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HomeMy WebLinkAboutCouncil Minutes - 1993-05-10COUNCIL\1993-05-10 COUNCIL MINUTES MAY 10, 1993 The Council of the Corporation of the City of Kitchener met this date with all members present. On motion by Alderman B. Stortz, the minutes of the regular meeting held on April 26, 1993, as mailed to the Mayor and Aldermen, were accepted. A. Communications referred directly to file (1) Letter dated April 19, 1993 from Mr. Don Johnny, Chairman, Canadian Precision Skating Championships, commenting on the 1993 event recently held at the Kitchener Memorial Auditorium Complex. (2) Letter dated April 19, 1993 from Honourable Bob Rae, Premier of Ontario, acknowledging Kitchener's comments relative to the Draft Agreement on Disentanglement. A copy has been forwarded to the Minister of Municipal Affairs. (3) Letter dated April 30, 1993 from the Honourable Evelyn Gigantes, Minister of Housing, acknowledging Council's recent position on Housing Intensification and Apartments in Houses. Mr. Sam Head appeared as a delegation in support of the recommendation listed on the Committee of the Whole agenda as Item B.4(a) relative to approval of Committee of Adjustment Submission No.S 1/93. Alderman J. Ziegler questioned if a diagram outlining the property and proposed billboard sign was available. Mr. Head distributed an illustration showing the location of this property at the intersection of River Road and King Street East and identifying the proposed billboard location. He pointed out that a permanent sign approximately 15 feet high was proposed and that his client has agreed to remove all other signs at that location and undertake certain landscaping. Alderman T. Galloway pointed out that the agenda had incorrectly listed the property as located in South Ward when in fact it was located in Chicopee Ward. Moved by Alderman J. Ziegler Seconded by Alderman G. Leadston That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of April 14, 1993, recommending approval of Submission No. S 1/93 - Macapee Holding Ltd. - Be Ratified and Confirmed. Carried. Mr. & Mrs. G. Hintz were in attendance regarding the recommendation of approval concerning Submission No.F 2/93 listed as part of Item B.4(b) of the Committee of the Whole agenda this date. Moved by Alderman J. Ziegler Seconded by Alderman M. Wagner That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of May 4, 1993, recommending approval of Submission No. F 2/93 - Gary & June Hintz - Be Ratified and Confirmed. Carried. Ms. Nancy Brawley appeared as a delegation on behalf of the Kitchener Downtown Business Association in support of the report of the Kitchener Downtown Action Committee of this date pertaining to funding of the Facade Loan Program. Mr. Tom Parrott, 258 King Street N, Waterloo, was also in attendance respecting this matter. Moved by Alderman B. Stortz Seconded by Alderman M. Yantzi That the report of the Kitchener Downtown Action Committee of this date be adopted. On motion by Alderman B. Stortz, seconded by Alderman M. Yantzi, it was agreed to amend the report so as to refer to up to $250,000 in place of an additional $250,000. COUNCIL M/NIXPES - 290 - MAY 10, 1993 The report was then put to a vote and Carried, as amended. Mayor D.V. Cardillo indicated that there were a number of Bridgeport residents in attendance with regard to clause 5 of the report of the Planning and Economic Development Committee and requested that the chairman introduce the Committee recommendation at this time. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie That clause 5 of the report of the Planning and Economic Development Committee of this date be adopted. Carried. Ms. Karen Murphy, Box 1815, Station C, Kitchener, appeared as a delegation concerning her responsibility as Community Liaison for the Society for Creative Anachronism (SCA). Her letter of May 3 addressed to Mrs. J. Koppeser, was attached to the agenda as Item B.7 of the Committee of the Whole. The letter identifies the purpose and initiatives of the Society and requests the City to reduce or waive the licensing fee for single day sales in connection with the holding of a Medieval Faire at Victoria Park on May 29, 1993. A report dated May 5, 1993 from the Manager of Licensing explained that the request includes the waiving or reducing of licence fees for Specific Location Daily Sales Licences for persons wishing to sell their wares and points out that the vendors were not donating the proceeds from sales to the Society and were not local businesses that pay business tax in the City of Kitchener and accordingly she opposes the request. Alderman M. Yantzi stated that he did not think that sales occurring in Victoria Park under the umbrella of this event on a Sunday would negatively affect local businesses. Moved by Alderman M. Yantzi Seconded by Alderman J. Ziegler That we have no objection to the plans of the K-W Branch of the Society for Creative Anachronism (CSA) to hold a Medieval Faire at Victoria Park on May 29, 1993 as outlined in the letter dated May 3, 1993 received from Ms. Karen Murphy, Community Liaison for the Society. Carried. Mr. Elwin Nephin appeared as a delegation to request permission to solicit funds on City lands for an independent political party that he intends to establish that will be known as the Canadian Coalition for a United Canada and a Better World. Mr. Nephin pointed out that his intentions were more fully explained in his letter that has been provided to City Council. In response to Alderman J. Ziegler, Mr. Nephin advised that his new party is not a registered political party. Alderman J. Ziegler questioned if he had started the registration process and Mr. Nephin advised that he had contacted Elections Canada but needs financial support and structure before moving ahead to create this new party. Further, he stated that according to Elections Canada, he did not have to be registered to solicit funds. Alderman T. Galloway questioned what liability the City might incur if it gave tacit approval to solicitation on City lands. Mr. J. Wallace, City Solicitor, advised that in future should there be any allegation of wrong doing on the part of Mr. Nephin it would be a matter for police to deal with. In reference to the City's Municipal Code, he advised that if Mr. Nephin wishes to make a speech and then solicit for support of his activities there was nothing to prohibit this action. Mr. Nephin commented that it was indicated in his letter he would keep accurate financial records. Alderman Galloway pointed out that Mr. Pritchard had suggested to Mr. Nephin that he approach City Council respecting his request and Mr. Pritchard clarified that the request had related to endorsement of solicitation in a multitude of places rather than just Speakers Corners or City streets. Alderman C. Zehr questioned to who and how Mr. Nephin will be accountable for his activities and Mr. Nephin replied that he would be accountable to all who support him and would publicize the results of his activities in the local newspaper to fully inform his supporters. In response to Alderman B. Stortz, Mr. Nephin indicated that he would be filing a submission with the Election Finances Commission. He advised Alderman G. Leadston that the written format mentioned in his letter was not completed yet but COUNCIL M/NUTES - 291 - MAY 10, 1993 will be available. Alderman M. Yantzi expressed concern that Mr. Nephin realize the importance of documenting organizational goals and suggested that as a result of his presentations at Speakers Corners, he may be able to gather support to establish a committee that would work toward this. Moved by Alderman J. Ziegler Seconded by Alderman J. Smola That we have no objection to Mr. E. Nephin soliciting for funds on City lands in 1993 provided that he clearly state that his proposed political party known as the Canadian Coalition for United Canada and a Better World is not registered, that he would be using donated funds to start up the party and that no solicitation take place on Sundays. Carried. Mrs. G. Vandervoort registered as a delegation in respect to her request that the City locate an adult crossing guard at the intersection of Fischer-Hallman Road and McGarry Drive. Alderman G. Lorentz noted that a copy of Mrs. Vandervoort's May 4th letter and petition had been circulated to Council. He indicated that he had been contacted last February about conditions at this crossing and has monitored it since. He noted that staff were now prepared to recommend a crossing guard be authorized for the school year commencing in September, however, he requested that a guard be appointed as soon as possible. Mr. D. Snow confirmed that up until this point, staff have not supported locating a crossing guard at the McGarry Drive and Fischer-Hallman Road intersection, however, following preparation of a report, staff recommend a crossing guard for the next school year. He summarized the issues that staff have considered in arriving at their new recommendation. In response to a question raised, he advised that if a crossing guard was placed at the intersection immediately, additional costs of approximately $885 will be incurred for the remaining approximate 32 school days before the end of June and that for the period September to December, 1993, costs in the amount of $2,250 would be incurred. Alderman M. Wagner raised the question of how many requests have been made for crossing guards that staff have denied. Mr. D. Snow outlined procedures and criteria used to address placement of school crossing guards. Moved by Alderman G. Lorentz Seconded by Alderman B. Stortz That we approve the immediate placement of a school crossing guard at the intersection of Fischer-Hallman Road and McGarry Drive and authorize an over-expenditure from the Traffic Budget in this regard. Carried. Mr. Neil Davis, 600-8 Nelson Street West, Brampton, appeared as a delegation in respect to clause 4 of the report of the Planning and Economic Development Committee of this date dealing with the applications for Official Plan Amendment and Zone Change submitted by 790072 Ontario Limited on Fairway Road. Mr. Davis advised that the Region requires further clarification respecting traffic concerns as they relate to the additional uses requested in the application. He noted that the main objective of the application was to locate the Sports Store and should Regional Traffic concerns regarding other additional uses not be resolved, he asked that the proposed by-law be revised to delete the uses requested with the exception of the Sports Store and that the Council waive any requirement for further public notice or circulation of a revised proposed by-law. Mr. S. Klapman indicated that staff did not have any concern with respect to the request. Moved by Alderman J. Ziegler Seconded by Alderman T. Galloway That clause 4 of the report of the Planning and Economic Development Committee of this date be COUNCIL M/NIXPES - 292 - MAY 10, 1993 adopted. And further, that provided conditions of Zone Change Application 9312/F/LB are met, we agree to consider three readings of the proposed by-law dated March 25, 1993 approved by the Planning and Economic Development Committee. Alternatively, should the applicant request the proposed by-law be revised by deleting the additional retail uses excepting sale and rental of sporting goods, we consider the change to the revised proposed by-law to be minor in nature and determine that no further public notice or circulation is required, prior to three readings of the revised proposed by-law. Carried. Mr. Scott Henderson, solicitor for Kitchener Housing Inc., appeared as a delegation in respect to the request outlined in his letter dated May 5, 1993 distributed to Members of Council this date. He advised that the issue deals with By-law 91-217 concerning rezoning of land situate at the northwest corner of Lancaster Street and Frederick Street to permit the development of a small six unit apartment building thereon. His letter outlines history respecting the by-law and the proposed development and requests that Council pass a resolution to waive the road widening requirement which would have the 13-foot strip along the north side of Lancaster Street dedicated to the City for future road widening purposes and secondly, commence advertisement of intent to close the subject portion of Lancaster Street by by-law and deed the land to Kitchener Housing Inc. to satisfy the condition of the Ontario Municipal Board decision in this regard. He pointed out that on April 7, 1993, Lancaster Street was de-assumed by the Region of Waterloo and that the rush was now on to transfer ownership, merge title and provide the O.M.B. with an amended by-law prior to June 20, 1993. Council briefly discussed the request and concluded that staff should be authorized to commence the required process to close and sell this portion of Lancaster Street. Moved by Alderman J. Ziegler Seconded by Alderman B. Stortz That staff be directed to prepare a draft by-law to close and sell a portion of Lancaster Street described as Part 1 on Reference Plan 58R-7417 to the abutting owner, Kitchener Housing Inc.; and initiate the required advertising process, including circulation to the Region. Carried. Mr. Richard Hamm, 116 Tupper Cr., Apartment 7, appeared as a delegation in opposition to a recommendation listed as Item B.6 of the Committee of the Whole agenda of this date which would allow the owner/operator of Reggie's Sandwich Factory to extend their restaurant licence to include the operation of a hot dog cart on the sidewalk in front of their restaurant located at 42 King Street West. Mr. Hamm advised that he was an authorized hot dog vendor at the intersection of King and Queen Streets and it was his view that restaurants should not be allowed to locate a similar operation in front of their establishments. He commented that the entire situation would not be fair to hot dog vendors who initially assumed the risk to add to atmosphere in the downtown and that due to some success in this area, restaurateurs now wish to operate carts that will hurt his business. Mr. Hamm stated that he thought the original idea of regulating hot dog vendors was to avoid the situation that exists in Toronto with multiple vendors side-by-side. Alderman B. Stortz stated that he had been involved from the beginning when the licensing of hot dog vendors was established and stated that it was always understood that the area in front of existing restaurants was considered to be a "free enterprise zone" and that businesses should be allowed to locate carts in front of their stores. Alderman G. Lorentz questioned how Council could address Mr. Hamm's concerns and ensure that a balanced approach was followed in this entire matter. It was suggested that a further clause could be added on to the recommendation in the agenda that would afford Mr. Hamm the opportunity to approach Council to request relocation of his cart if he was negatively affected by operation of a hot dog cart by Reggie's Sandwich Factory. Moved by Alderman B. Stortz Seconded by Alderman C. Zehr That subject to receiving approval from the City of Kitchener Fire Department and the Waterloo Regional Health Unit, the Mayor and Clerk be authorized to execute an encroachment agreement COUNCIL M/NI~ES - 293 - MAY 10, 1993 satisfactory to the City Solicitor, with the owner/operator of Reggie's Sandwich Factory to extend their restaurant licence to include the operation of a hotdog cart on the sidewalk in front of the restaurant located at 42 King Street West to be operated for the 1993 season; and further That the Mayor and Clerk be authorized to execute an encroachment agreement satisfactory to the City Solicitor, with the registered owner(s) and tenant of 42 King Street West, described as part of Lot 5, Plan 383 and part of Lots 2 and 7, Plan 401, to legalize the existing canopy with signage located on the building which encroaches 2.7 feet, more or less, onto the King Street West road allowance; and further That should Mr. Richard Hamm, operator of a hotdog cart at the intersection of King and Queen Streets be negatively affected as a result of the operation of a hot dog cart by Reggie's Sandwich Factory, Mr. Hamm be extended an invitation to approach Council if he wishes to relocate his hotdog cart. Carried. Alderman C. Zehr advised that a meeting was held last week concerning Project Lift and the issue of eligibility criteria. He advised that he received information with additional financial detail that he has passed on to the Finance Department. Mr. J. Gazzola commented that this matter which was partly a financial issue and partly a policy issue could be listed on the agenda of the next Finance and Administration Committee and Council agreed. A representative of Ziggy's Cycle Club was in attendance with regard to clause 1 of the report of the Public Works & Transportation Committee. Alderman G. Lorentz commented that residents of Hidden Valley have legitimate concerns regarding bicycle races and cyclists using the area for their practices. He suggested that the City should establish a limit on use of this area for sanctioned cycling events. Alderman M. Wagner commented that the real problem was not with bicycle races but with cyclists who practice in the area. Alderman J. Ziegler noted that only two races were proposed for 1993 and suggested that a policy in this regard be developed before the start of the 1994 race season. Alderman Lorentz commented that it was his information from City traffic staff that cyclists cannot legally be charged with speeding even though they exceed the posted speed limit on Hidden Valley Road by a wide margin. It was noted that staff would be bringing in a report on this issue to Committee. Alderman C. Weylie suggested that Alderman Wagner arrange for the Twin City Bicycle Committee to consider the issue of speeding. Moved by Alderman J. Smola Seconded by Alderman M. Wagner That clause 1 of the report of the Public Works and Transportation Committee of this date be adopted. Carried. Mayor D.V. Cardillo noted that a delegation was in attendance respecting the request of the Kidney Foundation of Canada which was listed as Item B.3 of the Committee of the Whole agenda of this date. Moved by Alderman B. Stortz Seconded by Alderman C. Zehr That the City of Kitchener has no objection to a Provincial licence being issued to the Kidney Foundation of Canada, Waterloo-Wellington Chapter, 684 Belmont Avenue, Suite 101, Kitchener, to conduct a Monte Carlo Event and Blackjack Tournament at King Value Centre, 255 King Street West, Kitchener, on June 18, 19, 20, 1993. Carried. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie That the report of the Planning and Economic Development Committee of Council of this date be adopted. Voted on clause by clause. Clauses 4 - Dealt with under Delegations and Carried, As Amended. COUNCIL M/NIYFES - 294 - MAY 10, 1993 Clause 5 - Dealt with under Delegations and Carried. Balance of report - Carried. Moved by Alderman G. Lorentz Seconded by Alderman C. Zehr That the report of the Community Services Committee of this date, be adopted. Carried. Moved by Alderman C. Weylie Seconded by Alderman M. Yantzi That the report of the Environmental Committee of this date be adopted. Alderman Zehr referred to clause 2 of the report which mentioned various options for revenue generation concerning the Envirofund. He stated that he would disagree with the entire approach if the primary focus of revenue generation was going to be from raffle lotteries. On motion it was agreed to amend clause 2 so as to provide that Finance and Administration Committee refer the revised report to the Environmental Committee for final consideration and recommendation to City Council. The report was then put to a vote. Voted on clause by clause. Clause 2 - Carried, As Amended. Balance of report - Carried. Moved by Alderman J. Smola Seconded by Alderman M. Wagner That the report of the Public Works and Transportation Committee of this date be adopted. Voted on clause by clause. Clause 1 - Dealt with under Delegations and Carried. Balance of report - Carried. Alderman J. Ziegler raised the issue of enforcement of the City's Noise By-law and questioned what the status was pertaining to the training of staff for such responsibilities. He pointed out that there was a serious noise problem every Friday and Saturday night at a certain property in his ward and noted that it was his understanding trained staff are to be in place to enforce regulations under the by-law. Mr. T. McKay advised that staff would provide an update concerning this issue at the May 17 meeting of the Planning and Economic Development Committee. Alderman J. Ziegler referred to Council's resolution of February 22, 1993 concerning enforcement of regulations pertaining to kennel facilities and requested that kennel owners be reminded that they have until July 15, 1993 to come into compliance. Alderman J. Ziegler referred to the meeting that he and Alderman T. Galloway are participating in concerning the Huron Park Transfer Facility. He advised that the meeting was being held Wednesday, May 12, 1993 at 7:30 p.m. at The Country Way Community Centre at Blessed Sacrament School, 367 The Country Way. An agenda concerning this matter has been distributed and he requested that City staff representatives from the Departments of Legal, Planning, Traffic and Economic Development be on hand to participate in the meeting. Alderman T. Galloway raised the matter of the proposed Women's Correctional Facility and pointed out that the Ontario Municipal Board has assigned a number to the application that was initiated by residents. COUNCIL M/NIXPES - 295 - MAY 10, 1993 In view of the O.M.B.'s actions, he suggested that the City should question whether the granting of a building permit should be proceeded with and question if site plan approval should be given prior to the Ontario Municipal Board having dealt with the matter that was now before the Board. Mr. J. Wallace agreed to respond to these questions at the May 17, 1993 meeting of the Planning and Economic Development Committee. Also in reference to the proposed Women's Correctional Facility in Kitchener, Alderman T. Galloway referred to the City of Edmonton which has a similar facility proposed and has agreed to reconsider the site selection process for the proposed facility. He asked that Economic Development staff determine from Edmonton officials what the circumstances and reasons were to bring about reconsideration being asked by the Solicitor General. Further, he suggested that since a reconsideration process is to be undertaken by Edmonton, the question should now be addressed as to whether it was time that Kitchener Council reconsider its site selection and ask the Federal Government to locate an alternate site in Kitchener. In response, Alderman M. Yantzi stated that in respect to the situation in Truro, Nova Scotia, his understanding of the issues relative to site selection were not the same as Alderman Galloway's. Alderman Galloway commented that in these other Cities, all levels of government have supported their citizens in processing reconsideration of the site selected. Alderman C. Zehr referred to the Municipal Alert notice prepared by the Association of Municipalities of Ontario and circulated this date to Council. The notice deals with a resolution passed by Ontario Mayors or designates at a meeting held in Toronto on May 7, 1993. Alderman Zehr noted that the meeting was held to address the course that the Province has set to institute mid-year reductions in grant funding to municipalities. He stated that it was a general feeling of those attending that the Province was in a cost overrun position and was looking for solutions to their operating deficits through the provincial grant process to municipalities. Delegates to the meeting disagreed with this approach. He stated that at this time it was estimated that the impact on the City of Kitchener would be a minimum loss of $962,000 in grant funding and approximately $1.824 million in reductions resulting from the Social Contract negotiations. He indicated that the afternoon of June 7, 1993 has been set aside to hold a budget committee session to review the impact of these reductions on the City's 1993 budget. He also mentioned that the City's Management Committee would be examining departmental budgets to achieve cost-saving measures. Mr. T. McKay reviewed the impacts on the City of the reduction in grant funding, implementation of Social Contract measures if such contract is negotiated and advised that the group of Mayors as an unofficial body had made its recommendation outlined in the Municipal Alert notice. He advised that the Ontario Municipal Association would be meeting on May 24, 1993 and will be considering how to deal with the Social Contract matter and disentaglement proposals. Alderman M. Wagner advised that he had requested the Manager of Licensing to prepare a report on the matter of vendors selling flowers on numerous City streets. He pointed out that one vendor had paid the City's $500 Hawkers & Pedlars Licensing Fee and proceeded to engage twelve different vendors to sell his wares and he questioned the legality and fairness of a vendor operating in this way. Mr. J. Wallace agreed to review this matter with the Manager of Licensing. Alderman G. Lorentz referred to an article that appeared in the Ontario Municipal Roads magazine dealing with an asphalt recycler utilized by the Town of Longlac. He agreed to refer the matter to Mr. D. Suzuki for consideration. Alderman G. Lorentz raised the matter of gaps that occur in Committee meeting schedules when meetings are cancelled and recommended that a mechanism be established to change Committee meeting times to avoid gaps. Mr. L.F. Parkhouse, Deputy City Clerk, reviewed the issues that Council had considered several years ago when it chose to establish pre-determined times for each Committee meeting. He pointed out that under such system, City staff and Members of Council are able to advise individuals who have a concern regarding a matter when and where Committee meetings would be held. He suggested that with a policy of making last minute changes in meeting times, citizens who might have previously enquired would be inconvenienced. Moved by Alderman G. Lorentz Seconded by Alderman G. Leadston That the Commissioner of General Services & City Clerk be authorized to adjust the starting times of regular Committee meetings as a result of any cancellations so as to group remaining meetings COUNCIL M/NUTES - 296 - MAY 10, 1993 scheduled for that date. Carried. Alderman B. Stortz enquired as to the status of information that has been obtained from Petro-Canada regarding its vacant former service station sites. Mr. S. Klapman advised that he has tried on numerous occasions to contact Petro-Canada representatives without success and would continue to undertake to reach them. At the request of Mr. R.W. Pritchard, Council consented to the addition of an additional zoning by-law to the agenda for three readings this date pertaining to an application by Walter Sestan on Glasgow Street. Moved by Alderman J. Smola Seconded by Alderman G. Leadston That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to close Chopin Drive to vehicular traffic on a temporary basis for social, recreational, community or athletic purposes (b) Being a by-law to close King Street to vehicular traffic on a temporary basis for social, recreational, community or athletic purposes (c) Being a by-law to close Dooley Drive to vehicular traffic on a temporary basis for social, recreational, community or athletic purposes (d) Being a by-law to close Manor Drive to vehicular traffic on a temporary basis for social, recreational, community or athletic purposes (e) Being a by-law to close a portion of Scott Street between the intersections of King Street and Duke Street in order to enable its use for community purposes (f) Being a by-law regarding the enforcement of the Watering By-law (g) 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 (h) To confirm all actions and proceedings of the Council (i) Being a by-law to adopt Amendment No. 143 to the Official Plan (J) Being a by-law to amend By-law 4830 known as the Zoning By-law - Walter Sestan - Glasgow Street - #89/26/B/ZJ and that the same be taken as read a first time and stand referred to the Committee of the Whole. Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor D.V. Cardillo appointed Alderman B. Stortz as Chairman. On motion, the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the Chair. Moved by Alderman B. Stortz Seconded by Alderman G. Lorentz That the proceedings and the recorded conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes be and the same are hereby adopted and confirmed. COUNCIL M/NUTES - 297 - MAY 10, 1993 Moved by Alderman J. Smola Seconded by Alderman G. Leadston That the by-laws listed on the agenda for third reading, namely: (b) (c) (d) (e) (f) (g) (h) Carried. Being a by-law to close Chopin Drive to vehicular traffic on a temporary basis for social, recreational, community or athletic purposes (By-law No. 93-90) Being a by-law to close King Street to vehicular traffic on a temporary basis for social, recreational, community or athletic purposes (By-law No. 93-91) Being a by-law to close Dooley Drive to vehicular traffic on a temporary basis for social, recreational, community or athletic purposes (By-law No. 93-92) Being a by-law to close Manor Drive to vehicular traffic on a temporary basis for social, recreational, community or athletic purposes (By-law No. 93-93) Being a by-law to close a portion of Scott Street between the intersections of King Street and Duke Street in order to enable its use for community purposes (By-law No. 93-94) Being a by-law regarding the enforcement of the Watering By-law (By-law No. 93-95) 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. 93-96 To confirm all actions and proceedings of the Council (By-law No. 93-97 (i) (J) Being a by-law to adopt Amendment No. 143 to the Official Plan (By-law No. 93-98 Being a by-law to amend By-law 4830 known as the Zoning By-law - Walter Sestan - Glasgow Street - #891261BIZJ (By-law No. 93-99) be taken as read a third time, be finally passed and numbered serially by the Clerk. Carried. On motion, the meeting adjourned. COUNCIL MINUTES - 298 - MAY 10, 1993 Mayor Clerk COUNCIL M/NIXPES MAY 10, 1993 - 299- REPORTS ADOPTED BY COUNCIL - MAY 10, 1993 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE That Council approve the Huron Business Park Marketing Initiative as it relates to the concept of creating individually serviced small sized industrial lots out of Site 130 in Huron Business Park. That consideration of Planning and Development Staff Report PD 10/93 pertaining to Demolition Control Application DC 92/9/RM (St. Mary's Hospital) requesting approval for the demolition of a single detached dwelling located at 904 Queen's Boulevard, be deferred until St. Mary's Hospital notifies planning staff when it wishes the Application to be dealt with. That enforcement of the City's Zoning By-law be waived with respect to retail and warehousing of religious books at 81A Weber Street West and that temporary occupancy be approved, subject to the occupants vacating the said premises in the event that Committee of Adjustment Application #A48/93 submitted by the Canadian Bible Society on behalf of 404251 Ontario Limited is not approved by the Committee of Adjustment or the Ontario Municipal Board in a form which would permit the said uses, and further, That in the event of failure to vacate as required, the City's Zoning Inspector be directed to commence Notice of Action to remove the illegal uses and that any work done to the premises is at the sole risk and responsibility of the owner in the event losses are incurred if the Committee of Adjustment Application is not approved. That Official Plan Amendment Application 93/1 (790072 Ontario Limited) requesting an amendment to the Kitchener Official Plan from General Industrial to General Industrial with a special policy on lands described as Part of Lot 4, Registrar's Compiled Plan 1525, be approved. It is the opinion of this Committee that approval of this Official Plan Amendment is proper planning for the City. That Zone Change Application 93/2/F/LB (790072 Ontario Limited) requesting a change in zoning from Service Industrial (M-3) with a special use provision to Service Industrial (M-3) with a new special use provision, all according to By-law 85-1, on lands described as Part of Lot 4, Registrar's Compiled Plan 1525, be approved in the form shown in the Proposed By-law attached, dated March 25, 1993, subject to the following conditions being satisfied prior to any readings of the by-law by Council: To arrange for notification by letter from the Regional Municipality of Waterloo to the City's Clerk that all Regional requirements have been satisfied with respect to the proposed zone change. The owner acknowledges that condition 1 hereof is required to be satisfied no later than seven (7) months from Council having approved the amending zoning by-law relative to Zone Change Application 93121FILB by resolution. In the event this requirement is not fulfilled within the seven month period, Council shall consider rescinding its zone change approval. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with a recommended Amendment (589 Fairway Road South - 790072 Ontario Limited) to the City's Approved Official Plan. Alternatively, should the applicant request the proposed By-law dated March 25, 1993, be revised by deleting the additional retail uses excepting sale and rental of sporting goods, we consider the change to the revised proposed by-law to be minor in nature and determine that no further public notice or circulation is required, prior to three readings of the revised proposed by-law. (DEALT WITH UNDER DELEGATIONS AND CARRIED, AS AMENDED.) COUNCIL M/NIXPES - 300 - MAY 10, 1993 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MAY 10, 1993 That the Township of Woolwich and the Ministry of Natural Resources be advised that with respect to Township of Woolwich Zone Change Application 90/15 (Rama Investments) to allow a gravel pit, the City of Kitchener position is that the application is premature and should not be approved for the following reasons: That as there is no known destination for the extracted gravel, a truck haulage route may utilize Bloomingdale Road through Bridgeport, to the existing Bridgeport bridge over the Grand River and other city streets to reach highway routes adding to an inappropriate on- going safety hazard. That operations as planned in close proximity would negatively affect the use and enjoyment of a nearby residential subdivision. That the proposed pit could operate for an unlimited period of years thereby continuing to negatively affecting area residents. That due to the limited quantity of the aggregate resource in the proposed pit, the City of Kitchener does not consider this a sufficiently significant resource to warrant the expected impact on the adjacent residential community. (DEALT WITH UNDER DELEGATIONS AND CARRIED.) COMMUNITY SERVICES COMMITTEE That their 1:00 we approve an in-kind facility grant to Cambridge Shopping Centres Limited to the value of use of the Market Square Parking Garage for free parking from 6:00 p.m. on June 30, 1993 to a.m. on July 1, 1993. That no action be taken on the request of the Ontario Cultural Society of the Deaf for a cash grant of $1750.00 and a facility rental grant in the amount of $500.00, at this time; and further, That the Special Needs Co-ordinator work with the Ontario Cultural Society of the Deaf to determine what assistance, if any, the City can provide to this organization. That the City Solicitor be directed to prepare a by-law to close one lane of Scott Street from King Street East to Duke Street, for the purpose of an outdoor Farmers' Market and related activities on Saturdays only from 6:00 a.m. to 2:00 p.m., for the period of May 22, 1993 to October 16, 1993, inclusive. That the 26th Athletic Awards Banquet be conducted in accordance with Option "E" as outlined in the report from Mr. R. Arnot, Director of Recreation, dated April 14, 1993; and further, That staff investigate a co-operative athletic awards recognition process with the City of Waterloo. That the municipalities within the Waterloo Region and the Regional Municipality of Waterloo adopt, in principle, a common strategy in dealing with railway corridor acquisitions; and further, That these municipalities identify any environmental concerns and all probable short term and long term uses for existing railroad right-of-ways such as utility corridors, open space and trailway links, to accommodate pedestrians, bicycles, scooters and wheelchairs. That a Railway Abandonment Committee, made up of political representatives from the cities of Kitchener, Waterloo and Cambridge, be established with the Regional Municipality of Waterloo being invited to participate; and further, That Alderman M. Wagner and Alderman C. Zehr be appointed as the City of Kitchener representatives on the Railway Abandonment Committee. That the City of Kitchener and the City of Waterloo each appoint two staff members to form a negotiating team to deal with the sale of C.P. Rail lands which are in the abandonment application COUNCIL M/NIXPES - 301 - MAY 10, 1993 process; and further, COMMUNITY SERVICES COMMITTEE MAY 10, 1993 7. (Cont'd) That the negotiating team set the value of the railway corridor property based on an open space designation. That no action be taken, at this time, to name the future cemetery site located on Westmount Road East; and further, That the Local Architectural Conservation Advisory Committee be requested to provide historic background information on this area to help determine an appropriate name. KITCHENER DOWNTOWN ACTION COMMITTEE That on the basis of the Report dated April 28, 1993 from Marion O'Brien on the Facade Loan Program, the Kitchener Downtown Action Committee recommends to Council the provision of up to $250,000.00 to the Facade Program Reserve Fund from existing City Reserve Fund sources, and that the Finance Commissioner advise Council on the source of this additional provision. (AS AMENDED) ENVIRONMENTAL COMMITTEE That Nancy Finkle be appointed Chairman of the Ward Co-ordinators for the 'Adopt Your Environment Program'. And further, that the Chairman of the 'Adopt Your Environment Program' Ward Co-ordinators be appointed as a member of the Environmental Committee for a term to expire November 30, 1993 and that the Committee Terms of Reference be amended to provide for such appointment annually. That the Environmental Committee approves, in principle, the proposal to establish an Environmental Foundation, as outlined in Alderman T. Galloway's draft report, "Envirofund Kitchener, Inc.", dated April 27, 1993 including the various options for revenue generation. Further, that the report be referred to the Finance and Administration Committee for consideration after refinements have been completed by Alderman T. Galloway, Mr. J. Wallace and other staff. And further, that following consideration by the Finance and Administration Committee the revised report be considered by the Environmental Committee at its next regular meeting for recommendation to City Council. (AS AMENDED) PUBLIC WORKS AND TRANSPORTATION COMMITTEE That the City of Kitchener approve bicycle races on Hidden Valley Road on Sunday, June 6 and Sunday, August 8, 1993 subject to the event organizers providing verification that the insurance policy in effect contains appropriate indemnification clauses. (DEALT WITH UNDER DELEGATIONS AND CARRIED.) That parking be prohibited on the south side of McGee Avenue from Ottawa Street to a point 66 metres west thereof, and further, That the Uniform Traffic By-law be amended accordingly. That Kitchener Utilities work with the Regional Municipality of Waterloo to develop a permanent City or Region-wide Water Efficiency Program which may include the replacement of existing toilets with ultra Iow flush toilets; the inclusion of water efficient showerheads and faucet aerators; and, the repayment of installation costs based upon established average savings or COUNCIL ~HNUTES - 309 - predetermined quarterly fixed dollar amounts. MAY 10, 1993 COMMITTEE OF THE WHOLE MINUTES MAY 10, 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 .Banner Request - 25th Anniversary Reunion - Cameron Heiqhts Colleqiate It was resolved: "That in conjunction with Cameron Heights Collegiate's 25th Anniversary Reunion Weekend to be held June 3-4, 1994, we grant permission for erection of a banner on King Street as follows: a)King Street at Rockway Gardens from Monday, March 14th to Sunday, April 3rd, 1994 inclusive; and b)Frederick/Benton Streets from Monday, May 16, 1994 to Sunday, June 5, 1994, inclusive. Further, that arrangements be made with the City's Contractor for erection of the banner and the payment of any costs associated therewith." 2.Appointments - Kitchener Downtown Business Association Board of Directors It was resolved: "That we accept the appointments of Philip Brown, Canadian Imperial Bank of Commerce; Marlene Guttensohn, Canada Trust; and Wolfgang Stichnothe, Valhalla Inn, to the Kitchener Downtown Business Association Board of Management for a term to expire November 30, 1994." 3.Licence - Kidney Foundation of Canada This item was dealt with under delegations. 4.Committee of Adjustment Submission No. F 2/93 - Gary and June Hintz was dealt with under delegations. It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of April 14, 1993, recommending approval of Submission No. S 1/93 - Macapee Holding Ltd. - Be Ratified and Confirmed." - and - "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of May 4, 1993, recommending approval of Submission No. F 3/93 - Slavonia-Croation Non-Profit Homes Inc. - Be Ratified and Confirmed." 5. Tenders It was resolved: COMMITTEE OF THE WHOLE MINUTES MAY 10, 1993 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) "That tender T93-20, Supply of Hot Mix Asphalt, be awarded to Kitchener Asphalt Limited, Kitchener and Forwell Limited, 5.Tenders (Cont'd) Kitchener at their tendered prices of $204,000. respectively, plus P.S.T. and G.S.T." - and - "That tender T93-26, Supply of Asphalt Emulsions, be awarded to Asphalt Engineering Co. Ltd. of Mississauga at their tendered price of $187,615.00 plus P.S.T. and G.S.T." - and - "That tender T93-27, Transit Centre Roof Replacement - Stage 3, be awarded to Nedlaw Roofing Limited, Breslau at their tendered price of $101,617. plus G.S.T." - and - "That tender T93-50, Automated Irrigation Upgrades - Rockway & Doon Valley Golf Courses, be awarded to Shemin Nurseries, Milton at their tendered price of $51,864.80 plus G.S.T. and P.S.T." 6. Encroachment Aqreements - CENTRE WARD This item was dealt with under delegations. 7. Licence - K-W Branch of the Society for Creative Anachronism (SCA) This item was dealt with under delegations. 8. Licence - Kitchener-Waterloo Oktoberfest Inc. It was resolved: "That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to the Kitchener-Waterloo Oktoberfest Inc. to conduct a raffle at the Valhalla Inn, Kitchener, on October 31, 1993." 9.Consent to Transfer The Committee was in receipt of a memorandum dated May 7, 1993, from Mr. J. Shivas. It was resolved: "That the City consent to a transfer from Twingate Construction Ltd. to 966120 Ontario Limited for the property described as Unit 18, Level 1, W.N.C.C. Plan 170 and municipally known as Unit 18 -62 McBrine Place, Kitchener." 10. Appointments to Kitchener-Waterloo Hospital Board of Trustees Mr. R.W. Pritchard advised that he was in receipt of a letter dated April 29, 1993 from Mr. A.L. Collins, Secretary, Kitchener-Waterloo Hospital Board of Trustees. The Nominating Committee of the Board has chosen City of Kitchener nominees to serve on the Board and requests the City's consideration. In addition, Mr. R.W. Pritchard pointed out that, under the Act (PR21), the Mayor or an alternate should be appointed by the Council to the Hospital Board. It was resolved: "That Mayor D.V. Cardillo be appointed to the Kitchener-Waterloo Hospital Board of Trustees COMMITTEE OF THE WHOLE MINUTES MAY 10, 1993 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) effective June 1, 1993 for a term to expire November 30, 1994, and further, That we confirm the following nominees as City of Kitchener appointments to the Kitchener-Waterloo Hospital Board of Trustees: 10. Appointments to Kitchener-Waterloo Hospital Board of Trustees (Cont'd) 1 )Ms. Surbhi Kotecha effective June 1, 1993 for a one (1) year term to expire June 1994. 2)Mr. William Kennaley effective June 1, 1993 for a two (2) year term to expire June 1995. 3)Mr. Peter Bridgewater effective June 1, 1993 for a three (3) year term to expire June 1996."