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HomeMy WebLinkAboutCouncil Minutes - 1994-10-24COUNCIL\1994-10-24 OCTOBER 24, 1994 COUNCIL MINUTES CITY OF KITCHENER The Council of the Corporation of the City of Kitchener met this date with all members present. On motion by Councillor M. Yantzi, the minutes of the regular meeting held on October 11, 1994, as mailed to the Mayor and Councillors, were accepted. A. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (1) Letters from the Honourable Douglas Young, Minister of Transport and the Honourable Keith Milligan, Minister of Transportation and Public Works, Prince Edward Island, responding to Kitchener City Council's resolution dated August 22, 1994 concerning a comprehensive national transportation policy and improvements to the passenger rail services between Toronto and Sarnia. B. COMMUNICATION REFERRED TO COMMITTEE OF THE WHOLE - (1) Letter dated October 19, 1994 from R.W. Pritchard, Commissioner of General Services & City Clerk, to members of Council relative to applications for cancellation, refund, reduction or levy of taxes. Mr. L. Gordon appeared as a delegation to answer questions with regard to the tenders listed on the Committee of the Whole agenda of this date. Moved by Councillor J. Ziegler Seconded by Councillor T. Galloway "That tender T94-73, Lions Sportsfields Lighting, be awarded to Kearsley Electric Limited, Kitchener at their tendered price of $174,899., plus G.S.T." -and- "That tender T94-63, 26,308 kg (58,000 lb.) G.V.W. Tandem Rear Axle Conventional Cab and Chassis with Roll Off Body System, be awarded to Kirby International Trucks Ltd., Kitchener at their tendered price of $241,350. plus G.S.T. and P.S.T." Carried. Mr. Howard Magid appeared as a delegation in support of clause 7 of the Planning and Economic Development Committee report of this date. Moved by Councillor J. Ziegler Seconded by Councillor C. Weylie That clause 7 of the Planning and Economic Development Committee report of this date be adopted. Carried. Mr. John Gellner, Canadian Diabetes Association, 910 King Street West appeared as a delegation with respect to the City's proclamation of the month of November as "Diabetes Month". Mr. Gellner read the proclamation which encourages citizens support of their local campaign to raise funding. Mr. Carl Zintel, appeared as a delegation to present concerns with regard to transit route service on Belleview Avenue as well as a petition from area residents. Councillor G. Leadston pointed out that this matter had been rescheduled from the October 17 Public Works and Transportation Committee meeting to the Council meeting this date. Mr. Zintel advised that he received a complete staff report on October 16 dealing with his concerns and also that he had extended an invitation to Councillors to visit his property to gain a better understanding of the problem. He pointed out that buses have been using Belleview Avenue since 1989 but after raising his concerns with staff, he was not satisfied with their response. Mr. Zintel stated that the attached petition indicates full neighbourhood support for his request for review of neighbouring streets travelled by buses utilizing transit Route No. 1. Council then viewed Mr. Zintel's video illustrating transit buses utilizing Belleview Avenue and the amount of noise, excessive speed and aggressive deceleration taking place, as well as violations of the Highway OCTOBER 94, 1994 COUNCIL MINUTES CITY OF KITCI:IENER Traffic Act. He pointed out that 465 buses weekly operating 18 hours per day were impacting this residential area. Mr. Zintel suggested that there were a number of inaccuracies in the recent staff report. Firstly, he pointed out that in the background reference was made to several requests in the past to remove service but there is no mention of what had been done to address the request and why the buses were simply not relocated to the Krug Street corridor. As a suggestion, it was recommended that service be provided within the residential area at peak times only given the very few number of riders at off-peak hours. Further, he suggested that statistical data outlined in the report has been used inconsistently by staff for analytical purposes. He commented on the frequency of transit buses coming through the subdivision and also suggested that the 450 metre walking distance criteria to a bus route was not accurate. In summary he stated that a need could be established for peak service from 6 a.m. to 9 a.m. and 3 p.m. to 6 p.m. on week days and a 1 hour service interval on Saturday and 1 1/2 hours on Sunday similar to that provided to the Ottawa and Lackner area. Councillors then discussed Mr. Zintel's request. Mr. W. Beck pointed out that a transit route in the area had been eliminated in the 1980's and that it was Council policy to service 95% of residents within a 450 metre distance criteria. He expressed concern with stop sign violations of transit bus operators shown in the video and noted that there was little that could be done to reduce the noise resulting from acceleration by diesel engines. Following further discussion, Mr. R. Freeborn suggested that three months would be a sufficient length of time to assess any reduction in service and that in any event Council would receive complaints immediately from transit customers who were unhappy with the service change. Councillor M. Wagner commented that in his view decreasing transit service was counter-productive to the system. In response to Councillor M. Yantzi, Mr. Beck advised that staff could survey transit riders affected by the service change by means of a hand out or mail out to residents on that portion of the route. Moved by Councillor G. Leadston Seconded by Councillor J. Ziegler That effective with the next transit driver sign up (approximately January, 1995), Route No. 1 transit service on Belleview Avenue be limited to service during the peak hours of 6-9 a.m. and 3-6 p.m. for a six month trial period; and further, That staff monitor the effects of the change and prepare a report documenting the results for consideration by the Public Works and Transportation Committee in six months and also inform Mr. Carl Zintel. Carried. Moved by Councillor J. Ziegler Seconded by Councillor C. Weylie That the report of the Planning and Economic Development Committee of Council of this date be adopted. Voted on clause by clause. Clause 7 - Dealt with under Delegations and Carried. Balance of report - Carried. Moved by Councillor C. Zehr Seconded by Councillor G. Lorentz That the report of the Finance and Administration Committee of this date be adopted. Councillor C. Zehr advised that the Legal Department has suggested a slight revision to clause 1 of the report and requested that clause 2 be withdrawn at this time and re-submitted in an amended version at the next Council meeting. On motion by Councillor C. Zehr, seconded by Councillor G. Lorentz, clause 1, was amended in accordance with the revised wording provided by the Legal Department. The report was then put to a vote. Voted on clause by clause. COUNCIL MINUTES OCTOBER 24, 1994 - 523- CITY OF KITCI:IENER Clause 1 - Carried, as amended. Balance of report - (Recommendation withdrawn and referred back to Legal Department). Moved by Councillor M. Wagner Seconded by Councillor M. Yantzi That the report of the Local Architectural Conservation Advisory Committee be adopted. Carried. Moved by Councillor M. Wagner Seconded by Councillor G. Leadston That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property (b) To further amend By-law 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon (c) 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 (d) To confirm all actions and proceedings of the Council (e) Being a by-law to amend Chapter 210 of the City of Kitchener Municipal Code with respect to Cemeteries - Municipal (f) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointments - Staff (g) Being a by-law to repeal By-law No. 94-173 - Belmont Lane West and By-law No. 94-175 - Heritage Drive (h) 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 (i) 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 and that the same be taken as read a first time and stand referred to the Committee of the Whole. Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor D.V. Cardillo appointed Councillor M. Yantzi as Chairman. On motion, the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the Chair. Moved by Councillor M. Yantzi Seconded by Councillor C. Weylie 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. OCTOBER 94, 1994 COUNCIL MINUTES CITY OF KITCI:IENER Moved by Councillor M. Wagner Seconded by Councillor G. Leadston That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property (By-law No. 94-186) (b) To further amend By-law 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon (By-law No. 94-187) (c) 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. 94-188) (d) (e) (f) (g) (h) To confirm all actions and proceedings of the Council (By-law No. 94-189) Being a by-law to amend Chapter 210 of the City of Kitchener Municipal Code with respect to Cemeteries - Municipal (By-law No. 94-190) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointments - Staff (By-law No. 94-191 ) Being a by-law to repeal By-law No. 94-173 - Belmont Lane West and By-law No. 94-175 - Heritage Drive (By-law No. 94-192) 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. 94-193) (i) 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. 94-194) be taken as read a third time, be finally passed and numbered serially by the Clerk. Carried. On motion, the meeting adjourned. OCTOBER 24, 1994 COUNCIL MINUTES CITY OF KITCI:IENER MAYOR CLERK PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - That Planning and Economic Development Committee recommend acceptance of Municipal Plan Amendment Application 94/3, Revisions to Special Policy 3 - Hidden Valley Residential, for processing with the clear understanding that processing in no way implies acceptance or rejection of this application. That the street names be approved for subdivision 30T-88007 (Hallman Aberdeen): Street 2 - Templewood Drive Street 3 - Marl Meadow Drive Street 4 - Marl Meadow Crescent Street 5 - Rush Meadow Street Street 6 - Rush Meadow Crescent Street 7 - Anson Court Street 8 - Rush Meadow Court Street 9 - Marl Meadow Court That the following recommendations be received for information purposes and be referred to appropriate working committees and interest groups for comment including the Local Architectural Conservation Advisory Committee (L.A.C.A.C.), the C.I.P. Steering Committee responsible for reviewing the plan of subdivision process, and the K-W Home Builders Municipal Liaison Committee: That L.A.C.A.C. use the two year time frame in each year's approved Staging of Development Report as a guide to prioritize the designation of heritage resources which may be impacted by future plans of subdivision. 2 That where, in the opinion of L.A.C.A.C. and City Council, a heritage resource is worthy of designation under the Ontario Heritage Act, and is located on lands for which a plan of subdivision application is expected or has been submitted, Council proceed to publish a notice of intention to pass a By-law designating the property. 3 That the Regional Municipality of Waterloo consider revising the plan of subdivision submission requirements to include the identification of all heritage resources and the submission of a Heritage Impact Assessment addressing the conservation of heritage resources designated under the Ontario Heritage Act or for which a notice of intention to pass a By-law designating the property has been published and not withdrawn. 4 That where a Heritage Impact Assessment is required, it be conducted by a qualified individual usually a professional heritage consultant, and that the assessment provide the following details; identification and evaluation of the significance of the heritage resource, including the completion of detailed occupational and/or site biographies if appropriate; documentation of the heritage resource including the completion of photographs and measured drawings and mapping the context or setting of the heritage resource; outline the context of the development proposal and identify any potential impact the proposal may have on the heritage resource; provide recommendations regarding appropriate mitigation strategies recognizing that mitigation through avoidance is considered to be the preferred mitigation strategy; and identify the lot(s) or block(s) created by the plan of subdivision on which the heritage resource should be located. 5 That Heritage Impact Assessments be approved by the Assistant General Manager of the Department of Planning and Development in consultation with L.A.C.A.C. prior to draft plan approval. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 3. (Cont'd) 6 That where, in the opinion of L.A.C.A.C. and City Council, a heritage resource is worthy of designation under the Ontario Heritage Act, and is located on lands for OCTOBER 24, 1994 COUNCIL MINUTES - 5~7- CITY OF KITCI:IENER COUNCIL MINUTES OCTOBER 24, 1994 - 5~7- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL which a plan of subdivision application is expected or has been submitted, the Public Works Department not authorize pre-grading on any such lands in advance of draft plan approval. 7 That where an approved Heritage Impact Assessment recommends the retention of a heritage resource in full or in part, the following condition be included in the conditions for draft plan of subdivision approval; Prior to any demolition, grading, release of the plan for registration or other disturbance which may impact any heritage resource designated under the Ontario Heritage Act or for which an intent to designate has been published and not withdrawn, a letter shall be obtained from the Assistant General Manager of the Department of Planning and Development, indicating that the City is satisfied that the recommendations of the approved Heritage Impact Assessment have been fully addressed. 8Following registration of the subdivision plan and prior to the issuance of any building permits, where an approved Heritage Impact Assessment recommends the retention of the heritage resource either in full or in part, and where an intent to designate the heritage resource has been published and not withdrawn, the City shall proceed to pass the designating By-law and register the By-law against the specific lot(s) or block(s) created by the plan of subdivision as recommended in the approved Heritage Impact Assessment. Where the heritage resource was previously designated under the Ontario Heritage Act and the designating By-law has been registered against lands that do not conform to the lot(s) or block(s) on which the heritage resource should be located, at the request of the property owner, Council may repeal the old designating By-law and re-designate, pass and register a new designating By-law against the specific lot(s) or block(s) created by the plan of subdivision, as recommended in the approved Heritage Impact Assessment." 4.1) That the Interim Control By-law 93-192, passed on September 27th, 1993 be revised by removing the prohibition on "Stamping, Blanking or Punch-Pressing of Metal". 2)That staff be directed to impose conditions on Offers to Purchase in areas of the Huron Business Community affected by the Interim Control By-law to ensure the mitigation of excessive noise from business/industrial operations. This will be achieved by: - Use of reinforced concrete pads under machinery. - Ensuring compliance with the Provincial Occupational Health and Safety legislation. - Use of design features such as internal walls to reduce noise emanating from loading bay doors, etc. - Obtaining a Certificate of Approval under the Environmental Protection Act." 5."That the Kitchener Downtown Improvement Area Board of Management be provided with a grant not to exceed $6,000.00 from the Facade Improvement Fund to rehabilitate the ground level King Street frontage of the former Goudies building." PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 6."That Zone Change Application 94/8/VV/CL (Freure Developments Ltd.) requesting a change in zoning from Semi-Restricted Residential (R2C) with special regulations according to By-law 4830 to Residential Four Zone (R-4) on (Part of Lot 46, German Company Tract; Lots 1 to 73 inclusive, Stage 2, Draft Plan of Subdivision 30T-90019), be approved in the form shown in the proposed By- OCTOBER 24, 1994 COUNCIL MINUTES - 528- CITY OF KITCHENER COUNCIL MINUTES OCTOBER 24, 1994 - 528- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL law attached, dated September 26, 1994 subject to the following conditions being satisfied prior to any readings of the By-law by Council. 1.To arrange for notification by letter from the Regional Municipality of Waterloo to the City's Clerk, that all Regional requirements have been satisfied with respect to the proposed development. 2.The Owner acknowledges that Condition 1 is required to be satisfied no later than seven (7) months from Council having approved the amending zoning by-law relative to the Zone Change Application 94/8AN/CL by resolution. In the event this requirement is not fulfilled within the seven month period, Council shall consider rescinding its zone change approval. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan." 7.1) "That subject to #6 below, Kitchener City Council request the Regional Municipality of Waterloo to modify the Kitchener Municipal Plan by: a)Adding the following new Special Policy 22 - 1701 Glasgow Street to Part 3, Section 12, as follows: Notwithstanding the General Industrial designation on the lands known as 1701 Glasgow Street, legally described as Part of Lot 39, German Company Tract, a salvage, recycling or scrap yard shall be permitted provided adequate fencing and screening is provided in conjunction with such use." b)Revising Map 8, "Special Policy Areas" to reflect application of Special Policy 22 to the property at 1701 Glasgow Street. 2)That Zone Change Application 93/22/G/LM (Autocraft Foreign Cars Inc.) requesting a change in zoning from General Industrial Zone (M-2) to General Industrial Zone (M-2) with a special use provision to permit a salvage, recycling or scrap yard subject to the construction of a 2.44 m high solid wood fence in conjunction with such use on the lands at 1701 Glasgow Street, further described as Part of Lot 39, German Company Tract, be approved in the form shown in the proposed by-law dated August 12, 1994, as revised dated October 17, 1994 and the following site improvements be completed to the satisfaction of the General Manager of Planning and Development prior to any readings of the By-law by City Council: Construction of a solid wood fence 2.44 metres in height along the Glasgow Street frontage and both flankages of the property. Construction of a suitable point of access with adequate visibility at the north end of the subject lands. 3. Provision and designation of a total of four parking spaces for staff and customers. Installation of water closet complete with running water and a gravity system and a holding tank acceptable to the Regional Medical Officer of Health. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 7. (Cont'd) Satisfactory completion of all required works identified in the Fire Department Work Order dated August 11, 1994 and the Chief Building Official's Order to Remedy an Unsafe Condition dated August 12, 1994 within the time limits identified in those particular OCTOBER 24, 1994 COUNCIL MINUTES - 529- CITY OF KITCHENER COUNCIL MINUTES OCTOBER 24, 1994 - 529- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Orders. The Owner acknowledges that Conditions 1, 2, 3 and 4 above are required to be satisfied no later than January 1, 1995. In the event this requirement is not fulfilled by January 1, 1995, Council shall rescind its zone change approval and its recommendation to Regional Council regarding the modification of the Municipal Plan. Further, that the completion of site improvements be done at the sole risk and liability of Mr. Magid in the event the Ontario Municipal Board refuses to approve the implementing Zoning By-law, the Municipal Plan is referred, or the Regional Municipality of Waterloo does not approve the Kitchener Municipal Plan. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan." (Dealt with under Delegations and carried) FINANCE AND ADMINISTRATION COMMITTEE - 1.That the City accepts, and the Mayor and Clerk be authorized to execute, an Offer to Purchase dated October 20, 1994 from Jensen Group Inc. for lands composed of the westerly part of Part 37, Reference Plan 58R-5668 being about 1.28 acres (subject to survey) in Phase II, Huron Business Park, at a purchase price of $70,000.00 per acre, and, That the City grant to the purchasers the right of first refusal contained in the Offer for the remaining easterly part of Part 37, and further, That the Mayor and Clerk be authorized to execute any other necessary documentation required by the City Solicitor. (As Amended) 2.That subject to the Legal Department confirming the form of offer, the City accept, and the Mayor and Clerk be authorized to execute, an Offer to Purchase dated October 17, 1994 from Jim Jolkowski In Trust and Robt. Jolkowski In Trust for lands composed of Part 13, Registered Plan 58R-7426, being 1.528 acres in Phase III, Huron Business Park, at a total purchase price of $129,880.00 ($85,000.00 per acre), and, That the City grant the purchasers the right of first refusal accompanying the Offer for the adjacent parcel of land being Part 14 of Reference Plan 58R-7426, and further, That the Mayor and Clerk be authorized to execute any other necessary documentation required by the City Solicitor. (Recommendation withdrawn and referred back to the Legal Department) LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE - 1.That, pursuant to Section 33 of the Ontario Heritaqe Act, we approve the request of the owner to alter the designated property known municipally as 811-831 Bleams Road (Steckle Heritage Homestead) by reinforcing the walls of the main barn and the forge barn as outlined in the letter and plans from Larry W. Argue, P.Eng., Argue & Associates, dated September 19, 1994; and OCTOBER 24, 1994 COUNCIL MINUTES CITY OF KITCI:IENER COUNCIL MINUTES OCTOBER 24, 1994 - 530- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL That we endorse, in principal, the J. Steckle Heritage Homestead Study, prepared by Andre Scheinman, Heritage Preservation Consultant, dated June 20 1994, on the understanding that the owner will obtain this Council's approval for each specific project, as it is undertaken; and That we support the efforts of the J. Steckle Heritage Homestead to obtain funding for this project from the Regional Heritage Foundation and Jobs Ontario Community Action; and further That a sub-committee of the Local Architectural Conservation Advisory Committee be struck to work with Dr. Steckle in using the J. Steckle Heritage Homestead Study as a guide to provide greater detail and clarity to the reasons for designation for 811-831 Bleams Road. 2.That, pursuant to Sections 42 and 43 of the Ontario Heritaqe Act, we approve the request of Ms. M. Brunn to alter the property municipally known as 1314 Doon Village Road, a property located in the Upper Doon Heritage Conservation District, by replacing the windows and door and repairing and reshingling the house roof, as outlined in her letter dated October 7 1994, and as authorized by the owner. COUNCIL MINUTES OCTOBER 24, 1994 -531 - 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. Release of Covenant - FAIRVIEW WARD It was resolved: "That the Mayor and Clerk execute a Release of the covenant, (which required the payment of $400.00 per annum commencing with the first day of January, 1966 over a 10 year period) in the Deed registered as Instrument Number 326066 on June 21st, 1966 because payment has been made in full." 2.Update on Natural Gas Rates It was resolved: "That the Natural Gas Rates be revised to reflect a unit surcharge of 0.34/m3 for the period from October 01, 1994 to March 31, 1995, to recover retroactive wholesale charges." 3.CP Rail Lands It was resolved: "That the Offer to Purchase CP Rail lands made on behalf of the cities of Kitchener and Waterloo be extended to November 18, 1994." 4.Tax Sale - Goudies Buildinq - 10 Kinq Street West It was resolved: "That the City Solicitor take whatever steps are necessary to effect a Tax Sale with respect to the Goudies Building, 10 King Street West, Kitchener, including bringing an application in the Ontario Court of Justice for leave to proceed as against the Receiver and Manager of the property." 5.Tenders This item was dealt with under delegations. 6.Applications for Cancellation, Refund, Reduction or Levy of Taxes - October 24, 1994 Hearinq It was resolved: "That the applications attached hereto and forming part of these minutes relative to cancellation, reduction, refund or levy of taxes be disposed of as recommended therein." Councillor C. Zehr disclosed a conflict of interest and abstained from all discussion and voting with regard to Item Nos. 346, 347, 365, 366 and 399, as the applicants are business clients. COUNCIL MINUTES OCTOBER 24, 1994 -532 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 7.License - Monte Carlo Event It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Resurrection Catholic Secondary School, 455 University Avenue, Kitchener, to conduct a Monte Carlo event at their school on Wednesday, December 7, 1994, from 7:00 p.m. to 11:00 p.m." 8.Waiver of Liability - Firefiqhter Traininq It was resolved: "That the Mayor and Clerk are hereby authorized to execute a Waiver of Liability form to be prepared by the City Solicitor with respect to the use of vacant buildings 2, 3 and 21 at 149 Strange Street by the City's Firefighters."