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HomeMy WebLinkAboutCouncil Minutes - 1994-09-26COUNClL\1994-09-26 COUNCIL MINUTES SEPTEMBER 26, 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 T. Galloway, the minutes of the regular meeting held on August 22, 1994, and the special meeting held September 12, 1994, as mailed to the Mayor and Councillors, were accepted. A. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (1) Letter from The Honourable Herb Gray, M.P., acknowledging receipt of Kitchener City Council's resolution dated June 27th relative to its support for the resolution from the City of Vaughn calling for the immediate creation of a permanent voters list for federal, provincial and municipal purposes. (2) Letters from the Prime Minister of Canada; the Premier of Ontario; Via Rail Canada and the City of Brampton responding to Kitchener City Council's resolution dated August 22, 1994 concerning comprehensive national transportation policy and improvements to the passenger rail services between Toronto and Sarnia. Letter from the Town of Halton Hills advising that it had filed Council's resolution relative to this matter. Councillor C. Zehr stated that the City was in receipt of several other letters from municipalities regarding the VIA Rail resolution. Also he pointed out that a letter has been received from the Minister of Transportation for Ontario and based on the content of that letter, Councillor Zehr indicated that there was still a reluctance on the part of the Federal/Provincial levels of government to accept certain responsibility for inter-city rail services. (3) Letter from the Prime Minister of Canada acknowledging receipt of Kitchener City Council's resolution of August 22, 1994 with respect to the reform of the Goods and Services Tax. (4) Letter from Mike Cooper, M.P.P., responding to Kitchener City Council's resolution dated June 27, 1994 regarding the concerns about the Provincial Government's decision to impose a charge on municipalities for supplementary assessments beginning July 1, 1994. Councillor T. Galloway stated that it was his understanding that Kitchener representatives had intended to meet with representatives of area municipalities to discuss the supplementary assessment issue. He pointed out that if the meeting was going to be arranged it was his intent to point out statements made in Mr. Cooper's correspondence that he disagrees with. Mayor D.V. Cardillo indicated he would pursue this matter with the Region of Waterloo. Ms. Valerie Schmidt appeared as a delegation in support of her letter to City Council dated September 21, 1994 dealing with the effect of the Stage 7 Comprehensive Zoning By-law as it relates to the property at 295 Mansion Street owned by her mother, Mrs. Elizabeth Schmidt. She pointed out that at the September 12 meeting of the Planning and Economic Development Committee, the provision in the proposed by-law permitting craftsman shop as part of the Home Business Regulations was deleted and as a result would have a negative consequence on her mother's property which has a triplex dwelling. Ms. Schmidt advised that a proposed purchaser of the property wishes to establish a home business on the property consisting of upholstering the interiors of antique automobiles. Mr. T. McCabe commented that it was appropriate to review any site specific request such as that related to 295 Mansion Street and test the request against Municipal Plan criteria and nuisance factor criteria. He advised that he had personally inspected the property and stated that the department would support a special use provision for the business provided all other regulations can be complied with and also provided that only one vehicle be serviced or upholstered at any one time. Moved by Councillor B. Stortz Seconded by Councillor G. Leadston COUNCIL MINUTES SEPTEMBER ~6, 1994 - 469- CITY OF KITCHENER That the following additional revision be added to clause 3A (the Proposed By-law) of the report of the Planning and Economic Development Committee arising from its September 12 meeting: "Notwithstanding section 5.13.3 of this by-law, within the lands zoned I-2 on Schedule 144 of Appendix 'A', described as Lot 6, Registered Plan 724, upholstery of antique motor vehicles shall be permitted as a home business, subject to the regulations of section 5.13.4 and provided that not more than one motor vehicle may be serviced at any one time (295 Mansion Street)." Carried. Mr. L. Gordon appeared as a delegation to address concerns raised by Council with regard to the tenders listed on the Committee of the Whole Agenda of this date. Councillor T. Galloway questioned Tender T94-6 being reconstruction of Waterloo Street from Victoria Street to Breithaupt Street as to why it was so expensive for such a short distance. Mr. T. McKay advised that approximately $500,000 of the $946,000 cost involved sewer replacement and Councillor J. Smola noted that additional expense was incurred because of the need to tunnel under the CNR railway tracks. In view of the large differential between the Iow tender and the next bid, Councillor C. Zehr questioned if staff were certain that all aspects related to the work were covered off. Mr. L. Gordon advised that the Iow tender was over the City's estimate to do the work and that staff were certain the tender was complete. It was noted that one of the reasons for the lowest tender being in excess of the City's estimate of the cost of the work was the fact that the Federal Infrastructure Program has resulted in firms being more fully committed and less inclined to compete as vigorously as they previously have during the recent recessionary period. Councillor T. Galloway questioned if the City would actually hold over a few projects while the infrastructure program runs its course. Mr. L. Gordon commented that this contract was the last project for this year. Mr. T. McKay advised that the project was fully funded and that it would not be advantageous to hold over work to future years that needs to be done at this time. Councillor M. Wagner referred to Tender T94-66 for Highway Coarse Salt and requested staff to prepare a report for consideration at the next Public Works and Transportation Committee outlining the quantity of salt used last year and anticipated use for this coming winter. Further, he questioned what the City of Kitchener's share of the total tender would be. Mr. T. McKay cautioned that in reporting of any figures relative to salt usage that consideration be given to the fact that as a result of a very harsh winter last year, inventories were significantly depleted and that this year the City would be buying quantities to replace that inventory cushion as well as sufficient quantity for normal winter use. Moved by Councillor G. Lorentz Seconded by Councillor G. Leadston That Quotation Q94-174, 5,216 KG (11,500 LB) G.V.W. Cut-Away RV Cab & Chassis with a 3.6 M (12 FT) Fibreglass Van Body, be awarded to Parkway Ford Sales, Waterloo at their quoted price of $48,534., plus G.S.T. and P.S.T. - and - That tender T94-41, Domestic Water Meters, be awarded to Samson Valve and Meter Inc., Belleville, Ontario at their tendered price of $138,912. plus G.S.T. and P.S.T., which is the City of Kitchener's portion of this co-operative tender. - and - That tender T94-66, Highway Coarse Salt, be awarded to Sifto Canada Inc., Mississauga, Ontario at their tendered price of $652,500., taxes included." - and - That tender T94-6, Waterloo Street Reconstruction (Victoria Street to Breithaupt Street), be awarded to Steed and Evans Limited, Kitchener, Ontario at their tendered price of $946,158.55 (including GST and PST). Carried. SEPTEMBER ~6, 1994 COUNCIL MINUTES -470- CITY OF KITCHENER Mr. T. Clancy appeared as a delegation to promote "Community Parks Week" and a Proclamation in that regard. Mr. Clancy advised that Kitchener was participating as were other communities in recognition of this event and pointed out that the City Hall Rotunda had been decorated in a park theme. He advised that a number of participants have installed exhibits in the Rotunda and commented on a number of the activities taking place during the week which include a free concert in City Hall as part of the program. He then read the Proclamation for Community Parks Week. Mr. Austin Beachey appeared as a delegation to report on information he had gathered since 1992 concerning the mileage claims of City Building Inspectors. He pointed out that the information reveals a large discrepancy between mileage claimed and mileage that can be traced and referred to pages in the report containing a number of examples of this. Mr. Beachey advised that when he first became aware of the issue, he approached the Chief Administrator with the information and subsequently received a reply from the Director of Human Resources. He noted that a meeting with staff was held to discuss the issue and Tax Watch indicated that it would continue to monitor the situation. Mr. Beachey advised that the mileage discrepancies appear to be continuing based on 1994 mileage reports which he has obtained. He indicated that the system is open to abuse and in some instances was being abused and Tax Watch requests that their concern be addressed. Council briefly discussed the issue and indicated its willingness to investigate the request and act if necessary. Moved by Councillor J. Ziegler Seconded by Councillor C. Zehr That the concerns respecting the City's mileage claims system presented by Mr. Austin Beachey on behalf of Tax Watch, along with the submission presented to City Council on September 26, 1994, be referred to Mr. T. McKay, Chief Administrator, for investigation and report to the Finance and Administration Committee and that Mr. Beachey be invited to attend the Committee meeting. Carried. Mr. Howard Magid appeared as a delegation in regard to clauses 8 & 9 of the Planning and Economic Development Committee report arising from its meeting held September 19, 1994. He quoted condition 6 of Staff Report PD 94/60 dealing with Zone Change Application 931221GILM which he submitted on behalf of Autocraft Foreign Cars Inc., 1701 Glasgow Street. Mr. Magid asked that Council re-evaluate the zoning amendment, that he be allowed to substitute metal garage doors in place of wood as fencing material and that it authorize a realistic timeframe to complete site improvements by establishing a December 31, 1994 deadline date. He proposed partial completion of the fence by October 17 and full installation by December 31 and indicated that he intends to comply with other required conditions. In particular he promoted the waste reduction option of garage doors as a viable recycling alternative rather than unnecessary use of wood material. Members of Council posed a number of questions to Mr. Magid and in response he advised that he lived at 54 Pinemeadow Crescent in Waterloo, that he had been in business 8 1/2 years, that he had a used car dealers licence, that he believed the operation was paying business tax and that he was requesting M-4 Zoning to accommodate a salvage yard. In reference to the berm on the boundary of the property, Mr. J. Witmer advised that it was necessary to reduce the height of the berm in places in order to provide for appropriate slopes on which to construct the solid fence. In response to Councillor J. Ziegler, Mr. Magid advised that he would fully co-operate with City staff on all aspects concerning installation of a metal fence if Council was to approve it. Councillor Ziegler suggested that Mr. Magid's request for M-4 Zoning not be approved and alternatively that M-2 Zoning with a special use provision to allow only a salvage yard be approved. He stated that he would support a metal fence provided Mr. Magid works closely with City staff and that such fence could look satisfactory and properly screen the operation. In response to Councillor G. Leadston, Mr. Magid advised that the fence would actually have garage doors both on the outside and inside of the framing structure. Councillor Leadston commented that the maintenance and upkeep requirements of the used garage doors would be excessive in that there would be constant necessity for scraping and painting to maintain appearance. In this regard, Mr. J. Witmer SEPTEMBER ~6, 1994 COUNCIL MINUTES - 471- CITY OF KITCHENER advised that it was absolutely necessary that old garage doors be selected that contained no rust and that they be maintained on a regular basis. He indicated that City staff could oversee selection and installation if that was Council's wish. Mr. Terry Sosnoski, 1767 Glasgow Street, appeared as a delegation in respect to clauses 8 and 9 of the report of the Planning and Economic Development Committee of this date dealing with 1701 Glasgow Street. He advised that his dwelling was one of the closest homes to the subject site and he distributed pictures of the existing operation and commented that he did not understand why anyone would think the property was suitable for M-4 Zoning. Further, he pointed out that 75% of the existing homes in the area were established under Agricultural Zoning. Mr. Sosnoski stressed that the applicant had not made any substantive attempt to clean up the site as requested and that it was his understanding that business and residential taxes were in arrears. On the issue of the request for a metal fence, he stated that it would be easily dented and rust and that given the track record of Mr. Magid, he would never maintain it. Finally, he stated that he had a concern for the impact that Mr. Magid's operation was having on property values in the area and requested that Council not consider the metal fence alternative requested by Mr. Magid. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler That clause 9 of the Planning and Economic Development Committee report of this date (September 19, 1994 meeting) be adopted. Councillor J. Ziegler indicated that he would like to introduce a motion to permit metal garage doors as fencing material provided they were pre-inspected by City staff, properly installed and uniformly painted; however, the chair ruled that such motion was not an amendment and could only be considered if the motion on the floor was lost. The motion of Councillor Weylie to approve clause 9 of the report was then put to a vote and Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler That clause 8 of the Planning and Economic Development Committee report of this date (September 19, 1994 meeting) be adopted. Councillor G. Lorentz stated that he was opposed to referral of consideration of the zone change for 1701 Glasgow Street as outlined in clause 8 of the Committee recommendation. He pointed out that he was opposed because the property has been an eyesore for a number of years, tax arrears, outstanding violations of work orders and unwillingness on the part of the owner to clean up the property. He stated that he would support M-2 Zoning only that would permit the auto parts business but not allow for a salvage operation. Councillor J. Ziegler supported M-2 Zoning with an extension of use to allow a salvage operation as being appropriate if the site was properly fenced and met other criteria. Councillor Ziegler indicated that it was his preference to see the City work with Mr. Magid to clean up the property. Mr. T. McCabe advised that at the official public meeting of the Planning and Economic Development Committee held September 19, 1994, the Committee had approved a motion to refer consideration of the Zone Change Application to another public meeting on October 17, 1994. In view of the referral notice given to residents attending the September 19 meeting, it was not appropriate for Council to take any other action this date respecting consideration of the Zone Change Application. He pointed out that the only reason the fencing request was being considered this date was to obtain the City's consent to the variance required for the fencing along the Glasgow Street property line. The motion of Councillor Weylie to approve clause 8 of the report was then put to a vote and Carried. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson, appeared as a delegation in place of Mr. B. Clarkson, to indicate his support for clause 10 of the report of the Planning and Economic Development Committee of this date arising from the Committee's September 19 meeting. Mr. Britton advised that at the Committee meeting a revision of the proposed by-law took place to increase the minimum lot area from 4,000 square metres to 6,000 square metres and Mr. Clarkson had been requested to advise if this change had any impact on lands that were subject to agreements of purchase and sale. Mr. Britton reported that the by-law revision did not cause any major concern and that clients were in support. SEPTEMBER ~6, 1994 COUNCIL MINUTES -47~- CITY OF KITCHENER Further, he stated that it was his understanding the proposed by-law listed for three readings on the agenda this date would be withdrawn. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler That clause 10 of the Planning and Economic Development Committee report of this date (September 19, 1994 meeting) be adopted. Carried. Mr. P. Britton also appeared as a delegation in support of clause 11 of the report of the Planning and Economic Development Committee of this date arising out of the Committee's September 19 meeting and the related by-law for Zone Change Application 94/11/S/LM (William H. Kaufman Inc.) as well as the by- laws for Zone Change Application 88/28/H/ZJ (Hallman Aberdeen) which were listed on the agenda this date for three readings. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler That clause 11 of the Planning and Economic Development Committee report of this date (September 19, 1994 meeting) be adopted. Carried. Council agreed that three readings would be given to the by-laws as requested by Mr. P. Britton this date. Mr. David Grimm, 270 Doon Valley Dr., appeared as a delegation in regard to the revision made by the Planning and Economic Development Committee at its September 12 meeting to the proposed zoning of a triangular parcel of land fronting on Old Mill Road and Doon Valley Drive which was changed from R-5 to R-3 and direction given that the property owners be advised of the revision. Mr. Grimm confirmed the neighbourhood's support for the change that was made at the Committee meeting. Ms. Maw-Ann Wasilka, 90 Chestnut Street, appeared as a delegation in regard to the 1994 November Municipal Election. She stated that she lives in the Centre Ward and had been under the impression that candidates proposing to run for Ward Councillor were required to live in the Ward in order to run. However, she has learned that Ward residency was not a requirement and noted that almost half of the candidates were from outside of Centre Ward. In this regard, she questioned why Council had moved from election by general vote to election by ward system. Mr. R.W. Pritchard, City Clerk, advised that to qualify as a candidate for election, such candidate need only be a municipal elector and was not required to live in the ward itself. However, he noted that the electors nominating such candidate must be electors living within the ward in which the candidate proposes to run for office. He pointed out that these regulations were contained in the Municipal Elections Act and emphasized that the City of Kitchener had no jurisdiction to require ward residency by a candidate for the office of Councillor. Councillor B. Stortz commented that the point raised by Ms. Wasilka was an issue for Ward electors to deal with. Councillor M. Yantzi stated that electors would have to consider whether representation by a person living outside of their ward will affect their Councillor duties. In response to a further question that was raised, Mr. R.W. Pritchard advised that a non-resident owner or tenant or spouse of a non-resident owner or tenant qualifies as an elector and could run for City Council. Further, it was noted that any municipal elector within the jurisdiction of the School Boards could run for election as a Kitchener representative of either Board. Mayor D.V. Cardillo indicated that the Regional Review may touch on aspects of representation. Councillor M. Wagner stated that in previous elections, candidates have ran who did not live in the ward and that he considered the fact that many candidates were registering to run in Centre Ward to be a healthy sign in terms of the electoral process. Prior to hearing other delegations who wish to appear regarding the recommendation of the Planning and Economic Development Committee arising from its September 12 meeting, pertaining to Stage 7 of the SEPTEMBER ~6, 1994 COUNCIL MINUTES -473- CITY OF KITCHENER City's Comprehensive Zoning By-law, Ms. J. Given reviewed additional revisions proposed in Planning and Development Staff Report PD 94/95 dated September 23, 1994 which was distributed to members of Council with the agenda. In particular, she addressed the letter which Council received from Dr. Judy Ann Chapman with regard to properties on both sides of Glasgow Street from just north of Knell Drive to Silvercrest, Silvercrest, Maple Hill Drive and two properties on Westwood Drive and the representations made by Mr. Andre Probst with regard to 24 Morrison Road. With regard to Dr. Chapman, Ms. J. Given advised that one of the issues of concern was the size of lots requested by Dr. Chapman for R-1 Zoning which is a limited service zoning. She stated that there were serious implications if these properties were zoned R-1 and not R-2 as 62% of the lots in the area do not meet the minimum lot requirement and would require Committee of Adjustment approval should the owners wish to make any alteration to their property in future. With reference to the lot width requirement and a concern over future severance, she advised that with the R-2 zoning a minimum lot frontage of 80 feet was required and that 160 feet would be needed to qualify for severance. She noted that only 6 lots have 160 feet or more frontage and that potential for severance was unrealistic given that location of the dwellings in the centre of the lot would not allow them to meet the lot width requirement for severance and that only one could be severed. Further, Ms. Given pointed out that the R-2 zoning was created with this area in mind. She stated that staff could not support a zoning which would result in legal non-conforming status and pointed out that staff had tree saving issues in mind when the zoning was developed and that there would be further opportunity to ensure tree saving takes place if a severance application affecting any of these properties were received. Ms. Given advised that she had met with Mr. Andre Probst regarding 24 Morrison Road to review details of his sign-making operation. She confirmed that there had been no complaints from the neighbourhood and that the operation was contained in the dwelling as well as four out buildings. However, staff feel the operation does not maintain the intent of a home business operation within the Municipal Plan and Zoning By-law. In terms of scale, the home business regulations would permit 50.0 square metres to be used for the business, whereas this business occupies 118 square metres comprising 54% of the floor area of the dwelling, whereas 25% is allowed. She stated that the by-law permits one employee but she was advised that typically there were three or four employees and that under the by-law there was to be no outside storage of materials related to a home business and the property contained several areas of outdoor storage. She stated that the Committee had directed prohibition of home business signs and that Mr. Probst had several signs identifying his business. On the basis of these matters, staff do not consider this to be a home business in keeping with the intent of the Municipal Plan, but rather a full- fledged commercial operation. Ms. Given also pointed out that additional clauses have been recommended that relate to exclusion of physicians and dentists from the permitted health professionals in a health office. Staff also went further than the Committee's direction and limited the number of professionals to one and reduced parking to one space. Finally, Ms. Given advised that according to Committee direction, notice was given to the owners of the Doon Valley Drive/Old Mill Road property that Committee recommended an R-3 Zone. Mr. T. McCabe pointed out to Council that if Council makes any changes to the proposed Zoning By-law, the Council should by resolution, decide if any further notification is required. Dr. Judy Ann Chapman appeared as a delegation in support of her submission dated September 21, 1994 which was distributed with the Council agenda. She stated that she would drop her request that prohibition of coach houses apply to zoning of properties with septic systems and that she would focus her concern on the lot area issue. She advised that 16 residential lots in the Glasgow Street area exceed 100 feet in width and that 3 other lots were very close to that width. She pointed out that she had presented arguments that were meant to protect the existing trees through the zoning and proposed that if her request for R-1 Zoning was not going to be approved, that the Council undertake proactive promotion to protect the existing trees on private property. Mr. T. Clancy commented that municipalities had worked on a revised Provincial Tree Act for seven years that was lost after two readings in the Provincial Legislature. He stated that it was difficult for any municipality to enforce tree regulations on private property and that the only other alternative was to look to the subdivision process for control. Mr. T. McCabe stated that any lots that would be entitled to severance would have tree policy taken into account as part of the severance consideration. If the redevelopments proposed were considered incompatible with the tree policy, staff would be recommending that the severances not be approved. In summary, he stated that there was substantial SEPTEMBER ~6, 1994 COUNCIL MINUTES -474- CITY OF KITCHENER opportunity to protect trees that would be affected by any proposed development. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi That no action be taken on the request of Dr. Judy Ann Chapman to change the proposed zoning within the Stage 7 Comprehensive Zoning By-law from R-2 to R-1 on certain lands on part of Glasgow Street, Silvercrest, Westwood and Maple Hill Drive. Carried. Mr. Andre Probst, 24 Morrison Road, appeared as a delegation respecting the latest staff recommendation in PD.94/95 wherein it is recommended that Council not support a revision to the by- law to permit a craftsman shop for custom sign making as a home business at 24 Morrison Road. Mr. T. McCabe advised Council that the business of Mr. Probst at 24 Morrison Road was not lawfully in existence and could not be considered legal non-conforming, and not in compliance with the Municipal Plan. He stated that if Council was to support the manufacturing business of Mr. Probst, it would have to modify the Municipal Plan and approve a special use provision for the R-6 Zoning. Mr. Probst distributed pictures of his property that outlined the fact that the property was well-screened by natural vegetation from surrounding properties and had only very small signs identifying his sign making business. Pictures were also shown of his residence, the shop and other structures that are really just fabric covered tents in which materials are stored. Mr. Probst advised that he wished to clarify certain issues. He stated that staff consider the business not to be a home business under the definition; however, he pointed out that he has only one full-time employee and one part-time employee and occasionally sub-contracts work to two or three helpers to complete a job normally on a client's property and not on his. He then commented on the size of the business as it relates to the main accessory building and that the shop actually serves primarily as a garage. He noted that a mobile trailer is also used but was not a building and that outdoor storage was well screened through the natural vegetation surrounding his property. Further, he stated that normally there were only one or two clients per day and that no complaints have been received from residents about the operation especially in view of the fact that all heavy work is sub-contracted to specialists who are located in industrial zones. Finally, he stated that the property was primarily his residence and requested that he be legally permitted to operate on a legal non-confirming basis within the R-6 Zone. In response to Councillor B. Stortz, Mr. T. McCabe advised that in staff's view the sign manufacturing operation was a Service Commercial use requiring an Official Plan and Zoning By-law Amendment and Councillor Stortz questioned what the necessary wording would be to accommodate the request. Moved by Councillor J. Ziegler Seconded by Councillor G. Leadston That the following revisions be added to clause 3A (the Proposed By-law) and 3B (the Municipal Plan) respectively of the report of the Planning and Economic Development Committee arising from its September 12, 1994 meeting: 3A "Notwithstanding Section 40.2.5, within the lands zoned R-6 on Schedule 287 of Appendix "A", described as Part of Lot 53, German Company Tract, Part of Lot 12, Beasley's Old Survey, and Part of Lot 2, Municipal Compiled Plan 987, more particularly described as Parts 2 to 9 inclusive and Parts 11 and 12, Plan 58R-5522, a craftsman shop only for a sign-making business shall also be permitted, in accordance with the regulations set out in Section 12.2", (24 Morrison Road) and further, 3B "That notwithstanding the designation of Low Rise Residential, on lands legally described as Part of Lot 53, German Company Tract, Part of Lot 12, Beasley's Old Survey, and Part of Lot 2, Municipal Compiled Plan 987, more particularly described as Parts 2 to 9 inclusive and Parts 11 and 12, Plan 58R-5522, a craftsman shop only for a sign-maing business shall also be permitted and that Map 8 to the Municipal Plan be revised accordingly to identify this special policy area." (24 Morrison Road). SEPTEMBER ~6, 1994 COUNCIL MINUTES - 475- CITY OF KITCHENER In response to Councillor C. Zehr, Mr. Probst advised that with regard to the issue of outdoor storage, he was willing to agree not to remove any existing natural screening unless he replaced it with something such as a wooden fence that would provide for full privacy screening. Councillor M. Wagner questioned why there were five business signs erected on that property and Mr. Probst advised that he would remove signs that were currently on trees if requested. The motion of Councillor J. Ziegler was then put to a vote and Carried. Mr. Ulrich Furtmair appeared as a delegation on behalf of Furtmair Auto Services Inc., 51 Bridge Street East, in regards to the Stage 7 Comprehensive re-zoning where an E-1 Zoning was proposed for his property which would limit expansion of his business. He illustrated the location of his property and building location and requested approval for a special use provision that would allow for substantial expansion of existing buildings. Council discussed the request and it was pointed out that the issue of a special policy area designation for the Bridgeport area received substantial discussion at the September 12 meeting of the Planning and Economic Development Committee as outlined on pages 160 and 161 of those minutes. Mr. J. Willmer advised that the E-1 Zone would limit use of the property to the legally existing use or a similar use and that a resolution had been adopted to provide for a fast track process for properties in the E-1 Zone to accommodate Zone Change Applications for a change of use. Mr. Willmer stated that the delegation's main concern was the limitation to expand his business and that in this regard there were two levels of regulation. Firstly, through the Zoning By-law, the E-1 Zone allows for a 25% increase of all buildings and secondly, the G.R.C.A. Regulations limit expansion through regulations that already exist. If the G.R.C.A. was willing to consider a fill permit for expansion in excess of 25%, then Mr. Furtmair could make an application to the Committee of Adjustment for approval of a variance in this regard. Councillor M. Yantzi advised Mr. Furtmair that there was flexibility, but that the G.R.C.A. must give its consent through a fill construction permit. Mr. T. McCabe commented that Mr. Furtmair had not met with staff to discuss the zoning issue and after further discussion, Council requested that Mr. Furtmair meet with staff to review his possible future development plans and options in that regard under the E-1 Zoning. Moved by Councillor C. Weylie That only home offices and not all home businesses be permitted in the R-2 Zone under the Stage 7 Comprehensive Zoning By-law. Motion not voted on as it failed to receive a seconder. 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 (September 12, 1994 meeting). Councillor C. Zehr raised the issue of prohibition of specialized health professionals (general practitioners, family physicians and dentists) as a home business as outlined on page 2 of Staff Report PD 94/95. Following a reply by Mr. J. Willmer, Councillor Zehr confirmed that it was his understanding that though the term of physician was broad, other physicians, who do not attract many clients, and who were excluded within the proposed by-law, would have the opportunity to come back through the planning process to qualify as a home business. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler That clause 3 of the report be amended to include the changes and revisions agreed to in the September 12, 1994 meeting minutes of the Planning and Economic Development Committee and also be amended as follows: That the 'Proposed By-law', dated August 18, 1994, attached to PD 94/80, revised per PD 94/92, be further revised as follows (with reference to section numbers of Proposed By- law): 1. Section 8 of Proposed By-law: Section 5.13 is hereby amended by: COUNCIL MINUTES SEPTEMBER 96, 1994 - 476- CITY OF KITCHENER a) adding to Section 5.13.1 the phrase '(not including physician or dentist)' after the phrase 'Health Office'; b) deleting from clause 5.13.2(i) the phrase "a health office; in which case there shall be provided one space for each dwelling unit, one space for any non- resident employee and three spaces shall be provided for each health professional in attendance at any one time;" c) adding a new Clause 5.13.2(p) as follows: "A health office shall not have more than one health professional in attendance at any one time." That Council not support a revision to the By-law to permit a craftsman shop for custom sign-making as a home business at 24 Morrison Road. Sections 38 and 39 of Proposed By-law are amended by renumbering subsection 199 of Appendix 'C' as subsection 207 of Appendix 'D' (Westberry Homes, Bankside Drive at Westforest Trail). That the lands owned by DGF Investments on the east side of Homer Watson Boulevard south of Block Line Road be removed from the Stage 7 by-law, as the lands are being rezoned by Application ZC 93/15/HW/ZJ, and that Maps 101, 102, 111 and 112 be revised accordingly. That the lands owned by Waterloo Region Credit Union at 79 Fergus Avenue be removed from the Stage 7 by-law, as the lands are being rezoned by Application ZC 94/4/F/PMC, and that Map 164 be revised accordingly. That Block 124, Plan 30T-90029 (Pinnacle Drive) be zoned R-6, rather than R-3, in the Stage 7 By-law and that Map 201 be revised accordingly. That Map 19 be deleted and substituted therefore by the revised Map 19 appended to ReportPD 94/95, to adjust the boundary between the R-2 and R-3 Zones on lands owned by William Roberts at 715 Glasgow Street. That Council consider the above changes to the by-law as minor in nature and not require any further notice to be given prior to the passing of the proposed by-law for Zone Change Application ZC 94/01/TC/JG. Carried. The report, including the above amendments, as well as amendments agreed to under delegations, was then put to a vote. Voted on clause by clause Clause 2 & 3 - Carried (As Amended). Balance of report - Carried. 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 (September 19, 1994 meeting). Councillor T. Galloway referred to clause 6 dealing the Tree Management Policy and congratulated staff on the quality of the document. However, he stated that he objects to the provision dealing with lots of 13.7 metres or less which he considers to give builders authority to clear cut lots in order to construct homes. Councillor Galloway indicated that with this provision, builders would be less inclined to co- operate in tree saving and that clear cutting was more likely to take place. For this reason, he stated that he was opposed to clause 6. Voted on clause by clause. SEPTEMBER ~6, 1994 COUNCIL MINUTES - 477- CITY OF KITCHENER Clause 6 - Carried. Clauses 8, 9, 10 & 11 - Dealt with under Delegations and Balance of report - Carried. On motion by Councillor C. Weylie seconded by Councillor J. Ziegler, it was resolved that staff send a letter by registered mail to Mr. Howard Magid outlining to him exactly what Council's expectations were regarding his property and that staff immediately take photographs of the existing salvage operation at 1701 Glasgow Street for the record. Moved by Councillor G. Lorentz Seconded by Councillor B. Stortz That the report of the Community Services Committee of this date be adopted. Councillor M. Wagner expressed concern that clause 6 should be written in such a way as to clarify that the clock tower was not a City project but rather a community project. Councillor J. Ziegler agreed that community funding was required and Councillor Leadston pointed out that the Committee resolution as worded inplies the City would be responsible for erection of the clock tower. On motion by Councillor C. Zehr seconded by Councillor M. Wagner, it was agreed that clause 6 be amended to substitute the words "investigate the restoration and funding" in place of the word "erect" and add the words "as a community funded project" after the words "Victoria Park". The report was then considered. Voted on clause by clause. Clause 6 - Carried (As Amended). Balance of report - Carried. Moved by Councillor J. Ziegler Seconded by Councillor T. Galloway That the report of the Environmental Committee of this date be adopted. In reference to clause 1 of the report dealing with a by-law pertaining to compost containers and digesters and the by-law listed on the agenda for three readings this date, Councillor J. Ziegler advised that Region of Waterloo staff late today had requested an opportunity to comment on an aspect of the by-law prior to adoption. Councillor J. Ziegler stated that he was opposed to the Region's deferral request and invited them to attend the October 5 meeting of the Environmental Committee at which time their request for revision to the by-law could be considered. The report was then put to a vote and Carried. Moved by Councillor C. Zehr Seconded by Councillor B. Stortz That the report of the Finance and Administration Committee of this date be adopted. A general discussion took place with regard to recommendations 1-4 concerning dogs. Councillor J. Ziegler stated that at the September 19 Committee meeting, three motions had been made and that he wished to bring one motion forward at this time since recent events in his view make immediate action absolutely necessary in respect to vicious dogs. It was pointed out that a meeting was to be held on October 3 to consider these matters. Some additional discussion took place and it was agreed that the proposed motion which Councillor Ziegler distributed this date be considered at the October 3 meeting, as well as an additional suggestion that further amendment be made to the Municipal Code to make it an offence in the by-law for a child to walk a vicious dog. The report was then put to a vote. SEPTEMBER ~6, 1994 COUNCIL MINUTES -478- CITY OF KITCHENER Voted on clause by clause. Clauses 1-4 - Carried. Balance of report - Carried. Moved by Councillor M. Wagner Seconded by Councillor T. Galloway That the report of the Local Architectural Conservation Advisory Committee be adopted. 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. Carried. Councillor T. Galloway issued a reminder to the community that Thursday, September 29, 1994 has been declared "Dom Cardillo Day" in the City of Kitchener, City of Waterloo and the Regional Municipality of Waterloo. He noted that a number of events were planned in recognition of the Mayor's public service and upcoming retirement including: a morning radio program, a supplement in the K-W Record and a reception/dinner at the Kitchener Memorial Auditorium Complex. Councillor Galloway extended an invitation to all members of the community to participate. Councillor J. Ziegler referred to a copy of a letter received from Mr. T. McKay regarding deposits on glass containers and recommended that the position outlined in the letter be endorsed and sent to the Region of Waterloo requesting support. Moved by Councillor J. Ziegler Seconded by Councillor G. Leadston That the letter dated September 22, 1994 from Mr. T. McKay to Mayor D.V. Cardillo and Kitchener Regional Councillors dealing with the Canadian Industry Packaging Stewardship Initiative (CIPSI) Proposal be endorsed and forwarded to the Region of Waterloo for support. Carried. Moved by Councillor B. Stortz Seconded by Councillor M. Yantzi That we approve a grant of $400 to offset the cost of rental, setup, take down and cleanup of the upper level of the Kitchener Farmers' Market by ACCKWA in connection with their local Aids Walk on Sunday, October 2, 1994. Carried. Councillor C. Weylie suggested that a letter of congratulations should be sent to the Mayor of the Township of Wilmot relative to the restoration of the Castle Kilbride property. Mayor D.V. Cardillo indicated he would provide such letter on behalf of City Council. Councillor B. Stortz referred to the change in school starting times that was made by the Boards of Education in September to achieve cost savings in the Boards transportation budgets for student busing. In particular, he referred to comments of the Board suggesting that the City of Kitchener had not made its position known to the Board and Mr. T. McKay advised that he had spoken to the Director of Education and it was their interpretation the City had not communicated the problems that it foresaw. Councillor B. Stortz strongly disagreed with that interpretation and pointed out that a meeting of City/School officials was held and that members of Council attending had pointed to specific problems that would arise in this SEPTEMBER ~6, 1994 COUNCIL MINUTES - 479- CITY OF KITCHENER matter. At the request of Mr. R.W. Pritchard, City Clerk, Council consented to the removal of the by-law listed on the agenda for three readings relative to Zone Change Application 94/09/G/JG. Moved by Councillor J. Smola Seconded by Councillor C. Zehr That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend By-law 4830 known as the Zoning By-law - Hallman Aberdeen Limited -Huron Road and Biehn Drive - No. 881281HIZJ (b) Being a by-law to amend By-law 85-1 known as the Zoning By-law - Hallman Aberdeen Limited -Huron Road and Biehn Drive - No. 881281HIZJ (c) Being a by-law to amend By-law 85-1 known as the Zoning By-law - City of Kitchener - Wellington Street North - No. 92/36/W/ZJ (d) Being a by-law to renumber a certain property and premises on Hartwood Avenue in the City of Kitchener (e) Being a by-law to provide for the widening of part of Groh Drive as a public highway in the City of Kitchener (f) Being a by-law to provide for the widening of part of Dodge Drive as a public highway in the City of Kitchener (g) Being a by-law to provide for the widening of part of Woolwich Street as a public highway in the City of Kitchener (h) Being a by-law to provide for the widening of part of Carwood Avenue as a public highway in the City of Kitchener (i) Being a by-law to provide for the widening of part of Mill Street as a public highway in the City of Kitchener (J) Being a by-law to exempt a certain lot from Part Lot Control - Lot 6, Registered Plan 1791 - Dawn Ridge Drive (k) Being a by-law to exempt a certain lot from Part Lot Control - Lot 107, Registered Plan 1773 - Schueller Street (i) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement (m) Being a by-law to amend Chapter 530 of The City of Kitchener Municipal Code with respect to Dogs (n) Being a by-law to amend Chapter 650 of The City of Kitchener Municipal Code with respect to Lot Maintenance (o) Being a by-law to amend Chapter 683 of The City of Kitchener Municipal Code regarding Site Plan Control (p) To confirm all actions and proceedings of the Council (q) Being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs (r) Being a by-law to amend By-law 93-192, known as an Interim Control By-law (s) Being a by-law to amend By-law 85-1 - K. Halwachs - Marlborough Drive - No.94/10/MNL SEPTEMBER ~6, 1994 COUNCIL MINUTES - 480- CITY OF KITCHENER (t) (u) (v) (w) (x) (Y) (z) (aa) (bb) (cc) (dd) Being a by-law to amend By-law 85-1 known as the Zoning By-law - St. Leger Street Comprehensive Development Area - No. 93/10AN/LM Being a by-law to amend By-law 85-1 known as the Zoning By-law - William H. Kaufman Inc. - Shirley Avenue - No.94/11/S/LM Being a by-law to amend By-law 85-1 known as the Zoning By-law - Wellington Street Residential Area - No. 93/18AN/LM To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon 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 (ee) Being a by-law to amend Chapter 877 of the City of Kitchener Municipal Code with respect to snow removal from downtown sidewalks 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 T. Galloway as Chairman. On motion, the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the Chair. Moved by Councillor T. Galloway Seconded by Councillor J. Ziegler 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 J. Smola Seconded by Councillor C. Zehr That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to amend By-law 4830 known as the Zoning By-law - Hallman Aberdeen Limited -Huron Road and Biehn Drive - No. 88/28/H/ZJ SEPTEMBER 96, 1994 COUNCIL MINUTES - 481- CITY OF KITCHENER (b) (c) (d) (By-law No. 94-149) Being a by-law to amend By-law 85-1 known as the Zoning By-law - Hallman Aberdeen Limited -Huron Road and Biehn Drive - No. 88/28/H/ZJ (By-law No. 94-150) Being a by-law to amend By-law 85-1 known as the Zoning By-law - City of Kitchener - Wellington Street North - No. 92/36/VV/ZJ (By-law No. 94-151 ) Being a by-law to renumber a certain property and premises on Hartwood Avenue in the City of Kitchener (By-law No. 94-152) (e) (f) (g) (h) (i) (J) (k) (i) (m) Being a by-law to provide for the widening of part of Groh Drive as a public highway in the City of Kitchener (By-law No. 94-153) Being a by-law to provide for the widening of part of Dodge Drive as a public highway in the City of Kitchener (By-law No. 94-154) Being a by-law to provide for the widening of part of Woolwich Street as a public highway in the City of Kitchener (By-law No. 94-155) Being a by-law to provide for the widening of part of Carwood Avenue as a public highway in the City of Kitchener (By-law No. 94-156) Being a by-law to provide for the widening of part of Mill Street as a public highway in the City of Kitchener (By-law No. 94-157) Being a by-law to exempt a certain lot from Part Lot Control - Lot 6, Registered Plan 1791 - Dawn Ridge Drive (By-law No. 94-158) Being a by-law to exempt a certain lot from Part Lot Control - Lot 107, Registered Plan 1773 - Schueller Street (By-law No. 94-159) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement (By-law No. 94-160) Being a by-law to amend Chapter 530 of The City of Kitchener Municipal Code with respect to Dogs SEPTEMBER ~6, 1994 COUNCIL MINUTES - 48~- CITY OF KITCHENER (n) (o) (P) (q) (r) (s) (t) (u) (v) (w) (x) (Y) (z) (By-law No. 94-161 ) Being a by-law to amend Chapter 650 of The City of Kitchener Municipal Code with respect to Lot Maintenance (By-law No. 94-162) Being a by-law to amend Chapter 683 of The City of Kitchener Municipal Code regarding Site Plan Control (By-law No. 94-163) To confirm all actions and proceedings of the Council (By-law No. 94-164) Being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs (By-law No. 94-165) Being a by-law to amend By-law 93-192, known as an Interim Control By-law (By-law No. 94-166) Being a by-law to amend By-law 85-1 - K. Halwachs - Marlborough Drive - No.94/10/MNL (By-law No. 94-167) Being a by-law to amend By-law 85-1 known as the Zoning By-law - St. Leger Street Comprehensive Development Area - No. 93/10AN/LM (By-law No. 94-168) Being a by-law to amend By-law 85-1 known as the Zoning By-law - William H. Kaufman Inc. - Shirley Avenue - No.94/11/S/LM (By-law No. 94-169) Being a by-law to amend By-law 85-1 known as the Zoning By-law - Wellington Street Residential Area - No. 93/18AN/LM (By-law No. 94-170) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (By-law No. 94-171 ) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (By-law No. 94-172) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (By-law No. 94-173) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener SEPTEMBER 96, 1994 COUNCIL MINUTES - 483- CITY OF KITCHENER (aa) (bb) (cc) (dd) (ee) (By-law No. 94-174) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (By-law No. 94-175) 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. 94-176) 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. 94-177) 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. 94-178) Being a by-law to amend Chapter 877 of the City of Kitchener Municipal Code with respect to snow removal from downtown sidewalks (By-law No. 94-179) be taken as read a third time, be finally passed and numbered serially by the Clerk. On motion, the meeting adjourned. Carried. MAYOR CLERK PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (September 12, 1994) That the following be approved with respect to future zone change applications received for properties in the E-1 zone: - the application fee be waived on a one time basis for each property - the neighbourhood circulation process be eliminated and the agency circulation be reduced/limited unless concerns require further discussion and resolution - the application receive "fast track" priority processing by the Department of Planning and Development. That physicians and dentists be prohibited from locating as a home business in residential zones. (As Amended). That the attached "Proposed By-law", dated August 18, 1994, representing amendments to By-law 85-1, being the seventh stage of the City's Comprehensive Zoning By-law for the primary purpose of applying the new Residential Zones to the "outer area" neighbourhoods and zoning certain other properties throughout the City, as revised September 12, 1994 and further revised September 26, 1994 to include the revisions listed hereunder, be approved, without conditions: 1. Section 8 of Proposed By-law: Clause 5.13 is hereby amended by: a) adding to Section 5.13.1 the phrase "(not including physician or dentist)" after the phrase "Health Office"; b) deleting from clause 5.13.2(i) the phrase "a health office; in which case there shall be provided one space for each dwelling unit, one space for any non-resident employee and three spaces shall be provided for each health professional in attendance at any one time;" c) deleting from clause 5.13.2(k) the phrase "not more than five customers" and substituting the phrase "not more than three customers". d) adding a new clause 5.13.2(p) as follows: "A health office shall not have more than one health professional in attendance at any one time." Section 12 of Proposed By-law: Item ii) of Subclause c) of Section 6.1.1 is amended by deleting "50% of the lot width" and substituting "65% of the lot width". Section 35 of Proposed By-law: Section 48.2 is amended by adding to the end of the third paragraph the phrase "or to the parking of the trailer component of a tractor trailer or semi- trailer." Section 36(b)(iii) of Proposed By-law: The list of Schedules is amended to include Map numbers for certain Schedules as follows: "Schedules Numbered ... 13 (Map 14), 15 (Map 16), 16 (Map 17), 18, 19, 20, 21, 22, 23, 24 (Maps 19-25)..." Section 38 of Proposed By-law: Subsection 180 is deleted and the following subsection substituted: "180. Notwithstanding anything else in this By-law, within any lands shown in Appendix "A" as affected by this Subsection: a) office use shall be permitted up to 100 per cent of the gross floor area to a maximum floor space ratio of 0.5; PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 3. (Cont'd) b) computer, electronic and data processing businesses; research and development establishments; and scientific, technological or communications establishments shall be permitted to a maximum floor space ratio of 0.5; SEPTEMBER ~6, 1994 COUNCIL MINUTES - 485- CITY OF KITCHENER COUNCIL MINUTES SEPTEMBER ~6, 1994 - 485- CITY OF KITCHENER c) REPORTS ADOPTED BY COUNCIL all other regulations for the zone in which the lot is located shall apply, and in the case of a zone having regulations for office, those additional regulations shall apply." Section 38 of Proposed By-law: Subsections 183 and 190 are amended by deleting the phrase "dwelling units" and substituting the phrase "those uses prohibited by Section 48.2". Section 38 of Proposed By-law: Subsection 185 and 186 are amended by adding the phrase "except that the minimum lot area and minimum lot width shall be the lot area and lot width existing on and the minimum yard abutting a non-residential zone shall be 3.0 metres" after the phrase "in accordance with the regulations set out in Section 34.3" Section 38 of Proposed By-law: Subsection 191 is deleted and the following subsection substituted: "191. Notwithstanding Sections 45.1 and 45.3.10 of this By-law, within the lands zoned CR-2 on Schedules 43 and 44 of Appendix "A", restaurant shall also be permitted in accordance with Sections 45.3.1 and 45.3.6 and personal services shall not be required to be located within a multiple dwelling or mixed commercial-residential building." Section 38 of Proposed By-law: The following new subsections are added to Appendix "C": "199. Notwithstanding Section 40.2.5, within the lands zoned R-6 on Schedules 20 and 21 of Appendix "A", described as Blocks 10 and 11, Registered Plan 1790, the minimum sideyard for street townhouse dwellings shall be 1.82 metres." "200. Notwithstanding Section 8.1, within the lands zoned C-2 on Schedules 128 and 129 of Appendix "A", described as Part of Lot 59, German Company Tract and Lots 21 to 15 inclusive and Part of Lot 20, Registered Plan 577: the following additional uses shall be permitted in accordance with the regulations set out in Section 40.2: Duplex Dwelling; Dwelling Unit; Home Business; Lodging House; Multiple Dwelling; Private Home Day Care; Residential Care Facility; Semi-detached Dwelling; Single Detached Dwelling; Street Townhouse Dwelling; PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 3. (Cont'd) ii) the following uses shall be prohibited: Automobile Service Station; Carwash; SEPTEMBER 96, 1994 COUNCIL MINUTES - 486- CITY OF KITCHENER COUNCIL MINUTES SEPTEMBER 96, 1994 - 486- CITY OF KITCHENER iii) REPORTS ADOPTED BY COUNCIL the following special regulations shall apply for all uses other than those listed in (i) above: Minimum Lot Area 500 square metres Minimum Lot Width 12 metres Minimum Side Yard 1.2 metres Maximum Gross Leasable Commercial Space for Retail No single retail outlet shall exceed 225.0 square metres" 10.Section 38 of Proposed By-law: Subsection 175 is amended by deleting the phrase "13.0 metres" and substituting the phrase "12.0 metres". 11 .Sections 38 and 39 of Proposed By-law are amended by renumbering subsection 199 of Appendix "C" as subsection 207 of Appendix "D" (Westberry Homes, Bankside Drive at Westforest Trail). 12. Section 39 of Proposed By-law: The following new subsections are added to Appendix"D": "205. Notwithstanding Section 37.2.1, within the lands zoned R-3 on Schedules 14 and 15 of Appendix "A", described as Lots 25 to 62, Registered Plan 1689, the minimum lot widths shall be as follows: a) b) c) d) 11.0 metres within Lots 31 to 39 12.2 metres within Lots 40 to 62 12.7 metres within Lots 25 to 30 12.5 metres for a corner lot, except in the case of a corner lot located at the intersection of streets both having widths of more than 18.0 metres, in which case the minimum corner lot width shall be 15.0 metres." "206. Notwithstanding Section 6.1.1 b) iv), within the lands zoned R-4 on Schedule 21 of Appendix "A", described as Lot 9, Registered Plan 1790 and Lot 26, Registered Plan 1791, the driveway leading to a required off-street parking space shall not be located closer than 11.05 metres for Lot 9, Registered Plan 1790 and 11.49 metres for Lot 26, Registered Plan 1791 ." 13. Section 42 of Proposed By-law is deleted and the following substituted: "42 (a) This By-law shall come into effect upon approval, by the Minister of Municipal Affairs or his designate, of By-law 94-90, a by-law to adopt the City's Municipal Plan, but upon such approval, the provisions hereof affecting the lands herein shall be deemed to have come into force on the date of passing hereof. (b) Notwithstanding subsection (a) above, in the event that part of the Municipal Plan is referred to the Ontario Municipal Board and such referral does not affect lands within this By-law, and the remainder of the Municipal Plan is approved, this By-law shall come into effect." PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 3. (Cont'd) 14. By-law 85-1 is further amended by: SEPTEMBER 96, 1994 COUNCIL MINUTES - 487- CITY OF KITCHENER COUNCIL MINUTES SEPTEMBER 96, 1994 - 487- CITY OF KITCHENER a) REPORTS ADOPTED BY COUNCIL adding a new heading following Section 5.6.3. as follows: "5.6APERMITTED YARD PROJECTIONS FOR DWELLINGS IN RESIDENTIAL, INSTITUTIONAL AND COMMERCIAL-RESIDENTIAL ZONES" b) renumbering Sections 5.6.4, 5.6.5, 5.6.6 and 5.6.7 as 5.6A. 1, 5.6A.2, 5.6A.3 and 5.6A.4. 15. By-law 85-1 is further amended by adding Section 5.25 as follows: "5.25 DUPLEXES AND SECOND DWELLING UNITS IN SEMI-DETACHED HOUSES AND TOWNHOUSES Notwithstanding anything else in this by-law a second dwelling unit in a semi-detached house or townhouse, or a duplex shall only be permitted on lots serviced by a Municipal sewage system." 16. By-law 85-1 is further amended by adding to Sections 36.2.1 and 37.2.1 the following: "Location of Duplex Only on lots serviced by a Municipal sewage system" 17. By-law 85-1 is further amended by deleting Section 40.2.1 in its entirety and adding the following to Section 40.2.6: "Maximum Floor Space Ratio 18.That the lands owned by DGF Investments on the east side of Homer Watson Boulevard south of Block Line Road be removed from the Stage 7 by-law, as the lands are being rezoned by Application ZC 93/15/HW/ZJ, and that Maps 101,102, 111 and 112 be revised accordingly. 19.That the lands owned by Waterloo Region Credit Union at 79 Fergus Avenue be removed from the Stage 7 by-law, as the lands are being rezoned by Application ZC 94/4/F/PMC and that Map 164 be revised accordingly. 20.That Block 124, Plan 30T-90029 (Pinnacle Drive) be zoned R-6, rather than R-3, in the Stage 7 By-law and that Map 201 be revised accordingly. 21 .That Map 19 be deleted and substituted therefor by the revised Map 19 appended to Report PD 94/95, to adjust the boundary between the R-2 and R-3 Zones on lands owned by William Roberts at 715 Glasgow Street. 22. Maps 3, 15, 16, 21, 22, 31, 46, 71, 78, 79, 147, 164, 183, 185 and 203 are deleted and substituted therefor by the revised Maps 3, 15, 16, 19, 21, 22, 31, 46, 71, 78, 79, 147, 164, 183, 185 and 203 appended to Report PD 94/92. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 3. (Cont'd) SEPTEMBER ~6, 1994 COUNCIL MINUTES - 488- CITY OF KITCHENER COUNCIL MINUTES SEPTEMBER ~6, 1994 - 488- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 23.That the following special use provision be added with respect to 295 Mansion Street: "Notwithstanding Section 5.13.3 of this by-law, within the lands zoned I-2 on Schedule 144 of Appendix "A" described as Lot 6, Registered Plan 724, upholstery of antique motor vehicles shall be permittted as a home business, subject to the regulations of Section 5.13.4 and provided that not more than one motor vehicle may be serviced at any one time. Further, that Schedule 144 be revised accordingly." 24.That the following special use provision be added with respect to 24 Morrison Road: "Notwithstanding Section 40.2.5, within the lands zoned R-6 on Schedule 287 of Appendix 'A', described as Part of Lot 53, German Company Tract, Part of Lot 12, Beasley's Old Survey, and Part of Lot 2, Municipal Compiled Plan 987, more particularly described as Parts 2 to 9 inclusive and Parts 11 and 12, Plan 58R-5522, a craftsman shop only for a sign-making business shall also be permitted, in accordance with the regulations set out in Section 12.2. Further, that Schedule 287 be revised accordingly." 25.That the proposed by-law be changed respecting 611-623 Lancaster Street so as to shift the flood fringe (E-l) line on the rear portion of the property in order to reduce the area at the rear of the property affected by the E-1 zone and Map No.80 be revised accordingly based on the fill permit issued by the Grand River Conservation Authority. 26.That the proposed zoning of 78 Woolwich Street be changed from R-3 to R-6 and Map No.81 be revised accordingly. 27.That the proposed zoning of a triangular parcel of land fronting Old Mill Road and Doon Valley Drive be changed from R-5 to R-3 and Map No. 227 be revised accordingly. 28.That Phase 2 of the Countryside development of Freure Developments be removed from the proposed Stage 7 Zoning By-law subject to the development's zone change application being processed using the new Residential Zones of By-law 85-1 and Map No.48 be revised accordingly. 29.That the proposed by-law be revised to incorporate custom production, alteration or tailoring of apparel within the definition of artisan's establishment. 30.That a special use provision be added to the proposed by-law to permit a garden centre and nursery at 1054 Hidden Valley Road (Lot 5, Registered Compiled Plan 1519) and an appropriate mapping change be made. B.That Council request the Regional Municipality of Waterloo to modify the City's Municipal Plan as follows: i)That Part 2, Policy 7.2.3.4 be modified by deleting the last sentence and replacing it with the following: "With the exception of consents to subdivide lots containing existing dwellings, no land severances will be permitted on properties located entirely within the floodway. Severances may be permitted on lots partially within the floodway provided development can be sited on such lots outside of the floodway." PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 3. (Cont'd) ii)That Map 2A be replaced with that attached as Schedule Al, dated August 17, 1994, showing an SEPTEMBER ~6, 1994 COUNCIL MINUTES - 489- CITY OF KITCHENER COUNCIL MINUTES SEPTEMBER ~6, 1994 - 489- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL additional Two-Zone area in Bridgeport West. iii) That the last sentence of Part 2, Policy 7.2.4.5 be deleted and revised to read as follows: "A permitted use within a Convenience Commercial or Neighbourhood Commercial Plaza or Community Commercial district may change to any other permitted use within the same designation, except residential, a gas bar or automobile service station, without a zone change." iv)That Map 5 be revised as shown attached on Schedule A2. v)That Schedule F be revised by adding the following new Subsection 6: "6. Environmentally Sensitive Policy Areas Holding provisions may be applied by the Municipality to ensure that such Open Space uses as campgrounds, cemeteries, crematoria and mausoleums, active recreation or flood protection works within or contiguous to an Environmentally Sensitive Policy Area do not result in adverse impacts on the Environmentally Sensitive Policy Area. To remove the holding symbol, an Environmental Impact Statement is required to be submitted which identifies potential impacts on the affected Environmentally Sensitive Policy Area and the recommended means of preventing, minimizing, or mitigating such impacts in accordance with the provisions of the Regional Official Policies Plan. The holding symbol shall be removed upon written notification from the Regional Municipality of Waterloo that the anticipated environmental effects arising out of such development are not likely to result in serious adverse impacts on the significant features and functions of the Environmentally Sensitive Policy Area." vi) That Part 3, Policy 3.1.2.2. be modified by deleting the second sentence and replacing it with the following: "A maximum Floor Space Ratio of 0.6 shall be applied to multiple dwellings and no residential building shall exceed three stories in height at street elevation." vii) That Map 5 be revised as shown attached on Schedule A3 (Lancaster Street); viii) That Map 5 be revised as shown attached on Schedule A4 (Highland West). ix) That the following new special use policy be added to the Municipal Plan: "That notwithstanding the designation of Low Rise Residential, on lands legally described as Part of Lot 53, German Company Tract, Part of Lot 12, Beasley's Old Survey, and Part of Lot 2, Municipal Compiled Plan 987, more particularly described as Parts 2 to 9 inclusive and Parts 11 and 12, Plan 58R-5522, a craftsman shop only for a sign-making business shall also be permitted. Further, that Map 8 be revised accordingly." x)That the appropriate change be made to the Municipal Plan to permit a garden centre and nurssery at 1054 Hidden Valley Road (Lot 5, Registered Compiled Plan 1519). PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 3. (Cont'd) SEPTEMBER ~6, 1994 COUNCIL MINUTES -490- CITY OF KITCHENER COUNCIL MINUTES SEPTEMBER ~6, 1994 - 490- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL C.That the City's Sign By-law be revised to prohibit all signs for home businesses and private home day care in all residential zones. D.That the Department of Planning and Development be directed to revise the consolidations of the Community Plans to reflect the proposed zoning By-law. E.That Council consider the above changes to the by-law in addition to other changes to the by-law agreed to this date as minor in nature and not require any further notice to be given prior to the passing of the proposed by-law for Zone Change Application ZC 94/01/TC/JG. (As Amended). PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (September 19, 1994) 1 .That the name "Victoria Park Court" be approved for Draft Plan of Subdivision 30T-93016 (Grand River Railway Company). 2.a) That the following proposed street names be approved for Draft Plan of Subdivision 30T-89003 (Forwell Ltd.): Street One- Street Two- Street Three Street Four Street Five- Otterbein Road Stanmore Avenue Deans Gate Court Gloucester Court Forwell Court b)That the section of existing Forwell Road contained within Street One and between the southerly limit of this Draft Plan of Subdivision and its terminus south of the future extension of Ottawa Street South be renamed "Otterbein Road" and staff be directed to prepare the necessary By-law and legal advertisements required to change the name and undertake any administrative notices to property owners for the change to existing municipal addresses. c)That the section of existing Forwell Road to remain open within Street Five be renamed "Forwell Court" and staff be directed to prepare the necessary By-law and legal advertisements required to change the name. 3.That Kitchener City Council amend Interim Control By-law No.93-192, which limits the use of lands within all the undeveloped lands zoned B-1 (Business Park) in Huron Business Park, to extend said By-law for a second year. This By-law covers the undeveloped lands Zoned B-1 (Business Park) in the Huron Business Park to allow only Parks, Open Space and those uses permitted in the B-2 (Restricted Business Park) Zone as listed in Section 24.1 and 24.2 of By-Law 85-1. 4.That Council of the Corporation of the City of Kitchener rescind its March 28, 1989 policy approval, namely: "That Council of the Corporation of the City of Kitchener waive the requirement of a Letter of Credit as security for the satisfactory completion of site development works for non-profit and co-operative housing projects funded by the Ministry of Housing with the understanding that the Ministry will require non-profit and co-operative corporations to obtain written verification from the City that the requirements of the site plan agreement have been satisfied prior to authorizing release of the final mortgage advance related to the construction loan of such projects." PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) SEPTEMBER ~6, 1994 COUNCIL MINUTES - 491- CITY OF KITCHENER COUNCIL MINUTES SEPTEMBER ~6, 1994 - 491- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 5.That Planning and Development Staff Report PD 86/94 with the removal of the reference to page 134 be forwarded to the Regional Municipality of Waterloo as Kitchener's response to the document "Planning for a Sustainable Community, Regional Official Policies Plan", August, 1994 (Revised Draft ROPP). 6.That the Tree Management Policy contained in Section 4.0 of Department of Planning and Development/Department of Parks and Recreation Staff Report PD 45/93, be approved, with this policy generally consisting of the following: 1.That in cases where tree cover exists on lands being subdivided, applicants shall submit a General Vegetation Overview to the Department of Planning and Development at the time application is made to the Regional Municipality of Waterloo for draft subdivision approval. The City of Kitchener shall not commence its local review process until such submission is made. 2.A General Vegetation Overview shall provide an environmental evaluation of the site, providing early identification of those areas with trees worth or not worth retaining. That in cases where isolated trees, single-species clusters or woodlands are indicated within the approved General Vegetation Overview as vegetation communities with no trees worth retaining, no further data analysis will be required to be undertaken for these vegetation communities. 3.A Detailed Vegetation Plan is required when the General Vegetation Overview indicates that there are vegetation communities with trees worth retaining. The Detailed Vegetation Plan shall be submitted for approval by the Department of Planning and Development, prior to any area grading. Said Detailed Vegetation Plan shall provide information on those isolated trees, clusters or woodlands identified as vegetation communities with trees to be retained, in the approved General Vegetation Overview. This information shall include an analysis of impacts and overall tree management/grading plan, an outline of protection measures to be implemented, site preparation recommendations and planting/thinning/transplanting recommendations if any. 4.That the Detailed Vegetation Plan readily identify those lots and blocks containing trees intended to be retained. Some of these lots and blocks will require a Tree Preservation/Enhancement Plan prior to the issuance of a building permit. A Tree Preservation/Enhancement Plan will only be required for: · site development under Section 41 of the Planning Act · corner lots (where site service locations and building type has not been pre-determined) · interior lots greater than 13.7m (45 feet) of street frontage lots on which the Developer/Builder requests to build a structure that is deeper on the lot than that approved on the Detailed Vegetation Plan and/or the revised grading and drainage will have an adverse effect on the Detailed Vegetation Plan. The Tree Preservation/Enhancement Plan shall show all ecological data and tree protection measures as specifically transferred from the approved Detailed Vegetation Plan, together with the location and dimensions of all site development features including grading, cut and fill areas, drainage and proposed stock pile locations. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) SEPTEMBER ~6, 1994 COUNCIL MINUTES - 49~- CITY OF KITCHENER COUNCIL MINUTES SEPTEMBER ~6, 1994 - 49~- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 6. (Cont'd) 5.That the City Standard Form Residential Subdivision Agreement as approved by City Council be amended by including the clauses contained in Appendix 'H' of this report dated August 1994. The clauses contained in Appendix 'H' will only be included for subdivisions where the General Vegetation Overview has identified areas within the subdivision containing trees worth retaining. 6.Thatthe maximization of tree preservation is a valuable and reasonable goal in itself, however, this goal cannot be looked at in isolation and it must be recognized, that in many instances, other planning and engineering concerns may take precedence over the tree preservation goal where relevant constraints exist. 7.That the policy represents the intended achievement of the City of Kitchener, however, there may be unusual, impractical and special circumstances where the policy can only represent guidelines for both staff and developers to use, and discretionary exceptions may have to be made. 8.That the amount of securities for lot grading and tree management, and the issue of Iotless blocks within a plan of subdivision be referred to the C.I.P. Committee dealing with Subdivision Approvals, and subsequently submit a report to Council for their consideration and approval. 7.That Zone Change Application 941101MNL (Ken Halwachs) requesting a change in zoning from Residential Four Zone (R-4) to Residential Five Zone (R-5) in accordance with By-Law 85-1, as amended by By-Law 94-1, on lots 23 and 24, Registered Plan 826, be approved in the form shown in the "Proposed By-law" attached dated August 12, 1994, as revised September 19, 1994 to delete clause #3, without conditions. 8.That Planning and Development Staff Report PD 94/60 dealing with Zone Change Application 93/22/G/LM submitted by Autocraft Foreign Cars Inc., 1701 Glasgow Street be referred to the October 17, 1994 meeting of the Planning and Economic Development Committee so to allow the applicant to substantially complete the site improvements itemized under section 2.2 of the staff report to the satisfaction of the Planning and Economic Development Committee. (Dealt with under Delegations and Carried) 9.That we authorize Autocraft Foreign Cars Inc. (Howard Magid) to construct a solid wood fence 2.44 metres in height along the Glasgow Street property line and both flankages of 1701 Glasgow Street, and further, That the fence be constructed to standards acceptable to the City of Kitchener. (Dealt with under Delegations and Carried) 10.That Zone Change application 94/09/G/JG adding a new zone to By-law 85-1 and changing the zoning from Service Commercial Zone (C-6); Service Commercial Zone (C-6) with special regulation provision 18R; Restricted Business Park (B-2) with special use provision 39U; Restricted Business Park (B-2) with special use provisions 39U and 77U and special regulation provision 74R; Business Park Service Centre Zone (B-3); Business Park Service Centre Zone (B-3) with special use provision 77U and special regulation provision 74R to Highway Commercial (C-8) on lands described as Part of Lots 8,22,23 and 24, Beasley's Broken Front Concession; Lots 1 to 8 inclusive and Blocks 9-13 inclusive, Registered Plan 1725; Lots 1-3 inclusive and Blocks 4-8 inclusive Registered Plan 1744; and Lots 1-10 inclusive and Blocks 11-15 inclusive, Registered Plan 1725, and from Service Commercial (C-6) to Highway Commercial (C-8) with special PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) SEPTEMBER 96, 1994 COUNCIL MINUTES -493- CITY OF KITCHENER COUNCIL MINUTES SEPTEMBER 96, 1994 - 493- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 10. (Cont'd) regulation provision 104R on lands described as Part Lot 8, Beasleys Broken Front Concession, be approved in the form shown on the attached "Proposed By-law", dated September 14, 1994, as revised September 19, 1994 to change clause #3 - (13 A.2 Regulations) from 4,000 to 6,000 square metres without conditions. (Dealt with under Delegations and Carried) 11.That, Zone Change Application 94/11/S/LM (William H. Kaufman Inc.) requesting a change in zoning from Heavy Industrial Zone (M-4) to Heavy Industrial Zone (M-4) with Special Use Provision 196U on the lands described as Part of Lots 34-36 inclusive, Registered Plan 763, and municipally addressed 6 Shirley Avenue, be approved without conditions in the form shown in the attached Proposed Zoning By-law dated July 29, 1994, as revised September 19, 1994 to replace clause 5 (b) with the following: 5(b) Notwithstanding subsection (a) above, in the event that part of the Municipal Plan is referred to the Ontario Municipal Board and does not affect lands within this By-law, and the remainder of the Municipal Plan is approved, this By-law shall come into effect. (Dealt with under Delegations and Carried) 12.That, Zone Change Application 93/10AN/LM (St. Leger Street Comprehensive Development Area) requesting a change in zoning from Light Industrial (LI) and General Residential (R3) according to Zoning By-law 85-1 to General Industrial Zone (M-2), Residential Six Zone (R-6), Residential Six Zone (R-6) with special use provisions and holding provisions, Residential Eight Zone (R-8) with special use provisions, special regulation provisions and holding provision, all according to Zoning By-law 85-1, on lands legally described as Part of Lot 4, Registered Plan 373, Part of Lots 456, 522 to 526 inclusive, Lots 527 to 533 inclusive and Park Lot 'N', Part of Park Lot 'M', Part of Lot 38, Streets and Lanes, Registered Plan 376, Grange's Survey, be approved without conditions in the form shown in the attached Proposed Zoning By-law dated August 4, 1994, as revised September 19, 1994 to delete Clause 9 (c) and to replace Clause 9 (b) with the following: 9(b) Notwithstanding subsection (a) above, in the event that part of the Municipal Plan is referred to the Ontario Municipal Board and does not affect lands within this By-law, and the remainder of the Municipal Plan is approved, this By-law shall come into effect. 13.That, Zone Change Application 93/18AN/LM (Wellington Street Residential Area) requesting a change in zoning from Semi-Restricted Residential (R2), Semi-Restricted Residential (R2) with special provisions, Restricted Residential (R2A), Semi-Restricted Residential (R2B), General Residential (R3), Special Restricted Commercial (SC) and Light Industrial (LI) according to Zoning By-law 4830 and General Industrial Zone (M-2) with special use provision 66U to according to Zoning By-law 85- 1 to Residential Five Zone (R-5), Residential Six Zone (R-6) and General Industrial Zone (M-2), all according to Zoning By-law 85-1, on lands legally described as Lots A to J inclusive, M. Grebenstein's Survey, Registered Plan 22; Lots 66 to 81 inclusive, Part Lot 148, Lots 149 to 156 inclusive, Grange's Survey, Registered Plan 376; Lots 1 to 13 inclusive, L. Breithaupt's Survey, Registered Plan 34, Lots 82 to 100 inclusive, Lots 107 to 112 inclusive, Lots 182 to 187 inclusive and Part of Lot 37, Streets and Lanes, Grange's Survey, Registered Plan 376; and Lots 1 to 13 inclusive, Registered Plan 125; Lots 1 to 25 inclusive, Registered Plan 136; Lots 77 and 184, Streets and Lanes, Lots 113, 114, 188 and 189, Grange's Survey; Part of Lots 24, 25, 26, Lots 27 and 28, L. Breithaupt's Survey, Registered Plan 376; Part Lot 287, Registered Plan 387, Part of Lot 10, Registered Plan 671, City of Kitchener, be approved without conditions in the form shown in the attached Proposed Zoning By-law dated July 25, 1994, as revised September 19, 1994 to delete Clause 8 (c) and to replace Clause 8 (b) with the following: 8(b) Notwithstanding subsection (a) above, in the event that part of the Municipal Plan is referred to the Ontario Municipal Board and does not affect lands within this By-law, and the remainder of the SEPTEMBER 96, 1994 COUNCIL MINUTES -494- CITY OF KITCHENER COUNCIL MINUTES SEPTEMBER 96, 1994 - 494- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Municipal Plan is approved, this By-law shall come into effect. COMMUNITY SERVICES COMMITTEE - 1 .That we approve the request of the Take Back the Night Committee for an in-kind services grant in the amount of $538.30 to cover the cost of road closure, market rental and 50% of bus rental for their event to take place on September 22, 1994. 2.That subject to obtaining the necessary licence, the Kitchener Junior "B" Dutchmen Hockey Club be permitted to sell Nevada tickets at the Kitchener Memorial Auditorium Complex during their regular and playoff hockey games only and only within the enclosed confines of the arenas they control during these events; and That the Kitchener Junior "B" Dutchmen Hockey Club be permitted, in conjunction with staff, to negotiate with other groups to use the Kinsmen and Kiwanas rinks to sell tickets during these group events; and further, That this arrangement be viewed as a pilot project subject to review in six months, with a status report being presented to the Community Services Committee. 3.That the City of Kitchener support a community effort to create a new children's playground at Suddaby School through a contribution of $2,000.00 in 1995. 4.That no action be taken on the request of the K-W Business Women in Networking for a cash grant in the amount of $3,000.00 to sponsor the 4th Annual Business Success for Women conference on November 13, 1994. 5.That the community park located at Greengable Way near Westforest Trail and Victoria Street South be named Greengable Park; and That the district sportsfield park located at Victoria Street South and Eastforest Trail be named Eastforest Park; and That the community sportsfield park located at Rittenhouse Road and Erinbrook Drive be named Rittenhouse Park; and further, That ball diamond #3 at the Bridgeport Sportsfield Park be named Ben Pastway Diamond. 6.That a Clock Tower Steering Committee be established with the responsibility to investigate the restoration and funding of the City Hall Clock Tower in Victoria Park as a community funded project; and That the committee be comprised of three Members of Council, three or four community representatives and three or four staff members; and further, That Mayor D.V. Cardillo and Councillors Zehr and Yantzi be appointed as Council's representatives on the Clock Tower Steering Committee. (As Amended). 7.That the space in City Hall, utilized for skate changing during the winter months, be made available for lease space to a local artist or group of artists during the period April to September; and further, That the successful lessor be available for demonstrations, works in progress, provide art for sale and hopefully conduct workshops or lessons. 8.That the funding for the Victoria Lake sediment removal in the Public Works Capital Forecast for 1995 ($350,000.00) be moved forward to 1994 to allow the award of the tender for this project in October 1994. SEPTEMBER ~6, 1994 COUNCIL MINUTES - 495- CITY OF KITCHENER COUNCIL MINUTES SEPTEMBER ~6, 1994 - 495- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 9.That the revised grant policy, including the addition of the travel grant policy, as amended by the Community Services Committee on September 13, 1994, be approved. ENVIRONMENTAL COMMITTEE - 1.That the draft by-law dated August 31, 1994 to amend Chapter 650 (Lot Maintenance) relative to composting and more particularily with regard to compost containers and digesters, as revised September 7, 1994, be referred to City Council. 2.That the following revised Terms of Reference of the Environmental Committee be approved: 1.0 PURPOSE AND SCOPE 1.1 The Environmental Committee is an Advisory Committee to Council or to the appropriate Standing Committee. 1.2 The Environmental Committee will consider environment in its broadest possible terms. As such, the Committee mandate will include all matters, activities and operations of every City Department that impact on the environment; as well as all related regulatory and enforcement functions of the City Administration. 1.3 The Environmental Committee will consider community outreach programs to promote environmental awareness. 2.0 RESPONSIBILITIES 2.1 To hear delegations, review reports on any subject falling within the Committee's mandate and, where appropriate, advise Council directly or through the appropriate Standing Committee. 2.2 To provide guidance and direction to the City's Environmental Study Group in the maintenance, review and implementation of the City's Environmental Strategic Plan. 2.3 To provide liaison between the City and the community including individuals, businesses, and industry concerning environmental matters. 2.4 To promote and initiate the development of short-term, intermediate and long-term corporate environmental programs. 2.5 To promote and initiate the development of short-term, intermediate and long-term community based environmental programs. 3.0 MEMBERSHIP AND ORGANIZATION 3.1 Membership on the Committee shall be as follows: - Mayor Ex Officio - A minimum of 4 members from Council - A minimum of 4 members from the public who shall be appointed by Council. 3.2 The Committee shall, from amongst their members, annually choose a Committee Chairman and Vice-Chairman both of whom must be members of Council. 3.3 Minutes will be kept of each meeting with secretarial services provided by the staff of the City Clerk's Department. COUNCIL MINUTES SEPTEMBER ~6, 1994 - 496- CITY OF KITCHENER COUNCIL MINUTES SEPTEMBER ~6, 1994 - 496- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 3.4 Meetings will be held monthly or as called by due notice. FINANCE AND ADMINISTRATION COMMITTEE - That the Assistant City Solicitor coordinate a meeting involving representatives of all parties in attendance at the September 19, 1994 Finance and Administration Committee meeting relative to proposed amendments to Chapter 530 (Dogs) of the City's Municipal Code as it relates to vicious dogs in order to consider the opinions put forward at the meeting, and, That Councillors B. Stortz, G. Leadston and J. Zeigler represent Council in this regard, and further, That a report in this regard be available for consideration at the October 17, 1994 Finance and Administration Committee meeting. That the City recommend to the Humane Society that they issue a summons to dog owners for the second and subsequent offenses involving dogs found at large in the municipality, and further, That recognizing the Court's jurisdiction and discretion as regards the levying of fines, and noting that the present by-law makes provision for a maximum fine of $5,000.00, Kitchener Council recommend to the courts that the fines for dogs running at large be increased with each subsequent offense. That Chapter 530 (Dogs) of the Municipal Code be amended to reflect that once a dog is found to be "vicious", the owner of such dog will be required to obtain and maintain in force a policy of public liability insurance providing a minimum of $1,000,000.00 third party liability coverage for any damage or injury caused by the dog, and that this coverage take the form of a rider to a homeowner or tenant policy, and further, That the owner of a vicious dog be required to muzzle the animal when in public. That the issue of mandatory leashing of vicious dogs on public and/or private property be referred to the working group struck by the Finance and Administration Committee on September 19, 1994 to consider amendments to Chapter 530 (Dogs). That the Fire Department be authorized to transfer funds between the Salary Surplus, the Safety Equipment and the Training Division accounts to offset an anticipated budget shortfall of approximately $55,000.00, all in accordance with the memorandum from Deputy Fire Chief N. Kuntz dated September 6, 1994. That the City Clerk amend Section 710.8.7 (Revised Fee - Refund) and Section 710.8.8 (Cost - Valuaton Disagreement) of Chapter 710 (Building - Permits and Fees) of the Kitchener Municipal Code as outlined in Staff Report No. PD 94/93 dated September 12, 1994. That the Mayor and Clerk be authorized to execute a lease agreement dated April 13, 1994 between the City and Project Lift Inc. and an operating agreement dated April 13, 1994 between the City, the City of Waterloo and Project Lift Inc. respecting special transit service. That the City of Kitchener endorse the August 8, 1994 resolution of the Council of the Corporation of the Town of Oakville concerning Bill 163, an Act to revise the Ontario Planning and Development Act and the Municipal Conflict of Interest Act, to amend the Planning Act and the Municipal Act and to amend other statutes related to planning and municipal matters, as outlined in correspondence from Ms. C. Shewchuk, Assistant Clerk, dated August 9, 1994. COUNCIL MINUTES SEPTEMBER ~6, 1994 - 497- CITY OF KITCHENER COUNCIL MINUTES SEPTEMBER ~6, 1994 - 497- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That the City of Kitchener request the Regional Municipality of Waterloo to review the Association of Municipalities of Ontario's (AMO) draft position on an industry proposal for funding municipal recycling programs and to respond to the AMO on behalf of all municipalities within the Region. FINANCE AND ADMINISTRATION COMMITTEE - CONT'D 10. That no action be taken on the request from the owners of Lots 12 and 13, Registered Plan 937, for a grant in the amount of $9,628.00, being the amount of development charges applicable for construction of two single detached dwellings on the subject properties. 11. That Council implement the recommended actions in the report of Mr. T. McKay dated September 14, 1994 relative to replenishing the Mill Rate Stabilization Fund and adoption of a financial management strategy that will, over time, decrease and eliminate the City's dependency on contributions from the Fund. 12. That the City of Kitchener, on behalf of Kitchener and Waterloo, submit a final offer in the amount of $720,000.00 to CP Rail for twenty two (22) acres of abandoned right-of-way, and further, That this offer be accompanied by a cheque for ten percent of the offer and be subject to the conditions as contained in the agreement developed by the City Solicitor. 13. That the City participate in the settlement of a claim for grading and inspection services with respect to 18 Windemere Court to the extent of fifty percent, with payment by the City to be $1,016.63. LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE - That pursuant to Sections 42 and 43 of the Ontario Heritaqe Act, Council grant the request of the owner of 1052 Doon Village Road, in the Upper Doon Heritage Conservation District, to erect a detached carriage shed as outlined in the letter and drawings submitted to the Local Architectural Conservation Advisory Committee on September 9, 1994, and the presentation made that date. That the City's Heritage Planner investigate and report on the degree of support from the affected residents for an expanded Victoria Park Heritage Conservation District study area as proposed by the building survey team and presented to the Local Architectural Conservation Advisory Committee on September 9, 1994. That Mr. Peter Bufe be appointed as the representative of the Kitchener Local Architectural Conservation Advisory Committee on the Heritage Inventory Task Force established by the Regional Municipality of Waterloo. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That the Doon South Creek Subwatershed Management Plan, dated August 9, 1994, be adopted as a governing document in matters pertaining to stormwater management and protection of the natural environment within the Doon South Creek Subwatershed. That the Committee approve new capital projects #504104 Fuel Tank Overfill and #504212 Posi- Lock Fill for submission in the 1995 Capital Budget. 3. That the Mayor and Clerk be authorized to execute an agreement between Greyhound Lines of SEPTEMBER ~6, 1994 COUNCIL MINUTES -498- CITY OF KITCHENER COUNCIL MINUTES SEPTEMBER ~6, 1994 - 498- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Canada Ltd. and the Corporation of the City of Kitchener, effective October 1, 1994. That the City approve a 1994 capital budget overrun estimated at $108,864.00 to retrofit 73 buses with heated convex mirrors and 46 buses with rear door exit sensors, and further, That Transit staff include $33,580.00 in its 1995 capital budget to retrofit the Transit Fleet with 4 interior video cameras plus camera encasements for all buses. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - CONT'D That the monthly parking fee in Lot No.26 - Scott Street be decreased from $50.00 to $40.00 per month plus taxes, effective October 1, 1994, and further, That By-law No.88-169 be amended accordingly. That parking be prohibited at any time on the south side of Eagen Drive from Highland Road to a point 85 metres east thereof, and further, That the Uniform Traffic By-law be amended accordingly. That the City of Kitchener accede to the request of the Ministry of Transportation of Ontario to delay property acquisition of City-owned lands until the proposed reconstruction of the K-W Expressway is completed. That the Boehmers Readymix Plant on Johnston Street be exempt from the provisions of Chapter 450 (Noise), Article 6 (Construction Work) of the City of Kitchener Municipal Code while supplying concrete for the construction of median barriers on the K-W Expressway between Frederick Street and Lancaster Street for a period of approximately 6 weeks beginning September 26, 1994. COUNCIL MINUTES SEPTEMBER 26, 1994 -499 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS AS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Execution of Enqineerinq Aqreements It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and KMK Consultants Limited, regarding Wyldwood "B" Stage 1 - Plan 30T-90029." - and - "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Paragon Engineering Limited, regarding Lackner Woods II Subdivision- Plan 3~T-86~28." 2. Encroachment Aqreement - BRIDGEPORT NORTH WARD It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner(s) of part of Lots 9, 10, 15 and 16 according to Registered Plan 373, municipally known as 351 Margaret Avenue, to permit the construction and maintenance of a City owned bus shelter and pad as they extend 4.5 metres, more or less, along the Margaret Avenue frontage of the subject lands to a depth of 2 metres, more or less." 3. Industrial Land Consent - SOUTH WARD It was resolved: "That the City consent to a lease from 1090536 Ontario Inc./Anchor Group Inc. to The BLM Group Inc. and 576997 Ontario Limited for the property described as Parts 1 and 2 on Reference Plan 58R-9138 and municipally known as 120 McBrine Drive, Kitchener." 4. Licensinq Aqreement It was resolved: "That the Mayor and Clerk be authorized to execute a Licensing Agreement dated August 22, 1994 to allow the Lions Club of Kitchener to use Queensmount Arena during Oktoberfest from September 24, 1994 to October 16, 1994 for rent in the sum of $7,500.00." 5. Surplus K-W Hydro Substations - CENTRE & FAIRVIEW WARDS It was resolved: "That the City of Kitchener acquire Substation #7 (311 East Avenue) and Substation #18 (745 Wilson Avenue) at no cost from Kitchener-Wilmot Hydro and purchase Substation COUNCIL MINUTES SEPTEMBER 26, 1994 -500 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 5. Surplus K-W Hydro Substations - CENTRE & FAIRVIEW WARDS (Cont'd) #11 (302 Vanier Drive), at a cost of $10,132.47, from Kitchener-Wilmot Hydro with the money for the purchase to come from the Park Trust Fund." 6. Banner Request It was resolved: "That in conjunction with the 100th Anniversary of Margaret Avenue Senior Public School, permission be granted for the erection of a banner on King Street at Francis Street from Tuesday, January 3, 1995 to Sunday, January 22, 1995 inclusive and on King Street at Rockway Gardens from Monday, March 6, 1995 to Sunday, March 26, 1995 inclusive. Further, that arrangements be made with the City's Contractor for erection of these banners and the payment of any costs associated therewith." 7. Provincial-Municipal Infrastructure Aqreement It was resolved: "That the Mayor and Clerk be authorized to execute a Provincial-Municipal Infrastructure Agreement dated August 17, 1994 between Her Majesty The Queen, in right of the Province of Ontario, as represented by the Minister of Municipal Affairs and The Corporation of the City of Kitchener." 8. Licenses It was resolved: "That the City of Kitchener has no objection to K-W Access-Ability changing the date of their Monte Carlo event from October 10-12, 1994 inclusive to October 11-13, 1994 inclusive." - and - "That the Kitchener-Waterloo Skating Club be granted permission to operate a refreshment stand, in front of the Zehrs at Zehrs Hiway Market, Kitchener, on October 7-9, inclusive, provided that the necessary Licence and Health and Fire approvals are obtained." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Big Brothers of Kitchener-Waterloo to sell Nevada Tickets at their Monster Bingo event at the Kitchener Farmers' Market, 49 Frederick Street, Kitchener on October 10, 1994." - and - "That the Westminster Church and Alzheimer Society be granted permission to operate a refreshment stand at 490 King Street West, in the parking lot of the Beer Store, on October 10, 1994, provided that the necessary Licence and Health and Fire approvals are obtained." - and - COUNCIL MINUTES SEPTEMBER 26, 1994 -501 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 8. Licenses (Cont'd) "That the Original Bavarian Pretzel Co. be granted permission to operate a refreshment stand at the following locations from October 7-15, 1994, inclusive, provided that the necessary Licence and Health and Fire approvals are obtained: 1) Inside the Souvenir Tent beside the Glockenspiel 2) On Frederick Street near the traffic island in the centre of the Wilkomnen Platz 3) Adjacent to the greenspace at Speakers Corner." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the K- W Region Elks Lodge #578, to conduct a Monte Carlo event at K-W Granite Club, 69 Agnes Street, Kitchener on November 2-4, 1994, inclusive." - and - "That the Waterloo Region Self Help For Psychiatric ConsumedSurvivors be granted permission to apply for a Hawker and Pedlar licence at the charitable fee. This organization is planning to sell its members arts and crafts at Market Square from October 5-8, 1994, inclusive." - and - "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 Holiday Inn, 30 Fairway Road South, Kitchener on January 13-15, 1995, inclusive." - and - "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 November 10-12, 1994 inclusive." 9. Tenders This item was dealt with under delegations. 10. Arbitration Award It was resolved: "That Council approve the terms and conditions contained in an Arbitration Award dated December 22, 1993 in connection with the 1992 Collective Agreement between the Corporation of the City of Kitchener and the Kitchener Professional Fire Fighters Association. Further, that the Mayor and Clerk be authorized to execute any documentation arising therefrom." 11. Committee of Adjustment - Variances (Fence) - CENTRE WARD It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of August 23, 1994, recommending approval of Submission No. F 5/94 - Jovan & Darinka Ilic & No. F 8/94 - David Bain & Cheryl Fitzsimons - Be Ratified and Confirmed." COUNCIL MINUTES SEPTEMBER 26, 1994 -502 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 12. Resolution - "Speak Out Against Violence" Campaign It was resolved: "That we endorse the resolution of the City of Waterloo supporting the Canadian Association of Broadcasters 'Speak Out Against Violence' campaign." 13. Requests for Leave of Absence It was resolved: "That pursuant to Section 38 of the Municipal Act, R.S.O. 1990, Berry Vrbanovic, Technical Support Specialist, Information Services Division, be granted an unpaid leave of absence commencing October 13, 1994 until November 14, 1994 in connection with his candidacy for the position of Councillor, Chicopee Ward." - and - "That pursuant to Section 38 of the Municipal Act, R.S.O. 1990, William Mazmanian, Bus Driver, Transit Division, be granted an unpaid leave of absence commencing October 14, 1994 until November 14, 1994 in connection with his candidacy for the position of Councillor, Chicopee Ward." - and - "That pursuant to Section 38 of the Municipal Act, R.S.O. 1990, Karen Taylor-Harrison, Part-time Recreation Support Staff, be granted an unpaid leave of absence commencing October 11, 1994 until November 14, 1994 in connection with her candidacy for the position of Councillor, Centre Ward." 14. Committee of Adjustment Variance (Sign) It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of September 13, 1994, recommending approval of Submission No. S 5/94 - Waterloo Region Attn: Brian Soehner - Be Ratified and Confirmed." 15. Noise By-law Exemption It was resolved: "That Bot Construction Limited and Preston Sand & Gravel Limited be exempt from the provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6 Construction Work while supplying and hauling granular material for the construction of median barriers on the Kitchener-Waterloo Expressway between Frederick Street and Lancaster Street for a period of approximately 3 weeks beginning September 27, 1994." 16. Certification of Title Application It was resolved: "That the Mayor and Clerk be authorized to execute a Consent and Waiver of Notice and draft reference plan to expedite a Certificate of Titles Act Application by Kilbasch Investments Ltd. with respect to lands described as part of Lot 120, German Company Tract and shown as Parts 1 and 2 on draft CTA Plan." COUNCIL MINUTES SEPTEMBER 26, 1994 -503 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 17. License It was resolved: "That Little Caesars be granted permission to operate a refreshment stand at the Benton Street parkette from October 7-15, 1994, inclusive, provided that the necessary Licence and Health and Fire approvals are obtained."