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HomeMy WebLinkAboutCouncil Minutes - 1993-04-13COUNCIL\1993-04-13 COUNCIL MINUTES APRIL 13, 1993 The Council of the Corporation of the City of Kitchener met this date with all members present. On motion by Alderman C. Zehr, the minutes of the regular meeting held on March 29, 1993, as mailed to the Mayor and Aldermen, were accepted. A. Communications referred directly to file (1) Letter from the Honourable Ed. Philip, Minister of Municipal Affairs, acknowledging Council's recent resolution requesting an amendment to the appropriate legislation to allow municipalities to have site plan control with respect to gravel pits. He further indicates that a copy of our correspondence has been forwarded to the Minister of Natural Resources and to the Commission on Planning and Development Reform in Ontario. (2) Letter from John H. Reimer, M.P. to which he has attached a response from the Deputy Minister of National Revenue on behalf of the Honourable Otto Jelinek regarding the Serial Killer Cards and Board Game. Mr. Edward Dyck appeared on behalf of Dandy's Restaurant concerning a recommendation by staff that a request to operate a sidewalk patio at 85 King Street West, be refused. Council was in receipt of a report and recommendation from Ms. L. MacDonald dated April 7, 1993 indicating that the licence should be refused on the basis of Fire Department concerns over a table located in front of an apartment entrance, as well as complaints received during the past two years involving untidiness, the general appearance of the patio and failure to cleanup spills in the vicinity. Mr. Dyck indicated that in the past he has been co-operative in responding to any complaints. He noted that in response to concerns expressed by the Fire Department over access to an adjacent apartment, the third table in question will be removed. In response to the issue of sanitation he indicated a willingness to install a second refuse container. Mr. Dyck stated that the patio is required by the restaurant and asked that permission be granted on condition that only two tables will be installed. He re- stated his willingness to respond promptly to any complaints brought to his attention by City staff. Alderman M. Yantzi cited problems with the patio in the first year of operation as well as subsequent complaints which have not been acted upon. He expressed the opinion that a sidewalk patio is a privilege which the City is at liberty to withdraw. Alderman C. Zehr asked staff to clarify whether the concerns expressed in Ms. MacDonald's report were communicated to the restaurant operator. Fire Chief J. Hancock advised that discussion had taken place involving inspectors relative to the access complaint, but he would have to research the issue further in order to verify written communication to the operator. Moved by Alderman J. Ziegler Seconded by Alderman M. Wagner That Council grant the request from the operator of Dandy's Restaurant for a patio on a portion of the sidewalk directly in front of the premises at 85 King Street West on the understanding that said patio will accommodate no more than two tables, that two refuse containers will be provided and any spills or other litter will be cleaned up promptly, and further, That staff be instructed to provide written notice to the operator of any complaints received, as well as to comment on their degree of satisfaction with his response. Alderman G. Lorentz suggested a 30 day trial period followed by a re-assessment. Alderman J. Ziegler added that in his opinion, all sidewalk patio requests should be revokable on 30 days notice. Mayor D.V. Cardillo noted that Council was not in receipt of standards developed by staff to assess patio requests and that these should be dealt with prior to making any specific location decisions. Alderman G. Leadston noted complaints received over the past two years involving Dandy's Restaurant and suggested that loss of the patio would not jeopardize the viability of the restaurant. In response to a question from Alderman M. Wagner concerning 30 days notice, Mr. J. Wallace advised that the amount of notice given must be reasonable and would also depend on the amount of money invested in the patio. Moved by Alderman G. Lorentz Seconded by Alderman C. Zehr COUNCIL M/NIYFES - 164 - APRIL 13, 1993 That the above motion by Alderman J. Ziegler, seconded by Alderman M. Wagner be amended to provide that Council grant a 30 day licence to Dandy's Restaurant for a patio on a portion of the sidewalk in front of 85 King Street West, with staff to reassess the situation at the end of that period. Alderman B. Stortz pointed out that a 30 day licence commencing this date would have little impact in addressing the problem as patios are infrequently used at this time of the year. Alderman J. Ziegler amended his previous motion to stipulate that the City reserves the right to revoke such licence on 15 days notice. A recorded vote was requested. The amending motion by Alderman G. Lorentz, seconded by Alderman C. Zehr to grant a 30 day licence was voted on. In favour: Aldermen G. Lorentz, C. Zehr. Contra: Mayor D.V. Cardillo, Aldermen B. Stortz, M. Wagner, M. Yantzi, J. Smola, G. Leadston, J. Ziegler, T. Galloway and C. Weylie. MOTION LOST. The main motion as amended by Alderman J. Ziegler, seconded by Alderman M. Wagner to grant the request subject to the agreement specifying the City's right to revoke the licence with 15-days notice was voted on. A recorded vote was requested. In favour: Aldermen M. Wagner, J. Ziegler, T. Galloway and C. Zehr. Contra: Mayor D.V. Cardillo, Aldermen B. Stortz, M. Yantzi, J. Smola, G. Leadston, G. Lorentz and C. Weylie. MOTION LOST. Moved by Alderman M. Yantzi Seconded by Alderman B. Stortz That City Council refuse the request from the operator of Dandy's restaurant for a patio on a portion of the sidewalk directly in front of the premises located at 85 King Street West. A recorded vote was requested. In favour: Mayor D.V. Cardillo, Aldermen B. Stortz, M. Yantzi, J. Smola, G. Leadston, G. Lorentz, C. Weylie and C. Zehr. Contra: Aldermen M. Wagner, J. Ziegler and T. Galloway. Carried. Mr. Paul Britton, of MacNaughton, Hermsen, Britton, Clarkson, was in attendance on behalf of the owners and in support of clause 5 (Official Plan Amendment 142 and Zone Change Application 92/30/W/LM) and clause 9 (Zone Change Application 90141GIJW) but did not address Council. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie That clause 5 of the Planning and Economic Development Committee report of this date be adopted. COUNCIL MINUTES - 165 - APRIL 13, 1993 Carried. Alderman T. Galloway commented on the recommendation listed as clause 9 in the Planning and Economic Development Committee report of this date relative to a proposed gravel pit. He expressed the opinion that all residents have not received the appropriate notice and been given an opportunity to respond. He advised that he had distributed a letter to residents within the large rural block affected and had received notice of some concerns. He had also spoken with individuals who responded to the original circulation in 1990, two of which have received no further response from either staff or the owners representative. He referred specifically to a Mr. Dane and a Mrs. Haddad. Alderman Galloway also advised that he had contacted the abutting property owner who has a direct interest in the proceedings and was advised that he has not received the staff report which was mailed two weeks ago, though he does not appear to have any objection to the proposal. Alderman T. Galloway expressed concern that the entire process was poorly communicated and given the fact that the application is approximately three years old, should be re-circulated for comment. Notwithstanding the above, he indicated his support for the recommendation. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie That clause 9 of the Planning and Economic Development Committee report of this date be adopted. Carried. Mr. Neil Taylor appeared on behalf of Mr. George Miller concerning clause 10 of the Planning and Economic Development Committee report of this date (Official Plan Amendment OPA 93/3 and Zone Change Application 93/4/H/TM). Mr. Taylor referred to his previous presentation brief circulated to the Planning and Economic Development Committee. In addition, he circulated this date a document entitled Facts for Further Consideration of the Application (proposed Women's Correctional Facility). Mr. Taylor read from the document circulated this date in order to clarify what he perceives as several areas of confusion involving the intentions of the Federal Government, the jurisdiction of same with respect to compliance with planning regulations and the uses permitted within a General Industrial Zone. He stressed that the prison is clearly intended as a residential care facility and as a result is not permitted within a General Industrial area, but would be allowed within a Major Institutional land use category. He also suggested that City staff have failed to adequately explain why Section 5.8 of the Comprehensive Zoning By-law was amended a year ago so as to require that the use of any land or building in any zone for purposes of the public service be subject to compliance with the most restrictive regulations contained in such zone. He referred to the permitted uses within the existing zoning and suggested that at present there is no allowance made for a facility of the type proposed by the Federal Government. He asked that Council support and process both the Official Plan Amendment and Zone Change Applications submitted by Mr. Miller. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie That clause 10 of the Planning and Economic Development Committee report of this date be adopted. Alderman J. Ziegler indicated that he would not support the recommendation due to ambiguities in wording and suggested that the planning process should be followed in this instance. Alderman T. Galloway congratulated Mr. G. Miller and Mr. N. Taylor on the time spent and research conducted in pursuing this issue. Alderman Galloway referred to his written comments previously circulated to the Planning and Economic Development Committee and reviewed the key elements of his argument. He stated that in his opinion both applications should be processed on the basis that the Federal Government wishes to obtain appropriate zoning and has no intention of over-riding the municipal planning process. In this regard, he felt that the issue of Federal jurisdiction is irrelevant. He also concurred with the previous comments of Mr. Taylor concerning the necessity of the Federal COUNCIL M/NIYFES - 166 - APRIL 13, 1993 Government complying with the most restrictive regulations as stated in clause 5.8 of the zoning by-law. Alderman Galloway stated that the application should be processed to ensure appropriate use and should be rezoned to allow for a residential care facility. He also indicated that such action would address the need for an open public process. A recorded vote was requested. Alderman M. Yantzi pointed out that interpretation of the zoning requirements is the key to this issue, with Alderman Galloway holding a view which differs from that of staff. Alderman Yantzi acknowledged that the view of the latter has been consistent throughout the process, and suggested that if the clause cited is inappropriate the zoning by-law should be amended. Alderman T. Galloway pointed out that the current draft of the new municipal plan has no clause relative to public service, as is the case in the current plan, and this may be an oversight. He repeated his earlier statement that clause 5.8 is very clear as regards compliance. The motion by Alderman J. Ziegler, seconded by Alderman C. Weylie, to adopt clause 10 of the Planning and Economic Development Committee report of this date was voted on. In favour: Mayor D.V. Cardillo, Aldermen B. Stortz, M. Wagner, M. Yantzi, J. Smola, G. Leadston, C. Zehr, G. Lorentz and C. Weylie. Contra: Aldermen J. Ziegler and T. Galloway. 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. Voted on clause by clause. Clauses 5 & 9 - Dealt with under delegations and Carried. Clause 10 - Dealt with under delegations and Carried on a recorded vote. Balance of Report - Carried. Moved by Alderman C. Zehr Seconded by Alderman G. Lorentz That the report of the City Hall Steering Committee of this date be adopted. Carried. Moved by Alderman G. Lorentz Seconded by Alderman B. Stortz That the report of the Community Services Committee of this date, be adopted. Carried. Alderman C. Zehr asked, and it was generally agreed, that in response to subsequent staff discussions, clause 6 of the Finance and Administration Committee report be amended so as to authorize the Mayor and Clerk to execute a new sidewalk patio encroachment agreement for the 1993 season which is satisfactory to the City Solicitor. 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. Clause 6 - Carried, as amended. COUNCIL MINUTES - 167 - APRIL 13, 1993 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. Carried. Alderman T. Galloway referred to a Zone Change Application and Plan of Subdivision recently submitted relative to the Doon/Brigadoon area. He advised that he has toured the site and met with residents, some of whom have concerns regarding traffic on Homer Watson Boulevard. He noted that the Brigadoon Community Plan intended that development be restricted until such time as Homer Watson Boulevard is widened and improved. It was assumed that this would take place before the second phase of the development, however, these improvements have since been delayed. Moved by Alderman T. Galloway Seconded by Alderman J. Ziegler That staff be directed to give consideration to an amendment of the Brigadoon Community Plan concurrent with the processing of the relevant Zone Change Application and Plan of Subdivision which would have the effect of controlling development in conjunction with the road improvements involving Homer Watson Boulevard. Mr. T.B. Stanley advised that the issue under discussion is a complicated one and was recently the subject of a detailed transportation study. He referred to recommendations contained in the Doon South/Brigadoon Transportation Network Analysis and Corridor Study relative to future needs and the construction of a partial interchange. He cautioned that any decision made this date would be premature, and suggested that this issue be addressed by the Planning and Economic Development Committee in conjunction with the proposed Plan of Subdivision so as to allow a broad range of comments. Alderman J. Ziegler commented that staff should address this issue relative to future applications. Alderman T. Galloway noted that the study referred to by Mr. Stanley assumes a widening of Homer Watson Boulevard and the recommendations therein will have no impact on the motion put forward this date. He clarified that he wishes staff to consider whether the restrictions should apply to this and other development applications. The motion by Alderman T. Galloway, seconded by Alderman J. Ziegler, directing staff to consider an amendment to the Brigadoon Community Plan was voted on and Carried. Alderman C. Zehr relayed comments received by the chairman of a recent precision skating event from participants and guests who were pleased with the efforts made by Kitchener Auditorium staff to accommodate the needs of the event. Alderman C. Zehr advised that an Idlewood resident had recently expressed concern over the safety of children as it relates to the recent closing of Heritage Drive. He noted that the resident was informed the street has been closed for a trial period and that this will be reassessed at a later date. He stated that it was his understanding Council had previously asked that an observer be located on Indian Road and Montcalm Drive to monitor the situation and report any safety concerns to Council. At the request of Mr. R.W. Pritchard, Council agreed to add four additional by-laws to the agenda for three readings this date relative to clauses 5 & 9 of the Planning & Economic Development Committee report of this date, as well as amendments to Zoning By-laws 4830 and 85-1 (Winfield Developments Canada Limited). 7. Moved by Alderman M. Yantzi COUNCIL M/NIYFES - 168 - APRIL 13, 1993 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 amend Chapter 506 of The City of Kitchener Municipal Code regarding Amusement Arcades - Regulation (b) To confirm all actions and proceedings of the Council (c) Being a by-law to adopt Amendment No. 142 to the Official Plan (d) Being a by-law to amend By-law 85-1 - Uniroyal Goodrich Canada Inc. - Weber Street West - No.92/30/VV/LM (e) Being a by-law to amend By-law 4830 known as the Zoning By-law - Winfield Developments Canada Ltd. - Glasgow Street - No.88/50/G/JG (f) Being a by-law to amend By-law 85-1 known as the Zoning By-law - Winfield Developments Canada Ltd. - Glasgow Street - No.88/50/G/JG and that the same be taken as read a first time and stand referred to the Committee of the Whole Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor D.V. Cardillo appointed Alderman C. Zehr as Chairman. On motion, the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the Chair. 8. Moved by Alderman C. Zehr 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 M. Yantzi Seconded by Alderman G. Lorentz That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to amend Chapter 506 of The City of Kitchener Municipal Code regarding Amusement Arcades - Regulation (By-law No. 93-74) (b) To confirm all actions and proceedings of the Council Being a by-law to adopt Amendment No. 142 to the Official Plan (c) (By-law No. 93-75) (By-law No. 93-76) (Cont'd) (d) Being a by-law to amend By-law 85-1 - Uniroyal Goodrich Canada Inc. - Weber Street West - No.92/30/W/LM (By-law No. 93-77) COUNCIL M/NIYFES - 169 - APRIL 13, 1993 (e) (f) Being a by-law to amend By-law 4830 known as the Zoning By-law - Winfield Developments Canada Ltd. - Glasgow Street - No.88/50/G/JG (By-law No. 93-78) Being a by-law to amend By-law 85-1 known as the Zoning By-law - Winfield Developments Canada Ltd. - Glasgow Street - No.88/50/G/JG (By-law No. 93-79) be taken as read a third time, be finally passed and numbered serially by the Clerk. Carried. On motion, the meeting adjourned. MAYOR CLERK COUNCIL M/NUTES - 170 - APRIL 13, 1993 REPORTS ADOPTED BY COUNCIL - APRIL 13, 1993 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE That, Planning and Economic Development Committee recommend acceptance of Official Plan Amendment Application 93/2 (Comprehensive Flood Plain Planning Policies City Initiated) for processing with the clear understanding that processing in no way implies acceptance or rejection of this application. That Council receive for information the 1993 operating costs of Kitchener Housing's developments. That the following proposed street names be approved for Draft Plan of Subdivision 30T- 90031 (Monarch Construction Limited): Street One - Street Two - Street Three - Street Four - Street Five - Street Six - Street Seven - Monarch Wood Drive Manorbrook Court Mancroft Place Marigold Court Melbourne Place Moorcrest Place Mossgrove Court That an exemption to Council's Street Naming Policy be granted in order to allow Street One -"Monarch Wood Drive" in Plan of Subdivision 30T-90031 (Monarch Construction Ltd.) to use the name suffix "Drive" rather than "Crescent". That the proposed street name "Bramblewood Street" be approved for Street "Six" of draft Plan of Subdivision 30T-88033 (Cybau Holdings Inc.) That, City Council approve the attached Official Plan Amendment (Uniroyal Goodrich Canada Inc. - 409 Weber Street West), being an amendment to the Kitchener Official Plan to: (i) Amend Section IV. 11 "Policies for Specific Areas" by replacing the existing Special Policy Ixxx and replacing it with the following Special Policy Ixxx: Notwithstanding the General Industrial designation on those lands generally bounded by Weber Street and the railway right of way between Guelph Street and the City of Kitchener boundary, free-standing office uses to a maximum floor space ratio of 1.0 shall also be permitted. In addition, all buildings within 30 metres of any residential zone shall be subject to a height restriction in the implementing Zoning By-law" It is the opinion of this Committee that the approval of this Amendment is proper planning for the City. That, Zone Change Application 92/30/W/LM (Uniroyal Goodrich Canada Inc.) requesting a change in zoning from General Industrial Zone (M-2) under By-law 85-1 with a Special Use Provision to Public Park Zone (P-l) and General Industrial Zone (M-2) both under By-law 85-1 with a revision to the existing Special Use Provision to permit free-standing office to a maximum floor space of 23,225 square metres on lands described as: Part of Lot 8, registered Plan 373, Part of Lot E, Registered Plan 386, Part of Lot 24, Compiled Plan of Subdivision of Lot 15, German Company Tract, more particularly described as Part 1, Reference Plan 58R-5554, 409 Weber Street West, be approved in the form shown in the Proposed By-law attached, dated February 1, 1993, as revised April 5, 1993 to reword Clause #4 (Subsection 67 of Appendix "c") of the Proposed By-law in accordance with the recommendation in staff report PD 42/93. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE APRIL 13, 1993 COUNCIL M/NIYFES - 171 - APRIL 13, 1993 5. (Cont'd) It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with a recommended Amendment (Uniroyal Goodrich Canada Inc. - 409 Weber Street West) to the City's Approved Official Plan. (DEALT WITH UNDER DELEGATIONS AND CARRIED) That Planning and Economic Development Committee approve amendment of the Bridgeport East Secondary Plan as follows: a) Section 5.2 be amended by adding the following special policy: "Notwithstanding Section 5.2.1 a triplex may be permitted in the existing dwelling located at 51 Schweitzer Street." It is the opinion of this Committee that the approval of this Amendment to the Secondary Plan is proper planning for the City. That Zone Change Application 92/28/S/PMc (Lyle, Helen & Sheila Nunn) requesting a change in zoning from Restricted Residential (R2A) to Semi-Restricted Residential (R2) with special regulations according to By-law 4830 on Part of Lot 1, Registered Plan 675, be approved without conditions. It is the opinion of this Committee that the approval of this application is proper planning for the City. That Zone Change Application 92/40/H/PMc (K.E. Gysbers) requesting a change in zoning from Semi-Restricted Residential (R2) to Semi-Restricted Residential (R2B) according to By-law 4830, and described as Part of Lot 23, Registered Plan 384, be approved, in the form shown in the proposed By-law attached dated February 16, 1993, without conditions. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with the City's Approved Official Plan. That Zone Change Application 1/86/A/ZJ (Slobodan & Jelena Radojcin) requesting a change in zoning from Semi-Restricted Residential (R2B) to Semi-Restricted Residential (R2) with a special regulation according to By-law 4830 on Lot 65 and Part of Lot 64, Registered Plan 34 and Part of Lot 4, Registered Plan 399, be approved, in the form shown in the proposed By-law attached, dated February 16, 1993, subject to the following conditions being satisfied prior to any readings of the By-law by Council. To arrange for notification by letter from the Regional Municipality of Waterloo to the City's Clerk, that all Regional requirements have been satisfied with respect to the proposed zone change. The Owner install a 1.5 metre high solid wood fence along the rear property line and to demarcate the parking spaces as noted on the Site Plan and to install "Emergency/Fire Route" signs along the driveway access, all to the satisfaction of the City's Director of Development. The Owner acknowledges that Conditions 1 and 2 hereof are 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 1/86/A/ZJ by resolution. In the event this requirement is not fulfilled within the seven month period, Council shall consider rescinding its zone change approval. It is the opinion of this Committee that the approval of this Application is proper planning for the City and is in conformity with the City's Approved Official Plan. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE APRIL 13, 1993 COUNCIL M/NIYFES - 172 - APRIL 13, 1993 9. (A) That Zone Change Application 90/4/G/JW (Stamm Investments Limited) requesting a change in zoning from Agricultural (A-l) to Agricultural (A-l) with special use and special regulation provisions on Part Lots 140, 141 and 142, German Company Tract, be approved in the form shown in the Proposed By-law, attached, dated September 11, 1992, subject to the following conditions being satisfied prior to any readings of the By-law by Council: To arrange for notification by letter from the Regional Municipality of Waterloo to the City's Clerk, that all Regional requirements have been satisfactorily addressed with respect to the proposed development. To arrange for notification by letter from the Ministry of Natural Resources to the City's Clerk, agreeing to recommend to the Minister, City Council's endorsed plans and conditions as specified in Part (B) of this resolution. The owner acknowledges that Conditions 1 and 2 hereof are required to be satisfied no later than seven (7) months from Council having approved the amending zoning by-law relative to Zone Change Application 90/4/G/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 the approval of this Application is proper planning for the City and is in conformity with the City's Approved Official Plan. (B) That the Ministry of Natural Resources have regard to the following matters in considering the application of Stamm Investments Limited for a Class A Licence on Part Lots 140, 141 and 142, German Company Tract: Approval by the City of Kitchener of a zoning by-law to permit a pit is based on the Existing Features Plan, Operational Plan, Rehabilitation Plan, Cross Sections and Detail Plans, and Notes thereto, dated 93 01 28 and attached to Report PD 121/92. The City of Kitchener requests that these plans be the basis of the licence application. The City of Kitchener requests that the following notes be included on the Aggregate Resources Act site plans: (a) Planting to be completed within one year of commencing berm construction. (b) Erosion and siltation control measures to be implemented for berm construction and maintained until ground cover is well established on berms. (c) That a groundwater monitoring program for all residential dwellings in proximity to the pit be established to the satisfaction of the Ministry of the Environment and the Ministry of Natural Resources. (DEALT WITH UNDER DELEGATIONS AND CARRIED) 10. That, whereas the establishment of a correctional facility in a municipality falls under Canada's constitution within the exclusive jurisdiction of the Federal Government, and whereas, the proposed correctional facility, as a public service use, presently complies fully with both the City's Official Plan and Zoning By-law 85-1 in any event; that Council take no action respecting further processing of Official Plan Amendment OPA 93/3 and Zone Change Application 93/4/H/TM (George Miller) as these applications are not required for the proposed use and further, that the full application fees, in full, be refunded to the applicant. (DEALT WITH UNDER DELEGATIONS AND CARRIED) CITY HALL STEERING COMMITTEE That use of the City's Coat of Arms be expanded to include the Signage pylons, and the King Street revolving doors. CITY HALL STEERING COMMITTEE APRIL 13, 1993 2. That the Public Arts Trust Fund Benefactors Board, as presented by KPMB, be located on the COUNCIL M/NUTES - 173 - APRIL 13, 1993 King Street stone wall in the Ground Floor Interior Square. That the Cornerstone and Time Capsule be located within the concrete plinth next to the Restaurant in the Civic Square. That pending the finalization of the terms of the Sculpture Contract and without prejudice to such negotiations, the sum of $3,000. be advanced by the City to Brad Golden and Lynne Eichenberg to purchase on behalf of the City (with ownership thereof to be in the City) the lettering for installation in the concrete benches at the time of the pour. COMMUNITY SERVICES COMMITTEE That the Mayor and Clerk be authorized to sign and seal an Agreement of Purchase and Sale with the Regional Municipality of Waterloo for the property municipally known as 3565 King Street East, Kitchener (Emergency Measures Property) at a purchase price of $8,000.00. That the Parks & Recreation Department Mission Statement, Commitments and Major Goals, as presented to the Community Services Committee on April 5, 1993 be accepted as a draft document, to be circulated to known stakeholders for comment; and further, That a revised Mission Statement, Commitment and Major Goals be prepared, based on comments received, to be presented to the Community Services Committee for final approval. FINANCE AND ADMINISTRATION COMMITTEE That the City of Kitchener permit the sale of Break-Open Tickets from Third Party Locations subject to adoption of both the Provincial Terms and Conditions and the City of Kitchener Additional Terms and Conditions as appended to the report of Mrs. J. Koppeser dated March 31, 1993, and, That Council approve the hiring of one additional part-time staff person in the Licensing Division relative to enforcement of the above, the cost of which is to be offset by increased revenues, and further, That staff review the above initiative after six months of operation and report to the Finance and Administration Committee, and submit a further report on an annual basis. That Council agree in principle to make application for special legislation relative to Specific Location Daily Sales Licenses for all Hawkers and Pedlars, to include but not be limited to the sale of fireworks and so as to require that the sales location owner apply for a licence rather than the vendor, and in this regard Mr. J. Wallace provide the appropriate wording for consideration by the Finance and Administration Committee on April 19, 1993. That Council authorize a budgeted expenditure from the Computer Reserve Fund in the amount of $145,000.00 for the purchase of Sybase database software relative to the new Utility Management and Tax Administration Systems. That staff reimburse Mrs. Elizabeth Parker in the amount of $2,760.00 for the application, legal and survey costs incurred by her as a result of her application for severance and minor variance relative to 167 Sydney Street South. That the City of Kitchener respectfully decline the invitation of the City of Potsdam, Germany, to participate in its "Canadian Week" to mark the City's 1000 year anniversary. That relative to the property at 300 King Street West (Slices Restaurant) the Legal Department be directed to exercise the 60 day Notice of Termination clause in the existing agreement in order to allow application under the terms of a new agreement, and further, That the Mayor and Clerk be authorized to execute a new sidewalk patio encroachment agreement for the 1993 season satisfactory to the City Solicitor. (CARRIED, AS AMENDED) LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE APRIL 13, 1993 COUNCIL M/NIYFES - 174 - APRIL 13, 1993 That pursuant to Section 33 of the Ontario Heritaqe Act, Council grant the owner's request to construct one off-street parking space in front of the property known municipally as 25 Maynard Avenue as outlined in the letter of Mr. Merrick Jarrett dated February 1, 1993 and Committee of Adjustment Submission A21/93. That pursuant to Section 33 of the Ontario Heritaqe Act, Council grant the owner's request to spot repoint the building fabric and carry out minor stone repairs and resetting to the property known municipally as 110 Arlington Blvd. - Woodland Cemetery (Protestant Mausoleum) as outlined in the memorandum of Mr. G. Kett dated February 5, 1993 and the project specification appended thereto, and further, That the above approval be conditional upon use of the mortar mix recommended in the Ministry of Culture and Communications' specification for the repointing of historic masonry, and the satisfactory completion of a test patch to be inspected and approved by a representative of the City's Building Division. That pursuant to Section 33 of the Ontario Heritaqe Act, Council grant the owner's request to install signage and awnings for the Imperial Dining Lounge on the King Street elevation of the property known municipally as 1-11 King Street West (Walper Hotel), in accordance with the amended drawing approved by the L.A.C.A.C. sub-committee and presented to the Committee proper on April 2, 1993. PUBLIC WORKS AND TRANSPORTATION COMMITTEE That Safety-Kleen be requested to undertake appropriate investigations and assume the costs of remedial measures required to control odours at the Forwell Sewage Pumping Station, and further, That Proctor and Redfern, Consulting Engineers, be retained to investigate and report on remedial measures with respect to equipment vibrations at this Pumping Station. That, effective June 21, 1993, the Transit Service reductions for the following routes, as presented to the Public Works and Transportation Committee on April 5, 1993, be approved: Route 2 - Glencairn Route 2 - Forest Hill Route 3 - Idlewood Route 10 - Chicopee Route 10 - Conestoga College Route 16 - Brigadoon. That the past practice of providing annual sewer surcharge rebates be continued in the following cases: a) b) c) d) industrial process water evaporation losses - (cooling, humidification) ice making (arenas and outdoor rinks) snow making, and further, That rebates be provided following compliance with the foregoing criteria and the existing application procedures, and further, That rebates not be provided in the following cases: a) b) public and private swimming pools all lawn watering, and further, That rebates only be provided in cases where the value exceeds $100.00 in any given year. That the works to be undertaken out of the 1993 Street Lighting Capital Budget be in accordance with the report dated March 30, 1993, prepared by Mr. D. Suzuki, Commissioner of Public Works and presented to the Public Works and Transportation Committee on April 5, 1993, and further, That no action be taken regarding the installation of street lights on the public lane leading from Peter Street to Sandhills Park. 5. That His Worship Mayor D. Cardillo and Alderman J. Ziegler be appointed as City of Kitchener COUNCIL MINUTES - 175 - APRIL 13, 1993 Council representatives to attend a special meeting to discuss the eligibility criteria for users of Project Lift. COMMITTEE OF THE WHOLE MINUTES APRIL 13, 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. Execution - 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 $10,538.21 pertaining to the theft of equipment from the Breithaupt Maintenance Building on June 13, 1992." 2.Licensinq Aqreement - Laurentian Pre School It was resolved: "That the Mayor and Clerk be authorized to execute a Licensing Agreement dated March 17, 1993 to allow the Laurentian Pre School to use a portion of the Kitchener Lions Community Arena from May 28, 1993 to May 28, 1994 for rent in the sum of $2,100.00." 3.Reqion of Waterloo - Billinq Aqreement - Landfill Tippinq Fees It was resolved: "That the Mayor and Clerk be authorized to execute the proposed Billing Agreement, effective January 1, 1991, with the Region of Waterloo for Landfill Tipping Fees." 4.Aqreement of Purchase/Sale - VICTORIA PARK WARD It was resolved: "That the Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale dated April 5, 1993, to sell Part of Lot 64, Plan 303 and Lot 182, Streets and Lanes designated as Parts 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, Plan 58R-8590, known municipally as 310 Charles Street East to Achievement in Motion: A Psychosocial Rehabilitation Program for the Waterloo Region, at the purchase price of $325,000.00; and further That the Mayor and Clerk be authorized to execute any further documentation as required by the City Solicitor to complete the transaction." 5.Taq Day It was resolved: "That the City of Kitchener approves of the Canadian Cancer Society, Kitchener-Waterloo Unit, holding its 14th Annual Air Cadets Scott Wilson Tag Day for Cancer, in Kitchener on Saturday, April 10, 1993." 6. Encroachment Aqreements It was resolved: COMMITTEE OF THE WHOLE MINUTES APRIL 13, 1993 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owners of Part Lot 6. Encroachment Aqreements (Cont'd) 421, Registered Plan 376, known as 145 Shanley Street, to legalize the existing garage as it extends, 4 feet, more or less, onto the adjacent public laneway." - and - "That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the operator(s) of J.J.T. Inc., carrying on business as Mr. Submarine, to extend the restaurant licence to include the operation of a hotdog cart on the sidewalk in front of the restaurant located at 48 King Street West, Kitchener." 7. Tenders Alderman B. Stortz questioned Tender T93-64 (Playground Equipment) and asked that the budget amount included in the report be clarified. Mr. F.S. Graham replied that these amounts relate to both the total park budget and the specific equipment allocation. Alderman C. Zehr suggested that tenders should specify the specific budget amount allocated to any one component such as playground equipment. Mr. T. McKay explained that, in many cases, these budgets are allowances and that recreation facilities have lump sum budgets. Alderman G. Lorentz questioned Tender T93-15 (Industrial Tractor Loader Backhoe) and asked whether it was the Purchasing Division's practice to trade-in rather than auction equipment. Mr. L. Gordon replied that trade-ins have been sought over the past year and it is both his opinion and the Fleet Division's that better value is obtained by this method. He also pointed out that in this particular instance the lowest submission was not accepted as the equipment bid was too small to address City needs. Mr. T. McKay further clarified that in both cases the two lowest bids contained 10 equipment deficiencies. It was resolved: "That proposal P93-64, Playground Equipment Supply & Install, be awarded to Henderson Recreation Equipment Limited of Norwich, Ontario, at their proposed price of $53,034.50 plus G.S.T." - and - "That tender T93-1, Concrete Sidewalk & Curb Repairs, be awarded to 410754 Ontario Limited O/A Sousa Concrete, Branchton, Ontario at their tendered price of $310,963.40." - and - "That tender T93-3, Concrete Sidewalk and Curb Construction, be awarded to 410754 Ontario Limited O/A Sousa Concrete, Branchton, Ontario at their tendered price of $145,680.50." - and - "That tender T93-30, for Watermain Cleaning, be awarded to Pipeline Cleaning Hydrant Services of Mississauga, at their tendered price of $138,851.18." - and - "That Expression of Interest E93-36, Consultant Services - Watermain Replacement - Victoria Street North, Wood Street and Lorne Crescent and Seneca Drive, be awarded to Kleinfeldt Consultants Limited, Kitchener, subject to a satisfactory agreement being negotiated COMMITTEE OF THE WHOLE MINUTES APRIL 13, 1993 REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) and an upset fee established." - and - 7.Tenders (Cont'd) "That tender T93-15, 57kw (90hp) Industrial Tractor Loader Backhoe, be awarded to Advance Construction Equipment Limited, Kitchener at their tendered price of $83,275. plus G.S.T. and P.S.T. and less trade-in amount of $11,500." 8.Binqo Application - 822 (Tutor) Squadron, Royal Canadian Air Cadets Council was in receipt of a report and recommendation from Mrs. J. Koppeser dated April 7, 1993 concerning an application from the above organization for a Provincial licence. It was resolved: "That the City of Kitchener has no objection to a Provincial Licence being issued to 822 (Tutor) Squadron, Royal Canadian Air Cadets, P.O. Box 241, Breslau, provided that Council's approval is subject to the following: 1 .That the applicant limit its bingo activities to the City of Kitchener; 2.That the applicant meet all terms and conditions of Kitchener's Consolidated Bingo Regulations as passed by City Council; 3.That the applicant meet with the Manager of Licensing to review the above regulations prior to any licence being issued; 4.That for record purposes, copies of all bingo reports for licences issued be forwarded to the municipality; and, 5.That all Provincial Bingo Lottery requirements are met." 9.Encroachment Aqreements - 323 Kinq Street West; 10 Kinq Street East; 24 Gaukel Street; 312 Kinq Street West Council was in receipt of a report from Ms. L. MacDonald dated April 8, 1993, recommending that the City authorize execution of encroachment agreements for the above properties. It was resolved: "That, subject to receiving approval from the City of Kitchener Fire Department and the Waterloo Regional Health Unit, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor with the owners/operators of Sol-Mar Restaurant to extend their restaurant licence to include the operation of a hotdog cart on the sidewalk in front of the restaurant located at 323 King Street West to be operated for the 1993 season." - and - "That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owners/operators of Big City Donuts to permit the use of eight (8) feet of sidewalk directly in front of Big City Donuts, located at 24 Gaukel Street, for the creation of a sidewalk patio to be operated for the 1993 season." - and - "That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owners/operators of Especially Coffee to permit the use of two (2) feet of sidewalk directly in front of Especially Coffee, located at 10 King Street COMMITTEE OF THE WHOLE MINUTES APRIL 13, 1993 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) East, for the creation of a sidewalk patio to be operated for the 1993 season." 9.Encroachment Aqreements - 323 Kinq Street West; 10 Kinq Street East; 24 Gaukel Street; 312 Kinq Street West (Cont'd) - and - "That, subject to receiving a Public Hall Licence and a Restaurant Licence from the Manager of Licensing and receiving approval from the City of Kitchener Fire Department and the Waterloo Regional Health Unit regarding the hotdog cart, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner of the restaurant/night club known as Stages to extend their restaurant licence to include the operation of a sidewalk patio on a portion of the sidewalk directly in front of Stages, and the operation of a hotdog cart at a designated area on the sidewalk within the sidewalk patio, for the 1993 season." 10. Encroachment Aqreement - 1 Kinq St.W. (Imperial Dininq Lounqe) Council was in receipt of a report from Ms. L. MacDonald dated April 7, 1993 recommending execution of the agreement. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner(s) and tenant of 1 King Street West, described as part of Part Lot 1, Registered Plan 381, to permit the installation of two canopies with signage on the existing building which will encroach 3.51 feet, more or less, onto the King Street road allowance." 11. Restrictive Covenant - Quit Claim Deed - 101 Webster Road Council was in receipt of a report and recommendation from Mr. J. Shivas dated April 7, 1993. It was resolved: "That the City confirms that on April 13, 1993 the property municipally known as 101 Webster Road complied with all of the restrictive covenants, except Section 5, set out in Instrument Number 292237; and further, That the City acknowledges that a Quit Claim Deed has been registered as Instrument Number 1033487, releasing all rights of the City contained in Section 5, Title Control of Schedule 'A', to Instrument Number 292237 respecting Lot 21, Registrar's Compiled Plan 1525 and municipally known as 101 Webster Road, Kitchener."