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HomeMy WebLinkAboutCouncil Minutes - 1994-01-24CO U N C I L\1994-01-24 COUNCIL MINUTES JAN UARY 24, 1994 The Council of the Corporation of the City of Kitchener met this date with all members present. Council was advised that prior to acceptance of the December 13, 1993 Council minutes, an amending resolution should be considered as the date of the draft bill referred to in Item B.9 of the Committee of the Whole minutes was incorrect. Moved by Councillor C. Zehr Seconded by Councillor J. Smola That item B.9 of the Committee of the Whole passed by City Council on December 13, 1993 be rescinded and the following substituted therefor: "That the City Solicitor be authorized to proceed to apply for special legislation to incorporate "Envirofund Kitchener Inc.' in accordance with the draft bill dated November 10, 1993." Carried. On motion by Councillor M. Wagner, the minutes of the regular meeting held on December 13, 1993, as amended this date, were accepted. A. Communication referred directly to file (1) Letter from the City of Guelph supporting Council's resolution condemning racist organizations, etc. During the Council meeting, Mayor D.V. Cardillo welcomed the 51st and 54th Girl Guides from Westheights and John Darling Public Schools. Mr. Ken Seiling, Chair of the Regional Municipality of Waterloo, appeared as a delegation in connection with the 140th and 20th Anniversaries of the founding of the County of Waterloo and the Region of Waterloo. At this time he presented a Neufeld print of the County Court House in Berlin to Mayor D.V. Cardillo as had been indicated would be done in conjunction with the Opening Ceremonies of the new Regional Administration Building. He also left copies of a booklet entitled "Peace and Prosperity Waterloo County/Waterloo Region 1853-1993" which contains a brief history of the area. Finally, he presented a gold medallion to the City which was cast for the Regional Municipality of Waterloo in recognition of the 1853 and 1973 anniversary dates. Mr. Don Nurse, President of K-W Oktoberfest appeared as a delegation to express gratitude of the Board of Directors for the City's commitment to Oktoberfest through its elected representatives and staff. In particular, he thanked Councillors G. Lorentz and M. Wagner. Mr. Nurse requested that the City consider flying the Oktoberfest flag from the middle of September to middle of October to further promote the event. He then presented Octoberfest hats as a memento to members of Council and staff and asked that Council consider wearing an Oktoberfest tracht during the period of celebration. Councillor M. Wagner indicated that a number of Council members do wear lederhosen during Oktoberfest and at the Council meeting during Oktoberfest. In response to Mr. Nurse's request, Councillor Wagner requested that Mr. Nurse obtain a price reduction based on a volume order of trachts for members of Council and advise Council of a proposal in this regard. Councillor G. Lorentz summarized the recently completed United Way Campaign and expressed appreciation to City staff for their support given the difficult economic circumstances and impact of the Social Contract wage reductions. He then tabled various campaign achievement awards and appreciation certificates to approximately 27 City staff who had participated administratively to achieve the campaign goals. Mr. Rod Henderson thanked the Chief Administrative Officer, City Council and members of staff for the support he received during a very tough campaign period. Ms. Kathi Smith, President of the Chamber of Commerce of Kitchener & Waterloo, appeared as a delegation to highlight the achievement of the Cities of Kitchener and Waterloo as being chosen one of the five "Champion Communities" in Canada. The Canadian Chamber Chairman will be visiting each of the five communities to give exposure to success stories of companies and communities. Ms. Smith indicated that it was planned also to hold a town hall meeting to vision how to create more jobs. Mayor D.V. Cardillo commented that in the April edition of Chatelaine magazine, Kitchener was picked as one of the best ten communities to live in. COUNCIL MINUTES - 11 - JANUARY 24 , 1994 Mr. Paul Britton appeared as a delegation in regard to clause 7 of the report of the Public Works & Transportation Committee of this date and stated that it was his understanding that Councillor J. Smola was going to introduce a motion to defer the Committee recommendation and that his client was not opposed to a deferral. However, he asked that the issue of full transit service be dealt with expeditiously and that Council's options not be tied as a result of previous action on this transit routing matter and that Hartwood Avenue be considered when the issue is re-discussed. He noted that it was his understanding this may require a Notice of Motion. Mr. W. Beck, Director of Transit, suggested that the matter could be considered by the Public Works and Transportation Committee in one month's time. Councillor J. Smola tabled a petition from the residents in the area of Breithaupt Centre respecting transit service. Moved by Councillor J. Smola Seconded by Councillor M. Wagner That action on clause 7 of the report of the Public Works and Transportation Committee of this date be deferred and referred to a future meeting of the Committee for further consideration. Carried. Mr. Sheldon Sugden appeared as a delegation in regard to clauses 3 and 4 of the report of the Planning and Economic Development Committee of this date dealing with Official Plan Amendments and Zone Changes relative to 385 and 695 Fairway Road South. Councillor C. Zehr disclosed a pecuniary conflict of interest and abstained from all discussion as two of his clients have partners with an interest in 385 Fairway Road South. Mr. Sugden advised that he was appearing on behalf of Fairway Wilson Centre Inc. and referred to concerns which had previously been expressed with regard to 385 and 695 Fairway Road South. Mr. Sugden stated that he has now had an opportunity to discuss the proposed developments and that at this time it appears he will not be pursuing an objection. Mr. Paul Britton appeared as a delegation on behalf of Metro Capital in support of clause 3 of the report of the Planning and Economic Development Committee of this date dealing with amendment applications respecting 385 Fairway Road South. Also he pointed out that he was attending to support the by-laws listed within the agenda to adopt Amendment No. 152 to the Official Plan and to amend the Zoning By- law with respect to 385 Fairway Road South. Mr. Tim Clarke, Strauss/Cooper, #1802, 11 King Street West, Toronto, appeared as a delegation in regard to the by-law listed on the agenda which provides for the Mayor and Clerk to execute a Certificate of Validation on behalf of the City pursuant to Section 57(1 ) of the Planning Act relative to 22 Eby Street S and 76 Charles Street E. Mr. Clarke noted that the by-law provides authority for the Mayor and Clerk to sign a technical correction to a mortgage from Valhalla Inn to Sun Life Assurance Company of Canada which excluded both of these properties. Mr. J. Wallace indicated he had on objection to the passing of the by-law. On motion by Councillor B. Stortz, seconded by Councillor J. Ziegler, it was agreed the by-law would receive three readings this date. Ms. Debbie Cruickshank and Ms. Michelle Wallace appeared as delegations with respect to the City's by- law that controls livestock. She stated that they each have a Vietnamese potbelly pig in their residences and that since a pig was considered livestock, their landlord has told them they would have to remove them from the building. The delegation brought one of their pigs to the meeting to illustrate their size and nature, as well as to point out that they were very clean animals. Councillor J. Ziegler suggested that the issue should be put on the appropriate Committee agenda for January 31 and that in the meantime staff not enforce the City's by-laws until this issue has been dealt with. Moved by Councillor J. Ziegler COUNCIL MINUTES - 12 - JANUARY 24 , 1994 Seconded by Councillor G. Leadston That the issue of whether Vietnamese potbelly pigs should be included or excluded from the definition of livestock under the City's by-law, be referred to the Finance and Administration Committee for consideration at its January 31 meeting. Further, that the Humane Society be requested to comment and provide what information it has on this issue and that copies of the by- laws of other municipalities relating to this matter, be obtained for consideration. And further, that staff be requested not to enforce any municipal by-law regulations relative to this matter until it has been considered by Committee and City Council. Carried. Mayor D.V. Cardillo indicated that Mr. E. Pawlowski was in attendance and questioned if he wished to make a presentation respecting an undated letter from Mr. David Pawlowski distributed to Council this date. Mr. Pawlowski indicated that he did not wish to do so. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler That the report of the Planning and Economic Development Committee of Council of this date be adopted. Councillor T. Galloway referred to clause 5 of the report dealing with closure of part of Howe Drive and questioned if staff could advise how the surplus lands would be disposed of to abutting land owners and what the process was. Mr. J. Wallace, City Solicitor, advised that the closure would be advertised and that the City was obliged to offer the lands to each abutting land owner. He suggested that the affected land owner should contact the Land Purchasing Officer and stated that the land owners would fall into one of two categories being - either those deprived of frontage or those not deprived of frontage. In any event, he stated that procedurally the City would be contacting these land owners. Councillor T. Galloway then referred to clause 10 of the report relating to parcel No.35 (Caryndale Developments Hearthwood). He stated that it seems the parcel would develop in two parts and that he had been told at the Planning and Economic Development Committee meeting that no new circulation was required. He questioned if both parts were exempt from a complete circulation. Mr. T. McCabe advised that if the report as originally circulated, was not changed, the report would go directly to the Committee for consideration. However, he noted that the owners are purporting to make changes to the subdivision lotting patterns and staging and accordingly, staff will be re-circulating the report. The report was then put to a vote. Carried. Recorded conflict of interest and abstention: Clauses 3 & 4 - Councillor C. Zehr as two of his clients have partners with an interest in 385 Fairway Road South. Moved by Councillor G. Lorentz Seconded by Councillor B. Stortz That the report of the Community Services Committee of this date be adopted. On motion by Councillor J. Ziegler, seconded by Councillor G. Leadston, it was agreed to amend clause 1 of the report so as to add a phrase that approval was subject to an understanding that there will be no funding from the City of Kitchener if and when the Federal Government terminates its grant. In regard to clause 9, Councillor T. Galloway mentioned that he had some concern about the actual use of the City's mobile concession trailer and if the agreement was intended to mean that Brown's Fine Food Services would provide services to various events and parks in the community. Mr. F.S. Graham advised that Brown's would service any reasonably sized tournament type of event. The report was then put to a vote. Voted on clause by clause. COUNCIL MINUTES JANUARY 24 , 1994 - 13 - Clause 1 - Carried (as amended). Balance of report - Carried. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi That the report of the Environmental Committee of this date be adopted. Moved by Councillor C. Zehr Seconded by Councillor B. Stortz That the report of the Finance and Administration Committee of this date be adopted. Carried. Councillor C. Zehr made several remarks regarding City Council's annual budget meeting held January 21, 1994. He commented that the City's revenues and expenditures were under considerable pressure, but that an overall increase of only 0.49% in the City portion of the tax levy had been achieved. Councillor B. Stortz commented that during discussion at Committee pertaining to clause 2 of the report, the Manager of Licensing had pointed out that all entrances to the amusement arcade at 255 King Street West should be internal to the mall. Mr. R.W. Pritchard confirmed this was to be the case and indicated that staff would make sure that there is not an exterior door to the street. Councillor T. Galloway referred to clause 4 of the report dealing with Teletheatre sites in the City and stated that he was opposed. He suggested that there was no reason why the City of Kitchener would be required to be notified of all applications and it appears to be putting an additional layer of bureaucracy on this area of commerce. He questioned what criteria the City would base its comments upon and suggested that the entire issue has the potential to become a politicized process. In summary, he stated that such procedure appeared to be a redundant request on our part for such authority, but that he would support general approval. Councillor B. Stortz supported clause 4 as worded on the basis that the opportunity to respond was positive for the City. Councillor C. Zehr also supported clause 4 as in his view it was important that the City be informed in order to have a general awareness of what was happening in the community. Councillors T. Galloway and J. Smola requested that their opposition to clause 4 be noted. The report was then put to a vote. Voted on clause by clause. Clause 4 - Carried. Balance of report - Carried. Moved by Councillor M. Wagner Seconded by Councillor M. Yantzi That the report of the Local Architectural adopted. Conservation Advisory Committee of this date be Carried. Moved by Councillor J. Smola Seconded by Councillor M. Wagner That the report of the Public Works and Transportation Committee of this date be adopted. Voted on clause by clause. Clause 7 - Dealt with under delegations and action deferred and referred to the Public Works and Transportation COUNCIL MINUTES - 14 - JANUARY 24, 1994 Committee for further consideration in approximately one month. Balance of report - Carried. Further to the comments of Councillor C. Zehr respecting the City's approved 1994 budget, Councillor J. Ziegler acknowledged that while the costs of municipal government are too high, it was his view that the 1994 budget was the best budget that he had been involved in since becoming a member of City Council. As an example of the pressures that cities were under, he referred to the City of London which, in order to achieve a $1.19 reduction in the average tax bill, had chosen to close numerous facilities and cut various services such as spring and fall cleanups in the municipality. He noted that the City's budget would increase by only $4 on the average tax bill and that for the City to maintain its services at the existing level, was an outstanding achievement, particularly considering the amount of grant funding that has been withdrawn by the Province. Councillor T. Galloway updated Council on activity of the Employment Equity Review Committee. He noted that Council was circulated with concerns of the Ontario Human Rights Commission and that the Committee would be providing an update and it may be necessary to revisit aspects of the City's hiring plan. Councillor J. Ziegler advised that he was unable to attend the Review Committee's meeting at 1:30 on January 25 and questioned if the meeting time could be shifted to 3 p.m. Councillor M. Yantzi suggested that Councillor Ziegler contact Committee members to seek their consent to a time change. Mayor D.V. Cardillo referred members of Council to Planning and Development Staff Report PD.94/2 dated January 14, 1994. The report deals with revisions to the Mill Courtland/VVoodside Park Secondary Plan and the proposed zoning by-law respecting Stage 6 of the Comprehensive Zoning By-law which were approved in resolution form at the December 13, 1993 meeting of City Council. Mr. T. McCabe advised that as of December 13 there was one outstanding issue remaining respecting concerns of the property owner of 53 and 63 Courtland Avenue (Old Silverwoods Dairy). The resolution of this issue provides for a greater floor space ratio of 1.5 rather than 1.0, however, the 10.5 metre height restriction is still retained. It was also noted that a second issue revolves around the deletion of the Thomasfield lands located at the intersection of Stirling Avenue and Belmont Avenue from the Zoning by- law. It was pointed out in the report that since this was the only property within Stage 6 potentially affected by and requiring approval of the Official Plan Amendment for "Environmental and Holding Provisions", the deletion of these lands from the by-law renders the approval of this Official Plan Amendment no longer necessary and as such reference to this OPA is proposed to be removed from the by-law. Moved by Councillor M. Yantzi Seconded by Councillor C. Weylie That with regard to clause 6 (Mill Courtland/VVoodside Park Neighbourhood Secondary Plan) and clause 15 (ZCA 92/26/TC/CL - Stage 6 of Comprehensive Zoning By-law) of the report of the Planning and Economic Development Committee adopted by City Council on December 13, 1993, we approve the following: That special policy 4.5.6 of the Mill Courtland/VVoodside Park Secondary Plan be revised as follows: "4.5.6 Notwithstanding the Low Density Commercial Residential designation, in order to preserve the existing scale and character of Martin Street, redevelopment of the properties at 26 Martin Street and 53 and 63 Courtland Avenue shall be restricted to a maximum height of 10.5 metres to a depth of 30 metres from the Martin Street streetline. In addition the maximum Floor Space Ratio shall be 1.5. With the exception of street townhouses and those Low Density Commercial-Residential uses which are also permitted within the Low Density Conservation designation, new development shall be required to gain access via Courtland Avenue with no vehicular access permitted to Martin Street. A holding provision shall apply to 26 Martin Street withholding development until such time as the lands have been consolidated with lands having legal frontage and access to Courtland Avenue and a site plan including appropriate buffering measures has been approved by the City's COUNCIL MINUTES - 15 - JANUARY 24 , 1994 Commissioner of Planning and Development." That Appendix "D" of the proposed zoning by-law be revised by deleting Clause 130 in its' entirety and replacing it with the following: "130. Notwithstanding Section 44.3 of this By-law, within the lands zoned CR-1 on Schedules 88 and 89 of Appendix "A", described as Part of Lot 10, Registered Plan 280 and Lots 6 to 9 inclusive, Registered Plan 280 and Part of Lot 10, Sub Lot 17 and Part of Lots 218 and 234, German Company Tract, the maximum Floor Space Ratio shall be 1.5 and the maximum building height shall be 13.5 metres within 30.0 metres of the street line of Martin Street." That reference to the Official Plan Amendment for 'Environmental and Holding Provisions' be deleted from Section 15 of the Proposed By-law. That the revisions to the proposed by-law are considered to be minor and that no further notice is required as a result of the proposed changes to the zoning by-law prior to the passing of the said by-law. Carried. Moved by Councillor C. Zehr Seconded by Councillor B. Stortz That this Council express its deep sense of loss over the recent passing of former Alderman John J. Wintermeyer. He was an able and highly respected citizen and a devoted public servant who served with distinction for many years. His contributions to the betterment of this community will be long remembered. His passing will be mourned by all who knew him. And further, that this Council extend its sincere sympathy to his bereaved wife and family. Carried Unanimously. City Council then observed a one minute period of silence out of respect for Mr. Wintermeyer. Councillor C. Zehr referred to the recent extreme cold temperatures that had been experienced which resulted in a very large number of requests to the City's Utilities Division regarding frozen water pipes. He indicated that he has discussed the problem with Messrs. D. Suzuki and E. Kovacs and acknowledged the fact that staff had done a superb job in trying to address these many problems. However, he questioned if the system presently being used was the only system available or the best one to address this type of problem given that there is still a backlog of calls. Accordingly, it was requested that Public Works staff report on this issue to the Public Works and Transportation Committee. Councillor C. Zehr advised that at the Twin City meeting held this date, discussion took place with respect to Service Station operating hours. Councillor G. Lorentz pointed out that it would appear the City of Waterloo intends to deal with this matter at their meeting this evening and had four or five options on the table for consideration. He pointed out that after meeting with two representatives from the City of Waterloo, it would appear that they are seriously considering de-regulating hours of operation on the basis that hours of operation be in accordance with the needs of the market place as this approach seemed to be working elsewhere. Councillor Lorentz stated that Kitchener will have to deal with the matter if Waterloo makes a decision to change its current policy. Mr. T. McKay suggested that a survey would be in order if Council wishes to address the matter and Councillor C. Zehr commented that the entire issue as well as the merits of a survey should be discussed at the next meeting of the Finance and Administration Committee. Councillor G. Leadston pointed out that in the past, Council has dealt with Service Station operating hours on at least two or three occasions and that dialogue with the Service Station Owners/Operators Association was appropriate since the issue has significant cost implications for them. Councillor G. Lorentz commented that the market with respect to Gasoline Service Stations is similar to that of Convenience Stores, some of which remain open longer hours in consideration of local needs and location. Councillor C. Zehr raised the problem of students crossing Weber Street at Eastwood Collegiate and noted that serious concern has been expressed by area residents. He suggested that the City look into the problem to investigate any action it could take to alleviate it and it was agreed to refer the matter to COUNCIL MINUTES - 16 - JANUARY 24 , 1994 Mr. D. Snow for consideration and report at a future meeting of the Public Works and Transportation Committee. Councillor T. Galloway commented that he thought that one of the contributing factors to the problem was the location of the Kitchener Transit stop on King Street resulting in students first crossing King Street, then private commercial property and then crossing Weber Street. Accordingly, he suggested consideration be given to relocating the transit stop. Councillor C. Zehr advised that he wished to raise the issue of the Non-Resident Development Charge with the intent that the City get in step with the Regional by-law relating to properties that are renovating or expanding their facilities and provision of a one time exemption. He noted that a total of $91,000 was collected in 1993 for such properties under 5,000 square feet. Accordingly, he indicated that he would like to propose a motion for a one time exemption of the Non-Residential Development Charge for expansions up to 50% of the existing floor space to a maximum of 5,000 square feet and that those applications received between now and the effective date or approval of this amendment to the by-law would follow existing procedures, however, upon application these properties would receive a grant from the Capital Contingency Fund after the amendment was in effect. Councillor G. Leadston requested that the matter be referred to Planning and Economic Development Committee for consideration with staff to prepare a report as to cost implications concerning Councillor Zehr's proposal. Councillor M. Wagner commented that this initiative came out of the Business and Industry Advisory Committee. In response to Councillor B. Stortz, Mr. T. McCabe pointed out that staff would be undertaking a major review of the Development Charge By-law later this summer which would be co-ordinated with Regional staff. He pointed out that it was necessary to give notice under the Development Charges Act relative to any changes to the by-law and that in the past, amendments had been processed through the Finance and Administration Committee. Moved by Councillor C. Zehr Seconded by Councillor M. Wagner That the proposal for a one time exemption of the Non-Residential Development Charge for expansions up to 50% of the existing floor space to a maximum of 5,000 square feet be referred to the Planning and Economic Development Committee for consideration at its January 31, 1994 meeting. Carried. Councillor M. Yantzi advised that he had received an enquiry from a company that had submitted an unsuccessful tender and requested that staff provide Council with a report as to what procedure is in place to notify bidders that they were unsuccessful in obtaining a tendered contract. Mr. L. Gordon advised that the procedure in the past was to always notify all bidders of the results of a tender, however, as part of the City's C.I.P initiatives, it had been decided to stop formally notifying unsuccessful bidders. Councillor M. Yantzi stated that he saw the procedure as poor public relations and Councillor G. Lorentz requested that staff prepare a report on procedures for consideration by the appropriate Standing Committee. Councillor M. Wagner noted that many of the City's sidewalks have still not been cleared following the last snow fall and requested that staff prepare a report for consideration at the next Public Works and Transportation Committee meeting as to how many complaints have been received and investigated and how many fines have been levied for non-compliance with the City's Sidewalk Snow Clearing By-law. Mayor D.V. Cardillo requested that as long as Public Works staff could put an estimate together quickly, that an estimate of costs for the City to assume all sidewalk snow clearing in the municipality also be prepared. Councillor M. Wagner advised Council that the Scott Tournament of Hearts (Canadian Women's Curling Championships) will be hosted by the City of Kitchener and the City of Waterloo from February 26 to March 5, 1994 at the Waterloo Recreational Complex. Councillor B. Stortz advised Council that at this time he wished to make a personal announcement as to a decision he has made not to stand for re-election as Councillor for Centre Ward in the November, 1994 municipal election. Councillor Stortz thanked Council members and City staff for their work and support they have provided to him as well as all those other individuals he has been involved with as ward representative. He advised that he intends to stand for the Liberal Party nomination for the riding of Kitchener and that it was his hope this early announcement would allow sufficient opportunity for interested candidates to come forward to fill the vacancy in his ward. COUNCIL MINUTES - 17 - JANUARY 24 , 1994 Members of Council were taken by surprise respecting Councillor Stortz's announcement and other than some brief comments of appreciation for his work, indicated that they would reserve their remarks for a later date. 8. Moved by Councillor M. Yantzi Seconded by Councillor J. Smola That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend By-law No. 85-1 to establish additional Residential Zones, Mixed Commercial Residential Zones and an Existing Use Zone in the City of Kitchener (b) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (c) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (d) 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 (e) Being a by-law to provide for the establishing and laying out of part of Resurrection Drive as a public highway in the City of Kitchener (f) Being a by-law to adopt Amendment No. 150 to the Official Plan (g) Being a by-law to adopt Amendment No. 163 to the Official Plan (h) Being a by-law to adopt Amendment No. 152 to the Official Plan (i) Being a by-law to adopt Amendment No. 153 to the Official Plan (J) (k) (i) (m) (n) (o) (p) (q) (r) (s) (t) (u) (v) Being a by-law to amend By-law 85-1 - HOC Investments Limited, In Trust - 695 Fairway Road South - No. 88/33/F/SF Being a by-law to amend By-law No. 85-1 - 728937 Ontario Limited - 385 Fairway Road South - No. 87/49/F/JG Being a by-law to adopt Amendment No. 154 to the Official Plan Being a by-law to adopt Amendment No. 155 to the Official Plan Being a by-law to adopt Amendment No. 156 to the Official Plan Being a by-law to adopt Amendment No. 157 to the Official Plan Being a by-law to adopt Amendment No. 158 to the Official Plan Being a by-law to adopt Amendment No. 159 to the Official Plan Being a by-law to adopt Amendment No. 160 to the Official Plan Being a by-law to adopt Amendment No. 161 to the Official Plan Being a by-law to adopt Amendment No. 162 to the Official Plan Being a by-law pursuant to Section 57 of The Planning Act, R.S.O. 1990 c. P.13 (as amended) To confirm all actions and proceedings of the Council and that the same be taken as read a first time and stand referred to the Committee of the Whole. COUNCIL MINUTES - 18 - JANUARY 24 , 1994 Carried. Conflicts of Interest and Abstentions: Items: portion of (a) relating to Victoria Park Secondary Plan, (f) and (q) - Councillor M. Yantzi as he has property within the Victoria Park area. Items: (h), (i), (j) and (k) - Councillor C. Zehr, as he has two clients who have partners with an interest in 385 Fairway Road South. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor D.V. Cardillo appointed Councillor M. Wagner as chairman. On motion, the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the chair. Moved by Councillor M. Wagner Seconded by Councillor B. Stortz 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. 10. Moved by Councillor C. Weylie Seconded by Councillor G. Lorentz That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to amend By-law No. 85-1 to establish additional Residential Zones, Mixed Commercial Residential Zones and an Existing Use Zone in the City of Kitchener (By-law No. 94-1) (b) 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. 94-5) (c) 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. 94-6) (d) 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. 94-7) (e) Being a by-law to provide for the establishing and laying out of part of Resurrection Drive as a public highway in the City of Kitchener (By-law No. 94-8) (f) Being a by-law to adopt Amendment No. 150 to the Official Plan (By-law No. 94-9) (g) Being a by-law to adopt Amendment No. 163 to the Official Plan COUNCIL MINUTES - 19 - JANUARY 24 , 1994 (h) (i) (J) (k) (m) (n) (o) (P) (q) (r) (s) (t) (u) Being a by-law to adopt Amendment No. 152 to the Official Plan Being a by-law to adopt Amendment No. 153 to the Official Plan Being a by-law to amend By-law 85-1 - HOC Investments Limited, Road South - No. 88/33/F/SF Being a by-law to amend By-law No. 85-1 South - No. 87/49/F/JG (By-law No. 94-10) (By-law No. 94-11 ) (By-law No. 94-12) In Trust - 695 Fairway (By-law No. 94-13) - 728937 Ontario Limited - 385 Fairway Road Being a by-law to adopt Amendment No. 154 to the Official Plan Being a by-law to adopt Amendment No. 155 to the Official Plan Being a by-law to adopt Amendment No. 156 to the Official Plan Being a by-law to adopt Amendment No. 157 to the Official Plan Being a by-law to adopt Amendment No. 158 to the Official Plan Being a by-law to adopt Amendment No. 159 to the Official Plan (By-law No. 94-14) (By-law No. 94-15) (By-law No. 94-16) (By-law No. 94-17) (By-law No. 94-18) (By-law No. 94-19) (By-law No. 94-20) Being a by-law to adopt Amendment No. 160 to the Official Plan (By-law No. 94-21) Being a by-law to adopt Amendment No. 161 to the Official Plan Being a by-law to adopt Amendment No. 162 to the Official Plan Being a by-law pursuant to Section 57 of The Planning Act, amended) R.S.O. (By-law No. 94-22) (By-law No. 94-23) 1990 c. P. 13 (as (By-law No. 94-24) (v) To confirm all actions and proceedings of the Council COUNCIL MINUTES - 20 - JANUARY 24, 1994 (By-law No. 94-25) be taken as read a third time, be finally passed and numbered serially by the Clerk. Carried. Conflicts of Interest and Abstentions: Items: portion of (a) relating to Victoria Park Secondary Plan, (f) and (q) - Councillor M. Yantzi as he has property within the Victoria Park area. Items: (h), (i), (j) and (k) - Councillor C. Zehr, as he has two clients who have partners with an interest in 385 Fairway Road South. On motion the meeting adjourned. Mayor Clerk REPORTS ADOPTED BY COUNCIL - JANUARY 24, 1994 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE 1. A. That City Council approve Official Plan Amendment 93/10 (4489 and 4497 King Street East - Mennonite Conference of Eastern Canada) as outlined: SECTION 4 - THE AMENDMENT The Official Plan for the City of Kitchener is hereby Amended as follows: Section IV. 11, "Policies for Specific Areas" is amended by adding the following new clause (s) to existing Policy IV. 11 .xlvii (47): "(s) Notwithstanding the Service Commercial designation on the lands known as Lots 4 and 5 of Registered Plan 698, otherwise known municipally as 4489 and 4497 King Street East, free standing office use shall be permitted with a maximum floor space ratio of 0.2." SECTION 5 - IMPLEMENTATION AND INTERPRETATION The provisions of the Official Plan of the City of Kitchener regarding the implementation and interpretation of that Plan shall apply to this Amendment. It is the opinion of this Committee that the approval of this Amendment is proper planning for the City. That, Zone Change Application 93/19/K/LM (4489 and 4497 King Street East - Mennonite Conference of Eastern Canada) requesting a change in zoning by adding a new Special Regulation Provision #161 to lands zoned Service Commercial Zone (C-6) with Special Use Provision #60 and Special Regulation Provision #60 be approved in the form shown in the Proposed By-law attached, dated December 21, 1993, as revised January 14, 1993 to clarify Clause #3 and add reference to a 14 metre minimum front yard, without conditions. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with a recommended Amendment (OPA 93/10) to the City's Approved Official Plan. That with respect to the property known municipally as 4489 & 4497 King Street East, Kitchener, City Council will allow development on private services subject to the applicant, Mennonite Conference of Eastern Canada, fulfilling the private servicing policy of the Regional Municipality of Waterloo. A) That Official Plan Amendment Application 87~9 (728937 Ontario Limited) requesting an amendment to the Kitchener Official Plan from General Industrial to General Industrial with special policy 109 on lands described as Part of Lot 1, Plan 1524, more particularly described as Part 2 of Reference Plan 58R-6293, be approved, as outlined: SECTION 4 - THE AMENDMENT The Official Plan of the City of Kitchener is amended as follows: 1. Map 1, "Plan for Land Use" is amended as shown on the attached Schedule "A". 2. Section IV. 11 "Policies for Specific Areas" is amended by adding the following policy: "cix) Notwithstanding the designation of General Industrial on lands described as Part of Lot 1, Plan 1524 and located on the northeast corner of Fairway Road South and Wilson Avenue, the sale and rental of sporting goods, books, toys, apparel, fashion accessories, baked goods, fish, meat, and musical equipment, supplies and accessories, shall also be permitted to a maximum aggregate gross PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE JAN UARY 24, 1994 3. (Cont'd) leasable commercial space for all such uses of 3322 square metres, provided that no single outlet for the sale and rental of sporting goods, books, toys, apparel, fashion accessories and musical equipment, supplies and accessories shall exceed a gross leasable commercial space of 850 square metres; and provided further that only one outlet for the sale of either baked goods, fish or meat shall be permitted to a maximum gross leasable commercial space of 288 square metres." SECTION 5 - IMPLEMENTATION AND INTERPRETATION The provisions of the Official Plan of the City of Kitchener regarding the implementation and interpretation of that Plan shall apply to this Amendment. It is the opinion of this Committee that the approval of this Amendment is proper planning for the City. B) That Zone Change Application 49/87/F/JG (728937 Ontario Limited) requesting a change in zoning from Service Industrial (M-3) to Service Industrial (M-3) with special use provision 170 U, all according to By-law 85-1, on lands described as Part of Lot 1, Plan 1524, more particularly described as Part 2 of Reference Plan 58R-6293, be approved in the form shown in the Proposed By-law attached, dated November 23, 1993, without conditions. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with a recommended Amendment (OPA 87/9) to the City's Approved Official Plan. A) That Official Plan Amendment Application 88/12 (HOC Investments in Trust) requesting an amendment to the Kitchener Official Plan from General Industrial to General Industrial with special policy 110 on lands described as Part of Lot 2, Plan 1525, more particularly described as Parts 2 to 8 of Reference Plan 58R-5665, be approved, as outlined: SECTION 4 - THE AMENDMENT The Official Plan of the City of Kitchener is amended as follows: 1. Map 1, "Plan for Land Use" is amended as shown on the attached Schedule "A". 2. Section IV. 11 "Policies for Specific Areas" is amended by adding the following policy: Notwithstanding the designation of General Industrial on lands described as Part of Lot 2, Plan 1525 and located on the northeast corner of Fairway Road South and Manitou Drive, the sale and rental of sporting goods, books, toys, apparel, fashion accessories, and musical equipment, supplies and accessories, shall also be permitted to a maximum aggregate gross leasable commercial space for all such uses of 416 square metres, provided that no single outlet for the sale and rental of sporting goods, books, toys, fashion accessories and musical equipment, supplies and accessories shall exceed a gross leasable commercial space of 208 square metres." SECTION 5 - IMPLEMENTATION AND INTERPRETATION The provisions of the Official Plan of the City of Kitchener regarding the implementation and interpretation of that Plan shall apply to this Amendment. It is the opinion of this Committee that the approval of this Amendment is proper planning for the City. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE JAN UARY 24, 1994 4. (Cont'd) B) That Zone Change Application 88/33/F/SF (HOC Investments in Trust) requesting a change in zoning from Service Industrial (M-3) to Service Industrial (M-3) with special use provision 171 U, all according to By-law 85-1, on lands described as Part of Lot 2, Plan 1525, more particularly described as Parts 2 to 8 of Reference Plan 58R-5665, be approved in the form shown in the Proposed By-law attached, dated November 23, 1993, without conditions. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with a recommended Amendment (OPA 88/12) to the City's Approved Official Plan. That Lane Application LA 1/92/JW (proposed closure of part of Howe Drive) be approved and that the Legal Department and the General Services and City Clerk's Department be instructed to proceed with the preparation of a by-law, ordering of a reference plan, and the necessary advertising in the local newspaper for the closing of a public highway abutting Parts 4 and 5 of Plan W.D.R.-231, Parts 1 to 3 inclusive of Plan 58R-8806 and Part 1 of Plan 58R-8620. Further, that such closing be undertaken on the following basis: That the reference plan be completed by the City and registered prior to the passing of the road closure by-law. That the entire area of the road to be closed be subject to easements in favour of the City for water and gas mains and in favour of Bell and Kitchener Wilmot Hydro for telephone and electrical utilities, respectively. That where access has not been cut off due to a re-alignment of Ottawa Street, the subject lands be conveyed to abutting property owners for a price to be negotiated by the City's Land Purchasing Officer. That in each case, the lands being conveyed shall be added to the abutting lands and title be taken in identical ownership as the abutting lands. That based on discussions held regarding Breslau expansion and Forwell's request for off-peak discharge into the Ottawa/Montgomery Sanitary Sewer with Regional staff, Township of Woolwich staff, the developer and his consultant and Management Committee we approve the following recommendations: That Kitchener City Council advise the Regional Municipality of Waterloo that Kitchener will support residential development in Breslau to a level consistent with its continued designation under Settlement Policy Area E with the exact maximum number of units to be determined at the time of finalization of the Regional Plan Review and after the completion of a Transportation Study to determine the realignment of Regional Road 17. This support is contingent upon Woolwich withdrawing O.P.A. #1 and special policies be included in the R.O.P.P. to permit Breslau to develop as a Settlement in Policy Area E with a specified cap on development. That staff be instructed to inform Paul Puopolo, Planning Initiatives Ltd., that the City of Kitchener would be willing to consider off-peak pumping of sewage from Breslau into the Ottawa/Montgomery Sanitary Sewer System subject to allocating required capacity for all future development on the east side of the City on a first priority basis, resolution of any odour and pumping station issues as well as finalizing a financial and operating agreement. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE JAN UARY 24, 1994 That Planning and Economic Development Committee recommend acceptance of Official Plan Amendment Application 93/14 (Wagon Wheel Flea Market - Mr. Willard Sallans) for processing with the clear understanding that processing in no way implies acceptance or rejection of this application. That Planning and Economic Development Committee recommend acceptance of Official Plan Amendment Application 93/13 (Autocraft Foreign Cars Inc. - Mr. Howard Magid) for processing with the clear understanding that processing in no way implies acceptance or rejection of this application. That in respect to the Rental Housing Protection Act relating to 227-247 Fergus Avenue and 15-19 Rutherford Drive, Council approve the following amendments to the Section 40 Development Agreement known as instrument #831467: DELETE SECTIONS l(e) AND l(f) OF THE EXISTING REGISTERED AGREEMENT AND REPLACE WITH THE FOLLOWING: 1.(e) This agreement shall confer no rights whatsoever upon any new tenant who enters into a lease agreement with the Owner and occupies an Existing Unit after the date of registration of the final plan of condominium (hereinafter called a "Post-Registration Tenant"). The Owner shall give notice of this agreement to all Post-Registration Tenants, at the time they enter into their leases, and provide proof of notification to the Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by such tenants as acknowledgement of receipt, following which such tenants shall be deemed to have notice that they do not have any rights under this agreement. 10. The Department of Planning and Development recommends: That subject to the changes recommended in Sections 2, 3, 4 and 5 below, Council approve the 1994 - Post 1995 Staging of Development Report (PD 115/93) dated December 15, 1993. Further, all additional requests received for advancement in the Municipal Draft Plan Approval date or 1994 Priority not be supported. 2) That the following request be added to the Staging of Development Report: a) York Nursery be added as Parcel #10A for Municipal Draft Approval 1995 with the following information incorporated: Single Detached Semi-Detached Development Charge Expenditure Development Charge Revenue Park Frontage City Cost Expected Development Servicing Comments: Timing Comments: s3 10 $0 $ 50,000 $0 1996 Subject to review and confirmation of the servicing capacity for the immediate area. Will require an amendment to the Official Plan with respect to the limitation on sanitary servicing capacity. 3) That the request from Grand River Railway be supported and that Parcel #91 be advanced from 1995 to 1994 Municipal Draft Plan Approval - Priority B. 4) That Max Becker Enterprises, Parcel #23 be advanced from Priority C to Priority B in 1994. 5) That the following text changes associated with the respective Land Parcel #'s in the Staging Report be approved: PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE JAN UARY 24, 1994 10. (Cont'd) Parcel #7 - 793291 Ontario Limited (Cybau Holdinqs) That the following phrase be added to the Timing Comments: "Multiple Residential Blocks in Stages 2 and 5 may be further subdivided into single/semis and processing of these changes would be possible for draft approval by the end of 1994." Parcel #16, #17 and #18 - Cybau Holdinqs Parcel #20 - Norris/Sternber.q Parcel #22 - Max Becker Enterprises That the following phrase be added at the end of the last sentence of the Servicing Comments as follows: "Subject to an Environmental Implementation Report as required by the Laurentian West Environmental Review." Parcel #17 - Cybau Holdinqs That the request for the expansion of the boundary line for this parcel be supported. Parcel #22 - Max Becker Enterprises That reference to the Expected Development date of 1996 be advanced to 1995 Parcel #23 - Max Becker Enterprises That reference to the sanitary and storm servicing via Strasburg Creek system be deleted from the Timing Comments. Parcel #32 - Hallman-Aberdeen That reference to the Environmental Implementation Report in the Timing Comments be revised to read as follows: "GRCA, MNR and the City have approved the Environmental Implementation Report in accordance with requirements of Strasburg Creek Master Watershed Plan." Parcel #35 - Caryndale Developments Hearthwood That the following statement replace the sixth sentence in the Timing Comments pertaining to timing of development as follows: "The easterly portion of this plan may proceed independently with access and servicing from Caryndale Drive and this may be considered for Draft Approval in 1994. However, the westerly portion shall be reserved for future development in order to allow joint resolution of the environmental and road network issues with the Hallman-Aberdeen Subdivision (Parcel #33) in 1995." Parcel #46 - Ormstron That reference to development on full municipal services dependent on Monarch (#43) in the Timing Comments be revised to read "Monarch" (#48); and That the following statement be added to the Servicing Comments as follows: "In order to provide sanitary service to portions of Ormstron (#46), 913612 Ontario Inc. (#47) and Monarch (#48), a deeper sanitary sewer will be required through Monarch (#48) at no cost to the City." Parcel #47 - 913612 Ontario Inc. That the following statement be added to the Servicing Comments as follows: "In order to provide sanitary service to portions of Ormstron (#46), 913612 Ontario Inc. (#47) and Monarch (#48), a deeper sanitary sewer will be required through Monarch (#48) at no cost to the City"; That reference to the Doon South - Brigadoon Transportation Network Analysis and Alignment Study in the Timing Comments be deleted; and That the following statement be added to the Timing Comments: "Requires an Official Plan Amendment for Estate Residential to be changed to a serviceable land use." Parcel #48 - Monarch That the following statement be added to the Servicing Comments: "Requires extension of the watermain from the south/east. In order to provide sanitary service to portions of Ormstron (#46), 913612 Ontario Inc. (#47) and Monarch (#48), a deeper sanitary sewer will be required through Monarch (#48) at no cost to the City." PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE JAN UARY 24, 1994 10. (Cont'd) Parcel ¢66 - 849734 Ontario Limited That reference to the Expected Development date be advanced to 1999. Parcel ¢89 - Barnhart et al Parcel ¢89A - Bot Construction and Classic Crown Investment Canada Inc. That the Bot Construction and Classic Crown Investment properties be identified separately from the balance of the land parcels ¢89 and be identified as Parcel 89A; and That the following phrase be added to the Servicing Comments of both parcels: "May require Environmental Review of the Melitzer Creek wetlands." Parcel ¢C - Rosenberq et al Parcel CD - D.I. Weber Parcel CF - Dorar Investments Parcel CG - Breslau Farms Limited Parcel ¢1 - Candarend Investments Parcels CJ & CK - 859628 Ontario Limited Parcel ¢34 - 673099 Ontario Limited That the following statement under the Timing Comments be revised to read as follows: "Subject to finalization of Huron Business Park Secondary Plan Review including finalization of Huron Natural Park." Parcel CD - D.I. Weber That reference to access and servicing in the Timing Comments be revised to read: "Sanitary service to be provided from the north, and if required, from the east and access will only be available from the north to Washburn Road." 11. That the Planning and Economic Development Committee set aside Wednesday, March 2, 1994, 7:00 p.m. in the Council Chambers, for a special public meeting, as the formal public meeting required under the Planning Act, to hear representation from the public and to adopt the Municipal Plan. COMMUNITY SERVICES COMMITTEE That subject to an understanding that there will be no funding from the City of Kitchener, if and when the Federal Government terminates its grant, we approve the application to the Ventures Program through the Health Promotion and Social Development Branch of the Federal Government for approximately $216,000.00, over a 3 year period, to facilitate the development of the "Bridging the Gap" program. (AS AMENDED) That we support a community effort to create a memorial to Luanne Farwell in the form of a pre- school playground facility within Knollwood Park; and further, That we utilize up to $5,000.00 from the playground additions Capital Budget towards the purchase and installation of playground equipment, to be supplemented by funds raised by the community; and further, That we install a small plaque recognizing the play area as the community's tribute to Luanne. That we support, Cameron Heights Collegiate 25th Anniversary Committee's pursuit of a Special Occasion Liquor Permit for their reunion on June 3-4, 1994, to be held at the Kitchener Memorial Auditorium Complex in the Kiwanis and Kinsmen Arenas; and further, That the permit allow the Committee to accommodate up to 3,000 people. That we endorse the formation of an Arts and Culture Advisory Committee with the Terms of Reference as presented to the Community Services Committee on January 17, 1994, save and except that the Arts and Culture Advisory Committee reports to the Community Services Committee and not City Council; and further, COMMUNITY SERVICES COMMITTEE JAN nARY 24, 1994 That the following be appointed to the Arts and Culture Advisory Committee for a term to expire November 30, 1994; Mr. L. Matthews, Mr. S. Scadron-Wattles, a representative of Allen Daniel Incorporated, Ms. A. Chafe, Mr. M. Carty, Mr. J.R. McGill, Ms. N. Brawley, Mr. B. MacKison, Ms. K. Gatteau, a representative of the Waterloo Regional Arts Council, and a representative of the Waterloo Region Roman Catholic Separate School Board; and further, That subsequent appointments be made by Council as per their normal procedures. That an Arts Acquisition Committee be developed consisting of qualified individuals, with the majority of representatives being visual arts professionals, to meet as needed, based on the frequency of offers for donations for budget allocations from the Arts Trust Fund for Public Art; and further, That the Terms of Reference for the Arts Acquisition Committee as presented to the Community Services Committee on January 17, 1994, be approved; and further, That the initial recommendation as to citizen appointments to the Arts Acquisition Committee be made by the Community Services Committee at a future meeting, with subsequent appointments to be made by Council as per Council's normal procedures. That Councillor M. Wagner be appointed as the member of Council on the Arts Acquisition Committee. That the position of Supervisor of the Bridgeport Community Centre be made a contract position at a cost not to exceed $19,400.00 annually; and further, That the annual grant to the Bridgeport Community Association be reduced accordingly. That the Mayor and Clerk be authorized to execute a Licensing Agreement, dated January 1, 1994, with the Kitchener Oktoberfest Lions Club, for use of the Grand River Recreation Complex. That we award Browns' Fine Food Services all concession and food rights in the five community arenas; notwithstanding the right of renters of Lions Arena Community Hall to use a catering service of their own choosing, and that the Mayor and Clerk be authorized to sign an agreement to this effect, all of which shall be to the satisfaction of the City Solicitor; and further, That the conditions for the award be based on Browns' guarantee to pay the City of Kitchener $72,500.00 per year or 22% of gross sales, whichever is greater; and further, That the term of the agreement be for five years, with an option to renew for a further three years, subject to terms and conditions agreeable to both parties, and all of which shall commence February 1, 1994, or as early as possible following this date; and further, That the $18,000.00 budgeted annually in the City's 10 year capital forecast for concession upgrades be eliminated for the duration of the contract, and the five community arena operating budgets each be reduced by $1,900.00 over that which has already been budgeted for in 1994; and further, That the City grant Browns' permission to utilize the City-owned mobile concession trailer in City parks, save and except Bud Park and Victoria Park, for tournaments and other special events, and that no licence or transfer fees by charged by the City for use of this trailer by Browns', and that the use of this trailer form part of the agreement; and further, That the sale of any alcoholic beverages in approved areas be governed by the conditions contained in the City's Alcohol Management Policy; and further, COMMUNITY SERVICES COMMITTEE JAN nARY 24, 1994 That City-owned concession equipment be turned over to Browns' who shall maintain it and return it or its replacement to the City at the conclusion of the contract in equal or better condition than when Browns' received it, with due consideration being given to depreciation of said equipment; and further, That the employees at the five community arenas be subject to Bill 40~92 governing the offer of employment to them by Browns'; and further, That consideration of contracting the golf unit food and beverage operation to the private sector be deferred for a period of up to one year, pending a review of the staffing complement at these facilities. 10. That the fee at the City Hall Parking Garage be waived for all volunteers and staff working at the Minor Sports Registration Events to be held in the City Hall Rotunda on February 26, 1994, March 5, 1994, September 10 and 17, 1994; and further, That the parking enterprise be given a grant in lieu equal to the amount of the parking fees which would have been collected. 11. That no action be taken on the request of the Association of Municipalities of Ontario for a one time donation in the amount of $100.00. 12. That no action be taken on the request of Anselma House for a donation towards their operating costs. 13. That no action be taken on the request of the University of Guelph, Imagineering '94, for a donation to assist with the summer science camp project. ENVIRONMENTAL COMMITTEE That Councillor J. Ziegler be appointed Chairman of the Environmental Committee for a term to expire November 30, 1994. That Councillor T. Galloway be appointed Vice-Chairman of the Environmental Committee for a term to expire November 30, 1994. FINANCE AND ADMINISTRATION COMMITTEE That no action be taken on the requests of Mr. D. Lamka and Ms. K. Florence that Council reconsider its approved 1994 Mobile Sign Permit fee. That the Manager of Licensing be authorized to issue an Amusement Arcade Licence to Mr. Chris Sanfilippo relative to the property known municipally as 255 King Street West. That a grant, without prejudice or precedent, in the amount of $752.00 be paid to Mr. Richard Watson relative to work at 142 Wheatfield Cres. necessary to bring a woodstove and hearth into compliance with the Building Code. That provided all other regulations and requirements are met, Council grant general approval relative to Teletheatre (Off-Track Betting Theatre) sites in the City of Kitchener, on the understanding that prior to the issuing of a licence for any specific site the Ontario Racing Commission will advise the municipality of the application and extend an opportunity to comment. That the City Solicitor be authorized to proceed with an application for special legislation relative to the sale of fireworks in accordance with the draft Bill dated December 21, 1993. That no action be taken concerning installation of a "Request to Speak" system in the Council Chamber. FINANCE AND ADMINISTRATION COMMITTEE JAN UARY 24, 1994 That Messrs. Peter Peachey and Randy Jackson be appointed to the Kitchener Downtown Business Association - Board of Directors for a term expiring November 30, 1994, to complete the unexpired terms of Messrs. Wolfgang Stichnothe and Kirk McBride, both of whom have resigned. 8. That the Council of the Corporation of the City of Kitchener confirm the appointment of the following individuals to the Board of Directors of the Centre In The Square Inc., namely: Dr. Derek Wyse, representing the K-W Symphony Orchestra and Mr. J.R. McGill, representing the K-W Art Gallery, and further, That these appointments be for a term of three (3) years expiring November 30, 1996. That Chapter 170 (Purchasing and Materials Management) of the City of Kitchener Municipal Code be amended as outlined in the report of Mr. R.W. Pritchard dated December 10, 1993. 10. That Council adopt the staff recommendations in the report of Mr. T. McKay dated January 10, 1994 relative to the Provincial Municipal Task Force charged with identifying duplication and overlap in Provincial legislation, regulations and policies, and further, That the above recommendations be forwarded to the Task Force for consideration. 11. That the Hawkers and Pedlars License fee be waived with respect to the proposed 1994 Heritage Day celebrations at the Fairview Park Mall sponsored by the Waterloo Regional Heritage Foundation. 12. That staff outline a procedure to facilitate the waiving of unnecessary licensing related approvals in conjunction with applications from non-profit and charitable organizations. 13. That the City of Kitchener offer the sum of $1,000.00 to Mr. R. McKillop (RCAN & Associates) in full settlement of, and in return for a release of, all claims relative to the issue of a professional baseball franchise. LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE That pursuant to Section 33 of the Ontario Heritaqe Act, we approve the request of the owner to alter the designated property known municipally as 191-197 King Street West (P.U.C. Building) by erecting a roof sign, substantially of size and appearance as shown on the plan provided to the Local Architectural Conservation Advisory Committee on December 10, 1993; and further That this approval be conditional upon the owner submitting to and receiving approval from the City's Heritage Planner of measured drawings, including details of the letter construction, prior to the issuance of a sign permit. PUBLIC WORKS AND TRANSPORTATION COMMITTEE That four (4) on-street metered parking spaces having a maximum time limit of one half (½) hour be implemented on the west side of Ontario Street between a point 27 metres north of King Street and a point 30 metres north thereof, and further, That the Uniform Traffic By-law be amended accordingly, and further, That, if the installation of these parking meters create problems for the Ontario Street Merchants, the matter can be brought back to the Public Works and Transportation Committee for further review. That stop controls be installed at the following locations: Cait Avenue at Woodhaven Road; and, Cait Avenue at Ninth Avenue, and further, That the Uniform Traffic By-law be amended accordingly. PUBLIC WORKS AND TRANSPORTATION COMMITTEE JAN UARY 24, 1994 That a stop control be installed at the following location: Wren Crescent at Wayne Drive, and further, That the Uniform Traffic By-law be amended accordingly. 4. That stop controls be installed at the following locations: Hillsborough Crescent at Pinedale Drive (both intersections; and, Pinedale Court at Pinedale Drive, and further, That the Uniform Traffic By-law be amended accordingly. That parking be prohibited on the south side of Strasburg Road from Blackhorne Drive to Block Line Road from 8:00 a.m. to 6:00 p.m., Monday through Friday, and further, That the Uniform Traffic By-law be amended accordingly. That Council enter into a lease with Mr. Wolfgang Reischl for the use of a portion of land to the rear of 59 Frederick Street (Revenue Building) for the purpose of providing monthly parking, and further, That the Mayor and the City Clerk be authorized to execute a lease satisfactory to the City Solicitor with Mr. Reischl. That Route 8 be realigned along Guelph Street as outlined in Option E of the report considered by the Public Works and Transportation Committee on January 17, 1994 so as to provide improved Transit service to the area of 409 Weber Street. (ACTION DEFERRED AND REFERRED TO THE PUBLIC WORKS AND TRANSPORTATION COMMITTEE FOR FURTHER CONSIDERATION IN APPROXIMATELY ONE MONTH). That Route 4 - Glasgow continue to use York Street until intersection improvements at Park Street/Glasgow Street and Park Street/Union Street permit right turn bus movements. COMMITTEE OF THE WHOLE MINUTES JAN UARY 24, 1994 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." Councillor M. Yantzi again disclosed a conflict of interest and abstained from all discussion and voting respecting the following by-laws as he has property within the Victoria Park area: the area of the Victoria Park Neighbourhood Secondary Plan relating to the by-law to amend By-law No. 85-1 to establish additional Residential Zones, Mixed Commercial Residential Zones and an Existing Use zone in the City of Kitchener; ii) a by-law to adopt Amendment No. 150 to the Official Plan; and, iii) a by-law to adopt Amendment No. 159 to the Official Plan. Councillor C. Zehr again disclosed a conflict of interest and abstained from all discussion and voting respecting the following by-laws as he has two clients who have partners with an interest in 385 Fairway Road South: a by-law to adopt Amendment No. 152 to the Official Plan; ii) a by-law to adopt Amendment No. 153 to the Official Plan; iii) a by-law to amend By-law 85-1 - HOC Investments Limited, In Trust - 695 Fairway Road South - No. 88/33/F/SF; and, iv) a by-law to amend By-law 85-1 - 728937 Ontario Limited - 385 Fairway Road South - No. 87/49/F/JG. B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER 1. Committee of Adjustment Resolutions It was resolved: "That Messrs. B. Lackenbauer, P. Kruse, K. Gore, D. McKnight and J. Gothard be permitted to become active members of the Ontario Association of Committees of Adjustment and Consent Authorities for 1994, with the total cost of these memberships being $300.00." - and - "That Messrs. B. Lackenbauer, P. Kruse, K. Gore, D. McKnight and J. Gothard be permitted to attend the conference of the Ontario Association of Committees of Adjustment and Consent Authorities to be held in Kingston, Ontario from May 29 - June 1, 1994 with the City of Kitchener to pay the normal expenses incurred." - and - "That Messrs. B. Lackenbauer, P. Kruse, K. Gore, D. McKnight and J. Gothard be permitted subscriptions to Municipal World for 1994 with the total cost of these subscriptions being $196.35." 2. Encroachment Aqreements - ROCKWAY-ST. MARY'S WARD COMMITTEE OF THE WHOLE MINUTES JANUARY 24, 1994 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) It was resolved: "That the Mayor and Clerk are hereby authorized to execute an agreement as prepared by the City Solicitor, whereby St. Mary's General Hospital is permitted to install and maintain cables over Queen's Boulevard and Spadina Road." - and - Encroachment Aclreements - ROCKWAY-ST. MARY'S WARD (Cont'd) "That the Mayor and Clerk are hereby authorized to execute an agreement as prepared by the City Solicitor whereby Mitchell Plastics Ltd. is permitted to install and maintain a cable over Hoffman Street." Banner Requests It was resolved: "That in conjunction with the Shrine Ceremonial to be held in Kitchener from June 3-5, 1994 inclusive, the Waterloo County Shrine Club Inc. be granted permission to have a banner erected on King Street at Francis Street from Monday, May 30, 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." - and - "That in conjunction with the 'Year of the Family' and the proclamation of March 21, 1994 to March 26, 1994 as Self-Esteem Week in Kitchener, the Family Awareness and Drug Education Centre be granted permission to have a banner erected on King Street at Francis Street from Monday, March 7, 1994 to Saturday, March 26, 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. And further, that the Chief Administrative Officer be authorized to schedule the erection and removal of a banner for this event, on an annual basis, as requested." - and - "That in conjunction with the Manulife Ride for Heart to be held in Kitchener June 5, 1994, we grant permission for erection of a banner on King Street at Frederick/Benton Streets from Monday, April 25, 1994 to Sunday, May 15, 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. And further, that the Chief Administrative Officer be authorized to schedule the erection and removal of a banner for this event, on an annual basis, as requested." Appointment It was resolved: "That with the resignation of Ken Muirhead, Romak Property Group, we accept the appointment of Dieter Turek, Romak Property Group, to the Kitchener Downtown Business Association's Board of Directors for a term to expire November 30, 1994." 5. Licenses COMMITTEE OF THE WHOLE MINUTES JANUARY 24, 1994 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Kiwanis Kavaliers Drum & Bugle Corps. to conduct a Monte Carlo event at the Edelweiss Tavern, 300 Doon Village Road, Kitchener on March 10-12, 1994 inclusive." - and - Licenses (Cont'd) "That Mr. Frank S. Thomas and Ms. Cecilia Van Manen be granted a Body-Rub Parlour licence for a Body-Rub Shop known as Creative Relaxation at 1601 River Road, Kitchener, for the year 1994, and further, That Massagist licences be granted to the following persons for the year 1994: Ms. Cecilia Van Manen R.R. #3, Elmwood Mr. Frank Thomas 19 Lewis Crescent, Kitchener." 6. Lease - SOUTH WARD Councillor T. Galloway inquired if the monies for the monthly lease were to be deposited into an account for the Huron Natural Park. Mr. T. McKay confirmed that this was the case. It was resolved: "That the Mayor and Clerk be authorized to execute a Lease dated December 31, 1993, of lands on Trillium Drive adjacent to Huron Natural Park, with Kitchener Asphalt Limited for one year (1994) and for rent at $2,200.00 per month." 7. Tender It was resolved: "That tender T93-86, 75 H.P. Four Wheel Drive 16.5' Cutting Width Lawn Mower, be awarded to Turf Care Products Canada Limited, Newmarket, Ontario at their tendered price of $58,750. plus G.S.T. and P.S.T." 8. Resolution - City of Scarborouqh The Committee was in receipt of a letter from the City of Scarborough requesting endorsement of its Council's resolution requesting that the Province of Ontario rescind the fee structure for first appeals of assessment at the Assessment Review Board. Councillor J. Ziegler commented that it seemed the only reason for the assessment appeal fee structure was to discourage people from exercising their right of appeal. Mr. T. McKay noted that the Province introduced the fee policy following the City of Scarborough's actions in appealing City of Toronto assessments. Further discussion took place and it was the general view that Kitchener should express its own concern relative to the Provincial fee policy. On motion by Councillor J. Ziegler - it was resolved: "WHEREAS the Province of Ontario, in what appears to be an attempt to suppress the assessment appeal process used by the general public, has instituted a fee structure whereby individuals can only challenge the assessment of their property after remitting the appropriate fee, COMMITTEE OF THE WHOLE MINUTES JANUARY 24, 1994 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) THEREFORE BE IT RESOLVED that the Council of the City of Kitchener requests the Ministry of Revenue for the Province of Ontario to rescind the fee structure as it relates to first appeals of assessments at the Assessment Review Board, and, BE IT FURTHER RESOLVED that the Association of Municipalities of Ontario be requested to support this resolution."