterloo Planning 350 class and to Professor Laura Johnson for the work undertaken as part of Compass Kitchener on the Healthy Communities Telephone Survey." Carried. Mayor C. Zehr requested that Members of Council have regard for a summary of key dates in the Compass Kitchener program that have been provided. Mr. Drew Hamilton, Director of Business Development for the LGS Group Inc., appeared as a delegation to outline results of review of the KOR Gallery and Studios business plan as referenced in his November 25, 1999 submission attached to the agenda. He expressed the opinion that the business plans were well researched and documented and that the operational plan was feasible. Accordingly, he indicated full support for the business plans and administrative programs proposed by Deborah Rothwell on behalf of the KOR Gallery and Studios. Ms. Deborah Rothwell appeared as a delegation in support of her November 25, 1999 correspondence attached to the agenda. She advised that the KOR Gallery and Studios Millennium Grant proposal document had been distributed to Council. Ms. Rothwell expressed thanks to those who participated in development of the business plan and also commented on a concept involving COUNCIL MINUTES NOVEMBER 29, 1999 - 503 - CITY OF KITCHENER exchange of artists from Innsbruck, Austria. She pointed out that KOR would be in need of an extension of temporary occupancy of the former fire hall on Highland Road as it was unlikely the addition to the KOR Gallery would be complete by December 31, 1999. Further she indicated that a City of Kitchener parade float was stored in the garage bay of the Highland Road property and they were in need of that space by December 8, 1999 for purposes of the KOR Solstice event. Ms. Rothwell then read the three requests outlined in her correspondence and asked for Council approval in resolution form of: confirmed use of the glass studio for the length of the Millennium Grant to develop and operate a community glass studio, should the Millennium Grant be awarded by the Federal government 2) clarification of the resolution pertaining to the capital costs beyond the initial grant of $80,000. 3) waiving of rent, utilities and service and maintenance fees for KOR Gallery and Studios, 79 Joseph Street and the proposed glass studio, for the length of the Millennium Grant. Mayor C. Zehr questioned what plans there were following expiration of the one-year Millennium Grant allocation. Ms. Rothwell advised that they were developing a realistic business plan, incorporating as a not-for-profit organization and could approach the Ontario Arts Council or the Region of Waterloo should there be a need for future grants. In response to Mayor C. Zehr, Ms. Houston advised that staff have not had an opportunity to review the financial information provided by Ms. Rothwell. Ms. Rothwell reiterated the need for confirmation from Council as to use of the glass studio and construction of the addition to support their Millennium Grant application. Mr. G. Borovilos noted that it was his experience that there was an approximate six-week window of opportunity to provide supplementary documentation in support of grant applications. Mr. J. Gazzola advised that a tender has not been called for the addition to the KOR Gallery as staff were waiting to first analyze the financial information that was just received this date and report to Council. Further discussion took place and Mr. Gazzola requested Council defer Ms. Rothwell's request for two weeks to allow staff to study the Business Plan and provide Council with comment at its December 13, 1999 meeting. Moved by Councillor M. Yantzi Seconded by Councillor B. Vrbanovic "That consideration of the following requests outlined in the November 25, 1999 correspondence of Ms. D. Rothwell, KOR Gallery and Studios, be deferred and referred to the December 13, 1999 Council meeting for consideration in conjunction with a staff report on her requests as follows: 1) confirmed use of the glass studio for the length of the Millennium Grant to develop and operate a community glass studio, should the Millennium Grant be awarded by the Federal government; 2) clarification of the resolution pertaining to the capital costs beyond the initial grant of $80,000.; 3) waiving of rent, utilities and service and maintenance fees for KOR Gallery and Studios, 79 Joseph Street and the proposed glass studio, for the length of the Millennium Grant; and further, That City staff work with KOR Gallery and Studio to identify options in regard to a longer term location for the glass studio." Carried. Mayor C. Zehr requested that Messrs. J. Gazzola and R.W. Pritchard address the issue of storage needs respecting the City of Kitchener float currently housed in the former Fire Department headquarters. Mayor C. Zehr advised that Ms. K. Reiber was in attendance in regard item B.6 of the Committee of the Whole agenda dealing with a Committee of Adjustment recommendation. COUNCIL MINUTES NOVEMBER 29, 1999 - 504 - CITY OF KITCHENER Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That Council ratify and confirm the November 16, 1999 decision Adjustment recommending approval of: Submission No. F 15/99 - Craig & Krista Reiber (145 Wilderness Drive)." of the Committee of Carried. At the special Council meeting held November 22, 1999, Councillor T. Galloway gave notice that at the meeting this date he would introduce a Motion for Reconsideration of Council's October 4, 1999 decision concerning a grant, an interest-free loan and first mortgage financing in respect to Globe Studios and the property at 141 Whitney Place. In view of Councillor Galloway not being able to attend the meeting this date, Councillor M. Yantzi indicated that he would put forward the motion to reconsider on Councillor Galloway's behalf. Moved by Councillor M. Yantzi Seconded by Councillor K. Taylor-Harrison "That Council reconsider its decision of October 4, 1999, concerning a grant, an interest4ree loan and first mortgage financing in respect to Globe Studios and the property at 141 Whitney Place." Carried with required 2/3 majority of members present. Moved by Councillor M. Yantzi Seconded by Councillor B. Vrbanovic "That Clause 2 (Globe Studios) of the Finance and Administration Committee report adopted by Council on October 4, 1999, be rescinded and the following resolution substituted therefor: 'That Council approve the request of Globe Studios for a grant of $37,500.00 to cover the cost of their downpayment for the purchase of the former Bonnie Stuart building, 141 Whitney Place, Kitchener, as an over-expenditure of the 1999 Capital Contingency; and, That Council approve the request of Globe Studios for a five (5) year interest free loan in the amount of $20,000.00 to assist with studio renovations at 141 Whitney Place, Kitchener, to be repaid, at a minimum, by five (5) equal payments per annum with the Mayor and Clerk authorized to sign an agreement in that regard, satisfactory to the City Solicitor; and, That the City of Kitchener provide Globe Studios with a loan in the amount of $75,000.00 to assist in its purchase of 141 Whitney Place, Kitchener, with the Mayor and Clerk authorized to sign an agreement in that regard, satisfactory to the City Solicitor, with the following terms: (a) (b) (c) a ten (10)year amortization period; a six (6) percent interest rate; and a five (5) year term; and further, That the above referenced grants be conditional upon the City of Kitchener receiving proof that Globe Studios and its co-purchaser (by way of tenants-in-common) have entered into a co-tenancy agreement, satisfactory to the City Solicitor, with such co-tenancy agreement not subject to amendment during the period of the loans without the consent of the City of Kitchener and with the City of Kitchener as a party to that agreement, if necessary for that purpose, with the Mayor and Clerk having authority to sign the said agreement on behalf of the City of Kitchener'." Carried. COUNCIL MINUTES NOVEMBER 29, 1999 - 505 - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee of Council be adopted .' On motion by Councillor C. Weylie, seconded by Councillor M. Yantzi, it was agreed that action on Clause 1 be deferred to a future meeting for consideration. The report was voted on clause by clause. Clause 1 - Action deferred and referred to a future meeting for consideration· Balance of report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That the report of the Community Services Committee be adopted." Councillor J. Ziegler referred to Clause 1 and suggested that the 1 percent ratio of construction costs toward the commission of public art be capped respecting large value projects. He suggested that a sliding scale budget allocation could be considered as follows: 1 percent on the first million, ¼ percent on the second million and ¼ percent on values above $2M. A motion was moved by Councillor J. Ziegler, seconded by Councillor G. Lorentz, to amend Clause 1 of the report so as to provide for a sliding scale allocation for the commission of public art. A discussion of Clause 1 took place with several members of Council expressing their views. Mr. B. Stanley advised that the Urban Design Manual document to be considered by the Planning and Economic Development Committee at its December 6th meeting referenced the 1 percent allocation in its recommendations. Councillor G. Lorentz maintained that there should be reasonable cost guidelines and it was his preference to see the private sector get more involved in this issue. On motion by Councillor B. Vrbanovic, seconded by Councillor J. Haalboom, it was agreed to defer consideration of the proposed amendment and Clause 1 and refer the matter back to the Public Art Committee with a request that it consider establishing an allocation formula in respect to large value projects. The report was then voted on clause by clause. Clause 1 - Action deferred and referred back to the Public Art Committee to consider establishing an allocation formula in respect to large value projects· Balance of report - Carried. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That the report of the Finance and Administration Committee be adopted." Mayor C. Zehr referred to Clause 7 (Inner City Night Club) of the report. He advised that he had received a letter from Mr. Ioannou requesting clarification of the Committee's November 22nd resolution and in the same letter, he itemized how the nightclub intended to operate from a good business practices point of view. Councillor B. Vrbanovic requested that Clauses 7 and 8 of the report be dealt with separately. In respect to Clause 8, he questioned why a letter was being sent to the Alcohol & Gaming Control Commission (AGCC) that made reference to the Inner City Night Club. Mayor C. Zehr responded that the length of time the application was before the Commission for consideration was the point of concern; however, Councillor B. Vrbanovic maintained that the Commission had just followed established process. Mr. J. Shivas indicated that staff had a concern with respect to the entire liquor licence process involving legislation, regulations and AGCC practice and noted that answers to questions raised with the Commission seemed to vary from time to time. COUNCIL MINUTES NOVEMBER 29, 1999 - 506 - CITY OF KITCHENER Councillor B. Vrbanovic requested that Clause 8 be reworded so as to delete reference to the Inner City Night Club. Councillors J. Ziegler and G. Lorentz accepted this request as a friendly amendment to Clause 8. Councillor B. Vrbanovic then advised that he was opposed to Clause 7 of the report as in his view the City was sending a negative message to the AGCC regarding the Inner City Night Club notwithstanding that the applicant had followed all of the required procedures. Mayor C. Zehr explained that it had been the Committee's objective to maintain consistency as to existing Council policy. Councillor J. Ziegler noted that the point was that the City was not able to participate in the AGCC's licence consideration process and did not have an opportunity to support or object within the process that led to issuance of the licence by the AGCC. Councillor K. Taylor-Harrison commented that she had received significant response in opposition to issuance of the licence. A motion was introduced by Councillor J. Ziegler, seconded by Councillor G. Lorentz, to amend Clause 7 and reword it such that Council emphasize its lack of opportunity to participate in the licence application process and that Council was concerned that in future if they are not informed, Council could not apply its February 1, 1999 policy. It was requested that Council meet in-camera to receive legal advice. Moved by Councillor Jake Smola Seconded by Councillor John Smola "That an in-camera meeting of City Council be held immediately to consider a matter subject to solicitor-client privilege." Carried. The Council meeting then recessed at 8:55 p.m. and re-convened at 9:20 p.m. Councillor J. Ziegler withdrew his motion to amend Clause 7 of the report. The report was voted on clause by clause. Clause 7 - Carried on a recorded vote. In Favour: Mayor C. Zehr and Councillors. K. Taylor- Harrison, M. Yantzi, J. Haalboom, J. Ziegler and C. Weylie Contra: Councillors John Smola, B. Vrbanovic, G. Lorentz and Jake Smola Clause 8 - 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 (Special Meeting - November 29, 1999) be adopted." Carried. Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That the report of the Public Works and Transportation Committee be adopted." Carried. COUNCIL MINUTES NOVEMBER 29, 1999 - 507 - CITY OF KITCHENER Councillor J. Haalboom pointed out that the first edition of Heritage Kitchener's newsletter had been distributed. She also noted that December 17, 1999 was the deadline date in respect to the Mike Wagner Heritage Awards. Mayor C. Zehr advised that Council was in receipt of a report outlining 1999 highlights of operations of the Homer Watson House & Gallery and plans for the year 2000. At the request of Mr. G. Sosnoski, Deputy City Clerk, the by-law listed on the agenda as item 9(b) and 12(b) with respect to zoning of 118 Pandora Avenue was withdrawn as conditions of the application have not been fulfilled. Council also consented to a request to add seven by-laws to the agenda for three readings this date that would implement the various tariff of fees referred to in the Finance and Administration Committee report arising from its special meeting held this date. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) Being a by-law to amend Chapter 375 of The City of Kitchener Municipal Code with respect to Tariff of Fees - Committee of Adjustment. (C) Being a by-law to amend Chapter 877 of The City of Kitchener Municipal Code with respect to snow removal from downtown sidewalks. (d) Being a by-law to exempt certain lots from Part Lot Control - Lot 4, Registered Plan 1134 - Randerson Avenue. (e) Being a by-law to amend By-law 99-106 regarding Development Charges. (f) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- 790072 Ontario Limited - Fairway Road South. (g) To confirm all actions and proceedings of the Council. (h) Being a by-law to amend By-law 99-82 to establish legal fees for the preparation and processing of agreements and other documentation. (i) Being a by-law to amend Chapter 584 of The City of Kitchener Municipal Code with respect to Refreshment Places. (j) Being a by-law to amend Chapter 505 of The City of Kitchener Municipal Code with respect to Adult Entertainment Parlour - Regulation. (k) Being a by-law to amend Chapter 549 of The City of Kitchener Municipal Code with respect to Itinerant Temporary Vendor Permanent - Temporary Markets. Being a by-law to amend Chapter 586 of The City of Kitchener Municipal Code with respect to Refreshment Vehicles. (m) Being a by-law to amend Chapter 380 of The City of Kitchener Municipal Code with respect to Tariff of Fees - Planning Matters. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor B. Vrbanovic as Chair. NOVEMBER 29, 1999 COUNCIL MINUTES - 508 - CITY OF KITCHENER On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "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." Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That the by-laws listed on the agenda for third reading, namely: (a) (b) (C) (d) (e) (f) 7I (g) (h) (i) (j) Carried. To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 99-205) Being a by-law to amend Chapter 375 of The City of Kitchener Municipal Code with respect to Tariff of Fees - Committee of Adjustment. (By-law No. 99-206) Being a by-law to amend Chapter 877 of The City of Kitchener Municipal Code with respect to snow removal from downtown sidewalks. (By-law No. 99-207) Being a by-law to exempt certain lots from Part Lot Control - Lot 4, Registered Plan 1134 - Randerson Avenue. (By-law No. 99-208) Being a by-law to amend By-law 99-106 regarding Development Charges. (By-law No. 99-209) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- 790072 Ontario Limited - Fairway Road South. (By-law No. 99-210) To confirm all actions and proceedings of the Council. (By-law No. 99-211 ) Being a by-law to amend By-law 99-82 to establish legal fees for the preparation and processing of agreements and other documentation. (By-law No. 99-212) Being a by-law to amend Chapter 584 of The City of Kitchener Municipal Code with respect to Refreshment Places. (By-law No. 99-213) Being a by-law to amend Chapter 505 of The City of Kitchener Municipal Code with respect to Adult Entertainment Parlour - Regulation. (By-law No. 99-214) NOVEMBER 29, 1999 (k) COUNCIL MINUTES - 509 - CITY OF KITCHENER Being a by-law to amend Chapter 549 of The City of Kitchener Municipal Code with respect to Itinerant Temporary Vendor Permanent - Temporary Markets. (By-law No. 99-215) (m) Being a by-law to amend Chapter 586 of The City of Kitchener Municipal Code with respect to Refreshment Vehicles. (By-law No. 99-216) Being a by-law to amend Chapter 380 of The City of Kitchener Municipal Code with respect to Tariff of Fees - Planning Matters. (By-law No. 99-217) 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 NOVEMBER 29, 1999 - 510 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - That the City accept the Offer to Purchase from Torbram Electric Supply Corp. for Part 4 Reference Plan 58R-5310. The parcel of land has an approximate area of 1.97 acres (.79 ha). The majority of the land is being sold at a price of $75,000 per acre, however, the rear sloped portion of the property will be discounted to $5,000 per acre. In this regard the total purchase price will be determined upon completion of a grading report; and further, That the Mayor and Clerk be hereby authorized to execute any other necessary documentation required by the City Solicitor. (Action deferred and referred to a future meeting for consideration) That Zone Change Application ZC99/21/F/JG (589 Fairway Road South -790072 Ontario Ltd.), to delete special use provision 112U from lands zoned Highway Commercial (C-8) legally described as Lot 4, Registrar's Compiled Plan 1525, save and except for Part 5 on Reference Plan 58R-472, be approved in the form shown in the attached "Proposed By-law", dated October 27, 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 Zone Change Application ZC 99/17/P/GR (118 Pandora Avenue North - Andrew and Maxine Burry) requesting a change in zoning from Residential Four Zone (R-4) to Residential Five Zone (R-5) with special regulation 317R on lands legally described as Part of Lots 9, 10 and 11, Plan 232, be approved in the form shown in the attached "Proposed By-law", dated revised October 18, 1999, subject to the following conditions being satisfied prior to any readings of the By-law by Council: 1) 2) 3) The erection of barriers to prevent existing parking along Pandora Avenue from being used. Approval of a site plan by the Manager of Design and Development indicating the means by which the existing parking along Pandora Avenue will be landscaped. The owner acknowledges that Condition 1 and 2 are to be satisfied no later than seven months after Council having approved by resolution Zone Change ZC 99/17/P/GR. In the event this resolution is not fulfilled within the seven month period, Council shall consider rescinding the zone change approval. 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. COMMUNITY SERVICES COMMITTEE - That the City of Kitchener allocate 1% of the budget for construction costs of civic buildings or other civic projects intended for general public use, to be used towards the commission of art to be displayed in public areas or as part of the building structure; and, That the City of Kitchener encourage new commercial and institutional construction or renovation with values over $1M to allocate 1% of the construction budget for the provision of public art; and, That the standard for public art found in the Urban Design Manual be used to provide assistance in determining location and selection of theme, kind and nature of the art form; with the Public Art Committee to be available as a resource in this regard; and further, That a representative from the Public Art Committee or designate be involved with the design process for all new civic facilities at the earliest possible point, to ensure that the location for the work is well integrated in the building and maximises its public exposure. (Action deferred and referred back to the Public Art Committee to consider establishing an allocation formula in respect to large value projects.) COUNCIL MINUTES NOVEMBER 29, 1999 - 511 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) That staff be directed to include the proposed Seniors' Woodworking and Craft Centre, as presented at the Community Services Committee meeting of November 22, 1999, in the Community Centre Feasibility Study; and, That staff investigate possible locations for a Seniors' Woodworking and Craft Centre and report back to the Community Services Committee in January 2000; and further, That staff of the Leisure Programs and Support Services Division, in conjunction with a committee of seniors, undertake a survey to determine the extent of support in the seniors' community for a Seniors' Woodworking and Craft Centre. That the City of Kitchener support the K-W Curling Bid Committee pursuit of the Scott Tournament of Hearts (Canadian Women's Curling Championship) in 2003; and further, That should the event be awarded to the City of Kitchener, the local host committee make a presentation to a future Council requesting a grant for a premier level sponsorship. That, subject to the year 2000 operating grant for the Homer Watson House Foundation being increased to $85,000.00, the remaining year 2000 annual operating grants receive 0% increase over 1999; and, That the organizations be notified by staff of their year 2000 operating grant allocations; and further, That organizations wishing to appear before the Community Services Committee with respect to their year 2000 operating grant allocation, notify the Parks & Recreation Department. That the Cemetery and Golf Operations Division proceed with the acquisition of cremation urns for sale, in conjunction with the various niches at Williamsburg Cemetery. FINANCE AND ADMINISTRATION COMMITTEE - 1. That Council approve the following reorganization for the Facilities Management Division: a) b) C) d) e) f) Eliminate one Environmental Engineering position; Eliminate one Alarm Maintenance Technician position; Reinstate the Administrative Assistant position in City Hall; Create one new Project Management position; Create one new Energy Systems Technician position; Create one new Clerical position at Elmsdale; and further, That the following project management cost recovery formula be approved: FEESCHEDULE PERCENTAGE OF PROJECT BUDGET Proiect Type Conceptual/ Schematic Desi.qn Contract Doc. Construction & & Tenderin.q Commissionin.q Project Requiring Complete Consultant Services 1 1 1 Partial Consultant 2 Services Required 2to6 2to5 No Consultant 2 Services Required 8 5 COUNCIL MINUTES NOVEMBER 29, 1999 - 512 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) That Council approve an application from Deutschmann & Kelly for a "Grant-in-Lieu of Building Permit Fee" in the amount of $1,713.00 under the Downtown Financial Incentive Program for renovations to 150 Duke Street West, Kitchener. That Council approve an application from Gordon Straus for a "Grant-in-Lieu of Building Permit Fee" in the amount of $277.20 under the Downtown Financial Incentive Program for renovations to the retail store at 207 King Street West, Kitchener. That three food vendors be granted permission to locate in Victoria Park or on Civic Square during the Festival of the Night celebrations, December 31, 1999, provided the necessary licences are obtained, including the signatures of Fire and Health; and further, That the $25.00 Special Event licence fee be applicable. That Council take no further action on the request of the K-W Youth Collective proposal for a youth drop-in centre in Downtown Kitchener at this time. That no action be taken on the request of the Kitchener Pioneer Lions Club to remove the current prize board restriction of $3,000 with a maximum of six $5,500 prize boards per calendar year, for the Lions T. V. Bingo; and, That Council approve the request of the Kitchener Pioneer Lions Club to sell media bingo cards, for the Lions T. V. Bingo, in the City of Kitchener for a further year, March 1, 2000 to February 28, 2001, subject to maintaining the existing approved prize board structure; and further, That the Kitchener Pioneer Lions Club submit all their financial statements to date, with respect to the Lions T.V. Bingo, and on an annual basis, all subsequent financial statements in this regard to the City's Manager of Licensing. That, notwithstanding the fact that a liquor licence has been issued to Inner City Nightclub, (1306677 Ontario Ltd.) to operate at 276 King Street West, Kitchener, Council go on record with the Alcohol and Gaming Control Commission of Ontario that, in keeping with its established policy set February 1, 1999, Council would have objected to the granting of the liquor licence had it been aware of the pending licence. That staff be directed to prepare a letter to the Alcohol and Gaming Control Commission of Ontario expressing the City of Kitchener's concerns about the process respecting issuance of liquor licences; and further, That a copy of this letter be sent to the Premier of Ontario, the Minister of Consumer and Commercial Relations, the local members of Provincial Parliament and AMO. (As Amended) That Schedules "A" and "B" of By-law 99-106, being Chapter 315 (Development Charges) of the City of Kitchener Municipal Code, be amended as contained in the draft by-law dated November 2, 1999, with respect to removal of all charges, requirements and references to the Transit Service; and further, That Council approve Amendment # 1 to the Development Charges Policy Background Study, dated November 22, 1999. 10. That the City support the "Partners Against Crime" funding application pilot project through coordination, active promotion of the program and the training of one person (to be hired by the Kitchener Downtown Business Association) in the use of a vehicle and equipment; and, That Public Works, Parks and Facilities Management track and report on the incidents and costs of graffiti and vandalism so that the extent of the problem on City property is understood, COUNCIL MINUTES NOVEMBER 29, 1999 - 513 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 10. (Cont'd) the effects of the removal program can be evaluated, and the Police are given evidence which may be used in prosecutions; and, That the City review its policies and practices to ensure that graffiti deterrents are considered in the design and maintenance of municipal facilities and that staff disseminate information to encourage residents, and the building and development industry to adopt similar practices; and further, That staff explore the idea of developing and maintaining City sanctioned "graffiti boards" to give youth an approved outlet for self-expression. FINANCE AND ADMINISTRATION COMMITTEE (Special Meeting November 29, 1999) - That the Region of Waterloo be requested to consider whether they should have 2 levels of fees for Condominium approvals: one fee when they are the approval authority and a different fee when they are a commenting agency. That the 2000 fees for Planning Applications; save and except for condominium applications, to be considered early in 2000, be approved as outlined in the Comprehensive Fee Review document, dated revised November 9, 1999; and further, That the Tariff of Fees By-law be amended accordingly. That the Building Permits and Fees be approved, as outlined in the Comprehensive Fee Review document, dated revised November 9, 1999. That the 2000 fees for the Corporate Services and City Clerk's Department be approved, as outlined in the Comprehensive Fee Review document, dated revised November 9, 1999; and further, That the Tariff of Fees By-laws for Committee of Adjustment and Licensing be amended accordingly. That the 2000 fees for the Finance Department be approved as outlined in the Comprehensive Fee Review document, dated revised November 9, 1999; and further, That staff report on implementing a combined certificate for Taxes and Utilities· That the 2000 fees for the Fire Department be approved as outlined in the Comprehensive Fee Review document, dated revised November 9, 1999. That the 2000 fees for the Legal Department be approved as outlined in the Comprehensive Fee Review document, dated revised November 9, 1999; and further, That the Tariff of Fees By-law be amended accordingly. That the City Hall rental fees for 2000 remain at the 1999 level, pending a staff report to the Finance and Administration Committee no later than the end of February 2000. That the 2000 fees for the Parks and Recreation Department, save and except for the Cemetery Fees and City Hall rental fees, be approved as outlined in the Comprehensive Fee Review document dated revised November 9, 1999; subject to the following amendments: (a) K-W Inline Hockey fees (i) (ii) Player - from $200 to $160 2 or more/family - from $190 to $150 COUNCIL MINUTES NOVEMBER 29, 1999 - 514 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE (Special Meeting November 29, 1999) - (CONT'D) 9. (Cont'd) (b) Kitchener Hockey School fees (i) (ii) (iii) (iv) Elite - 1 week- from $202 to $195 Elite - 2 week - from $350 to $340 Goal tender - week - from $187 to $180 Bantam, midget, jr. -from $202 to $190 (c) Golf Course Green Fees/Members Fees (i) (ii) Visitor 18 holes- from $20.00 to $18.00 Visitor - S, S&H - from $24.50 to $22.00; and That the 2000 Cemetery Tariff of Charges, as outlined in the Comprehensive Fee Review document, dated Revised: November 9, 1999, as considered by the Finance and Administration Committee on November 29, 1999, be approved; with staff to report to the Finance and Administration Committee on the costs included in the memorial bench fee; and further That staff forward the Tariff of Charges to the Cemeteries Regulations Branch of the Ministry of Consumer and Commercial Relations for filing in order that the proposed fees become effective on January 1, 2000. 10. That the 2000 fees for the Public Works Department be approved, as outlined in the Comprehensive Fee Review document, dated revised November 9, 1999. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That the Council of the Region of Waterloo be advised that the City of Kitchener recommends to the Regional Engineering Committee that the Downtown Kitchener West Side Connection Study and preferred alternative, as prepared by Stantec Consulting Limited, be accepted; and further, That the Region be encouraged to undertake implementation of this project as part of its 2001 budget and to expedite this project through allocation of proceeds received from the sale of surplus lands previously acquired for the Queen/Benton diversion. That a temporary double-gate diverter be installed on the Iron Horse Trail at the Queen Street crossing for a trial period of one year; and, That existing barrier curbs be opened, street name signs be installed, and additional pavement markings (dots) be implemented; at all mid-block crossings of the Iron Horse Trail; and further, That staff monitor and report back to the Public Works and Transportation Committee on the operation of the Queen Street crossing and the effectiveness of the double-gate diverter following the one year trial period. That parking be prohibited anytime on the west side of Stanmore Avenue from a point 49 metres north of Keewatin Avenue to a point 78 metres north of Keewatin Avenue, and on the east side of Stanmore Avenue from a point 72 metres south of Otterbein Road to a point 186 metres south of Otterbein Road; and further, That the Uniform Traffic By-law be amended accordingly. COUNCIL MINUTES NOVEMBER 29, 1999 - 515 - 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 ACTING CHIEF ADMINISTRATIVE OFFICER - 1. Execution of En.clineerin.cl A.clreement - WEST WARD It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and MTE Consultants Inc., regarding the reconstruction of Glasgow Street (Knell Drive to Fischer-Hallman Road)." 2. Appointment- Safe City Committee It was resolved: "That Inspector Brian Doherty be appointed to the Safe City Committee representing Waterloo Regional Police Services - Division 1 to fill the vacancy created by the resignation of Rita Westbrook and for a term expiring November 30, 2000." 3. Easement A.clreement - West Meadow Drive - WEST WARD It was resolved: "That the City prepare a Release to abandon a temporary Easement transferred by Activa Development Corporation to the City for a secondary means of access through its property designated as Parts 91 and 92, Plan 58R-11976 adjacent to Block 14, Registered Plan 1811; Further, that the Mayor and Clerk be authorized to execute all documentation required by the City Solicitor to complete this transaction." 4. Service A.clreement - Country Livery Services Inc. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with Tim Weiler - Country Livery Services Inc., that provides for payment of $750.00 to Country Livery Services Inc., in exchange for providing horse drawn carriage rides to the public, free of charge, between the Kitchener Farmers' Market and City Hall as part of the Christkindl Market Festival on December 11, 1999 between 9:00 a.m. to 2:00 p.m." 5. Taxi Service A.clreement - Hendry Coach Lines Inc. Councillors G. Lorentz and B. Vrbanovic questioned the purpose of the agreement and whether or not it had been discussed with the Region of Waterloo. Mr. Shivas responded that it may not have been specifically with Regional officials but he pointed out there were numerous agreements in place with respect to transit issues. Councillor John Smola acknowledged that the Regional Transit Transition Group was aware of the fact that various agreements pertaining to transit issues would have to be transferred to the Region. COUNCIL MINUTES NOVEMBER 29, 1999 - 516 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL B. REPORT OF THE ACTING CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 5. Taxi Service A.clreement - Hendry Coach Lines Inc. - (Cont'd) It was resolved: "That Council ratify and confirm Acting C.A.O. James Shivas' authority to sign, on behalf of the City of Kitchener, the BusPlus program Agreement dated November 26, 1999 with Hendry Coach Lines Inc. relating to a Bus/Taxi Service Feeder System to the Regular Transit System pursuant to the awarded tender approved by Council on November 1, 1999." 6. Committee of Adjustment - SOUTH WARD This item was dealt with under delegations.