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HomeMy WebLinkAboutCouncil Minutes - 1998-03-02COUNCIL\1998-03-02 MARCH 2, 1998 COUNCIL MINUTES 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" as well as another musical selection by the AR Kaufman Chamber Choir under the direction of Nestor Shartun. Councillor C. Weylie thanked the Choir for their presentation this date. Prior to consideration of acceptance of the minutes, Councillor Jake Smola requested an amendment to the special Council meeting minutes for February 23, 1998. On motion by Councillor Jake Smola, seconded by Councillor T. Galloway, it was agreed to amend the February 23, 1998 special Council minutes to delete the words "as well as the ongoing payment of current taxes" from the motion. On motion by Councillor G. Lorentz, the minutes of the regular meeting held on February 16, 1998, as mailed to the Mayor and Councillors and the special meeting held February 23, 1998, as amended this date, were accepted. COMMUNICATION REFERRED DIRECTLY TO FILE - (1) Letter dated February 23, 1998 from Premier Michael D. Harris, acknowledging receipt of Council's support of the resolution passed by the Township of Colborne regarding the water quality of Lake Huron. Mr. L. Gordon, Manager of Purchasing, was in attendance to answer any questions regarding the tenders listed on the Committee of the Whole agenda of this date. Moved by Councillor Jake Smola Seconded by Councillor J. Ziegler "That consideration of Tender E97-133 - Expression of Interest for consultant services on the Job Evaluation System, be deferred to the next Council meeting." Carried. Councillor B. Vrbanovic disclosed a pecuniary interest and abstained from all discussion and voting on Tender E97-133 as his wife is employed by the City of Kitchener. Councillor T. Galloway referred to Tender E98-12 for consultant services pertaining to the Rink Slab Replacement in the Dom Cardillo Arena and questioned if consideration was being given to enlarging the dimensions of the rink. Mr. T. Clancy advised that staff intend to maximize the ice surface area but that any possible loss of seating would be a serious concern. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That Expression of Interest E98-12, Consultant Services - Rink Slab Replacement, Dom Cardillo Arena, be awarded to Tottem Sims Hubicki Associates, Waterloo at an upset fee of $23,000., plus G.S.T." -and- "That tender T98-15, Concrete Abutment Rehabilitation and Shoring - C.N. Undercrossing - 63.80 of C.N. Guelph Subdivision, be awarded to Engineered Concrete Limited, Kitchener at their tendered price of $51,456.30, including G.S.T." Carried. Dr. Terry Polevoy appeared as a delegation to object to the City accepting tobacco advertising of any kind on or within its buses. In this regard a submission from Dr. Polevoy, dated February 19, 1998 was circulated with the agenda and a further submission dated March 2, 1998 was distributed this date. Dr. Polevoy requested an immediate cessation of tobacco advertising on City buses and requested an explanation of how it came about. He then read the contents of a petition that he was circulating within the community. He objected to the City accepting advertising of tobacco products masquerading as support of other community events and asked that the City ban all forms of tobacco advertising from buses and billboard signs in the community. As well, he requested that smoking be banned in the public MARCH 9, 1998 COUNCIL MINUTES -143- CITY OF KITCHENER square of City Hall. In response to questions from Members of Council, Dr. Polevoy advised that Kitchener had more tobacco advertising signs per capita than any other Canadian City, that he was a member of the Ontario Medical Association and that he did not necessarily support the measures of the Canadian Medical Association regarding the tobacco issue and current proposed legislation. In response to Councillor Jake Smola, Mr. E. Kovacs advised that the City had entered into a contract with a third party that acted as agent representing their clients. He noted that currently the City's practice is to question if proposed advertising meets Canadian advertising standards. Further, he advised that there was no intent to undertake future renewals. Councillor J. Ziegler commented that while Council was not happy with the current advertisements, it was his view that the Council had acted and taken appropriate action to ensure there was no recurrence in future. Councillor T. Galloway pointed out that the two School Boards have a No Smoking Policy in place on their property and suggested that it was a contradiction to allow advertising on transit buses utilized by students. He questioned if was possible not to use the three buses painted with tobacco advertising on school runs and Mr. E. Kovacs advised that staff could investigate and consider the scheduling issue and mitigate use in this respect. Councillor M. Yantzi requested the City Solicitor to provide a written legal opinion respecting possible cancellation of the existing advertising contract. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That Clause #10 of the report of the Finance and Administration Committee of this date be adopted." Moved by Councillor T. Galloway Seconded by Councillor J. Ziegler "That Clause 10 of the report of the Finance and Administration Committee of this date be amended to require that staff be directed to consider not utilizing the three buses painted with tobacco advertising on special school runs." Carried. Clause #10, as amended, of the Finance and Administration Committee report was then put to a vote and Carried. Ms. Lucy Harrison, representing the Waterloo Regional Coalition for Social Justice and Ms. Barbara Saunders, representing the Waterloo Public Interest Research Group, appeared as a delegation on the issue of the Multi-Lateral Agreement on Investments (the MAI). In this regard a submission received February 27, 1998 was circulated to Council for consideration this date. The delegation circulated a proposed resolution on this issue and requested Council's endorsement. Ms. Harrison noted that there were concerns over the broad implications of the agreement in regards to such areas as the environment, culture, labour issues, sovereignty, and natural resources. Most of all she expressed concern about the lack of information being given to the public and the lack of consultation with the public. Ms. Saunders advised that there were issues in the agreement that do affect municipalities in such areas as licensing, municipal procurement and zoning. Further, she commented that the agreement hurts local Canadian interests in general and promotes a desire of investors to obtain protection from municipal regulation that has been reflected in the document. She noted that the information presented to Council this date was compiled by a group of International Lawyers. Ms. Harrison requested that Council pass the resolution they have proposed with the intent that everyone have the information available to make a good decision on this issue. It was noted that consideration of the agreement has been deferred and Ms. Saunders also pointed out that the Free Trade Agreement on the Americas which is currently being discussed, incorporates many of the MAI aspects and as a result takes away powers of citizens to control their own affairs. Councillor C. Weylie commented that she was a member of the Economic Committee of the Federation of Canadian Municipalities and that she would bring this issue to their attention at the next meeting on March 6. Moved by Councillor T. Galloway Seconded by Councillor G. Lorentz "WHEREAS the Federal Government is in the process of negotiating the Multilateral Agreement MARCH 9, 1998 COUNCIL MINUTES -144- CITY OF KITCHENER on Investments with the 29 wealthiest countries in the world with the intention of having a signed agreement by September 1998; and, WHEREAS concerns about the agreement have already been raised by 565 organizations, with representatives in 70 countries around the world; and, WHEREAS the citizens of the City of Kitchener have had little access to information and informed debate on the Multilateral Agreement on Investments, from the federal government, and the mainstream media on its implications locally, provincially, federally and globally; THEREFORE BE IT RESOLVED that the Corporation of the City of Kitchener urge the Government of Canada to suspend negotiations on the Multilateral Agreement on Investments until it has consulted more widely and in depth with the people of Canada, especially and including, the soliciting of detailed responses from municipal councils and their citizens; and further, That the appropriate City staff be directed to discuss this issue with local M.P.'s and to prepare a report on the implications of this Agreement on municipal government; and further, That a copy of this resolution be sent to local M.P.'s, the Federation of Canadian Municipalities, the Association of Municipalities of Ontario and Ontario Cities having a population greater than 50,000." Carried. Mr. Art Morscher appeared as a delegation on behalf of the Twin Cities Kiwanis Club in support of Clause #3 of the Community Services Committee report of this date and to answer any questions regarding the proposed changerooms/first aid facility. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That Clause #3 of the report of the Community Services Committee of this date be adopted." In response to Councillor Jake Smola, Mr. Morscher advised that the organization would be willing to consider incorporation of a family changeroom in the design of the facility, but such upgrade would increase the cost of the building. Councillor J. Haalboom suggested the club approach the School of Architecture of the University of Waterloo to assist in design issues and Mr. Morscher indicated that he would willingly accept any assistance. Councillor T. Galloway disclosed a pecuniary interest and abstained from discussion regarding involvement with the University of Waterloo as he is employed by that institution. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That Clause #3 of the report of the Community Services Committee of this date be amended, firstly to correct reference to the year 1998 rather than 1997 respecting operating debt and secondly, to delete reference to a requested report regarding the proposed building financing details and incorporate the following additional wording: 'That funding to a maximum of $80,000 be allocated for the replacement of the washrooms/changehouses facility of Kiwanis Park from the Capital Contingency Fund; and further, That the project be managed by the Kiwanis Club in consultation with City staff; and further, That the Kiwanis Club and City staff approach the School of Architecture, University of Waterloo, to invite their consultation on design enhancement of the facility and any other pertinent aspects of the project."' Carried. Clause #3, as amended, of the Community Services Committee report was then put to a vote and MARCH 9, 1998 COUNCIL MINUTES -145- CITY OF KITCHENER Carried. Councillor T. Galloway previously disclosed a pecuniary interest and abstained from all discussion and voting on both the amendment and Clause #3, as amended, regarding involvement with the University of Waterloo since he is employed by the University of Waterloo. Ms. Marianne Leach appeared as a delegation on behalf of the Open Ears Festival of Music and Sound. Councillor B. Vrbanovic pointed out that normally the request of this organization would be dealt with through the grant process of the Community Services Committee; however, because of time constraints, he had recommended the issue be dealt with this date. In regard to the issue, Council was circulated with a memorandum dated February 26, 1998 from Ms. Lori Gove and attachments providing full background to the proposed festival and their grant request. Ms. Leach advised that the festival was conceived approximately 14 months ago and it was their aim to bring their music to the community and the community to the music. She advised that there would be a series of evening concerts in traditional and non-traditional sites, as well as, various other smaller concerts, public events and a symposium in Downtown Kitchener venues. She then described aspects of the planned festival and invited the City to partner in the undertaking. Mr. Don Bourgeois appeared as a delegation firstly, as Chair of the St. Jerome's Preservation Group to support the festival proposal and secondly, as President of an alumnus organization to advise that a $2,000 sponsorship grant had been made to the festival organizers. Councillor J. Haalboom questioned how the St. Jerome's Theatre could be prepared for use and was advised that festival organizers were working with the City by utilizing volunteers to clean the interior. Councillor T. Galloway requested that it be understood that the City's initial funding level would gradually diminish should the festival carry on in future years. Councillor Jake Smola requested that the festival organizers report back to the City on the success of the event. Councillor J. Haalboom noted that the coverage the City was going to get especially for the Downtown area was invaluable. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Haalboom "That the City of Kitchener become a major sponsor of the Open Ears Festival of Music and Sound in its inaugural year by providing a cash grant of $14,000 and in-kind grant of $2,184; and further, That the grant be funded as follows: - $5,000 from the appropriate Downtown Promotional Fund - $5,000 from the appropriate Utilities Promotion Account - Balance from the 1998 General Provisions Grant; and further, That the word 'Kitchener' be added to the name of the Festival; and Iogos of both the City of Kitchener and Kitchener Utilities be incorporated in any marketing of the Festival." Carried. Ms. Shelley Walker appeared as a delegation to express concerns regarding the closure of St. Boniface Catholic School by the Waterloo Region District School Board. She pointed out that various protests have already been held and voiced strong concern regarding the process that the Board has followed in respect to this matter. She indicated that she would bring all information to the Board with the expectation of a full public discussion. In response to Councillor J. Ziegler, she advised that if the School was closed, half the students would be bused to one location and the remaining half would be bused to another. Ms. Walker stated that the school had only two empty classrooms. Councillor T. Galloway questioned if the Board's process was part of a routine review and Ms. Walker advised that to her knowledge only two schools were under review. Councillor Jake Smola suggested to Ms. Walker that an approach might be made to the Public School Board to make use of the vacant space in St. Boniface School since the neighbouring facility of the Public Board has portable classrooms. Mr. John Clinckett, Architect, appeared as a delegation in support of Clause #3 of the report of the Planning and Economic Development Committee of this date dealing with the proposed redevelopment of the existing apartment building at 15 Vicmount Drive and to answer any questions of Council in regard to the project. Councillor C. Weylie again mentioned improvements that she would like to see around the MARCH 9, 1998 COUNCIL MINUTES -146- CITY OF KITCHENER property as was discussed at the committee meeting and noted that there were three neighbourhoods surrounding the subject property that have expressed a concern regarding the proposal. Mr. Clinckett indicated that he had no objection to working with City and neighbourhood representatives, as well as the Police Department to incorporate their input into the design of the building. Councillor C. Weylie commented that the proposal represented a difficult decision as it changes the character of the neighbourhood. She did point out that higher density was desirable as it curtails urban sprawl and also that the project would not proceed, if agreement was not forthcoming from hydro as required in the applications. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That Clause #3 the report of the Planning and Economic Development Committee of Council of this date be adopted." Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee of Council of this date be adopted." Councillor K. Taylor-Harrison referred to Clause #2 of the report dealing with 107 East Avenue and indicated that a public information meeting was being scheduled for Wednesday, March 25, 1998 to address further community concerns and provide clarification in that regard. Mr. T. McCabe pointed out that he understood that the concerns dealt with maintenance issues and that the intent of the meeting would be to deal with the history of property standards issues pertaining to 107 East Avenue. The Committee was in receipt of a communication from Mr. T. McCabe advising that with regard to Clause #6 of the report, the Salvation Army has agreed to shorten the name of proposed General Tillsley Drive to Tillsley Drive. A motion by Councillor T. Galloway, seconded by Councillor J. Ziegler to amend Clause #6 of the report to incorporate this change was accepted by the mover and the seconder as a friendly amendment. The report was then put to a vote. Voted on Clause by Clause. Clause #3 - Dealt with under delegations and Carried. Clause #6 - Carried (As Amended). Balance of report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee of this date be adopted." Voted on Clause by Clause. Clause #3 - Dealt with under delegations and Carried (As Amended). Balance of report - Carried. Recorded Pecuniary Interest: Clause #3 Councillor T. Galloway as he is employed by the University of Waterloo. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi COUNCIL MINUTES MARCH 9, 1998 - 147 - CITY OF KITCHENER "That the report of the Finance and Administration Committee of this date be adopted." Councillor Jake Smola referred to Clause #3 of the report and recommended that the Environmental Committee comment on what type of criteria it would recommend with respect to the issue of budget break even regarding compressed natural gas conversions. Councillor J. Ziegler indicated that he had no objection to the Environmental Committee developing additional wording that would not require motion for reconsideration regarding this matter. By general consent, it was agreed that the Environmental Committee be asked for its input relative to the development of additional criteria respecting compressed natural gas conversions as referenced in Clause #3 of the report. Clause #1 of the report dealing with a final extension to the deadline for relocating Anabella's body rub parlour was raised and Councillor T. Galloway asked that Council not support the recommendation. Some other comments were forthcoming from Councillors J. Ziegler, B. Vrbanovic and G. Lorentz. On motion by Councillor J. Ziegler, seconded by Councillor M. Yantzi, it was agreed to amend Clause #8 to include the schedule of 1998 Budget meeting dates listed in the Committee of the Whole agenda of this date. The report was then put to a vote. Voted on Clause by Clause. Clause #1 - A recorded vote was requested. In Favour: Councillors B. Vrbanovic, J. Ziegler, John Smola, G. Lorentz, K. Taylor-Harrison, Jake Smola and M. Yantzi. Contra: Mayor C. Zehr and Councillors T. Galloway, C. Weylie and J. Haalboom. Motion Carried. Clause #8 - Carried (As Amended). Clause #10 Dealt with under Delegations and Carried (As Amended). Balance of report - Carried. Recorded Pecuniary Interest: Clause #5 - Councillor G. Lorentz as he is employed by Canada Post. Councillor C. Weylie referred to the Community Development Division Strategic Plan Update in the list of information items contained in the Community Services Committee agenda and noted that she and Councillor K. Taylor-Harrison had met with a group of residents in that regard. She asked that the issue be put on the March 23 Community Services Committee agenda and that the neighbourhood association be invited to attend to respond regarding the staff report. Councillor B. Vrbanovic raised a question regarding the new Ontario Municipal Act and Mayor C. Zehr advised that he had referred the matter to staff. It was requested that staff report back in advance of the May 8 deadline. Councillor B. Vrbanovic advised that the City was in receipt of a letter dated February 20, 1998 from Karen Redman, M.P., regarding the issue of partnerships between Quebec and the rest of Canada. In her letter, a challenge is issued for Ontario organizations and businesses to partner with like organizations in Quebec in order to bring the people of both Provinces closer together. It was requested that the proposal be referred to staff to determine how the City could participate. Councillor B. Vrbanovic referred to the problems that the year 2000 issue is going to pose for computer systems. Moved by Councillor B. Vrbanovic MARCH 9, 1998 COUNCIL MINUTES -148- CITY OF KITCHENER Seconded by Councillor John Smola "That staff be requested to prepare a report on the City's planning activity to address the effect of the year 2000 issue on the City's computer systems; and further, That staff consider what role the Economic Development Division could play in raising the profile of this issue and getting the message out to local businesses; and further, That a report on both issues be brought to City Council within two months." Carried. Councillor Jake Smola advised that he wished to respond to the comments of the Minister of Environment as quoted in the newspaper regarding use of sewers for dumping used oil. He clarified that the City does not encourage dumping of any chemicals or oil products into the sewer system and outlined both permanent and temporary facilities that are available within the community to collect hazardous waste products. Councillor T. Galloway advised that the new Country Hills Community Centre was now open and that the Official Opening Ceremonies and Ribbon Cutting would be held on Saturday, April 25 from 1 p.m. to 3 p.m. with events taking place before and after the Official Opening. Councillor J. Haalboom advised that there would be a City roads cleanup on April 29 in the Doon-Pioneer Ward and extended an invitation for citizen participation. Councillor Jake Smola commented that as a Canadian he was disheartened to hear of the flag controversy which took place during the Winter Olympics held in Japan. At the request of Mr. R.W. Pritchard, Council concurred to the addition of a by-law to the agenda for three readings dealing with Zone Change Application 97/13/O/JG. Moved by Councillor Jake Smola Seconded by Councillor J. Haalboom "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) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (Cont'd) (c) Being a by-law to amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof (d) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (e) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (f) Being a by-law to provide for the establishing and laying out of part of Westforest Trail as a public highway in the City of Kitchener (g) Being a by-law to license Street Vendors in Victoria Park and at specific street intersections, expiring December 31, 1998 (h) To confirm all actions and proceedings of the Council MARCH 9, 1998 COUNCIL MINUTES -149- CITY OF KITCHENER (i) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - John Fody - Ottawa Street North - No.97/13/O/JG 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 G. Lorentz as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor (3. Lorentz Seconded by Councillor K. Taylor-Harrison "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes, are hereby adopted and confirmed." Carried. Moved by Councillor Jake Smola Seconded by Councillor J. Haalboom "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) 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.98-24) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (By-law No. 98-25) Being a by-law to amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof (By-law No. 98-26) (Cont'd) (d) (e) (f) (g) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (By-law No. 98-27) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (By-law No. 98-28) Being a by-law to provide for the establishing and laying out of part of Westforest Trail as a public highway in the City of Kitchener Being a by-law to license Street Vendors in Victoria Park and intersections, expiring December 31, 1998 (By-law No. 98-29) at specific street (By-law No. 98-30) (h) To confirm all actions and proceedings of the Council MARCH 9, 1998 COUNCIL MINUTES - 150- CITY OF KITCHENER (i) (By-law No. 98-31) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - John Fody - Ottawa Street North - No.97/13/O/JG (By-law No. 98-32) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned. Carried. MAYOR CLERK PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - That Zone Change Application ZC 97/13/O/JG (John Fody), requesting to change the zoning from Residential Four Zone (R-4) to Residential Five Zone (R-5) with special use provision 251, on lands legally described as Part Lot 38, Registered Plan 651, be approved in the form shown in the attached "Proposed By-law", dated January 28, 1998, subject to the following conditions: 1) That the owner obtain Site Plan approval for the fourplex. 2) The owner acknowledges that Condition 1) is required to be satisfied no later than seven (7) month from Council having approved the amending zoning by-law relative to the Zone Change Application 97/13/0/JG by resolution. In the event this requirement is not fulfilled within the seven month period, Council shall consider rescinding its 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. 2. 1 2) That Council adopt Municipal Plan Amendment Application MP 97181EIJW (R. Eckhardt - 107 East Avenue), being an amendment to revise Map 20, "Central Frederick Neighbourhood Secondary Plan - Plan for Land Use" by changing the designation on 107 East Avenue from Low Rise Conservation 'A' to Low Rise Conservation 'B', as shown on Schedule 'A' attached to Staff Report PD 98~9. It is the opinion of this Committee that approval of this application is proper planning for the City. That Zone Change Application ZC 97/18/E/JW (R. Eckhardt) rezoning 107 East Avenue from R-5 (Residential Five Zone) with Special Use Provision 129U to R-5 (Residential Five Zone) with Special Regulation 270R, be approved in the form shown in the attached "Proposed By-law", dated January 5, 1998, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with a recommended Amendment (R. Eckhardt - 107 East Avenue) to the City's Municipal Plan. 3. 1 That City Council approve Municipal Plan Amendment Application MP 9619NIPB (15 Vicmount Drive -257913 Holdings Inc.), being an amendment to: a) revise Map 5, "Land Use Plan" by changing the designation on lands municipally addressed as 15 Vicmount Drive from "Low Rise Residential" to "Medium Rise Residential", as shown on Schedule 'A', attached to Staff Report PD 97/115; and further, that Conditions 1 and 2 of recommendation #2 below be fulfilled prior to final approval of the change to Map 5 of the Municipal Plan. b) delete Sections 10.1.2, 10.1.3 and 10.1.4 from Part 3 of the Municipal Plan and c) insert the following into Part 2, "Servicing and Utilities", Section 4.1 of the Plan: 4.1.1. Electric power facilities which satisfy the provisions of the Environmental Assessment Act and smaller service and utility facilities such as service lines and natural gas pressure stations are public uses not restricted by this Plan. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 3. Cont'd 4.1.2. Construction of utility lines for electric power, gas or other services shall be located and installed so as to minimize their impact on adjacent land uses and the environment. COUNCIL MINUTES MARCH 9, 1998 - 152- CITY OF KITCHENER COUNCIL MINUTES MARCH 2, 1998 - 152- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 4.1.3. Shared land uses on Ontario Hydro Rights of Way will be allowed without an amendment to this Plan provided that the shared use is associated and compatible with the adjacent land uses and compatible with surrounding uses and has been approved by Ontario Hydro. Examples of shared uses are open space links, parking lots, outside industrial storage or other uses accessory to adjacent land uses. d) That in the event Conditions 1 and 2 of Recommendation 2, which require written agreement from Ontario Hydro are not satisfied prior to Council approving the City- initiated housekeeping Municipal Plan Amendment being processed under application MP96/10/MP/BN, that the "City-wide" portion of this Amendment, set out in Recommendations lb) and lc), be included as part of Municipal Plan Amendment Application MP96/10/MP/BN. It is the opinion of this Committee that approval of this application is proper planning for the City. 2) That Zone Change Application ZC 96/34N/PB (257913 Holdings Limited) requesting a change in zoning from Residential Six Zone (R-6) to Residential Eight Zone (R-8) with special regulation provision 281R, and from Open Space Zone (P-2) to Open Space Zone (P-2) with special use provision 248U, on lands municipally addressed as 15 Vicmount Drive and legally described as Part of Lot 6, Registered Plan 786, Block D, Registered Plan 1319, be approved, in the form shown in the attached "Proposed By-law" dated December 11, 1997, subject to the following conditions: That the City receive notice from Ontario Hydro that they agree in principle to entering into an agreement in perpetuity for the lease of lands from Ontario Hydro to 257913 Holdings Ltd. for the purposes of required off-street parking in accordance with Section 6.1.1.1 a) of the City's Zoning By-law 85-1 or alternatively that Ontario Hydro has received an acceptable offer to purchase for the said lands; That the Owner arrange for notification, by letter from the Regional Municipality of Waterloo to the City Clerk, that all Regional requirements have been satisfied with respect to the proposed zone change; The Owner acknowledges that Conditions 1 and 2 are required to be satisfied no later than 7 months from the day of Council having approved by resolution Zone Change Application 96/34N/PB. In the event this requirement is not fulfilled within the 7 month period, Council shall consider rescinding its Municipal Plan Amendment and 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 a recommended Amendment (15 Vicmount Drive - 257913 Holdings Limited) to the City's Municipal Plan. (Dealt with under Delegations and Carried) 4. A) That Zone Change Application 96/8/P/LM (913612 Ontario Limited) requesting a change in zoning from Agricultural (A-l) according to By-law 85-1 to Residential One Zone (R-l), Residential Three Zone (R-3) with special use provision 249U, Residential Four Zone (R-4) and Hazard Land Zone (P-3) according to By-law 85-1, on Part of Lot 8, Beasley's Old Survey, be approved in the form shown in the attached Proposed By-law dated January PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 4. Cont'd 15, 1998, subject to the Subdivision Conditions contained in recommendation (B) below. COUNCIL MINUTES MARCH 9, 1998 - 153- CITY OF KITCHENER COUNCIL MINUTES MARCH 9, 1998 - 153- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 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. B) That Subdivision Application 30T-95025 (913612 Ontario Limited) be recommended to the Regional Municipality of Waterloo for draft approval, subject to the following conditions: That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined on the attached Plan of Subdivision and that the following special conditions be written therein: The Subdivider covenants and agrees: 51. That the final plan for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated December 10, 1997, provided that minor amendments to said plan, acceptable to the General Manager of Planning and Development, and not affecting the numbering of any lots or blocks, may be permitted without an amendment to this agreement. Any changes affecting the numbering of lots or blocks shall require an amendment to this agreement to reflect such changes. 52. To submit a Lot Grading and Drainage Control Plan for approval of the City's General Manager of Public Works, in consultation with the City's Department of Parks and Recreation, the Regional Municipality of Waterloo and the Grand River Conservation Authority, prior to the City's release of the Plan of Subdivision for registration. 53. That prior to any grading or construction on the site and prior to the City's release of the Plan of Subdivision for registration, to submit for the approval of the City's General Manager of Public Works, in consultation with the City's Department of Parks and Recreation, the Regional Municipality of Waterloo and the Grand River Conservation Authority, a detailed engineering design for storm water management in accordance with the approved concept plan. Said engineering design shall include an erosion and siltation control plan indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction. The Subdivider further agrees to implement all required measures as outlined in the approved final design. 54. That the Plan of Subdivision shall not be registered until Stage 4 of Draft Plan of Subdivision 30T-90029 (Monarch Construction Limited Wyldwoods 'B') is registered and the municipal roads are constructed and open to public vehicular traffic all to the satisfaction of the City's General Manager of Public Works. The Subdivider further agrees that, subject to the provisions of Section 31(c) above, no building permits shall be issued for the development until Thomas Slee Drive together with the re-alignment of Pinnacle Drive at its intersection with Thomas Slee Drive, as they abut the Plan of Subdivision, are constructed and open to public vehicular traffic to the satisfaction of the City's General Manager of Public Works, in order to provide a means of access, water and sanitary sewer services to the development. 55. That the City Solicitor shall arrange for a By-law to be presented to Council, to open 0.3 metre reserve Block 89 (Stage 4), along the southerly limit of Thomas Slee Drive within Draft Plan of Subdivision 30T-90029, as "public highway", prior to the registration of the Plan of Subdivision and upon the City being satisfied that the Subdivider has paid its fair share of the costs to the adjacent Subdivider, such PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 4. Cont'd COUNCIL MINUTES MARCH 9, 1998 - 154- CITY OF KITCHENER COUNCIL MINUTES MARCH 9, 1998 - 154- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL costs being those related to the installation of service connections under Thomas Slee Drive and the construction of the shared storm water management facility within Block 83 (Stage 4) of Draft Plan of Subdivision 30T-90029. The Subdivider shall bear all costs associated with the installation of driveway ramps, boulevard landscaping (including street trees) and sidewalks to service those lots within the Plan of Subdivision which front Thomas Slee Drive. 56. That the name of the street within the Plan shall be Pearwood Court. 57. That construction traffic to and from the proposed subdivision shall be restricted to using Thomas Slee Drive to New Dundee Road. The Subdivider further agrees to advise all relevant contractors, builders and other persons of this requirement with the Subdivider being responsible for any signage, where required, all to the satisfaction of the City's General Manager of Public Works. 58. To make satisfactory financial arrangements with the City's General Manager of Public Works for the construction of a 1.5 metre wide concrete sidewalk along the entire frontage on Thomas Slee Drive and along the east/south side of Pearwood Court between Thomas Slee Drive and Walkway/Emergency Access Block 36. 59. To obtain, from the Grand River Conservation Authority, if necessary, a Fill, Construction and Alteration to Waterways Permit under Ontario Regulation 149 as amended by 69/93 and 669/94, prior to on-site grading, the installation of services and prior to the City's release of the Plan of Subdivision for registration. 60. To convey to the City of Kitchener, at no cost and free of encumbrance, concurrent with the registration of the Plan of Subdivision, Block 37 for storm water management purposes, to be consolidated with Block 89 (Stage 4), Draft Plan of Subdivision 30T-90029. 61. To dedicate to the City of Kitchener, through plan registration, Block 36 for public walkway/emergency access purposes. 62. To undertake any measure required to ensure proper water pressure to the proposed development, to the satisfaction of the City's Chief Building Official. 63. To make a cash contribution to the City of Kitchener Park Trust Fund Account in lieu of land for park purposes and in fulfilment of the park dedication requirement as set out in Sections 51(5)(a) and 51(8) of the Planning Act, R.S.O. 1990. Said contribution shall be equivalent to five percent of the land being subdivided, being 0.16 hectares, with said value and contribution being determined as of the day before the day of draft approval and paid immediately prior to the City's release of the Plan of Subdivision for registration. 64. To construct a dual purpose public walkway/emergency vehicular access within Block 36, at the Subdivider's cost and to the satisfaction of the City's General Manager of Public Works, prior to issuance of building permits. 65. To upgrade Thomas Slee Drive (formerly Pinnacle Drive) from its terminus as determined by the southerly limit of Draft Plan of Subdivision 30T-90029 to New Dundee Road to full municipal services, save and except for sanitary sewer. The City agrees to finance its appropriate share for this section of road through development charges funds. 66. To monitor, at its cost, all private wells on properties along the east side of Thomas Slee Drive (formerly Pinnacle Drive) opposite the Plan of Subdivision and along the north side of New Dundee Road abutting the Plan of Subdivision, MARCH 9, 1998 COUNCIL MINUTES - 155- CITY OF KITCHENER COUNCIL MINUTES MARCH 2, 1998 - 155- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 4. Cont'd immediately prior to development, during development, and subsequent to development for a period of one year from the date of the City's acceptance of the underground services within the plan. The Subdivider further agrees that if, within the stipulated monitoring timeframe, the installation of underground services or the construction of the subdivision causes the existing private wells to be impacted to the degree of being unable to provide an appropriate and adequate supply of potable water, as determined by the monitoring program, the Subdivider shall be responsible for providing a new water supply to any affected properties, either temporarily or permanently as the case may be, to the satisfaction of the City's General Manager of Public Works. 67. That any fence proposed to be constructed by future property owners along the rear property lines of Lots 1 through 5 inclusive and Lots 16 through 26 inclusive, where such lots abut existing estate residential development zoned Residential One Zone (R-l), shall be constructed at a height of 1.8 metres and in accordance with an approved design. In this regard, the Subdivider shall prepare a fence plan, for the approval of the City's Director of Community Planning, Development and Design prior to registration of the Plan of Subdivision, showing the height, construction materials and design of such fences. The Subdivider further agrees that the requirements set out in the approved fence plan shall be included within all Offers to Purchase/Agreements of Purchase and Sale. It is the opinion of this Committee that approval of this subdivision application is proper planning for the City. c) That the implementing Zoning By-law for Zone Change Application 95/8/P/LM (913612 Ontario Limited) not be presented to City Council until Subdivision Application 30T-95025 has received Regional Draft Approval whereupon the amending Zoning By-law shall be presented to Council for all three readings. Alternatively, three readings of the amending Zoning By-law may be given if the City Clerk is presented with a letter from the Regional Municipality of Waterloo advising that the Region has no objections to the passing of the By-law. That City Council receive and endorse in principle subject to further review at the Committee's next meeting, the Department of Planning and Developments Strategic Plan, Planning Tomorrow Together 1998 - 2002, as a guide for the Department over the next 5 years. That City Council support the renaming of Waterford Street to Tillsley Drive and accordingly direct the City's Legal and Corporate Services Departments to immediately proceed with the preparation and advertisement of a street naming by-law for three readings at the April 14, 1998 meeting of City Council. (As Amended). COMMUNITY SERVICES COMMITTEE - That we approve the criteria and application form for the Facade Improvement Program within the boundaries of the Cedar Hill Neighbourhood, as presented to the Community Services Committee on February 23, 1998. That no action be taken on the grant request of Defiant Pictures for an in-kind grant in the amount of $3,215.00 for City Hall rental and other related expenses. 3. That we approve the request of the Kiwanis Club of Twin Cities to defer repayment of the current MARCH 9, 1998 COUNCIL MINUTES - 156- CITY OF KITCHENER COUNCIL MINUTES MARCH 9, 1998 - 156- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL debt of $16,500.00 plus the anticipated $30,000.00 - $40,000.00 operating debt, for 1998, until 1999, and further, COMMUNITY SERVICES COMMITTEE - (CONT'D) 3. (Cont'd) That funding to a maximum of $80,000 be allocated for the replacement of the washrooms/changehouses facility of Kiwanis Park from the Capital Contingency Fund; and further, That the project be managed by the Kiwanis Club in consultation with City staff; and further, That the Kiwanis Club and City staff approach the School of Architecture, University of Waterloo, to invite their consultation on design enhancement of the facility and any other pertinent aspects of the project. (Dealt with under Delegations and Carried, as amended) That the City of Kitchener continue to monitor, modify and replace playgrounds according to C.S.A. standards (including accessibility components) and its successors; with any new playlots constructed within the parks system meeting the current standards, and further, That any new or redeveloped playgrounds constructed within the parks system be fully accessible or feature accessible components, and further, That identified playlots be modified for accessible play as capital funds allow, and further, That the surfacing to be used for new or redeveloped playgrounds, which feature accessible components, be a manufactured wood chip mulch system or a approved equivalent, and further, That a committee comprised of users and staff be struck to seek funding and/or contributions from various sponsors for the purpose of developing accessible playlots in the City of Kitchener, and further, That Victoria Park continue to be treated as a city wide facility and continue to be developed as a fully accessible facility. That the request for proposal for the Victoria Park Boathouse restaurant/concession, as considered by the Community Services Committee on February 23, 1998, be approved for public distribution, and further, That a selection committee be struck to review all applications, develop a short list, conduct interviews and make recommendations to the Community Services Committee relative to the restaurant/concession operation, and further, That Councillors M. Yantzi and G. Lorentz be appointed to the selection committee. That Councillor M. Yantzi be appointed to the Board of the Kitchener Horticultural Society for a term to expire November 30, 1998. That the City of Kitchener Parks and Recreation Department renew the "Speed Skating Oval Agreement" with the K-W Sertoma Speedskating Club Inc. and Conestoga College, and further, That the City of Kitchener Parks and Recreation Department not renew the "Tennis Court Agreement" with Conestoga College, and further, That the City of Kitchener Parks and Recreation Department not renew the "Softball Diamond/Soccer Field Agreement" with Conestoga College, and further, MARCH 9, 1998 COUNCIL MINUTES - 157- CITY OF KITCHENER COUNCIL MINUTES MARCH 9, 1998 - 157- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That the Mayor and Clerk be authorized to sign the agreement, which shall be to the satisfaction of the City Solicitor. COMMUNITY SERVICES COMMITTEE - (CONT'D) That the City of Kitchener renew the grass cutting service contract with K-W Habilitation for 1998, at a total estimated cost of $36,229.00, and further, That the Mayor and Clerk be authorized to sign the agreement, which shall be to the satisfaction of the City Solicitor. FINANCE AND ADMINISTRATION COMMITTEE - That Randy Zivkovic be granted a final extension to the deadline for relocating Anabella's (body rub parlour) to March 23, 1998, and in this regard, Mr. Zivkovic is to appear at the Finance and Administration Committee meeting of March 23, 1998 with a list of the potential new locations reviewed by staff and with written commitments from landlords to lease or vendors to sell, at which time the Committee will recommend to Council which, if any, of these sites are appropriate, following which Mr. Zivkovic will have until the Council meeting of March 30, 1998 to finalize the relevant agreements, all on the understanding that there will be no further extensions granted in regard to the relocation. That Council approve the use of prequalification to select general contractors in regard to tendering for the new firehall headquarters. That the Fleet Division continue using the existing criteria of "budget break even" to determine suitability for compressed natural gas (CNG) conversions; and, That Council decide what cost it is willing to pay, over the break even point, to achieve cleaner air; and further, That the Fleet Division continue to monitor the progress of alternative fuels within the industry, particularly the hydrogen fuel cell technology. That Council approve a one time Community Development Infrastructure Grant for the Central Frederick Neighbourhood Association in an amount not to exceed $3,000.00 to develop, coordinate and evaluate a neighbourhood festival, and to assist in preparation of a handbook on how to run a neighbourhood festival, with this amount to be debited from Capital Account #715056 (Community Infrastructure Program); and, That the Neighbourhood Association representatives work with the Parks and Recreation Department staff already assigned to develop a handbook for staging and evaluating such events, with such handbook to be used as a resource by other neighbourhood associations wishing to organize events in their respective communities. That Council approve an application from the Canada Post Corporation for a grant-in-lieu of building permit fee in the amount of $2,992.50 under the Downtown Financial Incentive Program. That Council approve an application from Brendan Soye and David Beaton for a grant-in-lieu of building permit fee in the amount of $493.00 under the Downtown Financial Incentive Program. That determination of the 1998 water rate be deferred and referred to the 1998 budget review process. MARCH 9, 1998 COUNCIL MINUTES - 158- CITY OF KITCHENER COUNCIL MINUTES MARCH 9, 1998 - 158- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 8. "That Council approve the following meeting dates for the balance of the 1998 Budget process: Thursday, April 16, 1998 - 9:00 to 5:00 p.m. Finance Committee Review of Operating - Day 1 Monday, April 20, 1998 - 9:00 to 5:00 p.m. Finance Committee Review of Operating - Day 2 Friday, May 15, 1998 - 9:00 to 5:00 p.m. Council Budget Day With all meetings to be held in the Council Chambers." (As Amended). 9. That the City of Kitchener allocate up to $13,500.00 toward a shared effort with the Region of Waterloo and other area municipalities within the Region for the development and implementation of a communication strategy, and that staff be authorized to proceed with this initiative. 10. That no further bus advertising contracts for interior or exterior advertising be entered into where these would involve either direct tobacco advertising or indirect tobacco advertising of a sponsorship nature; and further, That staff be directed to consider not utlizing the three buses painted with tobacco advertising on special school runs; and further, That staff develop and report on criteria for what constitutes appropriate advertising on City buses. (Dealt with under Delegations and Carried, as amended). MARCH 2, 1998 COUNCIL MINUTES - 159 - CITY OF KITCHENER COMMITTEE OF THE WHOLE BY-LAWS AS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Various Licensinq Requests It was resolved: "That the following massagists be granted Massagist licences for the year 1998: Valerie Currie Rebecca Robb Amy Agius Diane Stone." -and- "That the City of Kitchener has no objection to the Fergus & District Kinsmen Club, 545 St. George St. E., Fergus, Ontario, NlM 1L1, being granted permission to sell tickets in the City of Kitchener for a draw on May 18, 1998 at Tudor Arms, Sarnia, Ontario." 2. 55+ Employment Service Aqreement It was resolved: "That the Mayor and Clerk be authorized to execute an agreement with Human Resources Canada for a grant in the amount of $4,616. to assist in the operation of the 55+ Employment Service operated at Rockway Gardens." 3. Fire Station #4 - Surplus to City's Needs - FAIRVIEW WARD Councillor T. Galloway requested that staff comment on the method of disposition of the Fairway Road Fire Hall site. Mr. J. Shivas advised that the disposition method recommended is through negotiation with an abutting property owner. It was resolved: "That the parcel of land described as Part of Lots 17 and 18, Registered Plan 988 and Part of Lot 167, Streets and Lanes, situated at 340 Fairway Road South commonly known as Fire Station #4, be declared surplus to the City's needs and that staff be directed to dispose of the site with an Agreement of Purchase and Sale to be presented to City Council for acceptance." 4. Committee of Adjustment - Memberships & Subscriptions It was resolved: "That Ms. S. Campbell, Messrs. W. Dahms, S. Kay, P. Kruse and A. Galloway be permitted memberships in the Ontario Association of Committees of Adjustment and Consent Authority of 1998, at an estimated, total cost of $350.00. - and - COUNCIL MINUTES MARCH 9, 1998 - 160- CITY OF KITCHENER COUNCIL MINUTES MARCH 9, 1998 - 160- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES MARCH 2, 1998 - 160 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 4. Committee of Adjustment - Memberships & Subscriptions (Cont'd) That Ms. S. Campbell, Messrs. W. Dahms, A. Galloway, S. Kay and P. Kruse be permitted to attend the annual conference of the Ontario Association of Committees of Adjustment and Consent Authorities from May 31-June 3, 1998, with the City to pay the normal expenses incurred. - and - "That Ms. S. Campbell, Messrs. W. Dahms, A. Galloway, S. Kay and P. Kruse be permitted 1998 subscriptions to Municipal World at a total cost of $241.30." 5. 1998 BudqetSchedule This item was dealt with under the Finance and Administration Committee report as an amendment to clause #8 of the report. 6. Committee of Adjustment Submission - SOUTH WARD Prior to considering the recommendation, Councillor T. Galloway advised that he wished to go on record as publicly thanking the developers of the Westmount Shopping Centre at Westmount Road and Ottawa Street South for the additional effort and expense they had incurred to incorporate attractive urban design features within the development. Councillor J. Haalboom echoed Councillor Galloway on this point, but questioned if the proposed sign might conflict with the building design, as it was her hope it would enhance the plaza. Mr. T. McCabe advised that he did not see the sign conflicting with the present design of the plaza. It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of February 17, 1998, recommending approval of Submission No. S 1/98 - Ottawa-Westmount Shopping Centre - Be Ratified and Confirmed." 7. Various Tenders The tenders were dealt with under delegations. 8. Licence Request It was Resolved: "That the following massagist be granted a Massagist licence for the year 1998: Rosa Couto." 9. Consent to Transfer and Quit Claim Deed The Committee was in receipt of a memorandum dated March 2, 1998 from Mr. J. Shivas. It was Resolved: COUNCIL MINUTES MARCH 9, 1998 - 161- CITY OF KITCHENER COUNCIL MINUTES MARCH 9, 1998 - 161- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL "That the City consent to a transfer from 1035944 Ontario Limited to H20 Express Limited of the property described as Part 5 on Reference Plan 58R-3620 and municipally known as 30 Howard Place, Kitchener; and further, That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all rights of the City contained in paragraphs 2.(b) and 2.(c) of the Schedule to Instrument No.827691 respecting Part 5 on Reference Plan 58R-3620 and municipally known as 30 Howard Place, Kitchener."