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HomeMy WebLinkAboutCouncil Minutes - 1994-03-07COUNCIL\1994-03-07 COUNCIL MINUTES MARCH 7, 1994 CITY OF KITCHENER The Council of the Corporation of the City of Kitchener met this date with all members present. On motion by Councillor C. Weylie, the minutes of the regular meeting held on February 21, 1994, as mailed to the Mayor and Councillors, were accepted. A. COMMUNICATION REFERRED DIRECTLY TO FILE - (1) Letter dated February 28, 1994, from Mr. Henry Wiebe thanking Councillor Geoff Lorentz, Chairman and Members of the Community Services Committee and, subsequently, City Council in agreeing to establish "Vogelsang Green" on the present location of "Federal Green" including appropriate signage. Councillor B. Stortz advised that there were a few persons in attendance concerning clause 2 of the Finance and Administration Committee report dealing with the street vendors by-law and that he would like the matter deferred to a future Council meeting to allow him to hold a meeting of hot dog vendor owner/operators. Mr. R.W. Pritchard advised that if the Committee recommendation was to be deferred, the by-law listed on the agenda for three readings this date should be withdrawn. Moved by Councillor B. Stortz Seconded by Councillor G. Leadston That clause 2 of the report of the Finance and Administration Committee of this date be deferred for consideration at a future Council meeting to allow Councillor B. Stortz to convene a meeting with hot dog vendors before the Committee recommendation is brought back to Council for consideration. And further that the by-law listed on the agenda to licence street vendors in Victoria Park and at specific street intersections for 1994 be withdrawn at this time. Carried. Mr. R. Freeborn appeared before Council with regard to Item B.6 of the Committee of the Whole agenda. Mr. Freeborn advised that in connection with the International Day for the Elimination of Racial Discrimination which is March 21, Council was being asked to approve a proclamation in recognition of Racial Harmony Week. He then read the requested proclamation to Council. Moved by Councillor C. Zehr Seconded by Councillor T. Galloway "WHEREAS the United Nations has declared March 21st to be the International Day for the Elimination of Racial Discrimination; AND WHEREAS the City of Kitchener is committed to the prevention of racial, ethnic and religious discrimination or harassment; AND WHEREAS the City of Kitchener seeks to promote understanding, open communications and harmony among the members of its communities; AND WHEREAS the City of Kitchener will reaffirm its commitment to these goals during the week of March 20, 1994 by the publication of this proclamation; NOW THEREFORE BE IT RESOLVED that the City of Kitchener proclaims March 20, 1994 to March 26, 1994 as 'Racial Harmony Week'." Carried. Mr. Robert Coo appeared as a delegation to support the recommendation of the Local Architectural Conservation Advisory Committee to designate 264 Victoria Street N (Baetz Brothers Furniture building) as being of historic and architectural significance. Mr. Coo pointed out that Kitchener's early history was based on the economic vitality that originated out of 4 or 5 early industries and that this building had COUNCIL MINUTES MARCH 7, 1994 - 84 - CITY OF KITCI:IENER historic significance in this regard. Further, he noted that the building had certain architectural significance and that reports as to the merits of the building had already been submitted to Council. Accordingly, he requested Council support for the designation of the Baetz building since it was the founding industry located in the area adjacent to the railway, was well preserved and had a socially relevant history to a founding Kitchener family. In response to Councillor G. Lorentz, Mr. Coo advised that the building had architectural significance as well as historical significance with a heritage link. He then detailed some of the significant exterior features of the building. Further, he pointed out that Local Architectural Conservation Advisory Committee had formally considered the property during several meetings. Councillor M. Wagner stressed that only the front half of the building closest to Victoria Street was being recommended for designation. Mr. P. Bufe appeared as a delegation concerning designation of 264 Victoria Street N and advised that he was not representing L.A.C.A.C. and only wished to provide Council with his personal views. Mr. Bufe commented that the 1910 structure was an unusual building but suggested that there may be a tendency to underestimate its architectural merit which he stated was a good example of the type of building erected in that era. He described the nature of construction material used in the building and pointed out that the built form was similar to homes built in that era and deserves preservation. Council was in receipt of Planning and Development staff report PD.94/23 dated February 17, 1994 from Mr. L. Bensason, Heritage Planner. The report deals with Heritage and Planning issues associated with 264 Victoria Street N and Mr. Bensason appeared as a delegation to present an overview of his report. He referred to the several buildings contained on the site and pointed out that the problem with the site plan for the proposed development is that there is too much floor space that generates a large parking requirement for the intended use. He then commented on the contents of his report in explanation of issues related to different parking requirements with or without demolition, ratio of plaza and warehouse uses on the site, a 25% reduction in the parking requirement and a scenario that would allow for phased development in conjunction with a minor variance application to the Committee of Adjustment. He pointed out that a phased approach scenario delays demolition that could result in preservation of the building should the full scale redevelopment not materialize. In response to Councillor B. Stortz, Mr. Bensason advised that preservation of street facades only of the building was presented as an alternative to L.A.C.A.C., however, L.A.C.A.C. decided on its recommendation to preserve the 1910 portion of the building. Further, he stated that if the designation was approved, the applicant would likely follow through with his request for demolition and when refused would then be subject to a 180 day waiting period. Mr. Bill Green appeared as a delegation representing 1017166 Ontario Limited which is the organization proposing to redevelop the site containing several buildings situate between 236 and 264 Victoria Street North. Mr. Green commented that there have been several redevelopment proposals promoted on the subject site going back a number of years. He confirmed that his clients latest development proposal incorporates three of the existing four buildings and that various informal proposals have been considered and discussed during a process in which he was encouraged by staff to design a proposal that was sensitive to the site. Mr. Green stated that the project now was a good representation of how older industrial buildings can be renovated. He spoke to issues pertaining to ratios of use relating to floor space/parking requirements and obtaining some relief from the parking requirement and also pointed out that the owner has a committed tenant that would act as anchor to attract other tenants to the redevelopment. Mr. Green asked that Council take note of a March 4 report from the City's Economic Development Division which points out that the developer intends to invest approximately $2,000,000 on renovations/rehabilitation of the property. He stated that he did not intend to debate the historical merits of the property as discussed by L.A.C.A.C. but that he does have concerns with respect to what would be required to renovate 264 Victoria Street N and also pointed out that the building foot print was required to provide as much parking as possible for the proposed development. Council members posed numerous questions to Mr. Green concerning the proposal. In response to Councillor G. Leadston, Mr. Green advised that he did not know who the principals of the numbered company were and that he only had contact with their agent. He advised that the site was purchased from the Hong Kong Bank of Canada. Mr. Green confirmed that prior to the last Council meeting his clients held clear title to the lands shown on the site plan. In responding to Councillor C. Zehr, he advised that if a demolition was not approved, his client intended to obtain site plan approval based on the plan submitted and would start renovations for key tenants; however, he emphasized that it appears his client was being asked to demonstrate a hardship up front in respect to the impact of approving the designation. He then clarified what rental commitments and offers have been received with respect to square footage of buildings to be redeveloped on the site. Mr. Green responded to Councillor T. Galloway concerning a reference to some demolition already being underway and clarified that the work related to cuts necessary to remove heavy equipment and that following a visit by City staff the contractor had ceased COUNCIL MINUTES MARCH 7, 1994 - 85 - CITY OF KITCHENER this work. Mr. Green estimated that the fitness centre would commence operation by September, 1994 and that renovations to Buildings C and D would take place concurrently with the construction of a covered connecting walkway between the two buildings. Councillor T. Galloway noted that including the length of time interior leasehold improvements may take, it would probably be one year before final occupancy of other parts of the site and questioned what the harm would be in retaining the Baetz building for 180 days. Mr. Green responded that the key point to his client is the leasing situation and that it was necessary to have certainty in initiating a leasing program based on space that will be available. He stated that what is achieved by the delay is just imposition of more hardship on his client. Mr. Green explained the work required to accommodate an option of retention of two facades fronting Victoria and St. Leger Street. In response to a question concerning retention of the Baetz building if further parking relief was given as an incentive, Mr. Green advised that he was not convinced that greater parking relief would provide enough parking to legitimately attract tenants. At this point Councillor M. Wagner expressed his appreciation to Mr. Green and his clients for their patience with respect to the ongoing discussions relative to this proposed development. He questioned if the fitness club had done a parking needs survey of its clients and Mr. Green advised that the fitness club has requested a 150 parking space allocation within the development. He indicated that a Traffic and Parking Impact Study has been commissioned to look at issues relating to potential occupants and peak use times and he would be filing a report with staff. Further questions were advanced and Mr. Green advised that the architect would be detailing the original window openings and framing of the Bauer building and that with regard to the 1910 Baetz building, the structural component does not meet current standards, it does not have a water tight roof and would be subject to substantial renovations that would make a return on rental of the building unfeasible. Also Mr. Green advised that it has not been his clients intent to stage redevelopment to accommodate what L.A.C.A.C. has requested. Mr. Green expressed concern with a suggestion that consideration of the designation be deferred given the impact this would have on the timing of consideration of the Committee of Adjustment application and delay and confusion that could ultimately result in the necessity to file a zone change application for the site with the consequent further delay that process would entail. Mr. J. Shivas stated that he was in agreement with Mr. Green's remarks and also that Council could not offer a trade off relative to the development without a public hearing. Mr. T. McCabe commented on issues that another deferral would raise at the administrative level. Councillor M. Wagner stated that it was his view that the heart of the issue under discussion was the parking requirement and it was his concern that the building was going to be demolished before the actual parking requirement was clear and for that reason, it was his position a phased approach to redevelopment should be taken. Councillor M. Wagner commented on the role of the Adaptive Reuse of Industrial Buildings Committee which meets regularly to deal with ways to save industrial buildings and pointed out that its recommendations point to relaxation of established rules in order to achieve its goals. He suggested that the Baetz building could become an excellent example of adaptive reuse. Further, he pointed that the Municipal Plan to be considered by City Council at its next meeting deals with the question of provision of incentives to accommodate building rehabilitation. He gave examples of demolished properties where nothing has replaced them and stated that Council should find an imaginative way to retain the Baetz building at least in the short term as the demolition was premature. Councillor B. Stortz commented that there was a fundamental conflict between the goals of the Adaptive Reuse of Industrial Buildings Committee and the interest of other groups and that the reality of this issue was that the parking requirements would be so deficient to the point that parking inadequacies on the site would affect neighbouring streets. He suggested that it must be understood that in contemplating conversion from industrial uses to commercial uses, a higher parking need is generated. Moved by Councillor M. Wagner Seconded by Councillor T. Galloway That the report of the Local Architectural adopted. Conservation Advisory Committee of this date be A recorded vote was requested. COUNCIL MINUTES MARCH 7, 1994 - 86 - CITY OF KITCI:IENER In Favour: Councillors M. Wagner, T. Galloway, J. Ziegler and M. Yantzi. Contra: Mayor D.V. Cardillo and Councillors C. Weylie, G. Leadston, J. Smola, C. Zehr, G. Lorentz and B. Stortz. (Motion Lost) Moved by Councillor C. Zehr Seconded by Councillor G. Lorentz That the report of the Finance and Administration Committee of this date be adopted. In reference to the deferral of clause 2 which was approved under delegations, Councillor B. Stortz questioned if it would cause the City's Licensing Section a problem and Mr. R.W. Pritchard advised that staff should be able to proceed on the same basis as they did in 1993. Councillor T. Galloway referred to clause 5 dealing with entry qualifications for firefighters and pointed out that a new recruitment process was going ahead inspite of the expectation that there may be further comment from the Ontario Human Rights Commission which would be given consideration for subsequent hirings in future. Councillor G. Lorentz advised that he had carried out a poll of residents in his ward and it would appear they are not in favour of implementing voice mail in City Hall. Councillor J. Ziegler suggested that the recommendation should be amended so as to allow for a partial system with staff recommending those individuals who are deemed essential to have voice mail. Councillor C. Zehr commented that it would be helpful to have a few options in the tender as to the numbers of individuals whom the system might service. Mr. R. Freeborn advised that before any installation staff would bring back details of the tender at which time further direction could be given to staff. A motion by Councillor J. Ziegler, seconded by Councillor C. Zehr to amend clause 7 to ask that the tender include a number of partial user options to a full user system was Carried. Councillor J. Ziegler stated that with respect to clause 1, he was opposed to the reduction in the development charge for certain lots on Burnaby Crescent. He stated that the principals were aware of the situation and decided to proceed regardless and it was his view that all developers should be treated equally. A few members of Council thought the situation was unusual, exceptional and that the developer was legitimately caught in a technicality. Mr. T. McKay commented that Councillor J. Ziegler was supporting the position of the administration on this issue but suggested another alternative may be to split the difference over this issue. A motion by Councillor J. Ziegler, seconded by Councillor B. Stortz to amend clause 1 of the report to provide that the $26,000 shortfall be split on a 50-50 basis between the developer and the City was voted on and lost on a recorded vote. Councillors J. Ziegler, M. Yantzi, J. Smola and B. Stortz voted in favour while Mayor D.V. Cardillo and Councillors T. Galloway, C. Weylie, G. Leadston, C. Zehr, G. Lorentz and M. Wagner voted in the negative. The report was then put to a vote. Voted on clause by clause. Clause 1 - A recorded vote was requested. In Favour: Mayor D.V. Cardillo and Councillors C. Weylie, T. Galloway, G. Leadston, C. Zehr, G. Lorentz and M. Wagner. Contra: Stortz. Councillors J. Ziegler, M. Yantzi, J. Smola and B. Motion Carried. Clause 2 - Dealt with under Delegations and action deferred and referred to a future Council meeting for consideration after COUNCIL MINUTES MARCH 7, 1994 - 87 - CITY OF KITCHENER Councillor B. Stortz holds a meeting with hot dog vendor owner/operators. Clause 7 - Carried (As Amended). Balance of Report - Carried. 3. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler That the report of the Planning and Economic Development Committee of this date be adopted, Councillor J. Ziegler suggested that a joint partnership between the City and Oktoberfest Inc. referred to in clause 1 should be reviewed after two years. Councillor G. Leadston pointed out that there would be an annual review automatically as a result of the budget process. The report was then put to a vote. Moved by Councillor G. Lorentz Voted on clause by clause. Clause 1 - Carried. Balance of Report - Carried. Seconded by Councillor J. Smola That the report of the Community Services Committee of this date be adopted. Councillor J. Smola referred to clause 2 of the report dealing with 8 Bridge Street East and advised that following further discussion, he wished to clarify that the terms and conditions of the lease negotiations include reference to a minimum 10 year lease term, a minimum lease of $7,500 and a maximum $15,000 to convert the heating system on a 50-50 shared basis between the City and the YWCA. A motion by Councillor J. Smola, seconded by Councillor G. Leadston to amend and revise clause 2 of the report in accordance with Councillor Smola's foregoing remarks was voted on and Carried. Some discussion took place with regard to clause 1 of the report and a question was raised as to what the City's policy is with respect to request for rental and grant subsidy and Mr. T. McKay responded that the City does not subsidize parties who were subsidiary to the party renting a facility. The report was then considered. Voted on clause by clause. Clause 1 - A recorded vote was requested. In Favour: Mayor D.V. Cardillo and Councillors T. Galloway, M. Yantzi, G. Leadston and J. Smola. Contra: Councillors J. Ziegler, C. Weylie, C. Zehr, G. Lorentz, B. Stortz and M. Wagner. Motion Lost. Clause 2 - Carried (As Amended). Balance of Report - 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. COUNCIL MINUTES MARCH 7, 1994 - 88 - CITY OF KITCHENER Carried. Councillor G. Leadston stated that he thought there was a standing policy which requests that staff advise Council of the individuals that were behind numbered companies where a request is being made to Council on behalf of these companies. Moved by Councillor G. Leadston Seconded by Councillor B. Stortz That staff advise Council of the principals behind numbered or any company that is making a proposal or requesting an approval from the City. Carried. Councillor G. Leadston referred to the Economic Analysis Report that Mr. G. Borovilos prepared concerning the 264 Victoria Street Redevelopment Proposal discussed this date and questioned if similar reports should be prepared for all such proposals. Councillor C. Zehr stated that given the amount of time and effort required to prepare such reports the question should be raised whether it should be done for all proposals or just controversial situations. Following further discussion, Council directed that staff undertake the preparation of such reports on an as required basis. Councillor J. Ziegler advised that he had distributed a memorandum dated March 4 concerning re- wording of the Implementation Strategies section of the Municipal Plan. Council directed that it be referred to staff for consideration at the March 21 Planning and Economic Development Committee meeting. It was requested that the Noise By-law be placed on a future Finance and Administration Committee agenda with the objective of updating the language and regulations and considering inclusion of the enforcement procedure as part of the by-law. The Legal Department was requested to arrange to consider the matter and bring it forward to the Committee. Councillor G. Lorentz advised that he had sent a memorandum to Council members concerning bus safety and advised that he continues to receive enquiries from the public as to what the City bus safety procedures are. He suggested that the matter should be brought to the Public Works and Transportation Committee for discussion of the issue and what could be discussed at a public meeting in this regard. Mr. R. Freeborn commented that often some ideas sound good on the surface but upon detailed examination, reveal significant problems. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz That staff address the issue of bus safety at a Public Works and Transportation Committee meeting with particular reference to an outline of what issues might be considered at a public meeting dealing with bus operation and safety related issues. Carried. Councillor G. Leadston questioned what the City's legal status was in reference to a recent transit fatality. Mr. J. Shivas advised that an inquest could serve as the public meeting that Council was requesting as very detailed issues would be addressed given its purpose to go into all aspects of public safety. Mr. Shivas advised that he would enquire as to whether there were an intention for an inquest to be held and Councillor G. Leadston suggested that Councillor J. Ziegler's resolution should then be subject to an inquest not being held, that a public meeting take place. Councillor G. Lorentz noted that both Scouts and Girl Guides had a tour of City Hall this evening and were in attendance during portions of the Council meeting and requested that staff notify appropriate Councillors of these visitations. Councillor G. Lorentz advised that he had received a complaint from a resident regarding persons scavenging through garbage placed at the street for collection and questioned what the City's policy was. Mr. J. Shivas advised that he believed that under the Garbage By-law, it was an offence to disturb garbage placed at the curb and that Council would be advised in this regard. COUNCIL MINUTES MARCH 7, 1994 - 89 - CITY OF KITCHENER Councillor M. Wagner pointed out that the Labatt Brier was being pursued for 1997 and advised that the economic infusion to the K-W area for this 10 day event was estimated at $8,000,000. Councillor M. Yantzi requested to be added as a member of two Standing Committees, being the Public Works and Transportation Committee and the Finance and Administration Committee. Moved by Councillor M. Wagner Seconded by Councillor G. Leadston That Councillor M. Yantzi be appointed as a member of the Public Works and Transportation Committee and the Finance and Administration Committee. Carried. Moved by Councillor J. Smola Seconded by Councillor M. Yantzi That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to extend time for the conveyance of lands pursuant to By-law 88-144 - Glasgow Street closed (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 Avalon Place as a public highway in the City of Kitchener (f) To confirm all actions and proceedings of the Council (g) Being a by-law to amend Chapter 315 of The City of Kitchener Municipal Code regarding Development Charges (h) Being a by-law respecting licensing of Lodging Houses and that the same be taken as read a first time and stand referred to the Committee of the Whole. Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor D.V. Cardillo appointed Councillor C. Weylie as chairman. On motion, the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the chair. Moved by Councillor C. Weylie Seconded by Councillor T. Galloway That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed. Carried. Moved by Councillor J. Smola Seconded by Councillor M. Yantzi COUNCIL MINUTES MARCH 7, 1994 - 90- CITY OF KITCHENER That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to extend time for the conveyance of lands pursuant to By-law 88-144 - Glasgow Street closed (By-law No. 94-38) (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. 94-39) (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. 94-40) (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. 94-41 ) (e) Being a by-law to provide for the establishing and laying out of part of Avalon Place as a public highway in the City of Kitchener (By-law No. 94-42) (f) (g) To confirm all actions and proceedings of the Council (By-law No. 94-43) Being a by-law to amend Chapter 315 of The City of Kitchener Municipal Code regarding Development Charges (By-law No. 94-44) (h) Being a by-law respecting licensing of Lodging Houses (By-law No. 94-45) be taken as read a third time, be finally passed and numbered serially by the Clerk. Carried. Before adjournment, Councillor G. Lorentz advised that the Ice Capades were being filmed on Thursday for a special production to be performed on the ABC Television Network at a later date. On motion, the meeting adjourned. MAYOR CLERK PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - That the City of Kitchener agrees to participate with Kitchener-Waterloo Oktoberfest Inc. in a joint partnership to promote economic development by inviting key corporate and business prospects to an exclusive Oktoberfest opportunity structured generally as outlined in the "Corporate Economic Development Proposal" submission presented by Wayne Hussey, Executive Director of K-W Oktoberfest, and further, That we approve an upset limit of $5,000 for this purpose funded from the Economic Development Division budget subject to reduction pending receipt of further private subsidy funding and/or financial participation by the City of Waterloo. That we endorse the submission to the National Research Council by Canada's Technology Triangle (CTT) proposing location of an "Institute for Advanced Manufacturing Technology" within the CTT area, and further, That the Mayor provide a letter of support to the CTT. That the "Proposed By-law" attached to Staff Report PD 94/16 dated February 3, 1994, as revised February 28, 1994 to amend Section 16.7 so as to provide that the Display Permit location not be limited to the face of the sign, representing amendments to Chapter 680 of the Kitchener Municipal Code (Sign By-law) which retain the current method of regulating portable sign use per business and increase that use from 4 to 6 months per business per calendar year; retain the current separation of 50 metres between portable signs located on the same lot; and include a reduction in the corner visibility triangle to 7.5 metres and various other revisions of a housekeeping nature, be approved. That consideration of recommendation "(B)", relative to prohibition of the use of inflatable signs, in Staff Report PD 94/16 be deferred and referred to the April 18th meeting of the Planning and Economic Development Committee. That the following street names be approved for Subdivision 30T-90029 (Monarch Construction Limited): Street "A" - Autumn Ridge Trail Street "B" - Saddlewood Street Street "C" - Woodcrest Court Street "D" - Timber Ridge Court Street "E" - Ridgemount Street Street "F" - Thomas Slee Drive That staff be directed to prepare an Offer to Purchase between the City of Kitchener and Berkshire Building Corporation for 1.974 acres of land being Part 4, 58R-5310 in Phase II of Huron Business Park at a purchase price of $75,000. per acre for a total purchase price of $148,050. That staff be directed to prepare an Offer to Purchase between Berkshire Building Corporation and the City of Kitchener for 2.45 acres being Part 37, 58R-5668 in Phase II of Huron Business Park at a purchase price of $70,000. per acre for a total purchase price of $171,500. COMMUNITY SERVICES COMMITTEE - That we approve the request of CKWR-FM for an in-kind facility rental grant, in the amount of $425.04, for use of the Victoria Park Pavilion on March 18, 1994. (Motion Lost). That we authorize negotiations between the City of Kitchener and the Kitchener YWCA based on the report dated February 17 from Mr. G. Kett and the letter dated February 8 from Ms. D. M'Timkulu relative to terms and conditions for a lease agreement for the purpose of the YWCA COUNCIL MINUTES MARCH 7, 1994 - 99- CITY OF KITCHENER COUNCIL MINUTES MARCH 7, 1994 - 9~- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL operating a non-profit Day Care facility at 8 Bridge Street East subject to the following guidelines: a minimum 10 year lease term, a minimum lease of $7,500 for the first year and the estimated maximum $15,000 cost of converting the premises to a high efficiency gas heating system being shared on a 50/50 basis between the City of Kitchener and the Kitchener YVVCA, and further, That following approval of the YVVCA grant application by the Ministry of Community and Social Services, the Mayor and Clerk be authorized to sign a lease agreement prepared by the City's Legal Department. (As Amended) That the owner of 43 Ashley Court be required to pay the City of Kitchener the sum of $1,500.00 for the damage done to the community trail behind that property, rather than the $5,000.00 previously billed; and further, That the $1,500.00 be charged without penalty or interest; and further, That $1,000.00 be payable within one month and the remaining $500.00 be payable within three months. That we approve the signage for Vogelsang Green as presented to the Community Services Committee on February 28, 1994. That staff be directed to finalize an agreement to provide grass cutting and trimming services to the City of Waterloo relative to the Waterloo portion of Mount Hope Cemetery for 1994; and further, That the Mayor and Clerk be authorized to sign an agreement as prepared by the Legal Department. FINANCE AND ADMINISTRATION COMMITTEE - That development charges for seven of the nine lots created by incorporating, through a severance, Block N with Lots 83 to 89, Burnaby Cres., Registered Plan 1542, be levied at the rate of $1,000.00 per unit with charges for the remaining two lots levied at the rate in effect at the time of building permit application, and further, That the shortfall of approximately $26,000.00 resulting from the above arrangement be treated as a grant to the Development Charge Account and be debited from Capital. That the Street Vendors By-law for 1994 include a subsection restricting the hours of operation for refreshment vehicles to between 9:00 a.m. and 12 midnight each day; and further, That any encroachment agreement prepared in 1994 for the purpose of acknowledging the extension of an existing restaurant licence relative to the operation of a hotdog cart (refreshment vehicle) contain a section restricting the hours of operation for the hotdog cart to between 9:00 a.m. and 12 midnight each day. (Dealt with under delegations and action deferred and referred to a future Council meeting for consideration after Councillor B. Stortz holds a meeting with cart vendor owner/operators). FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) That Council approve an amendment to By-law 91-314 by the addition of the following text to Section 10: COUNCIL MINUTES MARCH 7, 1994 - 93- CITY OF KITCHENER COUNCIL MINUTES MARCH 7, 1994 - 93- CITY OF KITCHENER "lOa. REPORTS ADOPTED BY COUNCIL Notwithstanding Section 10, there shall be a one time exemption of the development charge on a parcel of land for the first addition to an existing non-residential building, of 50% of the existing gross floor area on a parcel to a maximum of five thousand (5,000) square feet." That Council enact a by-law for the licensing of lodging houses in accordance with the draft appended to the report of Ms. L. MacDonald dated February 23, 1994 and amended to include under Section 11 a non-refundable application fee of $250.00 which in the event of a favourable report is to be applied against the initial license fee, and further, That staff assess the feasibility of handing out at the time of application a letter from Waterloo Regional Police Services explaining the Waiver of Trespass Notice. That the Entry Qualifications for the position of Firefighter, as contained in a report from the Employment Equity Review Committee dated August 11, 1993, be amended as follows: a) Acquisition of a DZ Driver's Licence will be a condition of employment rather than a prerequisite for application. Successful candidates will be required to obtain the DZ Licence at their own expense within six months of commencing employment. b) Job-Related Physical Fitness Testing (as available from York or Carleton Universities and successfully completed within the previous twelve months) will be required at the application stage. The City will reimburse the cost of this testing for those candidates who reach the Interview Stage of the process. That the Manager of Licensing be authorized to renew the Amusement Arcade Licence for Victoria Bowlerama, 280 Victoria Street South. That staff be authorized to issue tenders for a Voice Mail System, consisting of a number of partial user options to a full user system. (As Amended). LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE That pursuant to Section 29 of the Ontario Heritaqe Act, the Clerk be authorized to publish a Notice of Intention to Designate the property known municipally as 264 Victoria Street North (Baetz Bros. Furniture Building) as being of historic and architectural significance; and further, That the designation apply to the four elevations, the roof and roof line, capping and timber frame machinery housing on the roof, all window and door openings, of the c. 1910 portion of the building, with the specific reasons for designation being those contained in the sub-committee report considered by the Local Architectural Conservation Advisory Committee on February 4, 1994; and further, That the Local Architectural Conservation Advisory Committee supports the staging of the site plan approval process for this property. (Dealt with under delegations and lost) PUBLIC WORKS AND TRANSPORTATION COMMITTEE 1. That the first hour free parking program at the Market Square, Duke/Ontario and City Hall Garages COUNCIL MINUTES MARCH 7, 1994 - 94- CITY OF KITCHENER COUNCIL MINUTES MARCH 7, 1994 - 94- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL be replaced with a rate structure based on $1.00 for the first three hours and .75 for each half hour thereafter to a maximum of $7.00, and further, That this new rate structure apply to the surface parking lot at Duke and Eby Streets on Saturdays only. That a stop control be installed on Hofstetter Avenue at Cameo Drive, and further, That the Uniform Traffic By-law be amended accordingly. That an all-way stop control be installed at the intersection of Thaler Avenue at Kinzie Avenue, and further, That the Uniform Traffic By-law be amended accordingly. That parking be prohibited at any time on the west (odd numbered) side of Siebert Avenue, from Clark Avenue to Vanier Drive, and further, That parking be prohibited from January 1 to March 31 (Winter Prohibition) on the north/east (even numbered) side of Siebert Avenue, from Clark Avenue to Woodhaven Road, and further, That the Uniform Traffic By-law be amended accordingly. That the school bus loading zone on Prueter Avenue in front of Prueter Public School be extended 10 metres southward to accommodate a total of 4 van sized school buses, and further, That the Uniform Traffic By-law be amended accordingly. That Council proceed on the initiative plan, under Section 12 of the Local Improvement Act, to undertake such works to install a concrete curb, both sides, of Winslow Drive, between Highland Road and Spadina Road, and further, That the City Clerk be directed to publish a notice of intention of Council to undertake the works, by service of it upon the owners of the lots liable to be specially assessed. That we approve the Preliminary 1994 Street Lighting Capital Budget as presented to the Public Works and Transportation Committee on February 28, 1994. COUNCIL MINUTES MARCH 7, 1994 - 96 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS AS LISTED ON THE AGENDA - 2ND READING - Councillor C. Weylie requested clarification of the background to the by-law listed on the agenda under first reading of the by-laws as Item (a). Mr. T. McCabe indicated that it may be related to the medical clinic development or the shopping centre development in the area of University/Fischer- Hallman/Glasgow Streets and that he would respond to Councillor Weylie. It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1 .Quit Claim Deed It was resolved: "That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all rights of the City, contained in paragraph 2 of Schedule "A" to Instrument No. 895893 respecting Part Lot 2, Registrar's Compiled Plan 1478, designated as Part 2 on Reference Plan 58R-5566 and municipally known as 79 Shoemaker Street, Kitchener." 2.Licenses It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Canadian National Institute for the Blind, Ontario Division, to conduct a Monte Carlo event at the Edelweiss Tavern, Kitchener on April 29-May 1, 1994, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Twin City Sertoma Club, 222 Frederick Street South, Kitchener, to conduct a Monte Carlo event at the Valhalla Inn, King and Benton Streets, Kitchener on May 5-7, 1994 inclusive." 3.Annual Collection for Big Sisters It was resolved: "That we approve the University of Waterloo, Engineering Society A, taking up a silver collection along the route of the 1994 Bus Push for the Kitchener-Waterloo and Area Big Sisters Association, to be held on Saturday, March 19, 1994." 4. Petitions for Subsidy It was resolved: "That pursuant to The Public Transportation and Highway Improvement Act, the Mayor and Clerk be authorized to execute Ministry of Transportation Request No. 1 for allocation of subsidy funds for the provision of public transportation services for physically disabled persons for the year 1994 in the amount of $723,555." - and - "That pursuant to The Public Transportation and Highway Improvement Act, the Mayor and Clerk be authorized to execute Ministry of Transportation Request No. 1 for the COUNCIL MINUTES MARCH 7, 1994 - 96- CITY OF KITCHENER COUNCIL MINUTES MARCH 7, 1994 - 96- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES MARCH 7, 1994 - 97 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 4. Petitions for Subsidy (Cont'd) allocation of subsidy funds for public transportation for the year 1994 in the amount of $6,241,370. for the Capital Assistance Program and $3,049,371. for the Transit Operating Assistance Program." - and - "That the Mayor and Clerk be authorized to execute an agreement with Her Majesty the Queen in right of Ontario, as represented by The Minister of Community and Social Services, for subsidy for the 1993 Home Support Services for the Elderly Program in the amount of $146,273." 5.55+ Grant Aqreement It was resolved: "That the Mayor and Clerk be authorized to execute an Agreement with Her Majesty the Queen in right of Canada, represented by the Minister of Employment and Immigration, respecting 55 Plus Personnel Placement under the Outreach Program for the period April 1, 1994 to March 31, 1995, in the amount of $30,566." 6.International Day for the Elimination of Racial Discrimination This item was dealt with under delegations. 7.Contract - Proposal Mr. J. Gazzola advised that the revised proposed price results in a $40,460.00 shortfall and requested that it be treated as an over-expenditure from surplus. It was resolved: "That Proposal P93-14, Woodland Cemetery Mausoleum Crypts/Niches, be awarded to J.C. Maine Construction Co. (Canada) Inc., Unionville at their revised proposed price of $240,150., plus G.S.T. and that a $40,460.00 shortfall be approved as an over-expenditure funded from surplus." 8. Binqo Application It was resolved: "That the Kitchener Dutchmen Junior Hockey Club, 501 Krug Street, Unit 106, Kitchener, be granted permission to conduct bingos on an ongoing basis at 29 King Street East, Kitchener." 9.Offer to Purchase - Kitchener Housinq Inc. - Carwood Avenue It was resolved: COUNCIL MINUTES MARCH 7, 1994 - 97- CITY OF KITCHENER COUNCIL MINUTES MARCH 7, 1994 - 97- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL "That the City of Kitchener accept the offer from Kitchener Housing Inc. to purchase 4153 m2 of vacant land for the sum of $337,500.00; said land is situate on the north side of Carwood Avenue in the City of Kitchener and is legally described as Part of Lot 5, COUNCIL MINUTES MARCH 7, 1994 - 98 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 9.Offer to Purchase - Kitchener Housing Inc. - Carwood Avenue (Cont'd) Registered Plan of Subdivision of Lot 49, German Company Tract and Part of Lot 6, Registered Plan of Subdivision of Lot 52, German Company Tract, and designated as Part 2 on Plan 58R- 7658, and further, That the Mayor and Clerk be authorized to execute the necessary documentation as required by the City Solicitor."