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HomeMy WebLinkAboutCouncil Minutes - 1992-09-21COUNCIL\1992-09-21 COUNCIL MINUTES SEPTEMBER 21, 1992 The Council of the Corporation of the City of Kitchener met this date with all members present following the conclusion of its special meeting held earlier. Prior to considering acceptance of the August 17 Council minutes, Council agreed to a request that the last paragraph on page 478 be amended to read "70% on Test No.1 and 82% on Test No.2" rather than the 78% and 80% indicated therein. On motion by Alderman G. Leadston, the minutes of the regular meeting held August 17, 1992, as amended this date, were accepted. The Council meeting had commenced with the playing of "O Canada" by several members of the Kitchener Musical Society Band, which had earlier performed musical selections from 6:30 p.m. to 7:00 p.m. in the lower lobby of City Hall. Mr. Paul Schalm, Musical Director and Mr. Harry Janke, member, on behalf of the Band, appeared as a delegation to express their thanks for Council's recent financial assistance. A. Communication - referred to Committee of the Whole (1) Letter dated August 16, 1992 from Mr. R.W. Pritchard, Commissioner of General Services & City Clerk to Members of Council relative to applications for cancellation, refund, reduction or levy of taxes. Mayor D.V. Cardillo called on Alderman J. Ziegler to present certificates on behalf of the Laubach Literacy of Canada to the following City staff: Leanne Moses (Senior and Masters Certificate) and Dianne Robertson (Senior Certificate) with regard to their involvement in this program. Ms. Kathy Egerdeen- Leidy, who was not a City employee but has participated in the program under the auspices of the City was unable to attend the meeting to receive her Senior Certificate. It was noted in the agenda that on August 19, Acting Mayor J. Ziegler had accepted an award to the City for outstanding service from Mr. Roy Batstone, President, Laubach Literacy of Canada. Mayor D.V. Cardillo advised that there were several delegations in attendance with respect to Committee of Adjustment recommendations listed under Item B.10 of the Committee of the Whole agenda of this date. Moved by Alderman G. Leadston Seconded by Alderman G. Lorentz "That the decision of the Committee of Adjustment sitting as Standing Committee of City Council, of August 25, 1992, recommending approval of Submission No. S 6/92 - K-W Oktoberfest Inc. and Submission No. S 7/92 -Voisin Developments Limited - Be Ratified and Confirmed." Carried. Moved by Alderman G. Leadston Seconded by Alderman G. Lorentz "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of September 15, 1992, recommending approval of Submission No. S 8/92 - Ottawa-River Developments Inc. - Be Ratified and Confirmed." Carried. Moved by Alderman G. Leadston Seconded by Alderman G. Lorentz "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of August 25, 1992, recommending approval of Submission No. F 2/92 - Mitch and Sharon Downey - Be Ratified and Confirmed." Carried. COUNCIL M/NIYFES - 506 - SEPTEMBER 21, 1992 Ms. Maryann Crnekovic attended the meeting on behalf of Ivan and Dragica Crnekovic with respect to clause 5 of the report of the Planning and Economic Development Committee arising from the Committee's September 14 meeting to support the recommendation relative to 3211 and 3217 King Street East. Moved by Alderman C. Weylie Seconded by Alderman T. Galloway That clause 5 of the report of the Planning and Economic Development Committee of this date (September 14, 1992 meeting) be adopted. Carried. For the record, Alderman J. Ziegler had inadvertently moved the above recommendation, seconded by Alderman C. Weylie while the delegation was present. At the Planning and Economic Development Committee meeting held September 14, 1992, Alderman J. Ziegler had disclosed a conflict of interest and abstained from all discussion and voting on this matter. He advised that he wished to retract his motion and officially disclose a conflict of interest and abstention from all discussion and voting, as his property is located within the circulation area of the subject property (3211 and 3217 King Street East). Clause 5 was then moved by Alderman C. Weylie and seconded by Alderman T. Galloway as indicated above. Mayor D.V. Cardillo advised that several delegations were present with regard to clause 3 of the Report of the Planning and Economic Development Committee arising from its September 14 meeting. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie That clause 3 of the report of the Planning and Economic Development Committee of this date (September 14, 1992 meeting) be adopted. Carried. Mr. Jake Smola appeared as a delegation with respect to Firefighter Hiring Procedures and Employment Equity Goals. He indicated that his purpose was to address future aspects of these matters. Mr. Smola stated that he was pleased with the consideration that the Finance and Administration Committee had given these matters at its meeting on September 14. With regard to future hiring of firefighter applicants, he advised that his group, People Promoting Equal Treatment for Employment, recommends that all recent applicants who scored over 70% on the first test and 82% on the second test, advance to the physical testing stage and that those passing the physical test, proceed to the interview stage to determine who could be added to the waiting list to fill firefighter vacancies in 1993. With this approach, he pointed out that the expense of a recruitment drive would be avoided in the short-term and not be necessary until 1994. In regard to the matter of Employment Equity, he noted that the Employment Equity function came into being in July, 1987 with specified goals, some of which deal with visible minorities and disabled persons. However, he pointed out that the City does not appear to have a definition of what constitutes a visible minority or disabled. Further, he noted that the City has a policy regarding an Outreach Program to these target groups but that the City was without its Employment Equity Officer in the middle of its recruitment drive to assist with these matters. Mr. Smola then proposed a number of ideas on how the Outreach Program could be improved with the objective of encouraging target groups to apply for available positions. He also made suggestions with respect to testing procedures and recommended that physcial testing be done locally. In response to a claim that the City had violated Employment Equity Legislation and Human Rights Legislation, Alderman C. Zehr advised that the Mayor had written to the Premier of Ontario, who in a response dated September 8, had disclaimed any support of the interpretive approach of facts taken by Mr. Smola. Alderman T. Galloway questioned if Mr. Smola knew what level of interest previous firefighter applicants would have if a re-testing procedure was agreed to. Mr. Smola indicated that 65 out of 75 individuals, that he was aware of, would be interested in that approach which could then become the hiring process for 1993 vacancies. COUNCIL 1VHNIYFES - 507 - SEPTEMBER 21, 1992 In response to Alderman M. Wagner, Mr. Smola agreed that: in the past target groups had been under-represented, in the past very little had been done to address this under-representation, and that something should be done to address this under-representation. In response to Alderman G. Leadston, Mr. R. Freeborn confirmed that the City had paid $1,200 for gymnasium space for firefighter applicants to write the required exams and that the cost primarily was related to labour for setup, take down and cleanup. Mr. Freeborn responded to further questions dealing with psychological testing, physical testing and the medical assessment test and to the suggestion that these matters be a condition of application and/or employment which could be considered. Mr. Freeborn advised that the City recruits firefighters on an annual basis for its standby list of applicants and that under the usual practice, the current standby list would be terminated in May, 1993. Alderman John Smola requested that the hiring suggestion of Mr. Smola be considered as well as a confidential applicant numbering system that would allow for public posting of testing results. Alderman T. Galloway referred to the number of ideas presented by Mr. J. Smola with respect to the application/testing process and expressed concern that if the City was to wait for a decision on outstanding complaint with the Human Rights Commission, that the City would be already involved in another full scale hiring process without the present matter having been reviewed. Mr. R. Freeborn responded that if the staff had not heard anything from the Human Rights Commission in the near future, a recommendation would be made that a committee be established to address this matter. Mr. Steve Hinschberger, 34 Kelvin Avenue, appeared as a delegation further to his presentation at the August 17, 1992 Council meeting concerning the hiring practices for firefighters. He again questioned Council actions as referenced in the August 17 meeting concerning hiring based on merit which he felt represented contrary positions. In summary, Mr. Hinschberger stated that people have been discriminated against with regard to the firefighter hiring procedure and advised that as of last week, his complaint with the Human Rights Commission had been served on the City of Kitchener. Alderman M. Wagner commented that the intent and actions of the City was to make an unfair situation fair. Alderman J. Ziegler commented that the City had an opportunity to avoid a Human Rights Commission investigation and should be making every effort to correct its previous actions. Accordingly, he was in favour of a re-testing procedure. Moved by Alderman J. Ziegler Seconded by Alderman G. Leadston That the City contact recent unsuccessful firefighter applicants to determine if they would be interested in being re-tested for 1992. (MOTION LOST). Alderman G. Leadston pointed out that City Council had strived for fairness with regard to the firefighter hiring and questioned the cost of re-testing procedure. He requested that Mr. R. Freeborn investigate the possibility of conditional requirments being obtained by the applicants at their cost and submit a report in that regard. Mr. Kirk Walker, President, Waterloo Region REACT, appeared as a delegation to accept a congratulatory plaque to commemorate REACT's 20th anniversary, 1992 on behalf of the Cities of Kitchener and Waterloo. For the information of City Council, a brief history of the REACT service was appended to the agenda. The Mayor then advised that the recommendation with regard to Tender T-92-60 for the supply of parking equipment which was listed as Item B.9(a) of the Committee of the Whole Agenda would be dealt with at this time. Moved by Alderman J. Ziegler Seconded by Alderman G. Lorentz COUNCIL M/NIXPES - 508 - SEPTEMBER 21, 1992 That tender T92-60, Parking Equipment, be awarded to Canadian Parking Equipment Ltd., Toronto, at their tendered price of $232,900., plus optional infrared card readers ($11,000.) and G.S.T. Carried. Following the vote, Mr. Harold Duerhammer, 6760 Davand Drive, Unit 1, Mississauga representing Syscorp Innovations, Mississauga, questioned why his firm had not been recommended since Syscorp had the lowest tendered price of three bids that were submitted. In response to the matter of delivery time, Mr. Duerhammer indicated that Syscorp had never suggested a fourteen week delivery time. Mr. D. Snow referred Council to the memorandum from Mr. J. McBride, attached as information to the memorandum from the Director of Purchasing, containing a recommendation relative to the tender. Mr. Snow advised that a number of items in the specifications that were not in the various tenders raised the corrected prices to the point that Syscorp Innovations Inc. was $7,000 less than Canadian Parking Equipment Ltd.. However, itemized in Mr. McBride's memorandum, were some aspects of the Iow bid submitted by Syscorp which caused concern, being: the software proposed (Datapark) for inclusion with the City system has never been used with all related pieces of equipment, lengthy installation period, availability of replacement equipment and parts, servicability of equipment and the technological level of mag stripe (swipe) technology as compared to an infrared card reader. Mr. Snow advised that staff had tested the equipment of both firms, talked to users and come to the conclusion that the equipment of Canadian Parking Equipment would best meet the needs of the City. Mr. Clement advised that it has not been a practice to send out background information relative to recommendations since Council has from time to time changed the recommendation. It was Alderman Lorentz's view that the information should be sent out so that everyone had a clear understanding of the rationale. Moved by Alderman G. Lorentz Seconded by Alderman J. Ziegler That as part of the City's tendering procedure subsequent information concerning the staff recommendation be sent to all bidders only in the case where the lowest bidder was not being recommended. Carried. It was indicated that a delegation had been registered to make a presentation on the Highway 7 Planning Study (Kitchener to Guelph) which was heard on September 14, 1992 by the Planning and Economic Development Committee. In the absence of the delegation, Mr. D. Snow advised that open houses relative to the Highway 7 Planning Study were being held on Wednesday, September 30, 1992 from 4 p.m. to 9 p.m. at the Breslau Public School and on Thursday, October 1, 1992 from 1 p.m. to 5 p.m. and 7 p.m. to 9 p.m. at the Guelph Steel Workers Centre, 89 Dawson Road, Guelph. Mr. Snow then referred to the question of closure of Heritage Drive and a public information meeting in that regard at the Grand River Collegiate. Alderman J. Ziegler commented that residents object because it looked like a political announcement rather than a public meeting. It was pointed out that the City was not legally bound to close Heritage Drive and given that original plans were so old, the City may wish to reconsider all of the potential effects on the community resulting from the proposal to close Heritage Drive. Mr. Al Barron appeared as a delegation on behalf of Mr. G. Olinskie, 807 Zeller Drive, regarding the flooding of Mr. Olinskie's property from Idlewood Creek. Alderman J. Smola disclosed a conflict of interest and abstained from all discussion on this matter as he is employed by Mr. W. Ferguson who is acting as a consultant for Mr. Olinskie. Mr. Barron referred to his letter of August 26, 1992 and an undated letter received September 16, 1992 which were both attached to the Council agenda. He advised that Mr. Olinskie's property extended from the mouth of Idlewood Creek where it meets the Grand River and that Idlewood Creek flows through the property. He stated that Mr. Olinskie's problems began when the Lackner Subdivision was developed upstream and pointed out that there was no storm sewer system to accommodate flow arising from the developments and that a ponding solution does not work. He indicated that the water flow was eight times the previous flow prior to subdivision development. Mr. Barron stated that the problem remains inspite of the City's efforts with regard to this matter. Further, he noted that recent flooding was videotaped and that this condition depreciates the value of his client's property. Accordingly, he proposed that the only solution was either the City or developer purchase his property or that the City COUNCIL M/NIXPES - 509 - SEPTEMBER 21, 1992 insist that all developments upstream be serviced with storm sewers and if such was the case, Mr. Olinskie was willing to withdraw his objections to ongoing zone changes. Alderman C. Zehr advised that he had met several times with Mr. Olinskie and Mr. Ferguson to address the zone change objection and the flooding issue. He commented that no system would accommodate the extreme flooding conditions that occur occasionally and pointed out that Council had resolved to commit itself to the remedial action plan at the July 13 Council meeting. Alderman Zehr stated that he believed the remedial plan outlined by Paragon Engineering Limited would address the problem. Further comments were made by members of Council touching on purchase by the municipality or by the developer, the remedial plan and the City's commitment to resolve the problem and a storm sewer system and its cost in upstream subdivisions and the fact that parts of the remedial plan would be put into place regardless. Moved by Alderman C. Zehr Seconded by Alderman J. Ziegler That we decline the offer to negotiate acquisition of the lands owned by George and Alta Olinskie and municipally known as 807 Zeller Drive, Kitchener. Carried. Alderman J. Smola previously disclosed a conflict of interest and abstained from all discussion and voting as he is employed by Mr. W. Ferguson who acts as a consultant for Mr. Olinskie. Moved by Alderman J. Smola Seconded by Alderman M. Wagner That clause 2 of the report of the Public Works and Transportation Committee of this date be adopted. Alderman C. Weylie advised that she was opposed to the recommendation as there was no reference in the recommendation that the firm would be charging for the service and such numbering program would be more appropriate if it was placed on dwellings rather than the curb. Alderman T. Galloway stated that he was opposed as citizens may be tempted to do their own painting of numbering on their curbs and that this could result in remedial cost to the City. Aisc he noted that where maintenance crews might affect existing curb numbering, the question as to who was responsible for replacement of the numbering was not addressed. Alderman Smola's motion was then considered and a recorded vote requested. In Favour: Yantzi, J. Lorentz. Mayor D.V. Cardillo and Aldermen M. Wagner, M. Smola, G. Leadston, C. Zehr, J. Ziegler, and G. Contra: Aldermen B. Stortz, T. Galloway and C. Weylie. Carried. Mr. Peter Matthews, Vice President, Property Management and Development, The Valhalla Companies Ltd., appeared as a delegation with regard to the request made by the Planning and Economic Development Committee at its August 12 meeting that the Valhalla Inn supply a Shadow Cast Study to City Council of the effect on Market Square if four storeys were added to the King Street frontage of the Valhalla Inn. He pointed out that while the original request was for four additional floors, after lengthy discussion it was found that it would be more practical to 3roceed with just three storeys and that the Shadow Cast Study was done on that basis. Mr. T. McCabe commented that it was the view of the Planning staff that three storeys was appropriate at the outset. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie That reference in clauses 3 and 9(B)3 of the report of the Planning and Economic Development Committee of its August 12 meeting be amended to a three storey addition on top of the Valhalla Inn rather than a four storey addition. COUNCIL 1VHNIYFES - 510 - SEPTEMBER 21, 1992 Carried. Mr. Adam Zasada appeared as a delegation with regard to Council's approval on July 13, 1992 of revision of Condition 65 of the Plan of Subdivision for Vace Farms Limited in Hidden Valley that allowed for the issuance of fifteen building permits for homes within the Subdivision without the provision of a mandatory secondary access. Mr. Zasada pointed out that area residents were not notified of the proposed change and that the decision was contrary to policy requiring secondary access and contrary to Planning staff recommendations. He questioned who would assume the cost of completing the Wabanaki Drive Extension if the developer went bankrupt and commented that Council's handling of the issue was unprofessional and unethical. Alderman J. Ziegler stated that he had not opposed the request given the fact that the width of Goodrich Drive was acceptable, there was a possible emergency access across Motz Park and that the change was considered minor and did not affect overall development of the subdivision plan. Mr. Robert Diermair, 204 Benesfort Cr., also appeared as a delegation with regard to the fifteen building permits issued for dwellings in Hidden Valley. Mr. Diermair stated that the issue of concern should be safety of residents living in Hidden Valley given that a secondary access was lacking for emergency purposes. Further, he noted that development would degrade the ecosystem and that all of the proposed properties require septic systems that had the potential to contaminate the Grand River near to the point of the intake for the Trussler Water Recharge System. He stated that he and others were prepared to undertake physical action to block development through non-violent civil disobedience. Alderman C. Zehr pointed out that the fifteen building permits were available, but that more importantly decisions respecting approval of the subdivision had already been made and the appeal process completed. Mr. Diermair stated that he recently learned about ground water contaminants and would like to see a motion for reconsideration that would prohibit the homes from utilizing a septic system. Alderman C. Weylie commented that when the issue was discussed at the Region, the developer had advised that most of the available lots had been sold and Mr. A. Klassen advised that the tenders for Wabanaki Drive construction had been let and that building of Wabanaki Drive Extension would proceed after the fifteen building permits were issued. Mr. Bruce Lackenbauer appeared as a delegation with respect to the Downtown Official Plan Amendment and Zone Change and advised that all issues with respect to the St. Jerome's property at 100 Duke Street were resolved and the congregation was in agreement with the recommendations agreed to at the August 12 special Planning Committee meeting. These matters were referred to in clauses 1, 6, 8 and 9 of the report of the Planning and Economic Development Committee of its August 12 meeting. At this point, reference was made to Planning and Development Staff Report PD.98/92 which proposed revisions to resolutions arising out of the August 12, 1992 meeting. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie That clause 4 of the report of the Planning and Economic Development Committee (August 12, 1992 meeting) be amended so as to add "or D-2 zone" following reference to the "D-1 zone". And further, that a corresponding change be made to clause 9(B)4. And further, that clause 8, section V. 1.3.4 "Office District" be revised by deleting the final sentence of the final paragraph and replacing it with the following: 'In order to promote the conversion of the building and retention of these features, a theatre will be permitted in existing buildings only and a limited amount of small retail shall also be permitted on the property.' Carried. Mr. B. Lackenbauer advised that the recommendation of the Planning and Economic Development Committee respecting the St. Jerome's property was also linked to a recommendation of the Local Architectural Conservation Advisory Committee to be considered this date pertaining to designation. Alderman M. Wagner advised that he would introduce the Local Architectural Conservation Advisory Committee report and pointed out that recommendation No.2 of the report dealing with a designated COUNCIL M]NIXPES - 511 - SEPTEMBER 21, 1992 property grant under the Preserving Ontario Architecture Program has an impact on the reuse of other large buildings such as the St. Jerome's property. 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. Mr. P. Britton appeared as a delegation representing the Kaufman property, 400 King Street West, in regard to clauses 5 and 9(B)5 of the report of the Planning and Economic Development Committee (August 12, 1992 meeting) to advise that they were in concurrence with the Committee recommendations. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie That clause 5 and clause 9(B)5 of the report of the Planning and Committee of this date (August 12, 1992) meeting be accepted. Economic Development Carried. Messrs. Norbert Maerz and Joe Pankarican were in attendance with respect to the Planning and Economic Development Committee recommendation (August 12, 1992 meeting) and subsequent discussions that had been held with Planning staff pertaining to the designation and zoning of their property and alternatives in that regard. Alderman B. Stortz again referred to Planning and Development staff report PD.98/92 and the alternative that staff had suggested Council may wish to consider with regard to the lands considered an extension of Market Village. Moved by Alderman B. Stortz Seconded by Alderman G. Leadston That clause 9(B)8 be added to clause 9 of the Planning and Economic Development Committee report (August 12, 1992 meeting) to provide for revision of the zoning of that part of Market Village, north of Duke Street from the proposed D-3 zone to Commercial Residential D-5 zone with a special use provision permitting retail in existing buildings or buildings meeting the D-3 regulations. Further, that clause 8, section V 1.3.3. "Market Village" be amended to delete reference to this area in Policy 1.3.3. And further, that clause 8, section V 1.3.5 "Commercial Residential" be amended to add the following as the second last paragraph of Policy 1.3.5.: "In the area of Wilton Place and the east side of Scott Street, in order to allow for the extension of retail use from Market Village, retail shall be permitted either in existing buildings or buildings of a similar scale". Carried. Moved by Alderman J. Ziegler Seconded by Alderman B. Stortz That clause 9(B)9 be added to clause 9 of the Planning and Economic Development Committee report (August 12, 1992 meeting) as an amendment to provide that the "proposed by-law" dated August 6, 1992, as revised, be revised by adding the following section thereto: This by-law shall come into effect only upon the approval by the Minister of Municipal Affairs, or his designate, of Official Plan Amendment No.__ (Downtown Land Use Policies) but, upon such approval, the provisions hereof affecting such lands shall be deemed to have come into force on the date of passing thereof." Carried. COUNCIL M/NIYFES - 512 - SEPTEMBER 21, 1992 Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie That Council consider the changes to clause 9(B)3 and clause 9(B)4 and the addition of new changes referenced as clause 9(B)8 and clause 9(B)9, to the by-law as minor in nature and not require any further notice to be given prior to the passing of the proposed by-law for Zone Change Application ZC 92/12/TC/JG. Carried. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie That clauses 1, 5, and 6 and 8 (as amended) and 9 (as amended) of the report of the Planning and Economic Development Committee (August 12, 1992 meeting), be adopted. Carried. Mr. John Ross appeared as a delegation further to his attending the September 14 meeting of the Finance and Administration Committee, regarding what he described as mis-deeds within the City's Building Division. Mr. Ross noted that at that meeting it had been requested that his additional information as to other complaints in his original letter be submitted to the City Clerk on September 15, 1992. He advised that instead he chose to keep the information until now. Mr. Ross stated that his information was still not complete but commented on the following matters. Firstly, he read a letter to the editor (September 15, 1992) from Barbara MacDonald regarding 61 Sabrina Crescent respecting approvals given despite the dwelling lacking hot water, having a 15 foot cliff in the backyard and lacking proper gas-proofing between the garage and the house. Secondly, he referred to an incident involving a local renovation contractor who had quoted on a bid in which he included barrier free design in a commercial structure but that building officials after being approached by the owner accepted an alternative design which resulted in the contractor being under bid by $8,000. Mr. Ross repeatedly refused to identify the contractor and location of the property; however, Mr. Jake Smola advised that he was the contractor who lost the bid for renovation of Bill's Variety Store, 800 Victoria Street North. Thirdly, he referred to a duplex dwelling built on Misty Street without a permit being issued in March, 1992. He could not identify the property but noted that at that time, there was only one house on Misty Street. Also he indicated that an occupancy inspection was not carried out. He stated that he had visited the contractor working on the property with Rick Trafford, a City Building Inspector. Fourthly, Mr. Ross commented on the drinking issue of Thursday, April 16, 1992 which he had recently brought to the City's attention. Alderman C. Zehr advised that the reason the Finance and Advisory Committee had requested that he provide what further information he had, was because it was their intent to have a response to these complaints at this meeting and that in order to do so, it was necessary to have the facts to allow for investigation. He indicated that the City would follow up on the comments Mr. Ross had made this date, but commented that it was grossly unfair for him to make partial allegations in public without providing detailed information. In response to Alderman Zehr, Mr. Ross advised that the drinking incident began at approximately 11 a.m. and noted that a number of individuals from the Building Division were there including L. Balfour, H. Ritter, R. Trafford and Mike Seiling and that they had all left at about the same time late in the day. Alderman C. Zehr advised Mr. Ross that the City had taken his complaint seriously and investigated and that Council was in receipt of a report and documentation from staff of the names of staff who were at the restaurant. The report indicates that most of the staff involved were at a meeting at City Hall until approximately 12:30 and did not reach the restaurant until 12:45 or 1:00 p.m. not 11:00 a.m. as claimed by Mr. Ross and that most had then left the restaurant to attend to inspection duties after lunch. He advised that the documentation was attached. Mr. Ross commented that the report must be a coverup on the part of the staff and Alderman Zehr responded that that the matter has been investigated and that independent verification has been received as well as a double check made of the information provided. He stressed that the individuals involved were in fact in attendance at City Hall with fire prevention officials at the time that Mr. Ross contended they were at the restaurant. Further, he advised that inspection notes of inspectors for that day are attached to the report to Council and pointed that out that what was true was that there was in fact a function that was attended by City staff but not within the times that Mr. Ross alleged. Alderman Zehr advised that as a result of the incident, a directive has gone out to staff that no alcohol is to be accepted from anyone offering it and that Council will investigate all the COUNCIL M/NUTES - 513 - SEPTEMBER 21, 1992 remaining information he is providing. Mr. Ross mentioned the threat that he had received by telephone and commented that he had an unlisted number known only to family, friends and City officials and suggested an obvious conclusion could be drawn. Alderman C. Zehr asked Mr. Ross if he had now presented all the information he intended to provide with respect to his allegations. Mr. Ross responded that he had nothing more in this regard. Mr. Austin Beachey appeared as a delegation on behalf of the Tax Watch organization to request that the City set up an independent enquiry of activities in the City's Building Division in light of the complaints and allegations that have been made. Moved by Alderman C. Zehr Seconded by Alderman B. Stortz That a report to be prepared of the results of investigations in the City's Building Division be made public. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie Carried. 3. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie That the report of the Planning and Economic Development Committee of Council (August 12, 1992 meeting) of this date be adopted. Voted on clause by clause. Clause 1, 5 & 6 - Dealt with under Delegations and Carried. Clauses 3, 4, 8 & 9 - Dealt with under Delegations and Carried, As Amended. Balance of report - Carried. Alderman B. Stortz advised Council that he wished to publicly commend Messrs. T. McCabe and J. Wilmer and Ms. J. Given for an outstanding job with respect to the Downtown Official Plan Amendment and Rezoning. 4. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie That the report of the Planning and Economic Development Committee of Council (September 14, 1992 meeting) of this date be adopted. Voted on clause by clause Clauses 3 & 5 - Dealt with under Delegations and Carried. Balance of Report - Carried. 5. Moved by Alderman C. Zehr Seconded by Alderman B. Stortz That the report of the City Hall Steering Committee of this date be adopted. Carried. Carried. That the report of the Planning and Economic Development Committee of Council (July 13, 1992 meeting) of this date be adopted. COUNCIL M/NIXPES - 514 - SEPTEMBER 21, 1992 Moved by Alderman G. Lorentz Seconded by Alderman B. Stortz That the report of the Community Services Committee of this date be adopted. Alderman G. Lorentz advised that he wished to amend clauses 4 & 5. In respect to clause 4 he asked that "from the Kitchener-Wilmot Hydro" be deleted with regard to receipt of a de- commissioning report. In respect to clause 5 he asked that "That subject to receiving a de- commissioning report from the Kitchener-Wilmot Hydro, to the satisfaction of the City of Kitchener" be deleted and that the balance of the resolution as written remain. On motion by Alderman G.Lorentz, seconded by Alderman B. Stortz, Council concurred to the requested amendments. Further, Alderman Lorentz advised that he wished to further amend the report to introduce two additional clauses. On motion by Alderman G. Lorentz, seconded by Alderman B. Stortz, Council concurred to the addition of clause 12 regarding cleanup work at 36 Springdale Drive and clause 13 regarding the term of office of the Parks & Recreation Advisory Group. Alderman M. Wagner referred to clause 9 respecting a 'Peace Grove' in Victoria Park and stated that he was not opposed in principle, but suggested that it was being located in the wrong place, as Victoria Park had enough features already. He recommended that the City start to develop a second premier downtown park, but indicated that he was of the view that some additional feature needs to be added to the concept. Further discussion took place resulting in a motion by Alderman B. Stortz, seconded by Alderman M. Wagner to defer and refer the matter to staff for further study which was lost. The report was then put to a vote. Voted on clause by clause. Clauses 4 & 5 - Carried, As Amended. Clause 9 - Carried. Balance of Report - Carried. Moved by Alderman C. Zehr Seconded by Alderman B. Stortz That the report of the Finance and Administration Committee of this date be adopted. Alderman T. Galloway referred to clause 3 (Ward Boundaries) and commented that when the matter was listed for discussion at the Finance and Administration Committee, he had thought it would be routine that some review would be agreed to be undertaken and the subject would then come back to the Committee for further discussion. Following the meeting, he provided Members of Council with a letter outlining his views with regard to the matter. In respect to his concerns, he pointed out that a large percentage of Kitchener taxpayers had no one they could elect to the Regional Council to represent them. Further, on the issue of timing, he recommended that the City not wait for the Province to take action with respect to the method of election to Regional Council and that Kitchener Council request the Clerk to report on local ward realignment alternatives that would address the question of Regional representation. Accordingly, he asked that Council defeat clause 3. Alderman M. Wagner advised that he supported Alderman Galloway's position that a better and different way of electing Kitchener representatives to Regional Council was needed. Firstly, he commented that under the present method of representation, Kitchener was not necessarily sending its best eight out of ten aldermen to Regional Council. Further, he stated that when two wards were not represented, some 20% of the population was frozen out of the decision-making process at the Regional level. Members of Council responded with their views on the matter which were contrary to the position taken by Aldermen Galloway and Wagner. They referred to their own experience as a member of only Kitchener Council prior to the opportunity to sit on Regional Council and pointed out that they COUNCIL M/NIYFES - 515 - SEPTEMBER 21, 1992 have acted at the Regional level as representatives of the City as a whole and had never thought of Regional issues as Ward issues within the City of Kitchener. Finally, members indicated that they were opposed to undertaking any electoral boundary change at the local level for the next election which was likely to require additional change at the following election as a result of Provincial government actions relative to the method of election to Regional Council. Alderman B. Stortz suggested that in future the Council consider establishing a policy for re-adjustment of Ward boundaries on a periodic basis to accommodate population shifts within the City. During the discussion, reference was made to commentary in the Municipal World Magazine about the municipal election process. Mr. R.W. Pritchard advised that the report was based on erroneous information supplied to Municipal World. He noted that in order to change the City's ward boundaries and representation at Regional Council, legislative amendments would be required through the Municipal Act and the Regional Municipality of Waterloo Act in addition to the involvement of the Ontario Municipal Board. Mr. R.W. Pritchard informed Council that the Province has advised that it does not intend to entertain any request for changes involving electoral representation at the Region prior to the next municipal election. Alderman T. Galloway pointed out that his suggestions had been made to initiate discussion of the issue of representation at the Regional level. He responded to comments made by other members of Council which he felt justified his concerns respecting Regional representation. The report was then put to a vote. Voted on clause by clause. Clause 3 - A recorded vote was requested. In Favour: Aldermen B. Stortz, J. Smola, G. Leadston, C. Zehr, J. Ziegler, G. Lorentz and C. Weylie. Contra: Mayor D.V. Cardillo and Aldermen T. Galloway, M. Wagner and M. Yantzi. Carried. Balance of Report - Carried. Moved by Alderman M. Yantzi Seconded by Alderman G. Leadston That the report of the Market Operating Committee of this date be adopted. Carried. Moved by Alderman J. Smola Seconded by Alderman M. Wagner That the report of the Public Works and Transportation Committee of this date be adopted. Voted on clause by clause. Clause 2 - Dealt with under Delegations and Carried. Balance of report - Carried. Alderman J. Ziegler referred to his letter dated September 18, 1992 to Members of City Council concerning improvement of enforcement under the Noise By-law. In response to his suggestion, Council was in receipt of a letter dated September 21, 1992 from Ms. L. MacDonald, Assistant City Solicitor, explaining Kitchener's existing procedure and supporting the need for designated enforcement staff to deal with noise complaints. Mr. D. Snow commented that he had a concern that if his staff were designated that they might encounter dangerous situations. COUNCIL M/NUTES - 516 - SEPTEMBER 21, 1992 Moved by Alderman J. Ziegler Seconded by Alderman G. Lorentz That the City Solicitor review the existing complaint and enforcement procedure under the City's Noise By-law and prepare a report with recommendations as to how enforcement could be improved and what staff should be designated to carry out the task. And further, that the Waterloo Regional Police be encouraged to issue tickets on the spot for infractions under the City of Kitchener Noise By-law. Carried. Alderman T. Galloway announced that "Aids Awareness Week" was planned for the week of October 5- 12, 1992 with many events planned in that regard. Alderman T. Galloway referred to the minutes of the Planning and Economic Development Committee of September 14, 1992 in regard to the matter of development charges and indicated that the minutes did not accurately reflect the nature of his request. He stated that what he was asking for was that staff investigate communities which have modified, deferred or suspended their development charges to determine what the impact of such action has been on the revenues of those municipalities. Alderman B. Stortz suggested that the other side of the question should also be addressed as to what effects such actions had on the capital budgets of those same municipalities. Alderman J. Smola referred to the Woolwich Street issue which he had raised briefly at the September 14 Planning and Economic Development Committee meeting with respect to a request that Woolwich Street be deleted from the City's Street Widening List. He indicated that with regard to a subdivision development by Kraushaar, Kitchener staff had proposed that a portion of Woolwich Street be realigned in order to shift it north of its present route and intersection with Bridge Street to create a new safer intersection for turning movements onto Bridge Street. As part of the proposal the 'old' portion of Woolwich Street from Bridge Street to the 'new' Woolwich Street was to be closed at the point where it meets the 'new' re-aligned portion of Woolwich Street. This proposal was agreed to by both the developer and the City of Waterloo and as such would negate the need for a future widening of the 'old' portion of Woolwich Street. However, after a Waterloo resident of Bridge Street objected to the design, the Council of the City of Waterloo reversed its position with regard to the closing and instead approved of 'old' Woolwich Street intersecting with the 'new' re-aligned portion of Woolwich Street. The issue of concern is that if the intersection of 'new'/'old' Woolwich Street remains open, there may be a need to widen the 'old' portion of Woolwich Street. But if the intersection was eliminated in accordance with the original proposal as previously agreed to, there would be no need to widen the 'old' portion of Woolwich Street. Alderman Smola indicated that if the City of Waterloo did not change its present position, the City of Kitchener should go forward with a closing of its own which would then eliminate the need for a widening of 'old' Woolwich Street and allow a property owner of Woolwich Street who has applied for a zone change and severance to complete required conditions. Moved by Alderman J. Smola Seconded by Alderman G. Leadston That the redundant part of Woolwich Street extending from Bridge Street to the intersection of a future re-aligned Woolwich Street be deleted from the List of Streets designated for future widenings itemized in Schedule A - "Highways To Be Widened" of the City's Official Plan. Carried. Alderman B. Stortz referred to the Facade Interior Loan Program and noted that a question has arisen with respect to multiple applications from the same address. Council requested that the matter be referred to Mr. F.S. Graham who was directed to provide a report to the Planning and Economic Development Committee. Alderman C. Zehr advised that he wished to introduce a resolution regarding the October 26, 1992 referendum on the Constitution. Moved by Alderman C. Zehr Seconded by Alderman B. Stortz COUNCIL M/NUTES - 517 - SEPTEMBER 21, 1992 WHEREAS it is imperative to recognize the history of Canada while at the same time develop a contemporary federation of many cultures; and WHEREAS unity is the key to prosperity because a constitutional agreement will strengthen investor confidence and renewed confidence is fundamental to a stronger economy; and WHEREAS the Prime Minister and First Ministers of Canada developed a Consensus Report on the Constitution of Charlottetown on August 28, 1992; and WHEREAS the leaders of Canada's political parties, all Premiers and Territorial leaders and Aboriginal negotiators believe that the agreement should be put before the people of Canada in the form of a referendum; THEREFORE BE IT RESOLVED that the Council of the City of Kitchener endorse the spirit of the Consensus Report on the Constitution and encourage its' citizens to vote "Yes" in the October 26, 1992 referendum. Alderman J. Ziegler suggested that Alderman Zehr's motion be amended so as to delete the first two sentences and revise the last sentence to indicate that the Council encourage its citizens to inform themselves on the issues and vote in the October 26, 1992 referendum. Alderman Ziegler noted that there were too many outstanding issues regarding the Constitutional Agreement and that he could not support Council endorsing the agreement on that basis. Alderman G. Leadston objected to Alderman Zehr's motion being considered at this time as he had not had an opportunity to review issues contained in the Consensus Report on the Constitution. Moved by Alderman G. Leadston Seconded by Alderman J. Ziegler That the motion of Alderman C. Zehr concerning the Consensus Report on the Constitution be deferred and referred to the next Council meeting so as to allow time for both consideration of the Consensus Report and Debate of the motion. MOTION LOST. Moved by Alderman C. Zehr Seconded by Alderman B. Stortz That notwithstanding the regulations of Council's Procedural By-law, the Council meeting be extended past the midnight deadline. Carried with the required unanimous consent. The motion of Alderman C. Zehr respecting endorsement of the Consensus Report on the Constitution was then put to a vote and Carried. Prior to consideration of the by-laws Council concurred to a request of Mr. R.W. Pritchard to delete the by-law listed on the agenda as item 9(v) and 12(v) for first and third readings respectively in regard to amusement arcades and to substitute in its place a by-law to exempt a certain lot from Part Lot Control, being Lots 16 and 23, Plan 1739 on Bankside Crescent. Aisc for the record, the by-law listed on the agenda as item 9(n) and 12(n) for first and third readings respectively for exemption of a certain lot from Part Lot Control, being Lot 28, Plan 1739 was incorrectly referred to as being located on Old Huron Court when in fact the lot is located on Bankside Drive. 10. Moved by Alderman G. Lorentz Seconded by Alderman B. Stortz 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 COUNCIL M/NIXPES - 518 - SEPTEMBER 21, 1992 routes and to prohibit parking thereon (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. 88-173, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (e) Being a by-law to designate part of the property municipally known as 1 Pequegnat Avenue in the City of Kitchener as being of historical and architectural value (f) Being a by-law to provide for the establishing and laying out of part of Bankside Drive as a public highway in the City of Kitchener (g) Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement (h) Being a by-law to amend Chapter 630 of the City of Kitchener Municipal Code with respect to Fences (i) Being a by-law to amend By-law 4830 known as the Zoning By-law - Jay and Marlies Whetstone - Howe Drive - No.92/14/H/ZJ (J) Being a by-law to amend By-law No. 4830 known as the Zoning By-law - Scharry Investments Inc. - Highland Road East - No. 921071HIZJ (k) Being a by-law to amend By-law No. 4830 known as the Zoning By-law - Karen and Richard Hardie - Huron Road - No. 92/15/H/PMc (i) Being a by-law to exempt a certain lot from Part Lot Control - Lot 29, Registered Plan 1730 - Tamvale Crescent (m) Being a by-law to exempt a certain lot from Part Lot Control - Lot 15, Registered Plan 1721 - Old Huron Court (n) Being a by-law to exempt a certain lot from Part Lot Control - Lot 28, Registered Plan 1739 - Bankside Drive (o) Being a by-law to exempt a certain lot from Part Lot Control - Lots 24 and 27, Registered Plan 1730 - Tamvale Crescent (P) Being a by-law to exempt a certain lot from Part Lot Control - Part Block 107, Registered Plan 1678 - Brembel Street (q) Being a by-law to exempt a certain lot from Part Lot Control - Lot 33, Registered Plan 1730 - Tamvale Crescent (r) Being a by-law to exempt a certain lot from Part Lot Control - Part of Lots 113, 114 and 115, Registered Plan 308 - Huber Street (s) To confirm all actions and proceedings of the Council (t) Being a by-law to authorize the carrying out of the provisions of Chapter 650 of The City of Kitchener Municipal Code with respect to Block A, Registered Plan 1368, in the City of Kitchener- Blackhorne Drive (u) Being a by-law to authorize the carrying out of the provisions of Chapter 650 of The City of Kitchener Municipal Code with respect to Lot 83, Registered Plan 743, known as 98 Belleview Avenue, Kitchener (v) Being a by-law to exempt a certain lot from Part Lot Control - Lots 16 and 23, Registered Plan 1739 - Bankside Crescent COUNCIL M/NIXPES - 519 - SEPTEMBER 21, 1992 (w) Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code regarding Appointments of Staff 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 G. Leadston as chairman. On motion the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the chair. Moved by Alderman G. Leadston Seconded by Alderman J. Smola 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. Carried. Moved by Alderman G. Lorentz Seconded by Alderman B. Stortz That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) 11. (d) (e) 12. (f) (g) (h) 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. 92 -206) 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. 92-207) 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. 92-208) To further amend By-law No. 88-173, 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. 92-209) Being a by-law to designate part of the property municipally known as 1 Pequegnat Avenue in the City of Kitchener as being of historical and architectural value (By-law No. 92-210) Being a by-law to provide for the establishing and laying out of part of Bankside Drive as a public highway in the City of Kitchener (By-law No. 92-211 ) Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement (By-law No. 92-212) Being a by-law to amend Chapter 630 of the City of Kitchener Municipal Code with respect to Fences (By-law No. 92-213) COUNCIL M/NIXPES - 520 - SEPTEMBER 21, 1992 (i) (J) (k) (i) (m) (n) (o) (P) (q) Being a by-law to amend By-law 4830 known as the Zoning By-law - Jay and MarlJes Whetstone - Howe Drive - No.92/14/H/ZJ Being a by-law to amend By-law No. 4830 known Investments Inc. - Highland Road East - No. 92/07/HIZJ (By-law No. 92-214) as the Zoning By-law - Scharry (By-law No. 92-215) Being a by-law to amend By-law No. 4830 known as the Zoning By-law - Karen and Richard Hardie - Huron Road - No. 92/15/H/PMc (By-law No. 92-216) Being a by-law to exempt a certain lot from Part Lot Control - Lot 29, Registered Plan 1730 - Tamvale Crescent (By-law No. 92-217) Being a by-law to exempt a certain lot from Part Lot Control - Lot 15, Registered Plan 1721 - Old Huron Court (By-law No. 92-218) Being a by-law to exempt a certain lot from Part Lot Control - Lot 28, Registered Plan 1739 - Bankside Drive (By-law No. 92-219) Being a by-law to exempt a certain lot from Part Lot Control - Lots 24 and 27, Registered Plan 1730 - Tamvale Crescent (By-law No. 92-220) Being a by-law to exempt a certain lot from Part Lot Control - Part Block 107, Registered Plan 1678 - Brembel Street (By-law No. 92-221) Being a by-law to exempt a certain lot from Part Lot Control - Lot 33, Registered Plan 1730 - Tamvale Crescent (By-law No. 92-222) (r) (s) (t) Being a by-law to exempt a certain lot from Part Lot Control - Part of Lots 113, 114 and 115, Registered Plan 308 - Huber Street To confirm all actions and proceedings of the Council (By-law No. 92-223 (By-law No. 92-224) Being a by-law to authorize the carrying out of the provisions of Chapter 650 of The City of Kitchener Municipal Code with respect to Block A, Registered Plan 1368, in the City of Kitchener- Blackhorne Drive (By-law No. 92-225) (u) Being a by-law to authorize the carrying out of the provisions of Chapter 650 of The City of COUNCIL M/NIYFES - 521 - SEPTEMBER 21, 1992 Kitchener Municipal Code with respect to Lot 83, Belleview Avenue, Kitchener Registered Plan 743, known as 98 (By-law No. 92-226) (v) (w) Being a by-law to exempt a certain lot from Part Lot Control - Lots 16 and 23, Registered Plan 1739 - Bankside Crescent (By-law No. 92-227) Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code regarding Appointments of Staff (By-law No. 92-228) be taken as read a third time, be finally passed and numbered serially by the Clerk. Carried. On motion, the meeting adjourned. ...................................................................... Mayor Clerk COUNCIL MINUTES - 522 - SEPTEMBER 21, 1992 REPORTS ADOPTED BY COUNCIL - SEPTEMBER 21, 1992 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (JULY 13, 1992) That the City of Kitchener support the extension of Go-Transit and the provision of high-speed rail service to the municipality. That the following be included in the City's response to the Region of Waterloo's Discussion Paper entitled "Towards 2001: Shapin,q Our Re,qional Vision Toqether" and in the City's corresponding Vision Statement: a) That the City supports the concepts of mixed use, high density transit nodes. b) That the City supports the concept of urban settlement areas as outlined in a modified "Vision C" and that staff be asked to clarify the purpose of the agricultural buffer zone and how it is to be used as well as why the buffer line in the southwest does not extend to the municipal boundary. c) That the Region of Waterloo reserve sufficient capacity in the Kitchener sewage treatment plant to accomodate full development in the southwest corner of the municipality. d) That with regard to a rural settlement pattern, there be no expansion into rural agricultural areas beyond that presently allowed in the Region's Official Plan. e) That the City endorse the environmental policy statements outlined in "Vision C". PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (AUGUST 12, 1992) That Clause 10 of the proposed by-law dated August 6, 1992 be partially re-worded after the words Registered Plan 401 to read, "only an educational establishment shall be permitted until such time as a heritage easement is registered to ensure conservation of the significant heritage features of the St. Jerome's school building and the land upon which said buildings are situate is designated under the Ontario Heritage Act, and the holding symbol affecting these lands has been removed by by-law." And further, that a corresponding change in wording be made to the last paragraph of 1.3.4, the Office District Land Use Category of the proposed Official Plan Amendment. (DEALT WITH UNDER DELEGATIONS AND CARRIED) That the additional revisions to recommendations for the Downtown Zoning By-law dated August 6, 1992 and Official Plan Amendment listed in the summary dated August 12, 1992 prepared by staff be approved. That we accede to the request of the Valhalla Inn to permit a 3-storey addition on top of the existing structure fronting on King Street East and delete reference in the proposed by-law dated August 6, 1992 to Building Elevation for the 3-storey addition. (DEALT WITH UNDER DELEGATIONS AND CARRIED, AS AMENDED) That we accede to the request of the Kitchener Downtown Business Association that amusement arcades be prohibited in all Downtown zones with the exception of buildings in the D-1 or D-2 zone with a minimum gross floor area of 10,000 square metres and where such arcade does not face any part of a street or lane. (DEALT WITH UNDER DELEGATIONS AND CARRIED, AS AMENDED) That we approve a further revision to the additional staff revisions dated August 12, 1992 so as to add to Appendix 'C' subsection 138 (a) IV (b) to read as follows "shall be permitted to locate in new COUNCIL M/NUTES - 523 - SEPTEMBER 21, 1992 buildings having a minimum 50 metre setback from Victoria Street or a minimum 30 metre setback from Victoria Street within 47.5 metres of King Street West". (DEALT WITH UNDER DELEGATIONS AND CARRIED) PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE SEPTEMBER 21, 1992 That we accede to the request of Mr. P. Britton, on behalf of St. Jerome's, and agree that Subsection 139, Appendix C of the proposed by-law dated August 6, 1992 be revised so as to not restrict retail to existing buildings and to limit retail to a maximum gross floor area of 4,924 square metres and with no single outlet exceeding 1,000 square metres. And further, that a corresponding change in wording be made to the last paragraph of 1.3.4, the Office District Land Use Category of the proposed Official Plan Amendment. (DEALT WITH UNDER DELEGATIONS AND CARRIED) That we approve of the addition of new subsections to Appendix 'D' of the proposed by-law dated August 6, 1992 dealing with parking requirements for existing buildings currently zoned C4 so as not to require parking for uses in existing buildings relative to the north side of Duke Street from Frederick Street to Queen Street and the lands comprising the easterly portion of the block bounded by King Street, Francis Street, Hall's Lane and Victoria Street. That the Official Plan Amendment (Downtown Land Use Policies) listed herein and the by-law implementing same be approved, namely: The Official Plan of the City of Kitchener is amended as follows: Map 1, "Plan For Land Use" is amended by deleting the Land Use Category "City Commercial Core" and by adding the identifier "Downtown" with the notation "Refer to Map 5 for detail"; 2. Map 5, "Plan for Land Use: Downtown" is added as shown on the attached Schedule "A"; Section IV, "Comprehensive Planning Principles and Policies" is amended by deleting the term "City Commercial Core" from the existing text of subsections (i), (ii), (iii) and (xii) of Policy IV. 3. CITY STRUCTURE and replacing it with the term "Downtown"; Section IV, "Comprehensive Planning Principles and Policies" is amended by deleting the term "City Commercial Core" from the existing text of subsections (i) and (ii) of Policy IV. 5. COMMERCIAL and replacing it with the term "Downtown"; Section IV, "Comprehensive Planning Principles and Policies" is amended by deleting the term "City Commercial Core" from the fourth paragraph of the existing text of subsection (i) of Policy IV. 11. POLICIES FOR SPECIFIC AREAS and replacing it with the term "Downtown"; Section IV, "Comprehensive Planning Principles and Policies" is amended by deleting the term "City Commercial Core" from the existing text of subsection (ii) (b) of Policy IV. 15. ENERGY POLICIES and replacing it with the term "Downtown"; Section IV, "Comprehensive Planning Principles and Policies" is amended by deleting the existing text of Policy IV. 3. URBAN DESIGN subsections ii) and iii); Section IV, "Comprehensive Planning Principles and Policies" is amended by adding the following new Policy IV. 20. BONUSlNG: 20. BONUSING Bonusing provisions authorize the increase in the height and density of development in return for the provision of those services, facilities or matters which are set out in the COUNCIL M]NIXPES - 524 - SEPTEMBER 21, 1992 Zoning By-law. Objectives To provide an incentive to developers to assist the City in the improvement of the Downtown environment. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE SEPTEMBER 21, 1992 Policies i) The City will permit an increase in the density of a building on a site to exceed the regulated maximum density only to achieve one or more of the following: a) To create a safe, vibrant and viable Downtown by incorporating residential units as part of a development; b) To improve the quality of the environment in the Downtown through the provision of indoor and outdoor amenity areas which are accessible to and equipped for the use of the general public, are landscaped so as to provide relief to the built environment and integrate art or cultural features for appreciation by the general public; c) To maintain the historic character and architectural significance in the Downtown through the conservation of buildings, building facades and areas recognized under the Ontario Heritage Act. ii) An owner may transfer the increase in density achieved through these policies from the lands on which such facilities or matters are provided to lands having the same designation or to lands within the central portion of the Downtown. iii) Where an owner elects to provide such facilities or matters in exchange for an increase in density, the City shall require the owner of lands on which such facilities of matters are to be provided, and the owners of lands to which density is to be transferred, to enter into one or more agreements setting out the terms of such exchange. Such agreements shall be registered against all lands to which they apply before building permits are issued for any increase in density. Section V, "PLAN FOR LAND USE" is amended by deleting the first sentence in paragraph 3 on Page 92 in its entirety and inserting the following in lieu thereof: "This Plan for Land Use includes twenty-five land use categories: Retail Core, East Market, Market Village, Office District, Commercial Residential Area, Warehouse District, Mackenzie King Square, Regional Shopping Centre, Community Commercial Core, Community Shopping Centre, Neighbourhood Commercial, Service Commercial, Restricted Commercial-Residential, Major Institutional, Estate Residential, Low Density Residential, High Density Residential, Industrial, General Industrial, Heavy Industrial, Business Park, Major Open Space, Existing Development Below the Regional Floodline, Agricultural and Rural Settlement." 10. Section V, "PLAN FOR LAND USE" is amended by replacing the text of Policy V. 1 CITY COMMERCIAL CORE with the following revised text: 1. DOWNTOWN Kitchener's Downtown has historically been the administrative, business and cultural focal point for both the City of Kitchener and the region. Through the combination of working, living and recreational environments, the Downtown has been able to provide a wide range of activities and services for the residents of Kitchener as well as visitors to the City. A vibrant and healthy Downtown is important to the local economy and the establishment of a COUNCIL M/NUTES - 525 - SEPTEMBER 21, 1992 community identity. Further, it is recognized that the continued success of the Downtown will depend upon the enhancement of its character, the development of its business environment and the enhancement of its value as a place to live. The Downtown is shown on the Plan for Land Use (Map 5) and consists of the following land use categories: Retail Core, East Market, Market Village, Office District, Commercial Residential Area, Warehouse District and Mackenzie King Square PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE SEPTEMBER 21, 1992 OBJECTIVES To restore and enhance the role of the Downtown as the commercial focus of the inner-city neighbourhoods, of the City and of the Region, through enhancement of the administrative, restaurant, entertainment and personal service sectors and a retail sector featuring specialty retail stores which distinguish it from other shopping areas. ii) To establish a vibrant and safe atmosphere in the Downtown and provide a larger market for Downtown businesses through a healthy residential sector by: conserving and enhancing existing residential neighbourhoods and encouraging compatible new development; providing for a variety of residential types in order to meet the needs of all residents in the Downtown; and encouraging and providing incentives for residential development, including infill and conversion to residential use, where compatible with the surrounding environment. iii) To secure opportunities for the conservation of the existing industrial building stock through: * continued use for industry where compatible with adjacent land use; * conversion to function as incubators for new industrial businesses; * conversion to non-industrial use; or heritage conservation. iv) To preserve the City's industrial, commercial and transportation heritage through the establishment of heritage districts and the conservation of individual heritage structures. v) To improve the quality of the pedestrian and cycling environments through conscientious urban design and establishment of comfortable open spaces and linkages. 1.1 COMPREHENSIVE POLICIES 1.1.1 The Downtown comprises a variety of character areas, each having its own atmosphere based on characteristic built form and/or land use, and each providing a different experience. The establishment of an integrated system of character areas will help to attract people to the Downtown and appeal to the Downtown workforce outside of normal business hours. Public and private works within each of the Downtown character areas will be designed to enhance the unique COUNCIL M/NUTES - 526 - SEPTEMBER 21, 1992 atmosphere of the area. 1.1.2 Land Use Categories will establish policies to encourage appropriate land use and give direction to the type of development within each of the identified character areas. 1.1.3 The ring road will continue to function as the major transportation route for traffic travelling to and from the Downtown as well as for through traffic not destined for the Downtown. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE SEPTEMBER 21, 1992 1.1.4 The City shall continue to provide some short and long term parking spaces in the Downtown, while the development industry shall be responsible for the provision of parking for all new development. 1.1.5 The City shall consider accepting cash-in-lieu of parking in the Downtown. 1.1.6 Where a land use designation sets out a maximum floor space ratio, and site plan approval has been granted pursuant to the Planning Act for a development which exceeds this limit, additional floor space shall be permitted on the lot only to the extent of the development previously approved. 1.2 URBAN DESIGN POLICIES 1.2.1 Encourage the conservation of buildings and structures of historical or architectural significance or cultural merit, and encourage adjacent buildings to be designed in harmony. 1.2.2 Enhance the character of the Downtown through coordinated building, streetscape and landscape designs including such matters as facades, sidewalk surfacing, lighting, street furniture, signage, and landscaping. 1.2.3 Design and site buildings to minimize the adverse impacts of micro-climatic conditions on pedestrian comfort levels, adjacent buildings, streets and the use of open space areas. In order to ensure that the effects of such conditions as wind, snow deposition, and access to sun are maintained at an acceptable level, street level micro-climate impact studies may be required by the City where massing and siting of buildings may create adverse environmental impacts. Such study shall include the following requirements: A description of the existing and predicted street level micro-climate conditions; ii) A modelling analysis of the impacts, where deemed necessary; iii) A description of mitigating measures proposed to reduce adverse micro-climate conditions, where required. 1.2.4 Add variety to the built form by promoting art in publicly accessible places. This may take the form of statues, murals, fountains, sculptures, plaques, memorials and other displays, which may, for example, commemorate significant events in the history of the City. 1.2.5 Develop entrance treatments to the Downtown which present a positive COUNCIL M/NIYFES - 527 - SEPTEMBER 21, 1992 image of the City, particularly at the intersection of King Street East and the proposed ring road. Such features as public art, enhanced landscaping and open space, signage, and unique building design may be employed to create such an image. 1.2.6 Require landscaped setbacks and treed boulevards along the ring road to provide definition to the Retail Core and add aesthetic appeal for pedestrian and vehicular traffic. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE SEPTEMBER 21, 1992 1.2.7. Create an integrated system of character areas each reflecting and enhancing its existing form, atmosphere and heritage. Design buildings to complement and contribute to the character of each different area in terms of massing, siting, shape, building materials, signage and colour. 1.2.8 Contribute to a safe, attractive, accessible and comfortable pedestrian environment in the Downtown by encouraging the use of such features as appropriate signage, canopies, awnings, landscaping, sitting areas and cycling facilities in new development. Particularly, encourage the provision of connections between buildings and transit stops, parking lots, public sidewalks, open space areas and adjacent buildings through the use of arcades, internal doorways and promenades. 1.2.9 Where appropriate, encourage the use of lanes as a means of providing both an interesting shopping environment and a functional and aesthetic asset through their use for store frontage, pedestrian access and service uses. 1.2.10 Maximize street level activity and interest and the functional and visual connection between outdoor activities and indoor activities by limiting non-commercial uses at street level, requiring windows or entrances and limiting continuous blank walls in the Retail Core and East Market. 1.2.11 Preserve the following vistas by discouraging visual obstructions such as elevated walkways over streets: i) Gaukel Street from King Street to Victoria Park; Ontario Street from Duke Street to Victoria School: Queen Street from Charles Street to King Street; Queen Street from Weber Street to King Street; Frederick Street from Duke Street to Weber Street. 1.2.12 Maintain a streetscape along King Street that is attractive and comfortable to the pedestrian in terms of siting and massing of new buildings, with special emphasis on the effect of height. To achieve this, new development in the Retail Core is required to site its facade close to King Street to create a continuous built edge. That portion of the building to which the pedestrian relates most shall be limited in height to reflect the historic scale and character of the Retail Core. 1.3 LAND USE CATEGORIES 1.3.1 Retail Core COUNCIL M/NIYFES - 528 - SEPTEMBER 21, 1992 The Retail Core is the heart of the Downtown which focuses around the original commercial area of King Street. The Retail Core has historically developed as a pedestrian-oriented environment characterized by ground floor commercial uses in narrow storefronts, providing frequent entrances for the pedestrian. To maintain a concentrated area of viable commercial uses, as well as maintain its appeal for pedestrians by maximizing points of attraction and minimizing walking distances, pedestrian-oriented development will be encouraged not only on King Street but also on side streets and public lanes. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE SEPTEMBER 21, 1992 The built form is characterized by narrow three to four-storey buildings located close to the street, combining to create a relatively unbroken building facade facing King Street. To encourage new development that is compatible with the existing built form, maximizes pedestrian comfort, and maintains a human scale of buildings, building form, including heights, will be regulated and designed to achieve these objectives. A floor space ratio of 2.0 shall apply to new development. The Retail Core will permit a broad range of all land uses. The predominant use will be ground floor commercial, with residential and office uses above. Mixed use buildings are encouraged; however, in order to maintain the continuity of pedestrian interest at the street level, uses that do not have this characteristic shall be discouraged from locating on the ground floor. Amusement arcades shall not be permitted on lots abutting King Street, unless such amusement arcade is interior to a large building. In order to promote an aesthetically pleasing living environment and pedestrian-oriented streetscape, industrial uses having a noxious component to their operation or requiring outdoor storage or large land areas, and automotive-related commercial uses shall be prohibited. Certain other industrial uses shall be limited in size to ensure compatibility with the primary uses of commercial, residential and office. The section of King Street generally from the east side of Queen Street to the west side of College Street contains several buildings which are designated under the Heritage Act. To emphasize Kitchener's commercial heritage the conservation of all of, or the significant parts of, these buildings shall be an essential element in the consideration of redevelopment. This area has the potential of becoming, and fully meets this Plan's criteria for, a Heritage District. As such, new development in this area, and particularly in close proximity to these buildings, shall respect their massing and conceptual design. In order to enhance the vista from King Street to Victoria Park along Gaukel Street, increased setbacks shall be required and enhanced streetscape designs encouraged. In order to promote residential development, heritage conservation, and the provision of public open space amenities, maximum floor space ratios may be increased through the bonusing provisions of the zoning by-law. 1.3.2 East Market The East Market area acts as the eastern entrance to the Downtown, and functions as a transitional area between the Retail Core and the King Street corridor leading from Highway 8 to the Downtown. East Market is adjacent to Market Village and the Kitchener Farmers' Market. In order to enhance the relationship between these areas development will be encouraged to provide a link between King Street and Market Village, and tourist-oriented uses will be encouraged. COUNCIL M/NIYFES - 529 - SEPTEMBER 21, 1992 The area has a market-like atmosphere featuring a rich diversity of ethnic and cultural resources in an environment of open space plazas and irregular building setbacks. In order to sustain and further develop this theme and encourage pedestrian activity, outdoor uses or uses with an outdoor component will be encouraged. New development shall have a maximum floor space ratio of 2.0 and a maximum height which promotes the existing built form of street-oriented, Iow rise development along the King Street frontage. The conversion of existing residential buildings on side streets to commercial uses such as restaurants and boutiques or to mixed commercial-residential uses is preferred. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE SEPTEMBER 21, 1992 The East Market will permit a broad range of all land uses. The predominant use will be commercial, focusing on small retail outlets to provide for the day-to-day shopping needs of the surrounding neighbourhood, with residential and office uses above. Mixed use buildings are encouraged; however, in order to maintain the continuity of pedestrian interest at the street level, ground floor commercial uses will be those which cater to personal and household needs. In order to promote an aesthetically pleasing living environment and pedestrian-oriented streetscape, automotive-related commercial uses, as well as industrial uses having a noxious component to their operation or requiring outdoor storage or large land areas, shall be prohibited. Certain other industrial uses shall be limited in size to ensure compatibility with the primary uses of commercial, residential and office. In order to concentrate retail activities in the Retail Core, large retail outlets, with the exception of grocery stores, shall be prohibited. Amusement arcades shall not be permitted on lots abutting King Street, unless such amusement arcade is interior to a large building. The two blocks east of Cedar Street and the lands fronting Duke Street west of Cedar Street have strong redevelopment potential owing to assemblies of undeveloped land and/or to the acquisition of lands required to complete the ring road connection. To promote a transition from the King Street corridor to the Downtown and to encourage a high profile entranceway to the Downtown, building height shall not be regulated and a maximum floor space ratio of 4.0 shall be permitted within this area. The block bounded by King Street, Cedar Street and the proposed ring road connection will identify the major entrance to the Downtown. To highlight this prominent location, development shall provide a high quality of landscaping and urban design features. In order to promote residential development, heritage conservation, and the provision of public open space amenities, maximum floor space ratios may be increased through the bonusing provisions of the zoning by-law. 1.3.3 Market Villaqe Market Village is a unique enclave located adjacent to the east end of the Retail Core. Most of the properties within the Market Village area were originally developed as detached residential dwellings, many of which have been converted to commercial uses given their close proximity to the Retail Core. A collection of buildings on Market Lane, and others on Eby Street have been converted with a similar design theme, creating a friendly and attractive environment appealing to City residents and tourists alike. Similar conversions are encouraged on properties fronting Duke Street, where buildings share many of the same original characteristics as those already converted. Market Village has developed with a strong pedestrian-orientation, emphasized by those COUNCIL M/NUTES - 530 - SEPTEMBER 21, 1992 buildings on lots fronting only on a private right-of-way, and others fronting only a lane. Effort shall be made to preserve and enhance the built form by encouraging the conversion of the existing buildings for commercial uses and permitting continued development on lots without frontage on a street. In order to promote the conversion and retention of the existing buildings, no parking will be required for uses locating in existing buildings and certain uses which are suitable for locating in the existing buildings but which would not otherwise PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE SEPTEMBER 21, 1992 enhance the unique the character of the area will be permitted in existing buildings only. New development shall be designed so as to be compatible with the existing small, Iow rise buildings on small lots. In order to ensure the integration of new development which respects the existing scale, the maximum floor space ratio of new development shall be 0.75. Market Lane provides a visual and functional link to the Retail Core, with a strong association with the Kitchener Farmers' Market. This should be strengthened by continued improvements to the lanescape and the addition of outdoor amenity areas, activities and buildings appropriately sited to take advantage of the village atmosphere, such as the provision of promenades and art and craft displays. The area should continue to provide a unique range of specialty products and services which take advantage of the village character of the area or promote the use of outdoor promenades and amenity areas, such as boutiques and cafes. Those uses appealing to the cultural and leisure interests of the tourist such as small studios, galleries and museums, but not including amusement arcades, are encouraged. To attract such uses and preserve the village character, no parking shall be required for new development of those uses most likely to enhance the unique character of the area. The residential function of the Market Village area is one which is strictly ancillary to the specialty commercial function. 1.3.4 Office District The Office District is located at the northerly edge of the Downtown, immediately north of the Retail Core and extending north to Weber Street. Its interface with Mackenzie King Square, along Weber Street between Queen Street and Frederick Street, is the only connecting point between the Square and the rest of the Downtown. The District is characterized by large office developments and by land assemblies and lots of a size conducive to future large scale developments. The District has excellent access to the primary road network, making it suitable for large scale office and high density residential developments. These large scale developments will provide a market for Downtown businesses. It is important to strengthen the association between the Office District and Mackenzie King Square. Continuation and enhancement of the functional link between offices in the Office District and the County Court House, Registry Office, Regional Administrative Offices and Main Library in Mackenzie King Square is encouraged. This can be complemented by a link between high density residential uses in the Office District and the library, park and cultural arts facilities in Mackenzie King Square. Strong pedestrian linkages along Queen and Frederick Streets should be promoted to integrate Mackenzie King Square with the Office District and the Retail Core. The primary uses within the Office District will be office, high density residential, and institutional. Complementary uses shall be those uses which serve the needs of the office sector, grocery stores and small convenience commercial outlets to serve the residential population. COUNCIL M/NUTES - 531 - SEPTEMBER 21, 1992 There shall be no maximum limits to the scale of development in the Office District. On the block bounded by Frederick Street, Weber Street, Scott Street and Duke Street, in order to capitalize on the proximity of Market Village and the Kitchener Farmers' Market, small retail outlets shall also be permitted. Assembled lands make this block a potentially significant location for large scale development. In order to protect this potential, new development on small lots shall be prohibited. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE SEPTEMBER 21, 1992 The bonusing provisions of the zoning by-law will be used to promote heritage conservation. It is recognized that certain features of the St. Jerome's school building, located at the northeast corner of Duke and College Streets, have significant heritage value. Application of a holding provision in the zoning by-law will limit the use on the lot to an educational establishment. The holding provision will be removed only when a heritage easement is registered to ensure conservation of the significant heritage features of the St. Jerome's school building and the lands upon which said buildings are situate is designated under the Ontario Heritage Act. In order to promote the conversion of the building and retention of these features, a theatre will be permitted in existing buildings only and a limited amount of small retail shall also be permitted on the property. 1.3.5 Commercial Residential The four areas designated as Commercial Residential are generally located at the four outer corners of the Downtown. Each is located between an Inner City residential neighbourhood and the Retail Core. Most sites have access to Primary Roads, in particular the Downtown ring road. The majority of buildings in these neighbourhoods were originally single detached dwellings; many have been converted to commercial, multiple residential, or mixed use. Residential and commercial conversions will be permitted. The primary uses within the Commercial Residential areas will be residential, small office, and institutional. Complementary uses serving the day to day needs of the residential population, and limited commercial uses serving the needs of the small office component of the area, shall also be permitted. Convenience retail, other than grocery stores, shall be permitted only in large multiple residential buildings. To promote new residential development a maximum floor space ratio of 3.0 for residential shall be permitted. Non-residential development, other than office, shall be limited to a floor space ratio of 1.5 in order to establish residential as the predominant land use. Only small offices, to a maximum floor space ratio of 0.5, shall be permitted in this designation in order to encourage new large scale office development in the Office District. As an incentive for residential development, a greater floor space ratio will be permitted for office use only if located within a building used primarily for residential purposes. In the area west of Water Street and north of Duke Street, to promote retention of existing buildings and to encourage any new development to be compatible with the massing of existing buildings, a maximum floor space ratio of 0.4 will be applied to all new development. Along the north side of Joseph Street between Francis Street and Water Street, to promote compatibility of new development with the existing Low Density Conservation area on the south side of Joseph Street, new development shall be designed to be compatible with the character of this adjacent development and shall be of a similar height. COUNCIL M/NUTES - 532 - SEPTEMBER 21, 1992 In the area of Wilton Place and the east side of Scott Street, in order to allow for the extension of retail use from Market Village, retail shall be permitted either in existing buildings or building of a similar scale. In order to promote heritage conservation, maximum floor space ratios may be increased through the bonusing provisions of the zoning by-law. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE SEPTEMBER 21, 1992 1.3.6 Warehouse District The Warehouse District is situated at the most westerly end of the Downtown, and functions as a transitional area between the Retail Core and the adjacent Service Commercial and General Industrial areas. The area is characterized by many large, old industrial buildings, which may have the potential for conversion to other viable uses. The area serves a different function from the rest of the Downtown as its focus is Victoria Street, a Primary Road, which carries through traffic not necessarily destined for the Retail Core. Sections of the area also have high exposure to traffic on King Street and, to a limited extent, on the ring road. Unlike other parts of the Downtown, the Warehouse District is currently a vehicle-oriented, rather than a pedestrian-oriented environment. Development of the area will emphasize its relative location and historical development. With new industrial uses taking on less of a significant role over time, the reuse and conversion of the industrial buildings for commercial and residential uses as well as for incubators for new industry will be essential to the area's long term growth. New development should be designed so as to complement the design and siting of the existing large, old buildings. Several industrial buildings within the District, and west of the CNR line outside of the area, are designated under the Heritage Act or identified for potential designation, and form part of a larger area of industrial significance. Development in this area should emphasize Kitchener's industrial and transportation heritage which could be expanded upon by, for example, the establishment of an industrial museum, and complemented by the use of lands around the railway station promoting tourism based on heritage. The bonusing provisions of the zoning by-law will be used to promote heritage conservation. Those uses which are suited to the reuse of the existing buildings, such as warehouse outlets, boutiques, flea markets, studios, theatres and restaurants are encouraged to mix in the same building, to create a unique shopping experience. Permitted commercial uses considered to be complementary to the tourist orientation of the heritage museum development could include nightclubs and brew pubs or conference or exhibition facilities. Those uses permitted in the Service Commercial category will be permitted in existing or new buildings, taking advantage of the area's access to Victoria Street. Industrial uses which do not have a noxious component to their operation will continue to form part of the mixture of land use in this area and the retailing of goods manufactured or warehoused as a component of the industrial use will be encouraged, as a complement to the other permitted commercial uses. Some industries located within the Warehouse District contain a component of their operation which would normally be prohibited from locating within the District. To recognize their historical development, their importance as major employers, and to encourage the retention of some of these uses, they may be recognized as permitted uses in the Zoning by-law and permitted to expand. In order to encourage the retention of the large, often historically significant buildings which contribute to the character of the area, only within such existing buildings meeting these criteria will retail, office and commercial entertainment be permitted. To further promote the COUNCIL M/NIXPES - 533 - SEPTEMBER 21, 1992 retention of such buildings and in recognition of potential site restrictions, no additional parking shall be required for the uses locating in such existing buildings. Residential shall be permitted in existing buildings subject to holding provisions in the zoning by-law which will be lifted only when the City is in receipt of a letter from the Ministry of the Environment advising that the Ministry is satisfied with allowing residential, having considered the potential adverse environmental conditions or constraints caused by adjacent PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE SEPTEMBER 21, 1992 industrial uses, transportation corridors and site decommissioning requirements. Within buildings located between Victoria Street and the C.N. Railway, no residential shall be permitted in consideration of their proximity to the railway. The full range of retail is permitted on the lots fronting King Street in order to maintain the continuity of retail along King Street and recognize their location at the entrance to the Downtown although large retail outlets are not permitted. In recognition of the size of the property fronting on the north side of King Street between Victoria Street and Francis Street, and its location immediately adjacent to the Retail Core and the ring road, offices are permitted; retail is also permitted within new buildings but only on that part of the property facing and immediately adjacent to King Street. High density residential in new buildings shall be permitted on that part of the property located farthest from Victoria Street subject to holding provisions in the zoning by-law which will be lifted only when the industrial uses permitted by the zoning by-law having a noxious component to their operation cease to exist and are deleted by by-law amendment and the City is in receipt of a letter from the Ministry of the Environment advising that the Ministry is satisfied with allowing residential, having considered the potential adverse environmental conditions or constraints caused by adjacent industrial uses, transportation corridors and site decommissioning requirements. On the lands located at the intersection of Oak Street and Linden Avenue, because of the proximity of the existing residential development interfacing with this area on Oak Street and Linden Avenue, development shall be of a compatible scale and new residential uses shall be permitted as well as those industrial or commercial uses compatible with the residential uses. 1.3.7 Mackenzie Kinq Square Mackenzie King Square is the only area of the Downtown north of Weber Street. It adjoins the Office District for one block of Weber Street and is linked to the Retail Core by Queen and Frederick Streets. The Square has developed as the civic and cultural focal point for the City of Kitchener and for Waterloo Region. It comprises publicly owned lands developed primarily as administrative and cultural uses and open space. Integration of Mackenzie King Square with the rest of the Downtown requires strengthening of both functional and physical links, particularly pedestrian links. Integration of the design, landscape, and pedestrian movement within Mackenzie King Square and development of streetscape themes for Queen and Frederick Streets are encouraged. Mackenzie King Park will be retained as a park to provide open space for residents of the adjacent neighbourhoods and for visitors to the Downtown. Mackenzie King Square will continue to be the focus of public institutional, administrative and cultural use. Complementary commercial uses which are clearly ancillary to the main use will be permitted." COUNCIL M/NUTES - 534 - SEPTEMBER 21, 1992 It is the opinion of this Committee that the approval of this Amendment to the City's Approved Official Plan is proper planning for the City. (DEALT WITH UNDER DELEGATIONS AND CARRIED, AS AMENDED) 9. (A) That the Official Plan Amendment Application 92/7 (Downtown Land Use Policies), being an amendment to replace the current policies for the City Commercial Core with new Downtown land use policies, be approved. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE SEPTEMBER 21, 1992 (B) That Zone Change Application 92/12/TC/JG (City of Kitchener) and the attached "Proposed By-law" dated July 9, 1992 as replaced by the proposed by-law dated August 6, 1992 and as further revised August 12, 1992 and as further revised September 21, 1992, all as set out in the following: 1. Clause 10 of the proposed By-law dated August 6, 1992 deleting the word "lot" being designated under the Ontario Heritage Act and substituting the "land upon which said buildings are situate", 2. the additional revisions in the summary dated August 12, 1992 prepared by staff, 3. the Valhalla Inn being permitted a 3-storey addition on top of the existing structure fronting King Street East and deleting reference in the proposed By-law to Building Elevation for the 3-storey addition, 4. amusement arcades being prohibited in all Downtown zones with the exception of buildings in the D-1 or D-2 zone with a minimum gross floor area of 10,000 square metres and where such arcade does not face any part of a street or lane, 5. further revision of the additional staff revisions dated August 12, 1992 so as to add to Appendix 'C' subsection 138 (a) IV (b) to read as follows "shall be permitted to locate in new buildings having a minimum 50 metre setback from Victoria Street or a minimum 30 metre setback from Victoria Street within 47.5 metres of King Street, 6. Subsection 139, Appendix C be revised so as to not restrict retail to existing buildings and to limit retail to a maximum gross floor area of 4,924 square metres and with no single outlet exceeding 1,000 square metres, 7. addition of new subsections to Appendix 'D' dealing with parking requirements for existing buildings currently zoned C4 so as not to require parking for uses in existing buildings relative to the north side of Duke Street from Frederick Street to Queen Street and the lands comprising the easterly portion of the block bounded by King Street, Francis Street, Hall's Lane and Victoria Street, 8. revision of the zoning of that part of Market Village north of Duke Street from the proposed D-3 zone to Commercial Residential D-5 zone with a special use provision permitting retail in existing buildings or buildings meeting the D-3 regulations. 9. That the "Proposed By-law" dated August 6, 1992, as revised, be revised by adding the following section thereto: "12. This by-law shall come into effect only upon the approval by the Minister of Municipal Affairs, or his designate, of Official Plan Amendment No. (Downtown Land Use Policies) but, upon such approval, the provisions hereof affecting such lands shall be deemed to have come into force on the date of passing thereof." COUNCIL M/NUTES - 535 - SEPTEMBER 21, 1992 representing amendments to By-law 85-1 and being the fifth stage of the City's new Comprehensive Zoning By-law to establish 7 new downtown zones, be approved, without conditions. It is the opinion of this Committee that the approval of this Application is proper planning for the City and is in conformity with a recommended Amendment (Downtown Land Use Policies) to the City's Approved Official Plan. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE SEPTEMBER 21, 1992 9. (B) (Cont'd) That Council consider the changes, to 3 and 4 above and the addition of new changes referenced as 8 and 9 above, to the by-law as minor in nature and not require any further notice to be given prior to the passing of the proposed By-law for Zone Change Application ZC 92/12/TC/JG. (C) That the following revisions be made to the policies governing the application of cash-in- lieu of parking: i) That the Review Committee for Cash-In-Lieu applications comprise representatives of the Departments of Planning and Development, Transportation Services and Economic Development. ii) That for the purposes of determining those circumstances under which only 50% of the cost the spaces will be paid for by the developer, "physical constraints" shall mean constraints imposed only by the presence of existing buildings on site. (D) That the Departments of Parks and Recreation, Transportation Services and Public Works consider Policies 1.1.1, 1.2.2 and 1.2.7 of the proposed Official Plan Amendment dealing with the Downtown character areas, when developing and implementing streetscape improvements. (E) That, as part of the 1993 capital budget process, Council consider the expenditure of funds to implement the Market Village Design Study as a high priority. (F) That, as part of the 1993 budget process, Council consider authorizing the expenditure of funds to conduct a study on the use of and improvements to the lanes in the Downtown. (DEALT WITH UNDER DELEGATIONS AND CARRIED, AS AMENDED) 10. That the Official Plan Amendment 92/10 (Cedar Hill Neighbourhood Secondary Plan Boundary Adjustment and Housekeeping Amendment) listed herein and the by-law implementing same, be approved, namely: That the Cedar Hill Neighbourhood Secondary Plan as approved by the Regional Municipality of Waterloo on January 11, 1990 and as further revised by City Council on March 9, 1992, be further revised as follows: 1.1 4.4.2 Low Rise Multiple Residential COUNCIL M/NUTES - 536 - SEPTEMBER 21, 1992 Delete the first paragraph of the existing text in its entirety and replace with the following: "Opportunities for residential development are provided to a maximum density of 40 units per hectare (16 units per acre). Permitted uses are restricted to single detached dwellings, duplexes, semi-detached dwellings, conversion of existing housing stock to multiple dwellings, multiple dwellings, small residential care facilities, home occupations, and private home day care. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE SEPTEMBER 21, 1992 10. (Cont'd) 1.2 4.4.3 Low Density Multiple Residential Delete the second sentence of the first paragraph of the existing text in its' entirety and replace with the following: "Permitted uses are restricted to single detached dwellings, duplexes, semi- detached dwellings, conversion of existing housing stock to multiple dwellings, multiple dwellings, small residential care facilities, home occupations, and private home day care." 1.2 4.4.4 Medium Density Multiple Residential Delete the first paragraph of the existing text in its' entirety and replace with the following: "The permitted uses are restricted to existing single and semi-detached dwellings, duplexes, conversion of existing housing stock to multiple dwellings, multiple dwellings up to a maximum density of 200 units per hectare (80 units per acre), day care facilities provided they are internal to a large multiple dwelling, small residential care facilities, and private home day care. New large residential care facilities shall not be a permitted use. The Maximum Floor Space Ratio shall be 2.0, that is, the above grade building floor area shall not exceed 2.0 times the lot area. 1.3 4.4.5 Medium Density Commercial Residential Delete the first paragraph of the existing text in its' entirety and replace with the following: "Residential uses are restricted to existing single and semi-detached dwellings, duplexes, conversion of existing housing stock to multiple dwellings, lodging houses, home occupations, private home day care, small residential care facilities, and multiples dwellings. New large residential care facilities shall not be a permitted use. Commercial uses are restricted to office uses, health offices, health clinics, medical laboratories, club facilities, funeral homes, financial establishments, studios, a limited amount of personal services and small convenience retail uses. Religious institutions are also permitted. Land uses may COUNCIL M/NIYFES - 537 - SEPTEMBER 21, 1992 be located in separate buildings or integrated into a mixed use development. Personal services and convenience retail uses must be located within a building used primarily for other commercial or multiple residential uses." Delete the words "of any development" in the first sentence of the second paragraph. 1.4 Hi,qh Density Commercial Residential Delete the existing text in its' entirety and replace with the following: PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE SEPTEMBER 21, 1992 10. (Cont'd) "Permitted land uses are restricted to a broad range of multiple dwellings which may exceed 200 units per hectare (80 units per acre), small residential care facilities, home occupations, private home day care, office uses, health offices and health clinics, medical laboratories, religious institutions, club facilities, funeral homes, financial establishments, studios, personal services and small convenience retail uses. New large residential care facilities shall not be a permitted use. Land uses may be located in separate buildings or integrated into a mixed use development. Personal services and convenience retail uses must be located within a building used primarily for other commercial or multiple residential uses. The Maximum Floor Space Ratio shall be 4.0, that is, the above grade building floor area shall not exceed 4.0 times the lot area." 2. That the following new section be added to the Cedar Hill Secondary Plan as follows: 3.2.4.a) Hi.qh Density Multiple Residential "The "High Density Multiple Residential" designation permits residential development densities in excess of 200 units per hectare. In the case of development, the above grade building floor area shall not exceed 4.0 times the lot area. Permitted residential uses shall be restricted to multiple residential developments. Additional uses permitted within the designation may include a limited amount of personal services, day care facilities and small convenience retail provided such uses are internal to a large residential building. Private home day care, small residential care facilities and home occupations are also permitted. New large residential care facilities shall not be a permitted use." Replace Schedule "A" dated 1990/09 with the revised Schedule "A" dated 1992/05 attached to staff report PD 66/92. It is the opinion of this Committee that the approval of this Amendment to the City's Approved Official Plan is proper planning for the City. COUNCIL M/NUTES - 538 - SEPTEMBER 21, 1992 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (SEPTEMBER 14, 1992) That the Commissioner of Planning and Development be requested to review permitted uses under existing zoning of the property known municipally as 2209 Kingsway Drive and evaluate a request for a bridal rental business to locate on the subject property. And further, that a report on this matter be considered at the meeting of the Planning and Economic Development Committee to be held on October 5, 1992. That Zone Change Application 92/7/H/ZJ (Scharry Investments Inc.) requesting a change in zoning from Semi-Restricted Residential (R2B) to Semi-Restricted Residential (R2) according to By-law 4830 on Part of Lots 16, 17, 18 and 19, Registered Plan 25, more specifically described as Parts 1 and 2, Plan 58R-1564, be approved, in the form shown in the proposed By-law attached, dated August 13, 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. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE SEPTEMBER 21, 1992 The Owner acknowledges that Condition 1 hereof 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 92/7/H/ZJ. 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 the approval of this application is proper planning for the City and is in conformity with the City's Approved Official Plan. That Zone Change Application 91/24/B/PMc (Larry Pauser) requesting a change in zoning from Restricted Residential (R2A) to Semi-Restricted Residential (R2B) with a deletion of uses and an addition of special regulations according to By-law 4830, on Lot 5, Registered Plan 647, be refused. It is the opinion of this Committee that the refusal of this application is proper planning for the City. (DEALT WITH UNDER DELEGATIONS AND CARRIED) That Zone Change Application 92/15/H/PMc (Karen and Richard Hardie) requesting a change in zoning from Restricted Residential (R2A) to Restricted Residential (R2A) with an extension of use and special regulations according to By-law 4830 on lands described as part of Lots 7 and 11, Biehn's Tract, designated as Part 4 on Plan 58R-4067, be approved in the form shown in the proposed By-law attached, dated July 2, 1992, subject to the following conditions being satisfied prior to any readings of the 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 development. The Owner acknowledges that Condition 1 is required to be satisfied no later than seven (7) months from Council having approved the amending zoning by-law relative to the Zone Change Application 92/15/H/PMc by resolution. In the event this requirement is not fulfilled within the seven month period, Council shall consider rescinding its zone change approval. COUNCIL M/NIXPES - 539 - SEPTEMBER 21, 1992 It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with the City's Approved Official Plan. = That Zone Change Application 89/14/K/ZJ (Ivan & Dragica Crnekovic) requesting a change in zoning from Agricultural (A) to Semi-Restricted Residential (R2) according to By-law 4830, on Lots 20 and 21, Registered Plan 986, be approved, in the form shown in the proposed By-law attached, dated July 28, 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 acknowledges that Condition 1 hereof is required to be satisfied no later that seven (7) months from Council having approved by resolution, the amending zoning by- law relative to the Zone Change Application 89/14/K/ZJ. In the event this requirement is not satisfied 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 and is in conformity with the City's Approved Official Plan. (DEALT WITH UNDER DELEGATIONS AND CARRIED) PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE SEPTEMBER 21, 1992 That Zone Change Application 92122/F/CL (Leslie Toth) requesting a change in zoning from Semi-Restricted Residential (R2B) to Restricted Commercial (C3) with a special list of uses all according to By-law 4830 on Part Lot 8, Plan 111, be approved in the form shown in the proposed By-law attached, dated August 10, 1992, subject to the following conditions being satisfied prior to any readings of the 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 development. The Owner acknowledges that Condition 1 is required to be satisfied no later than seven (7) months from Council having approved the amending zoning by-law relative to the Zone Change Application 92/22/F/CL 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 the approval of this application is proper planning for the City and is in conformity with the City's Approved Official Plan. = That Kitchener's City Council approve the property address change, for property assessment roll number 6-02-048, from 520 Lancaster St. W. to 585 Bridgeport Road, to be effective October 1, 1992, in the form shown in the Proposed By-law attached and dated August 18, 1992. = That the "Proposed By-law" dated April 6, 1992 for Zone Change Application 88/71/B/ZJ (Drewlo Holdings Inc.) be replaced with the attached "Proposed By-law" dated August 31, 1992. That the Plan of Subdivision dated 90 12 03 be replaced with the attached Plan of Subdivision dated Revised 92 08 14. That the City Solicitor be authorized to change the conditions related to Subdivision Application 30T-86035 (Drewlo Holdings Inc.) approved by City Council on May 18, 1992 to reflect the changes to the numbering of lots and blocks and that the following new COUNCIL M]NIXPES - 540 - SEPTEMBER 21, 1992 subsection be added to condition 51 as follows: c) That Stage 3 of this Plan of Subdivision may register immediately consecutive with or subsequent to the registration of Draft Plan of Subdivision 30T-86036. That no further notice be required prior to the passing of the zoning by-law since the changes are minor and do not change the general nature of the subdivision or intensity of development. That Planning and Economic Development Committee schedule the following dates to address several housing studies and reports that require resolution of Council: Municipal Housing Statement - Monday, October 19, 1992 at 4:00 p.m. Homes) 2. Official Plan Amendment OPA/92/11 (Second Dwellings in Single Official Plan Amendment OPA/92/12 (Central Frederick Secondary Plan - Second Dwellings in Single Detached Houses) Provincial Consultation Paper, "Apartments in Houses". - Monday, November 9, 1992 at 4:00 p.m. Detached Neighbourhood 10. That the report titled, "The Secondary Unit Apartment Experience in the City of Kitchener" attached to staff report PD 90/92 be tabled for information and considered as part of the discussions taking place at the Special Meeting of Planning Committee established to discuss the Provincial Consultation Paper and the Official Plan Amendments dealing with the subject of Secondary Apartment Units. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE SEPTEMBER 21, 1992 11. That Kitchener Council submit Vision" K" to the Region of Waterloo for consideration in their visioning exercise, "Towards 2021: Shaping Our Regional Vision Together". 12. 1. That the Staffing and Action Plan regarding By-law Enforcement, attached as Appendix "A", be accepted for information. That the attached report entitled "Municipal Enforcement in Ontario" be accepted for information. That the current practice of enforcement respecting Zoning, Fence, Sign, Lot Maintenance, Discarded Refrigerator, and Regulation of Animal By-laws initiated by complaint be confirmed and expanded to include enforcement initiated by staff respecting the following: a) health and safety issues; b) lodging houses in accordance with the policy approved by 28, 1991; Council on October c) illegal uses discovered through joint inspection with fire or building staff; d) violations discovered on zone change or Committee of Adjustment refusals; and e) violations brought to the attention of the City through applications or written inquiries respecting a property COUNCIL M/NIXPES - 541 - SEPTEMBER 21, 1992 To continue to give top enforcement priority to violations that deal with safety and health issues, and in particular, fences or shrubs causing sight obstructions, unsafe swimming pools, unsafe illegal residential units and discarded refrigerators. 5. That, as directed by Council, Enforcement Staff tar.qet: a) special types of violation for intensive enforcement, and b) specific geographical areas for intensive enforcement, and c) staff target portable signs for intensive 92-204 enforcement of Sign By-law That the City Solicitor be directed to arrange for the expeditious approval of short form wording and set fines and/or any other measures necessary to implement the use of Part 1 Provincial Offence Notices (tickets) for minor zoning violations. 7. To increase public awareness of the City's Enforcement Policies and Procedures by: a) hosting and participating in by-law educational sessions for neighbourhood associations, the business community and the general public. b) preparing and distributing information pamphlets outlining the Zoning Inspectors' role, complaint procedures and potential penalties. 8. That this By-law Enforcement policy be reviewed in one year. 13. That we authorize the Kitchener Legal Department to convey to the Ministry of Municipal Affairs and to the Ministry of Housing, its suggested Changes to the Planning Act that would strengthen enforcement of the Act. CITY HALL STEERING COMMITTEE SEPTEMBER 21, 1992 That the operation of the Canteen in the new City Hall be contracted out to an experienced food industry company, subject to the present Canteen staff being offered the option of continued employment exclusively in this facilty for a minimum period of one year. That the custodial serivces for the new City Hall be performed Option"D" contained in the July 28, 1992 memorandum from Mr. Builidng Services & Stores. by in-house P. Summers, staff utilizing Manager of That the Principles and Requirements of the Restaurant Proposal Call Background Report, dated August 19, 1992, be endorsed and that the Purchasing Division be directed to proceed with the Proposal Call. That a Bicycle Parking Facility be created adjacent to Goudies Lane, with upgraded lighting, at an estimated cost of $12,000. That the Project Manager be authorized to proceed with improvements to the spire controls of the Weather Beacon at an approximate cost of $7,000. COMMUNITY SERVICES COMMITTEE That subject to all the necessary approvals being received from the Province, the City of Kitchener has no objection to the Kitchener Dutchmen Jr. "B" Hockey Club obtaining a Bingo COUNCIL M]NIXPES - 542 - SEPTEMBER 21, 1992 Lottery Licence, and further; That a decision on the grant request of the Kitchener Dutchmen Jr. "B" Hockey Club be deferred to the Community Services Committee meeting of October 5, 1992, subject to discussions between staff and the Hockey Club as to how their current debt will be repaid and to receiving an up-to-date financial statement from the Hockey Club. That the report of the Waterloo Regional Associated Track and Field Club, as presented to the Community Services Committee on September 14, 1992, be accepted for information purposes, and further; That Parks & Recreation staff report to the Community Services Committee in this regard, as soon as is practical. That no action be taken on the request of the Twin City Square Dancers for an in-kind facility grant in the amount of $108.50 for their use of the Victoria Park Pavilion on September 11, 1992. That subject to receiving a decommissioning report, to the satisfaction of the City of Kitchener, the City of Kitchener acquire from the Kitchener Wilmot Hydro 79 Joseph Street, opposite Gaukel Street, including the building, being approximately 74 ft. by 92 ft., for the sum of $59,591.39, which shall be charged to the Park Trust Fund Account, and further; That the Mayor and Clerk be authorized to execute any documentation associated with the purchase. (AS AMENDED) That the City of Kitchener acquire from the Kitchener Wilmot Hydro lands at the corner of Lancaster Street and Breithaupt Street, being approximately 40 ft. by 40 ft., for the sum of $2,035.22, which shall be charged to the Park Trust Fund Account, and further; That the Mayor and Clerk by authorized to execute any documentation associated with this purchase. (AS AMENDED) That the 1993 Fees and Charges for the Parks & Recreation Department, as presented to the Community Services Committee on September 14, 1992 be approved, save and except for the Licensed Rates for the Farmer's Market Hall Rental, and further; COMMUNITY SERVICES COMMITTEE SEPTEMBER 21, 1992 6. (Cont'd) That Parks & Recreation Department staff provide further information to City Council, at its meeting of September 21 1992, concerning Licensed Rates for the Farmer's Market Hall Rental. That the City of Kitchener host the Annual Athletic Awards Banquet in 1993 with a format similar to that of 1992, being a catered sit down meal, and That the banquet be held in February, 1993 in order to best accommodate the majority of athletes eligible to attend, and That the 1992 approved budget figure of $9,000.00 plus any allowable percentage increases be budgeted for the 1993 banquet, and That staff implement the cost reduction measure presented to the Community Services Committee on September 14, 1992, save and except that adult athletes will be recognized, and further; COUNCIL M/NUTES - 543 - SEPTEMBER 21, 1992 That the "Criteria" contained in Policy No. 1-40 be amended (a) to include all members of a Kitchener sport organization regardless of member residency and (b) not include University, Community College or High School teams or athletes. That we approve the establishment of a Committee to develop an Alcohol Management Policy for the City of Kitchener, and further; That Alderman B. Stortz be appointed a member of this Committee. That we approve the concept of establishing a "Peace Grove" in Victoria Park, as presented to the Community Services Committee on September 14, 1992, with two trees to be planted on October 8, 1992 and the remaining works to be completed in 1993 with funds to be provided in the 1993 budget. 10. That we authorize the organizers of the Mid-Western Ontario Travel and Tourism Expo to operate helicopter flights from Centennial Stadium/Jack Couch Ball Park in conjunction with their show to be held October 2-4, 1992. 11. That no action be taken on the request of the A.P.E.O. Student Conference for a financial contribution toward their 1992 conference to be held in Guelph from October 1-4, 1992. 12. That the clean-up work in Mr. Jim Bali's rear yard, 36 Springdale Drive, be contracted out, as soon as possible. 13. That the term of office of the Parks & Recreation Advisory Group be extended to November 30, 1992, pending a report to the Community Services Committee. FINANCE AND ADMINISTRATION COMMITTEE That the Department of Public Works undertake a study of the sanitary sewer system to determine whether sufficient capacity exists to accommodate all or part of those lands in Grand River South presently recognized by the City for development on private sewage disposal systems, and further, That the sum of $60,000.00 be transferred from Index #861239 for this purpose. That the Draft By-law concerning the Regulation of Amusement Arcades as appended to the memorandum of Mr. J. Wallace dated August 31, 1992 be approved and presented to Council for enacting at the September 21, 1992 meeting, and further, That the above By-law be amended so as to indicate a nominal licensing fee of $1.00. FINANCE AND ADMINISTRATION COMMITTEE SEPTEMBER 21, 1992 That no action be taken at this time to change the City's Ward Boundaries prior to the next Municipal Election, and in this regard the City await any Provincial direction concerning direct election to Regional Council. That in response to the Feasibility Study of Ms. E. Bloomfield entitled "A Reqional Archival System for Waterloo" Council indicate to the Waterloo Regional Heritage Foundation the City of Kitchener's preference for a variation of Model C involving a decentralized system of archival preservation and service, and, That the above is on the understanding that no expenditure commitments are being made at this time, and further, That by December 31, 1993, the Manager of Corporate Records/Assistant City Clerk shall develop a draft Corporate Archives Policy for review and approval by Management Committee and City Council. COUNCIL MINUTES - 544 - SEPTEMBER 21, 1992 That, effective January 1, 1992, the remuneration for the Council Page shall be increased from $57.75 per meeting to $58.75 per meeting, and further, That, effective January 1, 1993, this rate shall be further increased to $60.00 per meeting. That a Committee consisting of Alderman J. Ziegler, one Solicitor from the Legal Department, R.W. Pritchard, Commissioner of General Services and City Clerk and L.F. Parkhouse, Deputy City Clerk, be formed to review and recommend a new Council Procedural By-law to the Finance and Administration Committee by March 31, 1993. That the Centre in the Square be given a line of credit up to $200,000 for the acquisition of additional computer equipment, and furthermore, that existing and future loans of this nature be charged interest on a floating monthly rate of 1% greater than the Prime rate. WHEREAS Municipal Affairs Minister, The Honourable Dave Cooke has written a letter dated June 8, 1992 to political party Presidents asking for their opinion 'concerning the recognition of multi-candidate campaigning, fundraising and coalitions of candidates, including party candidates at the local level' and, WHEREAS Municipal Government would be poorly served by party politics, THEREFORE BE IT RESOLVED that the Council of the City of Kitchener is opposed to this concept and the City Clerk will correspond with the Honourable Minister in this regard. That the property owner of the vacant land located on Blackhorne Drive known as Block A, Plan 1368, in the City of Kitchener, be notified that the City intends to consider a by-law at the September 21, 1992 Council meeting which will authorize the removal of the discarded trailer by the City at the expense of the property owner, if the property owner has not already removed the trailer by October 2, 1992. 10. That the property owner of 98 Belleview Avenue, in the City of Kitchener, be notified that the City intends to consider a by-law at the September 21, 1992 Council meeting which will authorize the removal of the waste material by the City at the expense of the property owner, if the property owner has not already removed the waste material by October 2, 1992. LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEEE That pursuant to Ontario Heritaqe Act, R.S.O. 1990, the City Clerk be directed to publish a Notice of Intention to designate the property at 100 Duke Street W. (formerly St. Jerome's High School) as being of historic and architectural significance, and further; LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEEE SEPTEMBER 21, 1992 1. (Cont'd) That the designation apply to the exterior elevations (save and except that portion of the northeast elevation of the 1907 structure to which the 1964 addition is attached, that portion of the east elevation of the 1909 structure to which the 1964 addition is attached and that portion of the north elevation of the 1909 structure to which the 1957 addition is attached) the roof and the rooflines of the two buildings constructed circa 1907 and 1909 and that portion of the interior of the 1909 building referred to as the Theatre, with the specific architectural features of interest to include, but not be limited to, those outlined in the report of Ms. L. O'Krafka et al dated September 11, 1992. (DEALT WITH UNDER DELEGATIONS AND CARRIED) COUNCIL M/NIXPES - 545 - SEPTEMBER 21, 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 17 Schneider Avenue and be used to replace the existing asphalt shingles on the west half of the roof proper (excluding the gable ends and eave returns) with No. 1 Grade Red Cedar Shingles, and further; That subject to removal of the item relative to the supply and installation of new ABS coloured attic vents, the grant fundable portion of the work be completed in accordance with the specification of Heisler Roofing Inc. (Quotation No. 921003) dated August 17, 1992, and the grant be awarded conditional upon all original receipts being submitted to the Clerk's Division no later than December 31, 1992. (DEALT WITH UNDER DELEGATIONS AND CARRIED) MARKET OPERATING COMMITTEE That the proposed 1993 Fees and Charges for the Farmers' Market and the Sunday Arts and Crafts Show as presented to the Market Operating Committee be referred to the Finance and Administration Committee 1993 budget meeting for review. = That the term of office of the Market Operating Committee be further extended to November 30, 1992, pending completion of the Market Operations Review Report. PUBLIC WORKS AND TRANSPORTATION COMMITTEE That the City of Kitchener, through its Public Works Department, work toward creating barrier free access to the sidewalks along major arterial roads for persons with mobility problems, especially wheelchair and scooter users as well as for those who are blind or have limited vision, and further, That the locations to be considered are those contained in the report presented to the Public Works and Transportation Committee on September 14, 1992, and further, That the question of financing for this project shall be considered by Council as part of the Capital Budget process. That, subject to W.R.A.I.N. (Waterloo Region Address Indentification Numbers) satisfying City staff as to their financial ability to undertake the project, approval be granted to this company to approach property owners to seek approval to paint residential address numbers on curbs, subject to the following provisions: (a) That the background shall be dark green with white numbers. (b) That the size and type of lettering shall be standardized. PUBLIC WORKS AND TRANSPORTATION COMMITTEE SEPTEMBER 21, 1992 2. (Cont'd) (c) That property owners shall not be obliged to install these numbers nor shall the property owners be obliged to keep them visible during the winter months. (DEALT WITH UNDER DELEGATIONS AND CARRIED) That, effective December 7, 1992, Route 10 - Brigadoon and Route 16 - Huron be combined during week day peak periods so that service is provided in one direction only and the frequency COUNCIL M/NIYFES - 546 - SEPTEMBER 21, 1992 of services reduced from 30 minutes to 40 minutes. That the City of Kitchener amend its Standard Form Subdivision Agreement to incorporate the following requirement, namely: "The Subdivider agrees to pay to the City of Kitchener, through the Department of Public Works, an administration fee in the amount of 2% of the value of the cost of the public services, as determined by the Commissioner of Public Works, for the approval of engineering design submissions. Fifty per cent (50%) of the fee is to be paid prior to the first submission of engineering drawings with the balance of the fee (50%) being paid prior to approval of the final set of engineering drawings.", and further, That this administration fee be implemented as of January 1, 1993 for all engineering drawings submitted to the Public Works Department on or after that date. That the following concrete sidewalks located on walkways leading into park areas not be cleared during the winter months, namely: Rockway St. Mary's Ward (2) 66 Gottscheer Court at Mausser Park Stanley Park Ward (5) 108 Tupper Crescent to apartment Chicopee Ward (6) 17 32 102-106 210-214 35-30 Cherokee Court Underhill Crescent to back of ski hill Viewmont Close to Franklin Park Corfield Place Broadview Court Fairview Ward (7) 108-182 65-75 Coachill Drive Hillside Drive at Cedarhill Park South Ward (8) 73-301 24-32 50-56 9-19 51-57 131-35 Ristau Place Roseneath Crescent at McLennan Park Blackhorne Crescent into McLennan Park Farrier Place at Upper Canada Park Farrier Place at Upper Canada Park Anvil Street Forest Ward (9) 164-170 49-46 14-18 54-60 96-102 53-57 19-23 Westheights Drive to Sandrock Greenway Charnwood Court to Trailview Park Cricket Hollow to Trailview Park Newbury Drive to parkland Newbury Drive to parkland Rolling Meadows Drive to H.E.P.C. Cora Drive PUBLIC WORKS AND TRANSPORTATION COMMITTEE SEPTEMBER 21, 1992 COUNCIL M/NIYFES - 547 - SEPTEMBER 21, 1992 5. (Cont'd) 26-34 31-35 147-151 Highview Place to Driftwood Park Stonehenge Place Stonehenge Place West Ward (10) 118 18-24 324 Mooregate Crescent at A.R. Kaufman School Stoke Drive to Henry Sturm Greenway Lawrence Avenue to Belmont Park and further, That this policy apply to all new concrete walkways of this nature constructed in the future. That the Natural Gas Rates, as presented to the Public Works and Transportation Committee on September 14, 1992, and as approved by the Ontario Energy Board, be implemented effective September 1, 1992. That the Director of Utilities be authorized to negotiate a Direct Purchase arrangement for all remaining 'system gas' supplies for the City of Kitchener, and further, That the Director retain an independent consultant to perform a risk analysis and recommend mitigative steps to minimize all risks associated with a Direct Purchase arrangement, and further, That the Director report his findings and recommendations to Council. That U-turns be prohibited on Caryndale Drive between Biehn Drive and Chapel Hill Drive, and further, That the Uniform Traffic By-law be amended accordingly. COMMITTEE OF THE WHOLE MINUTES SEPTEMBER 21, 1992 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. Licenses a) Oktoberfest - Street Vendors It was resolved: "That Carlsbad Speciality Foods Ltd. be granted permission to sell soft pretzels on Kitchener Streets from portable stands, located on Benton Street, Benton/King Corner and Frederick/Duke Corner, during Oktoberfest, October 9- 17, 1992, provided that the necessary $1.00 Hawker & Pedlar licence is obtained." b) Ontario March of Dimes Activity Centre It was resolved: "That the City of Kitchener has no objection to a Lottery Licence being issued to the Ontario March of Dimes Activity Centre to conduct a Raffle Lottery at Market Square, 25 Frederick Street, Kitchener, on October 17, 1992." c) K-W Oktoberfest Inc. - Monte Carlo Events It was resolved: "That the City of Kitchener has no objection to Provincial licences being issued to the Kitchener-Waterloo Oktoberfest Inc. to conduct Monte Carlo events at Bingeman Park Farms and the Valhalla Inn during Oktoberfest, October 9-17, 1992." d) K-W Kinsmen Club Inc. It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the K-W Kinsmen Club Inc. to conduct a Monte Carlo event at the Kiwanis Twin Pad Arena, Kitchener Memorial Auditorium during Oktoberfest, October 9- 13, 1992." e) Salvadorian Women Co-op It was resolved: "That the Salvadorian Women Co-op be granted permission to sell hand made crafts at Market Square, 25 Frederick Street, Kitchener, on September 25 & 26, 1992 provided that a Charitable Hawkers & Pedlars Licence is obtained." f) Optimist Club of Stanley Park COMMITTEE OF THE WHOLE MINUTES SEPTEMBER 21, 1992 REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Optimist Club of Stanley Park to conduct a Monte Carlo event at Bingeman Park, Kitchener, during Oktoberfest, October 9-18, 1992." Licenses (Cont'd) g) h) J) k) Cedar Hill Community Association It was resolved: "That the Cedar Hill Community Association be granted permission to conduct a Raffle Lottery in the City of Kitchener with the draw to be held on October 10, 1992 at 265 King Street East, Kitchener." Ventures Drum & Buqle Corps It was resolved: "That the Ventures Drum & Bugle Corps be granted permission to operate a Refreshment Vehicle on the sidewalk adjacent to the Oktoberfest Office, 17 Benton Street, Kitchener, during Oktoberfest, October 9th to 18th, 1992, provided that the necessary licence and Health and Fire approval is obtained." Achievement in Motion It was resolved: "That the Achievement in Motion be granted permission to conduct two raffle lotteries in the City of Kitchener with the draws to be held as follows: October 17, 1992 at Fairview Park Mall, 2960 Kingsway Drive, Kitchener November 14, 1992 at Market Square, 25 Frederick Street, Kitchener." Beth Jacob Conqreqation It was resolved: "That the City of Kitchener has no objection to a Provincial Licence being issued to Beth Jacob Congregation to conduct a Raffle Lottery with the draw to be held on March 14, 1993 at 161 Stirling Ave. South, Kitchener." Kitchener Waterloo Gymnastics Club It was resolved: "That the Kitchener Waterloo Gymnastics Club be granted permission to conduct a raffle lottery in the City of Kitchener with the draw to be held on December 12, 1992 at 805 Victoria St. South, Kitchener." Quit Claim Deed re Reqional Sewaqe Pumpinq Station - CHICOPEE WARD It was resolved: "That the Mayor and Clerk be authorized to execute a quit claim deed in favour of The Regional Municipality of Waterloo for part of Lot A, Registered Plan 40, designated as Parts 1 and 2 on Plan 58R-8162; COMMITTEE OF THE WHOLE MINUTES SEPTEMBER 21, 1992 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) And further, that the Mayor and Clerk obtain an easement for sanitary sewer purposes from The Regional Municipality of Waterloo over the said Part 2." Enqineerinq Aqreement It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made Enqineerinq Aqreement (Cont'd) between the City of Kitchener and Cumming Cockburn Limited, regarding Borden Greenway and Shoemaker Greenway Culverts at Greenbrook Dr. and Stirling Ave. and the reconstruction of the Shoemaker Trunk Sanitary Sewer on Stirling Ave. at Homer Watson Blvd." Request for Easment - BRIDGEPORT NORTH WARD It was resolved: "That the Mayor and Clerk be authorized to execute a grant of easement in favour of Bell Canada over lands designated as part of Part 12, 58R-7231 ." Extension of Lease - WEST WARD It was resolved: "That the City authorizes the lease of approximately 420 square metres of land being part of Henry Sturm Greenway in the vicinity of Highland Road West and Westmount Road to Trujay Holdings Limited for use in connection with their adjacent commercial property at a basic rental of $1,680.00 per annum for a ten year term. Further, that the Mayor and Clerk be authorized to execute all necessary documentation in connection with the lease." Compliance with Restrictive Covenants - BRIDGEPORT NORTH WARD It was resolved: "That the City confirms that on September 21, 1992 the property described as Part 1 on Reference Plan 58R-4941 and municipally known as 80 Dumart Place complied with the restrictive covenants set out in Instrument No. 852573." Consents - SOUTH WARD It was resolved: "That the City consents to the transfer from Twingate Construction Limited to Siggi Leipold and further to the transfer from Siggi Leipold to Aylmer Music Inc. of the property described as Unit 6, W.N.C.C.No. 170 and municipally known as 62 McBrine Place, Kitchener." - and - "That the City consent to a transfer from Equitable Life Insurance Company of Canada to Josef and Maria Balazic for the property described as Units 9, 19 & 20, W.N.C.C. No. 150 and municipally known as 49 Mclntyre Place, Kitchener." 8. Extension to Temporary Exemption - Municipal Code, Chapter 450 (Noise) COMMITTEE OF THE WHOLE MINUTES SEPTEMBER 21, 1992 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) Mr. R.W. Pritchard clarified that the request from County Sewer & Watermain Ltd. was for an extension to a previous exemption to Chapter 450 (Noise) of the Municipal Code granted by City Council on June 1, 1992. He explained the circumstances relative to delay in commencement of the work resulting in the necessity to approve a new exemption. It was resolved: "That County Sewer & Watermain Ltd. be granted an extension to a temporary exemption from Chapter 450 (Noise) of the City's Extension to Temporary Exemption - Municipal Code, Chapter 450 (Noise) (Cont'd) Municipal Code in order to allow excavation and construction of the K-W Drive-In site from 7:00 a.m. to 7:00 p.m. daily up to November 30, 1992 inclusive." Tenders Tender T92-60 - Parking Equipment listed on the agenda as Item 9(a) was dealt with under delegations. Alderman T. Galloway referred to Tender T92-63 pertaining to ready mix concrete and noted that the Iow bidder was not being recommended but questioned why details of the second and third Iow bids were not explained. Mr. F. Clement advised that when all of the extras were taken into account, staff had recommended that the bidder with the lowest ultimate cost be awarded the contract, which in this case was the fourth lowest bid. It was resolved: "That proposal P92-57, Transit Operations System, be awarded to Systemware Inc., Toronto at their proposed price of $201,100. including installation, plus G.S.T., subject to a successful contract being negotiated and the approval of 75% capital funding from the Ministry of Transportation Ontario." - and - "That tender T92-62, Domestic Hot Water Tank Conversion, be awarded as follows: Locations #1 2, 3, 6, 7, 10, 11 and 12 to Overland Plumbing and Heating, Waterloo at their tendered price of $64,362. Locations #4, 5, 8 and 9 to Columbia Mechanical Services Inc., Waterloo at their tendered price of $27,963." - and - "That tender T92-71, Gas Pipeline Construction, be awarded to R.L. Coolsaet of Canada Limited, Brantford, Ontario at their tendered price of $769,153.68." - and - "That proposal P92-58, Remittance Processing System, be awarded to Data Capture Technologies Inc., Pointe Clare, Quebec at their proposed price (Option B) of $121,093.42 plus G.S.T. and P.S.T. on all taxable items." - and - "That tender T92-65, Track & Field Facility Upgrading, be awarded to M.P.M.S. Construction Limited, Pickering at their tendered price of $173,744., plus G.S.T." COMMITTEE OF THE WHOLE MINUTES SEPTEMBER 21, 1992 REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) - and - "That tender T92-54, Transit Centre Roof Replacement, be awarded to Nedlaw Roofing Limited, Breslau at their tendered price of $133,450., minus Section D4 in the amount of $19,423. for a balance price of $114,027. plus G.S.T." - and - "That proposal P92-67, Playground Equipment - Supply and Install, be awarded to Henderson Recreation Equipment Ltd., Norwich at their proposed price of $61,429,95., plus G.S.T." - and - a) That the applicant limit its bingo activities to the City of Kitchener b) That the applicant meet all terms and conditions of Kitchener's Consolidated Bingo Regulations as passed by City Council c) That the applicant meet with the Manager of Licensing to review the above 9. Tenders (Cont'd) "That tender T92-63, Ready Mix Concrete, be awarded to Canada Building Materials Company, Toronto (formerly K-W Blair Ready Mix), at their tendered unit prices." - and - "That tender T92-66, Supply and Delivery of Highway Coarse Salt, be awarded to Sifto Canada Limited, Mississauga at their tendered price." 10. Applications for Minor Variances a) K-W Oktoberfest Inc. and Voisin Developments Limited - Submission Nos. S 6/92 & S 7/92 - ROCKWAY ST. MARY'S & CHICOPEE WARDS b) Ottawa-River Developments Inc. - Submission No. S 8/92 - 1020 Ottawa Street North - STANLEY PARK WARD c) Mitch & Sharon Downey - Submission No. F 2/92 - WEST WARD The above noted items were dealt with under delegations. 11. Offer to Sell - 807 Zeller Drive - CHICOPEE WARD This item was dealt with under delegations. 12. Rescindinq of Resolution - SOUTH WARD It was resolved: "That the City accept the request of County Contracting of Wheatley Incorporated to cancel the sale of the closed part of Grand Hill Drive approved by Council on March 18, 1991 and authorize the City Treasurer to refund the $500.00 deposit." 13. Binqo Application/New Binqo Hall It was resolved: "That the City of Kitchener has no objection to a Provincial Licence being issued to Fathers for Justice, 380 King Street North, Waterloo, to conduct bingos at 329 King Street East, Kitchener, provided that Council's approval is subject to the following: COMMITTEE OF THE WHOLE MINUTES SEPTEMBER 21, 1992 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) regulations prior to any licence being issued d) That for record purposes, copies of all bingo reports for licences issued be forwarded to the municipality e) That all Provincial Bingo Lottery requirements are met." 14. Application for Cancellation, Refund, Reduction of Levy of Taxes It was resolved: "That the applications attached hereto and forming part of these minutes relative to cancellation, reduction, refund or levy of taxes be disposed of as recommended therein." Prior to consideration of this matter Alderman J. Ziegler disclosed a conflict of interest with regard to Item Nos. 44 and 45 (Bomac 14. Application for Cancellation, Refund, Reduction of Levy of Taxes (Cont'd) Video Inc. - Superflix) as monies were owing and Item No. 62 (Ron Day's) who was a former client. Alderman J. Ziegler abstained from all discussion and voting on these matters. 15. Refreshment Stands Durinq Oktoberfest It was resolved: "That the Queen Helena Canadian-Croatian Cultural & Charitable Society be granted permission to operate 3 Refreshment Stands on the sidewalks at the following intersections: King and Pine Streets King and Water Streets King and Frederick Streets during the Oktoberfest Parade on October 12, 1992, provided that the necessary licence and Health and Fire approval is obtained." 16. Sale of Lottery Tickets, Easter Seal Society It was resolved: "That the Easter Seal Society, 250 Ferrand Drive, Suite 200, Don Mills, be granted permission to sell Raffle Lottery tickets in the City of Kitchener under City of North York licence #M029503, for a draw to be held in the City of Kitchener on December 21, 1992." 17. Taq Days - Waterloo Regional Cadet Organization Police School - Cadet Corps. No. 1596 It was resolved: "That the City of Kitchener approves of the Waterloo Regional Cadet Organization Police School Cadet Corps. No. 1596 conducting a Tag Day in Kitchener on September 25 and 26, 1992." 18. Expropriation Settlement - 222-228 King St.W. & 9-11 College St. It was resolved: "That the City pay the sum of $13,006.04 on a without prejudice basis on account of legal and appraisal costs respecting the expropriation from Michael Klingbaum of COMMITTEE OF THE WHOLE MINUTES SEPTEMBER 21, 1992 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) 222-228 King Street West and 9-11 College Street for the new City Hall." 19. Revision to Lease Aqreernent (100 Years) - Truscan Realty Limited It was resolved: "That Section 2.01, Rent, in the Draft Lease between the City and Truscan Realty Limited, as submitted to Council by the City Solicitor under his letter of July 24, 1992 be deleted and replaced with the following: Section 2.01, Rent The tenant covenants with the Landlord to pay rent in the annual sum of $1.00. and further, That Council enter into the lease as amended above and the Mayor and Clerk be authorized to execute same." 20. Street Vendor - Oktoberfest - Kin Tien Sun It was resolved: "That Kin Tien Sun be granted permission to operate her hot dog cart on the sidewalk at the intersection of Green Street and King Street West, Kitchener, during the Oktoberfest Parade on October 12, 1992, provided that the necessary licence is obtained."