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HomeMy WebLinkAboutCouncil Minutes - 1999-12-13COUNCIL MINUTES DECEMBER 13, 1999 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by Miss Chelsea Lahey, King School of Vocal. Mayor C. Zehr thanked Miss Lahey for her rendition of the National Anthem. On motion by Councillor T. Galloway, the minutes of the regular meeting held November 29, 1999, and special meetings held November 29 and December 6, 1999, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE- (1) Correspondence from Duane Daly, Dominion Secretary, Royal Canadian Legion, thanking Council for the exemption granted on the City's portion of taxes for the Legion's Kitchener branches. (2) Correspondence from Lynn Myers, MP, Waterloo-Wellington, acknowledging receipt of Council's November 15, 1999 resolution concerning a national child care program. (3) Correspondence from Kirk Cox, Special Assistant, Office of the Minister of Transport, acknowledging receipt of Council's August 30, 1999 resolution requesting that municipalities be consulted prior to major operational changes by railways. COMMUNICATIONS REFERRED TO THE COMMITTEE OF THE WHOLE - (1) Letter dated December 8, 1999 from R.W. Pritchard, General Manager of Corporate Services and City Clerk, relative to applications for cancellation, refund, reduction or levy of taxes. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation with respect to the tenders listed on the Committee of the Whole agenda. He asked that in addition to the tenders listed on the agenda, Council consider a staff recommendation concerning Tender T99-102 (Boiler Replacement - Kitchener Memorial Auditorium Complex), which was circulated to Council this date. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That Expression of Interest E99-105, Consultant Services - College Street Reconstruction (Ahrens Street to Duke Street), be awarded to Conestoga-Rovers & Associates, Waterloo, at their estimated fee of $81,748., including G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Proposal P99-107, Integrated Golf Management System, not be awarded and further that the Manager of Purchasing, with the assistance of Golf Division and Information Services staff, be authorized to locate a suitable vendor and negotiate a contract; and further, That upon a successful agreement being negotiated and an upset fee being established, a report will be forwarded to Council for approval." - and - "That Tender T99-101, Chiller Upgrade - Kitchener Memorial Auditorium Complex, be awarded to CIMCO Refrigeration, London at their tendered price of $69,840, plus G.S.T." - and - "That Tender T99-102, Boiler Replacement - Kitchener Memorial Auditorium Complex, be awarded to Nelco Mechanical Limited, Kitchener at their tendered price of $149,000, plus G.S.T." Carried. COUNCIL MINUTES DECEMBER 13, 1999 - 522 - CITY OF KITCHENER Ms. Karen Hammond, University of Waterloo, appeared as a delegation, along with some of her students, to present the findings of an adaptive re-use project for the former St. Jerome's High School site. Ms. Hammond noted that a charette was held for 48 hours to deal with design problems for the adaptive re-use of the St. Jerome's site. She thanked Messrs. B. Stanley and L. Bensason who helped the students. The students then presented their findings and suggestions with respect to the use of this site noting the procedure and purpose of the project. They also advised that they had considered social concerns, urban design and environmental aspects of this site. Councillor B. Vrbanovic thanked the group for presenting their proposals noting that he was impressed with the ideas and initiatives. He commented that the new owners of the property participated in the charette and he was hopeful that they would consider some of the students' suggestions. Councillor J. Haalboom complimented the students on their proposals noting that it was a true effort to incorporate the old with the new and also commended the teachers and students for their efforts. Ms. Sandra Millar of Kitchener-Waterloo Tourism appeared as a delegation to present their year-end report and to promote their new website. She thanked the City for its interest and support and gave a brief overview of their Millennium Project, advising of the financial support they had gained from the community. K-W Tourism's new website was then introduced with Ms. Millar advising that it will be launched in 3-4 days. She noted that it was an information based on Kitchener-Waterloo tourism. A brief demonstration of use of the website with particular emphasis on the virtual tours available at the site was given. Councillor B. Vrbanovic questioned the hours of operation for the Visitors' Centre and was advised that it is open from 8:30 a.m. - 5:00 p.m. on weekdays and in addition there is a 1-800 number with an answering service. Councillor Vrbanovic then questioned the signage at the old Visitor & Convention Bureau location and Ms. Millar responded that the situation is being rectified. Mayor C. Zehr verified that the sign is being looked after. Councillor J. Haalboom commented on the history/heritage portion of the website and thanked Kitchener-Waterloo Tourism for its support with respect to the Governor's House and Gaol. Councillor C. Weylie questioned whether advertising on the website was being sold and Ms. Millar advised that it is and there is a great deal of opportunity in that regard. Mayor C. Zehr then referred to five recommendations being brought forward from an in-camera meeting noting that at the end of October/beginning of November, the City received an Offer to Purchase the vacant lot beside the Goudies' Building. He advised that he was pleased to announce that the Waterloo Regional Children's Museum will be occupying space at the property municipally known as 10-22 King Street West and that Bramante Properties is proposing to purchase the Queen Street portion of that property. Along with these two uses, Mayor C. Zehr noted the use of 30-38 and 42 King Street West by 'theatre & co'. Mayor C. Zehr advised that there were a number of recommendations relative to these matters. Ms. Rosemary Aicher, Waterloo Regional Children's Museum, appeared as a delegation and thanked Council for its support. Mayor C. Zehr stated that this was a successful partnership between business, government and the non-profit sector. Councillor K. Taylor-Harrison thanked Ms. Aicher for the five years of work she put into establishing the Children's Museum. Councillors B. Vrbanovic and M. Yantzi also thanked Ms. Aicher for her vision and diligence. Moved by Councillor B. Vrbanovic Seconded by Councillor T. Galloway "That the City accept a conditional Offer to Lease, dated December 13, Waterloo Regional Children's Museum, the King Street portion of the municipally as 10-22 King Street West, at no charge; and 1999 from the property known That the City commits to spending $1.5M toward the renovation of the King Street portion of the said premises for occupancy by the Waterloo Regional Children's Museum; and further, That the Mayor and Clerk be authorized to execute any documents in this regard required by the City Solicitor." Carried Unanimously. COUNCIL MINUTES DECEMBER 13, 1999 - 523 - CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor K. Taylor-Harrison "That the City accept the conditional Offer dated December 13, 1999, from 1373515 Ontario Inc., operating as Bramante Properties, to purchase the Queen Street portion of the property known municipally as 10-22 King Street West, Kitchener, for the sum of $18,000; and, That the Mayor and Clerk be authorized to execute a Party Wall Agreement, in necessary, pertaining to the common fire wall separating the building into two units and a Common Facilities Agreement(s) pertaining to the operation of the rights-of-way/easements relating to the hydro corridor and the access corridor to the entrance of the Duke Street Parking Garage, all agreements to be satisfactory to the City Solicitor; and further, That the Mayor and Clerk be authorized to execute any further documentation in this regard required by the City Solicitor." Carried. Moved by Councillor T. Galloway Seconded by Councillor M. Yantzi "That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor, dated December 13, 1999, amending the conditional Agreement of Purchase and Sale between the Corporation of the City of Kitchener and K-W Performing Arts Association, cob as theatre & company dated October 18, 1999, for the purposes of reserving easements/rights-of-way over a portion of the property known municipally as 30-38 and 42 King Street West, Kitchener; and, That the City shall pay K-W Performing Arts Association $55,000, in accordance with the provisions of said agreement, to compensate K-W Performing Arts Association for the City's share of the construction costs of the proposed joint facilities, namely: freight elevator, loading dock and truck bay; and further, That the Mayor and Clerk be authorized to execute Common Facilities Agreements with K-W Performing Arts Association, satisfactory to the City Solicitor, pertaining to the sharing of the construction costs and terms of use pertaining to the joint facilities." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie "That Council award a contract to E. & R. Masonry Ltd., Kitchener, based on their quote of $25,000 plus taxes to construct the concrete block, 2 hour rated, fire and demising wall on the property known municipally as 10-22 King Street West, Kitchener, for the purpose of establishing two building units." Carried. Moved by Councillor G. Lorentz Seconded by Councillor M. Yantzi "That Council waive the requirements of Chapter 170 (Purchasing and Materials Management) of the City of Kitchener Municipal Code and authorize staff to obtain the services of Martinus Vorsteveld Inc. to prepare the necessary reference plan(s) pertaining to the properties known municipally as 10-22 King Street West, 30-38 King Street West and 42 King Street West, Kitchener, including the easements/rights-of-way." Carried. Mayor C. Zehr thanked those people involved in these projects stating that he felt that this would rejuvenate the downtown. COUNCIL MINUTES DECEMBER 13, 1999 - 524 - CITY OF KITCHENER Mr. John Martin appeared as a delegation concerning Clause 2 of the Finance and Administration Committee report, dealing with consultant fees for airport-related studies. Mayor C. Zehr explained that this matter had been referred to Regional Council who, in turn deferred and referred the matter to the Regional Administration and Finance Committee and the Region's airport advisory committees for consideration in the New Year. Mr. Martin responded that the airport advisory committee does not hold regular meetings and has no budget. Further, he stated that the Master Plan for the airport is being finalized at this time and they must put in their comments immediately. Mr. Martin stated that there are technical questions, which the Kitchener representatives cannot answer, and they would like to have Dr. Gillen review the Master Plan. He noted that this would cost between $2,500. and $4,500., and asked Council to reconsider its referral of this matter to the Region. Mr. Martin also stated that it would be a possibility that the City of Kitchener could hire Dr. Gillen to undertake this review on behalf of the City of Kitchener rather than on behalf of the City of Kitchener's representatives on the Airport Committees. Councillor B. Vrbanovic questioned whether Mr. Martin and Ms. Marsden are requesting this review as the City's representatives on the Airport Committees and not as representatives of the neighbourhood association. Mr. Martin responded that they are approaching Council as the City's representatives on the airport committees. Mr. Martin stated that, specifically, they are looking to Dr. Gillen to provide a final quality assurance, which could be requested by the City. Councillor J. Ziegler questioned the amount of money being requested and Mr. Martin responded that $4,500. would be the absolute maximum. Councillor M. Yantzi questioned whether the delegation was able to ask questions of the Region's consultants. Mr. Martin responded that they are not able to question the Region's consultant directly but must go through the Region. Councillor Yantzi then questioned what process was taken to choose Dr. Gillen for this purpose and Mr. Martin responded that he is a consulting engineering and identified Dr. Gillen as one of the best airport transportation specialists. When questioned why Dr. Gillen was chosen, Mr. Martin responded that he is the best in his field and also is knowledgeable of this specific airport. Mr. Bud Witter appeared as a delegation advising that he is a resident of the City of Kitchener and a member of the Waterloo Region Airport Business Association. He stated that he was appearing to object as a taxpayer to the City financing the cost of the consultant requested by Mr. Martin. He felt that consideration of the request would set a precedent in that every other group in the City would be coming to Council for funding. Councillor J. Ziegler noted Mr. Witter's general objection and questioned whether he would object if the City decided to have a peer review. Mr. Witter advised that he would not but he would like to have an opportunity for input. When questioned whether he thought the delegation's concerns were legitimate, Mr. Witter advised that he did not. Councillor B. Vrbanovic questioned Mr. Stanley as to whether he thought there would be planning merit in obtaining a peer review at the City's request. Mr. Stanley responded that his report was a result of discussions at Management Committee with respect to the funding request. He stated that he did not think there was any question that the more expert comments there are, the better the process and Management Committee's only concern was intervenor funding. Councillor J. Ziegler noted that Mr. Martin is the City's appointee and the information put before him requires answering on a technical basis. He felt that both delegations have their own interests; however, in this case, Mr. Martin is appointed by the City and he felt that as Dr. Gillen will be providing technical information, he would rather have the City request and pay for the peer review. Councillor B. Vrbanovic put forward a motion, seconded by Councillor J. Ziegler, that the City allocate $3,000 in funding for a peer review of the draft Airport Master Plan plus any further information required by the Department of Business and Planning Services, and that staff obtain relevant background information in this regard from the Region. Councillor Ziegler requested an amendment to the motion that the City not only hire the consultant but obtain answers to those questions raised by the City's representatives. Councillor M. Yantzi advised that he would not support the motion, as he felt consideration should be made after the study was completed and that the City should be able to decide who the consultant will be. COUNCIL MINUTES DECEMBER 13, 1999 - 525 - CITY OF KITCHENER Councillor T. Galloway advised that he would support the motion since the City has, by resolution, established that it has concerns about the airport operations and consequently has appointed representatives to these airport committees. The City's representatives require assistance to do what they have been asked to do. He stated that the whole debate on the airport is a controversial issue and the neighbours will need to accept the decisions made. Accordingly, he commented there is an opportunity for a successful completion of this matter that will be diminished if a peer review is not undertaken at this time. Councillor J. Haalboom questioned whether there was a reason why a peer review has not been requested before this time. Mr. Stanley responded that he could not answer that question as he has not been directly involved. Councillor Haalboom advised that she could not support the motion, particularly as it relates to the consultant hiring process that was being suggested. Councillor Jake Smola questioned the standard process for requiring a peer review and whether the City needed a completed document first. Mr. Stanley responded that those peer reviews most familiar to the City deal with the commercial studies; however, he was not aware of any formal process. He then provided some examples for studies done for the Public Works Department. Councillor Jake Smola then questioned whether there are normally Terms of Reference for a peer review and Mr. Stanley responded that it depends on the review, advising that for a study, there are usually short Terms of Reference in order to obtain Expressions of Interest from consultants. Councillor Jake Smola then stated that he had some difficulty with the request at this time as he felt that the Master Plan should be tabled first and that the request was premature. Councillor J. Ziegler advised that he disagreed with Councillor J. Haalboom, and Councillor Jake Smola's comments with respect to this matter being premature. He felt that, by the time the report is submitted, the City would need to know if the information is correct at that point in time. Further he stated that the impact of the expansion of the airport would almost totally be on Kitchener residents and it was important to obtain this information. Councillor B. Vrbanovic stated that he was surprised that some Members of Council do not see the wisdom of a peer review. He noted that he sits on the airport committees and believes this issue to be more significant than the Bestpipe lands. He stated that the opportunity to do the review should be at this time as the draft plan has been presented to the Region. He felt that this was an important issue for this community and it was important to make sure that the information is accurate. Councillor Jake Smola advised that he could agree with Councillor Vrbanovic if Council had not already approved residential development from Lackner Boulevard to the Grand River. Councillor B. Vrbanovic's motion, as amended by Councillor J. Ziegler, was then voted on and a recorded vote was requested. In Favour: Mayor C. Zehr and Councillors T. Galloway, B. Vrbanovic, J. Ziegler and G. Lorentz. Contra: Councillors Jake Smola, M. Yantzi, K. Taylor-Harrison, C. Weylie, J. Haalboom and John Smola. Motion Lost. Mr. K. Julian, a teacher at Grand River Collegiate, appeared as a delegation with some of his students to present examples of their Millennium Projects concerning renewing and enhancing the City's image. Mr. Julian advised that four Councillors were involved with this project. He explained the project parameters, advising that the top three projects would be presented tonight. The first presentation involved the need for more low-cost childcare facilities in the City; the second project involved the development of festivals to improve the quality of family activity and the third project was the development of a tourism brochure. It was noted that there were seventy-six groups of four students who participated in this project. The Councillors who had participated in the project thanked the students for their presentations and thanked the principal and teachers at Grand River Collegiate for their work on this valuable project. COUNCIL MINUTES DECEMBER 13, 1999 - 526 - CITY OF KITCHENER Council then dealt with item B.4 on the Committee of the Whole agenda being a report from MacCrimmon and Associates entitled "Revised Management Salary Structures" dated November 30, 1999. Councillor J. Ziegler questioned whether the report should be made public and following a brief discussion, Mr. J. Gazzola advised that the report could be released provided confidential information regarding named employees was removed. Mayor C. Zehr advised that copies of the report could be obtained from the City Clerk's Division. Councillor Jake Smola questioned whether Council should be waiting for the final review of the Parks & Recreation Department before acting on the report and Mr. Gazzola responded that the MacCrimmon report would not help or hinder that review. Moved by Councillor G. Lorentz Seconded by Councillor M. Yantzi "That effective January 1, 2000, the recommendations in the report of MacCrimmon and Associates entitled "Revised Management Salary Structures" and dated November 30, 1999, be implemented." Carried. Mr. S. Scadron-Wattles and Mr. J. Spaetzel, "theatre & company", were in attendance to request the City to make a contribution to their Capital Building Fund. With the assistance of the overhead visualizer, Mr. Scadron-Wattles displayed elevation drawings, cross-sections and floor plans for the "theatre & company" proposed building. Mr. Scadron-Wattles advised that they were requesting a contribution from the City of Kitchener of $250,000 over three years, and in return, he advised of those programs, sponsored by the City of Kitchener, which would be provided with space, without charge or at a reduced rate. Mr. Scadron-Wattles advised that he believed there was a need for a theatre of this size, seating 250-400 people, in the City of Kitchener. Mr. Spaetzel also advised that they need a commitment from the City of Kitchener in order to go forward to the community for sponsorships and funding support. Several members of Council spoke in support of funding for this project; however, they felt that the specific commitment should be deferred and referred to the Budget meeting in January 2000. Moved by Councillor T. Galloway Seconded by Councillor J. Ziegler "That the request of 'theatre & company' for a $250,000 contribution to their Capital Building Fund be deferred and referred to the Budget meeting to be held on January 14, 2000, for consideration in conjunction with other financial requests; and, That staff investigate possibilities for in-kind contributions toward this Capital Building Fund; and further, That staff investigate and report on what kinds of services over what period of time could be made available to the City by 'theatre & company' in recognition of any City contribution to the Capital Building Fund." Carried. Mr. Paul Bilenki, Signs Galore, was in attendance in support of the Committee of Adjustment recommendation for sign variance S 10/99, listed as item B.13 on the Committee of the Whole agenda. Councillor J. Ziegler spoke in support of the Committee of Adjustment recommendation. Councillor J. Haalboom noted that the staff report to the Committee of Adjustment refers to the 19-foot height as a minor variance and questioned the allowable height in the by-law. Mr. Bilenki advised that the bylaw permits a 25-foot height. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That Council ratify and confirm the December 7, 1999 decision of the Committee of Adjustment recommending approval of: Submission No. S 10/99 - John Schuller (35-45 Manitou Drive)." Carried. COUNCIL MINUTES DECEMBER 13, 1999 - 527 - CITY OF KITCHENER It was noted that Mr. D. Lamka was in attendance with respect to part 2 of Clause 9 of the Planning and Economic Development Committee report as it relates to the access issue to service mobile sign pads. Councillor J. Ziegler commented that Parts C and D (Urban Design Standards and Policies) and (Appendix) were for information only. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That Clause 9 of the Planning and Economic Development Committee report be adopted." Carried· Mr. A. Gubler appeared as a delegation with respect to a request of his client for temporary occupancy of the property known municipally as 4592 King Street East. Council was in receipt of correspondence from Mr. L. Masseo, Senior Planner, dated December 13,1999, in this regard. Mr. Gubler advised that he was in support of the staff recommendation. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That enforcement of the City's Zoning By-law be waived with respect to the sale of motor vehicles at 4592 King Street East, and temporary occupancy be approved, subject to the uses vacating the location in the event that the City initiated zone change to add the sale of motor vehicles to the C-8 Zone is not approved; and further, That in the event of failure to vacate, the City's Municipal By-law Enforcement Officer be directed to commence Notice of Action to remove the illegal use and that any work done to the premises be at the sole risk and responsibility of the owner, in the event loses are incurred as a result of final disposition of this application." Carried· Mr. Howard Rotberg was in attendance in support of the report of the Kitchener Downtown Advisory Committee and advised that the purpose of the motion is to deal with the upcoming studies on municipal reform. He stated that the Committee is concerned that Council not lose sight of the need to nurture downtown rejuvenation. The Committee was cognizant of the fact that downtown Kitchener may not be important in other area municipalities and accordingly was asking Council that it keep the downtown in the forefront as municipal reform moves forward. Mr. Rotberg also noted that the recommendation before Council should be amended to change the word "weighted" in paragraph 4 to "weighed". Councillor Lorentz responded that he felt there was an important role for public input in this process; however, he could not support having to approach the Kitchener Downtown Advisory Committee every time it was necessary for Council to act on an issue. Moved by Councillor K. Taylor-Harrison Seconded by Councillor B. Vrbanovic "That the report of the Kitchener Downtown Advisory Committee be adopted." Councillor Vrbanovic commented that the Province seems to feel that bigger is better which could cause the loss of the character of the downtown area and suggested the motion should be passed on to the local MPPs. Councillor Yantzi advised that he was in support of the motion, noting that he understood the sentiment and hoped that the City would gain input from groups other than the Kitchener Downtown Advisory Committee. Councillor J. Ziegler recommended amending the motion by deleting the reference requiring consultation with the KDBA. He noted that there are Provincial guidelines which must be followed, which he felt limited the City's options. He also felt that it was important for the City to keep in the forefront the effect of any decisions on the downtown residential and commercial districts. Mayor C. Zehr advised that he was supportive of the intent of the motion which he felt falls into his ten principles, which were adopted by Council last week. COUNCIL MINUTES DECEMBER 13, 1999 - 528 - CITY OF KITCHENER Councillor G. Lorentz explained the direction given to staff stating that they can take the time to carefully consider where the City wants to go and how it plans to get there. As part of this process, it would be important to involve the community and all user groups. Councillor John Smola advised that he was in support of the recommendation noting that it was essential for Council to communicate with the representatives of the downtown. He also noted that there are a lot of other issues to be dealt with and, based on the experience of the Transit Transition Steering Committee, the process will be very complicated. Councillor B. Vrbanovic put forward an amendment to the motion in the report, accepted as a friendly amendment, to change the end of the resolution to the words "That the Kitchener Downtown Advisory Committee be given opportunity for further input". Councillor T. Galloway advised that he could support the amended recommendation, noting that he hopes the report from the Mayors and Regional Chair will allow for public participation in the process. The Kitchener Downtown Advisory Committee report, as amended, was then voted on and Carried. Mr. Lloyd Ertel appeared as a delegation representing the tenants of 50 Westmount Road West, with respect to Clause 2 of the Public Works and Transportation Committee report. He advised that a petition was collected on August 25, 1999, containing 39 signatures, with respect to the walkway. He advised that they had only recently found out that the pathway was there from the beginning of the development and that a fence had been erected illegally, blocking off public access. Mr. Ertel advised that there is a fire hydrant around the corner on Hearth Crescent and if there was a fire at the townhouse complex and the fence remained, it would be necessary to cross Westmount Road in order to access a fire hydrant. Mr. Robert Clarke, 50 Westmount Road West, was in attendance and advised of some of the history of the fence at the end of Raylene Drive. He noted that his main concern was with respect to safety of the children using the walkway to get to school. A discussion then followed with respect to lack of parking at 50 Westmount Road West and the problems this was creating. Councillor J. Ziegler questioned the ability to access the walkway through 60 Westmount Road. Ms. Laura Barker, 50 Westmount Road West, appeared to express her concerns with respect to the ability of the children from that complex to walk to Carmichael Public School via the walkway. She noted her concerns about traffic on Westmount and Highland, and the potential danger to the children should they be unable to access the walkway to get to school. With respect to Councillor Ziegler's question about the walkway through 60 Westmount Road, she noted that that walkway is on private property. Some Councillors expressed concerns over neighbourhood problems and questioned whether Ms. Barker and other residents in the area would be willing to work with the police to solve their problems. Ms. Barker stated that all the people in the complex have young children and they would be willing to look at some of the issues which have been raised with respect to garbage, harassment and vandalism. Mr. C. Thiele was in attendance and read a prepared statement. He felt that the walkway functions as an unsupervised playground for the tenants at 50 Westmount Road West and commented that the previous owner of his property, 93 Hearth Crescent, had been forced out by incidents of theft and other activity. He noted that a light standard had been removed when the fence was installed. Mr. Thiele stated that problems in the area have dragged on for thirty years and, in 1968, a promise had been made by the City to install a solid fence but not kept. Councillor M. Yantzi questioned whether Mr. Thiele would be willing to participate in a program with the police. Mr. Thiele responded that they have been in the process of discussing this with the Police for over a year and Hearth Crescent residents were establishing a neighbourhood watch program. Councillor B. Vrbanovic commented on a letter received from Mr. Bill Thomson concerning his recollection of the City's commitment to erect a fence and Mr. Thiele responded that Mr. Thomson had provided the letter of his own accord. COUNCIL MINUTES DECEMBER 13, 1999 - 529 - CITY OF KITCHENER Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That Clause 2 of the Public Works and Transportation Committee report be adopted." Councillor Vrbanovic questioned whether Mr. B. Stanley had seen the letter from Mr. Thomson and Mr. Stanley responded that he had not. Councillor Vrbanovic stated that, in his letter, Mr. Thomson is suggesting that there was a commitment at the time, by the City of Kitchener, to install a fence and trees, which was not registered on title, and that it may be referenced in the Planning Board minutes from that time. Councillor Vrbanovic felt that, if Mr. Thomson's recollection was correct, it could weigh quite heavily. Councillor C. Weylie advised that she was opposed to Clause 2. Councillor T. Galloway advised that he was in agreement with Councillor C. Weylie noting that this was a difficult issue. It was his view that when the area was planned, it was not intended to provide for a walkway. Councillor John Smola advised that he could not support Clause 2 based on how the walkway was being used. Councillor Jake Smola stated that there was a community issue at stake and the walkway was one issue that was being complicated by other problems. He felt that the community ought to deal with their issues and through that process decide on a fence. He requested a deferral to allow the Ward Councillor, if willing, to arrange a public meeting. A motion by Councillor Jake Smola, seconded by Councillor M. Yantzi, to defer Clause 2 of the Public Works and Transportation Committee report for two months to allow the Ward Councillor opportunity to meet with the area residents was voted on and Lost. Councillor M. Yantzi recommended the walkway be left as is and that an attempt be made to achieve resolution of neighbourhood problems. Councillor G. Lorentz stated that he would support a six-month trial period in respect to Clause 2. He also suggested that if the walkway was to be closed off, it should be closed permanently and Raylene Drive ought to be closed and sold to the abutting property owners. Councillor Yantzi agreed a six- month trial period would allow an opportunity to see what progress could be made on outstanding issues. Clause 2 of the Public Works and Transportation Committee report was then voted on and a recorded vote was requested. In Favour: Councillors G. Lorentz, M. Yantzi Contra: Mayor C. Zehr and Councillors Jake Smola, J. Ziegler, K. Taylor-Harrison, B. Vrbanovic, C. Weylie, T. Galloway, J. Haalboom and John Smola. Motion Lost. Councillor J. Ziegler then requested that staff be instructed to look into the possibility of closing and selling Raylene Drive. Councillor B. Vrbanovic requested that staff be instructed to review old Planning Board minutes and urged the residents to meet with Councillor M. Yantzi. Councillor J. Ziegler then stated that it would be necessary to have a motion for the City to erect a fence at the end of Raylene Drive in order for it to be included in the 2000 budget. Moved by Councillor J. Ziegler Seconded by Councillor J. Haalboom "That in the Spring of 2000 a fence be constructed along the boundary line of City lands located at the end of Raylene Drive adjacent to privately owned lands at 50 Westmount Road West; and further, COUNCIL MINUTES DECEMBER 13, 1999 - 530 - CITY OF KITCHENER That staff advise the Public Works and Transportation Committee of the proposed fencing materials to be utilized." Councillor B. Vrbanovic then put forward a motion, seconded by Councillor M. Yantzi, to defer consideration of Councillor J. Ziegler's motion for one month until the next Planning and Economic Development Committee meeting in order for staff to obtain the information requested and for Councillor Yantzi to meet with the residents. The motion to defer was put to a vote and Lost. Councillor J. Ziegler's motion to erect a fence at the end of Raylene Drive was then voted on and Carried. Ms. Deborah Rothwell appeared as a delegation to represent her request for funding for the KOR Studios and Gallery. Council had been provided with correspondence from Ms. P. Houston, dated December 13, 1999, as requested by Council at its November 29, 1999 meeting. Ms. Rothwell then distributed copies of a letter from Human Resources Development Canada with respect to their permission for use of the glass-blowing facility. Councillor B. Vrbanovic questioned whether there was a timing issue and Ms. Rothwell responded that with changes in the application deadline she did not know if there would be a timing problem. Councillor Vrbanovic then suggested that the matter should be dealt with at Committee or at the budget meeting. Councillor J. Ziegler recommended staff preserve the appropriate funding to handle the project and suggested that the matter be dealt with on January 14, 2000, after staff have had an opportunity to analyze the situation more closely. Councillor M. Yantzi suggested that staff do not need to analyze this any further and that to delay approval may jeopardize the Millennium grant. He asked for approval for the first year, subject to the KOR Gallery receiving Millennium funding. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Yantzi "That we approve, in principle, funding for the KOR Gallery & Studios as outlined in the report of P. Houston, dated December 13, 1999; with final consideration to be given to the request at the Budget meeting of January 14, 2000." Carried. Mr. Richard Hamm appeared as a delegation regarding Clause 3 of the Finance and Administration Committee report. He advised that his original request had been to extend his licence under the Street Vendor's By-law for a full year. He noted that his 1999 licence for the Strasburg and Shoemaker location had been issued in May 1999 and he was requesting an extension until May 2000. Mr. Hamm then advised that his second request deals with the permission given by Council to construct an enclosure at the Strasburg and Shoemaker location. He requested that this permission be extended for another year. Councillor G. Lorentz referred to the Notice of Motion he had given at the Finance and Administration Committee meeting of December 6, 1999, regarding Council's previous decision to take no action on Mr. Hamm's appeal to locate a hot dog cart at the Toys R Us Plaza. He referred to correspondence received from Ms. J. Koppeser, Manager of Licensing, dated December 9, 1999, noting that Mr. Hamm has not been complying with the City's licensing regulations. Consequently, Councillor G. Lorentz advised that he is withdrawing his Notice of Motion. Mr. Hamm stated that he thought Jack Astor's Restaurant had no concerns about him locating his cart at the Toys R Us Plaza; as they did not reply when they previously had the opportunity. He also advised that he had located at the Toys R Us Plaza without a licence because he was testing the by- law. He noted that everyone who patronized his hot dog cart was favourable to his being there. Councillor J. Ziegler noted Council's receipt of a petition signed by tenants in the Toys R Us Plaza opposed to Mr. Hamm's request to locate there. Councillor B. Vrbanovic stated that, as the Notice of Motion has been withdrawn, there is no new decision to be made concerning Mr. Hamm's request for a licence to locate at the Toys R Us Plaza. Councillor Jake Smola questioned whether the City could revoke or suspend a licence because of blatant disregard for licensing regulations. Ms. L. Pasternak responded that the by-law does allow for that, although no licence is being held at this time. COUNCIL MINUTES DECEMBER 13, 1999 - 531 - CITY OF KITCHENER Mayor C. Zehr then referred to Clause 3 of the Finance and Administration Committee report questioning whether Mr. Harem had anything to add. Mr. Harem stated that he complied in every way possible with respect to the Toys R Us Plaza; however, he does not agree with the required separation distance. With respect to the Street Vendor's By-law, he advised that he is requesting an extension to the licence for a full 12 month period and an extension of one year to allow him to erect an enclosure at the Strasburg Road location. Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That Clause 3 of the Finance and Administration Committee report of this date be adopted including an amendment to authorize an extension of the previous approval to erect an enclosure at the Strasburg Road/Shoemaker location." Councillor B. Vrbanovic requested that the two portions of the motion be voted on separately, as he is not in support of Clause 3. He stated that, in light of the information received from staff, he could not support Clause 3 as it clearly benefits Mr. Harem. He noted that none of the other vendors have made this request but that he could support Mr. Hamm's request for the enclosure. Councillor J. Haalboom clarified that the intent of the motion, as written, is to have the period of time for these licences increased to a full year. She advised that she could not support the motion due to the untidy appearance of the carts, suggesting that the vendors need to improve the appearance of their hot dog carts. Councillor J. Ziegler suggested a further amendment to the motion to require an increase in the fees and liability insurance. He noted that Ms. Koppeser's report recommends a fee increase of $368 and an increase in insurance coverage to $2M. Councillor Ziegler stated that the hot dog carts are a convenience which adds activity to the downtown and noted that this is a temporary change which can be analyzed in one year. Upon questioning, Ms. L. MacDonald, Assistant City Solicitor, advised that the Street Vendors By-law expires at the end of December and that a new by-law is required for the four locations, which should include the new licence fee and insurance coverage, for those vendors whose licences are in good standing. Councillor T. Galloway stated that he is not in support of the main motion because of concerns about snow plowing and the problems of winter operations at various locations. Councillor Jake Smola questioned whether Council could require that the temporary enclosure, requested by Mr. Harem, be removed. Ms. MacDonald advised that could be provided for in the encroachment agreement. The amendment to Clause 3 to allow an extension to the permission previously granted to Mr. Harem to construct a temporary enclosure at the Strasburg and Shoemaker location was voted on and Lost. Clause 3 of the Finance and Administration Committee report, was then voted on and Lost. Moved by Councillor C. Weylie Seconded by Councillor T. Galloway "That the report of the Planning and Economic Development Committee be adopted." Voted on Clause by Clause Clause 9 - Dealt with under Delegations and Carried. Balance of report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee be adopted." COUNCIL MINUTES DECEMBER 13, 1999 - 532 - CITY OF KITCHENER Councillor T. Galloway requested that Clause 7 be voted on separately and disclosed a pecuniary interest as he is employed by the Kitchener Rangers Hockey Club. The report was voted on Clause by Clause. Clause 7 - Carried. Balance of report - Carried. Recorded Pecuniary Interest and Abstention: Clause 7 - Councillor T. Galloway as he is employed by the Kitchener Rangers Hockey Club. Moved by Councillor Jake Smola Seconded by Councillor J. Haalboom "That the report of Environmental Committee be adopted." On motion by Councillor Jake Smola seconded by Councillor J. Haalboom, it was agreed to amend Clause 4 with respect to the date for Earth Day 2000 to be changed from April 15 to April 29. Councillor J. Haalboom questioned if the Great Tree Hunt had been included in Earth Day planning and Mr. Stanley responded that the Environmental Study Group felt that it should be considered on a Regional basis, as it would require a substantial volunteer base. He noted that this matter could come back to the Environmental Committee. Voted on Clause by Clause. Clause 4 - Carried, as amended. Balance of report - Carried. Councillor C. Weylie left the meeting at this time. Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That the report of the Finance and Administration Committee be adopted." Councillor G. Lorentz requested that Clause 1 be voted on separately, disclosing a pecuniary interest as he is employed by Canada Post. He also disclosed a pecuniary interest in regard to the by-law listed on the agenda as 10(f) and 11 (e), which relate to Clause 1. With respect to Clause 5 of the report, a motion was introduced by Councillor J. Ziegler, seconded by Councillor J. Haalboom, that no action be taken on the Overtime Policy for Job Grades 21 and above or payment of retroactive overtime, based on the MacCrimmon report. Councillor B. Vrbanovic requested a separate vote on each portion of the motion. Councillor Vrbanovic noted that he could support no action on the Policy; however, at other times, when the issue of overtime for specific projects is raised, it could be dealt with on a case-by-case basis. Councillor J. Ziegler stated that he did not understand how the two portions of the motion could be voted on separately. He stated that the MacCrimmon report states that there is no known instance of a municipality with an overtime payment policy for management positions. Council then briefly reviewed the correspondence of Mr. Gazzola in this regard. Mr. Gazzola noted that with a major project like the tax and utility billing system, staff are required to undertake work which could be contracted to a consultant. However, it has been staff's practice to involve its own personnel in project development so that they can implement it more readily. COUNCIL MINUTES DECEMBER 13, 1999 - 533 - CITY OF KITCHENER Councillor B. Vrbanovic stated that he agreed there should not be such a policy; however, he felt that the Y2K issue should be dealt with differently and he was prepared to acknowledge that there may be issues which need to be dealt with on a one-time basis. Councillor J. Ziegler advised that he would be willing to amend his motion to deal with the Y2K issue in January should anything happen on January 1, 2000. Councillor T. Galloway stated that he agreed that there should not be a overtime policy. He felt that situations do arise from time to time and there ought to be a recognition system available to Management. He requested that staff report on the possibility of other forms of recognition. Again, it was requested by Councillors T. Galloway and B. Vrbanovic, that the two portions of Councillor Ziegler's motion be voted on separately. Council then voted on a motion for no action on an Overtime Policy for Job Grades 21 and above, which was Carried Unanimously. Council then voted on a motion to award retroactive payment of overtime in specific instances as outlined in the correspondence from J. Gazzola which was Lost. A motion by Councillor B. Vrbanovic, seconded by Councillor John Smola, to require that the matter of additional remuneration for staff undertaking increased work under extraordinary circumstances be referred to the January 10, 2000 Finance and Administration Committee meeting for consideration with said discussion to include review of the positions outlined in J. Gazzola's December 10, 1999 correspondence and assessment of the impact of any January 1, 2000 Y2K work requirements on certain staff was voted on and Carried. The Finance and Administration Committee report was voted on Clause by Clause. Clause 1 - Carried. Clause 2 - Dealt with under Delegations. Clause 3 - Dealt with under Delegations and motion lost. Clause 5 - Carried, as amended. Balance of report - Carried. Recorded Pecuniary Interest and Abstention: Clause 1 - Councillor G. Lorentz as he is employed by Canada Post. Moved by Councillor J. Haalboom Seconded by Councillor T. Galloway "That the report of Heritage Kitchener be adopted." Carried. Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That the Public Works and Transportation Committee report be adopted." Voted on Clause by Clause. Clause 2 - Dealt with under Delegations and Motion Lost. Balance of report - Carried. COUNCIL MINUTES DECEMBER 13, 1999 - 534 - CITY OF KITCHENER Councillor B. Vrbanovic questioned when Council would have an opportunity to hear what the Area Mayors and Regional Chair are proposing on Regional reform and when input would be sought from other sources. Mayor C. Zehr responded that the report had been scheduled for consideration on Thursday, December 16, 1999, but he was not sure whether this schedule would be met. Councillor Vrbanovic questioned when Mayor C. Zehr would be willing to share the recommendations from the report and Mayor Zehr responded that the report is not yet final. Councillor B. Vrbanovic requested that Councillors from the lower tier Councils be provided with this information. Mayor C. Zehr noted that Mayor J. Brewer had been ill, consequently the report had not yet been finalized. Councillor Jake Smola questioned whether individual Councillors would be given an opportunity to comment. Mayor C. Zehr responded that there was a Regional recommendation providing for area Councillors who are not on Regional Council to be included. At the request of Mr. G. Sosnoski, Deputy City Clerk, Council consented to the addition of two by- laws to the agenda for three readings this dated dealing with a re-zoning proposal by Waterloo Warehouse Equities (Victoria) Ltd. and establishing Huntington Place as a public highway. Moved by Councillor John Smola Seconded by Councillor K. Taylor-Harrison "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to designate part of the property municipally known as 31 Young Street in the City of Kitchener as being of historical and architectural value. (b) Being a by-law to provide for the widening of part of Wilfred Avenue as a public highway in the City of Kitchener. (C) Being a by-law to provide for the widening of part of Fergus Avenue as a public highway in the City of Kitchener. (d) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- D.G.F. Management Ltd. - Highland Road West (e) Being a by-law to amend the City of Kitchener Municipal Code - Chapter 320 imposing a special charge on classes of buildings that impose or may impose a heavy load on the sewer or water system. (f) Being a by-law for licensing and regulating flyer and sample distributors. (g) Being a by-law to exempt certain lots from Part Lot Control - Lot 1, Blocks 16, 17, 18, 19, 20, 21,22, 23, 24, 25 and 26, Plan 58R-132; and Blocks 1, 2, 3, 4, 5 and 6, Plan 58M-133 - Copper Leaf Street, Cotton Grass Street, Wisteria Court, Activa Avenue. (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- Helen Kay -Water Street North (i) To confirm all actions and proceedings of the Council. (j) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Waterloo Warehouse Equities (Victoria) Ltd. - Victoria Street South. (k) Being a by-law to provide for establishing and lay out of part of Huntington Place as a public highway in the City of Kitchener. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. COUNCIL MINUTES DECEMBER 13, 1999 - 535 - CITY OF KITCHENER Record Pecuniary Interest and Abstention: Clause 8(0 - Councillor G. Loreritz as he is employed by Canada Post. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor T. Galloway as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor T. Galloway Seconded by Councillor 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." Carried. 10. Moved by Councillor John Smola Seconded by Councillor K. Taylor-Harrison "That the by-laws listed on the agenda for third reading, namely: (b) (C) (d) (e) (f) (g) (h) Being a by-law to designate part of the property municipally known as 31 Young Street in the City of Kitchener as being of historical and architectural value. (By-law No. 99-222) Being a by-law to provide for the widening of part of Wilfred Avenue as a public highway in the City of Kitchener. (By-law No. 99-223) Being a by-law to provide for the widening of part of Fergus Avenue as a public highway in the City of Kitchener. (By-law No. 99-224) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- D.G.F. Management Ltd. - Highland Road West (By-law No. 99-225) Being a by-law for licensing and regulating flyer and sample distributors. (By-law No. 99-226) Being a by-law to exempt certain lots from Part Lot Control - Lot 1, Blocks 16, 17, 18, 19, 20, 21,22, 23, 24, 25 and 26, Plan 58R-132; and Blocks 1, 2, 3, 4, 5 and 6, Plan 58M-133 - Copper Leaf Street, Cotton Grass Street, Wisteria Court, Activa Avenue. (By-law No. 99-227) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- Helen Kay -Water Street North. (By-law No. 99-228) To confirm all actions and proceedings of the Council. (By-law No. 99-229) DECEMBER 13, 1999 (i) COUNCIL MINUTES - 536 - CITY OF KITCHENER Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Waterloo Warehouse Equities (Victoria) Ltd. - Victoria Street South. (By-law No. 99-230) (j) Being a by-law to provide for establishing and lay out of part of Huntington Place as a public highway in the City of Kitchener. (By-law No. 99-231 ) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. Recorded Pecuniary Interest and Abstention: Clause 10(e) - Councillor G. Loreritz as he is employed by Canada Post. On motion, the meeting adjourned. MAYOR CLERK COUNCIL MINUTES DECEMBER 13, 1999 - 537 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - That Zone Change Application ZC 99/9/H/ZJ ( 491 Highland Road West - D.G.F. Management Limited) requesting a change in zoning from Service Station Zone (C-7) and Neighbourhood Shopping Centre (C-2) with special regulation provision 43R to Neighbourhood Shopping Centre Zone (C-2) with special regulation provision 318R and holding provision 38H on lands legally described as Part of Lot 20, Registered Plan 1004, in the City of Kitchener, be approved, in the form shown in the attached "Proposed By-law", dated November 4, 1999, unconditionally. 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 the City accept an Offer to Purchase from Udvari Investments and Construction Inc. for Site 95 in Phase II of Huron Business Park being Part 30, Reference Plan 58R-5668 being approximately 1.33 acres at a purchase price calculated at $75,000 per acre for a total purchase price of $99,750; and further, That the Mayor and Clerk are hereby authorized to execute any necessary documentation as required by the City Solicitor. That the City accept an Offer to Sell Site 138 in Phase III of Huron Business Park, being Part of Lot 12, Registrar's Compiled Plan 1471 and designated as Part 1, Plan 58R-10731, from 762422 Ontario Limited for the sum of $113,000; and further, That the Mayor and Clerk be authorized to execute any documents required by the City Solicitor. That the City accept an Offer to Sell, for Site 152 in Phase III of Huron Business Park, being Part of Lot 12, Registrar's Compiled Plan 1471 and designated as Part 4, Plan 58R-9683, from Mr. Stephen McNaney for the sum of $87,638.00; and further, That the Mayor and Clerk be authorized to execute any documents required by the City Solicitor. That Zone Change Application ZC 99/14N/JG [72 Victoria Street South - Waterloo Warehouse Equities (Victoria) Ltd.] to add a special regulation provision 314R and holding provision 39 to lands zoned General Industrial (M-2) legally described as Lots A to H Registered Plan 421, Lot 34, and Part Lots 35 and 41 Registered Plan 420, Part of Lot 25, Streets and Lanes, be approved in the form shown in the attached "Proposed By-law", dated November 17, 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 99/18/W/LM (127 Water Street North - Helen Kay / James Kay) requesting a change in zoning to add Special Use Provision 272U to the existing Commercial-Residential Three Zone (CR-3) on lands legally described as Part of Lot 9, Plan 401 in the City of Kitchener, be approved, in the form shown in the attached "Proposed By- law", dated October 29, 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 City Council advise the Regional Municipality of Waterloo and the Minister of Municipal Affairs and Housing that it supports the further delegation of approval authority from the Region to the City of Kitchener for Plans of Subdivision and Plans of Condominium received prior to March 25, 1995. That the 2000-Post 2001 Staging of Development Report, staff report BPS 99/153, be approved. COUNCIL MINUTES DECEMBER 13, 1999 - 538 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 9. That with regard to the City of Kitchener 'Urban Design Manual' dated December 1999: 1) That Council approve Part A (Urban Design Guidelines) and Part B (Urban Design Briefs), as contained in the attached Urban Design Manual dated December, 1999. 2) That Council receive Part C (Urban Design Standards and Policies), and Part D (Appendix) as contained in the attached Urban Design Manual for information only. 3) That Council approve the revised Council Policy 1-652, "Emergency Access and Multiple Unit Identification" for incorporation into the Urban Design Manual as section DS-B-4 of Part C (Urban Design Standards and Policies). (Dealt with under Delegations and Carried.) COMMUNITY SERVICES COMMITTEE - That we approve, in principle, the application of the Catholic Family Counselling Centre for a grant to assist with the costs of constructing their new facility, with the exact amount of the grant to be determined on Budget Day, scheduled for January 14, 2000. That, subject to receiving a matching grant from the City of Waterloo, we approve a cash grant to the Kitchener Waterloo Branch, Ontario Registered Music Teachers' Association in the amount of $1,500.00 for their millennium concert to take place on November 25, 2000. That Council approve an in-kind, one-time grant of $557.97 to the Kitchener Professional Firefighters Association, Waterloo Professional Firefighters Association and Friends of the Fire Education Centre, for use of the Forest Heights Community Centre on Friday, December 31, 1999, for a fundraising event in connection with the Fire Education Centre. That Council approve an in-kind grant in the amount of $336.03 for Renison College, representing 50% of the cost of their rental of the City Hall Rotunda and equipment for the East Asian Festival on November 3, 1999. That the Mayor and Clerk be authorized to execute the following agreements, with respect to the Festival of the Night, to the satisfaction of the City Solicitor: a) A contract with 3L Productions for the provision of a stage and video walls in the amount of $17,000 (pending the cost of cancellation insurance); b) A contract with Sherwood Productions for the provision of sound and technical support in the amount of $17,800.00; c) A contract with Hiretech for the provision of lighting, for an amount still to be determined; d) A contract with "Just in Time" for the provision of food and merchandising services for Festival of the Night; subject to the City receiving 20% of the profits; e) A contract with Kelly Dahl of Kelly's Klowns in the amount of $5,000, for the provision of an activity centre in Victoria School Centre on New Year's Eve; f) A contract with "HANDS" not to exceed $20,000 for the provision of a fireworks display in Victoria Park on New Year's Eve; g) An agreement with first aid providers, if necessary, in the event the City is unable to secure a sufficient number of trained staff to provide the necessary first aid services for the Festival of the Night, for an amount to be determined and within the Festival of the Night's budget; COUNCIL MINUTES DECEMBER 13, 1999 - 539 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 5. (Cont'd) h) An agreement with Can-Port for the supply of 2 standard washroom trailers, in the amount of $2,300.00; and, That authority be granted to Brian Scott, Events Assistant, to provide a letter, if requested, indemnifying various parking lot owners for any and all possible claims arising from the use of their site, save and except claims arising from the parking lot owner's negligence, satisfactory to the City Solicitor; and, That the City's Chief Administrative Officer resolve any issues deemed necessary for a safe and well managed New Year's Eve festival; and further, That the Mayor and Clerk be authorized to execute the following agreement, satisfactory to the City Solicitor, with respect to the Christkindl Market: a) A contract with the German Heritage Museum with respect to a display to be set up in City Hall, if necessary. That the Mayor and Clerk be authorized to execute a licensing agreement, satisfactory to the City Solicitor, with the Kitchener Lions Club for the use of Queensmount Arena for the purpose of conducting Oktoberfest for the years 2000 to 2009, inclusive; and further, That the Mayor and Clerk be authorized to execute a licensing agreement with a 1 O-year term, satisfactory to the City Solicitor, with the Kitchener Lions Club for the purpose of using designated rooms at Lions Arena. That the Parks and Recreation Department be authorized to enter into negotiations with the Kitchener Rangers Hockey Club regarding the intended amalgamation of the Kitchener Hockey School and the Kitchener Rangers Stars of Tomorrow Hockey School; and further, That the Mayor and Clerk be authorized to execute any agreement between the City of Kitchener and the Kitchener Rangers Hockey Club regarding this partnership, subject to mutual terms being agreed upon and subject to the approval of the City's Legal and Finance Departments. That Council approve an in-kind grant in the amount of $662.85 for the Central Ontario Chinese Cultural Centre, representing 50% of the costs for rental of the City Hall Rotunda and equipment for their Chinese New Year's event to take place on January 28 - 29, 2000. That the City of Kitchener decline the invitation to participate in the Communities in Bloom National Edition for the year 2000. ENVIRON MENTAL COM M ITTEE - That Councillor Jake Smola be appointed Chair of the Environmental Committee for a term to expire November 30, 2000. That Councillor Tom Galloway be appointed Vice-Chair of the Environmental Committee for a term to expire November 30, 2000. That the Environmental Committee approve holding its 2000 meetings at 4:00 p.m. on Thursday evenings on the dates listed below: January 20 May 11 September 7 February 10 June 8 October 5 March 9 July None November 2 April 6 August None December 14. 4. That events to celebrate Earth Day 2000 be held on Saturday, April 29, 2000; and further, COUNCIL MINUTES DECEMBER 13, 1999 - 540 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL ENVIRONMENTAL COMMITTEE - (CONT'D) 4. (Cont'd) That Ms. B. Luckhardt and Mr. B. Krafchek be appointed as representatives of the Environmental Committee to the Organizing Committee dealing with Earth Day events. (As Amended) That City Council consider an expenditure of up to $6,000 to be allocated to the operating budget of the Environmental Committee for the purpose of covering costs related to events to be undertaken in celebration of Earth Day 2000; and further, That City Council consider adding an annual expenditure to the operating budget of the Environmental Committee for the purpose of hosting Earth Day events. FINANCE AND ADMINISTRATION COMMITTEE - That Council consider a by-law at its December 13, 1999 meeting, to regulate flyer and sample distribution, in the form of the draft by-law attached to the report of J. Koppeser, Manager of Licensing, dated December 1, 1999. That consideration of the November 26, 1999 request of Alexis Marsden and John Martin, representing Kitchener on the Waterloo Regional Airport Noise Management Committee and the Airport Business Plan Ad Hoc Committee, for funding in the amount of $4500.00 for consultant's fees relative to a study of the impact of airport noise and light on neighbouring residential areas, be deferred and referred to the Council meeting of December 13, 1999; and further, That their request for funding of the above noted peer review be referred to the December 8, 1999, meeting of Regional Council for consideration. (No Action on this Clause - Alternate Motion Dealt with Under Delegations) That the licences issued pursuant to By-law # 99-42 (Street Vendors) be extended to cover a 12 month period; and, That staff be directed not to enforce the Street Vendor By-law relative to the November 30, 1999 expiry date; and further, That a review of the experience of street vendors over the winter months take place in April 2000, to determine whether future street vendor licences will be issued for a 12 month period. (Dealt with Under Delegations and Motion Lost) That, based on the trial period of one year, the temporary Safe City Coordinator position be made a permanent full-time position with the Department of Business and Planning Services; and further, That the existing Environmental Design Technologist position be retained with the Department of Business and Planning Services, be retitled Environmental Planner and provide staff support to the Environmental Committee. That no action be taken on the proposed Overtime Policy for Job Grades 21 and above; and further, That the matter of additional remuneration for staff who are required to undertake increased work under extraordinary circumstances be referred to the January 10, 2000 Finance and Administration Committee meeting for consideration with said discussion to include review of the positions outlined in J. Gazzola's December 10, 1999 correspondence and assessment of the impact of any January 1, 2000 Y2K work requirements on certain staff. (As Amended) COUNCIL MINUTES DECEMBER 13, 1999 - 541 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) That no action be taken on the request of the St. John the Evangelist Church for the City Hall parking garage to remain open past 6:00 p.m. on Christmas Eve. That Council approve an exemption to Municipal Code Chapter 739 (Fireworks and Firecrackers) to permit the sale of fireworks on the six business days prior to January 1, 2000, and the display of fireworks on New Year's Eve 1999~2000. HERITAGE KITCHENER- That Councillor J. Haalboom be appointed Chair of Heritage Kitchener for a term to expire November 30, 2000. That Ms. P. Wagner be appointed Vice-Chair of Heritage Kitchener for a term to expire November 30, 2000. That, pursuant to Section 43 of the Ontario Heritage Act, Council approve the request of the owner to demolish the detached garage and rear addition on the property municipally known as 124 Water Street South, located in the Victoria Park Area Heritage Conservation District; and further, That Council approve, in principle, the construction of an attached garage on the left side and a two storey addition on the rear of the property municipally known as 124 Water Street South; subject to working with a Heritage Kitchener sub-committee on the design details, and receiving final approval pursuant to the Ontario Heritage Act. That Council accede to the request of the owners, Benton Street Baptist Church, to delete condition (a) of Council's February 15, 1999, approval to demolish 161 Queen Street South pursuant to the Ontario Heritage Act, which condition required the demolition permit not to be issued until just prior to the proposed 58-unit apartment building being ready for occupancy; and further, That the demolition permit be issued subject to the one remaining condition, being the recording of the building to a standard acceptable to the City's Heritage Planner. That, further to Council's referral of November 1, 1999 and in conjunction with J. M. Drama's proposal to alter the Registry Building, 122 Frederick Street, Heritage Kitchener agrees, in principal, to the relocation of the barrier-free access and lift to the north side of the building; subject to the approval of detailed drawings. That, further to Council's direction of November 1, 1999, relating to re-examining the necessity to remove portions of the grey and green marble walls and terrazzo floors in the lobby of the Registry Building, 122 Frederick Street, Heritage Kitchener has no objection in this regard; subject to consultation on the extent of removal required and method of removal to allow re- use elsewhere in the building, as agreed between Heritage Kitchener and J. M. Drama. That Heritage Kitchener be permitted to apply to the Architectural Conservancy of Ontario to have them prepare a recording and measured drawings of the Registry Building, 122 Frederick Street, with the cost to be paid from Heritage Kitchener's existing budget. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That, in order to sustain the natural gas supply program without cross-subsidization, effective January 1, 2000, natural gas rates be modified in accordance with Appendix 'A', as attached to the report dated November 29, 1999 prepared by Mr. E. Kovacs, General Manager, Department of Public Works, and presented to the Public Works and Transportation Committee at its meeting held on December 6, 1999, with the implicit supply rate being 12.36 cents per cubic metre. That a street light be installed on Raylene Drive adjacent to 103 Hearth Crescent, at an estimated cost of $2,100.00; and, COUNCIL MINUTES DECEMBER 13, 1999 - 542 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) 2. (Cont'd) That an asphalt pathway be installed from the internal walkway at 50 Westmount Road West to the end of pavement on Raylene Drive; and, That the owner(s) of 50 Westmount Road West provides snow clearing of the path connecting to Raylene Drive; and further, That, following installation, the walkway area be monitored for a period of 6 months with a report back to the Public Works and Transportation Committee at the conclusion of the monitoring period. (Dealt with Under Delegations and Motion Lost) That a further study be undertaken to address the ultimate receiving capacity of the City trunk systems in east Kitchener and to determine the measures that are required to maximize capacity in those sewers, with such study to evaluate and make recommendations on: (a) Locations for the installation of permanent flow monitoring facilities at pumping stations and in key sewers along with the preliminary evaluation of flow monitoring results from those locations. (b) The monitoring of flows and an evaluation of the capacity of the Montgomery Trunk Sanitary sewer and the identification of any improvements that may be required in future to maximize its capacity. (C) The preliminary design of control systems (SCADA) to integrate the operation of pumping stations and storage facilities in the area to ensure that gravity sewer capacity is not exceeded in any location. (d) The identification of modifications required at existing pumping stations (Forwell and Springmount) to reduce their peak discharge rates. (e) An estimate of the required time schedule and costs for system improvements; and, That developments proposed to be serviced by sanitary sewers in the Grand River South, Victoria North and possibly designated areas of the Breslau Community in Woolwich Township be allowed to proceed during the study and that specific conditions related to sanitary servicing be applied to the relevant subdivision agreements; and, That the study be based on assigning to the capacity of the Ottawa Trunk sewer the maximum development potential of the Grand River South area firstly and, secondly, the development of the Breslau area to a maximum of 1250 units and 3 ha. of commercial development; and, That such study and improvements, as outlined above, be funded from Development Charges and that the Public Works Department commence the selection process for the hiring of a Consultant; and, That the City own and control all pumping stations in the City that will eventually discharge to the Ottawa Trunk Sanitary Sewer; and, That the Victoria North and Breslau North lands be directed to the Manchester Trunk system; and further, That City staff proceed to negotiate an agreement with Woolwich Township staff with respect to the servicing of Township lands and that the draft agreement be brought back to Council for ratification. COUNCIL MINUTES DECEMBER 13, 1999 - 543 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL KITCHENER DOWNTOWN ADVISORY COMMITTEE - WHEREAS the City of Kitchener Council has indicated a willingness to move to a mega or super-city; and, WHEREAS the Kitchener Downtown Advisory Committee has worked hard with its constituent members from downtown neighbourhoods, business, social service organizations, and churches to safeguard the fragile environment of The Original City in the face of suburban pressures; and, WHEREAS the Kitchener Downtown Advisory Committee is concerned with the lack of attention being given to neighbourhood concerns in the push toward the economic efficiencies of a super-city model of government; THEREFORE BE IT RESOLVED that Kitchener City Council be advised that the Kitchener Downtown Advisory Committee is requesting that any actions to achieve economic efficiencies be also weighed against the long-term interests of the downtown residential neighbourhoods and business districts; AND FURTHER, that the Kitchener Downtown Advisory Committee be given opportunity for further input at the appropriate time." (Dealt with under Delegations and Carried, as amended) COUNCIL MINUTES DECEMBER 13, 1999 - 544 - 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." Councillor G. Lorentz previously disclosed a pecuniary interest in the by-law to regulate flyer and sample distributors, and abstained from discussion or voting, as he is employed by Canada Post. B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Licences i) Permanent Vendors - 338 Keewatin Avenue & 91 King Street West It was resolved: "That Regan Hawley be granted a 1999 Permanent Vendor Licence in respect to a flooring business to be operated at 338 Keewatin Avenue, Kitchener." - and - "That Tuyet Huong Tram be granted 1999 Food Shop, Milk Products and Permanent Vendors Licences in respect to the Kwikie Mini Mart at 91 King Street West, Kitchener.' 2. Municipal Access Agreement - Ledcor Communications Ltd. Councillor B. Vrbanovic questioned whether the Municipal Access Agreement for Ledcor is required because they are new providers. Mr. J. Shivas advised that they are required because there is an additional provider who has permission to use railway rights-of-way. It was resolved: "That the Mayor and Clerk be authorized to execute the Municipal Access Agreement for a term of 20 years between the City and Ledcor Communications Ltd. to permit fibre- optic cable to be installed across certain city streets at railroad crossings." Extension of Municipal Access Agreement - AT & T Canada Telecom Services Company Councillor Vrbanovic referred to work previously undertaken by MetroNet and Mr. E. Kovacs responded that staff felt they fulfilled their obligation; however, there has been conflict with other City projects, due to the volume of work. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement dated December 13, 1999 with AT & T Canada Telecom Services Company (formerly MetroNet Communications) to extend the term of the earlier municipal access agreement for the year 2000 and thereafter from year to year subject to 6 months notice to terminate." 4. MacCrimmon and Associates Report This item was dealt with under delegations. COUNCIL MINUTES DECEMBER 13, 1999 - 545 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 5. Access A.qreement - 501 Kru.q Street (Centre Ward) It was resolved: "That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor with the owner(s) of 501 Krug Street for the purposes of accessing and conducting supplemental tests on the Sherwood Avenue, Kensington Avenue and Krug Street road allowances in the vicinity of 501 Krug Street, said agreement to expire June 1, 2000." 6. Maintenance A.qreement - Orion Technolo.qv Inc. It was resolved: "That the Mayor and Clerk be authorized to execute an Agreement satisfactory to the City Solicitor with Orion Technology Inc. for the maintenance of the Corporate Information Application System, said agreement to be effective from October 12, 1999 for one year at a cost of $49,000 plus applicable taxes; and further, That the Mayor and Clerk be authorized to execute any documents required by the City Solicitor." Offer to Purchase - 879115 Ontario Limited - Lancaster Corporate Centre (Brid.qeport-North Ward) It was resolved: "That the City accept an Offer to Purchase Lot 5 in Phase 1 of the Lancaster Corporate Centre, also known as Parts 5, 23, 24 and 25 on Plan 58R-7231 of the Lancaster Corporate Centre, from 879115 Ontario Limited for the sum of $431,170.; and further, That the Mayor and Clerk be authorized to execute any documents required by the City Solicitor." 8. Provincial Capital Fundin.q for Transit Infrastructure At the request of Mayor C. Zehr, it was agreed to withdraw consideration of a November 30, 1999 request from the Canadian Urban Transit Association and the Ontario Community Transportation Association since a resolution for endorsation was not provided. 9. License A.qreement - 210 Kin.q Street East (Centre Ward) It was resolved: "That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with the owners of Good Fortune Restaurant, located at 210 King Street East, to place a City owned dumpster on a portion of the parking lot at the rear of the property." 10. Tenders The tenders were dealt with under Delegations. COUNCIL MINUTES DECEMBER 13, 1999 - 546 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 11. Industrial Land - Extension of Condition - St. Jude's Student Services Inc. It was resolved: "That further to Council's decision of November 8, 1999, Council extend the deadline for satisfaction of conditions to January 14, 2000, with respect to the Offer to Purchase from St. Jude's Student Services Inc. for Part 5, Reference Plan 58R-7426, save and except Part 1, Reference Plan 58R-12061 ." 12. CTT Smart Communities Application It was resolved: "That the City of Kitchener continue its enthusiastic support of the CTT Smart Communities Application (CTT mPowered) as it enters the second round of consideration; and, That the City of Kitchener authorize the Economic Development in Canada's Technology Triangle Inc. (CTT) to act on its behalf in the submission of the CTT mPowered proposal; and, That the City of Kitchener commit to assisting the project with staff and in-kind resources as required; and further, That the following City of Kitchener projects that are either already underway, completed or allocated in future capital programs be considered to form the City's support of the Smart Communities project: > WRECN (Waterloo Region Educational Community Network) Community Access terminals to the Internet Geographical Information Systems (GIS) On-Line Application Permit Tracking (AMANDA) > E- commerce / E-business." 13. Committee of Adjustment Variance (Sign) - 35-45 Manitou Drive (Fairview Ward) This item was dealt with under delegations. Mr. G. Sosnoski, Deputy City Clerk, advised that there were eleven additional items for consideration. 14. Appointments - Ad Hoc Committee on Companion Animals Workin.q Group A report from G. Sosnoski, Deputy City Clerk, dated December 13, 1999, was distributed this date. It was resolved: "That Dr. Gary Goeree be appointed as the City of Kitchener's lay representative on the Ad Hoc Committee on Companion Animals Working Group and Ms. Jennifer Hutson be appointed as the alternate." COUNCIL MINUTES DECEMBER 13, 1999 - 547 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 15. Appointment - Downtown Improvement Area Board of Mana.qement A report from G. Sosnoski, Deputy City Clerk, dated December 13, 1999, was distributed this date. It was resolved: "That Mr. Andrei Kun be appointed to the Kitchener Downtown Improvement Area Board of Management to fill the vacancy created by the resignation of Kelly McCauley, and for the balance of a three year term expiring November 30, 2000." 16. Sale of Tickets - Heart and Stroke Foundation of Ontario A memorandum from J. Koppeser, Manager of Licensing, dated December 10, 1999, was distributed this date. It was resolved: "That the City of Kitchener has no objection to the Heart and Stroke Foundation of Ontario, 1920 Yonge St., 4th FIr., Toronto, Ontario, M4S 3E2, being granted permission to sell tickets in the City of Kitchener for a series of raffle draws to be held from February 25, 2000- March 14, 2000." 17. Adult Entertainment Parlour Licences - 2271 Kin.qswav Drive & 1412 Victoria Street North A memorandum from J. Koppeser, Manager of Licensing, dated December 10, 1999, was distributed this date. It was resolved: "That Mr. Bradley Baumbach be granted an Adult Entertainment Parlour licence, for 2271 Kingsway Drive, Kitchener, for the year 2000; and further, That Ms. Cheryl Zivkovic be granted an Adult Entertainment Parlour licence, for 1412 Victoria Street North, Kitchener, for the year 2000." 18. New Massa.qists Licences - 2271 Kin.qswav Drive & 1412 Victoria Street North A memorandum from J. Koppeser, Manager of Licensing, dated December 10, 1999, was distributed this date. It was resolved: "That Kelly Casey, Kellie Mongeon and Sophie Clement, employed at 2271 Kingsway Drive, Kitchener, be granted Massagist licences for the year 2000; and further, That Kelly McAndrew, employed at 1412 Victoria Street North, Kitchener, be granted a Massagist licence for the year 2000." 19. Applications for Cancellation, Refund, Reduction or Levv of Taxes The Committee was in receipt of letter dated December 8, 1999, from R.W. Pritchard, to which was attached a summary of tax adjustment applications. COUNCIL MINUTES DECEMBER 13, 1999 - 548 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 19. Applications for Cancellation, Refund, Reduction or Levv of Taxes - (Cont'd) It was resolved: "That the applications attached hereto and forming part of these minutes relative to cancellation, reduction, refund or levy of taxes be disposed of as recommended therein." 20. Agreement - Installation of Groundwater Monitoring Wells - Geon Canada Inc. A memorandum dated December 13, 1999, was distributed this date from L. MacDonald, Assistant City Solicitor, with respect to offsite groundwater investigations relating to the remediation efforts at 521 King Street West, former Epton site. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor with Geon Canada Inc. for the purposes of installing two (2) groundwater monitoring wells on the Wellington Street road allowance and two (2) wells on the unnamed public lane between 600 and 618 King Street West, in Kitchener and access periodically thereafter for the extraction of samples and performance of hydraulic tests, said agreement to expire June 30, 2002." 21. Application for First Registration in Land Titles - 305 and 315 Margaret Avenue (Bridqeport North Ward) A memorandum from L. MacDonald, Assistant City Solicitor, dated December 13, 1999, was distributed this date. It was resolved: "That subject to the City Solicitor determining that any interest the City may have in the property are adequately addressed in the application, the Mayor and Clerk be authorized to execute a Consent and Waiver of Notice and draft reference plan to expedite an Application for First Registration in Land Titles by Streit (Margaret Place) Ltd. respecting lands described as Parts 1 and 2 on the draft reference plan dated November 2, 1999 and municipally known as 305 and 315 Margaret Avenue, Kitchener." The Committee then considered staff recommendations in respect to previous in-camera discussions. 22. General City Fleet Re-Organization -January 1, 2000 It was resolved: "That effective January 1, 2000, Mr. Clare Pomeroy be appointed Director of Fleet for the City of Kitchener." 23. Offer to Purchase - 1000 Westmount Road East It was resolved: "That the Mayor and Clerk be authorized to execute an Offer dated December 10, 1999, from Winston Hall Nursing Homes Limited to purchase, for $320,000 Fire Station No. 5, municipally known as 1000 Westmount Road East, described as Lot 5, Registrar's Compiled Plan 1483 and designated as Part 3, Reference Plan 58R-1352, conditional upon environmental investigation and title merging with the adjacent Winston Hall Nursing Homes Limited premises; and further, COUNCIL MINUTES DECEMBER 13, 1999 - 549 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 23. Offer to Purchase - 1000 Westmount Road East - (Cont'd) That the Mayor and Clerk be authorized to execute all documentation required by the City Solicitor to complete this transaction." 24. Offer to Sell - 55 Joseph Street (Rockway-Victoria Ward) It was resolved: "That the City accept the Offer from Gedja Holdings Inc. dated December 8, 1999, to sell to the City for $240,00.00, property municipally known as 55 Joseph Street, having approximately 0.2361 acres, and described as Part of Lot 34, Registered Plan 393 and designated as P art 1, Reference Plan 58R-5790 conditional upon environmental investigation; and further, That the Mayor and Clerk be authorized to execute all documentation required by the City Solicitor to complete this transaction."