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HomeMy WebLinkAboutCouncil Minutes - 1993-08-23COUNCIL\1993-08-23 COUNCIL MINUTES AUGUST 23, 1993 The Council of the Corporation of the City of Kitchener met this date with all members present except Alderman C. Zehr. On motion by Alderman C. Weylie, the minutes of the regular meeting held on July 12 and the special meetings held July 26, 29 and August 16, 1993, as mailed to the Mayor and Aldermen, were accepted. A. Communication referred to Committee of the Whole (1) Letter dated August 18, 1993 from Mr. R.W. Pritchard, Commissioner of General Services & City Clerk to Members of Council relative to applications for cancellation, refund, reduction or levy of taxes. B. Communications referred directly to file (1) Letters from the Township of North Dumfries and the City of St. Catharines, supporting Council's recent resolution condemning racist organizations, etc. Letter from the Cities of Ottawa and Waterloo and the Municipality of Metropolitan Toronto advising that each of their Councils had already endorsed a similar resolution. Letters from the Cities of Barrie, Brampton and Mississauga and the Regional Municipality of Durham, advising that the resolution from Kitchener Council had been received and that no action was taken. Letters from the Cities of Brantford, Etobicoke, London, Oshawa and Thunder Bay and the Regions of Niagara, Peel and Sudbury, advising that their Councils have a policy whereby matters that have a provincial and/or federal impact are forwarded directly to the Association involved. Letter from Honourable Bob Rae, Premier of Ontario, commenting on this resolution. Letter from the Toronto Mayors' Committee on Community and Race Relations congratulating Council on its initiative. Ms. Erika Traub, White Jenkins, appeared on behalf of Hummel Construction, concerning clause 10 of the Planning and Economic Development Committee report of this date (Condominium Conversion Applications CD/92/001 and 002). 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. Carried. Mr. William Stewart appeared on behalf of K-W Oktoberfest Inc., concerning the City's endorsement of Provincial licences relative to events scheduled at Bingeman Park and the Valhalla Inn, October 8-16, 1993. Council was in receipt of a report from Mrs. J. Koppeser, dated August 18, 1993 and the relevant licence applications. Moved by Alderman M. Wagner Seconded by Alderman G. Lorentz That the City of Kitchener has no objection to Provincial licences being issued to Kitchener- Waterloo Oktoberfest Inc. to conduct Monte Carlo events and a Blackjack Tournament at Bingeman Park and the Valhalla Inn during Oktoberfest, October 8-16, 1993. Carried. Mr. Wayne Farhood appeared in support of clause 3 of the Planning and Economic Development Committee report of this date recommending a deferral relative to consideration of Zone Change application 92/39/F/JW (Harvey Norris). COUNCIL M/NUTES - 400 - AUGUST ~3, 1993 Alderman G. Lorentz disclosed a conflict of interest and abstained from all voting and discussion concerning clause 3 of the Planning and Economic Development Committee report of this date as his parents live one block from the subject property. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie That clause 3 of the Planning and Economic Development Committee report of this date be adopted. Mr. Dirk Siegers and Mr. Michael Preikschas appeared in opposition to any further delay in processing of the above Zone Change Application. Alderman T. Galloway explained that residents are frustrated and annoyed over delays in the decision making process. He added that the applicant is requesting the deferral to seek an access exemption from Regional Engineering. Alderman Galloway pointed out that approximately six months have already expired since the application was initially made and that during this period the applicant could have attended any of ten Regional Engineering meetings. He suggested that Council act on the Planning and Development Department staff report and refuse the application this date. Alderman M. Yantzi agreed that the application should be refused at this time, noting that there is no support at the staff level. Mr. Farhood pointed out that staff report PD 74/93 is not as adverse to the development as has been suggested, and that the three problems referred to can be addressed before the October 18, 1993 Planning and Economic Development Committee meeting. He added that he is not prepared to address a motion to refuse the application this date and asked for the deferral outlined in the Committee recommendation. Alderman J. Ziegler advised that he supports deferral as none of the parties would be hurt by the delay, and this would give the applicant an opportunity to address the concerns expressed by staff. Alderman T. Galloway pointed out that the Official Plan designates the subject area as residential and that there are other good and valid reasons for refusing the application outside of the access requirements. The previous motion by Alderman J. Ziegler to grant the deferral recommended in clause 3 of the Planning and Economic Development Committee report was voted on. A recorded vote was requested. In favour: Mayor D.V. Cardillo, Aldermen J. Ziegler, C. Weylie and B. Stortz. Contra: Aldermen T. Galloway, M. Yantzi, M. Wagner, J. Smola and G. Leadston. MOTION LOST. Alderman G. Lorentz disclosed a conflict of interest and abstained from all voting and discussion concerning clause 3 of the Planning and Economic Development Committee report of this date as his parents live one block from the subject property. Moved by Alderman T. Galloway Seconded by Alderman M. Wagner That Zone Change Application 92/39/F/JW (Harvey Norris) requesting a change in zoning from Township Agricultural (Twp. A) according to By-law 878A to Convenience Commercial (C-1) according to By-law 85-1, on Part of Lot 47, German Company Tract, be refused. Carried. Alderman G. Lorentz disclosed a conflict of interest and abstained from all voting and discussion concerning clause 3 of the Planning and Economic Development Committee report of this date as his parents live one block from the subject property. Moved by Alderman J. Smola Seconded by Alderman M. Wagner COUNCIL M/NUTES - 401 - AUGUST ~3, 1993 That clause 3 of the Public Works and Transportation Committee report of this date be adopted. Alderman G. Lorentz urged Council to support the recommendation, indicating an attempt will be made to implement as soon as possible. Alderman G. Leadston questioned whether the recommendation assumes that Aldermen can bring specific intersection problems to the attention of the Committee where warrants are not available. The previous motion by Alderman J. Smola to adopt clause 3 of the Public Works and Transportation Committee report was voted on and Carried. Moved by Alderman B. Stortz Seconded by Alderman G. Lorentz That clause 6 of the Finance and Administration Committee report of this date be adopted. Alderman T. Galloway thanked the nine members of the Employment Equity Review Committee for their time and efforts. He specifically acknowledged the following members who were in attendance this date: Fire Chief J. Hancock; Mr. P. Fernandez; Alderman J. Ziegler; and Alderman M. Yantzi, and extended special thanks to the three volunteers from the community. Alderman G. Leadston enquired whether the Fire Department was intending to draw on a Province-wide pool of pre-qualified applicants. Fire Chief J. Hancock replied that the Province would first have to establish standards for pre-qualification, which could take between two and three years. In addition, there have been problems where new programs are established and there are initially few graduates to choose from. Alderman Leadston asked whether combining the training of Fire and Police services had been discussed and the Chief replied in the negative. Alderman M. Yantzi suggested that the City's Employment Equity Program should be monitored in light of the pre-qualification requirements to determine the impact. Chief J. Hancock replied that it is obligatory for the City to monitor the situation, pointing out that the pre-qualifications will generally result in fewer applications. The motion by Alderman B. Stortz to adopt clause 6 of the Finance and Administration Committee report of this date was voted on and Carried Unanimously. Mr. D. Costi was in attendance in support of the recommendation relative to Committee of Adjustment Submission F 9/93 which is listed as clause 11 on the Committee of the Whole agenda of this date. Council was also in receipt of a memorandum from Mrs. D. Gilchrist dated July 27, 1993. Moved by Alderman B. Stortz Seconded by Alderman M. Wagner That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of July 27, 1993, recommending approval of Submission No. F 9/93 - Demitris Costi - be ratified and confirmed. Carried. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie That clause 4 of the Planning and Economic Development Committee report of this date be adopted. Carried. Ms. Jane Falconer, General Manager, Kitchener-Waterloo Area Visitor & Convention Bureau, appeared concerning their request for approval of an inflated roof sign at 2848 King Street East. Council was in receipt of a memorandum from Ms. D. Gilchrist dated July 28, 1993 indicating the Committee of Adjustment is of the opinion that consideration of this matter is beyond their jurisdiction since this type of signage is prohibited by City by-law. Ms. Falconer stated that the Committee of Adjustment had suggested she approach Council directly. She explained that the office is open from mid-May to October and the sign is necessary to identify the Bureau since the building is Iow and the trees along the street obscure conventional signage. COUNCIL M/NUTES - 40~ - AUGUST ~3, 1993 Ms. Falconer circulated photographs and requested relief from the provisions of the existing Sign By-law. Moved by Alderman J. Ziegler Seconded by Alderman G. Leadston That Council grant an exemption from the requirements of Chapter 680 (Signs) of the Municipal Code to the Kitchener-Waterloo Visitor & Convention Bureau relative to the balloon sign on their offices at 2848 King Street East. Mayor D.V. Cardillo requested clarification of when the existing Sign By-law would be revisited and Mr. S. Klapman indicated in the Fall. Alderman B. Stortz asked that the balloon sign on the Visitor & Convention Bureau be flagged for consideration relative to any By-law revisions. The motion by Alderman J. Ziegler to grant an exemption to the K-W Visitor & Convention Bureau was voted on and Carried. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson Planning Ltd. was in attendance on behalf of J.H.S. Properties Limited concerning clause 2 of the Planning and Economic Development Committee report of this date which recommends a deferral of Pioneer Tower West Official Plan Amendment 92/21 to the September 20, 1993 Committee meeting. Mr. Britton advised that his client agrees to the deferral in order to allow a full and complete discussion by all affected parties. Mr. Rinze Vanderwerff, Mr. Paul Kuntz and Mr. Michael Hiscott registered as delegations this date with respect to the deferral recommendation. Mr. Hiscott advised that he supports the deferral, noting that he had not received a copy of the staff report and would like to be added to the mailing list with respect to any future correspondence. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie That clause 2 of the Planning and Economic Development Committee report of this date be adopted. Carried. Alderman B. Stortz asked that all parties be notified of the deferral so that the issue can be resolved in September. Mr. Albert Norris, Sr., appeared concerning clause 8 of the Finance and Administration Committee report of this date which recommends the sale of 59 Frederick Street (former Revenue Building). He expressed concern over the proposed sale and its impact on the future expansion/development of the Kitchener Farmers' Market. He pointed out that there has been no consultation with the Market vendors and asked that the item be deferred in order to provide an opportunity for input or the submission of a business plan. Alderman M. Yantzi replied that if the Revenue Building is sold there would still be an opportunity for an outdoor market or other form of expansion in the direction of Scott Street. Moved by Alderman B. Stortz Seconded by Alderman G. Lorentz That clause 8 of the Finance and Administration Committee report of this date be adopted. Alderman J. Ziegler spoke in support of the sale indicating that the proceeds are substantial. In addition, he noted that the acquisition would allow the purchaser to consolidate properties within the block and facilitate future development. Alderman B. Stortz suggested that Council should accept the offer as it will facilitate future development. The motion by Alderman B. Stortz to adopt clause 8 of the Finance and Administration Committee report of this date was voted on and Carried. Mr. Mark Staff appeared in support of clause 6 of the Planning and Economic Development Committee report of this date which recommends refusal of Zone Change Application 93/7/O/JW (Glen Urquhart). Mr. Staff advised that he is representing his parents, who own a home constructed circa 1820 which is adjacent to the subject properties. He advised that a City Building Inspector had recommended against construction of a new residence adjacent to the Staff home, due to the possibility of foundation damage and the difficulty of repair. He also noted that the proposed residence would block light to his parents property and suggested that the aesthetic and heritage qualities of the area should be preserved. COUNCIL M/NUTES - 403 - AUGUST ~3, 1993 Mr. Staff referred to a petition signed by neighbours within 125 metres of the subject property who are all opposed to the creation of additional residential lot. He stated that Mr. Urquhart indicated he would assume all responsibility for damages resulting from construction, however, there is no guarantee he will honour the commitment. Mr. Trevor Ince appeared in support of the recommendation to refuse Zone Change Application 93/7/O/JW. He indicated that he supports all of the statements made by Mr. Staff this date, adding that construction of another residential unit would create additional fire risks. Mr. Glen Urquhart appeared in support of his Zone Change Application indicating that he had previously applied and received Council approval in 1990, however, the issue was subsequently re-opened and permission withdrawn. He took exception to the notion that any construction on the proposed residential lot would block light to the staff residence and added that the possibility of foundation damage is remote in view of current construction technology. He noted that those individuals who are opposing the application on the grounds of heritage preservation are themselves living in new homes. Mr. Urquhart added that he has spoken to the two neighbours directly behind the subject property, one of whom along with an owner directly across the street no longer oppose the application. He stated that his property is presently zoned Township Agricultural and he is unable to connect to municipal services, notwithstanding the fact that he is paying a portion of the cost of these through the local improvement process. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie That clause 6 of the report of the Planning and Economic Development Committee of Council of this date be adopted. Alderman M. Wagner stressed the related heritage issues and indicated his support for the recommendation refusing Mr. Urquhart's application. He pointed out that L.A.C.A.C. had previously recommended refusal in 1990 and that clause 4 of their report of this date reaffirms that position. He also made mention of the absence of Urban Design Guidelines. Alderman T. Galloway noted that all area residents have signed the petition supporting refusal and that the balance of the neighbourhood is comprised of lots having 60 foot frontage as compared to the 38 foot frontage proposed by Mr. Urquhart. In response to a question from Alderman C. Weylie, Alderman Wagner clarified that the Staff residence is on the L.A.C.A.C. inventory and the owners have asked that it be assessed relative to its heritage value. Alderman Weylie asked that L.A.C.A.C. consider recommending that the entire block be designated as a conservation district. The motion by Alderman J. Ziegler to adopt clause 6 of the Planning and Economic Development Committee report was voted on. A recorded vote was requested. In favour: Aldermen B. Stortz, M. Wagner, M. Yantzi, J. Smola, G. Leadston, J. Ziegler, T. Galloway, G. Lorentz and C. Weylie. Contra: Mayor D.V. Cardillo. Carried. Alderman T. Galloway referred to the comment made by Mr. Urquhart that he is not allowed to tie into municipal services, but is required to assist with their payment under the Local Improvement process. Mayor D.V. Cardillo asked that the Public Works Department investigate and report. Ms. Vena Boyle pointed out that Mr. Urquhart was given an opportunity to hook up to City services but had refused. She explained that all four of the older homes on Old Mill Road were on a well system when the subdivision was constructed but had, and continue to have, an opportunity to access the municipal water system. Mr. Urquhart advised that at the time he initially considered development of the site, he was told it would accommodate a higher density development, specifically townhouse condominiums, however, he decided against this option out of respect for the heritage streetscape. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie COUNCIL M/NIYFES - 404 - AUGUST 23, 1993 That the report of the Planning and Economic Development Committee of Council of this date be adopted. A question was raised by Alderman G. Lorentz with regard to clause 8 involving a Demolition Control Application for 970-972 Highland Road West. Alderman Lorentz referred to calls he had received from concerned residents objecting to the lengthy demolition process involving the Kitchener Silo property. He asked for assurances that the subject site would be demolished and cleared of debris as soon as possible. The report was then put to a vote. Voted on clause by clause. Clauses 2, 4, 6 & 10 - Dealt with under Delegations and Carried. Clause 3 - Dealt with under Delegations and MOTION LOST. Balance of report - Carried. The following conflict of interest and abstention was disclosed. Clause 3 - Alderman G. Lorentz, as his parents live within a block of the subject property. Moved by Alderman B. Stortz Seconded by Alderman M. Wagner That report of the City Hall Steering Committee of this date be adopted. With regard to clause 3, Alderman J. Ziegler enquired whether there would be provision for historic photos of former Councils and Mayor D.V. Cardillo indicated he would take the suggestion under advisement. Alderman M. Wagner suggested that additional items could be added to the Art Work and Historical Artifacts Inventory for use in furnishing the City Hall. Alderman G. Lorentz questioned whether in the new City Hall motorcycles and mopeds could use the area designated for bicycle parking. Alderman M. Wagner replied that it was his understanding the area was intended for bicycles only. The report was then put to a vote and Carried. Alderman M. Wagner noted that at the City Hall Steering Committee he had asked that space be temporarily allocated on the P1 level as a potential change room for cyclists and that this was not reflected in either clause 2 of the report or the minutes proper. Alderman Wagner asked that this be addressed and provided a copy of a plan showing the proposed change area. Moved by Alderman G. Lorentz Seconded by Alderman B. Stortz That the report of the Community Services Committee of this date be adopted. Carried. Moved by Alderman C. Weylie Seconded by Alderman T. Galloway That the report of the Environmental Committee of this date be adopted. Carried. Moved by Alderman B. Stortz Seconded by Alderman G. Lorentz That the report of the Finance and Administration Committee of this date be adopted. COUNCIL M/NUTES - 405 - AUGUST ~3, 1993 Alderman B. Stortz highlighted clause 9 dealing with a request that the Province rescind legislation allowing the freezing of municipal taxes for golf courses. Mayor D.V. Cardillo suggested, and it was generally agreed, that the clause would be amended to indicate circulation to the Minister of Municipal Affairs and the Association of Municipalities of Ontario. A discussion took place concerning clause 4 which recommends the retention of professional resources to assist in the development of a revitalization plan for Downtown Kitchener. Alderman M. Wagner expressed concern that any report in this regard would be referred directly to Council. Alderman B. Stortz clarified that the motion does not endorse a specific process and the comment by Alderman Wagner relates to a suggestion made by Mr. J. Connolly during his presentation to the Finance and Administration Committee. Alderman G. Leadston questioned the application of this initiative to the Downtown only rather than the community at large. He also asked for clarification of the term "professional resources" in the Committee recommendation. Alderman B. Stortz agreed that a City-wide vision is required, but suggested it is appropriate to address the Downtown core at this time. He stated that the recommendation was deliberately broad since it is not known at this time what type of expertise is available. He stressed the need to begin putting positive initiatives in place and indicated he is not interested in another Downtown study. Alderman Stortz reaffirmed that the initiative would take place using existing resources from approved budgets, as well as City staff. He suggested that specific Committees would undertake specific tasks. Alderman G. Leadston indicated his support for the recommendation but stressed the need for a municipally-oriented vision. He also suggested that any future Downtown conference should include individuals who shop and live in the Downtown and not be limited to retailers only. If possible, it should also be held on a Friday, Saturday and Sunday. Alderman B. Stortz acknowledged that input would be sought from various community representa-tives. Alderman M. Wagner conveyed his impression that what was proposed at the Committee was the hiring of a downtown professional to develop an action plan in co-operation with a task force structured along the lines described by Mr. J. Connolly. He indicated he was opposed to bringing in an outside professional to develop a "quick fix" for the downtown core and asked for further clarification of the intent of the recommendation. Alderman J. Ziegler indicated he would not support the recommendation and questioned the wisdom, given recent construction in the Downtown, of additional expenditures in this area when the recessionary problem is City-wide. Alderman M. Yantzi requested a more detailed description of the process proposed and a definition of the specific resources involved. Alderman G. Lorentz questioned the impact of the new City Hall on downtown renewal, pointing out that revitalization requires more than new buildings. He suggested the need for a fresh approach which involves a plan of action rather than a study. Alderman B. Stortz acknowledged Council's past support of downtown renewal and referred to recent press reports which he suggested have damaged this image. He indicated that he favours the use of outside resources which would not require large budget allocations. Alderman M. Wagner advised Council that the Arts Committee is recommending that an Arts and Culture Advisory Committee be established which would compliment any other downtown renewal initiatives. Alderman J. Smola indicated his support for the Committee recommendation. The report was then put to a vote. Voted on clause by clause. Clause 4 - A recorded vote was requested. In Favour: Mayor D.V. Cardillo, Aldermen B. Stortz, G. Lorentz, J. Smola, C. Weylie, M. Yantzi, G. Leadston and T. Galloway. Contra: Aldermen J. Ziegler and M. Wagner. Motion Carried. COUNCIL ~VHNUTES - 406 - AUGUST 93, 1993 Clause 6 - Dealt with under Delegations and Carried Unanimously. Clause 8 - Dealt with under Delegations and Carried. Clause 9 - Carried as amended. Balance of report - Carried. Moved by Alderman M. Wagner Seconded by Alderman T. Galloway That the report of the Local Architectural Conservation Advisory Committee (July 9 and August 11, 1993) 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. Smola asked that clause 1 relative to the regulation of all-way stop control installations be dealt with separately. Alderman G. Lorentz indicated that both he and Alderman G. Leadston had concerns that staff would only investigate based on a request from a member of Council or a resident's petition. Alderman Smola noted that Mr. D. Snow had been directed to investigate any intersection at the direction of any Council member, and if it meets the established criteria to bring forward a report at the Committee level. If the criteria are not met the issue could be brought directly before Council. He suggested that the recommendation may be redundant and should not have been included in the report. Alderman J. Ziegler agreed, noting that the motion limits Council. The report was then put to a vote. Voted on clause by clause. Clause 1 - MOTION LOST. Clause 3 - Dealt with under Delegations and Carried. Balance of report - Carried. Alderman G. Lorentz announced that the United Way Campaign will begin at 11:30 a.m. on September 17, 1993 with events at the new City Hall. Alderman J. Smola drew Council's attention to a Waste Management Report to be discussed at the upcoming Regional Engineering Committee and noted potential service reductions in 1993/94. He asked that Public Works staff obtain a copy of the report and make a presentation at the September 20, 1993 meeting of the Public Works and Transportation Committee. Moved by Alderman M. Wagner 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 close and retain part of a public highway known as Glasgow Street in the City of Kitchener (b) Being a by-law to amend Chapter 25 of The City of Kitchener Municipal Code regarding Procedure (c) Being a by-law to amend Chapter 170 of The City of Kitchener Municipal Code with respect to Purchasing and Materials Management COUNCIL ~VHNUTES (d) (e) (f) (g) (h) (i) (J) (k) (i) (m) (n) (o) (P) (q) (r) (s) (t) (u) (v) (w) (x) (Y) - 407 - AUGUST 93, 1993 Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement Being a by-law to amend Chapter 515 of The City of Kitchener Municipal Code relating to Barber Shops and Hairdressing Establishments Being a by-law to amend various Chapters of The City of Kitchener Municipal Code relating to Licensing Being a by-law to provide for the establishing and laying out of part of Veronica Drive as a public highway in the City of Kitchener Being a by-law to provide for the establishing and laying out of part of Eby Street as a public highway in the City of Kitchener Being a by-law to provide for the establishing and laying out of part of Tagge Street as a public highway in the City of Kitchener Being a by-law to provide for the widening of part of College Street as a public highway in the City of Kitchener Being a by-law to provide for the widening of part of Young Street as a public highway in the City of Kitchener Being a by-law to extend time for conveyance of lands pursuant to By-law 92-167 - Pinnacle Drive closed Being a by-law to exempt a certain lot from Part Lot Control - Lots 20 and 21, Registered Plan 1730 - Tamvale Crescent and Erinbrook Drive Being a by-law to adopt Amendment No. 144 to the Official Plan Being a by-law to adopt Amendment No. 145 to the Official Plan Being a by-law to adopt Amendment No. 146 to the Official Plan Being a by-law to adopt Amendment No. 147 to the Official Plan To further amend By-law No. 88-173, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener To further amend By-law No. 88-173, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener Being a by-law to close King Street to vehicular traffic on a temporary basis for social, recreational, community or athletic purposes To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon 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 (z) Being a by-law to amend By-law 4830 known as the Zoning By-law - 817979 Ontario Limited; 839622 Ontario Limited c.o.b, as Felvira Developments -Homer Watson Boulevard COUNCIL M/NIYFES - 408 - AUGUST 23, 1993 (aa) (bb) (cc) (dd) - No.91/31/H/CL Being a by-law to amend By-law 85-1 - Stamm Investments Limited - Gehl Place at Bleams Road - No. 90/4/G/JW Being a by-law to adopt Amendment No. 148 to the Official Plan Being a by-law to amend By-law 85-1 - St. John the Baptist Romanian Orthodox Church - Bleams Road - No.93/8/B/LM Being a by-law to exempt a certain lot from Part Lot Control - Lots 309, 310, 311,312, 313, 314 and 315, Registered Plan 1416 - The Country Way 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. Weylie as Chairman. On motion, the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the Chair. 10. Moved by Alderman C. Weylie Seconded by Alderman M. Yantzi That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed. Carried. Moved by Alderman M. Wagner 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 25 of The City of Kitchener Municipal Code regarding Procedure (By-law No. 93-148) (b) Being a by-law to amend Chapter 170 of The City of Kitchener Municipal Code with respect to Purchasing and Materials Management (By-law No. 93-150) (c) Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement (By-law No. 93-151 ) (d) Being a by-law to amend Chapter 515 of The City of Kitchener Municipal Code relating to Barber Shops and Hairdressing Establishments (By-law No. 93-152) (e) Being a by-law to amend various Chapters of The City of Kitchener Municipal Code relating to Licensing (By-law No. 93-153) (f) Being a by-law to provide for the establishing and laying out of part of Veronica Drive as a public highway in the City of Kitchener COUNCIL ~VHNUTES (g) (h) (i) (J) (k) (m) (n) (o) (P) (q) (r) (s) (t) - 409 - AUGUST ~3, 1993 (By-law No. 93-154) Being a by-law to provide for the establishing and laying out of part of Eby Street as a public highway in the City of Kitchener (By-law No. 93-155) Being a by-law to provide for the establishing and laying out of part of Tagge Street as a public highway in the City of Kitchener (By-law No. 93-156) Being a by-law to provide for the widening of part of College Street as a public highway in the City of Kitchener (By-law No. 93-157) Being a by-law to provide for the widening of part of Young Street as a public highway in the City of Kitchener (By-law No. 93-158) Being a by-law to extend time for conveyance of lands pursuant to By-law 92-167 - Pinnacle Drive closed (By-law No. 93-159) Being a by-law to exempt a certain lot from Part Lot Control - Lots 20 and 21, Registered Plan 1730 - Tamvale Crescent and Erinbrook Drive Being a by-law to adopt Amendment No. 144 to the Official Plan Being a by-law to adopt Amendment No. 145 to the Official Plan Being a by-law to adopt Amendment No. 146 to the Official Plan Being a by-law to adopt Amendment No. 147 to the Official Plan (By-law No. 93-160) (By-law No. 93-161 ) (By-law No. 93-162) (By-law No. 93-163) (By-law No. 93-167) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities (By-law No. 93-168) Being a by-law to close King Street to vehicular traffic on a temporary basis for social, recreational, community or athletic purposes To further amend By-law No. 88-173, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (By-law No. 93-166) To further amend By-law No. 88-173, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (By-law No. 93-165) (By-law No. 93-164) COUNCIL ~VHNUTES (u) - 410 - AUGUST ~3, 1993 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. 93-169) (v) (w) (x) (Y) (z) (aa) (bb) (cc) 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. 93-170) 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. 93-171 ) (By-law No. 93-172) Being a by-law to amend By-law 4830 known as the Zoning By-law - 817979 Ontario Limited; 839622 Ontario Limited c.o.b, as Felvira Developments -Homer Watson Boulevard - No.91/31/H/CL (By-law No. 93-173) Being a by-law to amend By-law 85-1 - Stamm Investments Limited - Gehl Place at Bleams Road - No. 90/4/G/JW Being a by-law to adopt Amendment No. 148 to the Official Plan (By-law No. 93-174) (By-law No. 93-175) Being a by-law to amend By-law 85-1 - St. John the Baptist Romanian Orthodox Church - Bleams Road - No.93/8/B/LM (By-law No. 93-176) Being a by-law to exempt a certain lot from Part Lot Control - Lots 309, 310, 311,312, 313, 314 and 315, Registered Plan 1416 - The Country Way (By-law No. 93-177) 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 - 411 - AUGUST ~3, 1993 REPORTS ADOPTED BY COUNCIL - AUGUST 23, 1993 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE That the Terms of Reference of the Business and Industry Advisory Committee be amended to authorize the Committee to provide unsolicited input and advice on business and economic development issues to the Planning and Economic Development Committee. That consideration of Planning and Development Staff Report PD 79/93 (Pioneer Tower West Official Plan Amendment 92/21) be deferred and referred to the September 20, 1993 meeting of the Planning and Economic Development Committee. And further, that the Department of Planning and Development mail notice to the same parties who were mailed notice of the August 16th meeting. (DEALT WITH UNDER DELEGATIONS AND CARRIED) That consideration of Planning and Development Staff Report PD 74/93 (Zone Change Application 92/39/F/JW (Harvey Norris)) be deferred and referred to the meeting of the Planning and Economic Development Committee to be held Monday, October 18, 1993 and that the individuals presently on the mailing list as well as those who have formally requested further notification in respect to this matter be so advised. (DEALT WITH UNDER DELEGATIONS AND MOTION LOST) That, City Council approve Official Plan Amendment Application 93~5 (2150 Bleams Road), being an amendment to the Kitchener Official Plan to: i) Amend Map 1, "Plan for Land Use" as shown on the attached Schedule "A"; and, ii) Amend Section IV. 11, "Policies for Specific Areas" by adding the following new Policy IV. 11 .cvii (107): "cvii) Notwithstanding the Low Density Residential designation on the lands known as Part of Lots 131 and 132, German Company Tract, otherwise known municipally as 2150 Bleams Road, only neighbourhood institutional uses shall be permitted until such time as full municipal services are available." It is the opinion of this Committee that the approval of this Amendment to the City's Official Plan is proper planning for the City. That, Zone Change Application 93/8/B/LM (St. John the Baptist Romanian Orthodox Church - 2150 Bleams Road) requesting a change in zoning from Agricultural Zone (A-l) to Neighbourhood Institutional Zone (I-1) on lands described as Part Lots 131 and 132, German Company Tract, municipally addressed 2150 Bleams Road be approved in the form shown in the Proposed By-law attached, dated July 13, 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 a recommended Amendment to the City's Approved Official Plan. (DEALT WITH UNDER DELEGATIONS AND CARRIED) That Official Plan Amendment Application 92/22 (City of Kitchener) amending Section V.4 (Service Commercial) of the City of Kitchener Official Plan, to permit the rental of bridal apparel, be refused. It is the opinion of this Committee that refusal of this Amendment to the City's Official Plan is proper planning for the City. That Zone Change Application 92/42/TC/LB (City of Kitchener) requesting a text change to Section 12.1 of Zoning By-law 85-1 (Service Commercial C-6) to add rental of bridal apparel as a permitted use, in the form shown in the Proposed By-law attached, dated June 8,1993 be refused. COUNCIL M/NUTES - 41~ - AUGUST ~3, 1993 It is the opinion of this Committee that refusal of this application is proper planning for the City. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE AUGUST 23, 1993 = That Zone Change Application 93/7/O/JW (Glen Urquhart) requesting a change in zoning from Township Agricultural (Twp. A.) according to By-law 878A to Restricted Residential (R2A) with special regulations according to By-law 4830, on Lots 128 and 129, Registered Plan 578 be refused. It is the opinion of this Committee that refusal of this application is proper planning for the City. (DEALT WITH UNDER DELEGATIONS AND CARRIED) = That Demolition Control Application DC 93/02/RM (Richard Altvater & Sons and Interbuilding Investments) requesting approval for the demolition of four single detached dwellings located at 62, 62 1/2, 64 and 66 Weber St. E. legally described as Part of Lot 11 of J. Spetz's Survey, Registered Plan 406 be approved subject to the following: a) That the Parking Plan, considered at the August 16, 1993 Planning and Economic Development Committee Meeting as revised to include a 23 foot landscaping strip along Scott Street, be approved in principle, with the final plan to be approved by the Commissioner of Planning and Development. b) That the following conditions be satisfied prior to the issuance of a demolition permit for 62, 62 1/2, 64 and 66 Weber St. E. i) That a Landscape Plan be submitted by the applicant and approved by the Director of Development. ii) That a Grading and Drainage Control Plan be submitted by the applicant and approved by the Commissioner of Public Works. c) The applicant closes any redundant driveways and install new curb and gutter and boulevard landscaping, all to City of Kitchener standards. d) The applicant removes any redundant service connections to the satisfaction of the Commissioner of Public Works. e) The applicant submits a letter of credit for 100 percent of the total site works associated with conditions a) through d). It is the opinion of this Committee that the approval of this application is proper planning for the City. = That Demolition Control Application DC 93/05/RM (Steven Lubczuk) requesting approval for the demolition of a single detached dwellings, garage, and shed located at 970-972 Highland Road West legally described as Part of Lot 35, German Company Tract, be approved subject to the following: a) That the demolition results in the removal of all combustible products (i.e. wood) and the property is graded to the satisfaction of the Building Division. b) Close any redundant driveways and install new curb and gutter and boulevard landscaping, all to City of Kitchener standards. c) Remove any redundant service connections to the satisfaction of the Commissioner of Public Works. It is the opinion of this Committee that the approval of this application is proper planning for the City. COUNCIL M/NUTES - 413 - AUGUST ~3, 1993 That Demolition Control Application DC 93/04/RM (Tawco Limited) requesting approval for the demolition of a single detached dwelling located at 542 Charles St. East legally described as Lot 15 of Registered Plan 262 be approved subject to the following: a) That the following conditions be satisfied prior to the issuance of a demolition permit for 542 Charles St. E.: PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE AUGUST 23, 1993 9. (Cont'd) That the attached parking plan be approved in principle, with the final plan to be approved by the Commissioner of Planning and Development. ii) That a Landscape Plan be prepared by the applicant and approved by the Director of Development. iii) That a Grading and Drainage Control Plan as well as a Storm Water Management Plan be prepared by the applicant and approved by the Commissioner of Public works as well as the Regional Commissioner of Engineering. iv) That a Tree Saving Plan be prepared by the applicant and approved by the Director of Development with special regard for the common Horse Chestnut at 534 Charles Street East. Such a plan should indicate which mitigative measures are to be implemented to ensure the preservation of this tree. b) That the owner obtains a Regional Road Entrance Permit for access to Charles Street. The access should be designed with a 7.6m throat width and 3.0m radii. c) Close any redundant driveways and install new curb and gutter all to the City of Kitchener standards. d) The driveway is to be paved from the property line to the existing sidewalk at the owner's cost. e) Any damage to the existing sidewalk will have to be repaired and paid for by the owner. f) The owner is required to make satisfactory financial arrangements with the Department of Public Works for the removal of any redundant service connections. g) To arrange for notification by letter from the Regional Municipality of Waterloo tot he City's Chief Building Official indicating that all Regional concerns with regards to a Regional Entrance Permit, a Lot Grading and Drainage Plan and a Storm Water Management Report has been satisfied. h) To maintain all gravel areas shown on the parking plan in a condition tree of dust. i) To pave the entrance of the parking lot as shown in the parking plan with hot mixed asphalt. J) To submit a Letter of Credit for 100% of the total site works associated with Conditions a) through i). It is the opinion of this Committee that the approval of this application is proper planning for the City. 10. That Council approve Condominium Conversion Application CD/92/001 and CD/92/002 under the Rental Housing Protection Act for 4 Avalon Place and 30 Avalon Place respectively subject to the applicant entering into the attached Agreement under Section 12(1) of the Rental Housing Protection Act, which shall be executed and registered against the title to the lands at 4 Avalon Place and 30 Avalon Place as part of any subsequent condominium agreement. COUNCIL M/NUTES - 414 - AUGUST ~3, 1993 (DEALT WITH UNDER DELEGATIONS AND CARRIED) 11. That Planning and Development Staff Report PD 70/93 be forwarded to the Regional Municipality of Waterloo as Kitchener's response to the revised version of the document: "Development Strategies: Policy Directions and Settlement Patterns" (June 1993). Further, that any additional changes proposed by Regional Staff to this Regional Report be referred to Area Planners for review. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE AUGUST 23, 1993 11. (Cont'd) And further, that the contents of Kitchener Planning and Development Staff Report PD 80/93 (Financial and Staffing Implications Regional Municipality of Waterloo "Development Strategies: Policy Directions and Settlement Pattern Concept") be endorsed as Kitchener Council's comments and appended to Staff Report PD 70/93. 12. That no action be taken on the request of Mr. Aaron Klassen, on behalf of the Mennonite Conference of Eastern Canada, for approval of temporary occupancy of 4489 and 4497 King Street East for use as Church offices. CITY HALL STEERING COMMITTEE That the Mayor and City Clerk be authorized to sign the Connection and Operating Agreement between Kitchener-Wilmot Hydro, and the municipality for parallel generation of power in the new City Hall. That the area on the P1 Level, opposite the Cashier's Booth, be reserved for City Hall staff bicycle parking, subject to the inclusion of appropriate signage. That staff proceed to furnish the City Hall with art work and historical artifacts from the City's existing inventory in accordance with the Art Program endorsed by the Steering Committee at its meeting of August 16, 1993. COMMUNITY SERVICES COMMITTEE That we approve the "First Nations Cultural Celebration" sponsored by the White Owl Native Ancestry Association with an in-kind facility grant of $500.00 to cover their 1993 deposit on the Kitchener Memorial Auditorium Complex and an additional $500.00 for a waiver of the Hawkers and Peddlers licence in 1994. That the Community Trail Link from Old Country Drive to Country Hill Drive, remain on the school side of the creek, with no bridge being constructed over the creek; and further, That appropriate signage be posted to identify this Community Trail Link. That we approve the request of the Waterloo Regional Labour Council for an in-kind facility grant in the amount of $717.00 for use of the Farmers' Market on September 25, 1993. That no action be taken on the request of Missions in Action for an in-kind facility grant for use of various ball diamonds; and further, That staff of the Parks and Recreation Department meet with Missions in Action to determine whether their costs for use of these ball diamonds could be reduced. That Parkwood Manor Development Foundation be permitted to use a portion of the Breithaupt Community Trail on September 29, 1993 for horse and buggy rides; subject to satisfying the City Solicitor as to the adequacy of insurance coverage. 6. That we approve the request of St. Mary's General Hospital for a cash grant in the amount of COUNCIL M/NUTES - 415 - AUGUST ~3, 1993 $10,524.65 to be paid from the 1994 and/or 1995 budget. That the Alcohol Management Policy dated "Draft-June, 1993" be approved subject to the following amendments, as approved by the Community Services Committee on August 17, 1993: 2.4.1 Controls In order to rent a City of Kitchener facility for a special occasion permit function, the event sponsor must provide a bartender(s) who has attended a Server Intervention Program course endorsed by the Ministry of Consumer and Commercial Relations; proof of S.I.P. certification must be provided two weeks prior to the event. COMMUNITY SERVICES COMMITTEE 7. (Cont'd) AUGUST 23, 1993 All S.O.P. events must have 1 (one) S.I.P. trained bartender for 125 patrons. To assist existing Oktoberfest events in which there is an excess of 1,000 patrons in attendance the following phase in period will be adopted: Year 1: a minimum of one S.I.P. trained person per 250 patrons. Year 2: a minimum of one S.I.P. trained person per 175 patrons. Year 3: a minimum of one S.I.P. trained person per 125 patrons. 2.4.11 Controls A maximum of four drinks may be purchased at any one time. 2.5 Insurance a) That any group/organization renting City of Kitchener facilities for the purpose of S.O.P. events be required to provide a certificate of insurance at least two weeks prior to the event, indicating they have a minimum of $1,000,000.00 in liability insurance. Failure to provide proof will void the rental. b) That any individual renting City of Kitchener facilities for the purpose of S.O.P. events will be required to have a minimum of $1,000,000.00 of insurance coverage. Failure to provide proof will void the rental. The following options will be acceptable. Provide the City with a copy of a face sheet of their personal liability insurance policy which provides the following information: Policy Number Company Name Expiry Date Amount of Insurance Coverage A statement from the insurance company that they are aware of the S.O.P. event and that coverage is in place. ii) Purchase event insurance through PAL iii) Attain the services of the Kitchener Oktoberfest Lions Club; and further, That this policy be implemented immediately. That, notwithstanding the Alcohol Management Policy, the Kinsmen and Kiwanis Clubs be permitted to have one S.I.P. trained person at each bar and one S.I.P. trained person at each ticket vendors location and Carlsberg House on a 1 year trial basis; and further, That a report be submitted to the Community Services Committee in this regard in one years time. That we reimburse Mr. L. Demers $156.77 representing one-half the cost of the materials to construct a 6 ft. high wooden fence around his rear property which abuts a public walkway; at the COUNCIL M/NIYFES - 416 - AUGUST 23, 1993 time he would have been eligible to obtain financial assistance from the City of Kitchener in accordance with Policy Number 1-610 - Fencing - Walkways. 10. That we approve the request of the Kitchener Minor Baseball Association for a cash grant in the amount of $2,000.00 to assist with the cost of travel and accommodation for the Kitchener Midget AIIstar baseball team to attend the Canadian Championships on August 25, 1993 in Summerside, Prince Edward Island. 11. That we approve the request of the Kitchener Cricket Club for a grant in the amount of $210.61 to off-set the Cricket Pitch Meadowland Park Project, interest charges. 12. That pursuant to Section 3 (1) of the Emergency Plans Act, R.S.O. 1990, Chapter E.9, a by-law be passed to adopt the Emergency Plan as presented to the Community Services Committee on August 17, 1993. COMMUNITY SERVICES COMMITTEE AUGUST 23, 1993 13. That pursuant to Section 72 (3) of The Municipal Act, R.S.O. 1990, Chapter 302, a by-law be passed relative to the appointment of an Acting Mayor; and further, That the appointment of the Acting Mayor shall be in alphabetical order of the Council members' surnames, and each shall be for a period of one month; the order may be changed by resolution of Council; and further, That when both the Mayor and Acting Mayor are absent, the member of Council present who has most recently presided as Acting Mayor, shall assume office; and further, That for purposes of 1993 and 1994, the said by-law shall be prepared and approved as quickly as possible, and in future instances, the by-law shall be prepared and passed at the beginning of the 3 year term of the Council. 14. That we approve the sponsorship of the Kitchener Fire Department's Fire Prevention Week, from October 3 - 10, 1993, by Canada Trust Realty; and further, That Saturday October 2, 1993 be declared "Fire Awareness Day"; and further, That we approve, in principle, of the development of a charitable fund to be known as C.E.R.T. - Community Emergency Relief Fund - for the benefit of victims of fire in KitchenerANaterloo. 15. That we recognize the 75th anniversary of the Inter County Baseball Association and its association with the City of Kitchener by means of a framed certificate of congratulations; and further, That the certificate of congratulations be presented to officials of the league at the September 27, 1993 Council meeting. ENVIRONMENTAL COMMITTEE That the Management Committee consider inclusion of the City's environmental logo on all City stationery provided it could be done at no additional on going cost. FINANCE AND ADMINISTRATION COMMITTEE That no action be taken on the request of the Elora Festival for permission to hold bingos in the City of Kitchener. That with respect to his claim for damages to the property known municipally as 15 Wilkins Drive, the owner quantify the claim and provide information as to the cost of remedial actions for further consideration at the September 20, 1993 meeting of the Finance and Administration Committee. That subject to the applicant meeting all requirements of the municipality and the Kitchener Downtown Business Association, the City has no objection to the operation of an outdoor patio by COUNCIL M/NUTES - 417 - AUGUST ~3, 1993 Dandy's Restaurant during the period September 17, 18 and 19, 1993 as outlined in the written submission and diagram from Mr. G. Bardouniotis dated August 9, 1993. That Council endorse the retention of professional resources to assist in the development of a Revitalization Plan for Downtown Kitchener, with any necessary funding to be drawn from existing, approved budgets. That Council grant the request of Ms. S. Biers (Jester's Court Restaurant) to hold a Charity Fun Fair on the playing field at Victoria Park on Saturday, September 4, 1993, and, That the licence fee relative to the operation of a Chip Wagon be waived and the requester granted permission to relocate her two food carts to the playing field for this event, and, That notwithstanding a prior Agreement, the applicant be allowed to operate the Boathouse Restaurant and the Picnic Booth Concession until 1:00 a.m. the night of the event, and further, FINANCE AND ADMINISTRATION COMMITTEE AUGUST 23, 1993 That relative to Chapter 405 (Animals At Large) of the Municipal Code, the requester insure that any ponies used as part of the event be kept under leash (not longer than eight feet) and under the control of an adult person. That the Employment Equity Review Committee report dated August 11, 1993 be accepted and staff directed to implement its various recommendations, and further, That the City of Kitchener request that the Ontario Fire Marshall's Office develop a standardized educational program at the Community College level as an entry qualification to the firefighting profession. (DEALT WITH UNDER DELEGATIONS AND CARRIED UNANIMOUSLY) That "Breakfast Bingos" be allowed for a trial period of six (6) months subject to the game formats being approved by the Provincial Lotteries Branch and the City of Kitchener Licensing Division, and further, That following the six (6) month trial period, the Manager of Licensing review "Breakfast Bingos" and report to the Finance and Administration Committee with recommendations as to whether they should be continued. That the Mayor and Clerk be authorized to execute the Agreement of Purchase and Sale dated August 11, 1993, to sell Part of Lot 1, C. Eby's Survey, Register Plan 364 known municipally as 59 Frederick Street (Revenue Building) to Wolfgang Reischl at the purchase price of $900,000.00, and further, That the Mayor and Clerk be authorized to execute any further documentation as required by the City Solicitor to complete the transaction. (DEALT WITH UNDER DELEGATIONS AND CARRIED) WHEREAS Section 23 of the Assessment Act was developed by the Province of Ontario to freeze the assessment value of golf course lands over 20 years ago when the economy was more buoyant, when municipal taxation was less onerous, and the deficit non-existent, and, WHEREAS fair market value assessment is designed to take land values into account based on use, zoning and other factors, and notwithstanding some inherent difficulties in its actual implementation, it should offer sufficient protection to golf courses from unreasonable assessment values and correspondingly high municipal taxes which would otherwise make golf courses financially unfeasible, and, WHEREAS the exempting of special interest groups from municipal taxation weakens the tax base and makes it harder for individual taxpayers to accept their tax burden, THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Kitchener hereby: a) Petitions the Province of Ontario to rescind the legislation which allows for the exemption or COUNCIL M/NIYFES - 418 - AUGUST 23, 1993 freezing of municipal taxes for golf courses, and further, b) Requests legislation to allow the City of Kitchener and all municipalities in Ontario to terminate existing agreements with provision to negotiate a phase-in over a five year period of the taxes which hitherto have been exempt or frozen, in order to permit the golf courses to develop a fee structure to accommodate the increased taxes, and further, That copies of this resolution be forwarded to the Minister of Municipal Affairs and the Association of Municipalities of Ontario. (AS AMENDED) 10. That pursuant to the Municipal Freedom of Information and Protection of Privacy Act and effective August 23, 1993, City Council further delegate to the Senior Zoning Officer or his delegate the following powers and duties relative to survey documents only; clarifying access requests; issuing notices regarding access to records; and granting access to original records in response to written requests. FINANCE AND ADMINISTRATION COMMITTEE AUGUST 23, 1993 11. That clause 25.7.13 (b) of Chapter 25 of the City of Kitchener Municipal Code be repealed and the following be substituted therefor: 25.7.13 (b) be tabled at a Council meeting preceding the date on which the matter will be introduced; or, will be received by the Clerk in sufficient time for it to be processed under clause (c). 12. That Council adopt the HIV Disease Policy appended to the report of Mr. D. Paterson dated August 16, 1993. 13. That for the purposes of the Social Contract only Council hold in abeyance its Policy No. 11-19 relative to hiring and notice of job vacancy. 14. That no action be taken on the request of Mr. James Young for an Ice Cream Vehicle Driver Licence. 15. That the Manager of Licensing be authorized to issue an Ice Cream Vehicle Driver Licence to Mr. Jeffrey Thomas Wroblewski. LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE That Council endorse, in principle, an application under Ontario's Provincial Historical Plaque Program relative to the designated property at 108 Queen Street North (Sonneck House), and further, That Mr. G. Sosnoski research the matter and report back to L.A.C.A.C. at a future meeting. That pursuant to Section 5.16 of the Upper Doon Heritage Conservation District Plan and conditional upon the retained and created lots having a minimum lot area of .5 acres, Council approve the lot changes involving 1398 and 1410 Doon Village Road as a result of the proposed severance application outlined in the report of Mr. L. Bensason dated August 11, 1993 and the accompanying survey/road alignment documents. That the Council representatives on the Local Architectural Conservation Advisory Committee insure to the best of their ability that the Planning and Development Department includes provision for Heritage Sensitive Areas in the City of Kitchener Official Plan and related policies similar to those proposed for the Regional Official Plan. That Council be advised that in light of related heritage issues the Local Architectural Conservation Advisory Committee supports the recommendation of Planning and Development Department staff that Zone Change Application 93/7/O/JW (Glen Urquhart) involving 1763 and 1765 Old Mill Road be refused. PUBLIC WORKS AND TRANSPORTATION COMMITTEE COUNCIL M/NUTES - 419 - AUGUST ~3, 1993 That all-way stop controls only be installed at intersections where the Warrants as set out in the Ministry of Transportation of Ontario Manual of Uniform Traffic Control Devices are fulfilled and based on sound traffic engineering principles. (MOTION LOST) That parking be prohibited on the south side of Patricia Avenue from a point 50 metres east of Metzloff Drive to a point 111 metres east of Metzloff Drive, and further, That the Uniform Traffic By-law be amended accordingly. That an all-way stop be installed at the intersection of Forest Hill Drive and Warren Road, and further, That the Uniform Traffic By-law be amended accordingly, and further, That curve warning signs and 40 km/h speed tabs be installed on both approaches of the curve on Forest Hill Drive between both intersections of Deerpark Crescent, and further, That the Waterloo Regional Police Service be requested to enforce the existing 50 km/h speed limit on Forest Hill Drive. (DEALT WITH UNDER DELEGATIONS AND CARRIED) PUBLIC WORKS AND TRANSPORTATION COMMITTEE AUGUST 23, 1993 That no action be taken at this time on a request to investigate installation of an all-way stop at the intersection of Sydney Street and Bedford Road until construction is completed and this intersection can be studied under normal operating conditions. That parking be prohibited on the east side of Lennox Crescent from a point 50 metres east of Medford Street to a point 90 metres east of Medford Street, and further, That the Uniform Traffic By-law be amended accordingly. That consideration of the June 24th staff report relative to local improvement works on West Acres Crescent be deferred and referred to the meeting of the Public Works and Transportation Committee scheduled for October 4, 1993. That Council amend the City of Kitchener Policy Manual Section 1.655.1 such that Council delegate the authority to allow the pre-grading of subdivisions to the Commissioner of Public Works, in accordance with plans prepared by the Developer's Engineering Consultant and in a manner that is acceptable to the Commissioner of Public Works, subject to and where applicable: - the approval of an archaeological survey by the Regional Archaeologist; Tree Saving Plan approved by the Departments of Planning and Development and Parks and Recreation; Erosion and Siltation Control Plans being approved by the Public Works Department and any other applicable regulatory agency; all areas that will not immediately be used for development purposes will be topsoiled and sodded. That funding be included in the 10 Year Capital Forecast with consideration for placement in 1994 for a Hydrogeological Investigation on City property in the area of the former Coal Gasification Plant formerly located on Gaukel Street between Charles Street and Joseph Street. That we authorize the construction of a concrete sidewalk on Bloomingdale Road along the Schaefer Park property frontage, and further, That the cost of the project be funded from the Concrete Sidewalk Repair Budget with installation being completed by September 30, 1993. COUNCIL M/NUTES - 4~0 - AUGUST ~3, 1993 COMMITTEE OF THE WHOLE MINUTES AUGUST 23, 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. Minutes of Settlement It was resolved: "That the City Solicitor be authorized to execute the Minutes of Settlement with respect to the Assessment Appeal by Mr. Karl Nofer and Mrs. Telse Nofer of its realty assessment for the property municipally known as 327 Edenbridge Place, Kitchener for the taxation year 1992." - and - "That the City Solicitor be authorized to execute the Minutes of Settlement with respect to the Assessment Appeal by Teresa Hsu Tsai-Yuan of the realty assessment for the property municipally known as 115 Ralgreen Crescent for the taxation year 1992." 2. Licenses It was resolved: "That the City of Kitchener has no objection to the Niagara Falls Blind Bowlers holding a Raffle in the City of Kitchener on February 5, 1994, at the Valhalla Inn." - and - "That the City of Kitchener has no objection to a Provincial Monte Carlo Licence being issued to the Rotary Club of Kitchener-Westmount, 828 King Street West, Kitchener, to conduct a Monte Carlo Event during Oktoberfest, October 8 to 16th, 1993, at the Concordia Club, 429 Ottawa Street South, Kitchener." - and - "That the City of Kitchener has no objection to a Provincial Bingo Licence being issued to the Canadian Council of the Blind - Ontario Division, 67 Fairfield Avenue, Kitchener, to conduct bingos at the Downtown Club, 329 King Street East, Kitchener, 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 met 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. COMMITTEE OF THE WHOLE MINUTES AUGUST 23, 1993 REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) 5. That all Provincial Bingo Lottery requirements are met." - and - Licenses (Cont'd) "That the City of Kitchener has no objection to a Provincial licence being issued to the St. Mary's General Hospital Foundation to conduct a Monte Carlo event at the new Kitchener City Hall, 200 King Street West, Kitchener on October 2, 1993." - and - "That the Kitchener Waterloo Skating Club (KWSC) be granted permission to operate a refreshment stand, in the parking lit in front of Zehrs, Hiway Market, Weber Street East, Kitchener, on September 10 & 11, 1993, provided that the necessary Licence and Health and Fire approvals are obtained." - and - "That the City of Kitchener has no objection to a Lottery Licence being issued to the Kitchener Waterloo Gymnastics Club to conduct a Raffle Lottery at their office on 805 Victoria Street South, Kitchener, on December 11, 1993." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the K-W Hebrew Day School to conduct a Monte Carlo event at Lulu's Roadhouse, Kitchener during Oktoberfest on October 9-11, 1993 inclusive." - and - "That the Olde English Parlour, 77 King Street North, Waterloo, be granted permission to operate a refreshment stand at the Southwest Optimist's Sportsfield, Homer Watson Blvd. and Pioneer Drive, Kitchener, during a Slow Pitch tournament on August 27-29, 1993, provided that the necessary Licence, Health and Fire approvals are obtained and a Building permit has been granted for the erection of the 20 X 30 tent." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Civitan Club of Kitchener-Waterloo to conduct a Monte Carlo event at Bingeman Park, Kitchener during Oktoberfest, October 8-17, 1993." Execution of Final Release - BRIDGEPORT NORTH WARD It was resolved: "That the Mayor and Clerk be authorized to sign a Final Release of Liability in favour of the Ministry of the Environment and the Regional Municipality of Waterloo in consideration of a payment in the amount of $852.18 for the City of Kitchener's claim for the clean-up of residential properties on Bridge Street arising out of a sewage backup on April 23, 1992." Consent - Lease of Industrial Land - SOUTH WARD It was resolved: "That the City consent to leases from Failer Holdings Limited to Lisan Custom Woodworking for Unit 1, to 1011253 Ontario Ltd. for Unit 4 and to Jamsons Industrial Supplies Inc. for Units 7 & 14, at the property described as Part 27 on Reference COMMITTEE OF THE WHOLE MINUTES AUGUST 23, 1993 REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) Plan 58R-5668 and municipally known as 63 Mclntyre Place, Kitchener." 5. Appointment - Kitchener Housinq Inc. It was resolved: "That we approve the appointment of Patrick Simmons to the Kitchener Housing Inc. Board of Directors to fill the vacancy created by the retirement of Cliff Wilson for a term to expire November 30, 1994. 6. Licensinq Aqreement - Oktoberfest It was resolved: "That the Mayor and Clerk be authorized to execute a Licensing Agreement dated July 13, 1993 to allow the Lions Club of Kitchener to use Queensmount Arena during Oktoberfest from September 24, 1993 to October 17, 1993 for rent in the sum of $7,5OO." 7. Lien - STANLEY PARK WARD It was resolved: "That the Corporation of the City of Kitchener accept the offer from Montreal Trust, the mortgagee in possession of 381 Heritage Drive, Kitchener, to purchase a furnace installed at such property pursuant to the Kitchener Utilities Gas Furnace Promotion Program for the amount of $2,500 plus applicable sales taxes." 8. Enqineerinq Aqreements It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Cumming Cockburn Limited, regarding Springfield Subdivision, 30T-88012." - and - "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Cumming Cockburn Limited, regarding Glencairn Subdivision Stage 5, 30T-88054." 9. Schneider Trunk Sanitary Sewer - ROCKWAY-ST. MARY'S WARD It was resolved: "That the City of Kitchener reimburses Frank Lipnicki, 177 Bedford Road, the sum of $2,260.91 to cover the cost incurred to remove the landscaping, relocate the business sign and to provide alternate access to 177 Bedford Road, during construction of Schneider Sanitary Trunk Sewer." 10. Resolution - City of Toronto - Hatred and Racism Council was in receipt of a letter from the Mayor of the City of Toronto conveying a resolution adopted by Toronto City Council on Tuesday, June 22, 1993 suggesting various actions to be taken to deal with racism and hatred. COMMITTEE OF THE WHOLE MINUTES AUGUST 23, 1993 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) Alderman B. Stortz pointed out that the resolution is similar in content to one recently enacted by Kitchener Council. It was generally agreed that no further action would be taken on the Toronto request. 11. Variance to Municipal Code, Chapter 630 (Fence) - FAIRVIEW WARD Dealt with under delegations. 12. Committee of Adjustment - Sign Variance - CHICOPEE WARD Dealt with under delegations. 13. Committee of Adjustment Vacancy Council was in receipt of a memorandum from Mr. R.W. Pritchard dated August 5, 1993 along with applications from three individuals. It was resolved: "That Council appoint Mr. James C.M. Gothard to the Committee of Adjustment to fill the vacancy created by the resignation of Mr. F.W. Lehman for a term to expire November 30, 1994." 14. Tender It was resolved: "That tender T93-68, Dismantling and Removal of Offices at 22 Frederick Street, be awarded to Esvari Development And Associate Ltd., Kitchener, at their tendered price of $57,372. plus G.S.T." 15. Cancellation, Refund, Reduction or Levy of Taxes - August 23, 1993 Hearing Council was in receipt of a report and recommendation from Mr. R.W. Pritchard dated August 18, 1993 including a summary of adjustments. Alderman C. Weylie disclosed a conflict of interest and abstained from all voting and discussion concerning Item Nos. 267 and 268 (Page 39) as she is employed by Kirkwood Insurance Brokers. It was resolved: "That the applications attached to the report of Mr. R.W. Pritchard dated August 18, 1993 and forming part of these minutes relative to the cancellation, reduction, refund or levy of taxes be disposed of as recommended therein." Alderman C. Weylie disclosed a conflict of interest and abstained from all voting and discussion concerning Item Nos. 267 and 268 (Page 39) as she is employed by Kirkwood Insurance Brokers. 16. Refreshment Stand Licence - Shopper's Drug Mart Council was in receipt of a report and recommendation from Mrs. J. Koppeser dated August 18, 1993 recommending conditional approval. It was resolved: "That, conditional upon the applicant obtaining all necessary Licence, Health and Fire approvals, Shopper's Drug Mart be granted permission to operate a refreshment stand in the parking lot of their store at 525 Highland Road West, Kitchener, on COMMITTEE OF THE WHOLE MINUTES AUGUST 23, 1993 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) September 11, 1993." 17. Quit Claim Deed Council was in receipt of a report from Mr. J. Shivas dated August 18, 1993 recommending execution of the deed. It was resolved: "That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all rights of the City contained in paragraph 5.(b) of Schedule 'A' to Instrument No. 679781 respecting Part 2 on Reference Plan 58R-1720."