Loading...
HomeMy WebLinkAboutCouncil Minutes - 1993-02-22COUNCIL\1993-02-22 COUNCIL MINUTES FEBRUARY 22, 1993 The Council of the Corporation of the City of Kitchener met this date with all members present. On motion by Alderman M. Yantzi, the minutes of the regular meeting held on February 8, 1993, as mailed to the Mayor and Aldermen, were accepted. Alderman C. Zehr introduced representatives of the 42nd Scout Group of St. Daniel's who were in attendance this date. Alderman G. Leadston introduced Mr. Kevin Drummond (29th Kitchener Cub Pack), Mr. Kyle Lundy (24th Kitchener Scouts), Mr. Kevin Wenzel (President of the 45th Kitchener Venturer Company) and Mr. Brent Starr (President of the North Waterloo District Rover Round Table) all of whom were in attendance this date relative to Guide-Scout Week listed as clause #3 on the Committee of the Whole agenda of this date. Mr. K. Drummond requested that the Mayor officially declare February 21-28 as Guide-Scout Week. Moved by Alderman G. Leadston Seconded by Alderman M. Yantzi That February 21-28, 1993 (inclusive) be proclaimed Guide/Scout Week in Kitchener, provided that if publication of this proclamation is requested, it will be done at no expense to the City. Carried. Mr. Martin Fisher appeared on behalf of the Learning Disabilities Association of K-W and provided background concerning the organization's involvement in the community. He asked that Council approve a request from the Association for permission to sell Break Open Tickets and in this regard noted that Ted's Smoke Shop has agreed to act as the retailer. Ms. Marianne Levstek, 2749 Kingsway Drive, appeared on behalf of the Sunbeam Residential Development Centre. She referred to on-going reductions in the operating and capital funds supplied by the Province and the corresponding need for additional fund raising revenue. She asked that Council take no action on clause 1 of the Finance and Administration Committee report of this date which recommends approval of the requests of four charities to sell Break Open Tickets at third party locations in the municipality. She asked that a more equitable method be devised to allow all local charities an opportunity to participate in such fundraising initiatives. She suggested that allowing Provincial organizations with local offices to sell tickets at this time, would be premature and unfair to other local charities. Alderman G. Lorentz asked Ms. Levstek to clarify why no action should be taken on the applications submitted by the Ontario March of Dimes, Canadian Mental Health Association, Kidney Foundation of Canada and the Ontario Head Injury Association. She replied that in the interest of fair competition between all local charities, Council should not set a precedent by giving priority consideration to the requests of organizations who have been issued Provincial licences in this regard. He expressed the opinion that these groups appeared to have had early notice of changes to the legislation which would give them an unfair advantage over locally based charities and in effect would establish a new policy in this regard. Alderman M. Yantzi commented that approving the applications in question would be premature. Mayor D.V. Cardillo also referred to the report of Mr. Adam J. Schmidt, Superintendent of Operational Support, Waterloo Regional Police, dated February 19, 1993 which was previously circulated to Members of Council and outlines various concerns with regard to wide open licensing of off-site locations. Alderman C. Zehr advised that he could no longer support the resolution of the Finance and Administration Committee and suggested that Council allow staff a two month period to evaluate all implications of the new gaming legislation. Alderman J. Ziegler concurred with the comments of Alderman Zehr. Moved by Alderman J. Ziegler COUNCIL M/NUTES - 113 - FEBRUARY 22, 1993 Seconded by Alderman C. Zehr That consideration of the requests from various charitable organizations for permission to sell Break Open Tickets at third party locations, be deferred for a two month period to give staff an opportunity to review and evaluate these requests relative to the new Gaming Services Act and the Interim Terms and Conditions as well as to develop appropriate administrative guidelines in conjunction with the Cities of Waterloo and Cambridge. Aldermen M. Wagner and T. Galloway both stated that in their opinion approval of any applications at this time would be premature. Alderman C. Weylie advised that of the four organizations mentioned in clause 1 of the Finance and Administration Committee report, only the Canadian Mental Health Association and the Ontario Head Injury Association may suffer as a result of the delay should there be an adverse decision regarding United Way funding. Alderman B. Stortz enquired as to how the charitable organizations would be informed of the new guidelines and application procedures. Mr. R.W. Pritchard replied that advertisements would likely be placed in local newspapers and advised that staff would examine these issues and report back to the Finance and Administration Committee within three weeks. He further advised that staff would consider any suggestions from local organizations wishing to comment on administrative guidelines. The motion by Alderman J. Ziegler to defer consideration of applications for permission to sell Break Open Tickets at third party locations pending further review by staff, was voted on and Carried Unanimously. Mr. D. Travers, 911-101 Frederick Street, appeared on behalf of Northport Landing Inc. concerning clause 6 of the Planning and Economic Development Committee report of this date dealing with a re- zoning from Neighbourhood Institutional to Convenience Commercial. He asked that the recommendation be amended so as to waive the preliminary circulation, noting that contact had already been made with a number of neighbouring businesses, and that only two could be adversely affected by the proposed zone change. He pointed out that both Monarch Construction and the Condominium Corporation had advised that they have no objections. Mr. Travers explained that waiving circulation is requested in order to expedite the process and allow construction to begin as soon as possible. He referred to previous comments that businesses located in the Downtown would be adversely affected and referred to page 2 of Planning and Development Department report PD.16/93 which states that the proposed use would not affect the Downtown given that its multi-financial service concept would be driven by its proximity to the residential customer base. In this regard, he expressed the opinion that suburban areas deserve similar financial services to those available in the Downtown. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie That clause 6 of the report of the Planning and Economic Development Committee of this date be adopted. Alderman B. Stortz objected to what he interpreted as a liberal interpretation of the City's Official Plan. He referred to the Office Location Study and related policies recently adopted by Council, noting that the proposal is in contravention of these. He suggested that all applications should follow the same approval process and be governed by the same rules and policies. Alderman M. Wagner agreed with the comments of Alderman Stortz and pointed out that the Study was meant to encourage downtown development at a time when its survival is endangered. He cautioned that if Council continues to break with its own policies it will undermine its broader planning initiatives. Alderman G. Leadston commented that not every business would necessarily want to locate in the Downtown. Alderman C. Weylie enquired whether the City normally circulates residents of Waterloo when a development occurs at the Twin City boundary. Mr. T.B. Stanley replied that where the lands in question abutt the municipal boundary, Waterloo has been circulated in the past, and objections received from Waterloo residents. Alderman C. Zehr suggested that the City should clearly state by its policy and actions that it is open for business, and in this regard should not erect unreasonable road blocks to development. Alderman M. Wagner asked whether the proposed Convenience Commercial (C-1) designation would permit corner stores. Mr. T.B. Stanley replied in the affirmative and outlined the range of possible options. Alderman B. Stortz commented that approval of the C-1 Zoning would allow a wider range of uses beyond that of COUNCIL M/NUTES - 114 - FEBRUARY 22, 1993 financial/insurance services. He stated that in his opinion residents have the right to know and to comment on the proposed zone change. Alderman Zehr asked whether the Comprehensive Zoning By- law would permit the proposed use in any event. Mr. Stanley replied that the Draft Official Plan to be discussed in the near future by Management Committee will propose an alternate framework for suburban office uses. He stated that if located on a transit corridor the Official Plan would permit the proposed use under certain circumstances, however, a zone change would still be required. A recorded vote was requested and the previous motion by Alderman J. Ziegler to adopt clause 6 of the Planning and Economic Development Committee report was voted on. In Favour: Mayor D.V. Cardillo, Aldermen J. Ziegler, G. Leadston, G. Lorentz, C. Zehr, J. Smola, T. Galloway and C. Weylie. Contra: Aldermen M. Wagner, B. Stortz and M. Yantzi. Carried. Moved by Alderman J. Ziegler Seconded by Alderman G. Leadston That Council waive the requirement for preliminary circulation relative to a Zone Change Application to be submitted by Northport Landing Inc. relative to premises at 885 Glasgow Street at Fischer-Hallman Road which would rezone from Neighbourhood Institutional (I-1) to Convenience Commercial (C-1) according to By-law 85-1. A recorded vote was requested. Following a brief discussion on restricted use as it relates to the subject zone change application, Alderman J. Ziegler asked that his previous motion be amended so as to introduce restrictions on the proposed C-1 designation which would effectively reduce allowable uses to those consistent with a free- standing insurance establishment and which are agreeable to both the applicant and staff. Mr. D. Travers responded indicating that his client would be amenable to working with staff to identify appropriate restrictions. Alderman B. Stortz asked whether any uses removed from the designation could be added at a later date and Mr. T.B. Stanley replied indicating that a further zone change application would be necessary. The previous motion by Alderman J. Ziegler was then voted on as amended. Moved by Alderman J. Ziegler Seconded by Alderman G. Leadston That Council waive the requirement for preliminary circulation relative to a Zone Change Application to be submitted by Northport Landing Inc. relative to premises at 885 Glasgow Street at Fischer-Hallman Road which would rezone from Neighbourhood Institutional (I-1) to Convenience Commercial (C-1) according to By-law 85-1, and further, That the above be subject to restrictions on inappropriate uses such as Convenience Store and Gas Bars which are deemed incompatible with the proposed free-standing insurance establishment and which are agreeable to both the applicant and staff. In Favour: Mayor D.V. Cardillo, Aldermen J. Ziegler, G. Leadston, G. Lorentz, C. Zehr, J. Smola, T. Galloway and C. Weylie. Contra: Aldermen M. Wagner, B. Stortz and M. Yantzi. Carried. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie That the report of the Planning and Economic Development Committee of this date be adopted. Discussion took place concerning clause 5 which deals with Council's policy on snow removal complaints. Alderman G. Lorentz expressed concern over subsection (g) which authorizes the City's Enforcement COUNCIL M/NIYFES - 115 - FEBRUARY 22, 1993 Co-ordinator to waive snow removal fees based on special or unusual circumstances. He suggested that such a provision would in effect allow staff to veto any argument by a Ward Alderman. Mr. T. McCabe responded that it is understood Council has similar authority to waive the fee at any time. Mayor D.V. Cardillo suggested that in the event of disagreement these instances could be brought before the Planning and Economic Development Committee for individual consideration. Alderman T. Galloway expressed concern over consistency in applying the fee waivers, in particular, how an individual would know the reasons why a fee was waived. Mr. T. McCabe responded that instances of fee waivers are rare and ratepayers would be informed in writing of the staff ruling and have an opportunity to appeal to Council. Alderman G. Leadston suggested that a decision to waive fees should be made in consultation with the Ward Alderman, and Alderman J. Ziegler suggested that clause 5 be amended so as to instruct staff to keep a record of the circumstances under which fees are waived with the intention of establishing a set of guidelines or rules for application. Alderman J. Ziegler expressed concern over subsection (e) which states that no formal warning notice will be given after the initial infraction. Mr. T. McCabe advised that this is not a change proposed by staff but is presently part of the existing by-law. Alderman G. Lorentz reiterated concerns previously expressed at the February 15, 1993 Planning and Economic Development Committee meeting regarding properties which are subject to ponding as a result of poor drainage. He stated that in his opinion, the freeze and thaw cycle creates an unreasonable maintenance problem, however, the suggestion that sand storage boxes be located on the boulevard near affected homes would be a good compromise. The report was put to a vote. Voted on clause by clause. Clause 6 - Dealt with under delegations and Carried on a recorded vote. Balance of report - Carried. Moved by Alderman C. Zehr Seconded by Alderman M. Wagner That the report of the City Hall Steering Committee of this date be adopted. Carried. Moved by Alderman G. Lorentz Seconded by Alderman J. Smola That the report of the Community Services Committee of this date be adopted. Voted on clause by clause. Clause 3 - Carried. Balance of report - Carried. The following conflict of interest and abstention was disclosed: Clause 3 - Alderman T. Galloway as he is employed by the Kitchener Rangers Hockey Club. Alderman J. Ziegler asked that the minutes of the February 15, 1993 Community Services Committee meeting be corrected to indicate he was in attendance for part of the meeting. Moved by Alderman C. Zehr Seconded by Alderman B. Stortz That the report of the Finance and Administration Committee of this date be adopted. Voted on clause by clause. COUNCIL M/NUTES - 116 - FEBRUARY 22, 1993 Clause 1 - Dealt with under Delegations, but no vote taken. Balance of report - Carried. Moved by Alderman M. Wagner Seconded by Alderman T. Galloway That the report of the Local Architectural Conservation Advisory Committee of this date be adopted. Carried. 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. Alderman J. Ziegler referred to the report of Ms. L. MacDonald, Assistant City Solicitor, dated February 22, 1993 regarding clause 2 of the report which deals with the disposal of dog excrement. The report indicated that following consultation with both the Region of Waterloo and the Ministry of the Environment it was determined that dog excrement can be flushed down the toilet, however, common sense should be exercised in dealing with the volume of excrement where kennels are involved. A brief discussion took place concerning clause 1 dealing with a prohibition on curbside collection of grass clippings and Alderman G. Lorentz questioned the June 1, 1993 effective date. Alderman T. Galloway asked whether for the month of June, a note could be left on bags which are put at the curb explaining the reason why the clippings have not been picked up. Mr. T. McKay replied that the City will likely advertise in the local newspaper and staff will take the comments of Alderman Galloway under advisement. Alderman C. Weylie noted that the Environmental Committee recommends the mulching or composting of grass clippings. The report was then put to a vote and Carried. Moved by Alderman C. Weylie Seconded by Alderman T. Galloway That the report of the Environmental Committee of this date be adopted. Carried. Alderman G. Leadston advised that the Kitchener Minor Hockey Association will be hosting a Midget Championship April 21-25 at the Kitchener Memorial Auditorium, with any additional information available through the Association office. Alderman T. Galloway referred to correspondence received by Council in the Friday mail relative to action by City of St. Catharines staff as regards the issue of apartments in houses. He specifically referred to comments that the proposed regulations would not allow for flexibility in parking standards, which is contrary to what Kitchener Council was told. He pointed out that if true this would have serious ramifications and asked that staff comment further outlining their interpretation of the proposed regulations. Mayor D.V. Cardillo asked that this item be placed on the Committee of the Whole agenda for March 8, 1993 and Mr. T. McKay advised that Ms. S. Frenette would be asked to report. Alderman C. Weylie referred to discrepancies between the Region and City submissions to the Sewell Commission on Planning and Development Reform. Mr. T.B. Stanley outlined four significant differences relative to the distribution of planning authority. In response to a question from Alderman J. Ziegler, he advised that he has generally discussed these concerns with other area municipalities, but would welcome an opportunity for further consideration. Moved by Alderman J. Ziegler Seconded by Alderman M. Wagner That staff forward the City's comments on the recommendations of the Commission on Planning and Development Reform in Ontario to the Regional Municipality of Waterloo and all municipalities and rural townships in the Region for discussion and comment by their respective Councils. COUNCIL M/NUTES - 117 - FEBRUARY 22, 1993 Carried. Alderman T. Galloway advised Council of his concerns regarding on-street parking on Ottawa Street South by individuals using McLennan Park for winter recreational activities. He requested a report on the present situation and whether the City can make special arrangements with the Region for off-street parking during the winter months. Mr. J. Wallace replied that a number of legal issues are involved including outstanding lawsuits. He further indicated that a written report in this regard would be submitted within the next four weeks. Alderman Galloway asked whether the parking problem could be addressed on an interim basis and Mr. Wallace replied that in his opinion, people should not be on the site at all. Alderman Galloway noted that he thought the Region had left openings in the fence, presumably to allow access. He also questioned whether the City should be enforcing parking regulations in this area of Ottawa Street. It was suggested that the entire issue be brought forward for discussion at the next meeting of the Regional Engineering Committee. Moved by Alderman J. Ziegler Seconded by Alderman T. Galloway That the Regional Municipality of Waterloo be advised of the City of Kitchener's concerns regarding on-street parking on Ottawa Street South in conjunction with the recreational use of McLennan Park during the winter months, and that municipal representatives plan to raise these concerns at the next meeting of the Regional Engineering Committee. Carried. Alderman C. Zehr asked for an update on appeals to the recent municipal reassessment. Mr. J. Gazzola advised that he is unable to report at this time but will provide an update in the near future. Alderman J. Ziegler indicated that the appeal process is only beginning, and pointed out that a number of people who had appealed the 1992 assessment had neglected to appeal the 1993 assessment at the same time and irregardless of the outcome would be assessed the original amount in 1993. Prior to consideration of the by-laws as listed on the agenda this date, Council consented to a request from Mr. R.W. Pritchard to add a by-law to amend Chapter 530 (Dogs) of the Municipal Code. Council was previously circulated with a copy of the annual Farm Exemption By-law as appended to the report of Mr. L.W. Neil, Assistant City Clerk, dated February 18, 1993. Moved by Alderman C. Zehr Seconded by Alderman G. Lorentz That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to repeal By-law 91-215 (b) Being a by-law to exempt certain farm lands from taxation for certain expenditures of the municipality (c) Being a by-law to designate part of the property municipally known as 100 Duke Street West in the City of Kitchener as being of historical and architectural value (d) Being a by-law to amend Chapter 575 of the City of Kitchener Municipal Code with respect to Pet Shops (e) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (f) To further amend By-law 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (g) Being a by-law to amend By-law 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 COUNCIL ~VHNUTES (h) O) - 118- FEBRUARY 22, 1993 To confirm all actions and proceedings of the Council Being a by-law to amend Chapter 530 of The City of Kitchener Municipal Code with respect to Dogs 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. Yantzi as Chairman. On motion, the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the Chair. Moved by Alderman M. Yantzi Seconded by Alderman G. Leadston That the proceedings and the recorded conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes, be and the same are hereby adopted and confirmed. Carried. Moved by Alderman C. Zehr Seconded by Alderman G. Lorentz That the by-laws listed on the agenda for third reading, namely: (a) (b) 10. (c) (d) (e) (f) (g) Being a by-law to repeal By-law 91-215 (By-law No. 93-41) Being a by-law to exempt certain farm lands from taxation for certain expenditures of the municipality (By-law No. 93-42) Being a by-law to designate part of the property municipally known as 100 Duke Street West in the City of Kitchener as being of historical and architectural value (By-law No. 93-43) Being a by-law to amend Chapter 575 of the City of Kitchener Municipal Code with respect to Pet Shops (By-law No. 93-44) 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. 93-45) To further amend By-law 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (By-law No. 93-46) Being a by-law to amend By-law 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. 93-47) (h) To confirm all actions and proceedings of the Council COUNCIL h/HNUTES (i) - 119- FEBRUARY 22, 1993 (By-law No. 93-48) Being a by-law to amend Chapter 530 of The City of Kitchener Municipal Code with respect to Dogs (By-law No. 93-49) be taken as read a third time, be finally passed and numbered serially by the Clerk. On motion, the meeting adjourned. Carried. .................................................................... Mayor Clerk COUNCIL M/NIYFES - 120 - FEBRUARY 22, 1993 REPORTS ADOPTED BY COUNCIL - FEBRUARY 22, 1993 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE That the City of Kitchener endorses recommendation (1) contained in the draft report, "Proposed Partnership Role Between the Region and the Area Municipalities for Economic Development", prepared by G.A. Thompson, Chief Administrative Officer, Region of Waterloo, as outlined hereunder: The Region of Waterloo establishing in co-operation with the Area Municipalities, an Economic Development Steering Committee with membership and mandate as outlined in CA-93-003. That City Council formally endorse participation in the Municipal Mediation Pilot Project commencing April 1, 1993. The City further agrees to appoint a Municipal Mediation Coordinator and provide facilities and services necessary to conduct mediation; and further, That Carla Ladd be appointed as Municipal Mediation Coordinator for the City of Kitchener. That Kitchener's City Council approve the property address change, for property assessment roll number 6-16-079-50, from 350 Shirley Ave. to 360 Shirley Ave., to be effective March 1, 1993, in the form shown in the Proposed By-law dated January 28, 1993 attached to Planning and Development Staff Report PD 8/93. That Demolition Control Application DC 92/10/RM (Jayne Gimbel & Karen Northey) requesting approval for the demolition of a single detached dwelling located at 1642 Victoria Street North, legally described as Part Lot 123, Registered Plan 753 be approved subject to the following: a) The owner prepares a Grading and Drainage Control Plan showing drainage details for the subject property, abutting properties and public rights-of-way so as to ensure compatible drainage. The Grading and Drainage Control Plan should also detail erosion and siltation control features. The owner agrees to implement all erosion and siltation control measures prior to the commencement of any site grading, to complete the site grading and drainage scheme in accordance with a plan approved by the City's Chief Building Official and to maintain the erosion and siltation control measures until the site has been fully developed as determined by the Director of Development. The owner must obtain approval of the Grading and Drainage Control Plan prior to the issuance of a demolition permit. b) Any redundant driveways are to be closed with new curb and gutter and boulevard landscaping, all to City of Kitchener standards, at the Owner's expense. The Owner is required to make satisfactory financial arrangements with the Department of Public Works for the removal of any redundant service connections. It is the opinion of this Committee that the approval of this application is proper planning for the City. That Council's Policy No. 1-620 - SNOW REMOVAL COMPLAINT, as approved by Council on January 27, 1986 and amended on September 25, 1989 and February 25, 1991, be rescinded and the following policy be substituted therefor: a) Complaints shall be recorded as received. b) Make initial inspection. If the inspection reveals that other sidewalks on either side of the same street within that block have not been cleared of all snow and ice, then the owners and/or occupants of all such properties shall receive notices advising them of their obligations and the necessity for appropriate action. COUNCIL M/NUTES - 121 - FEBRUARY 22, 1993 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE FEBRUARY 22, 1993 5. (Cont'd) c) In the case of a "first time this season" infraction on a developed property which appears to be occupied, leave a "courtesy notice" with the occupant or at the property. Attempt to make personal contact with the occupant and record the name of the person contacted. In the case of personal contact not being made with the owner and the sidewalk not being cleared after the second inspection; not less than three days after the courtesy letter is delivered, send a "formal warning notice" by certified/registered mail to the owner of the property. d) In the case of a "first time this season" infraction on an undeveloped property or one which appears to be vacant, immediately send a "formal warning notice" by certified/registered mail to the owner of the property. e) As part of the "formal warning notice" in either situation (c) or (d) above, the owner be informed that no further notice will be provided regarding additional infractions during that winter season, and that in the case of additional infractions, the waiting period shall be waived and City crews will immediately be requested to perform the work and the property owner billed accordingly. f) On or after the third day from the date of mailing the formal warning notice by certified/registered mail, make a second inspection. If the sidewalk has not been cleared, make arrangements to have it cleared by the City at the property owner's expense. It shall be understood that the costs for this work shall be based on a minimum charge of $75.00 for the first hour and actual labour and equipment costs for additional time required over and above the first hour. g) That the City's Enforcement Co-ordinator, be authorized to waive the fees for work by City crews based on special/unusual circumstances explained in writing by the owner. = = That, City of Kitchener Council endorses the following as recommended by the Economic Development Department: That the proposed freestanding insurance establishment, to be developed on lands situate at 885 Glasgow Street at Fischer-Hallman Road, be defined as a financial establishment and that Northport Landing Inc. be advised to submit a Zone Change Application to have the subject site re-zoned from Neighbourhood Institutional (I-1) according to By-law 85-1 to Convenience Commercial (C-1) according to By-law 85-1. (DEALT WITH UNDER DELEGATIONS AND CARRIED ON A RECORDED VOTE) That Planning & Development Staff Report PD 15/93, as revised February 15, 1993 to include an additional request under "Specific Comments", as follows: Page 10 Principle W2 should be changed to read "Wastewater treatment plants, communal servicing systems and where necessary individual septic systems will be used in the Cities and urban areas of the Townships". There are areas in the City of Kitchener that are and will continue to be on individual septic systems. Also communal systems may not be a viable option in some instances. be forwarded to the Regional Municipality of Waterloo as Kitchener's response to the document "Vision Principles for a New Regional Plan" (November, 1992). 8. That Planning & Development Staff Report PD 135/92 be amended to incorporate revised dates COUNCIL M/NIYFES - 122 - FEBRUARY 22, 1993 relating to the Official Plan Review Work Program and Timetable of Dates for review, circulation and consideration, as outlined in the revised schedule dated February 15, 1993. CITY HALL STEERING COMMITTEE FEBRUARY 22, 1993 That the three main building elements of the new City Hall be named after the former names of the City, including Berlin Tower, Sandhills Wing (East side), and Ebytown Wing (West side). COMMUNITY SERVICES COMMITTEE That we approve a grant to The Scott Tournament of Hearts, to be paid in 1994, in the amount of $6,000.00, as a contribution towards the cost of the suppliers' luncheon and Mayors' Reception; and further, That consideration of the grant request of The Scott Tournament of Hearts for use of City buses be deferred until the actual costs are known. That we approve a grant in the amount of $5,000.00 to K-W Oktoberfest Inc. as a contribution towards their 25th Anniversary volunteer appreciation dinner, to be held in September, 1993. That the Mayor and Clerk be authorized to sign an agreement between the City of Kitchener and the Kitchener Ranger Hockey Club, granting the Rangers exclusive rights for a two year term ending October 31, 1994 to sell advertising at the two municipal golf courses; and further, That the City shall receive sufficient score cards at no cost for annual use and 75% of net profits of all other advertising sales. That no action be taken on the request of the Ontario Society for the Prevention of Cruelty to Animals for a donation to the "Caring Campaign". FINANCE AND ADMINISTRATION COMMITTEE That subject to the Regulations as well as the Interim Terms and Conditions of the Gaming Services Act, the Ontario March of Dimes, Canadian Mental Health Association, Kidney Foundation of Canada and the Ontario Head Injury Association be permitted to sell Break Open Tickets at third party locations not owned by them, with approval of these premises to be obtained through the Licensing Division, and, That the above organizations provide input to staff on the development of local terms and conditions in this regard, and further, That based on this input, combined with a review of the new legislation and consultation with other area municipalities, the Manager of Licensing submit a further report to the Finance and Administration Committee for consideration on or before April 19, 1993. (DEALT WITH UNDER DELEGATIONS, BUT NO VOTE TAKEN) That the City of Kitchener has no objection to the Provincial Lotteries Office issuing licences for Super Jackpot Bingos to the Kitchener Charities Bingo Palace Committee, Downtown Bingo Association Committee and the Concourse Bingo Committee. That Council amend Chapter 530 (Dogs) of the City of Kitchener Municipal Code as outlined in the draft by-law appended to the report of Ms. L. MacDonald dated February 5, 1993, and further, That enforcement of Sections 530.3.3 (e) and 530.3.6 of the Code dealing with the construction of kennel facilities not commence until July 16, 1993 and that all applications for 1993 kennel licences will be processed provided the applicant has complied with all of the other applicable requirements of Chapter 530, and with any kennel licence issued prior to July 15, 1993 being issued conditional upon the operator complying with the construction requirements in Section 530.3.6 by no later than July 15, 1993. 4. That Council amend Chapter 575 (Pet Shops) of the City of Kitchener Municipal Code as outlined COUNCIL M/NIYFES - 123 - FEBRUARY 22, 1993 in the draft by-law appended to the report of Ms. L. MacDonald dated February 10, 1993. That effective March 1, 1993 the definition of "spouse" in the City's benefit plans (extended health care, dental and bereavement) be amended to extend coverage to same sex spousal arrangements. FINANCE AND ADMINISTRATION COMMITTEE FEBRUARY 22, 1993 That the Mayor and Clerk be authorized to sign the appropriate documents relative to leasing of space at 122 Frederick Street (former Registry Office) to the YWCA as outlined in the memorandum of Mr. P. Summers dated February 15, 1993, and further, That the term of the lease be six months and include a 90 termination clause, with all documents to be drafted to the satisfaction of the City Solicitor. That no action be taken on the February 3, 1993 request of Mr. Shaun Cooke for a Non-Resident Hawkers and Peddlars Licence. LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE That Mrs. G. Stoner be nominated for the Ministry of Culture and Communications 1993 Volunteer Service Award. That the L.A.C.A.C. Chairman correspond, by registered mail, with the owners of 108 Queen Street North (Sonneck House), a property designated within the meaning of the Ontario Heritaqe Act, expressing the City's dismay over the buildings present state of disrepair and requesting an explanation as to why the two storey porch/balcony was removed from the Queen Street elevation. PUBLIC WORKS AND TRANSPORTATION COMMITTEE That effective June 1, 1993, grass clippings will no longer be collected at curbside as part of the City of Kitchener's solid waste collection program and further, That Chapter 635 of the City of Kitchener Municipal Code be amended accordingly. That the City of Kitchener request the Regional Municipality of Waterloo to provide advice to the citizens of the City of Kitchener outlining where and how they can dispose of dog excrement. That parking be prohibited on both sides of Woolwich Street from Bridge Street to Shirk Place, and further, That parking be prohibited on both sides of Shirk Place from Woolwich Street to 61 metres east of Woolwich Street, and further, That the Uniform Traffic By-law be amended accordingly. That stop controls be installed at the following locations: Bannockburn Road at Evenstone Avenue and Stafford Lane at Chapel Hill Drive, and further, That the Uniform Traffic By-law be amended accordingly. That the School Bus Loading Zone on Westwood Drive at Monsignor Gleason Separate School be extended 26 metres southward to accommodate a total of five school busses, and further, That the Uniform Traffic By-law be amended accordingly. That an all-way stop control be installed at the following location: Highland Road at Hoffman Street, and further, That the Uniform Traffic By-law be amended accordingly. That an all-way stop control be installed at the following location: Ahrens Street and Blucher Street, and further, COUNCIL M/NIYFES - 124 - FEBRUARY 22, 1993 That the Uniform Traffic By-law be amended accordingly. ENVIRONMENTAL COMMITTEE That the Environmental Committee recommends that McCormick, Rankin, Consultants, Planning and Development staff and other Study Team Staff be given direction to prioritize Environmental issues and Scenic Roads issues over Transportation issues within the Doon South Transportation Network and Alignment Study. COMMITTEE OF THE WHOLE MINUTES FEBRUARY 22, 1993 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. Banner Requests It was resolved: "That the week July 18th to July 24, 1993 inclusive be proclaimed "Habitat for Humanity Jimmy Carter Work Project '93" week in Kitchener. Provided that if publication of this proclamation is requested, same be done at no expense to the City. Further, that in conjunction with this Proclamation permission be granted to Habitat for Humanity Canada for erection of a banner on King Street at Rockway Gardens from Monday, July 5, 1993 to Sunday, July 25, 1993 inclusive. And further, that arrangements be made with the City's Contractor for erection of the banner and the payment of any costs associated therewith." -and- "That in conjunction with the Dental Health Campaign to be held in April 1993 and April 1994, permission be granted to the Waterloo Regional Health Unit and the Waterloo-Wellington Dental Assistants, Hygienists and Dental Societies for the erection of a banner at King Street and Rockway Gardens from Monday, April 1st to Sunday, April 18th inclusive, 1993 and at the King and Francis Street location from Monday, April 4th to Sunday, April 24, inclusive, 1994. Further, that arrangements be made with the City's Contractor for erection of the banner and the payment of any costs associated therewith. And further, that the Chief Administrative Officer be authorized to schedule the erection and removal of a banner for this event, on an annual basis, as requested." -and- "That in conjunction with the Multiple District "A" Lions Convention to be held at the Valhalla Inn, Kitchener from May 13th to May 16th, 1993, permission be granted to the Conestoga Trail '93 Convention Committee for the erection of a Welcome Banner at King Street and Frederick/Benton Streets from Monday, May 10, 1993 to Sunday, May 16, 1993 inclusive. Further, that arrangements be made with the City's Contractor for erection of the banner and the payment of any costs associated therewith." 2. Licenses It was resolved: "That Mr. Allan Parry be granted permission to operate a chip wagon - 'The Chip Stop', at 4319 King Street East, Kitchener." COMMITTEE OF THE WHOLE MINUTES FEBRUARY ~, 1993 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) -and- Licenses (Cont'd) "That the City of Kitchener has no objection to a Provincial Licence being issued to the Twin City Sertoma Club to conduct a Monte Carlo event on April 23, 1993, at Bingeman Park Farms, Kitchener." -and- "That the Doon Heritage Crossroads be granted permission to operate a refreshment stand at 10 Huron Road on the following dates, provided the necessary health and fire approvals and licence are obtained: May 29,1993 June 16,1993 June 20,1993 June 26,1993 August15,1993 September12,1993." Proclamation - Guide/Scout Week Dealt with under delegations. Execution of Indemnification Aqreement It was resolved: "That the Mayor and Clerk are hereby authorized to execute a Release of Liability Form in favour of C.P. Rail. In consideration of their allowing us access to their lands to excavate test pits with a view ultimately to install sanitary sewers." Resolution - Township of Gordon - Refundable Pop Cans & Bottles It was resolved: "That Kitchener City Council endorse Resolution No.92-141 of the Corporation of the Township of Gordon concerning a request that the Ministry of the Environment, Energy and Native Affairs promote refundable cans and bottles." Tender It was resolved: "That quotation Q93-8, Natural Gas Steel Pipe, be awarded to Comco Pipe and Supply Company, Guelph, Ontario at their quoted price of $51,325., plus G.S.T." Expropriation Proceedinqs - 169 Kent Avenue It was resolved: "That the City Solicitor be instructed to initiate expropriation proceedings to acquire title to the land, owned by James Dueck, which is composed of part of Lot 8, Registered Plan 404 and municipally known as 169 Kent Avenue, Kitchener, for the purpose of constructing a portion of the Schneider Trunk Sanitary Sewer." 8. Areaway Aqreement - Eastwood Mennonite Community Homes Inc. COMMITTEE OF THE WHOLE MINUTES FEBRUARY ~, 1993 REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) Council was in receipt this date of a memorandum from Mr. J. Wallace, Commissioner of Legal Services & City Solicitor, dated February 17, 1993 recommending execution of the above agreement. Areaway Aqreement - Eastwood Mennonite Community Homes Inc. (Cont'd) It was resolved: "That upon execution of the Areaway Agreement dated February 22, 1993 by Eastwood Mennonite Community Homes Inc. the Mayor and Clerk are hereby authorized to execute the agreement." Consent Arias Tech Ltd. transfer to Masa Technoloqies Inc. (111 Hollinqer Crescent) Council was in receipt this date of a memorandum from Mr. J. Shivas, Director of Legal Services, dated February 22, 1993 recommending the City consent to the above transfer. It was resolved: "That the City consent to a transfer from Arias Tech Ltd. to Masa Technologies Inc. for the property described as Part 1 on Reference Plan 58R-4782 and municipally known as 111 Hollinger Crescent, Kitchener." 10. Consent - Jayelem Properties Ltd. sale to Slats Blinds Ltd. (12 Groff Place) Council was in receipt this date of a memorandum from Mr. J. Shivas, Director of Legal Services, dated February 22, 1993 recommending consent to the above transfer. It was resolved: "That the City consent to a transfer from Jayelem Properties Ltd. to Slats Blinds Ltd. for the property described as Lot 8 on Plan 1487 and municipally known as 12 Groff Place, Kitchener." 11. Aqreements of Purchase and Sale - 310 Charles Street East Council was in receipt this date of a report from Mr. J. Wallace, Commissioner of Legal Services & City Solicitor, dated February 22, 1993 concerning complications relating to the sale of the above property, as well as two Offers of Purchase and Sale. Alderman C. Zehr questioned whether this item should be discussed in caucus and Mr. T. McKay offered the opinion that it should be debated publicly. He further advised that this item was discussed at Management Committee last week, and in this regard he referred to the report of a Structural Engineer which estimated that approximately $25,000 will be required for corrective measures. It was also noted that the market value of the property in question has decreased and in the opinion of Mr. J. Andersen, Land Purchasing Officer, the offers before Council this date are reasonable. Mr. McKay also advised of circumstances surrounding the closing of a part of Betzner Avenue which required that the City offer one-half of the road allowance to the abutting owner. Since this was not done, negotiations were undertaken with the present owner with the result that they will relinquish their claim on the closed road allowance upon being allowed to buy the entire vacant City-owned lot to the east. Mr. McKay stated that an alternative would be to forego both offers and enact an amending by-law to the road closing by-law setting an amount and a time limit within which the abutting owner would have to pay for title to one-half of the closed road allowance. In response to a question from Alderman G. Lorentz, Mr. McKay indicated that funds from the sale COMMITTEE OF THE WHOLE MINUTES FEBRUARY ~, 1993 REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) would be deposited in the Community Centre Reserve Fund. Alderman J. Ziegler asked whether the City would receive tax revenue in the event the properties in question were sold and Mr. McKay applied in the affirmative. Alderman Ziegler expressed the opinion that the City would be best served by selling the property now and realizing any tax revenue. 11. Aqreements of Purchase and Sale - 310 Charles Street East (Cont'd) It was resolved: "That the Mayor and Clerk be authorized to execute the Agreements necessary to sell Part of Lot 64, Plan 303 and Lot 182, Streets and Lanes, known municipally as 310 Charles Street to Achievement In Motion: A Psychosocial Rehabilitation Program for the Waterloo Region at the purchase price of $325,000 and in accordance with the Agreement of Purchase and Sale dated February 4, 1993." -and- "That the Mayor and Clerk be authorized to execute the agreements necessary to sell Part of Lot 210 and Lot 211, Plan 303, being vacant lands on the south side of Betzner Avenue to PRAG Services Inc. at the purchase price of $41,000 and in accordance with the Agreement of Purchase and Sale dated February 19, 1993."