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HomeMy WebLinkAboutCouncil Minutes - 1993-05-25COUNCIL\1993-05-25 COUNCIL MINUTES MAY 25, 1993 The Council of the Corporation of the City of Kitchener met this date with all members present except Alderman J. Smola who entered the meeting shortly after its commencement. On motion by Alderman M. Wagner, the minutes of the regular meeting held on May 10, 1993, as mailed to the Mayor and Aldermen, were accepted. A. Communications referred directly to file (1) Letter dated May 13, 1993 from Mr. John H. Reimer, M.P. commenting on Council's recent resolution concerning the North American Free Trade Agreement. (2) Letter from Honourable H. Hampton, Minister of Natural Resources, responding to Council's recent resolution concerning Site Plan Control of Gravel Pits. Alderman J. Smola entered the meeting at this point. Ms. Marj. Brown, 37 Allen Street West, Waterloo, appeared as a delegation on behalf of the Kitchener- Waterloo & Area Big Sisters relative to her request to the City's Licensing Division for permission to operate a refreshment stand in the Uniroyal Goodrich Parking Lot on Strange Street on May 30, 1993 with all proceeds being donated to K-W & Area Big Sisters. Council was in receipt of a memorandum from the Manager of Licensing respecting Ms. Brown's request, as well as a copy of her letter. Moved by Alderman G. Leadston Seconded by Alderman B. Stortz That the Kitchener-Waterloo and Area Big Sisters be granted permission to operate a refreshment stand, in the Uniroyal Goodrich parking lot, Strange Street, Kitchener, on May 30, 1993 from 1 p.m. to 4 p.m., provided that the necessary Licence and Health and Fire approvals are obtained. Carried. Messrs. Todor Mohan and Mike Gilezan, 68 Sprucedale Crescent, appeared as a delegation in support of clause 6 of the report of the Planning and Economic Development Committee of this date pertaining to the applications for Official Plan Amendment and Zone Change of St. John the Baptist Romanian Orthodox Church at 2150 Bleams Road. 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. Carried. Mr. Steve Grant, Madorin, Snyder, Carere, 235 King Street East, appeared as a delegation on behalf of D.G.M.S. Developments Limited in support of clause 4 of the report of the Planning and Economic Development Committee of this date. Mr. Grant also requested that the by-law regarding this matter which was listed as item 12(i) on the agenda receive third reading. Moved by Alderman J. Ziegler Seconded by Alderman c. Weylie That clause 4 of the report of the Planning and Economic Development Committee of this date be adopted. Carried. Mr. Neil Davis, 8 Nelson Street, Brampton, appeared as a delegation on behalf of 790072 Ontario Limited (589 Fairway Road S) with respect to revisions pertaining to their Zone Change Application and Official Plan Amendment. Mr. Davis advised that he was in support of the recommendations contained in a COUNCIL M/NUTES - 306 - MAY 25, 1993 memorandum dated May 20, 1993 from Mr. B. Stanley to Members of Council and expressed appreciation to City staff for their efforts in this regard. Moved by Alderman J. Ziegler Seconded by Alderman T. Galloway That with respect to Councils May 10, 1993 approval of Zone Change Application 93121FILB (790072 Ontario Limited), being clause 4 of the report of the Planning and Economic Development Committee, we approve further revisions to the proposed By-law dated March 25, 1993 that make the additional provision that no single outlet for the sale and rental of books, toys, apparel, fashion accessories and musical equipment, supplies and accessories shall exceed a gross leasable commercial space of 850 square metres. That Council consider the above change to the revised proposed By-law to be minor in nature and determine that no further public notice or circulation is required prior to three readings of the revised proposed By-law. That the Council of the City of Kitchener request the Regional Municipality of Waterloo to modify Official Plan Amendment No.143 so as to add the following clause to the last sentence of Policy cvi. "provided that no single outlet for the sale and rental of books, toys, apparel, fashion accessories and musical equipment, supplies and accessories shall exceed a gross leasable commercial space of 850 square metres." Carried. Mayor D.V. Cardillo advised Mr. Davis that the relevant by-law as revised, would be added to the agenda for three readings this date since all required conditions have been met. Mr. Jake Smola, 61 Hillview Street, appeared as a delegation with respect to the final Investigation Report of the Information and Privacy Commission of Ontario relative to his complaint lodged in connection with Kitchener's Firefighter Hiring Process. Alderman C. Zehr pointed out that at Council's meeting on February 8, 1993, Mayor D.V. Cardillo had ruled and informed Mr. Smola that unless he has registered and provided deputation material within the deadline for inclusion in the Council agenda, he would not be heard by City Council. Alderman Zehr stated that his point was that when Council was being asked to consider specific material within a presentation, it should be known in advance to allow an opportunity to review such material. Alderman Zehr advised that he had just received the report Mr. Smola was referring to but had not reviewed it since it was not listed on the agenda for consideration. He strongly objected to being at a disadvantage with respect to this matter and questioned why Council was allowing itself to be faced with this problem again. At Alderman Zehr's request, Mayor D.V. Cardillo reiterated his February ruling regarding Mr. Smola. Alderman J. Ziegler commented that Council practice is to permit anyone to speak and that there should not be any exceptions. Alderman C. Zehr stated that his concern was to encourage a more meaningful dialogue in respect to the delegation's presentation and this was not possible without proper prior notice that allows for review of background information. Moved by Alderman G. Lorentz Seconded by Alderman J. Smola That we grant Mr. Jake Smola a five minute extension to Council's five minute delegation time limit. Carried. Mr. Jake Smola then commenced a lengthy presentation using prepared notes as well as a flip chart to illustrate certain points. Mr. Smola charged that City Council was not receiving accurate information from its staff with respect to Human Rights and Privacy issues affecting him. He referred to previous questions he posed to City Council in an earlier presentation, commented on the intent of the Freedom of Information and Privacy Act and referred to the Privacy Protection Scheme, the ruling received as applied to his personal situation and to "denial" criteria. Mr. Smola discussed offences under the Act relative to "wilful disclosure" of COUNCIL M/NUTES - 307 - MAY 25, 1993 personal information. He referred to a pamphlet that he had distributed to City Council and stated that Mr. R. Freeborn, Commissioner of Administrative Services, was required to be conversant with relevant legislation. He specifically referred to a letter of Mr. Freeborn dated April 22, 1993 stating that "the City complied with the legislation" but it was Mr. Smola's view that Mr. Freeborn had not complied with it. He suggested that Council was carrying out its role properly in this matter but staff were not. Mr. Smola referred to his human rights complaint and noted that staff had violated his personal privacy by releasing to the press the Case Summary of the Human Rights Commission which included his name as the complainant. Mr. Smola stated that if it was not a policy of the City to release such information, then he considers it to be a direct personal attack on him by Mr. Freeborn. Alderman C. Zehr noted that a number of things that Mr. Smola stated were repetitive and asked Mr. Smola to clearly outline the bottom line as to what he wants from City Council. Mr. Smola stated that his purpose was to provide as much information as possible to City Council and specifically to provide positive input into the City's Employment Equity Program. Alderman C. Zehr commented that Mr. Smola was well aware of the City's internal review of its recruitment process and that the City was totally committed to it. He questioned Mr. Smola if he thought the review process was not working or if he wanted something else. Mr. J. Smola again stated that he did not believe Council was receiving accurate information from its staff and noted that the investigation report should be referred to the Review Committee. Alderman T. Galloway advised that Council had just received the report, but it would be provided to the Review Committee. Alderman J. Ziegler commented that errors were made in the hiring process but that Mr. Freeborn was not doing anything outside of his responsibilities and if mistakes have been made, they should not be taken as a personal attack on Mr. Smola. Alderman M. Wagner stated that he has been troubled for quite sometime about statements that have been made to Council but which Council choose to let go that should have been responded to. He asked that the minutes show that he personally had never received any deliberate incorrect information from staff. Alderman C. Zehr stressed to Mr. Smola the importance of providing Council with written material before consideration and also requested that Mr. Smola put clearly, in writing, what he wants changed or what he wishes to accomplish. Mayor D.V. Cardillo invited Mr. Smola to respond to Alderman Zehr's request. Mr. Smola advised that he was unwilling to do so and Alderman J. Ziegler stated that the heart of the matter was that Mr. Smola considers his rights to have been breached. Moved by Alderman J. Ziegler Seconded by Alderman T. Galloway That staff prepare a report outlining the City's policy, if any, on the release of private or confidential information. Carried. Mr. Mel Code, Code McKinnon, 151 Frobisher Drive, Suite B-207, Waterloo, appeared as a delegation on behalf of Dr. Stephen Code in respect to the item listed as B. 10 of the Committee of the Whole agenda of this date dealing with a revised proposed by-law prepared by staff and to request that Council add both zoning by-laws under Zone Change Application 92/34/O/JW to the agenda for three readings this date. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie That city Council's March 29, 1993, approval of Zone Change Application 92/34/O/JW (Dr. Stephen Code) be amended as follows: That the revised Proposed By-law, attached, dated May 10, 1993 replace the February 12, 1993, By-law previously approved in principle. That City Council consider the above change to the By-law implementing Zone Change Application 92/34/O/JW as minor in nature and not require any further notification prior to its passing. Carried. COUNCIL M/NUTES - 308 - MAY 95, 1993 Mayor D.V. Cardillo advised Mr. Code that the two zoning by-laws would be added to the Council agenda for three readings this date. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie That the report of the Planning and Economic Development Committee of Council of this date be adopted. Alderman M. Yantzi referred to clause 2 of the report dealing with the enactment of Stages 6/7 of the Comprehensive By-law and the transitional procedure that the Committee had considered and not approved. He stated that the procedure recommended by staff would amount to an additional service that would allow any applicant who wishes to proceed differently to have the opportunity to do so provided they assume part of the rezoning costs through payment of a second application fee. Alderman M. Wagner stated that it was his understanding that developers support the flexibility of such approach and are prepared to assume the additional cost. Alderman B. Stortz commented that the measures that were originally proposed were punitive. Mr. T. McCabe advised that any zone change applications that have been submitted would not pay the second fee and that only those situations where applications received after June 1 with the optional payment of a second fee would have the benefit of the comprehensive by-law and the existing by-law which would provide flexibility to those who considered themselves to be hindered by the process. The report was then put to a vote. Voted on clause by clause. Clause 2 - A recorded vote was requested. In Favour: Mayor D.V. Cardillo and Aldermen B. Stortz, J. Smola, G. Leadston, C. Zehr, J. Ziegler, G. Lorentz and C. Weylie. Contra: Aldermen M. Yantzi, M. Wagner and T. Galloway. Carried. Clauses 4 & 6 - Dealt with under Delegations and Carried. Balance of Report - Carried. Moved by Alderman G. Lorentz Seconded by Alderman C. Zehr That the report of the Community Services Committee of this date, be adopted. Carried. Moved by Alderman C. Zehr Seconded by Alderman B. Stortz That the report of the Finance and Administration Committee of this date be adopted. Alderman T. Galloway advised that he wished to comment regarding clause 14 dealing with the establishment of an Environmental Foundation. He stated that the proposal had a linkage to aspects of the City's Strategic Plan for the Environment and outlined objectives of the Foundation that would encourage public participation, have a fund available to undertake environmental works/programs and administer a recognition program. He noted that it would be necessary to seek private legislation to establish a foundation and that it was expected this would take approximately twelve months. Alderman Galloway noted that there were a number of sources of funding under consideration with the major source expected to be revenues from the sale of break open tickets. In summary, he stated that it was planned to hold a Public Information Open House on the proposal and that it come back to Council for final consideration. Alderman C. Weylie stated that she was opposed to the wording of the resolution on the basis that COUNCIL M/NUTES - 309 - MAY 25, 1993 approval in principle should not be given to seven pages of detail contained in the "Envirofund Kitchener" document but only to the establishment of an Environmental Foundation with referral of relevant material for additional consideration. Alderman M. Yantzi stated that he did not support funding by the sale of break open lottery tickets. Alderman C. Zehr also stated that he had previously spoken in opposition to reliance on the sale of such tickets. Alderman M. Wagner commented that it was his view that it was imperative for the proposed Foundation to receive financial support from the sale of break open tickets. Further, he commented he could not understand the ethical concerns that were being expressed by members of Council when Council regularly makes decisions regarding lotteries. On motion by Alderman C. Zehr, seconded by Alderman G. Lorentz, the Committee agreed to amend clause 14 so as to provide for approval, in principle, of the establishment of an Environmental Foundation and referral of details to the Management Committee. The report was then put to a vote. Voted on clause by clause. Clause 14 - Carried, As Amended. Balance of report - Carried. Moved by Alderman M. Wagner Seconded by Alderman M. Yantzi That the report of the Local Architectural Conservation Advisory Committee of this date 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. Moved by Alderman C. Zehr Seconded by Alderman G. Lorentz That Council approve the terms and conditions contained in a Memorandum of Settlement dated May 7, 1993, in connection with the 1993 Collective Agreement with the International Brotherhood of Electrical Workers Local #636. Further, that the Mayor and Clerk be authorized to execute any documentation arising therefrom. Carried. Alderman J. Ziegler advised that for the record he wished to be recorded as being opposed to the Memorandum of Settlement. Alderman G. Leadston advised that he had acted as Master of Ceremonies at the Kitchener Transit Rodeo held May 16, 1993 at the Kitchener Auditorium. Fourteen drivers had competed with the top driver of all scoring categories being Mr. Randy Cooke who would now be representing the City of Kitchener in the Canadian Transit Rodeo to be held in New Brunswick. Also Alderman Leadston advised that at the Rodeo, Alderman C. Weylie had represented the City of Kitchener and successfully drove a transit bus through the Rodeo course and won the Mayor's Trophy without challenge from the City of Waterloo since their candidate did not show up for the event. Mayor D.V. Cardillo also mentioned that staff had previously conducted a truck rodeo. Alderman J. Ziegler referred to the delay in completion of construction of Victoria School Village and the cost of additional interest charges that were being incurred because of such delay. It was requested that COUNCIL M/NUTES - 310 - MAY 25, 1993 Ms. S. Frenette provide an information report to City Council before its next meeting. Alderman T. Galloway referred to the Province's Expenditure Control Program and proposed Social Contract with public sector workers and noted that the City would be holding a special meeting shortly to deal with the impact on the City of reduced Provincial funding. He stated that his concern was with respect to the initiative of the Provincial Government in regard to implementation of a school Breakfast Program and stated that it was ironic that the Provincial Government was proposing a new program in concert with downloading costs on municipalities and other public agencies but be able to find monies necessary to fund such a new Program in time of spending restraint. Alderman Galloway pointed out that in discussions with former colleagues in the education field, it was his conclusion that the need for a School Breakfast was not a major issue and that a Provincial Initiative in this regard was totally inappropriate. Alderman Galloway then suggested a motion that the City correspond with the Ministry of Education and indicate its concern over the matter as being completely unnecessary and untimely in terms of Provincial Spending Programs. Alderman B. Stortz requested an opportunity to obtain additional information on this issue which could then be discussed at the next regular Council meeting. Mr. T. McKay advised that the Association of Municipalities has specifically addressed the issue of the government introducing any new programs when it is currently undermining established programs. Alderman C. Zehr advised that the City has now received official notification that the Provincial cut in unconditional grants to Kitchener would be $805,000 and that the impact of the outcome of Social Contract discussions could amount to approximately $1.7 million. He noted that a special Budget Committee Meeting will be held on June 7, 1993 commencing at 1 p.m. and that officials of the Library Board and Centre In The Square have been invited to attend. Further, he pointed out that the City may know on June 4 what action the Government proposes to take with respect to the Social Contract issue. Also he advised that the Region of Waterloo would be holding a meeting on May 27 at approximately 3:30 p.m. with all other publicly funded bodies in the Region joining Regional Council to review the entire financial picture resulting from proposed Provincial Government cutbacks. Alderman M. Wagner reminded Council that next week was "Bike to Work Week" and of the challenge between the Cities of Kitchener and Waterloo that is scheduled to take place. As indicated earlier, Council agreed to the request of Mr. L.F. Parkhouse to add three additional zoning by-laws to the agenda for three readings this date, two of which relate to Application No.92/34/O/JW on Ottawa Street South and the third being Application No.93/02/F/LB on Fairway Road South. Moved by Alderman M. Yantzi Seconded by Alderman J. Ziegler That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (b) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (c) Being a by-law to amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof (d) To confirm all actions and proceedings of the Council (e) Being a by-law to exempt a certain lot from Part Lot Control - Lot 6, Registered Plan 1732 - Zeller Court (f) Being a by-law to exempt a certain lot from Part Lot Control - Lots 18 & 22, Registered Plan 1730 - Tamvale Crescent (g) Being a by-law to amend By-law 4830 known as the Zoning By-law - Nasralla and Ibrahim - King Street East- No.91/28/K/JW (h) Being a by-law to amend By-law 4830 known as the Zoning By-law - Dr. Stephen Code - Ottawa Street South - No.92/34/0/JW (i) Being a by-law to amend By-law 85-1 - Dr. S. Code - Ottawa Street South - No.92/34/0/JW COUNCIL M/NUTES - 311 - MAY 25, 1993 (j) Being a by-law to amend By-law 85-1 - 790072 Ontario Limited - Fairway Road South - No.93/02/F/LB and that the same be taken as read a first time and stand referred to the Committee of the Whole. Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor D.V. Cardillo appointed Alderman M. Wagner as Chairman. On motion, the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the Chair. Moved by Alderman M. Wagner Seconded by Alderman B. Stortz 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. Moved by Alderman M. Yantzi Seconded by Alderman J. Ziegler That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) (e) Carried. Being a by-law to amend the City of Kitchener Municipal Code - Chapter 320 imposing a special charge on classes of buildings that impose or may impose a heavy load on the sewer or water system (By-law No. 93-100) 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. 93-101 ) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (By-law No. 93-102) Being a by-law to amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof To confirm all actions and proceedings of the Council (By-law No. 93-103) (By-law No. 93-104) (f) (g) Being a by-law to exempt a certain lot from Part Lot Control - Lot 6, Registered Plan 1732 - Zeller Court (By-law No. 93-105) Being a by-law to exempt a certain lot from Part Lot Control - Lots 18 & 22, Registered Plan 1730 - Tamvale Crescent (By-law No. 93-106) COUNCIL ~VHNUTES (h) (i) (J) (k) - 31~- MAY ~5, 1993 Being a by-law to amend By-law 4830 known as the Zoning By-law - Nasralla and Ibrahim - King Street East- No.91/28/K/JW (By-law No. 93-107) Being a by-law to amend By-law 85-1 known as the Zoning By-law - D.G.M.S. Developments Limited - Southeast corner of Homer Watson Boulevard and Block Line Road (By-law No. 93-108) Being a by-law to amend By-law 4830 known as the Zoning By-law - Dr. Stephen Code - Ottawa Street South - No.92/34/0/JW (By-law No. 93-109) Being a by-law to amend By-law 85-1 - Dr. S. Code - Ottawa Street South - No.92/34/0/JW (By-law No. 93-110) Being a by-law to amend By-law 85-1 - 790072 Ontario Limited - Fairway Road South - No.93/02/F/LB (By-law No. 93-111 ) be taken as read a third time, be finally passed and numbered serially by the Clerk. Carried. On motion, the meeting adjourned. Mayor Clerk COUNCIL MINUTES - 313 - MAY 25, 1993 REPORTS ADOPTED BY COUNCIL - MAY 25, 1993 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE 1. 1) That Kitchener Council approve Planning and Development Staff Report PD 40~93, which has been prepared as an addendum to the Municipal Housing Statement. 2) That Kitchener Council refer the Council Approved (October 15, 1991) Housing Intensification Report to the Regional Municipality of Waterloo for approval. 2. a) That Council not accept site-specific Official Plan Amendments in Mill-Courtland, North Ward, King Street East-Area 2 or any previously approved Secondary Plan areas. b) For site-specific zone changes submitted prior to the enactment of Stage 6/7, Comprehensive By-law, that the Department of Planning and Development use its best efforts to have these applications considered by Council prior to the enactment of the Stage 6/7 Comprehensive Zoning By-law. Failing such timely consideration, the City agrees not to include affected lands within the Stage 6/7 By-law; to rezone under By-law 4830, subject to the affected lands being further rezoned under a City-initiated rezoning of By-law 85-1 following O.M.B. approval of the Stage 6/7 Comprehensive By-law. c) That with respect to zoning for new draft plans of subdivision: If identified in the approved 1994 - Post 1995 Staging of Development Report as "1994 Potential Municipal Draft Plan Approval", the affected lands be zoned under By-law 4830 and not included in the Stage 6/7 Comprehensive Zoning By-law subject to the affected lands being further rezoned under By-law 85-1 by the City following O.M.B. approval of the Stage 6/7 By-law. ii) If identified in the approved 1994 - Post 1995 Staging of Development Report as "1995 o_r Post 1995 Potential Municipal Draft Plan Approval, such affected lands, subject to iii) below, be zoned Agricultural (A-l) under the Stage 6/7 Comprehensive By-law, with further rezoning applied for by the owners as an amendment to the Stage 6/7 and 85-1 Zoning By-law. iii) If the delineation of zone boundaries for 1995 or Post 1995 draft plans of subdivision can easily be shown in compliance with approved community plans with no other concerns inherent, the City may consider incorporating the appropriate zoning for such affected lands in the Stage 6/7 Comprehensive Zoning By-law. d) That Council agree to waive further preliminary zone change circulation and notice signs for zoning which was proposed as part of the Department of Planning and Development's public consultation process as part of the Stage 6/7 Comprehensive Zoning By-law or as part of the City-initiated By-law 85-1 amendments set out in b) or c) i above. It is the opinion of this Committee that the approval of these procedures is proper planning for the City. That Planning and Development Staff Report PD 49/93 be forwarded to the Grand River Conservation Authority for use in preparing the final version of the Grand River Corridor Conservation Plan. That all persons and agencies who submitted written comments concerning the Plan and all of the persons and agencies who are on the circulation list of property owners who may be affected by the Plan, be provided with the Executive Summary and applicable maps from the final recommended Plan together with notice of the date, time and location of any future Planning and Economic Development Committee and City Council meetings at which the final recommended Plan will be discussed. PLANNING & ECONOMIC MAY 25, 1993 COUNCIL M/NUTES - 314 - MAY 25, 1993 DEVELOPMENT COMMITTEE That with respect to Council's October 9, 1990 approval of conditions of Zone Change Application 89/l 1/H/KC (DGMS Developments Ltd.) pertaining to Parts 1, 2 and 15 of Plan 58R-7081, we approve deletion of condition 1.3 (b) which reads as follows: 1.3.b) That the Commissioner of Planning and Development has been presented with signed Offers to Lease a minimum of 929 square metres (10,000 square feet) of gross leasable commercial space for auto-related uses. (DEALT WITH UNDER DELEGATIONS AND CARRIED) That Planning and Development Staff Report PD 47/93 be revised to include a section dealing with "Financial Implications" and the Report, as revised, be forwarded to the Regional Municipality of Waterloo as Kitchener's response to the document "Development Strategies: Policy Directions and Settlement Patterns". And further, that the report be circulated to Area Municipalities in Waterloo Region for their information. That we waive the requirement for preliminary circulation of an Official Plan Amendment - 2150 Bleams Road and Zone Change Application No. 93/8/B/LM (St. John The Baptist Romanian Orthodox Church) and further, That enforcement of the City's Zoning By-law be waived with respect to the church religious use at 2150 Bleams Road and that temporary occupancy be approved, subject to the occupants vacating the said premises in the event the Zone Change Application is not approved by Council or the Ontario Municipal Board in a form which would permit the said uses, and further, That in the event of failure to vacate as required, the City's Municipal By-law Enforcement Officer be directed to commence Notice of Action to remove the illegal uses and that any work done to the premises is at the sole risk and responsibility of the owner in the event losses are incurred if the Zone Change application is not approved. (DEALT WITH UNDER DELEGATIONS AND CARRIED) That the Mayor and Clerk be authorized to execute an Offer to Purchase from 360006 Ontario Limited to purchase land designated as Part 1 on Reference Plan 58R-5840 at a price of $90,000.00 per acre for a total purchase price of $132,300.00; and further, That the City's existing agreement of purchase and sale with 360006 Ontario Limited, as extended, respecting the said lands be rescinded, with all interest paid with respect thereto, being retained by the City. COMMUNITY SERVICES COMMITTEE That no action be taken, at this time, on the request of Numus Inc., for an in-kind facility grant for use of the Victoria Park Pavilion on June 18, 1993; and further, That staff work with Numus Inc. on an agreement for entertainment for the opening of the new City Hall in exchange for their use of the Victoria Park Pavilion on June 18, 1993. That further consideration of a No Smoking Policy be deferred to the Community Services Committee meeting scheduled for July 5, 1993; and further That staff develop realistic implementation time lines for a No Smoking Policy, keeping in mind that the general principle is to move to a completely smoke free environment. That we approve a cash grant, in the amount of $200.00, to the J. Steckle, Heritage Homestead, to assist with their 160th Anniversary Celebration to take place on July 20, 1993. 4. That we reaffirm the existing policy, approved in 1990, to reduce and/or eliminate pesticide COUNCIL MINUTES - 315 - MAY 25, 1993 spraying. COMMUNITY SERVICES COMMITTEE MAY 25, 1993 That no action be taken on the request of Imagineering '93 for a donation toward their Summer Science Camp Project. FINANCE AND ADMINISTRATION COMMITTEE That the proposal call for the restaurant at the new City Hall be re-advertised with the closing date of June 11, 1993. That the Manager of Licensing be authorized to issue a Transient Trader Licence to Mr. Shawn Miller. That the Manager of Licensing be authorized to issue an Ice Cream Vehicle Drivers Licence to Mr. Brad Schill. That a sub-committee be established, consisting of representatives of the City of Waterloo, Project Lift, the City of Kitchener Council and staff and Mr. Bill Gallagher representing P.U.S.H. South Central, to resolve the issue of Project Lift ridership eligibility; and further, That Mayor D. Cardillo and Alderman C. Weylie be appointed as Council's representatives on this sub-committee. That consideration of the request of Mr. A. Poulos, to amend the Street Vendors By-law, be deferred to the Finance and Administration Committee meeting scheduled for June 14, 1993. That consideration of the Kitchener Revitalization Loan Program be deferred to the Finance and Administration Committee meeting scheduled for June 14, 1993. That Section 25.8.6 of the proposed Council Procedural By-law, dated May 3, 1993, be amended to require that Members of Council stand for a recorded vote. That the draft Council Procedural By-law, dated May 3, 1993, as amended by the Finance and Administration Committee on May 17, 1993, be adopted; and further, That the necessary by-law to implement this document be presented to City Council for three readings prior to September 1, 1993. That the Council meeting scheduled for Monday, August 23, 1993, be held in existing Committee Room 4, 22 Frederick Street. 10. That, as requested by the Kitchener Waterloo Philharmonic Choir, we appoint a Member of Council to sit on their Board of Directors; and further, That Alderman B. Stortz be appointed as Council's representative on the Board of Directors. 11. That the City of Kitchener has no objection to a Provincial lottery licence being issued to Big Brothers of Kitchener-Waterloo to hold two Monster Bingos at the Kitchener Farmers' Market, Kitchener, on January 22, 1994 and May 22, 1994, respectively. 12. That, on a one time only basis, we approve the request of the Waterloo Regional Fire Fighters' Muster and Picnic to waive the fees for the Specific Location Daily Sales Licences required by each of the vendors at their Muster and Picnic to be held at the Doon Heritage Crossroads on May 29, 1993. 13. That the Mayor and Clerk be authorized to sign a release regarding the Ontario Hydro grant application for a building control system at the Farmers' Market. 14. That we approve, in principle, the establishment of an Environmental Foundation, and refer the "Envirofund Kitchener" document dated May 14, 1993, as presented to the Finance and Administration Committee on May 17, 1993 to the Management Committee for their review and recommendation as to how the administration of the "Foundation" will function; and further, COUNCIL MINUTES - 316 - MAY 25, 1993 FINANCE AND ADMINISTRATION COMMITTEE MAY 25, 1993 That a report in this regard be forwarded to the Finance and Administration Committee for further consideration. (AS AMENDED) 15. That the document entitled "City of Kitchener Leasehold and Construction Design Manual", dated May 12, 1993, be approved and provided to tenants and tenants' consultants and contractors for the purpose of outlining strict guideline in design and construction phases of tenant improvements; and further, That the City's Project Manager be appointed as Tenant Co-ordinator for the purposes of enforcing these guidelines and assisting tenants in the orderly development of their spaces. LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE That pursuant to Section 33 of the Ontario Heritaqe Act, Council grant the owner's request to install signage between the second and third floors on the King Street elevation, of the property known municipally known as 1-11 King Street West (Walper Terrace Hotel) as presented to the Local Architectural Conservation Advisory Committee on May 7, 1993; and further, That this approval be conditional on the owner satisfying the Local Architectural Conservation Advisory Committee sub-committee that the colour of the letters in the signage will be consistent with the existing signage on the King Street elevation and that the method of fastening will not be invasive of the bricks; and further, That this approval be conditional on the owner entering into any necessary agreements and obtaining all necessary approvals. That pursuant to Section 33 of the Ontario Heritaqe Act, Council grant the owner's request to remove the glass brick bay on the King Street elevation of the property known municipally as 1-11 King Street West (Walper Terrace Hotel) and to replace it with a window more consistent with existing windows on the Queen Street elevation, as presented to the Local Architectural Conservation Advisory Committee on May 7, 1993; and further, That this approval be conditional on the owner satisfying the Local Architectural Conservation Advisory Committee sub-committee that the new window is consistent with the design of the existing windows on the ground floor of the building. That pursuant to Section 33 of the Ontario Heritaqe Act, Council approve the owner's request to install a projecting sign for the Bismarck Pub on the King Street elevation of the property known municipally as 1-11 King Street West (Walper Terrace Hotel), in accordance with the drawings submitted to the Local Architectural Conservation Advisory Committee on May 7, 1993; and further, That this approval be conditional on the owner satisfying the Local Architectural Conservation Advisory Committee sub-committee that the method of fastening the sign will not be invasive of the bricks; and further, That this approval be conditional on the owner entering into any necessary agreements and obtaining all necessary approvals. PUBLIC WORKS AND TRANSPORTATION COMMITTEE That Breithaupt Street between Moore Street and Waterloo Street be closed from 10:00 a.m. on Tuesday, June 15, 1993 to 2:00 p.m., for the purpose of a celebratory reception and that the appropriate by-law under Section 352 (61) of the Municipal Act be enacted, and further, That the expenditure to accommodate this event be charged to Perstorp Components. COUNCIL M/NUTES - 317 - MAY 25, 1993 That the Mayor and Clerk be authorized to execute an agreement with the Ministry of Community and Social Services for the purpose of hiring one (1) Student Maintenance Amendment as part of the Summer Employment Experience Program. COMMITTEE OF THE WHOLE MINUTES MAY 25, 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. Proclamation It was resolved: "That the week Saturday, May 29th to Sunday, June 6th, 1993 inclusive be proclaimed 'Bike to Work Week' in Kitchener, provided that if publication of this proclamation is requested, same be done at no expense to the City." 2. Lease - Randerson Green - CENTRE WARD It was resolved: "That the Mayor and Clerk be authorized to enter into a lease agreement with the Ministry of Transportation for lands designated as Lot 59, R.P. 651, known as Randerson Green." 3.Land Exchanqe - Motz Park - FAIRVIEW WARD It was resolved: "That the City of Kitchener convey a parcel of land to the Hydro-Electric Commission of Kitchener- Wilmot composed of Part Lots 10 and 14, Municipal Compiled Plan 961 designated as Part 2, Plan 58R-8522 (being 1.252 acres) RESERVING AN EASEMENT in favour of the City for a Community Trail, in exchange for, Part of Lots 10 and 12, Municipal Compiled Plan 961 and Part of Lot 5, Municipal Compiled Plan 962 designated as Parts 2 and 3, Plan 58R-6991 (being 1.263 acres), SUBJECT TO THE RESERVATION OF AN EASEMENT in favour of Ontario Hydro; Further, that the Mayor and Clerk be authorized to execute all documentation as required by the City Solicitor to complete the transaction." 4. Banner Request It was resolved: "That in conjunction with the 3rd Annual Hospital Drive to be held by Minit Lube on Saturday, September 25, 1993, whereby revenues collected by five Minit-Lube Centres from all oil changes will be donated to Kitchener-Waterloo, St. Mary's and Cambridge Memorial Hospitals, we grant permission for erection of a banner on King Street at Rockway Gardens from Tuesday, September 7, 1993 to Sunday, September 26, 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." 5. Pre-Gradinq Request - WEST WARD It was resolved: COMMITTEE OF THE WHOLE MINUTES MAY 25, 1993 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) "That Council allow Monarch Construction Limited to pre-grade Springfield Subdivision Stage II, 30T- 88012 subject to the provision of an acceptable tree saving plan, archaeological study and approval of a preliminary siltation and grading plan by the 5. Pre-Gradinq Request - WEST WARD (Cont'd) Grand River Conservation Authority. Those areas that will not be serviced in 1993 are to be topsoiled and seeded by October 1993. It is understood by Monarch Construction Limited that such grading shall be at their sole risk and liability." 6.Licences It was resolved: "That the City of Kitchener has no objection to a Provincial Licence being issued to Cameron Heights Collegiate to hold a raffle on June 4, 1994 at the Kitchener Memorial Auditorium, 400 East Avenue, Kitchener." - and - "That the City of Kitchener has no objection to a Lottery Licence being issued to the Independent Order of Foresters to conduct a Raffle Lottery at the Knights of Columbus, 110 Manitou Drive, Kitchener, October 30, 1993." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the K-W Kinsmen Club Inc. to conduct a Monte Carlo event at the Kiwanis Twin Pad Arena, Kitchener Memorial Auditorium during Oktoberfest, October 8-12, 1993." - and - "That the City of Kitchener has no objection to a Provincial Licence being issued to the Kitchener Minor Hockey Association to conduct a Raffle Lottery at the Kitchener Memorial Auditorium, 400 East Avenue, on Sunday, March 27, 1994." 7.Consultant Selection - WEST WARD It was resolved: "That the City waive its normal practice for the selection of consultants and retain Cumming Cockburn Limited to provide the design and construction supervision of Henry Sturm Greenway XIV and Trunk Sanitary Sewer." 8.Tender Alderman C. Zehr inquired if all outstanding claims involving this Contractor had been dealt with and Mr. J. Wallace confirmed that all matters had been settled prior to preparing the recommendation. It was resolved: "That tender T93-12, Moore Avenue Reconstruction (Wellington Street to Shanley Street), be awarded to 969774 Ontario Limited (o/a Elgin Construction), St. Thomas at their tendered price of $347,125.90 (all taxes included)." 9.Provincial Monte Carlo Licence Request COMMITTEE OF THE WHOLE MINUTES MAY 25, 1993 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) It was resolved: "That no action be taken on the request from Canadian Feed the Children Inc., Toronto, for permission to conduct 3 Monte Carlo events at the Holiday Inn, Kitchener." 10. Revised By-law for Zone Chanqe Application 92134101JW - SOUTH WARD This item was dealt with under delegations. 11. Property Acquisition - SOUTH WARD It was resolved: "That the City accepts the offer from Marlies and Jay Whetstone to sell to the City part of their property, approximately 15,700 sq. ft. known as 26 Howe Drive, legally described as Part Lot 48, G.C.T., for the sum of $25,000.00 plus the cost to install municipal services to the vendor's remaining property at an estimated cost of $48,000.00 and to authorize the Mayor and Clerk to complete the necessary documentation to complete this transaction." 12. Tender T93-55 - Ready Mixed Concrete It was resolved: "That tender T93-55, Ready Mixed Concrete, be awarded to Boehmers Division of St. Lawrence Cement Inc., Kitchener, at their tendered price of $81,545.00, plus P.S.T. and G.S.T." 13. Conveyance - One Foot Reserves - Ottawa Street North & River Road The Committee considered a memorandum dated May 25, 1993 from Mr. J. Shivas. It was resolved: "That the Mayor and Clerk be authorized to execute a Deed in favour of 722497 Ontario Limited for one foot reserves described as Part of Reserve A and Reserve B, Registered Plan 1278, now designated as Parts 3 and 5 on Reference Plan 58R-8570; and a Deed in favour of the Regional Municipality of Waterloo for the one foot reserve described as Part of Reserve A, Registered Plan 1170, now designated as Part 6 on Reference Plan 58R-8570." 14. Consent to Transfer - 565 Trillium Drive, Unit 2 The Committee considered a memorandum dated May 23, 1993 from Mr. J. Shivas. It was resolved: "That the City consent to a transfer from Waechtersbach Canada Limited to 1010745 Ontario Limited of the property described as Unit 2, Waterloo North Condominium Plan 185 and municipally known as 565 Trillium Drive, Kitchener."