Loading...
HomeMy WebLinkAboutCouncil Minutes - 1992-12-14COUNCIL\1992-12-14 COUNCIL MINUTES DECEMBER 14,199 The Council of the Corporation of the City of Kitchener met this date with all members present. Before considering acceptance of the Special Council Minutes of November 23, 1992, it was agreed that the minutes should be amended to correct Item B.10 wherein it was shown that Dr. Douglas J. McCready was reappointed as a member of the Mayor's Task Force on Productivity Improvement, when in fact he was not reappointed. On motion by Alderman M. Wagner, the minutes of the special meeting held on November 23, 1992, as amended and the minutes of the regular meeting held on November 23, 1992, as mailed to the Mayor and Aldermen, were accepted. A. Communication referred to Committee of the Whole (1) Letter dated December 9, 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. Ms. Martha Welsh, Chairman of District 7, Ontario Lawn Bowls, appeared as a delegation to assist in the presentation to be made to Mr. Bill Boettger in recognition of his winning the Silver and Bronze Medals at the 1992 World Outdoor Bowls Championships held in Worthing, England. She noted that Lawn Bowling was first established in Kitchener in 1902 and provided a brief summary of some of the original participants in the local club. Ms. Welsh advised that Mr. Jim Keeling, President of Lawn Bowls Canada and Mr. Gord Twillinger, were also present to recognize Mr. Boettger. Mr. J. Keeling thanked Council for the opportunity to honour Mr. Boettger's achievements. He spoke on aspects of the sport which he emphasized was open to all men, women and children and noted that in 1993 Canada would be hosting an event with representatives from thirteen countries, while in 1994 the Commonwealth Games would be held in British Columbia. He then listed the accomplishments of Mr. Boettger in the sport. Mr. G. Twillinger also commented on recent winnings of Mr. Boettger and left copies with the City of congratulatory telegrams that have been received in recognition of Mr. Boettger. Mayor D.V. Cardillo, on behalf of the community and City Council presented a plaque to Mr. Boettger in recognition of his bowling achievements. Mr. Boettger expressed his gratitude for the recognition given to him this date. Mr. J. Beingessner appeared as a delegation representing Conestoga College in respect to a request that was made for a City contribution towards the College's Fundraising Campaign. Clause 10 of the Finance and Administration Committee report from its November 25 meeting recommends that a $500,000 allocation in 1997 for a grant to Conestoga College be removed from the Capital Budget and Forecast and Mr. Beingessner indicated that he felt the message that the College was attempting to convey needed to be further explained. Mr. Beingessner commented on the impact that the $11,000,000 development would have both in short term job creation that the project would bring and the long term cash flow that would be generated to the City as a result of the expansion and consolidation involving some 500 students who would be moving from other campuses to the Doon Campus. Mr. Beingessner referred to the questions that have been raised with respect to the matter of jurisdiction over education being purely a Provincial matter. However, he stated that capital projects have always been the subject of a local fund-raising effort and that there was long term precedent of Kitchener's involvement given its donation more than 25 years ago of the land on which the College now sits. In addition, he referred to other cities that have supported capital fund- raising campaigns by post secondary institutions. However, he noted that Kitchener as the host municipality would be a direct beneficiary of the project and stated that cash flow generated by the project to the City would offset the City's grant to the College within six to eight years. In response to Alderman G. Lorentz, Mr. Beingessner advised that the Industrial Coalition Group supports the College in principle and that part-time students do not have to pay a fee as part of their tuition for Capital Projects. Dr. John Tibbits explained that the Doon Student Association passed a resolution that provides for refund upon application of the $5 Capital Improvement Fee. Further, he noted that $442,000 has been donated COUNCIL MINUTES - 721- DECEMBER 14, 1992 to the Capital Project by members of Faculty, Management and Service Staff at the College. Alderman M. Wagner enquired if the funding request should have been dealt with on a uniform regional basis and Mr. Beingessner advised that they were approaching other cities, but Kitchener was designated as the lead donor. In response to Alderman Galloway, Mr. Beingessner advised that the City of Kitchener could specify the area that it wished its donation to apply to. Alderman J. Ziegler commented on the shortfall in revenues that the City was faced with and as an example referred to the closing of the Uniroyal Plant with a loss of $1.38 million in taxes. He pointed out that there were over 900 people who were currently paying property taxes and were on social assistance and questioned why they should subsidize through their property taxes a capital donation by the City to the Conestoga College Building Fund. In response to Alderman B. Stortz, Dr. Tibbits indicated that the funding assistance that will be requested of other cities will be in proportion to the number of students originating from the respective areas. Further, he stated that the fundraising campaign would be spread over five years. Mr. Fred Grespan also appeared as a delegation on behalf of the College and referred to the leading role that the City of Kitchener played in the mid -1960's to achieve development of the College in Kitchener. Mr. Bruce Duncan appeared as a delegation to present a submission opposing Conestoga College's request for financial assistance from the City of Kitchener. He challenged the justification for expansion of the Business Program when highly regarded M.B.A. university graduates are unable to find work and suggested it was irresponsible to lure high school students into such courses. Further, he stated that the argument that a business school would bring industry to Kitchener was not rational, as the area already has one of the finest business schools in Canada. Mr. Duncan then commented on his own teaching experience at Conestoga College wherein the resources were limited to such an extent that the value of the training programs was open to question. Alderman C. Zehr commented that at the Committee he had indicated that he could support a $300,000 donation on the basis that such donation would not affect the City's annual capital levy. Alderman M. Wagner questioned how many times the taxpayer is going to be asked to pay for "education". Moved by Alderman C. Zehr Seconded by Alderman B. Stortz That clause 10 of the report of the Finance and Administration Committee of this date (November 25, 1992 - Capital Budget) be adopted. Mayor D.V. Cardillo requested a recorded vote. In Favour: Mayor D.V. Cardillo and Aldermen M. Wagner, G. Leadston, C. Zehr, J. Ziegler, T. Galloway, G. Lorentz and C. Weylie. Contra: Aldermen B. Stortz, J. Smola and M. Yantzi. MOTION CARRIED. Messrs. Dave Kruis and Greg Fenton appeared as delegations on behalf of the University of Waterloo to request Council to support a grant relative to the provision of bus transportation to assist those attending the University of Waterloo Annual Benefit Semi -Formal. Alderman T. Galloway disclosed a conflict of interest and abstained from all discussion as he is employed by the University of Waterloo. The delegation indicated that a letter had been circulated earlier to Members of Council relative to this matter which is listed as clause 4 of the Community Services Committee report of this date in which a recommendation was being advanced that no action be taken on the request. It was indicated in the letter of the delegation that they understood that the Community Services Committee refused the grant request because it violated Article 7 of the City's Grant Policy. However, it was their position that the University of Waterloo Villages Benefit Semi -Formal falls directly under the mandate referred to within the Policy which was explained within their letter. Mr. Kruis then clarified aspects of the event in response to questions from members of Council. Moved by Alderman M. Wagner Seconded by Alderman G. Leadston COUNCIL MINUTES - 722- DECEMBER 14, 1992 That clause 4 of the report of the Community Services Committee (December 7, 1992) of this date be adopted. A recorded vote was requested. In Favour: Aldermen M. Wagner, G. Leadston, C. Zehr, J. Ziegler and B. Stortz. Contra: Mayor D.V. Cardillo and Aldermen M. Yantzi, J. Smola, G. Lorentz and C. Weylie. Conflict of Interest and Abstention: Alderman T. Galloway, as he is employed by the University of Waterloo. MOTION LOST on tie vote. Moved by Alderman G. Lorentz Seconded by Alderman B. Stortz That we approve an in-kind bus transportation grant in favour of U of W Villages Benefit Semi - Formal Fund in the amount of $500 representing partial cost of bus transportation to the Semi - Formal held on November 20, 1992. And further that this organization be informed at this time that no future requests for such a grant are likely to be approved by the City. Carried. Alderman T. Galloway disclosed a conflict of interest and abstained from all discussion and voting as he is employed by the University of Waterloo. Ms. Marie Barbosa, B & B Business Network, appeared as a delegation to object to the insufficient notice that was given to vacate 72 St. Leger Street under an "Unsafe Order" issued by Mr. J. Witmer in his capacity as Chief Building Official. She stated that it was her understanding that the sprinkler system, the alarm system and the emergency lighting system were deficient but that these contraventions had been addressed within 12 hours. She objected to the fact that she had only six hours notice to relocate her business from the building and questioned why it had to be closed immediately. Further, she commented that she has seen other buildings in much worse shape than 72 St. Leger Street. Alderman C. Zehr declared a pecuniary interest and abstained from discussion since one of his clients was a former tenant of the building. Mr. J. Witmer advised Council that as of this date, the building still does not have certification with respect to its fire alarm and sprinkler systems, nor is the building considered safe for occupancy. Mr. Witmer reviewed events leading up to issuance of the unsafe order and pointed out that it was an order to vacate with respect to individuals, not businesses. He advised that every effort was made to accommodate these individuals and their needs as much as possible and that the tenants have been allowed access to obtain essentials. In response to Alderman M. Yantzi, Mr. J. Witmer advised that he was working with City Fire Prevention Officials to prohibit a similar situation from recurring in the future. Ms. Janice Cardy, President of the Kidney Foundation of Canada, appeared as a delegation with respect to clause 3 of the report of the Community Services Committee of this date in which it was recommended that no action be taken on a request for an in-kind facility grant pertaining to rental of Victoria Park Pavilion. She stated that she thought the reason for the rejection related to clauses 8 & 9 of the City's Grant Policy. In respect to clause 8 regarding local organizations which are affiliated with a larger organization, she advised that 100% of the funds would remain in Kitchener to service patients. In regard to clause 9 she stated that it referred to situations where funding had been discontinued by other levels of government resulting in a request at the municipal level; however, she noted that their organization was not previously funded by other levels of government. In response to a question raised by Council, Mr. Jim Young, Vice President, advised that the majority of people purchase tickets for the event at the door and COUNCIL MINUTES - 723- DECEMBER 14, 1992 therefore he could not advise of the status of revenues from ticket sales at this time. Alderman C. Zehr indicated that when the Committee discussed the matter, it was his understanding that the rationale at that time was that the funding requested was essentially going into a fundraising pot. Moved by Alderman G. Lorentz Seconded by Alderman G. Leadston That clause 3 of the report of the Community Services Committee of this date be adopted. MOTION LOST. Moved by Alderman T. Galloway Seconded by Alderman M. Yantzi That we approve the request of the Waterloo -Wellington Chapter of the Kidney Foundation of Canada for an in-kind facility grant, in the amount of $394.83, relative to their use of the Victoria Park Pavilion on December 26, 1992. Carried. Mr. Guenther Nuessler, Progressive Engineering Services, appeared as a delegation, along with Mr. Werner Brummund, of Cybau Holdings Inc. to request that the Council reverse clause 7 of the report of the Planning and Economic Development Committee of this date which recommends refusal of his client's request to change the land use designation of a small parcel of land in the Highland West Community Plan. Mr. Nuessler noted that Cybau Holdings had significant land holdings in the municipality and was currently developing 123 acres bordering Victoria Street, Fischer -Hallman Road and Highland Road. He indicated that the development was approximately 80% complete except for four sites that were designated for multiple development. He noted that their request was to change the minimum density of the small parcel of land from 70 units to 26 units. His client has completed an economic assessment of development of the site and has found that within the City there are too many apartments and development was uneconomic and that this position is backed up by the Ministry of Housing which is not approving any more grants for similar projects. Mr. Nuessler stated that it was proposed that 26 town housing units be constructed and initially put on the market as rental units. Further, he stated that his client had been attempting to sell the parcel for four years and was unsuccessful. He pointed out that if the designation of the small site was not changed, it would remain vacant for years whereas the alternative to develop it with 26 town house units would generate annual taxes in the amount of $250,000 for the municipality. He commented that the site was only 1.7 acres and that the reduction in density being requested represented less than 1 % of the entire area. He clarified that there were no plans to request similar consideration relative to another site designated for a 400 unit apartment development and stated that the request would have a very minimal impact on the community plan. Alderman J. Ziegler stated that he was opposed to the Committee recommendation since the request was very minor in nature and at this time it was important for the municipality to encourage construction activity. Alderman C. Zehr stated that it was his view the requested reduction was too small to cause a problem in respect to the City's Housing Policy. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie That clause 7 of the report of the Planning and Economic Development Committee of this date be adopted. A recorded vote was requested. In Favour: Aldermen B. Stortz, M. Wagner, M. Yantzi, J. Smola, G. Leadston, G. Lorentz and C. Weylie. Contra: Mayor D.V. Cardillo and Aldermen J. Ziegler, C. Zehr and T. Galloway. Motion Carried. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie That the report of the Planning and Economic Development Committee of Council of this date be COUNCIL MINUTES - 724- DECEMBER 14, 1992 adopted. Alderman T. Galloway referred to clause 3 regarding an Official Plan Amendment Application for Pioneer Tower West and pointed out that since there was no secondary plan for the area, that a Plan of Subdivision should be processed concurrently with the Official Plan Amendment which would then allow residents to fully understand what was being proposed by the two developers. Mr. T. McCabe advised Council that this point was discussed with the developers and that the developers would be happy to submit a subdivision plan to avoid delay. Mr. McCabe advised that the department could process both together. Alderman Galloway asked that for the record it be indicated that a Plan of Subdivision could be processed concurrently and that a notice of this intent could be given when the matter was considered. The report was then put to a vote. Voted on Clause by Clause. Clause 7 - Dealt with under Delegations and Carried. Balance of Report - Carried. 2. Moved by Alderman C. Zehr Seconded by Alderman G. Lorentz That the report of the City Hall Steering Committee of this date be adopted. Carried. 3. Moved by Alderman C. Zehr Seconded by Alderman B. Stortz That the report of the Finance and Administration Committee of this date (November 25, 1992 - Capital Budget) be adopted. Alderman C. Zehr commented on some of the specific items contained in the Capital Forecast Program which was in a "balanced position". The report was then put to a vote. Voted on Clause by Clause. Clause 10 - Dealt with under Delegations and Carried. Balance of Report - Carried. 4. Moved by Alderman C. Zehr Seconded by Alderman B. Stortz That the report of the Finance and Administration Committee of this date (December 7, 1992 - regular and special meetings) be adopted. Carried. 5. Moved by Alderman G. Lorentz Seconded by Alderman G. Leadston That the report of the Community Services Committee (December 3, 1992) of this date be adopted. Alderman J. Ziegler indicated that he was opposed to the budget increase for the K -W Symphony Orchestra. Alderman T. Galloway stated that he was also opposed and indicated concern about the 10% increase factor agreed to by the previous Council. He stated that the Symphony was a regional asset and expressed concern that the City of Cambridge has chosen only to provide a token grant. He noted that if Cambridge was to provide a grant that was only 50% of the basis of Kitchener and Waterloo, there COUNCIL MINUTES - 725- DECEMBER 14, 1992 would be no need for the increase that Kitchener and Waterloo are required to support. Alderman B. Stortz referred to a major presentation that was made by the Orchestra two years ago at which time a commitment was given to increase their grant subject to conditions and he advised that the Orchestra has abided by its part of the commitment conditions. The report was then put to a vote and Carried. 6. Moved by Alderman G. Lorentz Seconded by Alderman G. Leadston That the report of the Community Services Committee (December 7, 1992) of this date be adopted. Voted on Clause by Clause. Clauses 3 & 4 - Dealt with under Delegations and LOST. Balance of Report - Carried. 7. Moved by Alderman C. Weylie Seconded by Alderman M. Yantzi That the report of the Environmental Committee of this date be adopted. Carried. 8. 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. On motion it was agreed that consideration of clause 6 be deferred to allow staff to prepare a further report for consideration by Council. In reference to clause 3, Mayor D.V. Cardillo requested that Mr. D. Suzuki consider the installation of curb and gutter on Bedford Road, if there were any monies remaining in Contingency following completion of the work. The report was then put to a vote. Voted on Clause by Clause. Clause 6 - Action deferred to allow staff to prepare a further report for consideration by Council. Balance of Report - Carried. Alderman T. Galloway referred to the recent Provincial Auditor General's report which had contained reference to an over -supply of 40% in affordable housing units. In reference to Kitchener Housing Inc., he requested that staff prepare a report for discussion at a future meeting on this question and that staff distribute the information contained in the Auditor General's report in conjunction with a staff report to be prepared for consideration by the Planning and Economic Development Committee. Mr. S. Klapman indicated that he would bring this matter forward as requested. Prior to consideration of the by-laws, Council consented to a request from Mr. R.W. Pritchard to add seven by-laws to the agenda for three readings each, being two zoning by-laws (Roger Fulton and Monarch Construction Limited), two Part Lot Control Exemption By-laws (Tamvale Crescent and Grulke Street) and three by-laws to amend the City of Kitchener Municipal Code (Licence Fees, Licensing Matters and Appointments of Staff). 9. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie COUNCIL MINUTES - 726- DECEMBER 14, 1992 That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to approve a Capital Expenditure for the undertaking of various Transit projects, at a total estimated cost of $316,000 and for the borrowing of money therefor (b) Being a by-law to amend By-law 4830 known as the Zoning By-law - Leslie Toth - Frederick Street - No. 92/22/F/CL (c) Being a by-law to provide for the widening of part of Irvin Street as a public highway in the City of Kitchener (d) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities (e) 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 (f) 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 (g) Being a by-law to provide for the establishing and laying out of part of Denlow Street as a public highway in the City of Kitchener (h) Being a by-law to exempt a certain lot from Part Lot Control - Part Block 36, Registered Plan 1727 - Bankside Drive (i) Being a by-law to amend Chapter 380 of the City of Kitchener Municipal Code with respect to Tariff of Fees Planning Matters (j) To confirm all actions and proceedings of the Council (k) Being a by-law to amend By-law 4830 known as the Zoning By-law - Roger Fulton - Samuel Street - No. 85/42/S/ZJ (1) Being a by-law to amend By-law 4830 known as the Zoning By-law - Monarch Construction Limited - Highland Road West - No.90/49/H/PMc (m) Being a by-law to exempt a certain lot from Part Lot Control - Lot 23, Registered Plan 1730 - Tamvale Crescent (n) Being a by-law to exempt a certain lot from Part Lot Control - Part of Lots 3 and 4, Registered Plan 1260 and part of Lot 33, Registered Plan 775 - Grulke Street (o) Being a by-law to amend the City of Kitchener Municipal Code so as to include the by-law as Chapter 501 with respect to the establishment of certain Licence Fees. (p) Being a by-law to amend various Chapters of the City of Kitchener Municipal Code with respect to Licensing Matters. (q) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment 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 M. Wagner as Chairman. On motion, the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the Chair. 10. Moved by Alderman M. Wagner Seconded by Alderman B. Stortz COUNCIL MINUTES - 727- DECEMBER 14, 1992 That the proceedings and the recorded conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes, be and the same are hereby adopted and confirmed. Carried. 11. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to approve a Capital Expenditure for the undertaking of various Transit projects, at a total estimated cost of $316,000 and for the borrowing of money therefor (By-law No. 92-272) (b) Being a by-law to amend By-law 4830 known as the Zoning By-law - Leslie Toth - Frederick Street - No. 92/22/F/CL (By-law No. 92-273) (c) Being a by-law to provide for the widening of part of Irvin Street as a public highway in the City of Kitchener (By-law No. 92-274) (d) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities (By-law No. 92-275) (e) 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. 92-276) (f) 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. 92-277) (g) Being a by-law to provide for the establishing and laying out of part of Denlow Street as a public highway in the City of Kitchener (By-law No. 92-278) (h) Being a by-law to exempt a certain lot from Part Lot Control - Part Block 36, Registered Plan 1727 - Bankside Drive (By-law No. 92-279) (i) Being a by-law to amend Chapter 380 of the City of Kitchener Municipal Code with respect to Tariff of Fees Planning Matters (j) To confirm all actions and proceedings of the Council (By-law No. 92-280) (By-law No. 92-281) (k) Being a by-law to amend By-law 4830 known as the Zoning By-law - Roger Fulton - Samuel Street - No. 85/42/S/ZJ (By-law No. 92-282) COUNCIL MINUTES - 728- DECEMBER 14, 1992 (1) Being a by-law to amend By-law 4830 known as the Zoning By-law - Monarch Construction Limited - Highland Road West - No.90/49/H/PMc (By-law No. 92-283) (m) Being a by-law to exempt a certain lot from Part Lot Control - Lot 23, Registered Plan 1730 - Tamvale Crescent (By-law No. 92-284) (n) Being a by-law to exempt a certain lot from Part Lot Control - Part of Lots 3 and 4, Registered Plan 1260 and part of Lot 33, Registered Plan 775 - Grulke Street (By-law No. 92-285) (o) Being a by-law to amend the City of Kitchener Municipal Code so as to include the by-law as Chapter 501 with respect to the establishment of certain Licence Fees. (By-law No. 92-286) (p) Being a by-law to amend various Chapters of the City of Kitchener Municipal Code with respect to Licensing Matters. (By-law No. 92-287) (q) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (By-law No. 92-288) 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 - 729 - DECEMBER 14, 1992 REPORTS ADOPTED BY COUNCIL - DECEMBER 14,199 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE 1. That Alderman J. Ziegler be appointed Chairman of the Planning and Economic Development Committee of Council for a term to expire November 30, 1993. 2. That Alderman C. Weylie be appointed Vice -Chairman of the Planning and Economic Development Committee of Council for a term to expire November 30, 1993. 3. That Planning and Development staff report PD 130/92 - Official Plan Amendment Application 92/21 - Pioneer Tower West (J.H.S. Properties Ltd and Krizsanderson Developments Limited) be referred to the January 18, 1993 meeting of the Planning and Economic Development Committee for consideration. 4. A) That the attached Official Plan Amendment 92/2 (Imperial Oil Limited & 722497 Ontario Limited) requesting an amendment to the High Density Residential category by adding a special policy to permit a car wash on lands described as Part Lot 1, Registered Plan 967, and Part Lot 12, Registered Plan 1278, be approved. B) That Zone Change Application 92/13/0/JW requesting a change in zoning from Service Station (C-7) with a special use provision according to By-law 85-1 and Semi -Restricted Residential with Density Control (R2-DC5) according to By-law 4830 to Service Station (C- 7) with a new special use provision according to By-law 85-1, on Part Lot 1, Registered Plan 967, and Part Lot 12, Registered Plan 1278, be approved in the form shown in the proposed By-law attached, dated September 21, 1992, as revised December 7, 1992, so as to add a special regulation pertaining to a 3.0 metre strip of land, subject to the following conditions being satisfied prior to any readings of the 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 development. 2. 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 92/13/0/JW by resolution. In the event this requirement is not fulfilled within the seven month period, Council shall consider rescinding its zone change approval. It is the opinion of this Committee that approval of these applications is proper planning for the City and that the zoning is in conformity with this recommended Amendment to the City's Approved Official Plan. 5. That Zone Change Application 42/85/S (Roger Fulton) requesting a change in zoning from Neighbourhood Commercial (Cl) to Semi -Restricted Residential (R2B) with special regulations according to By-law 4830, on Part of Lots 15 and 16, Registered Plan 414, be approved, in the form shown in the proposed By-law attached, dated November 2, 1992, as revised December 7, 1992 to include minor changes to Clause #2 of the proposed By-law, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Approved Official Plan. 6. That the Official Plan Amendment 92/4 (Huron Road west of Homer Watson Boulevard - Major Open Space) listed herein and the by-law implementing same be approved, namely: PLANNING AND ECONOMIC DECEMBER 14, 1992 COUNCIL MINUTES - 730- DECEMBER 14, 1992 DEVELOPMENT COMMITTEE SECTION 4 - THE AMENDMENT The Official Plan of the City of Kitchener is hereby Amended as follows: 1. Map 1, "Plan for Land Use" is amended as shown on the attached Schedule "A" from "Low Density Residential" to "Major Open Space". It is the opinion of this Committee that approval of this Official Plan Amendment is proper planning for the City. 7. That Planning and Economic Development Committee refuse the request of Cybau Holding Inc. to change the land use designation in the Highland West Community Plan from Medium Density Multiple Residential (101-200 uph) to Multiple Residential (26-40 uph) pertaining to Blocks 3 & 5, Registered Plan 1714 and Part 3, Reference Plan 58R-6811 situate on Bankside Drive. (DEALT WITH UNDER DELEGATIONS AND CARRIED). 8. That Kitchener's City Council approve the property address changes, for property assessment roll numbers 6-15-226 and 6-15-227, as follows ... Roll # Existing Address Proposed Address 6-15-226 7 Macville Ave 5 Macville Av 6-15-227 9 Macville Ave 7 Macville Av new vacant lot 9 Macville Av ... to be effective January 1, 1993, in the form shown in the Proposed By-law attached and dated November 9, 1992. 9. That Kitchener's City Council approve the property address change, for property assessment roll numbers 5-06-076 and 5-06-075, from 99 Strange Street to 85 Strange Street, to be effective January 1, 1993, in the form shown in the Proposed By-law attached and dated November 9, 1992. 10. 1. 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 Kitchener 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 e) Spadina Road f) Mill Courtland - Woodside Park g) Trussler Road h) Central Frederick COUNCIL MINUTES - 731- DECEMBER 14, 1992 2. That the allocation of funds as listed below to retain heritage consultants to undertake the preparation of Heritage Conservation District Plans be considered as part of the 1993 Budget Review for inclusion in the 10 year capital forecast: PLANNING AND ECONOMIC DECEMBER 14, 1992 DEVELOPMENT COMMITTEE a) Victoria Park ($40,000) - in 1994 b) Civic Centre ($25,000) - in 1995 C) Downtown - in 1997 - Retail Core - Warehouse District ($50,000) ($50,000) d) Spadina Road ($30,000) - in 1998 e) Mill Courtland - Woodside Park ($25,000) - in 1999 f) Central Frederick ($30,000) - in 2001 CITY HALL STEERING COMMITTEE 1. That the Public Furniture styles and standards presented to the City Hall Steering Committee on December 7, 1992 be endorsed, with the exception that Staff and the Architect review further the desk chair recommended for the Mayor, CAO and Commissioner offices. 2. That the Purchasing Division be directed to acquire Departmental Furniture for the new City Hall at an estimated cost of not more than the previously budgeted amount of $200,000., including taxes. 3. That the Visual History Program, dated December 2, 1992, be endorsed as amended, and that the students of KCI and Resurrection be directed to proceed with Phase 2 of the Project. COMMUNITY SERVICES COMMITTEE (DECEMBER 3, 1992) 1. That the 1993 Grant Request of the Kitchener -Waterloo Symphony Orchestra Association Inc. be supported based on a continuation of increased funding schedules previously agreed to by the Cities of Kitchener and Waterloo. COMMUNITY SERVICES COMMITTEE (DECEMBER 7, 1992) 1. That Alderman G. Lorentz be appointed Chairman of the Community Services Committee for a period to expire November 30, 1993. 2. That Alderman G. Leadston be appointed Vice -Chairman of the Community Services Committee for a period to expire November 30, 1993. 3. That no action be taken on the request of the Waterloo -Wellington Chapter of the Kidney Foundation of Canada for an in-kind facility grant, in the amount of $394.83, for their use of the Victoria Park Pavilion on December 26, 1992. (DEALT WITH UNDER DELEGATIONS AND LOST). 4. That no action be taken on the request of the U.W. Villages Benefit Semi -Formal Fund for an in- kind bus transportation grant, in the amount of $898.62, representing 50% of the cost of bus transportation to the semi -formal held on November 20, 1992. COUNCIL MINUTES - 732- DECEMBER 14, 1992 (DEALT WITH UNDER DELEGATIONS AND LOST). 5. That we approve the request of Kitchener Ringette Association Inc. for an in-kind facility rental grant in the amount of $4,000.00, for their use of the Kitchener Memorial Auditorium Complex for the National Ringette Championships from April 12 - 17, 1993. 6. That we approve, in principle, the "Kitchener Farmers' Market Operation Review '92" prepared by Robert T. Chorney, Executive Director, Farmers' Markets Ontario, dated November, 1992, save and except for the relocation of the Market, as this is premature. COMMUNITY SERVICES COMMITTEE (DECEMBER 7, 1992) DECEMBER 14, 1992 7. That we establish a Kitchener Farmers' Market Advisory Committee and advertise immediately to secure applicants for the respective positions on the Committee, as outlined in the "Kitchener Farmers' Market Operations Review'92", and further; That Terms of Reference be established for the Kitchener Farmers' Market Advisory Committee and criteria be documented for those applicants appointed to the Committee. 8. That the Commissioner of Parks and Recreation be directed to initiate the recommended administrative and management changes outlined in the "Kitchener Farmers' Market Operations Review '92". 9. That staff investigate and proceed to work, in consultation with the Kitchener Farmers' Market Advisory Committee, on various suggested changes in parking, marketing, etc. as contained in the "Kitchener Farmers' Market Operations Review'92". ENVIRONMENTAL COMMITTEE 1. That Alderman C. Weylie be appointed Chairman of the Environmental Committee for a term to expire November 30, 1993. 2. That Alderman T. Galloway be appointed Vice -Chairman of the Environmental Committee for a term to expire November 30, 1993. 3. That we express concern over the potential impact of development on various scenic roads in Kitchener and support preservation of the natural and heritage characteristics of these scenic roads. Further, that staff be directed to address this concern within the 'boon South Transportation Network and Alignment Study' and the'Doon South Creek Sub Watershed Study'. And further, that upon completion of the above noted studies, staff be directed to consider incorporating these scenic roads within the City's Official Plan. FINANCE AND ADMINISTRATION COMMITTEE (NOVEMBER 25, 1992) 1. That the Capital Forecast 1993 - 2002 be approved on an "Actual Expenditure" basis with the total expenditures in each of the years 1993-2002 as follows: Total Capital Expenditures Year (In Thousands Of Dollars) 1993 $35,554 1994 37,571 1995 30,869 1996 36,169 COUNCIL MINUTES - 733- DECEMBER 14, 1992 1997 1998 1999 2000 2001 2002 Total 41,586 32,803 36,729 28,770 23,172 28,153 $331 376 And further, that the Commissioner of Finance be authorized to prepare a Forecast on an "Approved Required" basis and submit same to the Regional Municipality of Waterloo and subsequently to the Ontario Municipal Board for approval. 2. That $1,950,000 of debenture financing be approved for the following projects included in the Capital Forecast for the year 1993: FINANCE AND ADMINISTRATION COMMITTEE (NOVEMBER 25, 1992) DECEMBER 14, 1992 2. (Cont'd) Debenture Project Required Tax Base Related: City Hall $1,031,000 Urban Transit Buses 704,000 Various Transit Projects 215,00 3 0 $1, 950 000 That the City Clerk be authorized to proceed with applications to the Regional Municipality of Waterloo and the Ontario Municipal Board for approval of the following projects, namely: Debenture Project Total Approval Expenditure Required Term Urban Transit Buses $ 3,200,000 $ 750,000 10 years Various Transit Projects 450,000 250,000 10 years $ 3, 650 000 $1, 000 000 And further, that the Mayor and Clerk be authorized to execute any other required documentation. That the following projects included in the Capital Forecast for the year 1993 be financed through an appropriation of Capital from Current Funds in the 1993 Current Budget, namely: (In Thousands of Dollars) Dollar General City Page # Amount Administrative Services Software 6 $ 75 Boards Kitchener Public Library - Annual provision 4 78 The Centre In the Square 6 209 Business Development Industrial Business Parks 8 700 WIYA COUNCIL MINUTES - 734- DECEMBER 14, 1992 Finance Various 9 41 Fire Various 18 356 General Services/City Clerk's Various 20 239 Miscellaneous Belmont Development Area 2 19 City Hall 2 2,292 Software 2 175 General Contingency 2 228 Records Management 2 100 2,814 Parks & Recreation Business Facilities 42 161 Cemeteries 44 162 Parks and Property 46 510 Recreation & Programs 27 842 1,675 Planning & Development Official Plan 85.1 53 182 Public Works Various 54 1,453 Street Lighting 71 281 1,734 FINANCE AND ADMINISTRATION COMMITTEE (NOVEMBER 25, 19921 DECEMBER 14, 1992 4. (Cont'd) Transportation Services Regular City Fleet 93 26 Transit 95 75 Traffic 101 30 131 Total General City $ 8,234 Municipal Enterprises Golf Courses Doon 49 $ 68 Rockway 51 68 136 Gasworks Various Gas Projects 81 2,197 City Hall 2 5,000 7,197 Waterworks 73 1,519 Parking 97 344 Sewer Surcharge Surplus Sanitary Sewers - Warren Road 60 175 - Schneider Sanitary Trunk 60 2,500 COUNCIL MINUTES - 735- DECEMBER 14, 1992 - Infrastructure Study 60 375 - Other 60 50 - Royal Orchard Drive 60 100 - Moore Avenue 67 162 - College Street 66 50 Total Municipal Enterprises 3,412 $ 12 608 5. That the following projects included in the Capital Forecast for 1993 be financed from the Lot Levy Reserve Fund, namely: Department Project Page # Amount Library Main Library Expansion 4 $ 200,000 Miscellaneous City Hall 2 500,000 Parks & Recreation Major Park Development 46 120,000 63 General Park Development 46 29,000 Community Centre Provision 36 225,000 Park Frontage Charges 46 325,000 Public Works City Share Subdivisions 55 100,000 College St. Redevelopment 66 250,000 Schneider Trunk 60 1,000,000 Strasburg Trunk 60 100,000 Kolb Drain 63 200,000 Idlewood Creek 63 50,000 Borden Greenway Trunk Sanitary 63 108,000 Transportation Expansion Buses 91 66,000 Replacement Equipment 91 323,000 Bus Shelters 97 4,000 $ 3,600 000 FINANCE AND ADMINISTRATION COMMITTEE (NOVEMBER 25, 19921 DECEMBER 14, 1992 Projects with Lot Levy Funding - Front End Financing with credit: Public Works Idlewood Creek 63 227,000 Henry Sturm Greenway 60 895,000 Detweiler Greenway 60 1,343,000 Strasburg Road 66 1,090,000 Blockline Rd. East & West 67 200,000 Bridge St. Storm Drain 63 118,000 $ 3, 873 000 And further, that it is understood that none of the above noted projects will be commenced unless there are sufficient uncommitted monies in the Lot Levy Reserve Fund to complete them, otherwise the above projects will be front end financed by the appropriate Developers. 6. That a transfer of $71,000 to the Capital Fund be authorized from the Auditorium Capital Reserve Fund, and further that an additional $80,000 be transferred from the Auditorium Capital Reserve COUNCIL MINUTES - 736- Fund 36- Fund to purchase a sound system. DECEMBER 14, 1992 7. That a transfer of $35,000 to the Capital Fund be authorized from the Cemetery Land Fund. 8. That an amount of $725,000 be transferred to the Capital Fund from the General City Capital Surplus. 9. That the Capital Budget for the Parks and Recreation Department be amended by adding $100,000 in 1993 for special upgrading and repairs to the Kitchener Farmers' Market. 10. That the budget line and $500,000 allocation in 1997 for a grant to Conestoga College be removed from the Capital Budget and Forecast. (DEALT WITH UNDER DELEGATIONS AND CARRIED). 11. That the Capital Forecast of the Kitchener Public Library Board be amended with regard to the new community library so as to allocate in 1998 the sum of $1,800,000, and further that the above be with the expressed purpose of combining construction of the proposed community centre with that of the community library. FINANCE AND ADMINISTRATION COMMITTEE (DECEMBER 7, 1992) 1. That Alderman C. Zehr be appointed Chairman of the Finance and Administration Committee for a term expiring November 30, 1993. 2. That Alderman B. Stortz be appointed Vice -Chairman of the Finance and Administration Committee for a term expiring November 30, 1993. 3. That effective January 1, 1993, the KAPS Program (Kitchener Awards Positive Suggestions) be implemented under the revised format detailed in the final report of the KAPS Review Committee dated October 29, 1992. 4. That with respect to the City's Development Charges By-law, staff be directed to immediately begin the process of amending that part of the by-law dealing with automatic rate increases, and further, That if development charges are paid between January 1, 1993 and the date that the proposed amendment takes effect, and in the event the amended rate is lower, Council award a grant from the Lot Levy Fund to rebate the difference. 5. That effective January 1, 1993 the fees for the Planning Applications listed below be increased in the amounts indicated and Section 380.1.1 of Chapter 380 of the Municipal Code (Tariff of Fees) be amended accordingly, where applicable: Official Plan Amendment `1110618%, $550.00/Application FINANCE AND ADMINISTRATION COMMITTEE (DECEMBER 7, 1992) 5. (Cont'd) Zoning By -Law `1110618%, $450.00/Application BOX $575.00/Application DECEMBER 14, 1992 BOX $475.00/Application (plus $125.00/Sign where standard City Notice Sign required) Zoning By-law for $450.00/Application plus $475.00/Application plus Subdivision $45.00/hectare to a maximum $45.00/hectare to a maximum of $1,800.00 of $1,850.00 COUNCIL MINUTES - 737- DECEMBER 14, 1992 Part Lot Control Exemption By-law Site Plan Control Letters of Compliance Certificate of Occupancy Demolition Control Condominium Conversion Sign Permits $60.00/Application plus $25.00/additional new lot created $60.00/Application $45.00/Inquiry $45.00/Unit $50.00/Application $300.00/Application Mobile (Portable) Sign - $30.00/Sign Fee Permanent (Ground/Pylon/Fascia) Sign - $45.00/Sign $65.00/Application plus $30.00/additional new lot created $65.00/Application $50.00/Inquiry $50.00/Unit $55.00/Application $325.00/Application Mobile (Portable) Sign - $30.00/Sign Fee Permanent (Ground/Pylon/Fascia) Sign - $50.00/Sign 6. That the Clerk advise the Fair Tax Commission of the City of Kitchener's interest in making a presentation or otherwise providing input as regards the issue of municipal property taxes, and ask that the City be notified as to when this is appropriate. 7. That further consideration of the proposed amendments to Chapters 575 (Pet Shops) and 530 (Dogs) be deferred and referred to an ad hoc committee for review and a subsequent report to the Finance and Administration Committee. 8. That an ad hoc committee be struck to review the proposed amendments to Chapters 575 (Pet Shops) and 530 (Dogs) of the Municipal Code in order to address their collective concerns and establish a consensus on how to best proceed, and further, That said committee be composed of Alderman J. Ziegler, Alderman B. Stortz, Ms. Laurie Soutar, Ms. Mary Linington, Mr. Arthur Kaufman, Mr. James Prudom and one representative each from the Humane Society, K -W Kennel Club and a commercial licensed kennel, with Ms. L. MacDonald serving as the staff resource person. PUBLIC WORKS AND TRANSPORTATION COMMITTEE 1. That Alderman J. Smola be appointed Chairman of the Public Works and Transportation Committee for a term expiring November 30, 1993. 2. That Alderman M. Wagner be appointed Vice -Chairman of the Public Works and Transportation Committee for a term expiring November 30, 1993. 3. That City staff, the Consulting Engineer, and the Contractor working on the installation of various services on Bedford Road take all possible actions to have this work completed as quickly as possible, and further, That consideration of what, if any, action the City may take to recognize the suffering of the Bedford Road residents be deferred until such time as all work in this area has been completed. PUBLIC WORKS AND TRANSPORTATION COMMITTEE DECEMBER 14, 1992 4. That parking be prohibited on the west side of Gage Avenue from a point 123 metres west of Waverly Road to a point 128 metres south thereof, and further, That the Uniform Traffic By-law be amended accordingly. COUNCIL MINUTES - 738- DECEMBER 14, 1992 5. That parking be prohibited on the east (odd numbered) side of Queen's Boulevard from Rex Drive to Spadina Road, and further, That the Uniform Traffic By-law be amended accordingly. 6. That, subject to the approval of the Ontario Municipal Board, the Mayor and Clerk be authorized to execute the 'Service Agreement' between participating member organizations and Henley Consulting Inc., for the services of a one -call locate centre and the 'Primary Members Agreement', representing the commitments of the consortium of organizations to co-operatively support the one -call utility locate system. (ACTION DEFERRED TO ALLOW STAFF TO PREPARE A FURTHER REPORT FOR CONSIDERATION BY COUNCIL). COMMITTEE OF THE WHOLE MINUTES DECEMBER 14, 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.Minutes of Settlement - Ontario Hydro It was resolved: "That the Mayor and Clerk be authorized to execute the Minutes of Settlement with respect to the Assessment Appeal by Ontario Hydro of its realty and business assessments for various locations in the City of Kitchener for the 1992 taxation year." 2. Easement - Bell Canada - CENTRE 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 Edna Street closed (By-law 6068)." 3. Master Proof of Loss It was resolved: "That the Mayor and Clerk be authorized to execute a Master Proof of Loss in the amount of $15,577.01 in connection with damages which occurred to Joe Thompson Sports Field on or about June 17, 1992 as a result of a windstorm." 4 -Licence - Juvenile Diabetes Foundation Canada It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Juvenile Diabetes Foundation Canada, The Region of Waterloo Chapter, to conduct a Monte Carlo event at Bingeman Park Farms on May 1, 1993." 5 -Quit Claim Deed - FAIRVIEW WARD It was resolved: "That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all rights of the City contained in paragraph 2. of a Schedule to Instrument No. 887457 respecting Part Lot 2, Registrar's Compiled Plan 1478, designated as Part 8 on Reference Plan 58R-5349 and municipally known as 260 Shoemaker Street, Kitchener." 6. Encroachment Agreement - CENTRE WARD It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owners of Part Lot 17, Registered Plan No. 32, known as 48 Irvin Street, to legalize the wooden porch and steps as they encroach 2.25 metres, more or less, onto Irvin COMMITTEE OF THE WHOLE MINUTES B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) Street." 7 -Amendment to Agreement - CENTRE WARD It was resolved: DECEMBER 14, 1992 "That the Mayor and Clerk are hereby authorized to execute an Agreement entitled "Amendment of Agreement" dated December 14, 1992 and made between the City and M.S.K. Developments Limited and The Canada Life Assurance Company whereby a lease of the third level of the Market building is extended beyond its expiry date of August 31st, 1996 in order to accommodate a sub -lease to the Kitchener -Waterloo Young Men's Christian Association." 8. Petition - City of Brampton It was resolved: "That no action be taken on the request from the City of Brampton that a petition responding to aspects of Bill 90 - An Act to amend the Planning Act and the Municipal Act with respect to Residential Units and Garden Suites, similar to Brampton's, be circulated to Kitchener residents, and further, That a copy of Kitchener's resolution to the Minister of Housing and the Minister of Municipal Affairs be forwarded to the City of Brampton." 9 -Tenders It was resolved: "That tender T92-87, Domestic Gas Meters, be awarded to Canadian Meter Company Inc. of Milton at their tendered price of $128,466. plus G.S.T. and P.S.T." - and - "That tender T92-93, Printing of Leisure Magazine, be awarded to Web Offset Publications Limited, Pickering at their tendered price of $48,140., plus G.S.T. and P.S.T." - and - "That tender T92-85, Fleet Vehicles, be awarded as follows: Item #1 - to Parkway Ford Sales (Waterloo) Ltd., Waterloo, at their tendered price of $48,968., plus options and taxes. Item #2 - to Parkway Ford Sales (Waterloo) Ltd., Waterloo, at their tendered price of $41,896., plus taxes. Item #3 - to Parkway Ford Sales (Waterloo) Ltd., Waterloo, at their tendered price of $41,230., plus taxes. Item #4 - to Parkway Ford Sales (Waterloo) Ltd., Waterloo, at their tendered price of $49,022., plus taxes. Item #5 - to Wendell Motor Sales Ltd., Kitchener, at their tendered price of $30,570., plus taxes. Item #6 - to Parkway Ford Sales (Waterloo) Ltd., Waterloo, at their tendered price of $21,313., plus taxes. Item #7 - to Waterloo North Mazda, Waterloo, at their tendered price of $9,300., plus taxes." COMMITTEE OF THE WHOLE MINUTES DECEMBER 14, 1992 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) 10. Tender - Completion of Joseph Street Watermain Relocation The Committee considered a memorandum dated December 10, 1992 from Mr. F. Clement, Director of Purchasing, explaining circumstances with respect to the Joseph Street Watermain Relocation Project. 10. Tender - Completion of Joseph Street Watermain Relocation (Cont'd) In response to Alderman M. Yantzi, Mr. F. Clement advised that it was his understanding that the consulting engineer has informed property owners of the situation and that work was scheduled to be completed within one week. It was resolved: "That the Mayor and Clerk are hereby authorized to execute a contract with J. Weber Contracting Limited in the amount of $58,074.25, being the lowest tender received to complete the remaining work pertaining to Tender T92-26, Joseph Street Watermain Relocation (Queen Street to David Street), the tender in the amount of $87,384.76 having been previously awarded to Sunnybrae Construction Limited of Toronto, which has declared bankruptcy." 11. Applications for Cancellation, Refund, Reduction or Levy of Taxes - December 14, 1992 Hearina 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." 12. Encroachment Agreement It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner and tenant of One King Street West, Kitchener, described as part of Part Lot 1, Registered Plan 381, to permit the installation of a sign on the existing balcony which will encroach onto the King Street road allowance."