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HomeMy WebLinkAboutCouncil Minutes - 1995-03-06COUNCIL\1995-03-06 MARCH 6, 1995 COUNCIL MINUTES CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by the John Darling Public School "Joseph" Choir. Councillor G. Lorentz thanked the students and parents for attending. On motion by Councillor T. Galloway, the minutes of the regular meeting held February 20, 1995 and the special meeting held February 27, 1995, as mailed to the Mayor and Councillors, were accepted. Prior to Council adopting the minutes, Councillor K. Redman disclosed a conflict of interest and abstained from voting and discussion with regard to the minutes of the February 27, 1995 in-camera meeting as her father's estate is involved with one of the parties of the litigation. Mayor R. Christy presented Ms. Valerie Gibaut, Director of Economic Development, with Awards of Excellence from the Economic Developers Council of Ontario for achieving first place in both the Business Directories and General Purpose Brochure categories. It was also noted that the brochure award was achieved as a member municipality of Canada's Technology Triangle. Mayor Christy extended congratulations on behalf of Council and Ms. Gibaut acknowledged the contribution of staff; particularly, Mr. George Borovilos and Ms. Robin Schumacher. Ms. Tammy Botter appeared concerning clause 2 of the Planning and Economic Development Committee report relative to Subdivision Application 30T-91005 (Sandra Spring Park Ltd.) and in her capacity as the Chair of the Stanley Park Community Development and Planning Sub-Committee. Ms. Botter referred to a letter previously circulated to Council and asked that further consideration be given to retaining the pond on the Subdivision lands as a public resource. She noted that privatizing this feature could create a problem among community residents and also referred to an environmental impact study which indicated that the whole area should be preserved as environmentally sensitive due to the presence of certain plant and wildlife. Ms. Botter also voiced concerns regarding groundwater and wetland preservation. She asked that the Subdivision not be given draft approval at this time pending further testing to determine whether selected areas fall within the legislative definition of wetland. It was noted that based on the proposed construction schedule a delay of three to four months to allow for testing would not be inappropriate. Mr. Glen Scheels, Cumming Cockburn Limited, addressed Council on behalf of the property owner advising that he is in support of the recommendation in clause 2 of the Planning and Economic Development Committee report. He noted that the Subdivision Plan meets the intent of the Grand River North Community Plan and that the pond in question has not been open to the public since 1976. He acknowledged the comments made by Ms. Botter concerning soil conditions in the area of Schiketanz Court and noted that a great deal of detailed design is yet to be undertaken and the area in question will be more closely examined. Further City approvals will also be required in this regard later in the process. On this basis, he suggested that appropriate safeguards are already in place and referred to the addition of clause 81 which requires soils and engineering reports for this area to be completed to the satisfaction of the Chief Building Official prior to plan registration. Councillor T. Galloway expressed concern over the private amenity pond, noting that it is not part of a creek system and asked whether it must be retained. Mr. G. Scheels replied that his client is proposing to reshape the pond to capture groundwater. Councillor Galloway asked whether the pond could be filled in and developed in a manner similar to the rest of the site and Mr. Scheels replied that it could, provided proper groundwater interceptors are installed. In response to a further comment from Councillor Jake Smola, Mr. Scheels indicated that in the Spring, members of the community could point out any areas of concern with respect to groundwater. He added that the development proposed is contingent upon market conditions as well as development of an adjacent site, and would not begin until 1996 at the earliest. In response to a question from Councillor Jake Smola concerning groundwater recharge, Mr. Scheels replied that based on a previous study, the area has been identified as a direct recharge to the Regional aquifer. Councillor C. Weylie asked that prior to consideration by Council, clause 81 as outlined in a letter from Ms. D. Gilchrist be added to clause 2 of the Planning and Economic Development Committee report. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi That Clause #2 of the Planning and Economic Development Committee report be adopted as MARCH 6, 1995 COUNCIL MINUTES - $9- CITY OF KITCI:IENER amended this date through the addition of clause #81. Councillor Jake Smola indicated that he would not vote in favour of approving the draft Plan of Subdivision until further soil testing is done. Mr. T. McCabe explained that under the draft plan approximately 80 conditions require fulfilment before final approval. He added that the City must ensure that lots are developable and in this regard a developer normally undertakes detailed design after Draft Plan and Zoning approvals. Councillor T. Galloway asked whether the lands referred to in the vicinity of Schiketanz Court are class wetlands and Mr. McCabe replied in the negative. Councillor Galloway asked Mr. Shivas whether he is satisfied with the current situation as it relates to pond indemnity, and Mr. Shivas replied that he is happy with the recommendation put forward by the Planning and Economic Development Committee and will have further discussions with the developer in this regard. Councillor T. Galloway indicated that he would vote against Draft Plan approval on the basis of the private amenity pond which he suggested would have a devisive influence. He also cautioned that in future the owners may wish the City to take over or re-acquire the pond. Councillor Jake Smola put forward a motion to defer clause 2 of the Planning and Economic Development Committee report of this date for a further three to four months pending further soil tests relative to alleged wetland areas. Since there was no seconder for the motion, it was not voted on. The previous motion by Councillor C. Weylie to adopt clause 2 of the Planning and Economic Development Committee report as amended this date, was voted on and Carried. Mr. Brent Clarkson, MacNaughton Hermsen Britton Clarkson Planning Limited, appeared on behalf of three clients and in support of clause 3 of the Planning and Economic Development Committee report of this date as regards approval of those portions of By-law 94-184 (Gateway Business Park) which are not the subject of Ontario Municipal Board appeals. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi That clause #3 of the Planning and Economic Development Committee report of this date be adopted. Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway That the report of the Community Services Committee of this date be adopted. Councillor Jake Smola asked that clauses 1 & 2 be dealt with separately. In regard to clause 1 relating to the tender for connection of fire alarms, Councillor Jake Smola asked that staff review the issue of false alarms, give consideration to a false alarm fee and a proposed fee structure and report back to the Community Services Committee on March 20, 1995. Fire Chief Hancock indicated that he would attempt to gather the information by the date requested. Councillor M. Wagner referred to clause 2 involving the implementation of Firefighter defibrillation and indicated though a laudable effort, it raises concerns over Firefighters undertaking fund-raising to purchase the necessary equipment. He suggested that if such equipment is required, the City should pay to purchase it. Councillor M. Yantzi suggested that the motion is an appropriate compromise given the fact that this area is considered a Provincial responsibility. Councillor Jake Smola congratulated the Fire Chief on this initiative, but suggested it is Council's responsibility to provide the necessary equipment. He also noted that the amount of contributions available to non-profit organizations is limited and that by engaging in fund-raising Firefighters may be depriving these organizations of funds. The report of the Community Services Committee of this date was then put to a vote. Voted on Clause by Clause. Clauses #1 & 2 - Carried. Balance of Report - Carried. MARCH 6, 1995 COUNCIL MINUTES - 90- CITY OF KITCI:IENER Councillor Jake Smola asked to be recorded as opposed to clause 2. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi That the report of the Planning and Economic Development Committee of this date be adopted. Voted on Clause by Clause. Clause 1 - Carried (As Amended). Clause 2 - Dealt with under Delegations and Carried (As Amended). Clause 3 - Dealt with under Delegations and Carried. Balance of Report - Carried. Recorded Conflicts and Abstentions: Councillor J. Ziegler regarding clause 1 as he may own property within the circulation area. Moved by Councillor J. Ziegler Seconded by Councillor T. Galloway That the report of the Finance and Administration Committee of this date be adopted. Councillor T. Galloway asked that clause 4 be dealt with separately and Councillor Jake Smola made a similar request with respect to clause 7. In response to a question from Councillor Jake Smola, Mr. J. Gazzola advised that the rate of interest is being changed and the forgivable portion increased with respect to the City's Downtown Facade/Interior Loan Program. Mr. T. McCabe added that there is also an increase in the exterior work provision whereby interior and exterior portions can be combined for a one-time exterior loan. He also advised that with regard to facade improvements alone, 30% of the loan would now be forgivable while the percentage on interior work would remain the same. Councillor M. Yantzi referred to the concerns he raised previously at the Finance and Administration Committee concerning the Chief Building Official's role in negotiating building improvements and requirements as they relate the fire and safety. He suggested that at present these are ill-defined and appear to be at the whim of the Building Official. Mr. T. McCabe referred to past circumstances where an owner wished to pursue interior work alone and in this regard noted that the provision referred to by Councillor Yantzi involves withholding the loan as a negotiating tool. He also suggested that the intention is to re-enforce the importance of property standards and safety issues, and to ensure that the original purpose of the Facade Program in improving the appearance of the Downtown is upheld. Mr. McCabe advised that if there are any loan refusals, they will be brought before the Planning and Economic Development Committee. The report of the Finance and Administration Committee was then put to a vote. Voted on clause by clause. Clause 4 - Carried. Balance of report - Carried. Recorded Conflicts and Abstentions: MARCH 6, 1995 COUNCIL MINUTES - CITY OF KITCI:IENER Councillor T. Galloway regarding clause 4 as he is employed by the University of Waterloo. Moved by Councillor John Smola Seconded by Councillor M. Wagner That the report of the Public Works and Transportation Committee of this date be adopted. Carried. Councillor Jake Smola referred to his request during the budget process for additional information concerning increases in staff complement and asked for an update on the status of the report. Mr. R. Freeborn replied that it is nearing completion and should be available within two weeks. Councillor M. Wagner referred to the Regional Smoking By-law Review and questioned whether Members of Council wish to submit their thoughts individually on the three issues raised earlier or put these forward as the position of Council. He pointed out that a by-law will come back to Council in any case. Councillor G. Lorentz raised concerns that the renters of publicly-owned facilities may be required to keep these smoke-free as opposed to exercising their discretion in the provision of smoking and non- smoking areas as is presently the case; and suggested that the present arrangement be maintained. Councillor Lorentz also referred to the interpretation of the term "bar" and referred to his concerns involving second-hand smoke and all age dances. Councillor John Smola indicated his support for a Regional Smoking By-law, noting that Kitchener could then choose to exceed the minimum requirements if it so wished. Councillor K. Redman suggested that if Councillors M. Wagner and J. Ziegler are representing Council in this regard, a formal vote should be taken; however, if they are working informally as part of a sub-committee, this should not be required. Councillor Wagner clarified that he and Councillor Ziegler are working as part of an Ad Hoc Advisory Committee. Councillor J. Ziegler agreed with the concerns expressed by Councillor G. Lorentz concerning second- hand smoke and minors. He also suggested that it would be inconsistent for a City Smoking By-law to be applicable where private businesses are renting to the public, but not applicable to publicly licensed facilities. He offered the opinion that 50% of the space should be dedicated as non-smoking Councillor Wagner commented that smoking is a proven health hazard and a person renting a facility should not have the right to impose a smoking environment on everyone attending a function. He further stated that in his opinion, all City facilities should be a minimum of 50% smoke-free. Councillor Lorentz argued that this is a major issue and Council should have a full and open discussion of the matter. He again voiced his personal concern over requiring that the renter of a City facility ensure a portion of the building is smoke-free. Councillor M. Wagner put forward a motion, seconded by Councillor J. Ziegler that all privately and publicly owned facilities in the City of Kitchener should be a minimum of 50% smoke-free. Councillor T. Galloway rose on a point of order and stated that the issue at hand is a serious one, and that if this is not the proper forum for debate. He suggested that the issue be referred to a Standing Committee and then to Council. He also indicated his objection to any motion which binds Council at this time and suggested that the motion presently on the floor is out of order. Councillor M. Wagner withdrew his previous motion to require private and public facilities to be 50% smoke-free. Mayor R. Christy advised Council that the United Nations has declared March 21 as the International Day for the Elimination of Racial Discrimination. He read a proclamation declaring March 19-25 as Racial Harmony Week and noted that the Lieutenant Governor will attend closing ceremonies in this regard. Mayor R. Christy referred to a Municipal Alert Bulletin previously circulated by the City Clerk with regard to the Local Government Disclosure of Interest Act. Councillor T. Galloway commented that he had been advised that some of the wording in the proposed legislation is unfavourable to Municipal Officials; whereas, Provincial legislation is more favourable to Members of Parliament. Mr. R.W. Pritchard pointed out that at present the City is not officially on record as being opposed to the Local Government Disclosure portion of Bill 163. Moved by Councillor T. Galloway MARCH 6, 1995 COUNCIL MINUTES - 9~- CITY OF KITCI:IENER Seconded by Councillor V. Vrbanovic "WHEREAS the government of the Province of Ontario is presently considering the proclamation of the Local Government Disclosure of Interest Act; AND WHEREAS, many municipalities have expressed concern that the proposed legislation is more favourable to Members of Provincial Parliament (M. P. P.'s) than to Municipal Councillors; BE IT RESOLVED, that the Council of the City of Kitchener endorses the efforts of the Association of Municipalities of Ontario in requesting further modifications and consultation in respect to the legislation; specifically, ensuring that the regulations for both Municipal Councillors and M.P.P.'s are consistent and equally stringent; AND FURTHER, that this resolution be communicated to the Honourable Ed Philips, Minister of Municipal Affairs, and all local M.P.P.'s." Councillor M. Yantzi rose on a point of order and suggested that before dealing with the motion, Council should waive Notice of Motion pursuant to Section 25.7.14 of Chapter 25 of the Municipal Code. Moved by Councillor T. Galloway Seconded by Councillor K. Redman That Council dispense with Notice of Motion relative to a motion of Council this date concerning the Local Government Disclosure of Interest Act. Carried with the required two-thirds majority. The previous motion by Councillor T. Galloway, seconded by Councillor V. Vrbanovic, was then voted on and Carried. Councillor C. Weylie informed Council of a recent meeting of the Federation of Canadian Municipalities and indicated her willingness to review any material in this regard. She referred to several issues including the Value Added Tax and the payment of property taxes by the Federal Government. Councillor Weylie also asked Mr. T. McKay to forward information concerning the upcoming 50th Anniversary of the United Nations to the appropriate Committee. Councillor T. Galloway referred to several upcoming visioning exercises involving the Outdoor Education Centre and the Environmental Committee and invited Members of Council to attend. Councillor Jake Smola also thanked Mayor R. Christy for his efforts with regard to installation of the Mayor Dominic V.P. Cardillo plaque in City Hall. Council agreed to the request of Mr. R.W. Pritchard to add one by-law for three readings this date relative to the conveyance of parts of a closed public highway (Biehn Drive). Moved by Councillor G. Lorentz Seconded by Councillor M. Yantzi That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (b) To further amend By-law No. 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) Being a by-law to provide for the widening of part of Riverbend Drive as a public highway in the City of Kitchener COUNCIL MINUTES MARCH 6, 1995 - 93- CITY OF KITCI:IENER (e) Being a by-law to exempt a certain lot from Part Lot Control - Lot 103, Registered Plan 578 - Old Mill Road and Pinnacle Drive (f) To confirm all actions and proceedings of the Council (g) Being a by-law to amend By-law 85-1 - Grand River Railway - Fairway Road - No. 93/24/F/JG (h) Being a by-law to amend By-law 94-108 to extend the time for conveyance of parts of a closed public highway being part of Biehn 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 Mayor Richard D. Christy appointed Councillor T. Galloway as Chairman. On motion, the Council rose from the Committee of the Whole and Mayor Richard D. Christy occupied the Chair. Moved by Councillor T. Galloway Seconded by Councillor B. Vrbanovic 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 M. Yantzi That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to change the name of certain streets in the City of Kitchener (By-law No. 95-30) (b) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (By-law No. 95-31) (c) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (By-law No. 95-32) (d) Being a by-law to amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof (By-law No. 95-33) (e) Being a by-law to provide for the widening of part of Riverbend Drive as a public highway in the City of Kitchener (By-law No. 95-34) MARCH 6, 1995 COUNCIL MINUTES - 94 - CITY OF KITCI:IENER (f) (g) (h) (i) Being a by-law to exempt a certain lot from Part Lot Control - Lot 103, Registered Plan 578 - Old Mill Road and Pinnacle Drive To confirm all actions and proceedings of the Council Being a by-law to amend By-law 85-1 93/24/F/JG (By-law No. 95-35) (By-law No. 95-36) Grand River Railway - Fairway Road - No. (By-law No. 95-37) Being a by-law to amend By-law 94-108 to extend the time for conveyance of parts of a closed public highway being part of Biehn Drive (By-law No. 95-38) 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 - That Zone Change Application 93/24/F/JG, (King Street East and Fairway Road - abandoned railway property), requesting a change in zoning on lands legally described as Part of Lots 9, 12, 14 and 15, Registered Plan 959, more particularly described as Parts 1 to 4 inclusive on Plan 58R-9429, from Restricted Residential (R2A) and Light Industrial (LI) according to By-law 4830 to Service Commercial (C-6) with special use provision 209 according to By-law 85-1, be approved in the form shown on the attached "Proposed By-law", dated January 3, 1995 subject to the following conditions: 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. 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 93/24/F/JG by resolution. In the event this requirement is not fulfilled within the seven month period, Council shall consider rescinding its zone change approval. (As Amended) That the "Grand River North Community Plan" be revised by deleting from Policy 3.5.4 the phrase "neighbourhood park of approximately 2 hectares (5 acres) in size" and substituting the phrase "neighbourhood park of approximately 1.4 hectares (3.5 acres) in size". That Zone Change Application 91/32/F/CL requesting a change in zoning from Township Agriculture (Twp. A) and Gravel Pit (Twp. GP) according to By-law 878A and General Industrial (M-2) with special regulation provisions according to By-law 85-1 to Residential Three (R-3), Residential Three (R-3) with a special regulation provision, Residential Four (R-4), Public Park (P- 1), Open Space (P-2) and Hazard Land (P-3) according to By-law 85-1, on Part of Lots 121 and 123, German Tract Company, be approved in the form shown in the attached Proposed By-law dated February 2, 1995, subject to the Subdivision Conditions contained in C below. C. That Subdivision Application 30T-91005 (Sandra Spring Park Limited) be recommended to the Regional Municipality of Waterloo for draft approval, subject to the following conditions: That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined on the attached Plan of Subdivision and that the following special conditions be written therein: The Subdivider covenants and agrees: 51. That the final plans for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated February 2, 1995 providing that minor amendments to said plans, acceptable to the General Manager of Planning and Development and not affecting the numbering of lots or blocks may be permitted without an amendment to this agreement. 52. That the Subdivision may be registered in four stages, with Stage 1 consisting of Lots 1 -123 inclusive and Blocks 124 - 140 inclusive; Stage 2 shall consist of Lots 1 - 42 inclusive and Blocks 43 - 47 inclusive, Stage 3 shall consist of Lots 1 - 14 inclusive and Block 15; and Stage 4 shall consist of Block 1 all as shown on the Plan of Subdivision attached hereto. 53. To submit a Lot Grading and Drainage Control Plan for the approval of the Commissioner of Public Works, in consultation with the City's Department of Parks and Recreation, the Regional Municipality of Waterloo, the Grand River Conservation Authority, and the Ministry of Natural Resources, with the same plan to be approved by those affected agencies prior to registration of each stage of the Subdivision Plan. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 2. (Cont'd) 54. That prior to any grading or construction on the site to submit for the approval of the Commissioner of Public Works, in consultation with the City's Department of Parks and Recreation, the Regional Municipality of Waterloo, the Grand River Conservation Authority, and the Ministry of Natural Resources, a detailed engineering design for storm water management in accordance with the approved concept plan. Said engineering design shall include an erosion and siltation control plan indicating the means whereby erosion will be minimized MARCH 6, 1995 COUNCIL MINUTES - 96- CITY OF KITCI:IENER COUNCIL MINUTES MARCH 6, 1995 - 96- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL and silt maintained on-site throughout all phases of grading and construction. The Subdivider further agrees to implement all required measures as outlined in the approved final design. 55. That the names of the streets within the entire Plan of Subdivision shall be as shown on the attached Plan of Subdivision. 56. To convey to the City of Kitchener the following lands for the purposes stated therein, at no cost and free of encumbrance, concurrently with the registration of each stage of the subdivision plan: a) Stage 1: i) Block 132 for open space/trail link purposes; Block 134 for storm water management purposes; Block 135 for hazard lands; Block 136 for open space and storm water management purposes; Blocks 138, 139 and 140 for 0.3 metre reserves; b) Stage 2: i) Block 47 for a 0.3 metre reserve; c) Stage 3: i) Block 15 for open space/trail link purposes. 57. That the 5% parkland dedication required for the entire plan of subdivision, shall be satisfied by the conveyance of Block 132 (Stage 1) and Block 43 (Stage 2) to the City, at no cost and free of encumbrance, concurrently with the appropriate stage of plan registration. 58. To dedicate, by plan registration, to the City of Kitchener the following lands for the purposes stated therein: a) Blocks 45 and 46 (Stage 2) for public walkway purposes; b) Block 137 (Stage 1 ) and Block 44 (Stage 2) for public walkway/storm drainage purposes; 59. To construct at its cost and to the satisfaction of the Commissioner of Public Works, a dual purpose walkway/emergency vehicular access within Block 45 (Stage 2) as part of the development of Stage 2 of this Plan. This design shall include a knockdown barrier to prevent through traffic between Dunnigan Drive and the extension of Tuxedo Court. It is the City's intention to recommend as a condition of Subdivision approval of the adjacent lands, to require the extension of the public walkway/emergency access to the extension of Tuxedo Court. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 2. (Cont'd) 60. To construct at its cost and to the satisfaction of the Commissioner of Public Works, a public walkway also designed to accommodate major overland storm flows, on Block 137 (Stage 1) as part of the servicing of Stage 1 of this Plan. 61. To construct at its cost and to the satisfaction of the Commissioner of Public Works, a public walkway also designed to accommodate major overland storm flows, on Block 44 (Stage 2) MARCH 6, 1995 COUNCIL MINUTES - 97- CITY OF KITCI:IENER COUNCIL MINUTES MARCH 6, 1995 - 97- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL as part of the servicing of Stage 2 of this Plan. 62. To fill, compact and grade in both a preliminary and finished form, topsoil and seed/sod Block 43 (Stage 2) and Block 132 (Stage 1), where required by and to the satisfaction of the Department of Parks and Recreation, but not where treed or natural areas are to be maintained. Grading plans and implementation within Block 43 (Stage 2) and Blocks 132, 134 and 135 (Stage 1) shall include making grading allowance for 3.0 metre wide flat areas for future trail link purposes. All works required of the Subdivider by this Section shall be completed to the satisfaction of the General Manager of Parks and Recreation in conjunction with the timing of grading of surrounding residential development not to exceed two years from the registration of the subdivision plan or at any alternate time approved in writing by the General Manager of Parks and Recreation. 63. The Subdivider agrees to install a minimum 1.2 metre high paige wire fence or alternate marking system along the residential lot lines which abut Block 43 (Stage 2) and Blocks 132, 134 and 135 (Stage 1) or the Kolb Greenway at such time as required by and to the satisfaction of the General Manager of Parks and Recreation. Further, the Subdivider agrees to include a statement advising of the fencing and marking system requirement in all Offers to Purchase and Agreements of Purchase and Sale for the Blocks and Lots affected by this clause. 64. To construct 1.5 metre concrete sidewalks along both sides of Dunnigan Drive and Otterbein Road; the westerly side of Monteverde Place from Otterbein Road to Block 44 (Stage 2); the southerly side of Tuxedo Court from Dunnigan Drive to the limit of the plan, the northerly side of Quarry Park Place from Otterbein Road to Block 133 (Stage 1), and the southerly side of Knollwood Court from Dunnigan Drive to Block 15 (Stage 3). 65. That construction traffic to and from the proposed subdivision shall use the most direct route to and from a designated truck route. All construction traffic shall be prohibited from using internal residential streets in the existing community. The Subdivider agrees to advise all relevant contractors, builders and other persons of this requirement with the subdivider being responsible for any signage, where required, all to the satisfaction of the Director of Traffic and Parking Services. 66. That in consideration of the wooded character of the subdivision lands and the City's desire to minimize the impact of development on treed areas worth retaining, the Subdivider agrees to comply with the following process in the development of the subdivision in accordance with the City's approved Tree Management Policy: a) prior to the City releasing each stage of the subdivision plan for registration, the Subdivider shall submit the Detailed Vegetation Plan, for the approval of the Department of Planning and Development. b) that no area/rough grading shall occur on the lands until such time as all approved measures for protection of isolated trees, tree clusters and woodlands affected by such grading have been satisfactorily implemented, the City has inspected these measures and the Subdivider has received a written authorization from the City's Department of Public Works to proceed with said grading. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 2. (Cont'd) c) to implement and be responsible for providing all information contained in the approved Detailed Vegetation Plan, Tree Preservation/Enhancement Plan (if applicable), to all of its MARCH 6, 1995 COUNCIL MINUTES - 98- CITY OF KITCI:IENER COUNCIL MINUTES MARCH 6, 1995 - 98- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL heirs, executors, administrators, successors and assigns in order to ensure that the requirements outlined in said plan(s) are carried out as specified. d) a Tree Preservation/Enhancement Plan shall be required for those lots or blocks, prior to applying for or having issued any building permits, which are subject to site plan approval under Section 41 of The Planning Act, corner lots (where site service locations and building type have not been predetermined), interior lots greater than 13.7 m of street frontage, proposed building/structure that is located deeper on the lot than that approved on the Detailed Vegetation Plan and/or the revised grading which will have an adverse effect on tree saving shown on the Detailed Vegetation Plan. e) In the event of construction causing minor tree damage, remedial measures such as trimming, dressing, or bark doctoring shall be implemented at the Subdividers cost and as directed by the Consultant who prepared the approved plan. In cases where major irreparable tree damage is done, liability is questionable, or the tree is judged to be unsafe in the opinion of the Subdivider's Environmental Consultant and/or the City, each such tree shall be removed and replaced with at least one tree of equal value based on the tree value formula as set out in "Guide for Plant Appraisal" International Society of Arboriculture, Latest Edition. Tree replacements are to be located on the same lot or block as the tree requiring removal or to a location within the subdivision requiring enhancement. Furthermore, such remedial measures or tree replacements shall be approved by the Department of Planning and Development and shall be satisfactorily implemented prior to occupancy of the unit or due to weather conditions by the next planting season. 67. To obtain from the Grand River Conservation Authority a Fill, Construction and Alteration to Waterways Permit under Ontario Regulation 154/86, as required for storm sewer outfalls or other alterations within the floodplain of the Kolb Drain. Such permit shall be obtained prior to any on-site grading, the installation of services or prior to the City's release of each stage of the Subdivision Plan for registration purposes. 68. That Stages 2, 3 and 4 of this Plan may be registered concurrently with or subsequent to Stage 1 and that no stage of this Plan shall be released by the City for registration until Subdivision Plan 30T-89021 (Hallman-ldlewood Limited) and Stage 1 of Subdivision Plan 30T-89003 (Forwell Limited) have been registered and the following streets have been constructed and are open to public vehicular traffic: a) Otterbein Road in Plan 30T-89003 to the easterly limit of this plan; b) Keewatin Avenue in Plan 30T-89021 from Lackner Boulevard to Dunnigan Drive; c) Dunnigan Drive in Plan 30T-89021 from Keewatin Avenue to the southerly limit of this plan. In the event that Stage 2 is registered concurrently with Stage 1, Blocks 139 and 140 will not be required for 0.3 metre reserves. 69. As part of the servicing of Tuxedo Court, to construct a temporary turning circle to City Standards on Lots 39 and 40 (Stage 1) as shown on the attached subdivision plan, until such time as Tuxedo Court is extended through the adjacent lands to the west and open PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) (Cont'd) to vehicular traffic. Said turning circle shall be designed, constructed and ultimately removed to the satisfaction of the Department of Public Works. No building permits shall be issued for Lots 39 MARCH 6, 1995 COUNCIL MINUTES CITY OF KITCI:IENER COUNCIL MINUTES MARCH 6, 1995 - 99- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL or 40 until such time as the temporary turning circle has been removed or determined by the City's Department of Public Works not to be required. 70. As part of the servicing of Dunnigan Drive, to construct a temporary turning circle to City Standards on Lots 12 and 13 and Block 46 (Stage 2) as shown on the attached subdivision plan, until such time as Dunnigan Drive is extended through the adjacent lands to the northwest and open to vehicular traffic. Said turning circle shall be designed, constructed and ultimately removed to the satisfaction of the Department of Public Works. No building permits shall be issued for Lots 12 or 13 until such time as the temporary turning circle has been removed or determined by the City's Department of Public Works not to be required. 71.That Blocks 124, 125 and 126 (Stage 1) shall only be used as lot consolidations with adjoining lots/blocks in Draft Plan of Subdivision 30T-89003 (Forwell Limited). No building permits shall be issued for Blocks 124, 125 or 126 (Stage 1) until the title has been consolidated with the respective lots/blocks in such adjacent plan. 72. That Blocks 127 to 130 inclusive (Stage 1) shall only be used as lot consolidations with adjoining lots/blocks in Draft Plan of Subdivision 30T-89021 (Hallman-ldlewood Limited). No building permits shall be issued for Blocks 127 to 130 inclusive (Stage 1) until the title has been consolidated with the respective lots/blocks in such adjacent plan. 73. That Block 131 (Stage 1) shall only be used as a lot consolidation with the adjacent lot to be created within adjoining lands in Draft Plan of Subdivision 30%94026 (Y & Y Resources Ltd.). No building permits shall be issued for Block 131 (Stage 1) until title has been consolidated with respective adjacent lands. 74. That Block 1 (Stage 4) shall only be developed in conjunction with the development of adjacent lands in Draft Plan of Subdivision 30%94026 (Y & Y Resources Ltd.). 75. That, due to the lower elevation in the area, each dwelling unit will have to accept higher than normal water pressure. The Subdivider shall install water pressure reducing devices in each unit to the satisfaction of the City's Commissioner of Public Works. 76. That in addition to the standard servicing requirements and responsibilities outlined in this Agreement, the Subdivider agrees to pay to the City its fair share of the actual cost of the Ottawa Street Trunk Sanitary Sewer, as determined by and to the satisfaction of the City's Commissioner of Public Works, prior to the registration of Stage 1 of the Subdivision Plan. 77. To make arrangements for the provision of temporary easement in favour of Kitchener-Wilmot Hydro for a temporary pole line across the adjoining property from the northerly limit of Dunnigan Drive to Lackner Boulevard, until such time as Dunnigan Drive is extended to Lackner Boulevard. All costs incurred by the Commission through provision and eventual removal of the pole line will be borne by the Subdivider. 78. The City agrees that the City Solicitor shall arrange for the passing of a By-law opening the 0.3 metre reserve blocks at the westerly terminus of Otterbein Road in Subdivision Plan 30T- 89003 (Forwell Limited) and at the northwesterly terminus of Dunnigan Drive in Subdivision Plan 30T-89021 (Hallman-ldlewood Limited) as "Public Highway" at a timing approved by the Commissioner of Public Works. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 2. (Cont'd) 79. To make satisfactory financial arrangements with the Commissioner of Public Works, prior to the MARCH 6, 1995 COUNCIL MINUTES - 100- CITY OF KITCI:IENER COUNCIL MINUTES MARCH 6, 1995 - 100- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL registration of Stage 1 of the Subdivision Plan, for the installation of a concrete outlet pipe from Block 133 to the receiving stream. 80. That the City shall be in no way responsible for the maintenance of Block 133 or for the administration of its ownership by a corporation of adjacent property owners. 81. That the soils and engineering reports required by Clause 41 address any groundwater spring or wet area in the vicinity of Schiketanz Court, to the satisfaction of the Chief Building Official prior to plan registration. That the implementing Zoning By-law for Zone Change Application 91/32/F (Sandra Spring Park Limited) not be presented to City Council until Subdivision Application 30T-91005 has received Regional Draft Plan Approval whereupon the amending Zoning By-law shall be presented to Council for all three readings. Alternatively, three readings of the amending zoning by-law may be given if the City Clerk is presented with a letter from the Regional Municipality of Waterloo advising that the Region has no objections to the passing of the By-law. That an exemption to Council's Emergency Access Policy be granted in order to allow Knollwood Court to be constructed to a length of approximately 170 metres without an emergency access, instead of the maximum 150 metres set out in the policy. That an exemption to Council's Road Allowance Width and Sidewalk Location Policy be granted in order to allow a 16 metre road allowance and sidewalk on one side for Tuxedo Court, a single access street which may ultimately have more than 30 units, rather than an 18 metre width with sidewalks on both sides. That, as part of the finalization of the Subdivision Application 30T-91005, the City Solicitor be permitted to enhance Clause 80 of the Subdivision Agreement, if deemed necessary, to look after any potential liability to the City of Kitchener. (Dealt with under Delegation and Carried, as amended) That Council advise the Ontario Municipal Board of its support for the granting of early effect to By-law 94-184 as follows: "Whereas the Council of the City of Kitchener passed By-law 94-184 on October 11, 1994; And whereas it is the position of the City of Kitchener that the appeal received to By-law 94-184 is site specific in nature and applies specifically to 4406 King Street East, described as Part of Lot 8, Beasley's Broken Front Concession; And whereas Council believes it is important to expedite the approval of By-law 94-184 for the benefit of all the lands which are not subject to appeal; Now therefore the Council of the City of Kitchener requests that the Ontario Municipal Board approve the portions of By-law 94-184 not subject to appeals, under its authority granted by Section 34 (31) of the Planning Act as amended by Bill 40, the "Community Economics Development Act". (Dealt with under Delegations and Carried) 4. That we accept the Department of Planning and Development 1994 Annual Report. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) MARCH 6, 1995 COUNCIL MINUTES -101- CITY OF KITCI:IENER COUNCIL MINUTES MARCH 6, 1995 - 101- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL That Councillor M. Yantzi be appointed Chairman of the Kitchener Downtown Action Committee for a term to expire November 30, 1995. 6. That Councillor K. Redman be appointed Vice-Chairman of the Kitchener Downtown Action Committee for a term to expire November 30, 1995. 7. That Councillor M. Wagner be appointed Chairman of the Adaptive Re-Use of Industrial Buildings Sub-Committee for a term to expire November 30, 1995. 8. That Councillor K. Redman be appointed Vice-Chairman of the Adaptive Re-Use of Industrial Buildings Sub-Committee for a term to expire November 30, 1995. 9. That we receive the Department of Planning and Development Staff Report PD 95/15 - Status Report - Phase I - Comprehensive Urban Design Study for information. COMMUNITY SERVICES COMMITTEE - That the Kitchener Fire Department be permitted to tender for a company who can connect fire alarm customers to the Fire Department for the purposes of alarm monitoring; with the tender to be awarded by and any agreement to be approved by the Community Services Committee. 2. That Council endorse the implementation of fire fighter defibrillation as an adjunct to the Tiered Response service presently provided; and That, subject to the successful solicitation of donations, Council approve the purchase of defibrillators and the necessary training equipment, at an estimated cost of $83,000.00; and That Councillor G. Lorentz be appointed, along with the Fire Chief, as a Community fundraising team; and further That, subject to acquiring equipment and training, Council approve implementation to coincide with the Base Hospital's Regional implementation date of November 1, 1995. That the golf course fees previously approved by Council remain the same save and except for the "Couple Full" fee which is to be reduced to $1352.00 (plus OGA and CLGA fees) from the previously approved rate of $1430.00. 4. That we approve the request of the K-W Multicultural Centre for an in-kind facility rental grant in the amount of $400.00 to partially cover the cost of their use of the Market Hall on April 8, 1995. 5. That we support the bid to bring the 1997 World Horseshoe Pitching Championships to Kitchener; and further That a $10,000.00 cash grant be allocated to the host committee in 1997 to help off-set expenses should the National Horseshoe Pitching Association award the championship to the City of Kitchener and Horseshoe Ontario. That, subject to the additional awarding of the 1997/98 Canadian Senior Track and Field Championships or the 1998 Canadian Junior Track and Field Championships to the City of Kitchener, we support the bid to bring the 1996 Canadian Senior Track and Field Championships to Kitchener; and That a $3,000.00 grant be allocated to the host committee in 1996 to help off-set expenses, in the event the Championship is awarded to the City of Kitchener; and further That additional $3,000.00 annual grants be allocated for the additional Canadian Senior or Junior Championships, should they be awarded to the City of Kitchener in 1997 and/or 1998. COUNCIL MINUTES MARCH 6, 1995 CITY OF KITCI:IENER COUNCIL MINUTES MARCH 6, 1995 CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) That we approve the request of the Kitchener Waterloo Philharmonic Choir for a cash grant in the amount of $2,500.00 to assist with their travel costs to attend the "European Church Music" festival being held in Schwaebisch, Germany from August 7-22, 1995. That the 1995 grant applications as presented to the Community Services Committee on February 27, 1995 as amended, be approved in principle, with the applicants being given an opportunity to appeal the recommendation of the Community Services Committee at their meetings scheduled for March 20, 1995 and/or April 3, 1995. FINANCE AND ADMINISTRATION COMMITTEE - 1. That no action be taken on the request of Ms. Vanessa Maggiani for permission to locate a chip wagon at a parking meter on Water Street N. opposite the Inner City Night Club. That Council grant the request of Mr. Willard Sallans that he be allowed to pay the 1995 combined public hall and flea market license fees for the Wagon Wheel Flea Market (75 Ardelt Place) in instalments of no more than $400.00 per month beginning March 15, 1995, and further, That the above arrangement is on the understanding that it applies only to 1995 license fees. That provided an agreement can be obtained relative to participation by one other area municipality within a reasonable period of time, Council agree to participate in a shared World Wide Web Server to be purchased by the Canadian Institute of Technology for the Environment (CITE) and the Ontario Centre for Environmental Technology Advancement (OCETA) and used by area municipalities to promote their Homepage services, and, That the cost of such participation (excluding the graphic design of the Homepage) is to be $3,000.00 a year for a total of $6,000.00, and further, That a staff representative from Information Services be appointed to work on the committee responsible for monitoring, operations, CTT (Canada's Technology Triangle) - 2000 integration, new technologies and working with the CTT Economic Development Officers to promote the area through Homepage services. That Council approve the request of the Engineering Society of the University of Waterloo to take up a silver collection along the route of the 1995 Bus Push for the Kitchener-Waterloo Area Big Sisters' Association to be held on Saturday, March 18, 1995. That Council enact a 1995 Street Vendors By-law and allow the 1994 licensees first choice on the location they occupied in 1994 and put same on notice that alternate methods of allocating locations will be considered in 1996, and further, That the 1995 By-law include the cleaning recommendation from the Downtown Sidewalk Continuing Improvement Process Team outlined in the February 17, 1995 memo from Mr. Robert Meyer, Supervisor of Operations/Sanitation. 6. That no action be taken at this time on the request of the Ontario Head Injury Association for permission to sell media bingo cards in Kitchener. That subject to clarification and rewording of Section D (Eligibility) to reflect a clearer statement of intent, Council adopt the changes and new policies outlined in Planning and Development Report PD95/13 relative to the City's Downtown Facade/Interior Loan Program. COUNCIL MINUTES MARCH 6, 1995 - 103- CITY OF KITCI:IENER COUNCIL MINUTES MARCH 6, 1995 - 103- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That the City of Kitchener enter into an agreement with Kitchener Dairies Limited for the development and operation of a thirty-five (35) space metered parking lot with a two (2) hour duration at 201 King Street East for a five (5) year term, and further, That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor with Kitchener Dairies Limited with respect to the lease of this property. That the by-law for the existing two (2) hour parking limit between 8:00 a.m. and 6:00 p.m., Monday to Friday, on the north side of Moore Avenue be amended in the City of Kitchener Uniform Traffic By-law No.94-101 to reflect the existing posted parking regulations. 3. That the monthly parking fee in Lot No.18 - Joseph Street be decreased from $50.00 to $40.00 per month plus taxes, effective March 1, 1995, and further, That By-law No. 88-169 be amended accordingly. That the maximum time limit in Lot 2 (Goudies Lane to rear of 22 Frederick Street), Lot 4 (Library Lot), Lot 9 (Ontario Street/Hall's Lane) and Lot 10 (5 spaces - Goudies Lane/TD Bank Building), be increased from one (1) hour to two (2) hours, effective March 1, 1995, and further, That By-law No. 88-169 be amended accordingly. COUNCIL MINUTES MARCH 6, 1995 -104 - 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. Taq Day It was resolved: "That the City of Kitchener approves of the Alzheimer Society of Kitchener-Waterloo conducting a Tag Day in Kitchener on Saturday, May 6, 1995." 2. Licenses It was resolved: "That the City of Kitchener has no objection to the Canadian Red Cross Society, 5700 Cancross Court, Mississauga, Ontario, L5R 3E9, being granted permission to sell raffle tickets in the City of Kitchener for draws to be held at their offices at 5700 Cancross Court, Mississauga, Ontario, on May 1 & July 10, 1995." - and - "That the City of Kitchener has no objection to La Garderie des Lutins de Kitchener, a local non-profit French child-care facility, being granted a licence for a raffle to be held at their office at 345 The Country Way, Kitchener, N2E 2S3, on June 16, 1995." - 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 April 27-29, 1995 inclusive." 3. Ontario Association of Committees of Adjustment/Municipal World It was resolved: "That Messrs. D. McKnight, J. Gothard, A. Galloway, S. Kay and W. Dahms be permitted to become active members of the Ontario Association of Committees of Adjustment and Consent Authorities for 1995, with the total cost of these memberships being $330.00. - and - "That Messrs. D. McKnight, J. Gothard, A. Galloway, S. Kay and W. Dahms be permitted to attend the conference of the Ontario Association of Committees of Adjustment and Consent Authorities to be held in Sudbury, Ontario, from June 4, 1995 - June 7, 1995 with the City of Kitchener to pay the normal expenses incurred." - and - COUNCIL MINUTES MARCH 6, 1995 -105 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 3. Ontario Association of Committees of Adjustment/Municipal World (Cont'd) "That Messrs. D. McKnight, J. Gothard, A. Galloway, S. Kay and W. Dahms be permitted to subscriptions to Municipal World for 1995, with the total cost being $212.00." 4. Encroachment Aqreements It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owners of Part Lots 6, 7, 8 & 9, Registered Plan 316, known as 1138-1158 King Street East, to legalize five existing planters and two pylon signs as they encroach onto the King Street East road allowance, subject to obtaining Committee of Adjustment approval for a minor variance with respect to the signs." - and - "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owners of Paycan Motors Limited, 144 Victoria Street North, to permit an existing pylon sign as it encroaches onto the Victoria Street road allowance, subject to obtaining Committee of Adjustment approval for a minor variance and obtaining the Regional Municipality of Waterloo's approval." - and - "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owners of Lot 12, Registered Plan 1505, known as 38 Old Forest Crescent, to permit the installation of a satellite dish and related cables on an existing storm and sanitary sewer easement." 5. Claims Settlement - CENTRE WARD It was resolved: "That the City accepts the offer of Claude H. Musselman, as set out in the February 9, 1995 letter of Robert A. Sutherland, his solicitor, to settle in full all his claims arising from the expropriation of 23 College Street for the all inclusive, additional sum of $28,000." 6. Inside/Outside Water Meter Discrepancies The Committee was in receipt of a report from Councillor J. Ziegler setting out proposed recommendations for standardizing the collection of payments for under-billing due to water meter discrepancies. Councillor J. Ziegler reviewed the recommendations in his report and suggested that they constitute a fair plan for back-billing. Mr. J. Gazzola indicated that staff are in total agreement with the recommendations and are requesting permission to hire a contract person to correct a backlog of such billing discrepancies. Councillor Ziegler clarified that prior to the action referred to by Mr. Gazzola, owners would receive a notice/form asking them to compare their inside and outside water meter totals to identify discrepancies. In response to a question from Councillor John Smola, Mr. Gazzola indicated that he would hope the term of the contract would be less than one year. Councillor Jake Smola asked whether it would be possible to combine this task with the annual fire inspections, and Fire Chief Hancock advised that the inspection program involves pre-approved areas of the City which may not coincide with the water meter inspections. He added that such a proposal would have to be reviewed by the Kitchener Firefighters Association. COUNCIL MINUTES MARCH 6, 1995 -106 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 6. Inside/Outside Water Meter Discrepancies (Cont'd) Councillor G. Lorentz questioned the feasibility of performing meter inspections on a one time basis, and suggested that in order to be effective this would have to be an ongoing task. Councillor Ziegler responded that staff would first have to send out the forms and compare the responses to determine the extent of the work. He advised that through the contract position staff would be taking responsibility for City-owned equipment and would also save on the estimated $30-40,000/year in current write-offs. Councillor K. Redman inquired as to the cost of the contract and Mr. J. Gazzola replied that he was uncertain at this time, noting that the individual would also have to be familiar with meter installation and repair. Councillor Redman asked whether meter repair is presently done by City employees and Mr. Gazzola replied in the affirmative, indicating he would have to speak with representa-tives of the Utilities Division. Councillor Redman suggested that this information should be obtained before voting on the contract employee issue. On motion by Councillor J. Ziegler - it was resolved: "That with respect to collection of payments for under-billing due to water meter discrepancies, the City adopt a 12 month back-billing period (as opposed to the present 15 month period) and consider a downward adjustment for seasonal usage while continuing to give owners an appropriate amount of time to repay, and, That staff provide a notice/form to all property owners who receive water bills which would allow them to compare their inside and outside water meter totals and send these figures back for comparison in order to allow for earlier identification of faulty equipment, and further, That with regard to the hiring of a contract employee to investigate and compare inside/outside meters in problem areas, staff submit a further report to include the length of the proposed contract, the related salary and position responsibilities, as well as the results of the survey referred to above." 7. License - Monte Carlo Event The Committee was in receipt of a report from J. Koppeser, Manager of Licensing, outlining a request from the Waterloo Minor Ringette Association. Councillor B. Vrbanovic referred to the staff report, noting that the City had recently turned down a similar request on the basis that the organization did not have a physical presence in Kitchener and the application was opposed by a comparable local organization. He suggested that many Kitchener charities would like to run similar events, and notwithstanding that the Kitchener Minor Ringette Association does not object to the application, the City should take no action on the request. It was also noted that the City's present policy in this regard should be revisited. A motion by Councillor B. Vrbanovic to take no action on the request of the Waterloo Minor Ringette Association for endorsement of its license application for a Monte Carlo event was voted on and Lost. On motion by Councillor G. Lorentz - it was resolved: "That the City of Kitchener has no objection to a Provincial license being issued to the Waterloo Minor Ringette Association for a Monte Carlo event to be held at the Holiday Inn, 30 Fairway Road South, in Kitchener on April 13-15, 1995 (inclusive)." MARCH 6, 1995 COUNCIL MINUTES -107- CITY OF KITCHENER COUNCIL MINUTES MARCH 6, 1995 - 107- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES MARCH 6, 1995 -107 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 8. Committee of Adjustment Submission - VICTORIA PARK WARD It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of February 21, 1995, recommending approval for Submission No. S 2/95 -St. Matthews Lutheran Church - Be Ratified and Confirmed." 9. Siqn Permit - 429 Queen Street South (The Apple Stylist) The Committee was in receipt of a request from Mr. D. Dueck for a portable sign permit which would allow him to retain the present sign while making application to the Committee of Adjustment for a minor variance. The Committee was also in receipt of a letter from Mr. R. Morgan, Co-ordinator of Zoning Administration, dated February 15, 1995 informing Mr. Dueck that portable signs are now prohibited at the subject property as it falls within the "conversion zone". On motion by Councillor M. Yantzi - it was resolved - "That a temporary sign permit be issued relative to the existing portable sign at 429 Queen Street South (The Apple Stylist) to allow the owner to make a minor variance application to the Committee of Adjustment for consideration at their April 11, 1995 meeting." 10. Sale of Lands - 355 Riverbend Drive On motion by Councillor J. Ziegler - it was resolved: "That Dusty's Disposal and Recycling be informed that the City has no interest in purchasing the lands at 355 Riverbend Drive."