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HomeMy WebLinkAboutCouncil Minutes - 1994-10-11COUNCIL\1994-10-11 OCTOBER 11, 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 C. Weylie, the minutes of the regular meeting held on September 26, 1994, and the special meeting held September 29, 1994, as mailed to the Mayor and Councillors, were accepted. A. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (1) Letter from Mr. Michael D. Harris, M.P.P., Leader of the Progressive Conservative Party of Ontario, supporting Kitchener City Council's resolution dated June 27th relative to its endorsation of the resolution from the City of Vaughan calling for the immediate creation of a permanent voters list for federal, provincial and municipal purposes. (2) Letter from the Town of St. Maws endorsing 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. (3) Letter from Mr. David Anderson, P.C., M.P., Minister of National Revenue, responding to Kitchener City Council's resolution of August 22, 1994 with respect to the reform of the Goods and Services Tax. 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 C. Zehr Seconded by Councillor T. Galloway "That tender T94-67, Two (2) Self-Propelled Street Sweepers, be awarded to Joe Johnson Equipment Inc., Barrie, Ontario at their tendered price of $243,388. less $14,000. each for the two trade-in units for a net price of $215,380. plus G.S.T. and P.S.T." - and - "That tender T94-68, Victoria Lake Sediment Removal, be awarded to E & E Seegmiller Limited, Kitchener, at their tendered price of $418,013.94, including G.S.T." Councillor T. Galloway expressed concern that only one of the bidders for the Self-Propelled Street Sweepers was able to meet specification. He further noted that it appeared the City is receiving few acceptable tenders for heavy equipment and is selecting bids which are not the lowest submitted. He questioned whether the specifications are too rigid, thereby preventing competitive bids. Mr. L. Gordon clarified that with respect to the Street Sweepers, two vendors were able to generally meet the specification, but the tender bid recommended for approval included a higher trade-in value for a Sweeper presently owned by the City. Mr. Gordon added that in his experience, staff attempt to structure the specification so that several vendors can bid, though in many instances the equipment required is very specialized. Mr. McKay added that the small number of vendors is a reflection of a small Canadian market for specialized equipment which includes such items as buses and fire trucks. The previous motion by Councillor C. Zehr, seconded by Councillor T. Galloway, to adopt the tenders listed in the Committee of the Whole agenda this date, was voted on and Carried. Mr. William Dopp appeared on behalf of the Brain Tumour Foundation of Canada and the KitchenerANaterloo/Cambridge You Need Not Be Alone Support Group. Mr. Dopp circulated an information package and presented various facts concerning the nature of brain tumours and the organizations he represents. He requested that October, 1994 be proclaimed "Brain Tumour Awareness Month". Mayor D.V. Cardillo read a proclamation designating October, 1994 as "Brain Tumour Awareness Month" in the City of Kitchener, and urged the citizens to raise funds for research, education and support. Ms. Lisa Duggan registered as a delegation this date but was not in attendance. Mayor D.V. Cardillo noted that Ms. Duggan had planned to advise Council of the dangers of children not wearing an identification bracelet, and suggested that this item be referred to Child Find. OCTOBER 11, 1994 COUNCIL MINUTES -507- CITY OF KITCI:IENER Mr. James Webb, Cumming Cockburn, appeared on behalf of Monarch Construction and in support of the Stage 7 Zoning By-law listed on the agenda for three readings this date. Mr. Webb also referred to Planning & Development Department Report No. PD 94/101 and indicated his support for the recommendations therein. The report recommends minor amendments to the By-law involving the deletion and replacement of two maps in response to a request from Monarch Construction that their lands, which are subject to Plan of Subdivision Application 30T-88015, be removed from the By-law. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson Limited, appeared on behalf of Hallman Brierdale Limited and in support of the recommendations in Planning and Development Department Report No. PD 94/104 involving the addition of a clause to the notwithstanding provision affecting his client's lands on Lackner Boulevard. The clause would have the effect of permitting off-street parking between a building facade and the street, thereby avoiding a contradiction between the new parking regulation and the approved site plan for the subject lands. Mr. T. McCabe advised that the changes requested by both Mr. Webb and Mr. Britton are considered minor in nature, and noted that on this basis, staff are also asking that no further notice be given prior to passing the related by-laws. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler That the proposed by-law to amend By-law 85-1, being Stage 7 of the City's Comprehensive Zoning By-law, dated August 18, 1994, be amended by deleting maps 16 & 17 and replacing these with the maps appended to Planning & Development Department Report PD 94/101, and further, That Council consider the above change to the by-law as minor in nature, and not require any further notice be given prior to enacting the proposed by-law for Zone Change Application 94/01/TC/J G. Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler That the proposed by-law to amend By-law 85-1, being the Stage 7 of the City's Comprehensive Zoning By-law, dated August 18, 1994, be amended by adding a phrase to clause 196 of subsection 43(g) so that it reads as follows (underlining identifies new phase): "196. That notwithstanding Sections 41.2 and 6.1 of this By-law, within the lands zoned R-7 on Schedule 348 of Appendix 'A', described as Part of Lot 120, German Company Tract, the minimum northerly side yard shall be 5.5 metres, there shall be a minimum distance of 1.0 metre between parking structures and the northerly lot line, the minimum parking requirement for a multiple dwelling shall be 1.25 parking spaces per unit, and off-street parkin.q may be located between the facade and the street," and further, That Council consider the above change to the by-law as minor in nature and not require any further notice be given prior to enacting the proposed by-law for Zone Change Application 94/01/TC/J G. Carried. Mr. Paul Britton was also in attendance on behalf of the owner of the Gateway Park Subdivision lands and in support of the recommendation in Planning & Development Report PD 94/102. The report recommends a change to the City's Municipal Plan involving the application of a holding provision to the Gateway Park lands designated as "Highway Commercial". Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler That Council request the Regional Municipality of Waterloo to modify Part 3, Policy 12.6.Vll of the City's Municipal Plan to replace the phrase "Designation of Business Park" with "Designations of Business Park and Highway Commercial", and OCTOBER 11, 1994 COUNCIL MINUTES - 508- CITY OF KITCI:IENER That Council give three readings to the revised by-law for Zone Change Application 94/09/TC/JG, incorporating the holding provisions, and further, That Council consider the change to the by-law as minor in nature and not require that further notice be given prior to enacting the proposed by-law for Zone Change Application 94/09/TC/JG. Carried. Ms. Mary Ann Wasilka appeared concerning clause 2 of the Planning and Economic Development Committee report of this date with respect to the Demolition Control By-law and related procedures. Ms. Wasilka asked that Council either include reference to specific properties on Bingeman Street, or alternately, remove properties at Lancaster and Frederick Streets from the by-law and ask the developer to submit his/her own conditions. She then presented a series of photographs showing vacant lands, abandoned properties and properties scheduled for demolition throughout the City and questioned why some properties are specifically mentioned in the recommendation and others not. She also raised concerns as to whether the by-law would allow hazardous properties to be demolished without redevelopment plans, and questioned the role of lot maintenance in the overall process. Councillor C. Weylie disclosed a conflict of interest and abstained from all voting and discussion concerning clause 2(7) as some of the properties referred to are owned by a client of her employer. Councillor M. Yantzi pointed out that in several instances buildings have been torn down by order of the Chief Building Official as a result of safety concerns, and were not necessarily removed as a result of the existing Demolition Control By-law. He added that where buildings have been removed under the By-law, landscaping requirements are imposed. Councillor Yantzi also indicated that he is skeptical as to whether the old Demolition Control By-law actually saved properties from premature demolition. Ms. M. Wasilka asked for clarification as to why specific properties are being listed in a Demolition Control By-law. Ms. S. Frenette responded indicating that a previous Ontario Municipal Board ruling required that none of the properties in the area of Frederick and Lancaster Streets could be removed until redevelopment plans are in place. She indicated that the City wishes to reopen the issue and have the owner reapply so that these properties could be considered relative to established demolition criteria. Ms. Frenette suggested that clause 2(7) could be amended to indicate that an application to demolish would apply to appropriate properties only and that such applications would be considered by Council. Mr. Robert Braun advised that he is a past resident of the Lancaster/Frederick Street Neighbourhood and supports the recommendation outlined in clause 2 of the Planning and Economic Development Committee report of this date. He stated that he is disillusioned with the current state of the properties and is amazed that anyone is allowed to live in these buildings given their current state of disrepair and deterioration. Mr. Braun indicated that he is pleased Council is finally taking action to improve the situation and suggested that the intent of a Demolition Control By-law should be to maintain a neighbourhood. He added that in his opinion, vacant lots would be preferable to some of the buildings which are presently there and continue to deteriorate. Mr. Harold Prell appeared as a resident of Bingeman Street and noted that he has spent a significant amount of money to restore his home. He pointed out that the houses across the street from his property have now deteriorated to the point where repair may no longer be possible, and this is no encouragement to remain in the neighbourhood. Mr. Prell stated that it was hard for him to believe that anyone would be allowed to live in these properties given their current state, and questioned when they were last inspected. Mr. Prell also referred to the fact that his taxes had recently been increased by approximately 33% and that he has not received the full benefit of new road and sidewalk construction which have stopped at Samuel Street, presumably due to the properties in question. Mr. Prell requested that something be done about the current situation. Councillor B. Stortz suggested that new construction has not been extended because if the subject site is developed, the road would have to be torn up to install services. Mayor D.V. Cardillo asked that Mr. D. Suzuki take the comments of Mr. Prell under advisement. Councillor M. Wagner clarified that Mr. Peter Bufe who was registered as a delegation this date is not in attendance on behalf of the City's Local Architectural Conservation Advisory Committee, but in his capacity as a private citizen. Mr. P. Bufe read from a prepared statement and asked that Council defer consideration of clause 2 of the OCTOBER 11, 1994 COUNCIL MINUTES -509- CITY OF KITCI:IENER Planning and Economic Development Committee report of this date relative to the Demolition Control By- law and Procedures. He indicated his concern that a far-reaching policy change is being advocated without public consultation, and in order to solve a specific long standing problem on Bingeman Street. He characterized the street as another typical example of blockbusting, whereby an owner allows the property to deteriorate to a point where demolition is necessary. Mr. Bufe offered the opinion that the City has been lax in enforcing its Property Standards By-law on the basis that once developed, the site will provide needed residential housing. He suggested that the proposed changes will make it easier to obtain a demolition permit, and pointed out that the City is showing no sign of enforcing or stiffening its Property Standards By-law. Mr. Bufe specifically asked that Council delete subsection 7 of clause 2 in order to make it absolutely clear that no special consideration will be given to the owner of the subject properties, and that Council does not wish to give unconditional approval to the issuance of demolition permits for the properties on Frederick, Lancaster and Bingeman. Mr. Bufe added that he had spoken to Mr. J. Shivas of the City's Legal Department who had advised that there is legally no reason to insert subsection 7. In closing, Mr. Bufe advised that he has spoken on behalf of a number of area residents who object to the current state of affairs and suggested that the only solution to the problem is to strengthen and enforce the City's Property Standards By-law. Moved by Councillor C. Weylie Seconded by Councillor G. Lorentz That clause 2, sub-sections 1-6, of the Planning and Economic Development Committee report of this date be adopted. Councillor M. Yantzi indicated he would support the recommendation, however, he expressed concern that many individuals in the municipality are of the impression that these actions amount to Council capitulating to demolition throughout the City, which is not the case. Councillor G. Leadston indicated that he would support the recommendation, and would also encourage authorities to inspect the subject properties as soon as possible to determine whether they are habitable. Councillor T. Galloway questioned the need for subsection 7 of clause 2 and indicated that he would not support this portion of the recommendation. Ms. Frenette explained that without this clause it could be construed that the City was discriminating against a particular property by treating it differently from other properties in the City. Councillor C. Zehr suggested a preamble to subsection 7 of clause 2 which would explain the reason for referring to specific properties, given the Ontario Municipal Board ruling. Councillor M. Wagner questioned why, pursuant to clause 2(6), the City would totally waive the redevelopment requirements for these properties after two years. Ms. Frenette replied that a penalty cannot be attached to these properties since demolition permits were not previously submitted. Ms. Frenette also read her draft for a revised clause 2(7). Moved by Councillor B. Stortz Seconded by Councillor G. Lorentz That clause 2, sub-section 7, of the Planning and Economic Development Committee report of this date be amended to include the relevant background concerning the Ontario Municipal Board ruling as it applies to the subject properties, and to indicate that any applications to demolish would be for appropriate buildings and be submitted for the consideration of Council. Carried. Moved by Councillor B. Stortz Seconded by Councillor G. Lorentz That clause 2(7) of the Planning and Economic Development Committee report of this date be adopted, as amended. Carried. Councillor M. Wagner offered the opinion that Council is not dealing with the most important issue, namely, properties which are being allowed to deteriorate and be subsequently demolished. He suggested that the issue of property standards should be revisited. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler OCTOBER 11, 1994 COUNCIL MINUTES -510- CITY OF KITCI:IENER That the report of the Planning and Economic Development Committee of Council of this date be adopted. Voted on clause by clause. Clause 2, subsections 1-6 - Dealt with under Delegations and Carried. Clause 2, subsection 7 - Dealt with under Delegations and Carried, as amended. Balance of report - Carried. Recorded conflict of interest and abstention: Clause 2(7) - Councillor C. Weylie, as some of the properties referred to are owned by a client of her employer. Moved by Councillor G. Lorentz Seconded by Councillor C. Zehr That the report of the Community Services Committee of this date be adopted. Councillor T. Galloway referred to clause 3 and enquired whether other municipalities have initiated programs involving the upgrading of playgrounds to meet CSA standards. Mr. T. Clancy replied that similar programs are in place in Brantford, Cambridge and Sarnia and that these are viewed as remedial steps. He also pointed out that the City of Kitchener already has a respected hazard and maintenance program for playgrounds. Councillor Galloway referred to some reactions he had noted which indicate there may be a public perception that some Kitchener playgrounds are unsafe. The report of the Community Services Committee was then put to a vote and Carried. Moved by Councillor J. Ziegler Seconded by Councillor T. Galloway That the report of the Environmental Committee of this date be adopted. 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 expressed concern that pursuant to clause 9, the City may be discouraging citizen participation by charging for minutes. He suggested that if citizens are eligible to receive a certain number of minutes per year free-of-charge, judgement should be used in determining whether subsequent requests are an abuse of the privilege. In response to a further question from Councillor Zehr, Mr. R.W. Pritchard advised that the majority of minute recipients are businesses and professionals, and a more detailed breakdown could be provided if requested by Council. Mr. T. McKay suggested that the City Clerk be allowed to exercise discretion in individual circumstances where it is necessary for a citizen to follow a specific item over an extended period of time. Councillor C. Zehr accepted, as a friendly amendment, a suggestion from Councillor J. Ziegler that notwithstanding the fact that four sets of minutes per year would be provided to each citizen free-of- charge, the City Clerk exercise discretion as to the number of additional sets provided. Councillor T. Galloway asked that this item be dealt with separately as he does not support this initiative as it applies to the average citizen. He also suggested that minutes should be made available at the main library and all branches for reference by the public, and for copying where appropriate. Mr. R.W. OCTOBER 11, 1994 COUNCIL MINUTES - 511- CITY OF KITCI:IENER Pritchard advised that he will ensure libraries receive copies of minutes in future, if they are not provided at present. Councillor M. Wagner indicated his opposition to clause 5 which asked the Province to investigate the use of binding referenda with respect to local government matters, as it implies that Council has already made a decision in this regard. Both Councillors G. Leadston and G. Lorentz indicated that they did not feel the recommendation implies agreement and that further information as to available options would assist in making an informed decision. Moved by Councillor J. Ziegler Seconded by Councillor T. Galloway That clause 5 of the Finance and Administration Committee report of this date be amended so as to delete all reference to the Constitution By-law adopted by the City of Rossland, British Columbia. Carried. Councillor G. Lorentz advised that he does not support clause 10 involving acceptance of a proposal to install a 400 user voice mail system in City Hall. He suggested that 400 users is far too many and that extensive use of voice mail will only frustrate taxpayers. A recorded vote was requested. The report of the Finance and Administration Committee was then put to a vote. Voted on clause by clause. Clause 5 - Carried, as amended. Clause 9 - Carried, as amended. Clause 10 - Carried on a recorded vote. In Favour: Mayor D.V. Cardillo, Councillors B. Stortz, M. Wagner, M. Yantzi, J. Smola, G. Leadston, C. Zehr, J. Ziegler, T. Galloway and C. Weylie. Contra: Councillor G. Lorentz. Balance of report - Carried. Moved by Councillor J. Smola Seconded by Councillor M. Wagner That the report of the Public Works and Transportation Committee of this date be adopted. Councillor C. Zehr referred to clause 1 involving maintenance of the existing level of parking by-law enforcement. He suggested that there are few streets with excessively wide boulevards where the previously discussed circumstances would apply, and indicated he supports general enforcement provided there are exceptions made for boulevard parking in these areas. Mr. D. Snow advised that it is difficult to entertain exceptions to enforcement without the perception of discrimination. He noted that at present the by-law is all encompassing in this regard and also referred to a similar enforcement issue involving parked cars encroaching on sidewalks. He offered the opinion that uniformity is the key to successful enforcement of the by-law, and expressed concern about setting a precedent by exempting certain areas. Councillor Zehr accepted the comments of Mr. Snow, but indicated enforcement should also be looked at from a common sense standpoint. The report of the Public Works and Transportation Committee was then voted on and Carried. Councillor C. Zehr referred to a recent newspaper article on the school bus policy which suggested the OCTOBER 11, 1994 COUNCIL MINUTES -512- CITY OF KITCI:IENER City and the School Board did not communicate prior to implementation. Mr. T. McKay indicated that staff had met with School Board representatives in June and advised at that time that there would be a problem in September if they proceeded with plans for an earlier school starting time. He clarified that the Board has taken the position that it was not advised when these problems did materialize, however, a letter has been recently sent to the School Board Chairman. Councillor G. Lorentz asked that members of Council receive copies of the letter. Councillor J. Ziegler advised of a public meeting planned for 7 p.m. on October 18, 1994 at Alpine Public School involving a presentation by Kitchener Transit on bus safety. He indicated that the public and all members of Council are invited to attend. Moved by Councillor C. Zehr Seconded by Councillor G. Leadston That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to close and sell part of Joyce Avenue (as now known) in the City of Kitchener (b) To further amend By-law 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (c) To further amend By-law 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities (d) Being a by-law to amend Chapter 450 of The City of Kitchener Municipal Code with respect to Noise (e) Being a by-law to amend By-law 85-1 to apply its zones to areas outside the Inner City - Seventh Stage - No. 94/01/TC/JG (f) Being a by-law to amend By-law 85-1 - Gateway Park Drive area including lands owned by 8-401 Developments/MacApee Holdings and C. Udvari/783115 Ontario Ltd. and City-wide Introduction of Highway Commercial (C-8) Zone - No. 94/09/G/JG (g) To confirm all actions and proceedings of the Council and that the same be taken as read a first time and stand referred to the Committee of the Whole. Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor D.V. Cardillo appointed Councillor C. Weylie as Chairman. On motion, the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the Chair. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed. Carried. Moved by Councillor C. Zehr Seconded by Councillor G. Leadston That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law 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. 94-180) OCTOBER 11, 1994 COUNCIL MINUTES -513- CITY OF KITCI:IENER (b) (c) (d) (e) (f) To further amend By-law 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities (By-law No. 94-181 ) Being a by-law to amend Chapter 450 of The City of Kitchener Municipal Code with respect to Noise Being a by-law to amend By-law 85-1 Seventh Stage - No. 94/01/TC/JG (By-law No. 94-182) to apply its zones to areas outside the Inner City - (By-law No. 94-183) Being a by-law to amend By-law 85-1 - Gateway Park Drive area including lands owned by 8-401 Developments/MacApee Holdings and C. Udvari/783115 Ontario Ltd. and City-wide Introduction of Highway Commercial (C-8) Zone - No. 94/09/G/JG To confirm all actions and proceedings of the Council (By-law No. 94-184) (By-law No. 94-185) be taken as read a third time, be finally passed and numbered serially by the Clerk. On motion, the meeting adjourned. Carried. MAYOR PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - CLERK That Kitchener's City Council approve the property address changes, as follows: ROLL NUMBER 4-07-430 4-07-430-05 4-07-430-05 1) 2) CURRENT ADDRESS 26 Howe Drive 28 Howe Drive 30 Howe Drive PROPOSED ADDRESS 12 Howe Drive 14 Howe Drive 16 Howe Drive That Council retain the Demolition Control By-law 91-324 which designates the entire City of Kitchener as a demolition control area. That the following criteria be used to evaluate the appropriateness of a application to demolish a residential property in circumstances where no building permit will be issued for a new building on the site: a) whether the property is subject to the Rental Housing Protection Act and/or the Ontario Heritage Act. b) whether the property has architectural or historical value or interest. c) the condition of the dwelling in terms of fire, life safety, and structural sufficiency. d) the impact of the demolition on abutting properties, streetscape and neighbourhood stability. OCTOBER 11, 1994 COUNCIL MINUTES -514- CITY OF KITCI:IENER COUNCIL MINUTES OCTOBER 11, 1994 - 514- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL e) timeframe of redevelopment (if applicable). f) proposed use of site in terms of zoning and compatibility with adjacent properties. g) consultation with the neighbourhood where appropriate. 3) In circumstances where a building permit has been issued for a new building on the site, Council must issue a demolition control permit and may apply a condition that the owner substantially complete the new building in at least two years or face a fine of $20,000 per demolished unit. 4) That Council endorse the procedures for processing demolition control applications presented in Appendix "A" of Staff Report PD 94/58, subject to revision of section 5 of Appendix "A" (Procedures for the Issuance of Demolition Permits under the Demolition Control By-law) so as to add an additional consideration factor providing that the neighbourhood be consulted where appropriate. 5) That Council amend the Building By-law No. 94-31, attached as Appendix "B" of Staff Report PD 94/58, to give authority to the Chief Building Official to require conditions pertaining to grading, drainage, erosion, removal of redundant services and site restoration prior to the issuance of a demolition permit. Subsection 2 of Section 2.3 of the Building By- law should be amended to read: 2.3(2) Where application is made for a demolition permit under subsection 8(1) of the Act, the application shall: (a) be accompanied by a plan to confirm compliance with all zoning regulations and a detailed Grading and Drainage Control Plan including siltation, erosion control and tree protection measures to be approved by the Chief Building Official or the Commissioner of Public Works (and the Regional Municipality of Waterloo or the Ministry of Transportation, if applicable), prior to the commencement of any site grading or demolition. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) (b) (c) be accompanied by satisfactory proof that arrangements, financial or otherwise have been made, to the satisfaction of the Commissioner of Public Works, for the removal of any redundant service connections and driveways and for the installation of all new service connections (if applicable). contain the agreement of the applicant to comply with the standards for demolition as set out below: i) Remove sidewalks and driveways from the site Remove all construction debris and rubble from the site Remove foundation walls to a minimum of two feet below finished grade Back fill and compact site to finished grade with non- organic material Cover site with topsoil to a minium depth of four inches with sod or seed Grade in accordance with approved grading and drainage control plan set out in section 2.3(2)(a) above. COUNCIL MINUTES OCTOBER 11, 1994 - 515- CITY OF KITCI:IENER COUNCIL MINUTES OCTOBER 11, 1994 - 515- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL 6) That Council waive the requirements to redevelop within two years of receipt of the demolition permit which was applied to the following properties as a condition of demolition: 22 Courtland Avenue West 530 & 540 Queen Street South (Dealt with under Delegations and Carried) 7) WHEREAS the Ontario Municipal Board order affecting the demolition of any of the following properties indicated that demolition may not be considered without the issuance of a building permit, and, WHEREAS Council now has new criteria to evaluate demolition applications, NOW, THEREFORE, Council directs staff to contact the owner of 247, 245, 237, 235, 227, 223, 219-221,215, 209 Frederick Street, 128, 130, 134, 138-140 Lancaster Street and 10, 14, 18, 22, 26,30, 32-34, 38 Bingeman Street relative to resubmitting, for consideration by Council, an application to demolish appropriate properties under the Demolition Control By- law and the Rental Housing Protection Act. (Dealt with under Delegations and Carried, as amended) That City Council endorse the City of Kitchener Local Architectural Conservation Advisory Committee Strategic Plan, and recommend implementation of the Strategic Priorities By Key Activity Area (1994-1998), subject to budget approvals. 1) That a further extension to March 1, 1995 be granted to complete a report relative to circulation notice requirements and recirculation of planning proposals. 2) That the review and development of new public notification procedures be undertaken concurrently with the development of a local mediation program to ensure continuity between these two processes. COMMUNITY SERVICES COMMITTEE - That, subject to the acceptance by the Legal Department and subject to the groups entering into an agreement with the City of Kitchener, we endorse the adoption of Dom Cardillo Trail by the Kitchener Rotary Club and of Westwood Park by Scouts Canada; and further That the Parks and Recreation Department encourage other community groups and organizations to undertake similar initiatives, with staff to approve the corresponding agreements. That the lease proposed for the Artists in Residence programme be changed to a Licensing Agreement. That we approve the report of Mr. J. Nelson, Supervisor, Technical Services, dated September 27, 1994, regarding Canadian Standards Guidelines on Childrens Playscapes; and That we commit the capital allotment for playground for two and half years to upgrade the playgrounds in the City to C.S.A. standards; and That we require all future playgrounds installed in City parks or property to meet current C.S.A. standards; and That staff draw up a plan for re-development of the Victoria Park Playground, including cost OCTOBER 11, 1994 COUNCIL MINUTES -516- CITY OF KITCI:IENER COUNCIL MINUTES OCTOBER 11, 1994 - 516- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL estimates, to be presented to Council for approval at a future date; and further That we approve a transfer of $24,000 to Capital to purchase additional equipment to allow two crews to make the upgrades and changes required. That we approve the change to Articles 210.9.7 (Flowerbeds) and 210.9.10 (Artificial Arrangements) of the Municipal Code, as outlined in the report prepared by Mr. G. Kett, Manager, Cemeteries and Golf Courses, dated August 31, 1994. That no action be taken on the request of Alcoholics Anonymous, Turning Point Step Group, for an in-kind facility grant in the amount of $2,950 for use of the Mill Courtland Community Centre; and further That staff assist Alcoholics Anonymous to find accommodation elsewhere. That the Victoria Park 100th Birthday Committee become a Committee of Council; and further That the City Clerk be directed to advertise for four members of the community at large to be appointed to this committee, effective December 1, 1994. ENVIRONMENTAL COMMITTEE - That the City of Kitchener support the "Cities for Climate Protection" initiative sponsored jointly by the Federation of Canadian Municipalities and the International Council for Local Environmental Initiatives (ICLEI), and further That in respect to this support the City of Kitchener approves adoption of the "Canadian Declaration on Climate Change and the Urban Environment" and further That the City of Kitchener considers its "Strategic Plan for the Environment" to satisfy the requirement for municipal signatories to develop local action plans, and further That the Federation of Canadian Municipalities and the International Council for Local Environmental Initiatives be advised of this resolution. ENVIRONMENTAL COMMITTEE - (CONT'D) That an invitation be extended to organizations such as Netmar Systems to attend a future meeting of the Environmental Committee to discuss a way of controlling delivery of unaddressed solicited mail (junk mail) to households that do not wish to receive it. FINANCE AND ADMINISTRATION COMMITTEE - That no action be taken at this time to change the maximum bingo prize board from the current $2,500.00 amount. That the Twin City Committee be asked to facilitate development of a procedure, binding upon each municipality, whereby Kitchener and Waterloo would be required to consult one another regarding any proposed future changes to bingo prize boards and place recommendations before their respective Councils, and further, That Waterloo City Council be asked to adopt a similar motion of intent. OCTOBER 11, 1994 COUNCIL MINUTES - 517- CITY OF KITCI:IENER COUNCIL MINUTES OCTOBER 11, 1994 - 517- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL That Council grant the request of the K-W Hospital for authority to enforce, on Hospital property, Chapter 685 (Smoking in Various Areas, Institutions and Businesses) of the City's Municipal Code subject to the following: the City of Kitchener amending its schedule of by-law enforcement appointments; and City staff training Hospital staff with respect to proper procedures for laying charges under Chapter 685. That no action be taken at this time on the request of Mr. Boris Sniatenchuk that the City investigate the feasibility of implementing a model of government called Citizen Based Government/Direct Democracy similar to that presently used by the City of Rossland, British Columbia. That the City of Kitchener requests the Province of Ontario to investigate means (including possible legislative amendments) whereby municipal councils could utilize binding referenda with respect to local government matters. (As Amended). That no fee reduction be implemented relative to applications involving both Local Improvement Inquiries and Tax Certificates, where both are requested in a single letter. That the $500.00 Transient Trader licence fee paid by M & G Motors on June 16, 1993 be refunded. That a maximum of two additional vendors be invited onto King Street and/or the Kitchener Civic Square for the Festival of the Night event to be held December 31, 1994, with such vendors to be first chosen from existing vendors or restaurateurs in downtown Kitchener, and further, That no action be taken on the request to waive the related licensing fees in return for a negotiated sponsorship of the event. That effective January 1, 1995, the following schedule of fees be implemented relative to the provision of Council and Standing Committee Minutes: Annual Charqe (plus GST) Council $75.00 Planning and Economic Development CommitteeS75.00 Community Services Committee $50.00 Finance and Administration Committee $50.00 Public Works and Transportation Committee $40.00 FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 9. (Cont'd) Individual Charqes (including GST) Council $ 5.00 per set Planning and Economic Development CommitteeS 5.00 per set Community Services Committee $ .25 per page Finance and Administration Committee $ .25 per page Public Works and Transportation Committee $ .25 per page That notwithstanding the above, no charge will be made for Minutes provided to government agencies, neighbourhood associations and the press, nor will any citizen of Kitchener be charged for the first four sets of minutes received in any year, and with respect to the latter, (and as individual circumstances warrant), the City Clerk is to exercise discretion as to the number of OCTOBER 11, 1994 COUNCIL MINUTES -518- CITY OF KITCI:IENER COUNCIL MINUTES OCTOBER 11, 1994 - 518- CITY OF KITCI:IENER 10. REPORTS ADOPTED BY COUNCIL additional sets provided free of charge. (As Amended). That proposal P94-3, for a 400 user voice mail system, be awarded to Kaynell Enterprises Inc., North York, at their proposed price of $49,295.00 plus GST and PST. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - 1. That the existing level of parking by-law enforcement be maintained. 2. That parking be prohibited on the east side of Forest Hill Drive, Monday to Friday, 8:00 a.m. - 4:00 p.m., from Fischer-Hallman Road to Hickory Heights Crescent, and further, That the Uniform Traffic By-law be amended accordingly. 3. That, effective October 1, 1994, natural gas rates in the City of Kitchener will be modified consistent with the presentation made to the Public Works and Transportation Committee on October 3, 1994, and in accordance with the recent ruling of the Ontario Energy Board. COUNCIL MINUTES OCTOBER 11, 1994 -519 - 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. Easement - FOREST WARD It was resolved: "That the Mayor and Clerk execute a Quit Claim Deed as to the right to install City services in favour of Bruce William Morton and Michelle Marie Cram over Part 9 and 10, Plan 58R-2896 on the property municipally known as 52 Cedar Crest Street." 2.Licenses It was resolved: "That the City of Kitchener has no objections to the Turner's Syndrome Society, 7777 Keele Street, Concord, Ontario, L4K 1Y7, being granted a licence for a raffle to be held at Fairview Park Mall, 2960 Kingsway Drive, Kitchener on Saturday, October 15, 1994 at approximately 5:00 p.m." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Region of Waterloo Swim Club to conduct a Monte Carlo and Break-Open Ticket event in the Rotunda, Kitchener City Hall, 200 King Street West, Kitchener on Saturday, April 29, 1995, from approximately 7:00 p.m. to 1:30 a.m. on Sunday, April 30, 1995." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Waterloo Minor Ringette Association Inc., 500 Parkside Drive, Waterloo, Ontario, N2L 5J4, to conduct a Monte Carlo event at the Holiday Inn, Fairway Road, Kitchener, on November 18-20, 1994 inclusive." 3. Encroachment Aqreements - CENTRE WARD It was resolved: "That the Mayor and Clerk be authorized to execute Encroachment Agreements between the City and the registered owners of the buildings located at 20 and 24 Water Street North, 22 Water Street South, 11 Young Street, 105-131 King Street East, 144-150 King Street West, 238 King Street West and 264-278 King Street West with respect to installation of light fixtures on the exteriors thereof to illuminate the adjacent laneways, being either Bell's Lane, Hall's Lane or the unnamed alley behind the Mayfair Hotel." 4.Committee of Adjustment - Siqn Variances - VICTORIA PARK WARD & CENTRE WARD It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of October 4, 1994, recommending approval of Submission No's S 6/94 - COUNCIL MINUTES OCTOBER 11, 1994 COUNCIL MINUTES - 520- CITY OF KITCI:IENER COUNCIL MINUTES OCTOBER 11, 1994 - 520- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL OCTOBER 11, 1994 -520 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 4.Committee of Adjustment - Siqn Variances - VICTORIA PARK WARD & CENTRE WARD (Cont'd) Kitchener Housing & S 7/94 - Preisenhammer Investments Inc. - Be Ratified and Confirmed." 5.Tenders Dealt with under delegations.