HomeMy WebLinkAboutCouncil Minutes - 1992-10-13COUNCIL\1992-10-13
COUNCIL MINUTES
OCTOBER 13, 1992
The Council of the Corporation of the City of Kitchener met this date with all members present.
On motion by Alderman J. Smola, the minutes of the regular and special meetings held on September 21,
1992, were accepted.
Mr. Jack Nanson appeared on behalf of the Kitchener Lions Club concerning clause 6 of the Finance and
Administration Committee report of this date which recommends no action on their request for a licence to
sell break-open (Nevada) tickets, during Oktoberfest. He referred to section 3 of the Province's Terms
and Conditions which indicate that break-open ticket licences shall only be issued to a charitable or
religious organization which owns or regularly occupies premises at which the tickets will be offered for
sale. Mr. Nanson submitted that the Lions Club regularly occupies premises at the Queensmount Arena
during Oktoberfest, and otherwise regularly occupies the Lions Arena. He suggested that the conditions
referred to should not be too narrowly interpreted in this instance, since the Lions Club uses the funds it
raises in the community and sells the tickets in what he referred to as a controlled environment. In
closing, Mr. Nanson asked that Council grant the break-open ticket licence and that the organization's
original application be amended to indicate an amount of 10 rather than 60 boxes of tickets.
Alderman G. Leadston agreed with Mr. Nanson's interpretation of the term "regularly occupies" as it
applies to the Lions Club's use of Queensmount. Alderman M. Wagner suggested that granting the
licence would be a deviation by Council from its previous policy and the legal requirements of the
Province. Mr. Nanson responded by referring to the interpretation of a seasonal residence in the Income
Tax Act and stated that he feels the Lions Club regularly occupies the premises on a seasonal basis.
Mr. R.W. Pritchard advised that prior to enacting of the Provincial Regulation, the City had its own
guideline, the intent of which was that organizations occupy the premises in question on a year round
basis. He stated that until now, Council has not allowed organizations to sell tickets unless they either
own or occupy the premises throughout the year. Mr. J. Wallace advised that the Provincial occupancy
conditions are intended to address the issue of control as break-open tickets can be subject to a great
deal of abuse. In the past, Council has also promoted tight control through its definition of "regularly
occupies" and its knowledge and faith in the applicant's ability to control the operation. He stated that the
onus is on Council to appropriately interpret the Provincial Regulations.
Moved by Alderman C. Zehr
Seconded by Alderman G. Lorentz
That clause 6 of the Finance and Administration Committee report of this date be adopted.
MOTION LOST.
Moved by Alderman G. Lorentz
Seconded by Alderman M. Wagner
That the City grant the request of the Lions Club of Kitchener for permission to sell break-open
tickets for the remainder of Oktoberfest (October 14-17, 1992) from their Festhall located at
Queensmount Arena, and further,
That the Club's original application be amended to indicate a request for 10 rather than 60 boxes
of tickets.
Carried.
Mr. Darko Vranich and Mr. Robert Dyck, Project Architect, appeared on behalf of the owners of a
proposed project at 120 Ann Street concerning an extension of the date which would allow the project to
qualify for a development charge exemption as outlined in the transitional provision of the Development
Charges By-law. He explained that the owners are attempting to start construction of a senior citizens
apartment building, but have encountered various delays relative to the lender and the Central Mortgage
& Housing Corporation. In this regard, Mr. Dyck referred to a letter from Mr. Stanley Grossman dated
September 28, 1992 outlining these difficulties.
Mr. Dyck further explained that the project has qualified for exemption under the Regional definition,
however, since the foundation was not completed by the October deadline City Development Charges
are owing, payment of which would jeopardize the project. Mr. Dyck acknowledged that footings for the
building are already in the ground, but only 20 feet of foundation has been constructed to date. He asked
that the City relax its definition in order to allow the project to qualify for a Development Charge
COUNCIL M/NIYFES - 588 - OCTOBER 13, 1992
exemption.
Mr. J. Wallace clarified that the By-law indicates the footings and the foundation must be complete within
six months of the building permit being issued. He noted that in order to comply with the owner's request,
Council would have to amend the Development Charges By-law which would require a public notice, a
public meeting and possibly an appeal to the Ontario Municipal Board. Mr. J. Witmer explained that
approximately six applicants were caught in a transitional period prior to implementation of the By-law,
and were notified of the April 1 date by which certain requirements had to be met. He stated that two or
three other projects were exempt and this is the only instance of failure to comply with the requirements.
In response to a question from Alderman J. Ziegler, Mr. Witmer advised that if the By-law were amended
as requested, this could create a problem involving two other projects where the owners were told that if
the April deadline could not be met, they need not bothered applying for an exemption. Mr. T. McKay
cautioned that the City of Kitchener is one of the few large municipalities which have not had appeals
registered with the O.M.B. as a result of implementing the Development Charges By-law. Any attempt to
amend the By-law at this time, would create the possibility of an appeal and related legal costs.
Moved by Alderman B. Stortz
Seconded by Alderman G. Leadston
That no action be taken on the request of the owners to extend the compliance date for an
exemption from Development Charges under the transitional provision of the Development
Charges By-law as it relates to the proposed development at 120 Ann Street.
Alderman C. Zehr enquired as to the project timetable and Mr. Dyck replied that once financing has been
approved, it will take approximately five weeks to complete the foundations. Further construction would
then be delayed for a number of months since the methods employed are not conducive to winter work.
The motion by Alderman B. Stortz that no action be taken on the request from the owners of 120 Ann
Street, was voted on and Carried.
Ms. Kelly Lee Crain appeared and requested permission to operate a baked potato stand at the corner of
King and Benton Streets during the remainder of Oktoberfest celebrations.
Moved by Alderman G. Leadston
Seconded by Alderman G. Lorentz
That Loren Crain of the Baked Potato Company be granted permission to operate a Refreshment
Stand on the sidewalk at the corner of King and Benton Streets during the remainder of
Oktoberfest (October 14-17, 1992), provided that the necessary licence, as well as health and
police approvals are obtained.
Carried.
Mr. Austin Beachey appeared on behalf of Tax Watch and commented on the September 28, 1992 report
of the Chief Administrative Officer, concerning allegations made by Mr. J. Ross against staff of the
Building Division. He stated that the report indicates Council should consider legal action against Mr.
Ross, however, considering the City's reputation for openness and accessibility, he asked that Council
not pursue this course of action as it would deter other individuals from coming forward with complaints.
Alderman C. Zehr responded that Mr. T. McKay's report has been received to date as information only
and questioned whether Mr. Beachey was aware of any comments made by Council members indicating
they wish to pursue legal action. Mr. Beachey replied in the negative, indicating that Building Division
staff had stated this may occur. In response to a question from Alderman G. Lorentz, he further advised
that Tax Watch considers the matter closed, and though concerned about the way the report was
handled, are satisfied that Council is not pursuing legal action.
Alderman C. Zehr advised that he wished to amend the Finance and Administration Committee report of
this date by introducing an additional clause. On motion by Alderman Zehr, seconded by Alderman G.
Lorentz, Council agreed to the addition of clause 8 regarding the receipt of Mr. T. McKay's report of
September 28, 1992 as information.
Mr. Anthony T. Keller appeared on behalf of the K-W Track & Field Association and asked that Kitchener
approve a program of binding arbitration aimed at resolving areas of disagreement involving local Track &
Field Groups. He referred to a resolution recently enacted by the City of Waterloo requiring that binding
arbitration be completed by November 9, 1992 as a condition of receiving grant funding in 1993. He
COUNCIL M/NIXPES - 589 - OCTOBER 13, 1992
stated that a request to extend the above date was refused by Waterloo and under the circumstances the
Club has no choice but to submit to arbitration.
Mr. Keller referred to a letter from the City's Director of Recreation outlining several questions and
concerns over the arbitration program. In response to these, Mr. Keller advised that arbitration would not
be binding on the City of Kitchener and that he had no answer as to how possible creation of two
separate Track & Field Organizations would impact on other minor sports groups in the community. In
response to a question from Alderman J. Ziegler, Mr. Keller advised that an arbitrator would be selected
pursuant to the Arbitration's Act and that the parties to be bound by the arbitration would bear the costs
equally. He noted that two to three days of hearings are anticipated and the arbitrator's decision can be
enforced as though it was the direction of a Court of Law. Alderman J. Ziegler responded that this
situation is favourable to the City since there is no cost to taxpayers and the decision is binding only on
the individual Clubs.
Alderman M. Wagner commented that in all likelihood arbitration will take longer than anticipated by Mr.
Keller and would be indirectly binding on the City since the municipality would be obliged to treat the
parties as the arbitrator directs. Mr. Keller responded that in his opinion, this would not be the case.
Alderman Wagner asked for clarification of what is to be arbitrated. Mr. Keller replied that all parties
would meet to clarify the issues and referred to a comment that the issue would revolve around the best
way to deliver Track & Field services to youth of the Twin Cities. He added that following arbitration, each
group would still be obliged to approach the municipality for funding approval. Mr. R. Arnot commented
that it is his understanding that the issues to be arbitrated are still unknown.
Alderman C. Zehr expressed concern over the potential impact in the event an arbitrator's decision is
contrary to City of Kitchener guidelines. Alderman G. Leadston referred to the lengthy history of this
issue and stated that the City had previously come to the conclusion that one organization is desirable
and that it would only fund one Track & Field Club. He added that this would require individual Clubs to
put aside their own agendas and differences of opinion in order to concentrate on providing the services
at issue. Alderman B. Stortz asked that Kitchener Council's resolution of May 4, 1992 (page 339) which
indicates support for a single minor sports organization for the primary delivery of Track & Field programs
and services in Kitchener-Waterloo be brought forward as evidence in any arbitration hearing.
Mr. Duane Kennedy and Ms. Mary Jane Schlegel appeared on behalf of the Waterloo Region Associated
Track & Field Club. Mr. Kennedy indicated the Club's support of the recent Waterloo Council motion
which directs that the Track & Field organizations enter into binding arbitration. They also voiced their
support of the November 9 deadline and the condition that 1993 funding will be provided only if an
agreement is reached.
Mr. Kennedy also indicated that the Clubs, as well as staff from both municipalities, agree that there
should be one reporting entity however, disagreement exists only with regard to the nature of that entity.
He advised that his organization supports the concept of multiple clubs operating under a single blanket
organization and criticized what he believed to be the desire of the K-W Track & Field Association to
retain a monopoly on providing services and programs in the community. Mr. Kennedy pointed out that in
his opinion, binding arbitration would be a wasted effort if Council is not willing to accept the outcome. He
also indicated that in his opinion, City staff were not impartial in dealing with this issue as they favour a
single Track & Field Club.
Alderman C. Zehr asked whether the Waterloo Region Associated Track & Field Club would be prepared
to abide with the decision of the arbitrator if the ruling is inconsistent with their expectations. Mr. Kennedy
replied in the affirmative indicating that the Club wants access to facilities and funding, but pointed out
that they have been operating for a number of years without either of these and are prepared to do so
again.
Ms. Schlegel stated that she hoped the arbitrator would deal with the issue of all Clubs having access to
facilities, equipment, funding and recognition, as well as, the notion that the K-W Track & Field
Association would be an association of Clubs rather than individuals. She also related a history of the
issue since May of 1992 and indicated her support for binding arbitration.
Moved by Alderman M. Wagner
Seconded by Alderman G. Lorentz
That no action be taken on the request of the Kitchener-Waterloo Track & Field Association that
the City of Kitchener endorse the use of binding arbitration to resolve areas of disagreement
between the Association and the Waterloo Region Associated Track & Field Club as regards the
COUNCIL M/NIXPES - 590 - OCTOBER 13, 1992
delivery of Track & Field programs and services to the community, and further,
That Council reaffirm the following motion which it passed on of May 4, 1992:
"That the Kitchener Parks & Recreation Department and the Waterloo Department of
Recreation and Culture, in accordance with their established policies and practices, affiliate
with one minor sports organization for the primary delivery of track and field programs and
services in Kitchener-Waterloo; and further,
That this affiliated organization be the K-W Track & Field Association (K.W.T.F.A.).
Further, that the Constitution of the K-W Track & Field Association be reviewed and
updated to reflect the needs of all Track and Field disciplines and that a report regarding
this matter be submitted to Council by September 15, 1992."
A recorded vote was requested.
In Favour: Aldermen M. Wagner, B. Stortz, T. Galloway, G.
Leadston, C. Zehr and G. Lorentz.
Contra: Mayor D.V. Cardillo, Aldermen M. Yantzi, J. Zielger,
C. Weylie and J. Smola.
Carried.
Moved by Alderman J. Ziegler
Seconded by Alderman C. Weylie
That the report of the Planning & Economic Development Committee of this date be adopted.
Council agreed to the request of Alderman J. Ziegler to amend the Planning and Economic
Development Committee report of this date by adding clause 9. In this regard they were circulated
this date with a report and recommendation from Mrs. V. Gibaut dated October 13, 1992.
Voted on clause by clause.
Clause 4 - Action deferred and referred to a future meeting of
the Planning & Economic Development Committee.
Balance of Report - Carried.
Moved by Alderman G. Lorentz
Seconded by Alderman C. Zehr
That the report of the Community Services Committee of this date be adopted.
Moved by Alderman C. Zehr
Seconded by Alderman G. Lorentz
That the report of the Finance and Administration Committee of this date be adopted.
Balance of Report - Carried.
Carried.
Voted on clause by clause.
Clause 6 - Dealt with under Delegations and MOTION LOST.
Moved by Alderman J. Smola
Seconded by Alderman M. Wagner
COUNCIL M/NIXPES - 591 - OCTOBER 13, 1992
That the report of the Public Works and Transportation Committee of this date be adopted.
Carried.
Moved by Alderman M. Wagner
Seconded by Alderman T. Galloway
That the report of the Local Architectural Conservation Advisory Committee of this date be
adopted.
Carried.
Mayor D.V. Cardillo indicated that the City of Kitchener had won this year's "Twin Cities Award" for the
best municipal Oktoberfest Parade Float and is now tied with the City of Waterloo, with each municipality
having won three competitions. The efforts of Ms. Gina Holstead and Mr. Clare Pomeroy in constructing
the float were also acknowledged.
Council concurred with the request of Mr. R.W. Pritchard to add three by-laws for three readings this date
relative to an exemption of certain lots from Part Lot Control (Bankside Drive/Tamvale Crescent) and an
amendment to the Zoning By-law (Courtland Avenue East).
Moved by Alderman G. Lorentz
Seconded by Alderman C. Weylie
That leave be given the Mover and Seconder to introduce the following by-laws, namely:
(a)
Being a by-law to amend Chapter 630 of the City of Kitchener Municipal Code with respect
to Fences
(b)
Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding
By-law Enforcement
(c) Being a by-law to adopt Amendment No. 137 to the Official Plan
(d)
Being a by-law to amend By-law 85-1 to establish seven new Downtown Zones in the City
of Kitchener - No. 92/12/TC/JG
(e) To confirm all actions and proceedings of the Council
(f)
Being a by-law to exempt a certain lot from Part Lot Control - Part Block 36, Registered
Plan 1727 - Bankside Drive
(g)
Being a by-law to exempt a certain lot from Part Lot Control - Lot 32, Registered Plan 1730
- Tamvale Crescent
6. (Cont'd)
(h)
Being a by-law to amend By-law 4830 known as the Zoning By-law - A & E Dias and M & M
Cunha - Courtland Avenue East - No.90/44/CNL
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
D.V. Cardillo appointed Alderman J. Smola as chairman.
On motion the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the chair.
Moved by Alderman J. Smola
Seconded by Alderman G. Leadston
COUNCIL M/NIXPES - 592 - OCTOBER 13, 1992
That the proceedings and the recorded conflicts taken in the meeting of the Committee of the
Whole held this date, as attached hereto and forming part of these minutes be and the same are
hereby adopted and confirmed.
Moved by Alderman G. Lorentz
Seconded by Alderman C. Weylie
That the by-laws listed on the agenda for third reading, namely:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Carried.
Being a by-law to amend Chapter 630 of the City of Kitchener Municipal Code with respect
to Fences
(By-law No. 92-229)
Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding
By-law Enforcement
Being a by-law to adopt Amendment No. 137 to the Official Plan
(By-law No. 92-230)
(By-law No. 92-231)
Being a by-law to amend By-law 85-1 to establish seven new Downtown Zones in the City
of Kitchener - No. 92/12/TC/JG
(By-law No. 92-232)
To confirm all actions and proceedings of the Council
(By-law No. 92-233)
Being a by-law to exempt a certain lot from Part Lot Control - Part Block 36, Registered
Plan 1727 - Bankside Drive
(By-law No. 92-234)
Being a by-law to exempt a certain lot from Part Lot Control - Lot 32, Registered Plan 1730
- Tamvale Crescent
(By-law No. 92-235)
(Cont'd)
(h)
Being a by-law to amend By-law 4830 known as the Zoning By-law - A & E Dias and M & M
Cunha - Courtland Avenue East - No.90/44/CNL
(By-law No. 92-236)
be taken as read a third time, be finally passed and numbered serially by the Clerk.
COUNCIL M/NIXPES - 593 - OCTOBER 13, 1992
Carried.
On motion, the meeting adjourned.
...................................................................... Mayor Clerk
COUNCIL M/NIXPES - 594 - OCTOBER 13, 1992
REPORTS ADOPTED BY COUNCIL - OCTOBER 13, 1992
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE
1. That the following Adaptive Re-Use of Industrial Buildings Sub-Committee Terms of Reference be
approved,
TERMS OF REFERENCE
Mission
To take a pro-active role in the adaptive re-use of industrial buildings.
Mandate
To assist the owner or developer, in conjunction with other municipal committees, in the adaptive
re-use of the property.
Tasks
(a) Establish and maintain an inventory of vacant industrial buildings.
(b) On the advice of LACAC recognize the architectural and/or historical significance of such
buildings.
(c) Research projects in other communities which are successful conversion of industrial
buildings.
(d) Develop a network of potential investment interest.
(e) Encourage public/private sector partnerships.
(f) Involve Universities/Colleges in exploring concepts of adaptive re-use.
(g) Initiate programs of public awareness as they relate generally to the adaptive re-use of
industrial buildings.
Membership
Two Aldermen and staff representation from:
Economic Development Department
Planning (P & D)
Development (P & D)
CAO's office
Public Works (Engineering)
Two private sector developers
One planning consultant
Role and Function
The Adaptive Re-Use of Industrial Buildings Sub-Committee will report through the Planning &
Economic Development Committee.
Decisions of the Sub-Committee will be arrived at by consensus.
Report to Alderman J. Ziegler and Members of Planning and Economic Development Committee
2. That the following policies be adopted by City Council pertaining to emergency access and
COUNCIL M/NIXPES - 595 - OCTOBER 13, 1992
multiple unit identification:
A) EmerqencyAccess Requirements
1. Residential Subdivisions
That all cul-de-sacs, being one access streets, shall be permitted in plans of subdivisions subject
to the following criteria:
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
OCTOBER 13, 1992
1.1
The length of the cul-de-sac is defined as the distance measured from the property line of
the intersecting roads, along the centre line of the cul-de-sac to the farthest point of the
property line of the bulb.
1.2 The maximum length of a cul-de-sac shall be 300 metres.
1.3 Cul-de-sacs without an emergency access shall not exceed 150 metres in length.
1.4
Cul-de-sacs exceeding 150 metres in length shall require an emergency access leading to
a public road right-of-way within 150 metres of the dead-end.
1.5 There shall only be one emergency access per cul-de-sac.
1.6
Multiple residential located beyond 60 metres of the intersecting street requires an
emergency access located within 60 metres of such development.
1.7
Emergency accesses on temporary basis are subject to the same requirements as
permanent accesses.
2. Non-Residential Subdivisions
Cul-de-sacs in non-residential subdivisions shall be discouraged and shall only be permitted in the
case all alternate design possibilities have been determined to be unacceptable. If required, the
standards under Section 1. Residential Subdivisions shall apply subject to the specific
requirements listed below:
2.1 The maximum length of a cul-de-sac shall be 150 metres.
2.2 Cul-de-sacs without an emergency access shall not exceed 60 metres in length.
2.3
Cul-de-sacs exceeding 60 metres in length shall require an emergency access leading to a
public right-of-way within 60 metres of the dead end.
3. Multiple Residential Site Desi,qn
Multiple residential development, which includes more than three residential units, shall be
permitted to locate on cul-de-sacs subject to the following criteria:
3.1
Without an emergency access, the furthest distance of any point of the internal driveway in
any such development measured in a travelled vehicular line from the intersecting streets
shall be not greater than 150 metres and the driveway entrance into the residential
development shall not be further than 60 metres from the intersecting streets.
3.2
Any multiple residential development located on any public right-of-way other than a cul-de-
sac, where the furthest distance of the internal driveway network is not greater than 150
metres from its access to the road frontage, an emergency access shall not be required.
COUNCIL M/NIXPES - 596 - OCTOBER 13, 1992
3.3
Any multiple residential development located on any public right-of-way, other than a cul-
de-sac, where the distance from the public right-of-way to its furthest point in the
development complex is greater than 150 metres shall provide an emergency access or a
second means of access to any public roadway with said emergency access being located
in such a manner that the furthest distance of any internal driveway is not greater than 150
metres to the emergency access intersection on the public right-of-way.
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
OCTOBER 13, 1992
4. Design and Construction
All emergency accesses shall be designed and constructed to the following criteria:
4.1 That the maximum grade of any emergency access shall be 6%.
4.2
That the design and construction of the emergency access shall conform to the City of
Kitchener standard K.E.S. M71 and to the City's standard requirement for the chain and
bollard details to the satisfaction of the Commissioner of Public Works and Fire Chief.
4.3
Emergency access signs shall be located at both ends of the emergency access at the
owner's cost and to the satisfaction of the Director of Traffic and Parking Services and the
Fire Chief.
4.4
The construction of an emergency access must be completed prior to occupancy of any
unit in a multiple residential or non-residential development in relation to a site plan.
4.5
The construction of an emergency access must be completed prior to the issuance of any
building permit in a subdivision.
5. Maintenance
5.1
All emergency accesses located on private and public property shall remain clear from all
parked vehicles, obstacles and obstructions and must be maintained in a passable state at
all times in accordance with the following:
(a)
Snow accumulation shall be removed from all emergency accesses on public
property based on Class 3 classification under the quality standards for winter
maintenance activities by the Department of Public Works.
(b)
All emergency accesses designated as an Emergency Fire Routes on site plans
shall remain clear from all obstruction and shall be maintained in a passable state at
all times by the owner.
B) Multiple Unit Identification
1. Orientation Map
1.1
An orientation map sign shall be required by all multiple residential development excluding
apartments and streetfronting (linear) townhouses and shall be prominently displayed at
each entrance directly at a public thoroughfare.
1.2
All orientation map signs shall be posted prior to occupancy of any unit within the
development.
2. Layout, Identification and Visibility
COUNCIL M/NIXPES - 597 - OCTOBER 13, 1992
2.1
2.2
2.3
2.4
2.5
All orientation map signs shall be illuminated or use reflectoring letters and markings to be
visible at night.
All signs shall have white lettering and be displayed on a dark green background.
The sign shall identify the municipal address of the site in 50 mm (2 inch) block letters.
Each unit must be identified separately and clearly with 12.5 mm (half inch) numbers or
letters displayed on the orientation map.
All abutting public streets and emergency accesses shall be identified on the orientation
map.
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
OCTOBER 13, 1992
c)
D)
E)
F)
G)
2.6
The location of the Fire Department water connections and on-site hydrants and those in
close proximity to the site shall be displayed in red.
2.7
An identification "YOU ARE HERE" label shall be clearly identified at the point of entry on
the map and displayed in white letters on a red background.
2.8
All owners shall be required to obtain a Sign Permit from the Department of Planning and
Development.
2.9
All signs shall be approved by the City's Director of Development prior to issuance of any
building permit and erected prior to occupancy of any dwelling unit.
2.10
All signs shall be constructed of durable material by either the City of Kitchener's Traffic
Division or by the private sign industry, to City standards, at the owner's cost and be
maintained in a legible condition in perpetuity by the owner and updated if necessary.
That the City Solicitor be authorized to incorporate the applicable policies into the City's Standard
Form Residential and Industrial Subdivision Agreements pertaining to emergency access
and multiple unit identification policies as set herein.
That the Department of Public Works incorporate any applicable changes into its Subdivision
Manual pertaining to emergency access and multiple unit identification policies.
That these emergency access and multiple unit identification policies apply to all future Site Plan
Applications and Subdivision Applications that are received by the Department of Planning
and Development after approval of this policy by City Council.
That Section 736 of the City's Municipal Code be amended to incorporate the Multiple Unit
Identification policies applying to the erection of orientation map signs and that following
such amendment, the City require all property owners that have multiple residential
development, excluding apartments and streetfronting townhouses, erect orientation map
sign(s) at each driveway entrance on its land in compliance with the Multiple Unit
Identification Policies.
That the Regional Municipality of Waterloo be requested to amend its maximum 26 unit policy for
cul-de-sacs and, in the case of subdivision approval in Kitchener, that only the above
Emergency Access policies be applied.
That Zone Change Application 88/15/W/JG (769341 Ontario Limited) requesting a change in
zoning from Service Station (SS) and Semi-Restricted Residential (R2), according to By-law 4830
COUNCIL M/NIXPES - 598 - OCTOBER 13, 1992
to Convenience Commercial (C-1) with special regulation provisions, according to By-law 85-1 on
Part Lot 270, Registered Plan 375, Lots 18 and 20 and Part Lot 7, Subdivision of Lot Number 16 of
the German Company Tract, be approved, in the form shown in the Proposed By-law attached and
dated August 27, 1992, subject to the following conditions being satisfied prior to any readings of
the amending zoning by-law by Council.
To arrange for notification by letter from the Regional Municipality of Waterloo to the City's
Clerk, that all Regional requirements have been satisfied with respect to the proposed zone
change.
The Owner shall enter into an agreement with the City of Kitchener to provide off-street
parking facilities within 300.0 metre of the use, building or structure requiring such parking.
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
OCTOBER 13, 1992
The owner agrees to complete the new landscaped area, asphalt areas and concrete curb
areas as shown on the attached Site Plan to the satisfaction of the Director of
Development.
The Owner acknowledges that Condition 1, 2 and 3 is required to be satisfied no later than
seven (7) months from Council having approved by resolution, the amending zoning by-law
relative to the Zone Change Application 88/15/W/JG. In the event the requirements are not
fulfilled within the seven month period, Council shall consider rescinding its zone change
approval.
It is the opinion of this Committee that the approval of this application is proper planning for the
City.
That the Department of Planning and Development be directed to waive enforcement of the zoning
by-law with regard to use of 2209 Kingsway Drive for purposes of a bridal rental business, subject
to no formal complaints being received.
(ACTION DEFERRED AND REFERRED TO A FUTURE MEETING OF THE PLANNING AND
ECONOMIC DEVELOPMENT COMMITTEE.)
That Kitchener Council support an extension to the deadline of fulfilling conditions of approval for
Zone Change Application 90/44/CNL (Antonio & Emilia Dias & Manuel & Maria Cunha - 141
Courtland Avenue East) to December 31, 1992.
That Kitchener's City Council approve the property address change, for property assessment roll
number 6-16-021, from 4 Smetana Drive to 1421 Victoria St. N., to be effective November 1, 1992,
in the form shown in the Proposed By-law attached and dated September 8, 1992.
That consideration of staff report PD 96/92, 'Initiation of a Comprehensive Urban Design Study for
the City of Kitchener', be deferred and referred to the October 19, 1992 meeting of the Planning
and Economic Development Committee.
And further, that the Commissioner of Planning and Development be directed to update the
Committee on 1993 projects and required staff resources and present some options relative to
undertaking the Urban Design Study that would avoid/defray a $100,000 capital expenditure for
the retention of a consultant.
1. That the following Official Plan Amendments be approved for processing, it being
understood that such approval does not imply acceptance or rejection of the applications:
COUNCIL M/NIXPES - 599 - OCTOBER 13, 1992
(a)
(b)
(c)
(d)
(e)
(f)
Official Plan Amendment 92/14 - King Street East Secondary Plan Phase 2
Official Plan Amendment 92/15 - Amendment to Cedar Hill Secondary Plan for
Stage 6
Official Plan Amendment 92/16 - Amendment to Central Frederick Secondary Plan
for Stage 6
Official Plan Amendment 92/17 - Amendment to Victoria Park Secondary Plan for
Stage 6
Official Plan Amendment 92/18 - Amendment to K-W Hospital Secondary Plan for
Stage 6
Official Plan Amendment 92/19 - Amendment to Victoria Street Secondary Plan for
Stage 6
That the 'Timetable' for the Comprehensive Zoning By-law be revised in accordance with
the Schedule attached to staff report PD 101/92 as Appendix "A" dated September 1992.
COUNCIL 1VHNIYFES - 600 - OCTOBER 13, 1992
That it be confirmed that the purchase price of Site 8 in the Lancaster Corporate Centre, sold to
A.C.I. Adjusters Canada Incorporated (981495 Ontario Limited), includes all City of Kitchener
development charges for a building to a maximum of 19,000 square feet.
COUNCIL M/NIXPES - 601 - OCTOBER 13, 1992
COMMUNITY SERVICES COMMITTEE
OCTOBER 13, 1992
That the Kitchener Waterloo Art Gallery and the Homer Watson House Foundation be requested
to form a sub-committee of staff and board members together with a member of Council to
examine the potential for closer co-operation in administering both organizations and minimize
their joint request to the City for financial support, and further;
That this sub-committee report back to Council by March 31, 1993.
That consideration of including MacLennan Park in the Parks & Recreation Leisure Facilities
Master Plan be deferred until such time as a report is received from Mr. J. Wallace, City Solicitor.
FINANCE AND ADMINISTRATION COMMITTEE
That the request of Conestoga College for a pledge from the City in the amount of $1,250,000.00
as a contribution toward the Conestoga College Campaign, as outlined in a letter from Messrs. J.
Beingessner and G. Egoff dated October 1, 1992, be referred to the 1993 budget process for
consideration.
That subject to the provision of capital funding from the Ministry of Transportation, $570,000.00 be
added to the Transit Division's 1993 Capital Budget for the acquisition of a Cashless Fare System.
That Council approve an overexpenditure in the Fire Department 1992 Capital Budget (General
Provision for Maintenance and Upgrade) of approximately $160,000.00 for the inspection and
repair of aerial ladder trucks as outlined in the memorandum of Fire Chief J. Hancock dated
September 28, 1992, and further,
That the Department report to Council in this regard via the tendering process.
That subject to the negotiating of satisfactory terms and conditions, Sierra Consultants Inc. be
awarded the contract to develop a new Utility Management System and a new Tax Administration
System at a cost of $1,500,000.00.
That Council extend the term of Mr. Peter Bridgewater, Kitchener's representative on the K-W
Hospital Commission, until such time as Provincial legislation is enacted relative to changes in
local representation on the Commission.
That no action be taken on the request of the Lion's Club of Kitchener for permission to sell Break-
Open (Nevada) Tickets during Oktoberfest from their Festhall located at Queensmount Arena.
(DEALT WITH UNDER DELEGATIONS AND MOTION LOST)
That the Manager of Licensing be directed to issue a Hawkers and Pedlars Licence to Mr. Dennis
M. Cooper.
That the report of Mr. T. McKay, Chief Administrative Officer, dated September 28, 1992
concerning allegations made by Mr. J. Ross regarding Building Division staff be received as
information.
PUBLIC WORKS AND TRANSPORTATION COMMITTEE
That construction of the Sydney Street sewer, being Stage 1 of Phase 5 of the Schneider Trunk
Sewer Project be commenced in the Spring of 1993.
That parking be prohibited on the west side of Palmer Avenue from Courtland Avenue to 116
metres south thereof, and further,
That the Uniform Traffic By-law be amended accordingly.
3. That a stop control be installed at the following location: Dunbar Road at Brandon Avenue, and
COUNCIL M/NIYFES - 602 - OCTOBER 13, 1992
further,
That the Uniform Traffic By-law be amended accordingly.
LOCAL ARCHITECTURAL CONSERVATION
ADVISORY COMMITTEE
OCTOBER 13, 1992
That a Designated Property Grant under the Preserving Ontario's Architecture Program for 50% of
eligible costs, up to a maximum of $3,000.00, be approved for 73 Heins Avenue/150 Water Street,
and be used to relead selected windows and perform structural work as outlined in the owners'
application and attachments dated October 7, 1992, and further,
That the grant be awarded conditional upon all original receipts being submitted to the Clerk's
Division no later than December 31, 1992.
COMMITTEE OF THE WHOLE MINUTES
OCTOBER 13, 1992
A. 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."
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER
1 .Execution of Final Release
It was resolved:
"That the Mayor and Clerk be authorized to execute a Final Release Form for damages totalling
$95.00 in connection with the cleaning of carpets at the Bridgeport Municipal
Building, 8 Bridge Street, Kitchener, which was required as a result of a sewage
backup which occurred on or about April 23, 1992."
2. Renewal of Warning Siren Agreements
It was resolved:
"That the Mayor and Clerk be authorized to execute renewals of licensing agreements with Her
Majesty the Queen in right of Canada as represented by the Ministry of National
Defence with regard to the installation and maintenance of sirens on lands owned by
the City situated:-
at 150 Highland Road West;
at the southwest corner of Lancaster and Guelph Streets;
each for a period of five (5) years commencing on the 1st day of June, 1991; and
at East Avenue and Borden Avenue;
at King Street (now Kingsway Drive) and Eighth Avenue;
each for a period of five (5) years commencing on the 1st day of January, 1992."
3. Discharge of Mortgage - SOUTH WARD
It was resolved:
"That the
Mayor and Clerk be authorized to execute a Discharge of Mortgage from Freure
Developments Limited to the City on Part of Lot 46, German Company Tract
designated as Part 1, Plan 58R-7873. The City Solicitor is authorized to prepare
any documents necessary."
4.Contract - Completion of Services - FOREST WARD
It was resolved:
"Subject to the approval of the Contract by the City Solicitor and the Commissioner of Public Works,
the Mayor and Clerk be authorized to execute a contract with J.G. Goetz
Construction Limited for the completion of various phases of servicing in the
Westview Heights Subdivision, Registered Plan 1542."
COMMITTEE OF THE WHOLE
MINUTES
OCTOBER 13, 1992
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D)
5.Licenses
a)Canadian Mental Health Art Auction
It was resolved:
"That the $1.00 Charitable licence fees apply to the Hawkers and Pedlars and Auctioneer's licences
required by the Canadian Mental Health Association for their Art Auction to be
held on November 6, 1992."
b)Owl Child Care Services of Ontario
It was resolved:
"That the Owl Child Care Services of Ontario, 1601 River Road East, Kitchener, be granted a Raffle
Lottery Licence for a penny sale and raffle on November 17, 1992."
6. Tenders
It was resolved:
"That tender T92-68, Three 5,216 kg (11,500 lb.) G.V.W. Dual Rear Wheel Mini Buses to be used for
the purpose of Specialized Transit Services, be awarded to Bahn Mobility
Corporation, Kitchener, at their tendered price of $154,059., plus optional AM/FM
radio and applicable Provincial Sales Tax and the G.S.T."
- and -
"That tender T92-76, Sportsworld Drive Sanitary Sewer Construction, be awarded to County Sewer
and Watermain of St. Jacobs, Ontario at their tendered price of $71,027.00 which
includes G.S.T. of $4,646.03."
- and -
"That tender T92-79, Stirling Avenue and Greenbrook Drive Culvert Replacement and Trunk
Sanitary Sewer, be awarded to Kast Construction Limited of Brantford, Ontario at
their tendered price of $1,127,579.18 which includes $73,766.86 G.S.T."
7.Offer to Sell
It was resolved:
"That the City accepts the offer dated September 29, 1992 from Sandra Spring Park Limited to sell to
the City part of Lots 121 and 123, German Company Tract (Part 2 and part of Part 3,
Plan 58R-4222) for the sum of $45,000.00 for the purposes of the Kolb Drain."
