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HomeMy WebLinkAboutCouncil Minutes - 1992-10-26COU NCIL\1992-10-26 COUNCIL MINUTES OCTOBER 26, 1992 The Council of the Corporation of the City of Kitchener met this date with all members present. Alderman T. Galloway entered the meeting shortly after its commencement. On motion by Alderman C. Zehr, the minutes of the regular meeting held on October 13, 1992 and the special meeting held on October 14, 1992, as mailed to the Mayor and Aldermen, were accepted. A. Communication referred to Committee of the Whole (1) Letter dated October 21, 1992 to Members of Council from R.W. Pritchard, Commissioner of General Services & City Clerk relative to applications for cancellation, refund, reduction or levy of taxes. Mayor D.V. Cardillo advised that Messrs. Clare Pomeroy and Jim Shuttleworth were in attendance to be recognized by City Council for their contribution to the municipality in connection with the building and co- ordination of the City of Kitchener Parade Float, commencing in 1976. Mayor Cardillo commented on the history of their involvement with the float which was strictly on a volunteer basis and expressed the City's appreciation for their time so generously given through the years. Mayor Cardillo then presented Messrs. Pomeroy and Shuttleworth with Certificates of Recognition. Mr. David Kresky appeared as a delegation in regard to clause 1 of the report of the City Hall Steering Committee of this date. He questioned the cost of renovation to the Duke-Ontario Street City Offices, part of which includes provision for employee shower facilities and stated that the Tax Watch Organization considers the expenditure for such shower facilities to be a considerable amount of money that would benefit only a very small number of people. He also questioned the plan to utilize monies for the renovation out of the City Hall Contingency Fund and recommended that if the proposal was to be considered it be held over for consideration at budget time as it was not a new City Hall related project. Further, he commented that if such a facility was to be developed, it should be paid for by its users. In summary, he stated that Tax Watch was opposed to City funds being used to pay for the employee shower installation and asked that Council not approve the recommendation. Alderman T. Galloway entered the meeting at this point. Alderman G. Lorentz suggested that it might be advantageous for Tax Watch representative to attend committee meetings rather than obtain information in a haphazard manner. Alderman M. Wagner reviewed the process that had taken place to date with regard to the employee shower proposal and pointed out that the City was trying to encourage people to bike to work and that there were inherent savings in such an initiative, i.e. he indicated that as more people bike to work, there would be a reduction in the number of parking spaces required to be provided in the downtown. Moved by Alderman C. Zehr Seconded by Alderman G. Leadston That clause 1 of the report of the City Hall Steering Committee of this date be adopted. Alderman G. Lorentz stated that he was opposed to the Committee recommendation and could not support such an expenditure. Alderman Lorentz requested that at the time a vote was taken on the motion, that it be by recorded vote. Further discussion of the merits of the employee shower facility took place. It was suggested that the expenditure should be dealt with as a budget matter and not approved out of the City Hall Contingency Fund. In addition, it was suggested that staff look into public use of such a facility by those in the downtown. Moved by Alderman J. Ziegler Seconded by Alderman J. Smola That clause 1 of the report of the City Hall Steering Committee of this date be deferred and referred to the 1993 Capital Budget discussions of the Finance and Administration Committee. A recorded vote was taken. In Favour: Mayor D.V. Cardillo and Aldermen T. Galloway, J. COUNCIL M/NUTES - 611 - OCTOBER 26, 1992 Smola, B. Stortz, M. Wagner, C. Weylie, M. Yantzi, C. Zehr and J. Ziegler. Contra: Aldermen G. Lorentz and G. Leadston. Carried. Mr. Mark Zarzycki appeared as a delegation with regard to clauses 7 & 8 of the report of the Planning & Economic Development Committee of this date which dealt with a request for use of 2209 Kingsway Drive for purposes of a bridal rental business. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie That clauses 7 & 8 of the report of the Planning & Economic Development Committee of this date be adopted. Carried. A number of delegations were registered to speak in support of a recommendation in staff report DOTR92-42 which was defeated at the October 19 meeting of the Public Works and Transportation Committee that would authorize the conversion of eight existing bus bays on King Street between Frederick Street and Francis Street into 27 metered parking spaces. Mr. C. Costley appeared as a delegation to request approval of the proposal for 27 metered parking spaces. He reviewed some of the reasons for the request that were mentioned at the Committee meeting and advised that he had a petition containing 1,170 signatures in favour of the proposal which, if approved, would be on the basis of a one year trial period and subsequent assessment of its impact on the downtown. Alderman G. Leadston advised that he was willing to support the proposal but questioned what assurances Mr. Costley could give that the downtown merchants would not be using these parking spaces which would be adjacent to their businesses. Mr. Costley responded that the Downtown Business Association would be monitoring the use of these spaces and emphasized that the merchants understood the value of these spaces in attracting customers given the Iow level of economic activity. Alderman Leadston questioned if the Downtown Business Association would be prepared to publish the name of any merchant in their newsletter who was caught using the parking spaces. Mr. Costley advised that that action would be an issue for the downtown executive to decide upon. Alderman M. Wagner questioned the use of the word "animation" by Mr. Costley in his earlier remarks and Mr. Costley explained that particularly on week nights, a lot of activity on King Street is not seen because of the lack of parking spaces, but that with parking there would be people coming and going which would leave a perception of ongoing activity. Ms. Lucille de Chevriere, operator of the Book Store and Exchange, advised that it was ten years since she has last attended Council and stated that she could not understand why the sidewalks were widened and meters removed. She requested that the parking meters be brought back in order to assist in re- attracting people to the downtown. Mr. Robert Braun advised that he was the incoming Chairman of the Kitchener Downtown Business Association and that speaking for all merchants, they need every advantage they can get. He thanked Council for its long standing support of the downtown and indicated that there was a need to give shoppers the perception of parking availability and at least give them opportunity to utilize metered street parking. Mr. Dale Bilton, Manager of the Canadian Imperial Bank of Commerce, King and Queen Branch, pointed out that customers frequently remarked on the need for quick accessible short term parking. Ms. Anita Good stated that as merchants they have always been strong proponents of downtown parking and that many of their customers come by vehicle, some of whom have physical disabilities and that parking nearby would help to assist them in reaching their shopping destination. Further, she commented that a large number of customers are from out-of-town who would rather than park on the main street near to the business that they are frequenting rather than in a lot on a side street. COUNCIL 1VHNUTES - 612 - OCTOBER 26, 1992 Mr. Tom Cahill appeared as a delegation on behalf of the Business Recruitment Sub-Committee of the Kitchener Downtown Business Association. He commented that downtown shoppers evaporated after the King Street sidewalks were widened a number of years ago and stressed that the problem created by a lack of parking on King Street was real and that it was not a perceived problem. Mr. Cahill noted that three sub-committees of the Downtown Business Association have been working to improve the situation of the downtown and that support from all of Council was required to remove the barrier that a lack of visible parking opportunity on King Street has created. Members of Council commented on the request and indicated their support based on a one year trial basis being a practical way to experiment at no net cost to the City. Mayor D.V. Cardillo indicated that he was opposed to the request given the concerns expressed by staff in regard to the provision of emergency and transit services, the loss of street furniture and pedestrian amenities and the impact on street maintenance including snow removal. Moved by Alderman B. Stortz Seconded by Alderman G. Lorentz That the existing eight (8) bus bays on King Street between Frederick Street and Francis Street be converted to parking bays to accommodate twenty-seven (27) spaces, further, That the twenty-seven (27) spaces be controlled by one hour parking meters at the existing downtown rate of one dollar ($1) per hour, 8 a.m. to 6 p.m. Monday to Thursday and Saturday, and 8 a.m. to 9:30 p.m. Fridays, further, That the affected bus stops be relocated to curb side locations, as determined by Kitchener Transit with minimal relocation of street furniture, further, That stopping be prohibited in the vicinity of the relocated bus bays, further, That an overexpenditure of $25,000 in the 1992 Parking Enterprise Operating Budget be approved for the purchase and installation of 27 parking meters and equipment, and to pay for the necessary remedial work (relocation of street furniture and bus stops), further, That the Uniform Traffic By-law be amended accordingly, and further, That the parking arrangement be approved on a one(l) year trial basis, after which a review will be undertaken by all affected departments to determine if the program should be maintained, expanded or eliminated. A recorded vote was requested. In Favour: Aldermen M. Wagner, B. Stortz, T. Galloway, G. Leadston, C. Zehr, J. Smola, J. Ziegler, C. Weylie, M. Yantzi and G. Lorentz. Contra: Mayor D.V. Cardillo. Carried. Moved by Alderman C. Weylie Seconded by Alderman M. Yantzi That clause 2 of the report of the Planning & Economic Development Committee of Council of this date be adopted. Carried. Alderman J. Ziegler disclosed a conflict of interest and abstained from all discussion and voting, as his parents own property near to the lands affected by the Country Hills East Community Plan. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie That the balance of the report of the Planning and Economic Development Committee of Council of this date be adopted. COUNCIL M/NIYFES - 613 - OCTOBER 26, 1992 Alderman T. Galloway referred to clause 10 of the Committee report and indicated that he had a number of questions that he was unable to ask at the Committee meeting when the Municipal Housing Statement was considered. In terms of the home ownership issue, he questioned how ownership ratios and the distribution of the type of housing within the City of Kitchener compare to the City of Waterloo. Ms. Frenette advised that she did not know whether the City of Waterloo had this information available. Alderman Galloway referred to the fact that many years ago, Kitchener was known to have a high percentage of home ownership and questioned if anyone was charting changes in this regard. Ms. Frenette stated that the trend that was being experienced in Kitchener was a common characteristic of large cities where the ownership of single homes becomes more and more difficult. Alderman Galloway expressed a concern that there were no comments in the Municipal Housing Statement report that clearly stressed the importance of home ownership. Ms. Frenette commented that other things in the report do assist in encouraging home ownership. Alderman Galloway requested that in the preparation of future reports, staff detail what incentives the City could undertake to promote home ownership and provide a strong emphasis on this within the report. In regard to the issue of intensification within the report, Alderman Galloway stated that based on discussions that have taken place, it was his understanding that approving the document in no way implies Council's support of intensification in respect to the issue of second units in existing dwellings. Ms. Frenette confirmed that Alderman Galloway's understanding was correct and Alderman Galloway pointed out that he was in the process of concluding a survey relative to this matter and wanted to ensure that his understanding was documented in the minutes. The report was then put to a vote. Voted on clause by clause. Clauses 7 & 8 - Dealt with under Delegations and Carried. Balance of Report - Carried. Moved by Alderman C. Zehr Seconded by Alderman G. Lorentz That the report of the City Hall Steering Committee of this date be adopted. A question was raised with regard to clause 6 and Mr. T. McKay pointed out that the figure of $32,830 represented the amount in excess of a $200,000 lump sum that was previously budgeted toward the security package. Alderman G. Leadston referred to clause 4 regarding the process to select a name for the Civic Square and Alderman C. Zehr advised that a public advertisement would be undertaken in this regard. For the record, Aldermen B. Stortz and M. Wagner indicated that they had not been promoting any particular name to clarify an erroneous report that was carried in the issues of the Kitchener-Waterloo Record. The report was put to a vote. Voted on clause by clause. Clause 1 - Dealt with under Delegations and action deferred and referred to the 1993 Capital Budget discussions of the Finance and Administration Committee. Balance of Report - Carried. Moved by Alderman G. Lorentz Seconded by Alderman T. Galloway That the report of the Community Services Committee of this date be adopted. A brief discussion took place with regard to clause 2 and Alderman M. Wagner commented on a number of reasons that support removal of the tree. COUNCIL 1VHNIYI~ES - 614 - OCTOBER 26, 1992 The report was then put to a vote. Carried. Moved by Alderman C. Zehr Seconded by Alderman G. Lorentz That the report of the Finance and Administration Committee of this date be adopted. Carried. Moved by Alderman M. Wagner Seconded by Alderman M. Yantzi That the report of the Local Architectural Conservation Advisory Committee of this date (October 9, 1992) be adopted. Alderman C. Zehr referred to clause 1 of the report and questioned why the entire park rather than just the community swimming pool was being designated. Mr. J. Wallace, City Solicitor, advised that designating an area less than the size of the park would result in expenses being incurred to prepare a reference plan. Alderman J. Ziegler advised that he was opposed to clauses 1, 3, & 4 of the report and indicated that he could not understand why the City would designate a swimming pool under the Ontario Heritage Act. Alderman M. Wagner indicated that procedurally, clauses 3 & 4 should be brought to City Council by the Local Architectural Conservation Advisory Committee and at that point Council should refer these matters to the Planning and Economic Development Committee for consideration. Mr. T. McKay pointed out that at the administrative level, the list of expenditures referred to in clause 4 has been included in the City's Capital Budget for consideration. The report was then put to a vote. Voted on clause by clause. Clauses 3 & 4 - referred to the Planning and Economic Development Committee to be dealt with prior to consideration of the 1993 Capital Budget by the Finance and Administration Committee. Balance of Report - Carried. Moved by Alderman M. Wagner Seconded by Alderman M. Yantzi That the report of the Local Architectural Conservation Advisory Committee of this date (October 16, 1992) 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. Carried. Alderman G. Lorentz advised Council that the City of Kitchener employees had surpassed their target goal to raise $60,000 on behalf of the United Way. Further, he noted that there was 100% participation by members of City Council as well. Alderman Lorentz requested that a letter be sent on behalf of City Council expressing their appreciation to United Way representatives within City Hall. Alderman G. Lorentz stated that since a new Police Chief has been appointed for Waterloo Region it would be beneficial if members of Council had the opportunity to meet with the Police Services Board and COUNCIL M/NIYFES - 615 - OCTOBER 26, 1992 the new Chief or just the Chief to discuss issues of concern relative to policing matters before the end of 1992. Mayor D.V. Cardillo indicated that he would deal with this request. Alderman G. Lorentz then referred to the K-W Record newspaper and its lack of coverage of City Hall Committee meetings. He questioned what action could be undertaken to encourage the newspaper to provide coverage of these meetings and commented that citizens have a right to expect that a newspaper that considers itself a community newspaper would undertake to report what is going on at City Hall. Mayor D.V. Cardillo asked that Council refer this request to him and that both he and Mr. T. McKay would address the matter with officials of the K-W Record. Moved by Alderman G. Leadston Seconded by Alderman C. Zehr That Mayor D.V. Cardillo, on behalf of City Council, send a letter expressing congratulations from the City of Kitchener to the Toronto Blue Jays organization for their achievement in winning the 1992 World Series Baseball Championship. Carried. Moved by Alderman G. Leadston Seconded by Alderman T. Galloway That a telegram be sent to Lennox Lewis wishing him every success relative to his scheduled October 31 Boxing Match. Carried. Alderman C. Zehr referred to a concern he had raised several weeks ago regarding a safety problem for pedestrians along King Street East south of Fairway Road and questioned when staff would be providing some follow up comment on the issue. He indicated that he was now in receipt of a petition from most of the residents of one building on King Street East expressing their concerns about pedestrian safety due to the lack of a sidewalk. Mr. D. Snow commented that the issue of sidewalk installation was a Public Works matter and his recollection was that the City did not have all the required widenings of the right-of- way to allow for installation of a sidewalk. Alderman Zehr noted that another development project was now in the approval process and suggested that there must be some developed properties that adjoin one another and would allow for installation of a sidewalk. Alderman Zehr requested that staff address this issue and refer it to the 1993 Capital Forecast for consideration. Alderman M. Yantzi referred to a letter dated October 26, 1992 that he had written to Members of Council requesting Council's support for the inclusion in the 1993 budget of approximately $21,000 for renewal of curb and gutter and boulevard on Eby Street South between Charles Street East and Church Street. He noted that the curbs in that section of Eby Street were in a state of disrepair and suggested that the work would provide a visible upgrade and be positive for the neighbourhood. Mr. T. McKay advised that bulk funding is allocated within the annual budget for such improvement works and he suggested that the request be referred to the Public Works Department to address within its priorities. Mr. S. Gyorffy commented that in terms of the condition of the curb and gutter, staff did not consider it to be a high priority issue but from an appearance stand point, he acknowledged that the work was desirable. Alderman B. Stortz advised that it has come to his attention that the City of Kitchener had agreed to fly the flag of Turkey and he questioned what the City's policy was with regard to the flying of flags. Mr. R.W. Pritchard advised that the unwritten policy was that all requests to permit the flying of flags were channelled to the Mayor for approval, but that Council did not have a formalized policy in this regard. Prior to considering the by-laws as listed on the agenda Council concurred to a request from Mr. Pritchard that the agenda description of the by-law listed as 9(m) under first reading and 1 l(m) under third reading, be corrected so as to refer to Westmount Road East and Block Line Road rather than Westmount Road and Bleams Road. Moved by Alderman C. Weylie Seconded by Alderman M. Yantzi That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to exempt a certain lot from Part Lot Control - Lot 28, Registered Plan 1730, COUNCIL M/NUTES - 616 - OCTOBER 26, 1992 Tamvale Crescent (b) Being a by-law to exempt a certain lot from Part Lot Control - Lot 23, Registered Plan 1721 - Old Huron Court (c) Being a by-law to exempt a certain lot from Part Lot Control - Lots 25 and 26, Registered Plan 1730 - Tamvale Crescent (d) Being a by-law to exempt a certain lot from Part Lot Control - Lots 20 and 24, Registered Plan 1721 - Old Huron Court (e) Being a by-law to exempt a certain lot from Part Lot Control - Lot 14, Registered Plan 1721 - Old Huron Court (f) Being a by-law to designate part of the property municipally known as 115 Woodside Avenue in the City of Kitchener as being of historical and architectural value (g) To authorize the construction of certain works as shown in Schedule "A" hereto as local improvements - Sportsworld Drive - Sanitary Sewers and Connections (h) 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 (i) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (J) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (k) 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 Being a by-law to amend Chapter 683 of the City of Kitchener Municipal Code with respect to Site Plan Control (m) Being a by-law to amend By-law 4830 known as the Zoning By-law - Ministry of Government Services - Westmount Road East and Block Line Road - No.88/73/W/ZJ (n) To confirm all actions and proceedings of the Council 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 C. Zehr as chairman. On motion the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the chair. Moved by Alderman C. Zehr 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. 10. Moved by Alderman C. Weylie Seconded by Alderman M. Yantzi That the by-laws listed on the agenda for third reading, namely: COUNCIL M/NIYFES - 617 - OCTOBER 26, 1992 (a) (b) (c) (d) (e) (f) (g) (h) (i) (J) (k) (i) Being a by-law to exempt a certain lot from Part Lot Control - Lot 28, Registered Plan 1730, Tamvale Crescent (By-law No. 92-237 Being a by-law to exempt a certain lot from Part Lot Control - Lot 23, Registered Plan 1721 - Old Huron Court (By-law No. 92-238) Being a by-law to exempt a certain lot from Part Lot Control - Lots 25 and 26, Registered Plan 1730 - Tamvale Crescent (By-law No. 92-239) Being a by-law to exempt a certain lot from Part Lot Control - Lots 20 and 24, Registered Plan 1721 - Old Huron Court (By-law No. 92-240) Being a by-law to exempt a certain lot from Part Lot Control - Lot 14, Registered Plan 1721 - Old Huron Court (By-law No. 92-241 ) Being a by-law to designate part of the property municipally known as 115 Woodside Avenue in the City of Kitchener as being of historical and architectural value (By-law No. 92-242) To authorize the construction of certain works as shown in Schedule "A" hereto as local improvements - Sportsworld Drive - Sanitary Sewers and Connections (By-law No. 92-243) 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. 92-244) 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. 92-245) 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. 92-246) 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. 92-247) Being a by-law to amend Chapter 683 of the City of Kitchener Municipal Code with respect to Site Plan Control (By-law No. 92-248) COUNCIL M/NIYFES - 618 - OCTOBER 26, 1992 (m) (n) Being a by-law to amend By-law 4830 known as the Zoning By-law - Ministry of Government Services - Westmount Road East and Block Line Road - No.88/73AN/ZJ To confirm all actions and proceedings of the Council (By-law No. 92-249) (By-law No. 92-250) 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 M/NUTES - 619 - OCTOBER 26, 1992 REPORTS ADOPTED BY COUNCIL - OCTOBER 26, 1992 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE That the Commissioner of General Services and City Clerk be directed to advertise the following positions on the Adaptive Re-Use of Industrial Buildings Sub-Committee: - Two Private Sector Developers - One Planning Consultant That PD 80/87 - Country Hills East Community Plan as revised by Kitchener City Council on September 10, 1990 and May 18, 1992, be revised as follows: That Map B - Community Plan and Map D Floodplain and Environmental Areas dated 1990/06 and 1989/09 respectively be replaced by revised Maps B and D dated 1992/09 (attached). That Policy 3.5.3 be revised to add the following sentence: "The Secondary School on the site shall be located above the Regulatory Floodline." That Policy 3.5.4 be revised to add the following sentence before the existing last sentence of the policy: "All structures such as buildings, fences, bleachers, etc. shall be located above the Regulatory Floodline." That Policy 3.5.5 be revised to add the following sentence: "All structures such as buildings, fences, playground equipment, etc. shall be located above the Regulatory Floodline." It is the opinion of this Committee that the approval of these revisions is proper planning for the City. That Council accept the comments prepared by the Department of Planning and Development for the draft Housing Amendment to the Regional Official Policies Plan and forward the following recommendations to the Regional Municipality of Waterloo. That Policy 9.1 be amended to include third sector housing providers as one of the groups to be consulted in the setting of the Regional housing targets. 2) That Policy 9.4(5) be revised to include all households, not just seniors and special need populations as benefitting from a broad range of housing types. 3) That Policy 9.17 be revised to make allowance for density reductions as part of comprehensive planning studies which seek to achieve a balance of densities or a distribution of densities in a planning area. 4) That Policy 9.30 be revised to include all individuals as potential beneficiaries of garden suite housing and not restrict their occupancy to seniors and special needs populations. 5) That under Part IV - Implementation, the Region not consider implementing the requirement for 25% affordable housing on a site-specific basis. That City Council adopt the Kitchener Housing Monitoring Report dated October 9, 1992, which provides a system for monitoring the supply of residential land and housing supply in accordance with the requirements of the Provincial Policy Statement regarding Land Use Planning for Housing and that the Ministry of Municipal Affairs be requested to release the holdback to the financial assistance granted March 28, 1990 under the Community Planning Grant Program in the amount COUNCIL 1VHNUTES - 620 - OCTOBER 26, 1992 of $9,571.00. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE OCTOBER 26, 1992 That Kitchener Council support the position of the A.M.O. Planning Task Force and the Sewell Commission that the Province and Upper Tier Regional Governments get out of the Plans approval process. That Zone Change Application 92/24/O/JG (Albert Arndt) requesting a change in zoning from Township Agricultural (Twp. A.) according to By-law 878-A to Semi-Restricted Residential (R2A) with a special regulation on Part of Lot 118, German Company Tract be approved in the form shown in the proposed By-law, attached, dated August 25, 1992, subject to the following condition being satisfied prior to any reading of the amending Zoning By-law by Council: 1. 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. 2. 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. 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. That the Department of Planning and Development be directed to initiate an Official Planning Amendment and Zoning Change comprehensively amending the Service Commercial land use policies and the Service Commercial (C-6) zone under By-law 85-1 so as to allow a bridal apparel rental as a 3ermitted use. (DEALT WITH UNDER DELEGATIONS AND CARRIED). That in conjunction with a City Initiated Official Plan Amendment and Zone Change Application, Ms. Bobbie Pahl be granted temporary occupancy of the premises at 2209 Kingsway Drive for the purpose of opening a bridal apparel rental business. Further, that enforcement of the City's zoning by-law be waived with respect to 2209 Kingsway Drive subject to the occupant vacating the said premises at no expense or liability to the City in the event the City-initiated Zone Change should not be approved by City Council or by the Ontario Municipal Board. And further, that in the event of failure to vacate as required, the City's By-law Enforcement Officer be directed to commence notice of action to remove the illegal use and that any work being done to the premises is at the sole risk and responsibility of the owner in the event losses are incurred through a refusal of the zone change. (DEALT WITH UNDER DELEGATIONS AND CARRIED) That subject to all other required approvals being received with respect to Plans of Subdivision 30T-90019 and 30T-89018 (Freure Developments Limited and Voisin Developments Limited), we approve the request to change the application of Clause 51(e) of the Subdivision Agreement with Freure Developments Limited requiring completion of International Place to Ottawa Street South COUNCIL 1VHNUTES - 621 - OCTOBER 26, 1992 prior to occupancy rather than prior to issuance of any building permits. 10. That Council of the City of Kitchener accept the Municipal Housing Statement dated July 1992 and refer it to the Regional Municipality of Waterloo and the Ministry of Housing for approval. CITY HALL STEERING COMMITTEE OCTOBER 26, 1992 That the Duke-Ontario Street offices be renovated to accommodate Safety Training, By-law Enforcement and Traffic Personnel, and Employee Shower facilities at an estimated cost of $105,000; and that this be charged to the Construction Contingency Account. (DEALT WITH UNDER DELEGATIONS AND ACTION DEFERRED AND REFERRED TO THE 1993 CAPITAL BUDGET DISCUSSIONS OF THE FINANCE AND ADMINISTRATION COMMITTEE). That no action be taken on the current Horticultural proposal, and that the Architect be directed to develop a proposal for interior plants for the public areas in conjunction with the Horticultural Staff of the Parks and Recreation Department, and the Landscape Architect. That the two Finalists in the National Sculpture Competition each receive a $2,000 Maquette Fee to prepare their Final Proposals. That suggestions be requested from the community-at-large regarding the selection of an appropriate name for the Civic Square; and that suggestions be requested from City employees and members of City Committees for the naming of the Interior Rooms and the North Public Gardens. That the Students and Faculty of Conestoga College's Woodworking Centre of Ontario be invited to participate in the design, fabrication and finish of a new Mayoralty Board, constructed of Black Walnut. That the Project Manager be authorized to draw $32,830. from the Construction Contingency Account to prepare a Purchase Order for Weber Access Controls Inc. in the amount of $232,830. to provide the security package, including upgrades, as referred to in their letter of October 2, 1992. COMMUNITY SERVICES COMMITTEE That no action be taken on the request of the Church of Jesus Christ of Latter-Day Saints for a cash grant in the amount of $250.00 to assist with their Annual Nativity Pageant. That Parks & Recreation staff be directed to remove the Silver Maple on the boulevard in front of 106 Forest Hill Drive, Kitchener. That the Mayor acknowledge and thank the Honourable Peter North, Minister of Tourism & Recreation and M.P.P. William Ferguson for their support and capital grant in the amount of $366,660 towards the cost of constructing the MilI-Courtland Community Centre. FINANCE AND ADMINISTRATION COMMITTEE That Council agree, in principle, to the request of the YMCA for permission to lease City owned premises in Market Square, with staff being directed to prepare a suitable agreement. That the substance of the 1992 by-law to license street vendors in Victoria Park and at specific street locations be applied in 1993 with the additional provision that all street vendor licences issued within the designated area of the Kitchener Downtown Improvement Area Board of Management be subject to a 10% increase as a contribution toward the Kitchener Downtown COUNCIL M/NUTES - 622 - OCTOBER 26, 1992 Business Association. That the fee for the licensing of street vendors in Victoria Park and at specific street locations be increased by 2% in 1993. That in view of the exceptional nature of the loan requests by the occupants of 37 Market Lane (Oasis Ministries and The Waterloo Arts Council), staff be authorized to execute interior and facade loans, subject to the evaluation and criteria prescribed in Schedule A of the Facade and Interior Loan Programs. FINANCE AND ADMINISTRATION COMMITTEE OCTOBER 26, 1992 That Council accept the Terms of Reference for the Employment Equity Review Committee as outlined in the report of Ms. Gail Meyer dated October 9, 1992, subject to amending of the Committee membership to read: two representatives of City Council; one representative of the Kitchener Professional Firefighters' Association; three representatives from the community at large; the Commissioner of Administrative Services; and the Fire Chief, and further, That the Employment Equity Officer attend as a resource person and Aldermen T. Galloway and M. Yantzi represent City Council. That consideration of the initiative proposed by the Province of Ontario regarding the licensing of casinos be deferred and referred to the first meeting of the Finance and Administration Committee in January of 1993 pending receipt of additional information and an appropriate staff report. That staff be directed to take the necessary steps to place the City owned property at 310 Charles Street E. on the public market at an asking price of $500,000.00. LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE (October 9, 1992) That the by-law to designate the Harry Class Community Pool (formerly Woodside Pool), 115 Woodside Avenue, as being of historic and architectural significance under the Ontario Heritaqe Act, be registered on title against the entire 7 acre park. That we accept and support the report of the Conservation Review Board with respect to the Harvey Graber Transformer Station, 133 Graber Place, and further; That no action be taken to enact a designating by-law until such time as a sub-committee of the Local Architectural Conservation Advisory Committee has discussed the contents of the report with representatives of the Kitchener-Wilmot Hydro. That the City of Kitchener, in conjunction with the Local Architectural Conservation Advisory Committee (L.A.C.A.C.), initiate a phased program and, where necessary, retain heritage consultants to undertake the preparation of the following Heritage Conservation District Plans in the following order of priority: (a) Victoria Park (Previously approved by City Council in the action plan recommendations of the Victoria Park Neighbourhood Secondary Plan, November 23, 1987) (b) Civic Centre (c) Pioneer Tower (d) Downtown King Street Retail Area (Queen to Gaukel) Warehouse District and Breithaupt Street Area COUNCIL M/NIYFES - 623 - OCTOBER 26, 1992 (e) (f) (g) (h) Spadina Avenue Mill Courtland-Woodside Park Trussler Road Central Frederick. (REFERRED TO THE PLANNING & ECONOMIC DEVELOPMENT COMMITTEE TO BE DEALT WITH PRIOR TO CONSIDERATION OF THE 1993 CAPITAL BUDGET BY THE FINANCE AND ADMINISTRATION COMMITTEE). LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE (October 9, 1992) OCTOBER 26, 1992 That the allocation of funds as listed below to retain heritage consultants to undertake the preparation of Heritage Conservation District Plan be considered as part of the 1993 Budget Review for inclusion in the 10 year capital forecast: (a) Victoria Park ($40,000) (b) Civic Centre ($25,000) (c) Downtown Retail Core ($50,000) Warehouse District ($50,000) (d) Spadina Avenue ($30,000) (e) Mill Courtland-Woodside Park ($25,000) (f) Central Frederick ($30,000) - in 1994 - in 1995 - in 1997 - in 1998 - in 1999 - in 2001. (REFERRED TO THE PLANNING & ECONOMIC DEVELOPMENT COMMITTEE TO BE DEALT WITH PRIOR TO CONSIDERATION OF THE 1993 CAPITAL BUDGET BY THE FINANCE AND ADMINISTRATION COMMITTEE). LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE (October 16, 1992) That pursuant to Section 33 of the Ontario Heritaqe Act and subject to the applicant obtaining any necessary permits and entering into any required agreements, Council grant the owner's request to alter the property at 1-11 King Street W. (Walper Terrace) as outlined in the Local Architectural Conservation Advisory Committee (L.A.C.A.C.) sub-committee report dated October 15, 1992 (and amended at the L.A.C.A.C. meeting of October 16, 1992) and the architectural rendering by Briestensky Architects Limited entitled Elevation Study 5. PUBLIC WORKS AND TRANSPORTATION COMMITTEE That parking be prohibited Saturday and Sunday, 8:00 a.m. to 6:00 p.m., on the north side of Franklin Street from Bradley Drive to a point 133 metres west thereof, and Monday to Friday, 6:00 p.m. to 9:00 p.m. on the north side of Franklin Street from Ottawa Street to Bradley Drive, from April 1 to September 30, and further, COUNCIL MINUTES - 624 - OCTOBER 26, 1992 That the Uniform Traffic By-law be amended accordingly. COMMITTEE OF THE WHOLE MINUTES OCTOBER 26, 1992 A. BY-LAWS AS LISTED ON THE AGENDA - 2ND READING It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER 1. Execution of Master Proof of Loss It was resolved: "That the Mayor and Clerk be authorized to execute a Master Proof of Loss for the amount of $36,330.62 relating to extensive damages to the Bridgeport Municipal Building which occurred as a result of high winds on or about June 17, 1992." 2.Licenses (a)Kitchener Senior Volunteers Services Inc. It was resolved: "That the City of Kitchener has no objection to a Lottery Licence being issued to the Kitchener Senior Volunteers Inc., 310 Charles Street East, Kitchener, to conduct a Raffle Lottery at their offices on February 14, 1993." (b)Madorin, Snyder, Carere, Lackenbauer & Hertzberqer It was resolved: "That the laws offices of Madorin, Snyder, Carere, Lackenbauer & Hertzberger be granted permission to sell crafts and baked goods at the Canada Life Building, 235 King Street East, Kitchener, on December 9, 1992 provided that Hawker & Pedlar Refreshment Stand licences are obtained and that the regular licence fee be waived, and a nominal $1.00 licence fee be applicable." (c)Laurentian Hills Christian School It was resolved: "That the Laurentian Hills Christian School, 11 Laurentian Drive, Kitchener, be granted permission to sell crafts and baked goods at the Kitchener Lions Community Centre, 20 Rittenhouse Road, Kitchener, on November 7, 1992, provided that Hawker & Pedlar and Refreshment Stand Licences are obtained and that the regular licence fee be waived, and a nominal $1.00 licence fee be applicable." (d)St. John's-Kilmarnock School It was resolved: "That the City of Kitchener has no objection to a Provincial Licence being issued to the St. John's- Kilmarnock School to conduct a Raffle Lottery in conjunction with their Seventh Annual Ball to be held at the Valhalla Inn, Kitchener, on May 8, 1993." COMMITTEE OF THE WHOLE MINUTES OCTOBER 26, 1992 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) 2. Licenses (Cont'd) (e)The Kniqhts of Columbus Father Funcken Council No. 1504 It was resolved: "That The Knights of Columbus Father Funcken Council No. 1504 be granted permission to conduct a Raffle Lottery in the City of Kitchener with monthly draws commencing March 16, 1992 and ending February 15, 1994." (f)Hiqhland-Stirlinq Community Group It was resolved: "That the City of Kitchener has no objection to a Lottery Licence being issued to the Highland-Stirling Community Group, 216 Mill Street, Kitchener, to conduct a Raffle Lottery at the MilI-Courtland Community Centre." 3.Tender It was resolved: "That tender T92-77, Domestic Water Meters, be awarded to Samson Valve & Meter of Belleville, Ontario at their tendered price of $195,961.20." 4.Aqreement with Ministry of Transportation In response to Alderman J. Ziegler, Mr. W. Beck confirmed that the tender related only to development of relevant specifications of the system and did not make any further commitment. It was resolved: "That the Mayor and Clerk be authorized to execute an Agreement dated October 9, 1992, with Her Majesty the Queen, in right of the Province of Ontario, as represented by the Minister of Transportation, to provide 100% funding towards the development of specifications for a tender by the City of Kitchener on an Automatic Vehicle Location and Control (AVLC) System." 5.Aqreement - Truscan Realty Limited It was resolved: "1 .That the City of Kitchener enter into a 5 year agreement with Truscan Realty Limited to operate an 81 space parking lot at the corner of Charles and Ontario Streets. 2.That City Council authorize the overexpenditure of $15,000. for the purchase of a Pay and Display machine. 3.That the monthly rate be established at $50.00 per month to be consistent with other City operated monthly parking rates for surface parking in the core. 4.That the hourly rate be established at $1.00 per hour with a daily maximum of $6.00 to be consistent with other surface lots in the core area. 5.That acceptance of the above agreement be conditional upon the successful negotiation of a lease agreement to the satisfaction of the City Solicitor and subject to the approval of the Ontario Municipal Board." COMMITTEE OF THE WHOLE MINUTES OCTOBER 26, 1992 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) 6.Continuous Improvement Process Alderman J. Ziegler questioned raising the maximum value of field orders from $200.00 to $1,000.00. 6.Continuous Improvement Process (Cont'd) Mr. T. McKay commented that 85% of field orders result in paper work after the fact. Mr. F. Clement advised that the maximum value was last raised approximately 6 years ago from $125.00 to $200.00. He pointed out that the Department's workload was heavily influenced by a significant portion of Iow value orders which also amounted to a Iow dollar value. Alderman C. Zehr advised that a detailed review had earlier been provided to City Council and that the recommendation under consideration originates from that review which was carried out under the Continuous Improvement Process. It was resolved: "That clause 170.14.5 of the Kitchener Municipal Code be changed: FROM: 'Cash payments may be made on purchases against field orders for goods that are picked up by an authorized member of the Stores Section provided that they do not exceed two hundred ($200.00) dollars in value per order.' TO:'Field orders may be issued for goods or services to be picked up, delivered to, or provided to an authorized employee of the City of Kitchener provided the goods and services do not exceed one thousand dollars ($1,000.00) in value per order.'" 7.Appointment to Homer Watson House Foundation and K-W Art Gallery Sub-Committee Mr. R.W. Pritchard advised that the City has been requested to appoint a representative to a newly formed sub-committee of the Homer Watson House Foundation and the K-W Art Gallery. The purpose of the sub-committee is to examine the potential for closer co-operation between both organizations. It was resolved: "That the Chairman of the Community Services Committee be appointed as the City's representative on the Homer Watson House Foundation and K-W Art Gallery Sub-Committee, with the Chairman of the Finance Committee appointed as an alternate representative, and further, That Alderman G. Lorentz be appointed as the City's representative and Alderman C. Zehr as an alternate." 8.Applications for Cancellation, Refund, Reduction or Levy of Taxes Hearinq October 26, 1992 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." Alderman C. Zehr disclosed a conflict of interest with regard to Items 18 and 136 in the Tax Adjustment Summary and abstained from all discussion and voting as he had a pecuniary interest.