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HomeMy WebLinkAboutCouncil Minutes - 1993-10-26COU NCIL\1993-10-26 COUNCIL MINUTES OCTOBER 26, 1993 The Council of the Corporation of the City of Kitchener met this date with all members present. On motion by Councillor J. Smola, the minutes of the regular meeting held on October 12, 1993, as mailed to the Mayor and Councillors, were accepted. A. Communication referred to Committee of the Whole (1) Letter dated October 20, 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. Mr. John English, who was elected as Member of Parliament for Kitchener in the October 25 Federal Election, paid a courtesy call to City Council this evening and advised that he was looking forward to working with City Council in his new position. Mr. Darcy Clark appeared as a delegation in support of clause 1 of the Public Works & Transportation Committee report of this date. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz That clause 1 of the report of the Public Works & Transportation Committee of this date be adopted. Carried. Mr. Howard Rotberg, c/o Mark Grossman, 17 Weber Street West, appeared as a delegation on behalf of the K-W Hebrew Day School to request permission to have Wheels of Fortune and Black Jack tables on December 3-5, 1993 at Lulu's Roadhouse. Members of Council were in receipt of a copy of a memorandum this date from the Manager of Licensing regarding this matter. Moved by Councillor G. Leadston Seconded by Councillor J. Smola 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 on December 3-5, 1993, inclusive. Carried. Mr. Edmund Farrage, 185 Goulding Avenue, Toronto, appeared as a delegation regarding a request for an encroachment agreement pertaining to the property at 650 King Street East. Members of Council were in receipt of correspondence dated October 22, 1993 from Ms. L. MacDonald, Assistant City Solicitor, discussing issues relative to this matter since City Council passed its resolution on March 8, 1993 that authorized an encroachment agreement to be executed. Following discussion, it was agreed that the total encroachment would be increased from no more than 7.5 inches to no more than 9.5 inches in total onto the Pandora road allowance. Moved by Councillor B. Stortz Seconded by Councillor G. Lorentz That the Mayor and Clerk be authorized to execute an encroachment agreement,satisfactory to the City Solicitor, with the registered owner(s) of Lot 75, Subdivision of Lot 2, German Company Tract, known as 650 King Street East, Kitchener to authorize the encroachment of the existing brick building wall which extends 2.5", more or less, onto Pandora Avenue and to permit eavestroughing to be installed and maintained at the point where the roof meets the building wall such that the eavestroughing encroaches no more than 7" beyond the existing building wall. The total encroachment to be no more than 9.5" in total onto the Pandora Road allowance. Carried. Ms. Marilyn Myers appeared as a delegation along with another resident to comment on clause 4 of the Community Services report dealing with the issue of access to Woodland Cemetery. Ms. Myers COUNCIL MINUTES - 532 - OCTOBER 26, 1993 expressed appreciation for the consideration given to this matter by all affected parties. She noted that the neighbours through a petition, had requested closure of the cemetery after dark. Ms. Myers pointed out that the recommendation from the Manager of Cemeteries does not address the lack of enforcement of the entry prohibition to the cemetery after normal hours. She stated that this is a by-law enforcement issue for the City to address as part of its policies relative to availability of enforcement resources. A general discussion of the Committee recommendation then took place. In response to Councillor C. Zehr, Mr. F.S. Graham stated that items (d) and (e) of the recommendations were a matter for consideration as part of the Capital Budget process. Councillor C. Zehr noted that since the recommendation did not give the residents what they want, that staff should obtain costing information and monitor the existing situation closely. Mr. Graham advised that staff would liaise with Waterloo Regional Police on this issue as well as others. Following further discussion, it was requested that Mr. G. Kett provide the Community Services Committee with a report in three months on the status of the issues outlined in the Committee recommendation. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola That clause 4 of the report of the Community Services Committee of this date be adopted. Carried. Mrs. Nancy Brawley appeared as a delegation on behalf of the Kitchener Downtown Business Association to support clause 5 of the report of the Finance & Administration Committee dealing with the provision of an additional $250,000 funding to the Facade Interior Loan Program. She noted that members of Council were in receipt of a letter dated October 22, 1993 from the Commissioner of Finance outlining financial details relative to the program. Mrs. Brawley stated that the program has been beneficial in assisting businesses to fix up their premises, as well as being a tool for business recruitment for the downtown area. As an example of the benefits, she referred to recent renovation in the Market Village area that has taken place and that additional funding was justified given the payback being achieved to upgrade downtown business properties. Councillor J. Smola referred to details contained in Planning & Development Staff Report PD 109/93 outlining the ratio of City funding to the total renovation expenditure by the affected businesses and questioned if the different percentages amongst these businesses was fair. Councillor B. Stortz commented that the program has worked very well to this point. Ms. Eileen Frei, who operates the Purple Turtle restaurant, expressed her appreciation for the City's assistance in the renovation of her property and requested that the program be continued. Mr. Graham Parrot advised that he was part owner of properties located at 117-137 Duke Street which have taken advantage of the Loan Program. Mr. Parrot advised that without the City's assistance, the owners could not have carried out sufficient renovation to attract the kind of businesses that have now located in the properties. Councillor T. Galloway questioned what the impact would be if the interest rate on the loan was higher and the grant portion was less and the delegation advised that changing the percentages would make the improvement program less feasible. Councillor C. Zehr clarified that the interest rate that has been charged on recent loans was set at 2% below the rate of interest being earned by the City on its investments which average around 5% and that therefore a 3% rate of interest was not reasonable. Accordingly, he indicated that he would move to amend the current program conditions to provide that the interest rate charged on the repayable portion be set on a floating basis of prime rate plus 1% and that the current 30% forgivable portion of loans be lowered to 20%. He indicated that this reduction would reduce the required funding from the City from $65,000 as noted in Mr. Gazzola's report to $40,000. Moved by Councillor C. Zehr Seconded by Councillor B. Stortz That clause 5 of the report of the Finance & Administration Committee be re-worded and adopted as follows: "That additional funding in the amount of $250,000 be approved for the Facade/Interior Loan Program. Further, that the Forgivable portion of the loan be lowered from 30% to COUNCIL MINUTES - 533 - OCTOBER 26, 1993 20% and the interest rate on the Repayable portion be set at a Floating Rate of Prime plus 1%. Further, that the Forgivable portion be financed from the Tax Stabilization Reserve Fund and the required transfer from Reserves be approved. And further, that any interest income earned by the Facade/Interior Improvement Fund be split and credited on a 50/50 basis between the City's General Funds and the Facade/Interior Fund." In response to the matter of security for the loan, Mr. J. Wallace, advised that the City's policy was to rely on a promissory note, whereas at an earlier stage in the program the City had taken other forms of security. Members of Council then commented on aspects of the Loan Program and the changes proposed, as well as, concerns that businesses outside of the downtown could not benefit from the program. In particular, concern was expressed that an upper limit should be put on the funding for the program. Other questions were asked concerning program details and Mr. J. Wallace advised that he would send Members of Council a copy of the promissory note which would illustrate such details. Councillor C. Zehr's motion was then put to a vote and Carried. Councillor T. Galloway requested that the Loan Program Fund be capped for 1994. Mr. T. McKay suggested that the funding relating to the forgivable portion should be the subject of budget discussions. Moved by Councillor G. Leadston Seconded by Councillor T. Galloway That the funding required to finance the forgivable portion of the Facade/Interior Loan Program be referred to the 1994 Budget Committee meetings for consideration. Carried. Moved by Councillor J. Ziegler Seconded by Councillor C. Weylie That the report of the Planning and Economic Development Committee of Council of this date be adopted. Several members of Council were of the view that clause 3 of the report dealing with a request that meetings of all Standing Committees be held in the Council Chambers rather than in the Conestoga Room be considered this date rather than at the next meeting of the Finance and Administration Committee. Mr. T. McKay noted that the Conestoga Room was designed for Committee meetings that would provide an informal atmosphere and pointed out that the room was still not in finished form. The report was then put to a vote. Voted on clause by clause. Clause 3 - A recorded vote was requested. In Favour: Mayor D.V. Cardillo and Councillors T. Galloway, C. Weylie, M. Yantzi, C. Zehr, B. Stortz and M. Wagner. Contra: Councillors J. Ziegler, G. Leadston, J. Smola and G. Lorentz. Motion Carried. Balance of report - Carried. Moved by Councillor C. Zehr Seconded by Councillor G. Lorentz COUNCIL MINUTES - 534 - OCTOBER 26, 1993 That the report of the City Hall Steering Committee of this date be adopted. Councillor J. Ziegler stated that he was opposed to Recommendations 1 & 2. In reference to Recommendation 1, he stated that it was his understanding that the intent of the contribution was to encourage the City to build and operate the rink and not as outlined in the recommendation. In reference to Recommendation 2 he stated that the revenues earned should be directed towards reduction of the operating costs of the Ice Rink. Councillor B. Stortz stated his understanding was similar to that of Councillor Ziegler's and suggested that clauses 1 & 2 be referred to the Finance and Administration Committee to review these matters. The report was then put to a vote. Voted on clause by clause. Clauses 1 & 2 - Referred to Finance and Administration Committee. Balance of report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola That the report of the Community Services Committee of this date be adopted. Voted on clause by clause. Clause 4 - Dealt with under Delegations and Carried. Balance of report - Carried. Moved by Councillor C. Zehr Seconded by Councillor B. Stortz That the report of the Finance and Administration Committee of this date be adopted. Councillor G. Leadston advised that he had extended an invitation to the Township of Woolwich to seek assistance with its administration of bingos from the City's Licensing Division. In reference to part of clause 7 directing staff to itemize suggested reductions to reduce the projected levy increase to below 1.9%, some members of Council were of the view that this direction should be amended to reduce the increase to zero percent. During discussions, it was suggested that staff require further direction in this matter and that Council should hold a special meeting to "brainstorm" areas of potential reduction. Councillor G. Leadston suggested that Council might obtain input from the electorate by placing questions on the November 1994 election ballot that would indicate what reductions in City services they were prepared to accept, but that in the mean time it could take some additional actions to bring about reductions. Councillor T. Galloway, indicated that he could accept the Committee recommendation on the understanding that Council take a proactive approach and work toward a zero percent levy increase. Councillor C. Zehr suggested that Committee meeting times for November 1 could be shifted to allow the Finance and Administration Committee to consider suggested areas of budget reduction. Mr. T. McKay commented that staff have already trimmed budgets to remove $1,000,000 to address reduced grant funding from the Province as a result of its "Social Contract". He stated that the City's main problem was reduced revenues and that the majority of expenditures was on employees who deliver municipal services. On motion by Councillor J. Ziegler, seconded by Councillor G. Leadston, it was agreed to amend clause 7 so as to provide for suggested reductions which would reduce the projected increase to zero percent. The report was then put to a vote. COUNCIL MINUTES - 535 - OCTOBER 26, 1993 Voted on clause by clause. Clause 5 - Dealt with under Delegations and Carried, as amended. Clause 7 - Carried, as amended. Balance of report - Carried. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz That the report of the Public Works & Transportation Committee of this date be adopted. In reference to clause 4, Alderman G. Lorentz stressed the need and importance of upgrading Fischer/Hallman Road. Alderman J. Smola questioned clause 7 and Mr. J. Gazzola advised that while the City would like to have made the billing adjustments on the same basis as Union Gas, it did not have the staff to do it and could not collect the retroactive amount in one payment. Accordingly, customers are being billed on a monthly basis to recover the retroactive amounts. Councillor J. Ziegler stated that he was opposed to clause 8 on the basis that the City not invest in the automatic meter reading technology at an early date as the initial high cost requires a very long pay back, but rather that it wait until prices for this technology fall in the same way that prices for computer technology have fallen after initial introduction. Mr. T. McKay then explained the review process that would take place. The report was then put to a vote. Voted on clause by clause. Clause 1 - Dealt with under Delegations and Carried.. Balance of report - Carried. Recorded Conflict of Interest and Abstention. Clause 4 - Councillor J. Ziegler disclosed a partial conflict of interest and abstained from voting with regard to the Fairway Road/River Road Projects as he owns property on King Street East between River Road and Fairway Road. Councillor G. Leadston advised that a petition has been received from the residents of ten properties on Old York Crescent requesting that Crab Apple trees which are planted on the boulevard on the west side of the street be removed as soon as possible and replaced with the choice of trees that they have indicated on the petition. He noted that the petition requests the same treatment as residents of an adjacent street received and staff are in agreement with the request. Moved by Councillor G. Leadston Seconded by Councillor G. Lorentz That we approve the request of residents of Old York Crescent to remove Crab Apple trees on the boulevard of the west side of the crescent as soon as possible and to replace these trees with the trees indicated on the petition. Carried. Councillor J. Ziegler advised that he had a concern with regard to the operation of the Golden Shine Kennels. He stated that he understood there were more than ten dogs at the kennel but that the Humane Society viewed the situation as a grey area and questioned what the Legal Department could do respecting this matter. COUNCIL MINUTES - 536 - OCTOBER 26, 1993 Councillor J. Ziegler stated that he had a second concern regarding the City's Noise By-law with respect to a recent court ruling that the City's Noise By-law did not apply since lands in the vicinity were zoned "Agricultural" and nearby lands zoned "Industrial". He requested a report from the Legal Department respecting this matter. Councillor J. Smola stated that he also had a noise complaint involving dogs and requested that the Finance and Administration Committee consider reduction of the ten dog maximum at the Committee's second meeting in November. Councillor J. Ziegler commented that with respect to the proposed Women's Correctional facility and the Hearing that was held by the Ontario Municipal Board in that regard, he wished to advise that Messrs. Neil Taylor and George Miller have stated that no outside assistance was received with regards to this matter. He advised that Mr. Neil Taylor was not a member of the People Protecting Property organization and that Mr. Taylor has asked for retraction from the City Solicitor of his comments pertaining to this matter. Councillor G. Leadston commented that any concerns raised with Council in In Camera session should not be publicly discussed. In any event, he stated that Mr. J. Wallace, in his review of issues respecting this matter, did not attempt to impune anyone. Moved by Councillor G. Stortz Seconded Councillor M. Yantzi That the request of Mr. Neil Taylor for retraction from the City Solicitor of his comments concerning the Ontario Municipal Board Hearing on the proposed Women's Correctional facility be noted and filed. Carried. Councillor C. Zehr referred to a letter respecting an incident in a parking lot where a confrontation took place concerning someone parking in a parking spot designated for disabled persons. He requested that the public respect parking spaces designated for the disabled. Councillor C. Zehr also stated that he had received a complaint from a visitor from British Columbia who was in the City during Oktoberfest and was upset with the amount of dog excrement that he had found in City parks. Again Councillor Zehr requested that residents respect the City's by-law in this regard. Councillor G. Lorentz reported that the United Way Fundraising Campaign was not going as well as in previous years and suggested that the reason was likely based on the Province's Social Contract legislation. He asked that members of Council make every attempt to match last year's contributional levels. Councillor G. Lorentz noted that of the City's Fire Station properties only Station No.6 was flying a Canadian flag. He advised that he had discussed this matter with the Fire Chief and indicated that an attempt will be made to find donations from the private sector to erect flagpoles at Fire Station properties and provide suitable recognition in this regard. Councillor Lorentz stated that it was his hope to address this matter without taxpayer costs but if he was unsuccessful he would bring the matter back to the Community Services Committee by year end for further consideration. Councillor T. Galloway reported that the new sound system in the auditorium was now installed and working very well and asked that Council recall that one of the unsuccessful vendors had challenged Council's decision relative to the technology. Moved by Councillor M. Yantzi Seconded by Councillor M. Wagner That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to establish an Emergency Plan governing the provision of necessary services during an emergency (b) Being a by-law to amend By-law No. 4830 known as the Zoning By-law - Slobodan and Jelena Radojcin -Ahrens Street West- No. 861011AIZJ (c) Being a by-law to amend By-law 4830 known as the Zoning By-law - Monarch Construction Limited - Pinnacle Drive - No.9OIO41PIZJ COUNCIL MINUTES - 537 - OCTOBER 26, 1993 (d) To confirm all actions and proceedings of the Council 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 Councillor J. Smola as Chairman. On motion, the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the Chair. 7. Moved by Councillor J. Smola Seconded by Councillor G. Leadston 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. Councillor C. Zehr thanked the various Councillors who participated in the hosting of a Japanese delegation that was touring the Cities of Kitchener, Dallas and San Francisco on a business trip. 8. Moved by Councillor M. Yantzi Seconded by Councillor M. Wagner That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to establish an Emergency Plan governing the provision of necessary services during an emergency (By-law No. 93-200) (b) Being a by-law to amend By-law No. 4830 known as the Zoning By-law - Slobodan and Jelena Radojcin -Ahrens Street West- No. 861011AIZJ (By-law No. 93-201) (c) Being a by-law to amend By-law 4830 known as the Zoning By-law - Monarch Construction Limited - Pinnacle Drive - No.9OIO41PIZJ (By-law No. 93-202) (d) To confirm all actions and proceedings of the Council (By-law No. 93-203) 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 - 538 - OCTOBER 26, 1993 REPORTS ADOPTED BY COUNCIL - OCTOBER 26, 1993 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE That the Mayor and Clerk be authorized to execute an application for Copyright for the City of Kitchener Urban Design Awards Logo and that the City Solicitor be authorized to make such application. That the public meeting of the Planning and Economic Development Committee scheduled for 6:30 p.m. on November 29, 1993 to consider 3 new Secondary Plans, 6 Secondary Plan Amendments and Stage 6 of the Comprehensive Zoning By-law be relocated from The Conestoga Room to the Council Chambers. That the agenda of the next regular meeting of the Finance and Administration Committee include consideration of a request that meetings of all Standing Committees be held in the Council Chambers rather than the Conestoga Room. (A) That the attached Official Plan Amendment for Application 92/5 (Steed & Evans Limited) requesting an amendment to the Kitchener Official Plan from Business Park to Low Density Residential on lands described as Part of Lot 112, German Company Tract, be approved. It is the opinion of this Committee that the approval of this Amendment is proper planning for the City. (B) That Map A of PD 79/80 "Bridgeport East Secondary Plan," as amended by PD 16/85, be revised to change the designation from Industrial to Residential Low Density with respect to lands described as Part of Lot 112, German Company Tract. (c) That Zone Change Application 92/19/B/JW (Steed & Evans Limited) requesting a change in zoning from Restricted Business Park Zone (B-2) according to By-law 85-1 to Semi- Restricted Residential (R2B) with a restriction of use and special regulations and Park and Public Open Space (P) according to By-law 4830 on Part of Lot 112, German Company Tract, in the form shown in the "Proposed By-law" attached dated July 28, 1993, be approved, subject to the Subdivision Agreement conditions contained in (D) below. (D) That Subdivision Application 30T-92003 (Steed & Evans Limited) be recommended to the Regional Municipality of Waterloo for draft approval subject to the following conditions: That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined on the attached Plan of Subdivision and that the following special conditions shall be written therein. The Subdivider covenants and agrees: 51. That the final plan for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated 93 08 19, providing that minor amendments to said plan, acceptable to the Commissioner of Planning and Development and not affecting the numbering of lots or blocks may be permitted without amendment to this agreement. 52. To submit a Lot Grading and Drainage Control Plan for the approval of the Commissioner of Public Works, in consultation with the City's Department of Parks and Recreation, the Regional Municipality of Waterloo, the Ministry of Natural Resources and the Grand River Conservation Authority, with the plan to be approved by those affected agencies prior to registration of the Subdivision Plan. 53. The Subdivider agrees that prior to any grading or construction on the site and prior to the City's release of the Plan for registration, to submit for the approval of the Commissioner of Public Works, in consultation with the City's Department of Parks and Recreation, the Regional Municipality of Waterloo, the Ministry COUNCIL MINUTES PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE 539 - OCTOBER 26, 1993 OCTOBER 26, 1993 4. (Cont'd) of Natural Resources and the Grand River Conservation Authority, a detailed engineering design for storm water management in accordance with the approved concept plan. Said engineering design shall include an erosion and siltation control plan indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction. The Subdivider further agrees to implement all required measures as outlined in the approved final design. 54. That the street names within the Plan of Subdivision shall be approved by City Council prior to registration of the subdivision plan. 55. That vehicles hauling construction equipment to and from the proposed subdivision shall be prohibited from using the Bridge Street bridge over the Grand River and that all construction traffic to and from the proposed subdivision shall be prohibited from using internal residential streets in the community. The Subdivider agrees to advise all relevant contractors, builders and other persons of this requirement with the subdivider being responsible for any signage, where required, all to the satisfaction of the Director of Traffic and Parking Services. 56. To satisfy the Regional Municipality of Waterloo with respect to the design and construction of the required left turn lane from Bridge Street to Street A prior to the issuance of any building permits within the Plan of Subdivision. 57. To construct 1.5 metre concrete sidewalks to the satisfaction of the Commissioner of Public Works, in the following locations: i) both sides of Street A, ii) both sides of Street B from the walkway within Block 60 easterly to the sidewalk on Street A, iii) the southerly side of Street B from Street A westerly to the southerly limit of Lot 32, iv) the southerly side of Bridge Street across the frontage of the Plan of Subdivision. 58. That the 5% parkland dedication required for the plan of subdivision shall be satisfied by the conveyance to the City of approximately 0.30 hectares of lands fronting Street B between Lots 32 and 33 generally as shown on the Plan of Subdivision, at no cost and free of encumbrance, prior to registration of the Plan of Subdivision. The Subdivider further agrees to fill, compact and grade in both a preliminary and finished form, topsoil and seed/sod the said 0.30 hectare parcel to the satisfaction of the Department of Parks and Recreation. All works required of the Subdivider by this Section shall be completed in conjunction with the timing of grading of surrounding residential development not to exceed two years from the registration of the subdivision plan or at any alternate time approved in writing by the Commissioner of Parks and Recreation. It is acknowledged that only that portion of the lands above the Regional flood line shall be accepted by the City towards satisfying the 5% contribution. 59. To convey to the City of Kitchener, at no cost and free of encumbrance, Blocks 59 and 61 for storm water management/drainage purposes, concurrently with registration of the subdivision plan. 60. To design and construct a maintenance access over Block 59 to the storm water management facility, also designed to accommodate major overland storm flows, all to the satisfaction of the Commissioner of Public Works. 61. To dedicate to the City of Kitchener Block 60, by plan registration, for public walkway/emergency access purposes. COUNCIL MINUTES - 540 - OCTOBER 26, 1993 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE OCTOBER 26, 1993 4. (Cont'd) 62. To dedicate to the Regional Municipality of Waterloo Block 58, by plan registration, for road widening purposes. 63. To construct a 6.0 metre wide walkway/emergency vehicular access, over Block 60 from Bridge Street to Street B, to the satisfaction of the Commissioner of Public Works prior to issuance of any building permits for this subdivision. This access and design shall include a knockdown barrier to prevent through traffic between these two streets. 64. To install any required water pressure reducing devices, to the satisfaction of the Regional Commissioner of Engineering, in order to reduce the water pressure below 585 KPa. 65. To install a 1.82 metre high chain link fence and to provide planting strips having a minimum width of 4.6 metres at the rear of all lots abutting Bridge Street, all to the satisfaction of the Regional Municipality of Waterloo. Said planting strips are to be developed at the Subdivider's cost in accordance with plans/drawings approved by the City's Department of Planning and Development, prior to the issuance of any building permits within the subdivision plan. The Subdivider further agrees that said planting strips shall be installed within the affected lots prior to the transfer of title of such lots to the first occupant, or in the event of winter conditions shall be installed by June 1, immediately following such transfer of title. Furthermore, the Subdivider agrees to attach the approved planting plan to all Offers of Purchase and Agreements of Purchase and Sale and/or Rental Agreements for lots in which the required planting strip has not been installed due to winter conditions. It is acknowledged that if physical noise barriers are required in accordance with Section 49 hereof, installation of said barriers shall substitute for the fencing and planting strip requirements. 66. To provide visual barriers along the rear of Lots 1 to 10 inclusive and Lot 50. Said visual barriers shall act as a screen from the adjacent industrial lands, shall be constructed to a minimum height of 1.8 metres and shall consist of a wall, fence, earth berm, continuous unpierced planting of suitable trees or shrubs together with a reserved width of planting area appropriate for healthy plant growth, or any combination of the foregoing. 67. To obtain from the Grand River Conservation Authority, final issuance of Fill, Construction and Alteration to Waterways Permit No. 89/92 pursuant to Ontario Regulation 149/90 as amended by 69/93, and an application for Fill, Construction and Alteration to Waterways Permit for any storm sewer outfalls or other alterations within the flood plan of the Grand River and/or Grand River Scheduled Area, prior to registration of the Plan of Subdivision. 68. That prior to the issuance of any building permits on Lots 8 to 12 inclusive and Lots 31 to 56 inclusive, written approval shall be obtained from the Grand River Conservation Authority, pursuant to their Fill, Construction and Alteration to Waterways Regulation. 69. To provide visual barriers along the rear of Lots 27 to 30 inclusive. Said visual barriers shall act as a screen from the adjacent residential lands, shall be constructed to a minimum height of 1.8 metres and shall consist of a wall, fence, earth berm, continuous unpierced planting of suitable trees or shrubs together with a reserved width of planting area appropriate for healthy plant growth, or any combination of the foregoing. It is the opinion of this Committee that the approval of the zone change and subdivision applications is proper planning for the City and is in conformity with a recommended Amendment (Bridge Street East - Steed & Evans Limited) to the City's Approved Official Plan. (E) That the implementing Zoning By-law for Zone Change Application 92/19/B/JW (Steed & Evans Limited) not be presented to City Council until Subdivision Application 30T-92003 has received Regional Draft Approval whereupon the amending zoning by-law shall be presented to COUNCIL MINUTES PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE 541 - OCTOBER 26, 1993 OCTOBER 26, 1993 4. (Cont'd) City Council for three readings. Alternatively, three readings of the amending zoning by-law may be given if the City Clerk is presented with the letter from the Regional Munici- pality of Waterloo advising that the Region has no objection to the passing of the zoning by-law in the form shown in Staff Report PD 86/93. (F) That the flood plain lands shown generally on the Plan of Subdivision, located immediately south of and abutting the subdivision lands, be conveyed to the City of Kitchener, at no cost and free of encumbrance, prior to registration of the Plan of Subdivision. That the portion of an unnamed lane leading from Union Street northerly a distance of approximately 400 feet just west of Lancaster Street be named "Union Lane" and the address of the 30-unit Kitchener Housing Inc., "Participation House" project be changed from 1094 Union Street to 20 Union Lane. That Planning and Development Staff Report PD 110/93 be forwarded to the Regional Municipality of Waterloo as Kitchener's response to the document "Development Strategies: Policy Directions": Revised Recommendation Report September, 1993. That pending the decision of the Ontario Municipal board as to its jurisdiction, the Commissioner of Planning and Development be directed to process the site plan application to draft approval only with respect to the lands involved in Official Plan Amendment Application 93/3 and Zone Change Application 93/4/H/TM - George Miller. CITY HALL STEERING COMMITTEE That the Kitchener Downtown Business Association contribution of $10,000 per year over the next four years be designated for cultural, and artistic shows, displays, and events within the Civic Square and within City Hall proper, as agreed upon with the KDBA. (REFERRED TO FINANCE AND ADMINISTRATION COMMITTEE) That revenues acquired from the sale of advertising on the ice re-surfacer machine be directed to Civic Square programming. It is estimated that this revenue would be in the order of $1,000. to $2,000. per year. (REFERRED TO FINANCE AND ADMINISTRATION COMMITTEE) That an ad hoc Program and Sponsorship Committee, a Sub-Committee of Community Services composed of Councillors and staff, be formed to assist the Arts, Culture, and Special Events Supervisor, when necessary, in acquiring events and sponsorships. It would be anticipated that this Committee would meet on an infrequent basis. That the City Hall Steering Committee be dissolved, and that all future matters concerning the new City Hall be addressed through the appropriate Standing Committee. COMMUNITY SERVICES COMMITTEE That we approve the request of the Waterloo-Wellington Chapter of the Kidney Foundation of Canada for an in-kind facility rental grant, in the amount of $407.67 for use of the Victoria Park Pavilion on December 23, 1993. That no action be taken on the request of Mr. Ray Williams for a cash grant in the amount of $1,200.00 to assist with the transportation costs to Seoul, Korea, for the Mr. Universe Body Building Competition. COUNCIL MINUTES - 542 - OCTOBER 26, 1993 COMMUNITY SERVICES COMMITTEE OCTOBER 26, 1993 That the contract between the City of Kitchener and Brown's Fine Foods, for the provision of food and beverage services at the Kitchener Memorial Auditorium, be renewed for a further 3 years, to May 31, 2000, on the existing terms and conditions or any changes as mutually agreed upon; and further, That the contract be reviewed annually and renewed upon mutual agreement thereafter; the City to provide the licensee with 2 months notice if it wishes to terminate the agreement; and further, That the Mayor and Clerk be authorized to amend and execute the agreement with Brown's Fine Foods as noted above. 4. That the following measures be taken with respect to access to Woodland Cemetery: a) All gates be left in an open position; b) Liaise with the police to increase patrols in the cemetery as workloads permit; c) Encourage the neighbourhood to form a Neighbourhood Watch group; d) Re-sign all entrance points noting that access is restricted to daylight hours only; and further, e) That staff investigate the cost of installing additional security lighting in the area of the German war graves. (DEALT WITH UNDER DELEGATIONS AND CARRIED) That the viewing lounge between the Kinsmen and Kiwanis ice pads be named "The Kitchener Sports Association Lounge"; and further, That a plaque recognizing the contribution of the Kitchener Sports Association to the K.M.A. Complex at the time of construction be so displayed. That donations be solicited for the large public room commonly referred to as the Subscribers Lounge for the purpose of completion of decorating and furnishing; and further, That a suitable donation reflect the future name of this room. That we enter into a licensing agreement with the Kitchener Lions Club for their use of space in the Lions Arena, as presented to the Community Services Committee on October 18, 1993. FINANCE AND ADMINISTRATION COMMITTEE That consideration of the concerns raised by Mr. W. Mazmanian relative to Union Local 304 and the Job Evaluation Program be deferred and referred to the November 15, 1993 Finance and Administration Committee meeting pending a staff report on the issues raised in his presentation of October 18, 1993. That the City of Kitchener has no objection to a Provincial Licence being issued to the Big Brothers of Kitchener-Waterloo, to hold a Monster Bingo on October 10, 1994, at the Kiwanis Arena in the Kitchener Memorial Auditorium Complex. That no action be taken at this time relative to a proposed increase in the prize board for bingos being operated in the City of Kitchener pending further input from the affected organizations. 4. That City staff be directed to facilitate dialogue between the local non-profit organizations and COUNCIL MINUTES - 543 - OCTOBER 26, 1993 charities who would be affected by an increase in the maximum prize board for bingos being operated in Kitchener in order to obtain their comments and suggestions. FINANCE AND ADMINISTRATION COMMITTEE OCTOBER 26, 1993 That additional funding in the amount of $250,000 be approved for the Facade/Interior Loan Program. Further, that the Forgivable portion of the loan be lowered from 30% to 20% and the interest rate on the Repayable portion be set at a Floating Rate of Prime plus 1%. Further, that the Forgivable portion be financed from the Tax Stabilization Reserve Fund and the required transfer from Reserves be approved. And further, that any interest income earned by the Facade/Interior Improvement Fund be split and credited on a 50/50 basis between the City's General Funds and the Facade/Interior Fund. (DEALT WITH UNDER DELEGATIONS AND CARRIED, AS AMENDED) That the 1994 Budget for the Kitchener Employee Assistance Program (KEAP) be reduced to $44,400.00, and at the same time a user fee of $8.00 per visit be introduced to be paid by the employee for the second and subsequent visits. That in preparing the 1994 draft Budgets, staff be directed to incorporate the allocations in the Pro Forma Budget scenario resulting in a 1.9% levy increase as outlined by Mr. J. Gazzola in his presentation to the Finance and Administration Committee on October 18, 1993 and in addition to itemize suggested reductions which would reduce the projected increase to 0.0%. (AS AMENDED) PUBLIC WORKS AND TRANSPORTATION COMMITTEE That the City of Kitchener enter into a renewal agreement with Gould Outdoor Advertising for the rights to supply, install and maintain bus shelters, and sell the advertising faces on these shelters, and further, That this renewal agreement shall be for a period of 4 years commencing November 1, 1993, and further, That the principals of the current contract shall apply in addition to various agreed to amendments. (DEALT WITH UNDER DELEGATIONS AND CARRIED) That a school bus loading zone be established on the south side of Heritage Drive extending from a point 12 metres west of the entrance to Grand River Arena to a point 35 metres east thereof to accommodate a total of three school buses, and further, That the Uniform Traffic By-law be amended accordingly. That a school bus loading zone be established on the south side of Forestwood Drive extending from a point 30 metres west of Glen Park Crescent to a point 43 metres west thereof to accommodate one school bus, and further, That the Uniform Traffic By-law be amended accordingly. That the City of Kitchener accept the Regional Municipality of Waterloo's 1994 Roads Program and 10 Year Forecast, as submitted, and further, That, in the event that the new Federal Government introduces an infrastructure program, the City of Kitchener recommends to the Regional Municipality of Waterloo that the Homer Watson Boulevard projects be brought forward as the first priority; the Fairway Road/River Road projects COUNCIL MINUTES - 544 - OCTOBER 26, 1993 be brought forward as the second priority; and, the Fisher-Hallman Road projects be brought forward as the third priority, under this program. That an all-way stop control be installed at the intersection of Chestnut Street at Mansion Street, and further, That the Uniform Traffic By-law be amended accordingly. PUBLIC WORKS AND TRANSPORTATION COMMITTEE OCTOBER 26, 1993 That an all-way stop control be installed at Bechtel Drive at Doon Village Road, and further, That the Uniform Traffic By-law be amended accordingly, and further, That the Waterloo Regional Police Services be requested to continue to enforce the 40 km/h speed limit on Doon Village Road, and further, That no action be taken on the request for all-way stops at Oregon Drive and Wilfong Drive at Doon Village Road. That, effective September 1, 1993, the natural gas rates as approved by the Ontario Energy Board be implemented, and further, That the retroactive adjustment, as approved by the Ontario Energy Board, be applied to future natural gas consumption for all general service customers, not to exceed April 1, 1994, subject to review and report by the Commissioner of Finance, and further, That the retroactive adjustments for all contract rate customers be applied at the next billing month. That automatic meter reading technology be approved, in principle, for system-wide implementation in both the gas and water utilities, subject to the implementation of such a system being fully considered as part of the Capital Budget deliberations, and further, That, subject to Capital Budget approval, an implementation strategy be developed and approved by the Public Works and Transportation Committee. COMMITTEE OF THE WHOLE MINUTES OCTOBER 26, 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 .Licence It was resolved: "That the City of Kitchener has no objection to a Provincial Raffle Licence being granted to the Knights of Columbus Father Funcken Council No. 1504 to conduct a Raffle Lottery in the City of Kitchener with monthly draws commencing March 15, 1994 and ending February 21, 1995." 2. Encroachment Aqreement - 650 Kinq Street East - CENTRE WARD This item was dealt with under delegations. 3. Licence - Monte Carlo Event - Resurrection Catholic Secondary School It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Resurrection Catholic Secondary School, 455 University Avenue, Kitchener, to conduct a Monte Carlo event in their school's cafeteria on December 8, 1993." 4.Applications for Cancellation, Refund, Reduction or Levy of Taxes - October 26, 1993 Hearinq It was resolved: "That the applications attached hereto and forming part of these minutes relative to cancellation, reduction, refund or levy of taxes be disposed of as recommended therein."