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HomeMy WebLinkAboutCouncil Minutes - 1993-09-27COUNCIL\1993-09-27 COUNCIL MINUTES SEPTEMBER 27, 1993 The Council of the Corporation of the City of Kitchener met this date for the first time in the Council Chambers of the new City Hall with all members present. The meeting commenced with the singing of the National Anthem by Ms. Yvonne Jarsch. Councillor C. Zehr advised that he was absent from the August 23 Council meeting and that he wished to disclose a pecuniary interest and to be recorded as abstaining with regard to Item No. 427 of the Tax Adjustment Summary, being an application by Stirling Holdings Limited with respect to property at 720 King Street East. On motion by Councillor M. Yantzi, the minutes of the regular meeting held on August 23, 1993, as mailed to the Members and the addition requested by Councillor C. Zehr, were accepted. A. Communications referred directly to file (1) Letters from the Cities of Nepean and Vaughan, supporting Council's resolution condemning racist organizations, etc. Letter from the City of Brampton advising of the existence of a Standing Committee under Brampton Race Relations Action Council on racist organizations. Letter from the City of Burlington, advising that it had filed Council's resolution relative to this matter. Councillor M. Wagner advised that Mr. Willi Ristau, President of the German Canadian Business and Professional Association would appear as a delegation supported by 50 members of the association to present two bronze plaques to the City. He noted that the plaques were dedicated to the municipality's first and second City Halls. Mr. Ristau congratulated Council for its efforts to bring about design, construction and completion of the new City Hall. In particular, he singled out the rotunda area for its uniqueness and the naming of the tower as Berlin Tower in recognition of the German heritage aspect of the community. Mr. Ristau indicated that on behalf of the association he was presenting two bronze plaques that commemorate the activities of the German community in the municipality's past, present and future. Also, he requested that the City pursue twinning with a City in Germany. Mayor D.V. Cardillo and Mr. W. Ristau then unveiled each of the plaques being presented this date. The inscription on the plaque dedicated to the City Hall torn down in 1973 was read by Mayor D.V. Cardillo and the inscription on the plaque dedicated to the municipality's first City Hall was read by Councillor M. Wagner who noted that the plaques have great significance and give the community a sense of its past. Mr. Brian Page appeared as a delegation on behalf of the Urban Design Awards Committee and advised that in connection with the fourth Urban Design Awards Program, 33 entries had been received and judged by the Selection Committee to determine the finalists for review by the Judging Committee. A video of the logo for the Awards Program was displayed and Mr. Page proceeded to describe the design and its intent. He then called on Councillor J. Ziegler, Chairman of the 1993 Urban Design Awards Committee. Councillor J. Ziegler identified the members of the Judging Committee. A video of the projects of the ten finalists for the design awards was then shown, following which Councillor Ziegler presented the following awards to the owners, architect, landscape architect and general contractor for: Linden Manor - First Award of Excellence Queen's Heights Condominium - Second Award of Excellence Deer Ridge Golf Clubhouse - Award of Merit. During the presentations, a more detailed video of each project was displayed. Councillor Ziegler advised that the award program would be conducted every two years. On behalf of City Council, Mayor D.V. Cardillo and Councillors G. Lorentz, M. Yantzi, M. Wagner and C. Zehr presented Awards of Merit and Certificates of Service to the following individuals this date, many of whom were present to receive their COUNCIL M/NUTES - 493 - SEPTEMBER 27, 1993 Award/Certificate: AWARDS OF MERIT CERTIFICATES OF SERVICE Bruce McKay Ety Economova Donald Lasso Robert N. Wagner Harry Dietrich Nelson Stead Veronica Kerr Dr. Frank H. Morgan Carl A. Hennigar Cliford Wilson Fred Hasen James Balsillie Peter Benninger Steve Bongelli Ward J.C Hymmen Ted Mavor John McAIlister Alex Murray Paul Pink Ernie Ginsler Stephen Harris John English J. Gib White F.W. (Bill) Lehman Dan Beach Jim Nelson Peter Hayes Walter McLeod Stephanie Barber Sandra Cragg Eric Haldenby Lynda J. O'Krafka Scott Morgan Gil Zurbrigg Jim Grandy Richard D. Christy Mayor D.V. Cardillo presented mementoes of the City's appreciation to key personnel of Kuwabara Payne McKenna Blumberg involved in the architectural design and construction of the new City Hall, as follows: Bruce Kuwabara Marianne McKenna Shirley Blumberg Tom Payne Howard Sutcliffe Judy Taylor Karen Petrachenko Luigi LaRocca David Pontarini John Allen Evan Webber Mike Poitras Mitchell Hall Bill Colaco Mr. Bruce Kuwabara on behalf of all of his staff, expressed his appreciation for the opportunity to work with the City of Kitchener in constructing its new City Hall. Mayor D.V. Cardillo presented a prize package to Mrs. Thea Funk who was the winner of the "Name the Landmark" contest which appeared in the new City Hall Commemorative Magazine. Mayor Cardillo expressed appreciation to all those who participated in the contest. Ms. Jayne Matzeg appeared as a delegation on behalf of the Safer Community Group of Victoria Hills to present an approximate 25 foot banner to Mayor D.V. Cardillo and Councillor C. Weylie in connection with National Night Out activities held on August 3, 1993. The banner illustrates the symbolic joining of hands to promote a safer neighbourhood. Ms. Debbie Solanen appeared as a delegation on behalf of the K-W Junior Chamber of Commerce Jays- Cees and introduced Mr. Steve Burek who is currently President of Jays-Cees. The delegation advised that their purpose was to present a cheque for $15,000 as final payment toward a $50,000 commitment for the Huron Natural Area Co-op Project. Mayor D.V. Cardillo thanked them for their contribution and also acknowledged the participation of City staff in this effort to preserve and protect the Natural Area. Councillor T. Galloway commented that as a result of funding from the Jays-Cees a geomatic study was completed which assisted the City in its acquisition of an additional eleven (11) acres of land for the Natural Area. Mayor D.V. Cardillo presented a Certificate to Messrs. Steve Tabar and Paul Reidel, as representatives of the Inter County Baseball Association in regard to the 75th Anniversary of continual operation of baseball in the Province of Ontario. The delegation expressed appreciation for the support the City of Kitchener has given to baseball that has facilitated player development. In this regard, he noted that a Midget "A" Team from the City of Kitchener had recently won the 1993 Canadian Championship in a tournament held in Prince Edward Island. Ms. Linda Umbach and Cheryl Seaborn were registered as a delegation to request that Halloween be observed on Saturday, October 30 rather than on Sunday, October 31. Councillor G. Leadston introduced their concern and noted that in 1982 City Council by resolution had authorized such a change. Without itemizing them, Councillor Leadston suggested that there were several reasons that support the requested change. COUNCIL M/NIYFES - 494 - SEPTEMBER 27, 1993 Moved by Councillor G. Leadston Seconded by Councillor J. Ziegler WHEREAS this municipality returns to Eastern Standard Time at 12:01 a.m. on Sunday, October 31, we recommend that Halloween be observed on Saturday, October 30 and that notice to this effect be placed by the Cities of Kitchener and Waterloo in a joint advertisement in the K-W Record. Carried. Mr. Mark Schumacher, Flynn & Sorbara, Barristers, appeared as a delegation on behalf of the applicant of Condominium Conversion Application CD.93/002 to support clause 8 of the report of the Planning & Economic Development Committee of this date. Moved by Councillor J. Ziegler Seconded by Councillor C. Weylie That clause 8 of the report of the Planning and Economic Development Committee of this date be adopted. Carried. Messrs. Mario and Erwin Radovic appeared as a delegation in support of clause 9 of the report of the Planning and Economic Development Committee of this date. Moved by Councillor J. Ziegler Seconded by Councillor C. Weylie That clause 9 of the Planning and Economic Development Committee report of this date be adopted. Carried. Mr. Bill Dahms of Sims, Clement, Eastman, appeared as a delegation to speak to the possibility of an Interim Control By-law affecting property owned by High Street Construction Limited. Mr. B. Stanley distributed Planning Development Staff Report PD.103/93 dated September 23, 1993 dealing with an Interim Control By-law for the Huron Community Plan. It was recommended that City Council pass an Interim Control By-law affecting lands within the Huron Community Plan that would provide for a temporary prohibition of land uses incompatible with the proposed Huron Environmental Area. Councillor T. Galloway noted that one of the recommendations of the Huron Natural Area Study was to acquire additional lands but that such action would require Council to deal with lands around the perimeter of the Natural Area and the School Board was reluctant to be involved if any nearby noxious uses would affect the Natural Area. He noted that the Kitchener Asphalt Limited paving use was a concern and that the objective was to find land uses that would complement the area and accordingly, an Interim Control By-law has been proposed. Moved by Councillor T. Galloway Seconded by Councillor J. Ziegler That Kitchener City Council pass an Interim Control By-law covering the undeveloped lands zoned B-1 (Business Park) in Huron Business Park for a period of one year, to allow only Parks, Open Space and those uses permitted in the B-2 (Restricted Business Park) Zone as listed in Section 24.1 and 24.2 of By-law 85-1. Mr. B. Stanley explained that an Interim Control By-law does not require notice under the Planning Act and the purpose of the by-law was to replace B-1 uses with more restricted B-2 zoning uses. He reviewed the history of the matter and noted that in 1990 staff prepared a report which directed they undertake a full land use review within the Huron Natural Area. It was noted that one of the requirements was that the Natural Area must be sustainable for a very long period of time and that current B-1 Zoning provides for full manufacturing uses, many of which are incompatible with the preservation of the Natural Area. The Interim Control By-law will prevent any industrial use from going in while studies are being completed and delete some twelve industrial uses from the B-1 Zone. COUNCIL M/NUTES - 495 - SEPTEMBER 27, 1993 Councillor J. Ziegler questioned why this matter was not brought to the Planning and Economic Development Committee for consideration. In response, Mr. B. Stanley advised that almost all have gone directly to City Council and that the recourse for appeal was through the Ontario Municipal Board. In response to Councillor M. Wagner, Mr. Stanley advised that the Staff Report was only concluded and distributed this date. Mr. T. McKay advised that the reason that the by-law must be dealt with without notice and urgently, was that if it was known in advance that the matter was going to be considered, application could have been made for a building permit and officials would have had to issue it. Mr. B. Dahms appeared as a delegation on behalf of Kitchener Asphalt Limited and advised that the President of the firm was also in attendance. He noted that the firm operates a hot mix asphalt business at the end of Trillium Drive and that the firm wishes to acquire certain lands of High Street Developments for its operations and requests that Council defer consideration of the Interim Control By-law. He noted that the site was important to Kitchener Asphalt Limited because it was the maximum distance that hot mix asphalt can be transported in order to operate in the City of Kitchener. He asked that the by-law be deferred for several weeks so as to allow for detailed discussions with staff on the possible relocation of Kitchener Asphalt. In response to Councillor G. Lorentz, he advised that the firm had 10 or 12 employees and had been located three years at the present site. Mr. T. McKay advised that Kitchener Asphalt would be able to remain on the present site and that the staff did not want them moving to a new site and building a permanent installation that could impact on the Huron Park Natural Area. Councillor J. Ziegler questioned if an exception could be considered in the case of Kitchener Asphalt and Mr. J. Wallace, City Solicitor, advised that any exceptions would prejudge the Study that was proposed to be undertaken. Councillor T. Galloway commented that if Council did not pass the by-law, it risks losing its partner in the Huron Natural Park. Mr. Shawn Coombs, Gowling, Strathy & Henderson, appeared as a delegation representing the Toronto- Dominion Bank as its solicitor. He noted that a portion of the lands in the area were purchased by the City of Kitchener in July 1993 and that the bank was currently in negotiation with Kitchener Asphalt Limited relative to other lands. He advised that enactment of the Interim Control By-law would prejudice their negotiations with Kitchener Asphalt Limited and that he was opposed to passing of the by-law and required sufficient time to make proper submissions respecting the entire matter. Councillor T. Galloway questioned what assurances Mr. Coombs could give if the matter was deferred that in the next few weeks none of the contrary uses would proceed. Mr. Coombs advised that negotiations would deal with current uses and what negative effects they have and that he would also like an opportunity to present other information for discussion with staff. The motion of Councillor T. Galloway that Council pass an Interim Control By-law was put to a vote and Carried. Mr. R. Hardie, Richard A. Hardie & Associates Inc., appeared as a delegation with regard to a proposed development on Old Country Drive. Councillor J. Ziegler advised that Mr. Hardie's request was for exemption from City Council's 1991 resolution pertaining to Residential Intensification wherein a maximum of 50% of a new subdivision was required to be zoned to allow for a second dwelling unit for all single attached dwellings. Councillor Ziegler noted that the proposed development was only 15 small lot single family/semi-detached dwellings within a built up area. Mr. Hardie commented that the zoning would permit singles or semi-detached on small lots and that duplexing was not appropriate in this case and accordingly, he requested exemption from Council's 1991 policy. Councillor M. Yantzi questioned what the urgency was and Mr. Hardie advised that he was instructed by staff that the matter should be quickly resolved so as to include any references on Zone Change letters that would be circulated. Mr. T. McCabe commented on Council's 1991 Policy requiring 50% of lots in new subdivisions to be intensified and pointed out that staff were not in a position to circulate notice because Council's policy was not being followed by the applicant. Councillor Ziegler commented that the subdivision itself should be considered intensified already. Councillor C. Zehr questioned if because of the small size of the lots, staff feel the subdivision meets the intent of Council's policy. Mr. T. McCabe responded that in his opinion it would meet the intent since the single detached lots were less than 30 feet and the subdivision also included semi-detached at two units on a 60 foot lot which, in combination, would be similar to density for duplexes. COUNCIL M/NIYFES - 496 - SEPTEMBER 27, 1993 Moved by Councillor B. Stortz Seconded by Councillor M. Wagner That the request of Mr. R. Hardie for exemption from Council's Intensification Policy approved October 15, 1991 with respect to new subdivisions be referred to the October 4 meeting of the Planning and Economic Development Committee for consideration. MOTION LOST. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz That the request of Mr. Richard A. Hardie for exemption from Council's October 15, 1991 Intensification Policy, be approved with respect to a proposed small lot residential development on Part 2, Block 293 Registered Plan 1349, Old Country Drive. A recorded vote was requested. In Favour: Mayor D.V. Cardillo and Councillors J. Ziegler, T. Galloway, G. Leadston, C. Zehr and G. Lorentz. Contra: Councillors C. Weylie, M. Yantzi, J. Smola, B. Stortz and M. Wagner. 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. Councillor M. Wagner advised that he was opposed to clause 4 and that he would vote against the Committee recommendation in order to encourage preservation as it was his view it was unnecessary to demolish buildings in order to bring about redevelopment. Further, he advised the Committee that the vacant lots provided the City with only $5,600 in revenue whereas if the houses had remained, they would have produced over $10,000 in revenue. Councillor M. Wagner then referred to clause 10 of the report and requested clarification on the question of maintenance of Pinnacle Drive to a rural standard. He requested that everything possible be done to maintain the scenic road in a rural nature and that every option be followed to provide for this. Mr. T. McCabe confirmed staff's intent to maintain Pinnacle Drive as a rural road. Councillor T. Galloway referred to clause 5 of the report and the comments that were made at the meeting of the Planning and Economic Development Committee by a Planning Consultant concerning the lack of involvement in the planning process of a president of one of the neighbourhood associations. He stated that he strongly objected to the comments and suggested that City Council should express its concern in this matter. No support was forthcoming from Members of Council respecting Councillor Galloway's suggestion. The report was then put to a vote. Voted on clause by clause. Clauses 8 & 9 - Dealt with under delegations and Carried. Balance of report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor B. Stortz That the report of the Community Services Committee of this date be adopted. Councillor J. Ziegler referred to clause 4 of the report and pointed out that Council was still awaiting a report from staff on how Noise Infractions would be dealt with and questioned when the report would be considered. Mr. J. Wallace advised that the report would be considered at the next Committee meeting. COUNCIL M/NUTES - 497 - SEPTEMBER 27, 1993 In regard to clause 3 of the report, Councillor G. Lorentz pointed out that the owner of 56 Thornridge Crescent wishes a tree removed, but that the Committee had recommended no action. He indicated that he had asked Members of Council to each inspect the site before Council dealt with this matter. Councillor Lorentz requested that staff work with the homeowner to provide whatever assistance they can if Council does not approve removal of the tree. The report was then put to a vote and Carried. Councillor C. Zehr referred to a recent incident in Woodland Cemetery and noted that 106 people from surrounding streets had signed a petition requesting that the City enforce its by-law to restrict access to the cemetery after dusk. He acknowledged that staff were preparing a report for consideration at the October 4 Community Services Committee meeting but also pointed out that the residents have scheduled a meeting for October 6 to discuss issues of concern respecting this matter. Moved by Councillor C. Zehr Seconded by Councillor G. Lorentz That the report of the Finance and Administration Committee of this date be adopted. Councillor G. Lorentz referred to clause 13 of the report and requested that any candidate running in the Federal Election abide by local by-laws with regard to the placement of their campaign signs. Councillor M. Wagner commented that it was often the actions of over-zealous supporters that result in complaints. Councillor J. Ziegler pointed out that the Supreme Court has struck down provisions of local by-laws where they apply to campaign signs on public property. Nevertheless, Councillor B. Stortz requested that candidates respect the spirit of local municipal by-laws. On motion by Councillor C. Zehr, Seconded by Councillor G. Lorentz, it was agreed to add an additional clause numbered as 14 to the Committee report dealing with the issuance of debentures for Transit Projects. The report was then put to a vote and Carried. Moved by Councillor M. Wagner Seconded by Councillor M. Yantzi That the report of the Local Architectural Conservation Advisory Committee of this date be adopted. Carried. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz That the report of the Public Works and Transportation Committee of this date be adopted. Carried. Mayor D.V. Cardillo requested that staff consider installation of a notification button in the Council Chambers that would indicate those members of Council who wish to speak on a matter under discussion at any given time. Mr. T. McKay advised that staff would investigate the matter and report at a future meeting of the City Hall Steering Committee. At the request of Mr. R.W. Pritchard, Council concurred to the addition of an additional by-law for three readings this date dealing with Interim Control in the Huron Community Plan. Moved by Councillor B. Stortz Seconded Councillor C. Weylie That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement (b) Being a by-law to provide for the widening of part of Church Street as a public highway in the City of Kitchener COUNCIL M/NIYFES - 498 - SEPTEMBER 27, 1993 (c) Being a by-law to amend By-law 4830 known as the Zoning By-law - B. Kaufman and R. Gillespie - Pandora Avenue North - No. 921011PNL (d) 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 (e) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (f) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (g) Being a by-law to amend By-law 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 (h) 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 (i) Being a by-law to close King Street to vehicular traffic on a temporary basis for social, recreational, community or athletic purposes (J) Being a by-law to close Tilt Drive and a portion of Groh Drive and Stauffer Drive to vehicular traffic on a temporary basis for social, recreational, community or athletic purposes (k) Being a by-law to exempt a certain lot from Part Lot Control - Part of Lot 33, Registered Plan 775 - Grulke Street (I) To confirm all actions and proceedings of the Council (m) Being a by-law to appoint an Acting Mayor (n) Being an Interim Control By-law 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 M. Yantzi as Chairman. On motion, the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the Chair. Moved by Councillor M. Yantzi 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. Moved by Councillor B. Stortz Seconded by Councillor C. Weylie That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to close and retain part of a public highway known as Glasgow Street in the City of Kitchener (By-law No. 93-178) COUNCIL M/NIYFES - 499 - SEPTEMBER 27, 1993 (b) (c) (d) (e) (f) (g) (h) (i) (J) (k) (i) Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement (By-law No. 93-179) Being a by-law to provide for the widening of part of Church Street as a public highway in the City of Kitchener (By-law No. 93-180) Being a by-law to amend By-law 4830 known as the Zoning By-law - B. Kaufman and R. Gillespie - Pandora Avenue North - No. 921011PNL (By-law No. 93-181 ) 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. 93-182) 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. 93-183) 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. 93-184) 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 (By-law No. 93-185) 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. 93-186) Being a by-law to close King Street to vehicular traffic on a temporary basis for social, recreational, community or athletic purposes Being a by-law to close Tilt Drive and a portion of Groh vehicular traffic on a temporary basis for social, recreational, purposes (By-law No. 93-187) Drive and Stauffer Drive to community or athletic (By-law No. 93-188) Being a by-law to exempt a certain lot from Part Lot Control - Part of Lot 33, Registered Plan 775 - Grulke Street (By-law No. 93-189) (m) To confirm all actions and proceedings of the Council (By-law No. 93-190) COUNCIL M/NUTES - 500 - SEPTEMBER 27, 1993 (n) Being a by-law to appoint an Acting Mayor (o) Being an Interim Control By-law be taken as read a third time, be finally passed and numbered serially by the Clerk. (By-law No. 93-191 ) (By-law No. 93-192) Carried. On motion, the meeting adjourned. Mayor Clerk COUNCIL M/NUTES - 501 - SEPTEMBER 27, 1993 REPORTS ADOPTED BY COUNCIL - SEPTEMBER 27, 1993 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE That, Planning and Economic Development Committee recommend acceptance of Official Plan Amendment Application 93/9, Holding Provisions for Environmental Remediation and Clean-up, for processing with the clear understanding that processing in no way implies acceptance or rejection of this application. And further, that the requirement for preliminary circulation of the application be waived. 1) That Kitchener City Council advise the Regional Municipality of Waterloo of the City's intent to fully service all lands in the Grand River South Community on the east side of the City of Kitchener to the extent of the residual capacity of the Ottawa/Montgomery Sanitary Sewage system. 2) That staff be directed to process an Amendment to the Kitchener Official Plan to redesignate the lands on the east side of the City adjacent to the Grand River from Estate Residential to Low Density Residential. 3) That staff be directed to undertake revisions to the Grand River South Community Plan. The basis of the change is to redesignate the Estate Residential lands to allow fully serviced residential development and associated land uses. That the Regional Municipality of Waterloo be advised that the City of Kitchener fully supports its Interim Guidelines document for the development of communal wastewater treatment systems. That for the properties located at 530 and 540 Queen St. S., legally described as Lots 74 & 75, Subdivision Lot 17 of the German Company Tract, Council grant a one year extension of the penalty provision associated with the Demolition Control By-law subject to the following conditions: a) The Owners agree to grade the lots to the satisfaction of the Chief Building Inspector and maintain the lots to property standards. b) The Owners agree to remove all noxious weeds and maintain the property to lot maintenance standards. That Council reaffirm their resolution of January 25, 1993 regarding the processing of Official Plan Amendment Application 92/21 (Pioneer Tower West). Further, that the draft report be circulated for comment to the Pinegrove Community Association and to the Grand Hill Community Association, prior to preparation of the final report for consideration by the Planning and Economic Development Committee. And further, that within the staff report, staff be directed to identify the positive and negative aspects of development alternatives and densities and incorporate the views of the community into the report. That with respect to Condominium Conversion Application CD 93/001, Council approve an Agreement under Section 12(1) of the Rental Housing Protection Act, which shall be executed and registered against the title to the lands at 81 Eagen Drive as part of any subsequent condominium agreement. The Agreement shall provide as follows: a) The Owners agree to supply the City's Housing Division with a list of the names and addresses of all the tenants who occupy the residential units which now exist upon the subject lands, hereinafter called the "Existing Units", as of the date of Council's approval of this Agreement under the Rental Housing Protection Act. Further, the Owner shall supply the City's Housing Division with the names and addresses of any new tenant who COUNCIL ~VHNUTES commences to occupy an PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 502- SEPTEMBER 27, 1993 SEPTEMBER 27, 1993 6. (Cont'd) Existing Unit between the date of Council's approval of the Agreement and the date of registration of the final plan of condominium. All tenants referred to above are hereinafter called "the Tenants". b) The Owners agree to give notice to the Tenants of their rights under the terms or the Agreement, within 30 days following the date of registration of the final plan of condominium, by providing them with a copy of this agreement and by filing proof of notification with the City's Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by the Tenant as acknowledgement of receipt. c) The Owners agree that, in the event a Tenant wishes to continue to rent and occupy his or her Existing Unit, or to rent it until such time as he or she might exercise his or her right to purchase, the following conditions apply: The Tenant shall be entitled to continue to rent the unit which he or she is currently renting and occupying, or an equivalent unit, for a period of up to five years following the date of registration of the final plan of condominium (hereinafter called the "Five Year Rental Period"). Throughout the Five Year Rental Period, the applicable rent for a given unit shall not exceed the lawful maximum rent which could be charged for that rental unit under the Residential Rent Regulation Act, R.S.S. 1990, c. R.29, as amended (hereinafter called the "RRR Act") and any increases to that rent throughout the Five Year Rental Period shall be subject to the RRR Act. At the Tenant's discretion, the Owners and Tenant shall enter into a lease, leases, renewal or renewals for all or part of the Five Year Rental Period for such term or terms as is agreed to from time to time by the Tenant and the Owners, provided that the total term thereof does not exceed the Five Year Rental Period. The Owners agree to supply the City's Housing Division with an executed copy of the lease, and any subsequent renewals thereof during this five year period. d) The Owners shall provide the Tenant or Tenants occupying an Existing Unit with the right of first refusal to purchase it during the Five Year Rental Period. If, at any time during the Five Year Rental Period, the Owners receive a bona fide, arms length offer to purchase an Existing Unit which the Owners are willing to accept and if the Tenant or Tenants of such unit have not waived their rights of first refusal to purchase, the Owners shall notify the Tenant or Tenants of such unit by providing them with a true copy of the offer to purchase and the Tenant or Tenants shall have the right, during the thirty days immediately following the receipt thereof, to purchase the unit by delivering to the Owners a signed offer to purchase for the price and upon the terms and conditions contained in the original offer, which the Owners shall accept immediately. The Owners shall provide proof of notification to the City's Housing Division, either by a sworn affidavit or service or by a copy of the original offer to purchase signed by the Tenant as acknowledgement of receipt. If the Tenant or Tenants do not deliver an offer to purchase to the Owners within thirty days, the Tenant or Tenants shall be deemed not to have exercised the right of first refusal, and the Owners may accept the original offer to purchase. If for any reason the Tenant or Tenants do not exercise the right of first refusal and the Owners do not complete the offer to purchase which had been received, the right of first refusal of the Tenant or Tenants shall continue in effect. e) PLANNING The Owners agree to engage the services of a qualified independent consultant to conduct a building audit to establish the physical condition of the structure, prior to draft approval of any plan of condominium on the lands, and to file the results of the building audit with the City of Kitchener Planning Department. The owner shall correct, to the satisfaction of the Chief Building Official, AND ECONOMIC SEPTEMBER 27, 1993 COUNCIL M/NUTES - 503 - SEPTEMBER 27, 1993 DEVELOPMENT COMMITTEE 6. (Cont'd) any health and safety deficiencies uncovered in the audit which relate to the Building Code and the City's Property Standards By-law and, upon correction, the City's Chief Building Official will notify the Owners in writing that the deficiencies have been corrected to his satisfaction. f) Prior to the sale of any of the Existing Units, the owners shall notify potential purchasers that the results of the building audit are available for their consideration. That with respect to Condominium Severance Application SE 92/001, Council approve an Agreement under Section 12(1) of the Rental Housing Protection Act, which shall be executed and registered against the title to the lands at 11 and 13 Gildner Street, prior to the endorsement of any severance documents for this property by the Secretary Treasurer of the Committee of Adjustment. The Agreement shall provide as follows: a) That the three rental apartments (the Apartments) now existing at 11 and 13 Gildner Street shall continue to be used as rental residential units for a period of five years from the date of endorsement of the severance document for this property. b) That the Owner(s) of the lands at 11 and 13 Gildner Street shall not eliminate, remove or otherwise change the use of any of the Apartments through demolition or conversion during the period stated above, except by order of the City of Kitchener or its Officials. c) The Owner(s) shall provide a copy of this agreement to all tenants occupying the Apartments as of the date of execution of this Agreement, and shall provide proof of notification by way of an affidavit filed with the City's Housing Division or by filing a copy of the agreement signed by all the tenants acknowledging receipt. d) That during the five year term of this Agreement, the Owner(s) shall provide a copy of this Agreement to each new tenant of any of the Apartments, on or before the date on which tenants begin renting any of the Apartments, and shall provide proof of notification by filing a copy of the agreement signed by the tenant acknowledging receipt with the City's Housing Division. That with respect to Condominium Conversion Application CD 93/002, Council approve an Agreement under Section 12(1) of the Rental Housing Protection Act, which shall be executed and registered against the title to the lands at 175 Siebert Avenue as part of any subsequent condominium agreement. The Agreement shall provide as follows: a) The Owners agree to supply the City's Housing Division with a list of the names and addresses of all the tenants who occupy the residential units which now exist upon the subject lands, hereinafter called the "Existing Units", as of the date of City Council's approval of this Agreement under the Rental Housing Protection Act. Further, the Owners shall supply the City's Housing Division with the names and addresses of any new tenant who commences to occupy an Existing Unit between the date of City Council's approval of the Agreement and the date of registration of the final plan of condominium. All tenants referred to above are hereinafter called "the Tenants". b) The Owners shall give notice to the Tenants of their rights under the terms or the Agreement, within 30 days following the date of registration of the final plan of condominium, by providing them with a copy of this agreement and by filing proof of notification with the City's Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by the Tenant as acknowledgement of receipt. c) The Owners agree that, in the event a Tenant wishes to continue to rent and occupy his or her Existing Unit, or to rent it until such time as he or she might exercise his or her right to purchase, the following conditions apply: PLANNING AND ECONOMIC SEPTEMBER 27, 1993 COUNCIL M/NUTES - 504 - SEPTEMBER 27, 1993 DEVELOPMENT COMMITTEE 8. (Cont'd) The Tenant shall be entitled to continue to rent the unit which he or she is currently renting and occupying, or an equivalent unit, for a period of up to three years following the date of registration of the final plan of condominium (hereinafter called the "Three Year Rental Period"). Throughout the Three Year Rental Period, the applicable rent for a given unit shall not exceed the lawful maximum rent which could be charged for that rental unit under the Residential Rent Regulation Act, R.S.S. 1990, c. R.29, as amended (hereinafter called the "RRR Act") and any increases to that rent throughout the Three Year Rental Period shall be subject to the RRR Act. At the Tenant's discretion, the Owners and Tenant shall enter into a lease, leases, renewal or renewals for all or part of the Three Year Rental Period for such term or terms as is agreed to from time to time by the Tenant and the Owners, provided that the total term thereof does not exceed the Three Year Rental Period. The Owners agree to supply the City's Housing Division with an executed copy of the lease, and any subsequent renewals thereof during this three year period. d) The Owners shall provide the Tenant or Tenants occupying an Existing Unit with the right of first refusal to purchase it during the Three Year Rental Period. If, at any time during the Three Year Rental Period, the Owners receive a bona fide, arms length offer to purchase an Existing Unit which the Owners are willing to accept and if the Tenant or Tenants of such unit have not waived their rights of first refusal to purchase, the Owners shall notify the Tenant or Tenants of such unit by providing them with a true copy of the offer to purchase and the Tenant or Tenants shall have the right, during the thirty days immediately following the receipt thereof, to purchase the unit by delivering to the Owners a signed offer to purchase for the price and upon the terms and conditions contained in the original offer, which the Owners shall accept immediately. The Owners shall provide proof of notification to the City's Housing Division, either by a sworn affidavit of service or by a copy of the original offer to purchase signed by the Tenant as acknowledgement of receipt. If the Tenant or Tenants do not deliver an offer to purchase to the Owners within the thirty days, the Tenant or Tenants shall be deemed not to have exercised the right of first refusal, and the Owners may accept the original offer to purchase. If for any reason the Tenant or Tenants do not exercise the right of first refusal and the Owners do not complete the offer to purchase which had been received, the right of first refusal of the Tenant or Tenants shall continue in effect. (DEALT WITH UNDER DELEGATIONS AND CARRIED) That Zone Change Application 92/17ANNL (Mario and Ana Radovic) requesting a change in zoning from Semi-Restricted Residential (R2B) to Semi-Restricted Residential (R2) with special regulations on Lot 118 and Part of Lots 119 and 120, Registered Plan 765, be approved in the form shown in the proposed By-law attached, dated August 9, 1993, subject to the following conditions being satisfied prior to any readings of the By-law by Council. That the properties known municipally as 42 and 50 Wilfred Avenue be registered in the same title, to ensure the continuance of mutual access and required parking. That the Owners receive site plan approval, from the Commissioner of Planning and Development and submit a Letter of Credit for required site works. Site Plan Approval shall be conditional upon final approval of the Zoning By-law. The Owners acknowledges that Conditions 1 and 2 are required to be satisfied no later than seven (7) months from Council having approved the amending zoning by-law relative to the Zone Change Application 92/17ANNL. In the event these requirements are not fulfilled within the seven month period, Council shall consider rescinding its zone change approval. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE SEPTEMBER 27, 1993 COUNCIL M/NUTES - 505 - SEPTEMBER 27, 1993 9. (Cont'd) It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with the City's Approved Official Plan. (DEALT WITH UNDER DELEGATIONS AND CARRIED) 10. A) That Map 1 dated August, 1993 of the Doon South Community Plan Consolidation dated January 19, 1989 be revised to reflect the proposed subdivision plan and a northerly shift of the collector road and that a portion of the plan be deferred pending a detailed review of the sanitary sewer servicing limits in conjunction with the Doon Creek Subwatershed Study findings and necessary future revisions to the land use designations of the Doon South Community Plan as shown on Map 1, dated revised September 1993. It is the opinion of this Committee that the approval of this revision to the Community Plan is proper planning for the City. B) That Zone Change Application 90/40/P/ZJ (Monarch Construction Limited) requesting a change in zoning from Agricultural (A) according to Township of Waterloo By-law 878A to Restricted Residential (R2A), Semi-Restricted Residential (R2B), Semi-Restricted Residential (R2C) with special regulations and Park, Public Open Space (P) according to By- law 4830 on Part of Lot 8, Beasley's Old Survey and Part of Biehn's Unnumbered Tract, in the form shown in the "Proposed By-law" attached dated August 30, 1993 be approved, subject to the Subdivision Agreement conditions contained herein in C) below. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with the City's Approved Official Plan. c) That Subdivision Application 30T-90029 (Monarch Construction Limited) be recommended to the Regional Municipality 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 in the attached Plan of Subdivision and that the following 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 09 02, 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 City's Commissioner of Public Works, in consultation with the Department of Parks and Recreation, the Grand River Conservation Authority and the Regional Municipality of Waterloo, prior to registration of the plan of subdivision. The Subdivider agrees that provision for Community Trails to the satisfaction of the City's Department of Parks and Recreation shall be included on the Grading and Drainage Control Plan. 53. To submit for the approval of the City's Commissioner of Public Works in consultation with the Department of Parks and Recreation and the Grand River Conservation Authority, a detailed engineering design for storm water management in accordance with the approved concept plan. Further, the Subdivider agrees to include temporary storm water management facilities within Block 140 as part of the approved design. Said engineering design shall include provision for any required erosion and siltation control features to be installed both during and after grading and construction stages. The Subdivider further agrees to implement all required measures as outlined in the approved final design. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE 10. (Cont'd) SEPTEMBER 27, 1993 54. To construct 1.5 metre wide concrete sidewalks along the following streets to the COUNCIL M/NUTES - 506 - SEPTEMBER 27, 1993 satisfaction of the City's Department of Public Works: a) along both sides of Windrush Trail, Street A, B, E and F; b) along the northerly side of Street C between Street A to Walkway Block 147 and along the southerly side of Street C across the flankages of Lots 93 and 94; and c) along the southerly side of Street D from Street A to Walkway Block 144 and along the northerly side of Street D across the flankages of Lots 86 and 102. 55. That the street names within the Plan of Subdivision shall be approved by City Council prior to registration of the Plan of Subdivision. 56. To convey to the City of Kitchener the following lands for the purposes stated therein, at no cost and free of encumbrance, concurrently with the registration of the Subdivision Plan: a) Block 133 for neighbourhood park purposes; b) Blocks 134, 135, 136 and 137 for open space purposes; c) Blocks 142 and 143 for municipal services/drainage purposes; and d) Blocks 150 to 155 inclusive for 0.3 metre reserves. 57. To dedicate by plan registration Walkway Blocks 144 to 147 inclusive and Road Widening Blocks 148 and 149 as "Public Highway". 58. That construction traffic to and from the proposed subdivision shall be restricted to using the temporary road during Phase 1 and Streets A and F during Phases 2, 3 and 4 with construction traffic from all phases proceeding from these roads southerly along Pinnacle Drive to New Dundee Road. All construction traffic shall be prohibited from using other internal residential streets in the community. The Subdivider agrees to advise all relevant contractors, builders and other persons of this requirement and the Subdivider being responsible for any signage where required, all to the satisfaction of the Director of Traffic and Parking Services. 59. To fill, compact and grade in both preliminary and finished form, top soil and seed/sod Block 133 to the satisfaction of the Department of Parks and Recreation. Said works are to be completed in conjunction with the timing of grading of surrounding residential development and not to exceed two years from the registration of the Subdivision Plan or at an alternate time approved in writing by the Department of Parks and Recreation. 60. To upgrade existing Pinnacle Drive immediately abutting the Plan of Subdivision as part of Phase 2 development to the satisfaction of the Department of Public Works. 61. That the extension of Street F through southerly lands to connect to Pinnacle Drive along the final alignment shall be secured by the City for public highway purposes and opened by By-law, if necessary, prior to any building permits being issued in Phase 2. Further, Street F and its connection to Pinnacle Drive shall be completed and open to public vehicular traffic prior to the issuance of building permits in Phase 2. 62. That in consideration of the wooded character of portions of the subdivision lands and the City's desire to minimize the impact of development on certain treed areas worth saving, the Subdivider agrees to comply with the following two step process in the development of the subdivision. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE SEPTEMBER 27, 1993 10. (Cont'd) COUNCIL M/NUTES - 507 - SEPTEMBER 27, 1993 a) Prior to the City releasing the Subdivision Plan for registration, the Subdivider shall submit the proposed Grading Control Plan for the approval of the Commissioner of Parks and Recreation in consultation with the Department of Planning and Development. This approval shall be in addition to the Commissioner of Public Works approval required by Clause 36 of this agreement and the City agrees to coordinate engineering and tree saving objectives between the relevant City Departments in order to reach a satisfactory Grading Control Plan. The plan submitted to the Commissioner of Parks and Recreation shall show: i) Existing and proposed grade elevations. ii) Indication of ground water and surface drainage. iii) Description of soil characteristics. iv) Delineation of "work zones"; being defined as areas to be disturbed due to area/rough grading, cut and fill, installation of roads and services or construction vehicular access. v) Location description of tree protection measures to be implemented around specified work zones. The Subdivider agrees that no work, road construction or any grading within the subdivision shall occur until such time as all measures for the protection of trees affected by such construction or grading have been implemented to the satisfaction of the Department of Planning and Development. vi) Location of proposed stock piles of excavation materials. b) Prior to the Subdivider applying for or being issued a Building Permit for any particular lot containing trees worth saving as shown on the Grading Control Plan approved by the Commissioner of Parks and Recreation, a tree saving/site plan for the particular lot shall be submitted to and approved by the Department of Planning and Development. Said plan(s) shall show: i) Delineation of "work zones"; being defined as areas to be disturbed due to site, final grading, excavation, installation of services or construction vehicular access. ii) Approximate location, size, species and condition of all existing trees greater than 100 DBH which are required within a 6.0 metre ban around the defined work zones. iii) Indication of which trees are to be saved within a 6.0 metre ban around the work zones, such trees being tagged, or similarly identified in the field by the Subdivider. iv) Location and description of tree protection measures to be implemented within each particular lot around work zones. The Subdivider agrees to implement at his cost, approved tree protection measures prior to any site grading, excavation, or construction occurring on the particular lot. v) The location of proposed stock piles of excavation materials. vi) Existing and proposed elevations. vii) Location of proposed stock piles of excavation materials. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE SEPTEMBER 27, 1993 10. (Cont'd) COUNCIL M/NUTES - 508 - SEPTEMBER 27, 1993 c) The Subdivider agrees to develop the subdivision in accordance with all approved plans and agrees that no trees shall be removed from the subdivision lands except those trees approved for removal as shown on the Grading Control Plan approved by the Commissioner of Parks and Recreation or as shown on the approved tree saving/site plan(s) without the permission of the City. Furthermore, the Subdivider agrees to provide the relevant builders and prospective purchasers a copy of the Grading Control Plan approved by the Commissioner of Parks and Recreation and a copy of the approved tree saving/site plan(s) where applicable. 63. To install a permanent 1.2 metre high, paige-wire fence or an alternate marking system to the satisfaction of the City's Department of Parks and Recreation along the flankage and/or rear lot lines of Lots 10 to 31, 33 to 46, 105 to 132 all inclusive where such lot lines abut open space blocks. 64. To construct at its cost a temporary access road from Windrush Trail to Pinnacle Drive as generally outlined on the attached Phasing of Development Plan as part of Phase 1 of the development. Said temporary road shall be constructed to City standards save and except for a concrete sidewalk and shall include temporary street lighting along the temporary road and at its intersections with Windrush Trail and Pinnacle Drive all to the satisfaction of the Commissioner of Public Works. The temporary access road shall be completed and open to public vehicular traffic prior to the issuance of any building permits in Phase 1. Further, the Subdivider agrees to provide an easement to the City of Kitchener for the lands on which the proposed temporary road will be located. The appropriate easement shall be granted to the City prior to registration of the plan of subdivision. The City agrees to quit- claim the easement after completion of the road works for Streets A and F in Phase 2 of the subdivision. 65. That Blocks 139 and 140 be reserved for future development. No building permits shall be issued until the following matters have been addressed: a) the lands have been appropriately zoned and a plan of subdivision or severance of the blocks approved; b) the Blair/Bechtel/Bowman Creek Sub-Water Shed Study has been completed and approved by the City and Grand River Conservation Authority; and c) appropriate servicing for sewage disposal has been determined and approved in accordance with Regional policies. 66. That Block 141 be conveyed to the owner of the abutting easterly property for the purposes of an access route for future residential development within 3 years of registration of the Plan of Subdivision. 67. That subsequent to the registration of the Plan of Subdivision and following the completion of the required access roads to the satisfaction of the Department of Public Works in Phase 1, the City Solicitor shall arrange for the passing of a By-law by Council opening Blocks 145 and 170, Registered Plan 1710 as "Public Highway". 68. That the conveyance of Block 133, 2.27 hectares (5.609 acres) for neighbourhood park purposes for this Plan of Subdivision being 1.14 hectares (2.817 acres) as well as the 1.13 hectare (2.792 acres) park dedication deferred as part of Registered Plan 1710 shall satisfy the park dedication requirement of the Planning Act. 69. The Subdivider agrees to install 1.2 metre high temporary snow fencing along the limits of residential lots and Windrush Trail which abut Blocks 134, 135, 136 and 137. The Subdivider shall be responsible for installing appropriate signs every 45 metres noting PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE SEPTEMBER 27, 1993 10. (Cont'd) that there shall be no dumping in this area; with installation to the satisfaction of the City's COUNCIL M/NUTES - 509 - SEPTEMBER 27, 1993 Director of Development prior to any area grading or building permits being issued. The Subdivider shall be responsible for the removal all material dumped in this area and the temporary fencing shall be removed following completion of all construction within the plan area. 70. That as part of Phase 2 development to make satisfactory arrangements with the Department of Public works for the extension of a watermain from the south for secondary water supply purposes prior to the issuance of any building permits. 71. That Block 138 be reserved for future development. No building permits shall be issued for Block 138 until a determination of appropriate land uses and road extensions have been made following the completion of a detailed study of the Doon South Community Plan revisions/wetlands to the west; appropriate zoning and plan of subdivision/severance have been approved. Further, the Subdivider agrees to provide a temporary turning circle at the end of Windrush Trail within Block 138 as shown on the Phasing of Development Map for transit purposes until a determination has been made for Block 138. 72. That the installation of the sanitary and storm sewers through the Open Space Block 134 from Street A to Pinebrook Hollow shall utilize tunnelling as the preferred construction method and shall be constructed as part of Phase 1. If, for whatever reason this method is found not to be feasible and acceptable in the opinion of the Commissioner of Public Works, then the open cut method may be utilized. It is the opinion of this Committee that the approval of this application is proper planning for the City. D) That the implementing Zoning By-law for Zone Change Application 90/40/P/ZJ (Monarch Construction Limited) will not be presented to City Council until Subdivision Application 30T-90029 has received Regional Draft Approval whereupon the Amending Zoning By-law shall be presented to City Council for all three readings. Alternatively, three readings of the Amending Zoning By-law may be given if the City Clerk is presented with a letter from the Regional Municipality of Waterloo advising that the Region has no objection to the passing of the Zoning By-law in the form shown in the Staff Report PD 85/93. E) That subsequent to receiving conveyance of Block 133, the City Solicitor release from title the auxiliary agreement registered on title pertaining to the deferral of the 5% park dedication under Instrument Number 999356. 11. That the Department of Planning and Development delineate lands designated for Community Trails on all Plans of Subdivision. 12. That Monday, November 29, 1993 at 6:30 p.m. in The Conestoga Room be set as the formal public meeting date to consider 3 new Secondary Plans, 6 Secondary Plan Amendments and Stage 6 of the Comprehensive Zoning By-law as follows: a) b) c) d) Official Plan Amendment 92/14 - King Street East (Areas 1 and 2) Secondary Plan. Official Plan Amendment 88/7 - Mill Courtland Neighbourhood Secondary Plan. Official Plan Amendment 88/9 - North Ward Secondary Plan. Official Plan Amendment 92/15 - Amendment to Cedar Hill Secondary Plan. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE SEPTEMBER 27, 1993 12. (Cont'd) e) Official Plan Amendment 92/16 - Amendment to Central Frederick Secondary Plan. COUNCIL M/NUTES - 510 - SEPTEMBER 27, 1993 f) Official Plan Amendment 92/17 - Amendment to Victoria Park Neighbourhood Secondary Plan. g) Official Plan Amendment 92/18 - Amendment to K-W Hospital Neighbourhood Secondary Plan. h) Official Plan Amendment 92/19 - Amendment to Victoria Street Secondary Plan. i) Official Plan Amendment 93/4 - Amendment to Civic Centre Secondary Plan. j) Zone Change 92/26/TC - Stage 6 of the Comprehensive Zoning By-law. 13. That Kitchener City Council request the Council of the Regional Municipality of Waterloo to modify Official Plan Amendment No. 147 - Laurentian West Collector Roads and Major Open Space - to enlarge the Major Open Space designation between the Laurentian Wetlands and Ottawa Street, east of Street D. This is in accordance to a request made by Regional staff based on comments from the Grand River Conservation Authority. Such modification will be as follows: Map 1, "Plan for Land Use" of Official Plan Amendment No.147 - Laurentian West Collector Roads and Major Open Space is hereby amended as shown on the attached "Schedule A". COMMUNITY SERVICES COMMITTEE That we approve the request of the Take Back the Night Committee for an in-kind facility grant in the amount of $125.00 for two bus rentals on Thursday September 23, 1993, in conjunction with their parade. That we inform the Kitchener-Waterloo Track and Field Association that their Constitution, as presented to the Community Services Committee on September 20, 1993, is acceptable for funding purposes; and further, That the City of Waterloo and the Waterloo Region Associated Track and Field Clubs be so notified. 3. That no action be taken on the request of the owners of 56 Thornridge Crescent to remove the black cherry tree located at the rear of their property. 4. That City By-law Enforcement Officers be scheduled to include parks by-law infractions as a priority on evenings and weekends. 5. That the Public Works Department and the Parks & Recreation Department be authorized to implement the following environmental initiatives: a) That an environmental consultant be retained to prepare a report and make recommendations on the design and rehabilitation of seriously eroded areas in the Monarch Woods Park area. This report shall include proposed details, budget and phasing of any remedial measures together with any public use constraints for this park site at a cost of $25,000.00; which is to be taken from the 1993 Capital Contingency Account, as recommended by Management Committee on September 14, 1993. b) Commence the construction of water quality improvements of the three storm water management areas on the upper reaches of the Henry Sturm Greenway as identified in the Paragon Engineering Report "Sedimentation Control Study for Victoria Lake 1993", within existing budget allocations. COMMUNITY SERVICES COMMITTEE SEPTEMBER 27, 1993 c) That the Departments of Public Works and Parks & Recreation commence discussions to facilitate the removal of sediments in Victoria Park Lake, and together explore the COUNCIL M/NUTES - 511 - SEPTEMBER 27, 1993 opportunities to utilize staff and resources under the 93-94 Winter Works Program to complete this work. 6. That the revised Cemetery Tariff of Charges, as presented to the Community Services Committee on September 20, 1993, be approved, effective October 15, 1993. FINANCE AND ADMINISTRATION COMMITTEE 1. That the Mayor and Council formally acknowledge the efforts of staff in assisting with the opening events for the new City Hall. That further consideration of the owner's claim for damages to the property known municipally as 15 Wilkins Drive, be referred to the October 4, 1993 Finance and Administration Committee meeting pending receipt and review by staff of the report prepared by Murray H. Schmitt, Consulting Engineer. That Council further extend the deadline for compliance with the kennel licensing conditions of Chapter 530 (Dogs) of the Municipal Code from October 1, 1993 to December 31, 1993 relative to the Golden Shine Kennel, 38 Manitou Drive, and further, That provided the dogs kept on site do not exceed 10 in number the owner be permitted to retain her 1993 Kennel Licence. 4. That further consideration of municipal penalty and interest rate charges be referred to the 1994 budget process. That staff be directed to implement an Environmental Foundation as outlined in the document "Envirofund Kitchener" dated May 14, 1993 and approved by Council, in principle, on May 25, 1993. 6. That the Manager of Licensing be authorized to issue a Transient Trader Licence to Mr. Nicolae Tudose. 7. That consideration of a possible application for copyright involving the City of Kitchener Urban Design Awards be referred to a future meeting of the Planning and Economic Development Committee. That consideration of the two Capital projects relative to the retrofitting of Transit coach seating as outlined in the report of Mr. B. Gulliver dated September 1, 1993 be referred to the Capital portion of the 1994 budget process. That the Corporation of the City of Kitchener approve a line of credit, not to exceed $150,000.00, to the Kitchener Public Library Board as a loan to provide "seed funding" for the establishing of a Government Bookstore, and further, That any advances are to have no definite repayment terms and interest on these will be charged at the Bank Prime plus 1%. 10. That the City Clerk be authorized to approve requests from Ontario Wineries for permission to open their retail stores on Sunday. 11. That Council approve participation by the City of Kitchener in municipal joint-investment funds as outlined in the report of Mr. J. Gazzola dated September 16, 1993, and that an appropriate by-law be drafted for enactment. 12. That Council approve funding in the amount of $48,000.00 from the Construction Contingency Account for the new City Hall to renovate the offices in the Duke/Ontario Street Parking Garage to accommodate a Safety/Training classroom. 13. That Council request all candidates in the upcoming Federal election to abide by the City's Sign By- law. COUNCIL MINUTES - 512 - SEPTEMBER 27, 1993 FINANCE AND ADMINISTRATION COMMITTEE SEPTEMBER 27, 1993 14. That Council rescind clause #3 of the Finance and Administration Committee report (1992 Capital Budget) adopted on September 14, 1992 relative to the issuing of debentures for Transit projects, and substitute the following: "That the City Clerk be authorized to proceed with the following capital projects, namely: Project Debenture Total Approval Expenditure Required Urban Transit Buses $3,200,000 Various Transit Projects 450,000 $3,650,000 Term $750,000 10 years 250,000 10 years $1,000,000 LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE That pursuant to Section 33 of the Ontario Heritaqe Act and the Heritage Easement dated September 30, 1987, Council refuse the request of National Trust for permission to install a rooftop sign on the designated property at 191-197 King Street West (former P.U.C. Building) as outlined in the drawings submitted by Neon Products (design #930342A) dated May 14, 1993, and That subject to any necessary agreements or additional approvals, Council approve the request relative to a fascia sign on the westerly facade (College Street) as generally outlined in the facsimile transmission from Neon Products dated September 10, 1993, and further, That the above does not imply approval of any additional exterior signage at this time. That Council accept from the Local Architectural Conservation Advisory Committee, the following suggested names for streets in the Laurentian West Community Plan on the basis of their heritage/historic significance: Bergey; Helena Feasby or Feasby; Riehm; Grosch; Dubrick; Swartz; Donnenwerth; and Frey. That with funds allocated in the 1993 L.A.C.A.C. Operating Budget, a Heritage Researcher be hired to complete work relative to industrial buildings, with details of the assignment to be determined by the Chairman and staff. PUBLIC WORKS AND TRANSPORTATION COMMITTEE That further consideration of providing compensation to the residents of Bedford Road between Courtland Avenue and Sydney Street be deferred in order for reports to be received from the Finance Department, the Legal Department and the Public Works Department in conjunction with the Consulting Engineer, and further, That the staff reports to be received deal with the questions of whether or not a precedent will be established and provide information as to the amount of time Bedford Road was closed over and above which would normally be expected for a project of this size, and further, That this matter be further considered by the Public Works and Transportation Committee at the meeting to be held on October 4, 1993. 2. That the Mayor and Clerk be authorized to execute Tri-Party Gas Purchase Agreements on behalf of the City of Kitchener. That, upon receiving specific natural gas rate schedules, staff from the Revenue, Information Services and Utilities Divisions shall develop a proposal outlining the method of cost recovery which will be applied to natural gas users which shall be submitted directly to City Council for consideration and approval. COUNCIL MINUTES - 513 - SEPTEMBER 27, 1993 PUBLIC WORKS AND TRANSPORTATION COMMITTEE SEPTEMBER 27, 1993 4. That the traffic controls be changed from two way flow to one way northbound flow on Agnes Street between Park Street and Dominion Street, and further, That the stop control be reversed to control northbound traffic on Agnes Street at Dominion Street, and further, That the Uniform Traffic By-law be amended accordingly. That King Street be closed to traffic between Water Street and Ontario Street on Friday, October 8, 1993 between the hours of 11:30 a.m. and 1:00 p.m. for the purpose of holding the K-W Oktoberfest Ceremonies, and further, That the appropriate by-law under Section 352(61 ) of the Municipal Act be enacted. 6. That the following streets be closed on Sunday, October 3, 1993 between 12:00 Noon and 4:00 p.m. for the purposes of a walking and guided tour, namely: Groh Road between Stauffer Drive and Dodge Drive Stauffer Drive between Caryndale Drive and Tilt Drive Tilt Drive between Doon Village Road and Stauffer Drive, and further, That the appropriate by-law under Section 352(61 ) of the Municipal Act be enacted. That Kitchener Transit contact representatives of the local School Boards to determine whether or not it may be possible to develop a Student Identification Card which could be used for school and Kitchener Transit purposes. COMMITTEE OF THE WHOLE MINUTES SEPTEMBER 27, 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. Quit Claim Deed It was resolved: "That the Mayor and Clerk be authorized to execute a Quit Claim Deed waiving, releasing and quit claiming any rights set out in the following covenant contained in the original Deed from the City registered as Instrument No. 679781: 'The Grantee further covenants and agrees to construct a building of approximately 20,000 square feet within the time stated in said restrictions which said building shall be used as a manufacturing facility complete with office accommodation.'" 2. Additional Request for Subsidy Allocation It was resolved: "That the Mayor and Clerk be authorized to execute Request No. 2 with the Ministry of Transportation for allocation of capital subsidy funds in the amount of $4,500. for the provision of public transportation services for physically disabled persons for the year 1993." 3. Consent to Lease of Industrial Land - BRIDGEPORT NORTH WARD It was resolved: "That the City consent to a lease from 476597 Ontario Limited to Hostess Frito Lay and a transfer from 476597 Ontario Limited to Ronald Taylor, In Trust, for the property described as Part 5 on Reference Plan 58R-3620 and municipally known as 30 Howard Place, Kitchener." 4. City Council - Chanqe of Meetinq Date It was resolved: "That due to the Federal Election the approved City Council meeting date of Monday, October 25, 1993 be changed to Tuesday, October 26, 1993." 5. Banner - Baha'i Community of Kitchener It was resolved: "That in conjunction with Unity in Diversity Week we grant permission to the Baha'i Community of Kitchener to erect a banner on King Street at Frederick/Benton Streets from Sunday, November 7, 1993 to Sunday, November 14, 1993 inclusive. Further, that arrangements be made with the City's Contractor for erection of the banner and the payment of any costs associated therewith." COMMITTEE OF THE WHOLE MINUTES SEPTEMBER 27, 1993 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) 6. Licenses It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Optimist Club of Stanley Park to conduct a Monte Carlo event at Bingeman Park, Kitchener, during Oktoberfest, October 9-17, 1993." - and - "That no action be taken in granting the request of the St. Bernard's Church Fund Raising Committee in Little Current, Manitoulin Island to sell their Raffle Ticket in Kitchener." - and - "That Kin Tien Sun be granted permission to operate her hot dog cart on the sidewalk at the intersection of Green Street and King Street West, Kitchener, during the Oktoberfest Parade on October 11, 1993, provided that the necessary licence is obtained." - and - "That Carlsbad Specialty Foods Ltd. be granted permission to sell soft pretzels on Kitchener streets from portable stands, located on Benton Street, Benton/King Corner and Frederick/Duke Corner, during Oktoberfest, October 9-17, 1993." - and - "That the Kitchener Waterloo Skating Club (KWSC) be granted permission to operate a refreshment stand, in the parking lot in front of Zehrs, Hiway Market, Weber Street East, Kitchener, on October 7, 8 & 9, 1993, provided that the necessary Licence and Health and Fire approvals are obtained." Industrial Land Consent - SOUTH WARD It was resolved: "That the City consent to a lease from Failer Holdings Limited to William Butler Enterprises for Unit 13 at the property described as Part 27 on Reference Plan 58R- 5668 and municipally known as 63 Mclntyre Place, Kitchener." Variance to the Municipal Code (Chapter 680) - Siqn - WEST WARD It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council of September 8, 1993, recommending approval of Submission No. S 6/93 - GTO McCrory Associates Limited - Be Ratified and Confirmed." Tenders It was resolved: "That tender T93-71, Kolb Drain Watercourse Landscape Construction, be awarded to Gateman Milloy Inc., Kitchener, at their tendered price of $196,250.49 (including G.S.T.)." COMMITTEE OF THE WHOLE MINUTES SEPTEMBER 27, 1993 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) - and - "That tender T93-69, Henry Sturm Watercourse XlV and Trunk Sanitary Sewer Construction, be awarded to Gateman-Milloy Inc., Kitchener at their tendered price of $250,995.87 (including G.S.T.)." - and - 9. Tenders (Cont'd) "That tender T93-66, One 11,500 lb. GVW Dual Rear Wheel Modified Mini Bus for Specialized Transit Services, be awarded to Overland Custom Coach Inc., Thorndale, Ontario, at their tendered price of $62,875., plus P.S.T. and G.S.T." 10. Binqo Licence It was resolved: "That the City of Kitchener has no objection to a Provincial Bingo Licence being issued to the K-W Champion Jewels Inc., 70 Belcan Place, Waterloo, 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 proceeds be used to assist only Minor and Youth Skaters; 2. that the applicant limit its bingo activities to the City of Kitchener; 3. that the applicant meet all terms and conditions of Kitchener's Consolidated Bingo regulations as passed by City Council; 4. that the applicant meet with the Manager of Licensing to review the above regulations prior to any licence being issued; 5. that for record purposes, copies of all bingo reports for licences issued be forwarded to the municipality; 6. that all Provincial Lottery requirements are met." 11. Early Retirement Progress Report It was resolved: "That the September 30, 1993 deadline for expression of intent to retire in order to be eligible for the special social contract incentive payment be extended for a period of 30 days from the date of Council approval of the Type 7 Agreement, and further, That the Mayor and Clerk be authorized to execute the necessary documents to effect the OMERS Type 7 Supplementary Agreement, and further, That the terms of our benefits program for early retirees and sick leave/incentive programs be altered to permit eligibility at age 50 consistent with the OMERS Type 7 Supplementary Agreement." 12. Banner - Vote Education Campaign It was resolved: "That no action be taken on the request received from the Vote Education Campaign, supported by student governments from the University of Waterloo, Wilfrid Laurier University, Conestoga College, U.W. Graduate Students' Association, U.W. Faculty Association and the U.W. Staff Association, for permission to erect a banner on King Street at Rockway Gardens from October 18, 1993 to October 24, COMMITTEE OF THE WHOLE MINUTES SEPTEMBER 27, 1993 Bo REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) 1993, inclusive." In response to Mr. T. McKay, it was the consensus of the Committee that this same policy apply to other requests.