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HomeMy WebLinkAboutCouncil Minutes - 1995-02-20COUNCIL\1995-02-20 FEBRUARY 20, 1995 COUNCIL MINUTES CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Mayor Richard Christy. Councillor K. Redman, Acting Mayor, called on Councillor T. Galloway who introduced the choir members of the First Christian Reformed Church who attended the meeting to perform the singing of "O Canada". On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held February 6, 1995 and the special meetings held February 10, 1995 and February 13, 1995, as mailed to the Mayor and Councillors, were accepted. A. COMMUNICATIONS - Nil. Mr. Paul Dietrich appeared as a delegation on behalf of Vace Investments Inc., in support of Clause #1 of the Planning and Economic Development Committee report relative to Municipal Plan Amendment Application 94/3 - Hidden Valley Residential. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That Clause #1 of the report of the Planning and Economic Development Committee of this date be adopted." Councillor Jake Smola questioned when a secondary fire access route would be in place. Mr. T. McCabe advised that City Council has authorized 15 building permits to be issued prior to completion of a secondary access and that such access must be in place before a 16th building permit can be issued on some future date. Councillor Jake Smola then questioned if Fire Chief J. Hancock thought a single access was adequate. The Chief advised that his preference was for two accesses but that he could accept a single access on a temporary basis. He noted that there was some small risk with this situation. Councillor Jake Smola stated that a single access jeopardizes public safety and, for that reason, he was not in support of the Committee recommendation. The motion of Councillor C. Weylie to adopt Clause #1 of the report of the Planning and Economic Development Committee was then put to a vote and Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee of Council this date be adopted." Councillor Jake Smola requested that Clause #7 of the report be considered separately. In particular, he referred to subsection 2 which applies to Modification #13 relating to the Hallman Brierdale lands listed in Planning Staff Report PD 95/3. He stated that he could not support the Official Plan change as the land should be left as Low Rise Residential District and not be changed to Medium Rise Resi-dential District. He noted that the change was inappropriate in that single family dwelling properties could abut a multiple property with up to 8 stories. Councillor T. Galloway stated that he has reviewed situations of the type proposed and found Modification #13 to be a natural progression of land use. Also, he pointed out that the proposed change was being made to correct a mapping error. The report was then put to a vote. Voted on Clause by Clause Clause #1 - Dealt with under delegations and Carried. Clause #7 - Carried. Balance of Report - Carried. Councillor C. Weylie advised that Mr. Paul Britton was in attendance regarding the by-law listed under third reading as Item (h) dealing with the closing and sale of part of Zeller Drive. FEBRUARY 20, 1995 COUNCIL MINUTES - 69- CITY OF KITCI:IENER On motion by Councillor C. Weylie, seconded by Councillor M. Yantzi, Council agreed that third reading would be given to the by-law this date. Councillor T. Galloway advised that he wished to make it clear that his previous remarks regarding the disposition of the Zeller Drive lands related to the procedural aspect of how the City disposes of surplus property. Moved by Councillor G. Lorentz Seconded by Councillor John Smola "That the report of the Community Services Committee of this date be adopted." Councillor T. Galloway referred to Clause #7 and suggested that the recommendation should be revised slightly to indicate that the space needs of the Canadian Curling Association would be addressed prior to consideration of the needs of Swim Ontario. A motion by Councillor T. Galloway, seconded by Councillor G. Lorentz, was accepted that amended the second part of Clause #7 so as to provide that the needs of the Canadian Curling Association are satisfied prior to staff looking at accommodating the needs of Swim Ontario. Councillor J. Ziegler advised that he was opposed to Clause #13 of the report. Councillor G. Lorentz suggested that the grant be sourced out of downtown revitalization budget funds, however, Mr. T. McKay advised that it was more appropriate for the required funding to come from the City's Operating Budget. Councillor M. Wagner agreed that funding should come from the grant portion of the City's budget. Councillor Jake Smola referred to the City's grant policy which he pointed out allows only one grant request per year. A motion by Councillor G. Lorentz, seconded by Councillor J. Ziegler, to fund the grant monies referred to in Clause #13 of the report out of downtown revitalization budget funds, was put to a vote and Lost. The report was then put to a vote. Voted on Clause by Clause. Clause #7 - Carried (As Amended). Clause #9 & #13 - Carried. Balance of Report - Carried. Recorded pecuniary conflict of interest and abstention: Clause #9 - Councillor T. Galloway as he is an employee of the Kitchener Rangers Hockey Club. Councillor J. Ziegler requested that it be noted in the minutes that he is opposed Clause #13. Moved by Councillor M. Wagner Seconded by Councillor T. Galloway "That the report of the Local Architectural Conservation Advisory Committee of this date be adopted." Councillor T. Galloway referred to Clause #2 dealing with demolition of 1252 Doon Village Road. He expressed concern over what would happen to the property after demolition. Mr. T. McKay advised that he understood it was intended to be retained as part of the open space inventory but that Parks would be looking at the property in more detail. Councillor T. Galloway advised that S.P.U.D. has some ideas with respect to future of the property. The report was then put to a vote and Carried. 4. Moved by Councillor J. Ziegler FEBRUARY 20, 1995 COUNCIL MINUTES - 70- CITY OF KITCI:IENER Seconded by Councillor T. Galloway "That the report of the Finance and Administration Committee of this date be adopted." Councillor J. Ziegler suggested a revision of wording in regard to Clause #1 of the report. A motion by Councillor J. Ziegler, seconded by Councillor T. Galloway, to amend Clause #1 by deleting reference to waiving of part or all of the relevant parking fee and insert in place thereof the words "a grant which could be used towards their parking fee", was Carried. The report, as amended, was then put to a vote and Carried. Moved by Councillor John Smola Seconded by Councillor G. Lorentz "That the report of the Public Works and Transportation Committee of this date be adopted." Councillor Jake Smola advised that he was opposed to Clause #1 of the report which he stated should be part of the overall marketing strategy that Council would shortly consider. Councillor J. Ziegler stated that he supported the recommendation precisely because it was part of the marketing strategy that could be implemented at this time. On motion by Councillor John Smola, seconded by Councillor G. Lorentz, Council agreed to add a recommendation to the Committee report as Clause #2 dealing with a monitoring committee for the Graber Place Odour Study as outlined in a letter dated February 16, 1995, distributed to City Council by Mr. D. Suzuki. Councillor B. Vrbanovic requested that additional wording be added to the recommendation in the memorandum to clarify the issue of monitoring. Mr. D. Suzuki stated that the additional wording proposed by Councillor Vrbanovic was the overall intention and would, in fact, serve to reinforce that intention. The report was then put to a vote. Voted on Clause by Clause. Clause #1 - Carried. Balance of Report - Carried. Councillor J. Ziegler referred to discussion contained in the Management Committee Minutes respecting a Home Page for the City and commented that he did not recollect the matter coming to City Council. Mr. T. McKay advised that the Home Page was an application on Internet that provided both informational and promotional opportunities for the City of Kitchener. Councillor C. Weylie advised that she would like staff to be directed to bring the Home Page matter back to the Finance and Administration Committee for further consideration. Moved by Councillor C. Weylie Seconded by Councillor M. Wagner "That the Home Page Internet proposal be brought back to the Finance and Administration Committee on February 27th, if possible or alternately, March 20, 1995, for additional discussion along with a break down of costing details." Carried. Councillor G. Lorentz advised that he would like to see more Council roundtable discussions and it was his expectation that Mayor Christy intended this to be the case. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That Mayor Richard Christy call roundtable meetings of City Council and senior staff every 2 or 3 months." FEBRUARY 20, 1995 COUNCIL MINUTES - 71- CITY OF KITCI:IENER Carried. Councillor M. Yantzi requested an update on the City Hall Clock Tower. Mr. T. Clancy briefly noted the activities taking place and advised that the issue of fundraising would come before Council on March 6th. He detailed the activities of Conestoga student involvement and the staff and indicated positive progress was being made. Further, he noted there was a public meeting planned in March that would address this issue. Councillor M. Wagner commented on the luminaires that have been installed on Queen's Boulevard between Highland Road and St. Mary's Hospital and expressed his appreciation for the support City Council gave toward the extra funding required for this initiative. Councillor Jake Smola referred to Operation Frostbite held on February 17th involving a response by various officials to a simulated emergency. He thanked Regional and City staff as well as volunteers for their participation in an extremely well thought out exercise. Councillor K. Redman also commented that, as Acting Mayor, she had the opportunity to participate in the emergency operation. Mr. G. Sosnoski advised Council that memorandums had been distributed this date concerning two by- laws that were proposed to be added to the agenda for three readings this date. The first by-law deals with a Zone Change Application relative to the property known municipally as 1701 Glasgow Street and the second by-law deals with a Part Lot Control Exemption respecting lands on Bankside Drive. Council consented to the addition of these by-laws to the agenda for three readings this date. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to exempt certain farm lands from taxation for certain expenditures of the municipality (b) Being a by-law to amend Chapter 375 of The City of Kitchener Municipal Code with respect to Tariff of Fees Committee of Adjustment (c) Being a by-law to provide for the widening of the walkway known as Block G, Registered Plan 1257 in the City of Kitchener (d) Being a by-law to provide for the widening of part of Guelph Street as a public highway in the City of Kitchener (e) Being a by-law to amend By-law 93-200 being a by-law to establish an Emergency Plan governing the provision of necessary services during an emergency (f) Being a by-law to amend By-law 85-1 known as the Zoning By-law - Activa Development Corporation - Ottawa Street South - No.88/55/O/CL (g) To confirm all actions and proceedings of the Council (h) Being a by-law to amend By-law 85-1 known as the Zoning By-law - Autocraft Foreign Cars Inc. - 1701 Glasgow Street - No.931221GILM (i) Being a by-law to exempt a certain lot from Part Lot Control - Block 18 and Part Block 11, Registered Plan 1790, and Part Lot 1 and Part Block 109, Registered Plan 1796 - Bankside Drive 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 Acting Mayor K. Redman appointed Councillor B. Vrbanovic as Chairman. FEBRUARY 20, 1995 COUNCIL MINUTES - 79- CITY OF KITCI:IENER On motion, the Council rose from the Committee of the Whole and Acting Mayor K. Redman occupied the Chair. Moved by Councillor B. Vrbanovic Seconded by Councillor T. Galloway "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to exempt certain farm lands from taxation for certain expenditures of the municipality (By-law No. 95-20) (b) Being a by-law to amend Chapter 375 of The City of Kitchener Municipal Code with respect to Tariff of Fees Committee of Adjustment (By-law No. 95-21) (c) Being a by-law to provide for the widening of the walkway known as Block G, Registered Plan 1257 in the City of Kitchener (By-law No. 95-22) (d) Being a by-law to provide for the widening of part of Guelph Street as a public highway in the City of Kitchener (By-law No. 95-23) (e) Being a by-law to amend By-law 93-200 being a by-law to establish an Emergency Plan governing the provision of necessary services during an emergency (By-law No. 95-24) (f) Being a by-law to amend By-law 85-1 known as the Zoning By-law - Activa Development Corporation - Ottawa Street South - No.88/55/O/CL (By-law No. 95-25) (g) (h) (i) To confirm all actions and proceedings of the Council (By-law No. 95-26) Being a by-law to close and sell part of Zeller Drive (as now known) shown as Parts 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 26, 27, 28, 41, 42 and 43, Reference Plan 58R-9549 in the City of Kitchener Being a by-law to amend By-law 85-1 known as the Zoning By-law Cars Inc. - 1701 Glasgow Street - No.931221GILM (By-law No. 95-27) - Autocraft Foreign (By-law No. 95-28) FEBRUARY 20, 1995 COUNCIL MINUTES - 73- CITY OF KITCI:IENER (J) Being a by-law to exempt a certain lot from Part Lot Control - Block 18 and Part Block 11, Registered Plan 1790, and Part Lot 1 and Part Block 109, Registered Plan 1796 - Bankside Drive (By-law No.95-29) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned. MAYOR CLERK PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 1. 1) That City Council approve Municipal Plan Amendment Application 94~3 (Hidden Valley Residential -Vace Investments Inc.)as outlined: SECTION 4 - THE AMENDMENT The Municipal Plan for the City of Kitchener is hereby Amended as follows: 1) Part 3, Section 12, "Special Policies" is amended by deleting Policy 12.3. iii). SECTION 5 - IMPLEMENTATION AND INTERPRETATION The provisions of the Municipal Plan of the City of Kitchener regarding the implementation and interpretation of that Plan shall apply to this Amendment. It is the opinion of this Committee that the approval of this Amendment is proper planning for the City. 2) That City Council revise PD 153/88, being the Hidden Valley Residential Community Plan, by deleting Policy 3.3.5. It is the opinion of this Committee that the approval of this revision is proper planning for the City. 3) That City Council delete Clause 34 of Instrument Number 1052245, being an agreement between Vace Investments Inc. and the City of Kitchener, and replace it with the following: "34 The Subdivider agrees that a total of 15 building permits may be issued for the proposed development and Registered Plans 1740 and 1741 prior to the construction of the Wabanaki Drive Extension, and further that no additional building permits will be issued for this proposed development or for any lots or blocks contained within Registered Plans 1740 and 1741 until such time as Wabanaki Drive is constructed between Wilson Avenue and Hidden Valley Road in its final permanent alignment and to the satisfaction of the City's Commissioner of Public Works. In this regard, the Subdivider shall be responsible for the installation of a two (2) lane road being the Wabanaki Drive Extension from Wilson Avenue to the new local access road for the Hidden Valley area to binder asphalt constructed to City of Kitchener standards as approved by the City's Commissioner of Public Works including gravel shoulders and adequate storm ditches." 4) That City Council delete Clause 65 of Instrument Number 1102309, as amended by Instrument Number 1195933, being a Subdivision Agrement between Vace Investments Inc and the City of Kitchener regarding Registered Plans 1740 and 1741, and replace it with the following: "65 The Subdivider agrees that a total of 15 building permits for a maximum of 15 dwellings may be issued for the subject lands and the 6 residential lots created by consent on the north side of Hidden Valley Road prior to the construction of the Wabanaki Drive Extension, and further than no additional building permits will be issued for any lots or blocks contained within Registered Plans 1740 and 1741 or the lots created by consent until such time as Wabanaki Drive is constructed between Wilson Avenue and Hidden Valley Road in its final permanent alignment and to the satisfaction of the City's Commissioner of Public Works. In this regard, the Subdivider shall be responsible for the installation of a two (2) lane road being the Wabanaki Drive Extension from Wilson Avenue to the new local access road for the Hidden Valley area to binder asphalt constructed to City of Kitchener standards as approved by the City's Commissioner of Public Works including gravel shoulders and adequate storm ditches." (Dealt with under delegations and Carried.) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) That Council approve Condominium Conversion application CD/94/004 (Herbert Neumann) subject to the Owner entering into an Agreement under Section 12(1) of the Rental Housing Protection Act, which shall be executed and registered against the title to the lands at 41-71 Nottingham Avenue as part of any subsequent condominium agreement. The Agreement shall contain the following conditions: FEBRUARY 20, 1995 COUNCIL MINUTES - 75- CITY OF KITCHENER COUNCIL MINUTES FEBRUARY 20, 1995 - 75- CITY OF KITCHENER a) b) c) d) REPORTS ADOPTED BY COUNCIL The Owner agrees to supply the City's Policy, Research and Housing Division with a list of the names and addresses of all the tenants who occupy the residential units which now exist upon the subject lands, hereinafter called the "Existing Units", as of the date Council's approval of this Agreement under the Rental Housing Protection Act. Further, the Owner shall supply the City's Policy, Research and Housing Division with the names and addresses of any new tenant who commences to occupy an Existing Unit between the date of Council's approval of the Agreement and the date of registration of the final plan of condominium. All tenants referred to above are hereinafter called "the Tenants". The Owner agrees to give notice to the Tenants of their rights under the terms of the Agreement, within 30 days following the date of registration of the final plan of condominium, by providing them with a copy of this agreement and by filing proof of notification with the City's Policy, Research and Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by the Tenant as acknowledgement of receipt. This Agreement shall confer no rights whatsoever upon any new tenant who enters into a lease agreement with the Owner and occupies an Existing Unit after the date of registration of the final plan of condominium (hereinafter called a "Post-Registration Tenant"). The Owner shall give notice of this agreement to all Post-Registration Tenants, at the time they enter into their leases, and provide proof of notification to the Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by such tenants as acknowledgement of receipt, following which such tenants shall be deemed to have notice that they do not have any rights under this agreement. The Owner agrees that, in the event a Tenant wishes to continue to rent and occupy his or her Existing Unit, or to rent it until such time as he or she might exercise his or her right to purchase, the following conditions apply: The Tenant shall be entitled to continue to rent the unit which he or she is currently renting and occupying for a period of up to five years following the date of registration of the final plan of condominium (herein after called the "Five Year Rental Period"). Throughout the Five Year Rental Period, the applicable rent for a given unit shall not exceed the lawful maximum rent which could be charged for that rental unit under the Residential Rent Regulation Act, R.S.S. 1990, c. R.29, as amended (hereinafter called the "RRR Act") and any increases to that rent throughout the Five Year Rental Period shall be subject to the RRR Act. At the Tenant's discretion, the Owner and Tenant shall enter into a lease, leases, renewal or renewals for all or part of the Five Year Rental Period for such term or terms as is agreed to from time to time by the Tenant and the Owners, provided that the total term thereof does not exceed the Five Year Rental Period. The Owner agrees to supply the City's Policy, Research and Housing Division with an executed copy of the lease, and any subsequent renewals thereof during this five year period. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 2. (Cont'd) e) The Owner shall provide the Tenant or Tenants occupying an Existing Unit with the right of first FEBRUARY 20, 1995 COUNCIL MINUTES - 76- CITY OF KITCI:IENER COUNCIL MINUTES FEBRUARY 20, 1995 - 76- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL refusal to purchase it during the Five Year Rental Period. To establish that a Tenant has foregone or waived his or her right of first refusal to purchase, the Owners shall provide the Policy, Research and Housing Division with a written waiver of such right executed by the Tenant, witnessed and dated subsequent tot he date of registration of the final plan of condominium. If, at any time during the Five Year Rental Period, the Owner receives a bona fide, arms length offer to purchase an Existing Unit which the Owner is willing to accept and if the Tenant or Tenants of such unit have not waived their rights of first refusal to purchase, the Owners shall notify the Tenant or Tenants of such unit by providing them with a true copy of the offer to purchase and the Tenant or Tenants shall have the right, during the thirty days immediately following the receipt thereof, to purchase the unit by delivering to the Owner a signed offer to purchase for the price and upon the terms and conditions contained in the original offer, which the Owner shall accept immediately. The Owner shall provide proof of notification to the City's Policy, Research and Housing Division, either by a sworn affidavit or service or by a copy of the original offer to purchase signed by the Tenant as acknowledgement of receipt. If the Tenant or Tenants do not deliver an offer to purchase to the Owner within thirty days, the Tenant or Tenants shall be deemed not to have exercised the right of first refusal and the Owner may accept the original offer to purchase. If for any reason the Tenant or Tenants do not exercise the right of first refusal and the Owner do not complete the offer to purchase which had been received, the right of first refusal of the Tenant or Tenants shall continue in effect. f) It is hereby agreed that the Tenant shall lose his or her rights under this Agreement, if: the Tenant vacates the Existing Unit with or without due notice to the Owner; the Tenant sublets the Exiting Unit; or the Owner obtains a writ of possession to the Existing Unit, all rights of appeal in respect thereof have expired and the Owner files a copy thereof with the Policy, Research and Housing Division. The Tenants shall not transfer or assign their rights under this Agreement. g) The Owners agree to engage the services of a consultant with qualifications acceptable to the City's Chief Building Official, to conduct a building audit to establish the physical condition of the structure, prior to draft approval of any plan of condominium on the lands, and to file the results of the building audit with the City of Kitchener Planning and Development Department. The Owner shall correct, to the satisfaction of the Chief Building Official, any health and safety deficiencies uncovered by the audit which relate to the Building Code or the City's Property Standard By-law and, upon correction, the City's Chief Building Official will notify the Owner in writing that the deficiencies have been corrected to his satisfaction. h) Prior to the sale of any of the Existing Units, the Owner shall notify potential purchasers that the results of the building audit are available for their consideration. i) If a term of this Agreement is inconsistent with the rights conferred upon the Owners or a Tenant under the Rental Housing Protection Act, the Residential Rent Regulation Act or the Landlord and Tenant Act, R.S.O. 1990. c. L.7, as amended, the provisions of the aforesaid statues are deemed to apply. It is the opinion of this Committee that the approval of this application is proper planning for the City. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) That Council approve Condominium Conversion application CD/94/003 (Lou Makrigaini) subject to the Owner entering into an Agreement under Section 12(1) of the Rental Housing Protection Act, which shall be executed and registered against the title to the lands at 15 Scenic Drive as part of any FEBRUARY 20, 1995 COUNCIL MINUTES - 77- CITY OF KITCHENER COUNCIL MINUTES FEBRUARY 20, 1995 - 77- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL subsequent condominium agreement. The Agreement shall contain the following conditions: a) The Owner agrees to supply the City's Policy, Research and Housing Division with a list of the names and addresses of all the tenants who occupy the residential units which now exist upon the subject lands, hereinafter called the "Existing Units", as of the date Council's approval of this Agreement under the Rental Housing Protection Act. Further, the Owner shall supply the City's Policy, Research and Housing Division with the names and addresses of any new tenant who commences to occupy an Existing Unit between the date of Council's approval of the Agreement and the date of registration of the final plan of condominium. All tenants referred to above are hereinafter called "the Tenants". b) The Owner agrees to give notice to the Tenants of their rights under the terms of the Agreement, within 30 days following the date of registration of the final plan of condominium, by providing them with a copy of this agreement and by filing proof of notification with the City's Policy, Research and Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by the Tenant as acknowledgement of receipt. c) This Agreement shall confer no rights whatsoever upon any new tenant who enters into a lease agreement with the Owner and occupies an Existing Unit after the date of registration of the final plan of condominium (hereinafter called a "Post-Registration Tenant"). The Owner shall give notice of this agreement to all Post-Registration Tenants, at the time they enter into their leases, and provide proof of notification to the Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by such tenants as acknowledgement of receipt, following which such tenants shall be deemed to have notice that they do not have any rights under this agreement. d) The Owner agrees that, in the event a Tenant wishes to continue to rent and occupy his or her Existing Unit, or to rent it until such time as he or she might exercise his or her right to purchase, the following conditions apply: The Tenant shall be entitled to continue to rent the unit which he or she is currently renting and occupying for a period of up to five years following the date of registration of the final plan of condominium (herein after called the "Five Year Rental Period"). Throughout the Five Year Rental Period, the applicable rent for a given unit shall not exceed the lawful maximum rent which could be charged for that rental unit under the Residential Rent Regulation Act, R.S.S. 1990, c. R.29, as amended (hereinafter called the "RRR Act") and any increases to that rent throughout the Five Year Rental Period shall be subject to the RRR Act. At the Tenant's discretion, the Owner and Tenant shall enter into a lease, leases, renewal or renewals for all or part of the Five Year Rental Period for such term or terms as is agreed to from time to time by the Tenant and the Owners, provided that the total term thereof does not exceed the Five Year Rental Period. The Owner agrees to supply the City's Policy, Research and Housing Division with an executed copy of the lease, and any subsequent renewals thereof during this five year period. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 3. (Cont'd) COUNCIL MINUTES FEBRUARY 20, 1995 - 78- CITY OF KITCHENER COUNCIL MINUTES FEBRUARY 20, 1995 - 78- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL e) The Owner shall provide the Tenant or Tenants occupying an Existing Unit with the right of first refusal to purchase it during the Five Year Rental Period. To establish that a Tenant has foregone or waived his or her right of first refusal to purchase, the Owners shall provide the Policy, Research and Housing Division with a written waiver of such right executed by the Tenant, witnessed and dated subsequent tot he date of registration of the final plan of condominium. If, at any time during the Five Year Rental Period, the Owner receives a bona fide, arms length offer to purchase an Existing Unit which the Owner is willing to accept and if the Tenant or Tenants of such unit have not waived their rights of first refusal to purchase, the Owners shall notify the Tenant or Tenants of such unit by providing them with a true copy of the offer to purchase and the Tenant or Tenants shall have the right, during the thirty days immediately following the receipt thereof, to purchase the unit by delivering to the Owner a signed offer to purchase for the price and upon the terms and conditions contained in the original offer, which the Owner shall accept immediately. The Owner shall provide proof of notification to the City's Policy, Research and Housing Division, either by a sworn affidavit or service or by a copy of the original offer to purchase signed by the Tenant as acknowledgement of receipt. If the Tenant or Tenants do not deliver an offer to purchase to the Owner within thirty days, the Tenant or Tenants shall be deemed not to have exercised the right of first refusal and the Owner may accept the original offer to purchase. If for any reason the Tenant or Tenants do not exercise the right of first refusal and the Owner do not complete the offer to purchase which had been received, the right of first refusal of the Tenant or Tenants shall continue in effect. f) It is hereby agreed that the Tenant shall lose his or her rights under this Agreement if: the Tenant vacates the Existing Unit with or without due notice to the Owner; the Tenant sublets the Existing Unit; or the Owner obtains a writ of possession to the Existing Unit, all rights of appeal in respect thereof have expired and the Owner files a copy thereof with the Policy, Research and Housing Division. g) The Owners agree to engage the services of a consultant with qualifications acceptable to the City's Chief Building Official, to conduct a building audit to establish the physical condition of the structure, prior to draft approval of any plan of condominium on the lands, and to file the results of the building audit with the City of Kitchener Planning and Development Department. The Owner shall correct, to the satisfaction of the Chief Building Official, any health and safety deficiencies uncovered by the audit which relate to the Building Code or the City's Property Standard By-law and, upon correction, the City's Chief Building Official will notify the Owner in writing that the deficiencies have been corrected to his satisfaction. h) Prior to the sale of any of the Existing Units, the Owner shall notify potential purchasers that the results of the building audit are available for their consideration. i) If a term of this Agreement is inconsistent with the rights conferred upon the Owners or a Tenant under the Rental Housing Protection Act, the Residential Rent Regulation Act or the Landlord and Tenant Act, R.S.O. 1990. c. L.7, as amended, the provisions of the aforesaid statues are deemed to apply. It is the opinion of this Committee that the approval of this application is proper planning for the City. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) COUNCIL MINUTES FEBRUARY 20, 1995 - 79- CITY OF KITCHENER COUNCIL MINUTES FEBRUARY 20, 1995 - 79- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That Council approve Rental Housing Protection Act application DE/94/001 (Zettel Manufacturing Ltd.) for the demolition of the apartment building located at 59 Bedford Road subject to the Owner complying with section 105 of the Landlord and Tenant Act, R.S.O. 1990. c. L.7, as amended. The issuance of the 120 Day Notice of Termination of the Tenancy Agreement shall not be sooner than the date of Council's approval of the Owner's application under the Rental Housing Protection Act. It is the opinion of this Committee that the approval of this application is proper planning for the City. That Demolition Control Application DC 94/06/RM (Zettel Manufacturing Ltd.) requesting approval for the demolition of a nine unit apartment building located at 59 Bedford Road legally described as Lot 214 to Lot 216, R.P. 262 be approved. It is the opinion of this Committee that the approval of this application is proper planning for the City. 6. That the request of Kim Mercer for temporary occupancy for a personal service (hair salon) as a home business at 174 Cedar Crest Street be approved subject to the following conditions: "That enforcement of the City's Zoning By-law be waived with respect to a personal service use (hair salon) operated as a home business at 174 Cedar Crest Street and temporary occupancy be approved subject to final approval of Minor Variance Application A-7/95 and the home business vacating the location in the event By-law 94-183 permitting personal services as home businesses is not approved by the Ontario Municipal Board as it affects this property. Further, that in the event of failure to vacate, the City's Municipal Enforcement Officer be directed to commence notice of action to remove the illegal use and that any work done to the premises is at the sole risk and responsibility of the owner in the event losses are incurred as a result of the final disposition of By-law 94-183." 1) That Council adopt the modifications to the City of Kitchener Municipal Plan recommended in the two Regional reports D17-30/94017 dated December 23, 1994 and D17-30/9417 dated January 20, 1995 with the following changes to the former. i) Page 5, item #1. Change "excluding" in the first sentence of the recommended modifications to "including". ii) Item #90, vi) b), page 36, replace with: "b) the new eastern road from New Dundee to Strasburg Road is a proposed Major Collector (dashed light blue). iii) Remove item #90, vi) h), page 37. 2) That Kitchener Council request the Regional Municipality of Waterloo to modify the City of Kitchener Municipal Plan to reflect the thirteen modifications outlined in Planning and COUNCIL MINUTES FEBRUARY 20, 1995 - 80 - CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 7. (Cont'd) Development Staff Report PD 95/3 under section 4. B - Kitchener's Request for Modifications. 3) That Kitchener Council instruct staff to make editorial changes to the Municipal Plan as appropriate. That with respect to Site Plan Application # SP 94/68/K/LM (former Waikiki Restaurant - 4355 King Street East) situate at Highway #8 (King Street East) and Pioneer Tower Road, the Ministry of Transportation of Ontario be requested to consider a Highway #8 right-in, right-out access/egress in order to alleviate the impact of the large volumes of traffic that would otherwise be required to access this development by means of a residential street (Pioneer Tower Road). COMMUNITY SERVICES COMMITTEE - 1. That no action be taken on the request of the Lioness Club of Kitchener for in-kind facility rental grant in the amount of $400.00 to assist with their cost of renting the City Hall Rotunda for a fashion show. That the Division Manager of Cemetery and Golf Course Operations be directed to finalize the details, of an agreement with the Chairman of the Cemetery Board of Saint Peters Lutheran Church wherein the "Church" will have up to 2000 burial spaces set aside for their use; and further That the Division Manager of Cemetery and Golf Course Operations be directed to present the proposed agreement to the Community Services Committee for approval at his earliest opportunity. That the revisions proposed to the City of Kitchener Mausoleum By-law No. 87-245 and the proposed By-law governing the operation of the Garden of Hope Mausoleum, as presented to the Community Services Committee on February 13, 1995, be approved; and further That the Division Manager of Cemetery and Golf Course Operations be authorized to forward copies of these By-laws to the Registrar of Cemeteries Regulations Branch. 4. That the 1995 Membership Fees for the Rockway Lawnbowling Club, as presented to the Community Services Committee on February 13, 1995, be approved. That we support the application by the Parks & Recreation Department to Jobs Ontario - Community Action grant program for provincial funding to assist in the cost of the "Feasability Study for the Expansion of Forest Heights Pool"; and further That the City's share of the cost of the study, being $15,000.00 be allocated within the City's capital budget for 1994 - 1995. That we waive the Council Policy regarding the selection of professional services and consultants, in this instance, and retain the services of Paragon Engineering Limited of Kitchener to perform engineering design and analysis services for the Blockline Sportsfield on an upset fee basis to a maximum of $20,000.00. COMMUNITY SERVICES COMMITTEE - 7. That Staff negotiate with the "Curling Hall of Fame and Museum of Canada Inc." committee, a sub- FEBRUARY 20, 1995 COUNCIL MINUTES - $1- CITY OF KITCHENER COUNCIL MINUTES FEBRUARY 20, 1995 - 81- CITY OF KITCHENER 10. 11. 12. 13. REPORTS ADOPTED BY COUNCIL committee of the Canadian Curling Association, on the use of the Registry Building, 122 Frederick Street, as the site for the "Canadian Curling Hall of Fame"; with the square footage to be utilized by them being determined during these negotiations; and further That, subject to negotiations and satisfying the space needs of the Canadian Curling Association as the lead tenant, staff look at accomodating the needs of Swim Ontario for an Ontario Aquatic Hall of Fame. (As Amended) That the Kitchener Farmers' Market Business Plan Mission, Goals and Strategies as presented to the vendors on January 10, 1995 and the Community Services Committee on February 13, 1995, be adopted; and further That a Wednesday market be operated in July and August only if supported by a minimum of 70% of the vendors in the cooler and produce categories. That following the conclusion of the 1994/95 Kitchener Ranger schedule, current Subscribers in sections 12 & 13, Rows A-D, be relocated based on seniority to allow the completion of the installation of new seats; and further That those displaced be put on a waiting list and given first right of refusal as these seats become available in the future. That we approve a travel grant for the Kitchener-Waterloo Track & Field Club, in the amount of $100.00, to assist with the travel expenses of one of the athletes, to attend the Canadian Indoor Championships to be held in Saskatoon, Saskatchewan, from February 17-19, 1995. That we confirm the City's commitment to award a cash grant of $10,000.00, in 1997, to the Canadian Hockey Association to assist with the 1997 World Womens Hockey Association Championships, to be held at the Kitchener Memorial Auditorium Complex. That we approve a travel grant for the K-W Novice Precision Skating Team, in the amount of $1,000.00, to assist with the travel expenses of 15 team members attending the Canadian National Precision Championships in Verdun, Quebec, from March 30 - April 3, 1995. That we approve a 1995 operating grant for the Betty Thompson Youth Centre (K-W And Area Big Sisters) in the amount of $4,000.00; and further That the City Administration include a $3,000.00 operating grant in the City's 1996 budget and a $2,000.00 operating grant in the City's 1997 budget, for this project. LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE - That, subject to obtaining written permission from the property owner, the Local Architectural Conservation Advisory Committee be permitted to apply to the Architectural Conservancy of Ontario to perform an architectural assessment of the property municipally known as 410 King Street West (Kaufman Footwear Limited) at their nominal fee of $200.00 plus expenses. That, pursuant to Section 43 of the Ontario Heritaqe Act, R.S.O. 1990, we have no objection to the demolition of the property municipally known as 1252 Doon Village Road (City of Kitchener), a property located in the Upper Doon Heritage Conservation District. FINANCE AND ADMINISTRATION COMMITTEE - COUNCIL MINUTES FEBRUARY 20, 1995 - 82- CITY OF KITCHENER COUNCIL MINUTES FEBRUARY 20, 1995 - 82- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That in response to requests for subsidized parking from the Waterloo Regional Arts Council, Gallery 2000 and the K-W Multicultural Centre Inc., staff investigate the possibility of exchanging services these organizations do or could provide (and which would be of tangible benefit to the City) for a grant which could be used towards their parking fee. (As Amended) PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That the Mayor and Clerk be authorized to execute an agreement with the Teleride-Sage Corporation in the amount of $82,819.00 plus 7% G.S.T., to upgrade and convert the Telerider and Televiewer Information Systems to a pc platform. That a Monitoring Committee consisting of the three residents on the Graber Place Odour Study Steering Committee, the Ward Council member, a representative of Safety-Kleen and the Director of Operations for the City of Kitchener be responsible for monitoring and investigating any future odour complaints, and based on a majority vote, provide 36 hours' notice to Safety-Kleen to discontinue pumping until the problem is resolved and that staff ensure through the Regional Graber Place Odour Study Committee that monitoring devices are put in place at the Forwell, Lackner Woods and Idlewood Pumping Stations and on Graber Place itself in order to take readings prior to and after Safety-Kleen's return to the municipal sewage system. COUNCIL MINUTES FEBRUARY 20, 1995 - 83 - 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. Licences It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Kitchener-Waterloo & Area Big Sisters to conduct a Monte Carlo event at the Kitchener Memorial Auditorium, 400 East Avenue, Kitchener on May 12-14, 1995 inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Canadian Mental Health Association (Waterloo Regional Branch), to conduct a Monte Carlo event at the Edelweiss Tavern, Kitchener on March 23 - March 25, 1995, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the K- W Working Centre for the Unemployed, to conduct a Monte Carlo event at the Italian Cortina Club, 22 Kevco Place, Kitchener on March 28 - March 30, 1995, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Lion Rampant Accordion Band Inc., to conduct a Monte Carlo event at the Army, Navy and Air Force Veterans Club, 2-408 Gage Avenue, Kitchener on April 10-April 12, 1995 inclusive; providing that all proceeds from this event are used for the non-adult members of the band." 2. Requests for Subsidy It was resolved: "That the Mayor and Clerk be authorized to execute Request No. 1, with the Ministry of Transportation under the Public Transportation and Highway Improvement Act for conventional transit in 1995 in the amount $12,259,525 (Capital) and $3,049,279 (Operating)." - and - "That the Mayor and Clerk be authorized to execute Request No. 1, with the Ministry of Transportation under the Public Transportation and Highway Improvement Act for specialized transit in 1995 in the amount of $51,625 (Capital) and $701,546 (Operating)." COUNCIL MINUTES FEBRUARY 20, 1995 - 84 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D Exemption Request - Chapter 408 of the Municipal Code (Pi,qeons) - BRIDGEPORT NORTH WARD It was resolved: "That in accordance with the City's Animal Regulation Bylaw, known as Chapter 408 of the City of Kitchener Municipal Code, Council approve William Shannon's request for an exemption under Section 408.2.6 and hereby grants him permission to keep pigeons for sporting purposes at his property known as 458 Leander Place in Kitchener, subject to the required screening of the pigeon coops being installed no later than June 1, 1995."