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HomeMy WebLinkAboutCouncil Minutes - 1995-03-27COUNCIL\1995-03-27 MARCH 27, 1995 COUNCIL MINUTES CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillors G. Lorentz and John Smola. The meeting began with the singing of "O Canada" by 25 Members of the Benton Street Baptist Church Youth Choir. On motion by Councillor C. Weylie, the minutes of the regular meeting held March 6, 1995 and the special meetings held March 6 and 20, 1995, as mailed to the Mayor and Councillors, were accepted. A. COMMUNICATION REFERRED DIRECTLY TO FILE - (a) Letter from the Grand River Conservation Authority enclosing 1995 budget and supporting information. Mr. L. Gordon appeared as a delegation to answer questions regarding the tenders listed on the Committee of the Whole agenda of this date and in the report of the Finance and Administration Committee of this date. Mr. Gordon advised that he could respond to the letter dated March 27, 1995 from Resqtech pertaining to Tender T94-80 for two triple combination pumpers and one aerial ladder. He pointed out that the Finance and Administration Committee considered this tender and made a recommendation listed as clause 7 of the Committee report this date. In response to Councillor Jake Smola, Mr. J. Shivas advised that if Council wishes to discuss the contents of the letter from Resqtech, it could do so in open Council. Councillor Jake Smola commented that he was not clear on the process that had taken place respecting the tendering and Mr. L. Gordon advised that last June tenders were requested and came in excessively over budget. After analysis, staff were not prepared to deal with the tenders and re-issued the original tenders as Tender T94-80 and included a new item arising from the 1995 budget relating to pumper/aerial ladder equipment. He noted that the tender came in $59,000 less than the original tender and acknowledged that certain specifications changed in the re-issued tender. Councillor T. Galloway questioned if Mr. J. Shivas had had an opportunity to review the Resqtech letter. Mr. Shivas advised that he had just reviewed it and advised that Council has the right to accept Mr. Gordon's recommendation. He pointed out that a clause in all tenders specifies that the City reserves the right not to accept a tender as was the case in the original tendering last year. In response to a question from Councillor Yantzi respecting the issue of options, Mr. Gordon advised that Resqtech was the only bidder recommending options in 1994 and further advised that the original tenders were not shown to any of the other bidders. Councillor Jake Smola then questioned item #10 of the Committee of the Whole agenda of this date dealing with the acquisition of golf carts for the 1995 season. Mr. Gordon advised that originally the proposal called for information on rental, lease or purchase of new or used golf carts as at the time staff were not sure how they wished to proceed. It was subsequently determined a better scenario would be to purchase the equipment. Moved by Councillor J. Ziegler Seconded by Councillor T. Galloway That clause 7 of the report of the Finance and Administration Committee of this date be adopted. Carried. Tenders listed as items B.8 and 10 of the Committee of the Whole agenda of this date were then considered. Moved by Councillor M. Wagner Seconded by Councillor C. Weylie That tender T95-11, Watermain Cleaning, be awarded to Canadian Concord, Ontario at their tendered price of $145,026.74., G.S.T. extra. -and- Pipeline Cleaning Inc., That Proposal P95-73 Golf Carts, be awarded to Club Car Inc., Cambridge, Ontario at their bid MARCH ~7, 1995 COUNCIL MINUTES - 110- CITY OF KITCI:IENER price of $158,520. Carried. Ms. Kathi Smith, Chair of the Clock Tower Fundraising Committee appeared as a delegation to update Council on events regarding restoration of the old City Hall Clock Tower. She distributed a copy of a promotional pamphlet developed for this purpose and advised that there were several other people involved in the undertaking that were in attendance this date. Ms. Smith stated that sod was turned for the reconstruction on the site in Victoria Park looking up Gaukel Street on March 17, 1995 and that to date $65,000 has been raised out of a $250,000 goal. Ms. Smith introduced partners involved in the undertaking and provided a brief chronology of events commencing in June, 1994 that lead to the recent sod turning. She pointed out that the project has moved very quickly and paid recognition to the various partners in the project, affiliated trade unions and noting that City of Kitchener Local 68 made a cash donation and volunteered to help with the landscaping around the site. Mr. Norm Johnstone, Conestoga College, appeared as a delegation regarding the Clock Tower Reconstruction Project and outlined participants in the project from the various trades locals, programming and funding which was itemized in an information letter distributed to Councillors this date. He particularly pointed out that the value of labour being contributed by the skilled trades was in excess of $125,000. Mr. Dick Kappeler of Kappeler Masonry (Conestogo) Limited, advised that he was involved with the actual construction of the Clock Tower in Victoria Park. He commented that in his years of experience he had never seen so much enthusiasm as that exhibited by the construction team that has been put together. He also thanked all the suppliers for their donations of material to the project and noted that the fencing enclosure of the site does allow for public viewing. In summary, Ms. Kathi Smith commented that the Clock Tower was bringing different groups together and she could foresee the City Hall New Year's Celebration activities extending to the Clock Tower site. In addition, she advised that the public and members of City Council are invited to Charlies Restaurant on Sunday, April 2 for a $6 buffet with half of the proceeds being directed to the fundraising campaign. Councillor M. Wagner questioned who had the vision to preserve the Clock Tower of the former City Hall. Mr. R.W. Pritchard advised that the preservation was a commitment that the City Council of the day gave to reconstruct the Tower in the future if the will was there to do so. In addition, he pointed out that the Chamber of Commerce and a number of businesses set aside monies in a trust fund for this purpose and that these monies have now grown to $15,000. Councillor K. Redman commended Ms. Smith for all her work in co-ordinating the initiatives to improve downtown. Mr. Bob Arnot introduced Mr. Bob Paul, 1st Vice-President of the Royal Lifesaving Society of Ontario, in regard to an award to the City from the Society. Mr. Bob Paul advised that the Royal Lifesaving Society of Canada was founded in 1906 and functions to provide lifesaving education, noting that over 100,000 people have been trained in Ontario. He presented the Council Cup to Mayor R. Christy which has been won by the City of Kitchener in the past four years and noted that the City of Kitchener trains more people than many larger Cities and is a leader in this field. He stated that he believes this leadership originates from dedicated staff. Ms. Sandi Wey, White Owl Native Ancestry Association, appeared as a delegation in regard to clause 10 of the Community Services Committee report of this date, which recommends approval of a $2,000 in- kind facility grant. Ms. Wey commented on the successful pow wow that was held in 1994 which turned out to be a very large tourist attraction with the number of participants and visitors it drew from other Provinces and the United States. She indicated that they would be advertising the event through the tourist bureau and that they were also requesting financial assistance with respect to the cost of banners and waiving of licence fees. Councillor J. Ziegler advised Ms. Wey that staff had recommended a $500 grant whereas the Committee had decided on a one-time grant of $2,000 which should be considered very generous in terms of the City's grant criteria. Moved by Councillor T. Galloway Seconded by Councillor B. Vrbanovic MARCH ~7, 1995 COUNCIL MINUTES - iii- CITY OF KITCI:IENER That clause 10 of the report of the Community Services Committee of this date be adopted. Carried. Mr. Barry Scott, Solicitor, appeared as a delegation on behalf of the applicant with respect to clause 1 of the report of the Planning and Economic Development Committee of this date dealing with a condominium conversion application at 81 Eagen Drive. Mr. Scott advised that his client was in support of the Committee recommendation. 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. Carried. Mr. Paul Britton, MacNaughton, Hermsen, Britton, Clarkson, appeared as a delegation on behalf of J.H.S. Properties Inc. as well as spokesperson for Krizanderson Developments and on behalf of his client in the Bridgeport North Community, respecting clause 1 of the report of the Community Services Committee dealing with the 1995 Fire Station Location Study. Mr. Britton advised that his request was that Council support Fire Chief J. Hancock's recommendation in the report as it relates to a deleted reference to Pioneer Tower Road on page 6 of the report. He commented that the issue that should be of consideration is one of service response and not to pre-determine the outcome of a proposed subdivision. Mr. Britton then distributed a submission providing a chronology of events respecting the lack of involvement of J.H.S. Properties Inc. in the Fire Station Location Study process. He stated that it was his opinion that the process in formulating the recommendation should be more public and noted that both J.H.S. Properties Inc. and Krizanderson had no input, no opportunity to comment on the draft report, no opportunity to review the Study and only limited opportunity to discuss the Study. Further, he stated that no opportunity was provided for him to speak at the Community Services Committee meeting dealing with the Fire Station Location Study. He pointed out that the issue of concern is the adequacy of fire service at the most economical cost and stated that it was his view the advice of the Fire Chief was appropriate and he asked that Council support the Fire Chief's recommendation which was slightly different than the Community Services Committee recommendation as it relates to these two property owners in Pioneer Tower. Mr. Britton, on behalf of a client in Bridgeport North Community, advised that the Fire Station Location Study did not consider availability of response from City of Waterloo Fire Services and requested that Council ask the Fire Chief to enter into discussions with the City of Waterloo for a first response to Bridgeport area. Councillor T. Galloway questioned why a specific developer should have the opportunity for input into the whole process and Mr. P. Britton advised that what he was suggesting was a public process of input and that assumptions/criteria should be considered within an open public process. Further, he stated that the issue had linkage to Municipal Plan Policy and did affect future developments. Mr. Rinze Vanderwerff appeared as a delegation on behalf of residents of the Pioneer Tower area and Pinegrove Community respecting the Fire Station Location Study. He commented that fire safety was only the first of a number of technical issues that Council will have to address respecting development in Pioneer Tower. He noted that design of the subdivision was the issue of concern and pointed out that actual response time by the fire service must be acknowledged. He also commented that at this time, density of the proposed subdivision has not been decided. Mr. Bill Giverin appeared as a delegation on behalf of the Grand Hill Village Association respecting the Fire Station Location Study. He made reference to an October 12, 1993 memorandum concerning a Council directive to the Planning Department in respect to processing of Official Plan Amendments for Pioneer Tower and asked that Council affirm the Community Services recommendation respecting the Fire Station Location Study. Councillor T. Galloway commented that there was an important delineation between the planning process and the process involving the Fire Station Location Study. He noted that the Fire Station Location Study MARCH ~7, 1995 COUNCIL MINUTES - 11~- CITY OF KITCHENER was supposed to be an unbiased non-prejudicial document and that safety should not be influenced by factors outside of the Location Study. Councillor Galloway pointed out that planning process issues must be discussed when appropriate at the time of application consideration and that the Fire Station Location Study must stand on its own merits. Moved by Councillor T. Galloway Seconded by Councillor B. Vrbanovic That clause 1 of the report of the Community Services Committee of this date be adopted. Carried. Mr. Paul Barber, Neighbourhood Watch - Kitchener, appeared as a delegation respecting a $5,000 grant application which inadvertently appeared on the Committee of the Whole agenda this date when in fact a recommendation of no action was already listed as clause 12 of the Community Services Committee report of this date. Mr. Barber advised that Neighbourhood Watch (Kitchener) has over 7,000 members on 500 streets, resulting in thousands of telephone calls. He advised that the grant request on behalf of the Kitchener Board was for capital costs with respect to the purchase and installation of a new dialer system that would vastly improve the response of Neighbourhood Watch to emergency situations. Mr. Barber noted they were attempting to raise the $13,000 overall cost from outside contributions. Councillor J. Ziegler questioned if Mr. Barber intends to return to the City with additional requests in future and Mr. Barber advised that this was a one-time grant request to allow for the purchase of a dialer system to which four lines would be attached. In response to Councillor Jake Smola, Mr. Barber advised that Neighbourhood Watch (Kitchener) was staffed entirely by volunteers and was a totally non-profit organization. Councillor T. Galloway questioned if Mr. Barber had approached the Police Services Board respecting this matter and was advised that a request had not been put before the Board regarding this matter but Neighbourhood Watch was awaiting an annual operating grant from the Police Services Board. Further, he stated that they were supported by the Police in respect to their operations and presently were sharing a dialer system at Police Headquarters. He specifically mentioned that Neighbourhood Watch (Kitchener) was looking directly to the City of Kitchener for assistance to help them improve their services to Kitchener residents. Councillor B. Vrbanovic questioned if the new dialer system would free up some police staff time that is used to support the existing system and was advised by Mr. Barber that it would. Councillor K. Redman questioned what fundraising events they were considering to raise the required $13,000 and Mr. Barber advised that the group has a program to get neighbourhood groups together for fundraising initiatives. Mr. Barber mentioned that it was a possibility that the other two Kitchener Neighbourhood Watch organizations may in the future wish to acquire their own dialer systems and Councillor M. Yantzi questioned if there should be some sharing arrangement as an alternative to additional expenditures. Councillor Jake Smola stated that he felt the grant request met City policy and listed several groups that have received very large grants over the past three to four years. Councillor M. Yantzi stated that he fully supports Neighbourhood Watch but believed funding for crime prevention should be a Regional responsibility. Moved by Councillor T. Galloway Seconded by Councillor B. Vrbanovic That clause 12 of the Community Services Committee report of this date be adopted. Further discussion took place and Councillor K. Redman pointed out that some issues have been raised that warrant obtaining additional information. Moved by Councillor K. Redman Seconded by Councillor C. Weylie That clause 12 of the Community Services Committee report of this date be deferred and referred to the April 11, 1995 Waterloo Regional Police Services Board meeting to address certain questions raised following the presentation by Mr. Paul Barber at Kitchener City Council along with a request that Mr. Barber appear at the Police Services Board meeting. Carried. COUNCIL MINUTES MARCH ~7, 1995 - 113- CITY OF KITCI:IENER Mr. Max Rausch appeared as a delegation on behalf of the 28 charitable organizations operating at the Kitchener Charities Bingo Palace with respect to clause 4 of the Finance and Administration Committee report recommending no action to increase the bingo licensing period from 2 to 4 months. He pointed out that the benefits of such extension were a reduction in the amount of work by the bingo organizations, police officials and City Hall staff. In response to Councillor B. Vrbanovic, Mr. Rausch stated that after talking to City staff, he thought they were in support. Mrs. J. Koppeser, Manager of Licensing advised that all bingo organizations must file reports on time and that organizations operating out of the Kitchener Charities Bingo Palace have been in compliance while other bingo locations have not. She stated that staff believe that bingo licensing period regulations should be uniform to all organizations. Council then discussed the issue, including taking action against delinquent organizations and rewarding responsible organizations. Mrs. Koppeser advised that she did not think Council could set differing lottery regulations for certain sectors of the bingo community. Councillor J. Ziegler recommended a legal opinion be obtained on whether the City has the authority to establish varying terms and conditions relative to bingo lottery licence issuance. Moved by Councillor J. Ziegler Seconded by Councillor K. Redman That clause 4 of the Finance and Administration Committee report be deferred and referred to the City's Legal Department for a legal opinion on whether the City has the authority to establish varying terms and conditions relative to lottery licence issuance. Carried. Mr. Bruce Wilson appeared as a delegation on behalf of Gould Outdoor Advertising with respect to a Committee of Adjustment sign application, Submission No. S3/95, listed in Item B.11 of the Committee of the Whole agenda this date. He advised that earlier today, he had pointed out a minor error in the Committee's written decision and that Council was in receipt of a memorandum from Ms. D. Gilchrist prepared to correct and amend the recorded Committee decision to which he was in full agreement. The amended decision verifies that four existing sign locations were legalized and a fifth location was permitted and legalized, all within the Regional right-of-way. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Redman That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of March 21, 1995, as amended this date in accordance with the memorandum of Mrs. D. Gilchrist, recommending approval of Submission No. S 3/95 - Regional Municipality of Waterloo - be ratified and confirmed. Carried. Mayor R. Christy advised that Mr. Ab Martin was in attendance respecting clause 11 of the Community Services Committee report of this date. Moved by Councillor T. Galloway Seconded by Councillor B. Vrbanovic That clause 11 of the Community Service Committee report of this date be adopted. Carried. Mr. George Balango appeared as a delegation on behalf of Ottworth Holdings Limited with respect to a Committee of Adjustment sign application, Submission No.S 4/95, listed in Item B.11 of the Committee of the Whole agenda of this date. Mr. Balango advised that he was in support of the Committee recommendation. Moved by Councillor M. Yantzi Seconded by Councillor M. Wagner MARCH ~7, 1995 COUNCIL MINUTES -114- CITY OF KITCHENER That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of March 21, 1995, recommending approval of Submission No. S 4/95 - Ottworth Holdings Ltd. - be ratified and confirmed. Carried. The report was then put to a vote. Voted on clause by clause. Clauses 1, 10 & 11 - Dealt with under Delegations and Carried. Clause 12 - Dealt with under Delegations and deferred and referred 1. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi That the report of the Planning and Economic Development Committee of Council of this be adopted, Councillor K. Redman questioned the application fee for provisional consent in clause 4 and Mr. T. McCabe advised that the fee represents approximately half the fee of a standard application as a provisional consent involves approximately half the work of a standard application, The report was then put to a vote, Voted on clause by clause, Clause 1 - Dealt with under Delegations and Carried. Balance of report - Carried. 2. 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 Jake Smola stated that he was opposed to clause 2 given the time delay, The report was then put to a vote. Voted on clause by clause. Clause 2 - Carried. Clause 4 - Dealt with under Delegations and deferred and referred to the City's Legal Department for a legal opinion on whether the City has the authority to establish varying terms and conditions relative to lottery licence issuance. Clause 7 - Dealt with under Delegations and Carried. Balance of report - Carried. 3. Moved by Councillor T. Galloway Seconded by Councillor B. Vrbanovic That the report of the Community Services Committee of this date be adopted, Councillor C. Weylie questioned what the cost of holding the Canada Summer Games in Kitchener and Waterloo would be. Mr. B. Arnot advised that staff do not have any information at this time, Councillor Jake Smola questioned the grant approval in clause 8 and Mr. B. Arnot advised that the K-W Symphony Volunteer Committee was an auxilliary to the K-W Symphony. MARCH ~7, 1995 COUNCIL MINUTES - 115- CITY OF KITCI:IENER to the April 11, 1995 Waterloo Regional Police Service Board meeting to address certain questions raised following the presentation by Mr. Paul Barber at Kitchener City Council along with a request that Mr. Barber appear at the Police Services Board meeting. Balance of report - Carried. Moved by Councillor M. Wagner Seconded by Councillor T. Galloway That the report of the Local Architectural Conservation Advisory Committee be adopted. Carried. NOTICE OF MOTION Councillor J. Ziegler gave Notice of Motion that at the April 10, 1995 Council meeting he will introduce a motion to reconsider Council's decision of January 23, 1995 relative to By-law 95-10 (appointment of staff) as it relates to the position of Director of Legal Services and City Solicitor. He also advised that at that time he would request that Council deal with and resolve the following: (1) Re-defining the position to reflect a duty to report directly to Council. (2) Confirm the position as a senior position having equal stature to the position of Commissioner on Management Committee. Carried. Councillor C. Weylie introduced a resolution with respect to parking arising from the Mayor's Task Force on Downtown Revitalization and Renewal. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi That staff be instructed to report on April 3, 1995 to the appropriate Standing Committee on item #3 of the Mayor's Task Force on Downtown Revitalization report of March 20, 1995, concerning one hour free parking on King Street and two hours free parking on side streets in the downtown, as to costing and timing of implementation, and further, That staff take no action on ordering new parking meters for downtown King Street. Carried. In view of the direction of the resolution, Councillor M. Wagner requested that parking enforcement staff be less vigorous with respect to the downtown area affected by the change in parking policy. Mr. T. McKay advised that the issue would be the subject of discussion at the March 28 Management Committee meeting. Councillor T. Galloway advised that on Saturday, March 25, 1995, the City's Environmental Committee and staff held a Community Environmental Workshop which turned out to be productive with the Committee receiving varied and numerous issues which it will address either as part of or following the Committee's review of the City's Environmental Strategic Plan. He indicated that the Environmental Committee would hold a special session to prioritize the ideas received at the workshop. Councillor T. Galloway advised Council that a booklet had been distributed prior to the meeting this date dealing with the new Grand River Hospital Corporation formed as a result of the amalgamation of Kitchener-Waterloo Hospital and Freeport Hospital Health Care Village. Councillor Galloway advised that the new Corporation would become effective April 1, 1995 and that he would be Kitchener's representative on the Corporation. He advised that the official ceremonies in this regard would be held on March 31, 1995 at 2 p.m. at the Regional Council Chambers and issued an invitation in that regard. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Redman COUNCIL MINUTES MARCH ~7, 1995 - 116- CITY OF KITCI:IENER That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to designate part of the property municipally known as 30 Francis Street South in the City of Kitchener as being of historical and architectural value (b) To further amend By-law No.88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities (c) To further amend By-law No.94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (d) Being a by-law to amend Chapter 25 of the City of Kitchener Municipal Code with respect to Council Procedure (e) Being a by-law to amend Chapter 680 of the City of Kitchener Municipal Code regarding Signs (f) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement (g) To confirm all actions and proceedings of the Council (h) Being a by-law to amend Chapter 375 of the City of Kitchener Municipal Code with respect to Tariff of Fees of Committee of Adjustment (i) Being a by-law to delegate consent authority under the Planning Act to the Committee of Adjustment (j) Being a by-law with respect to Columbaria and Mausolea in Municipal Cemeteries (k) Being a by-law to amend By-law 85-1 known as the Zoning By-law - Sandra Spring Park Limited - Forwell Road - #91/32/F/CL (i) Being a by-law to exempt a certain lot from Part Lot Control - Lots 12 and 13, Registered Plan 1799 - Briarfield Street (m) Being a by-law to exempt a certain lot from Part Lot Control - Lot 19, Registered Plan 1798 - Fairway Court (n) Being a by-law to exempt a certain lot from Part Lot Control - Lot 114, Registered Plan 1773 - Schueller Street 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 C. Weylie as Chair. On motion, the Council rose from the Committee of the Whole and Mayor Richard D. Christy occupied the Chair. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed. Carried. 7. Moved by Councillor B. Vrbanovic MARCH 97, 1995 COUNCIL MINUTES - 117- CITY OF KITCHENER Seconded by Councillor K. Redman That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to designate part of the property municipally known as 30 Francis Street South in the City of Kitchener as being of historical and architectural value (By-law No.95-39) (b) To further amend By-law No.88-`169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities (By-law No.95-40) (c) To further amend By-law No.94-`10`1, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (By-law No.95-4`1 ) (d) Being a by-law to amend Chapter 25 of the City of Kitchener Municipal Code with respect to Council Procedure (By-law No.95-42) (e) Being a by-law to amend Chapter 680 of the City of Kitchener Municipal Code regarding Signs (By-law No.95-43) (f) Being a by-law to amend Chapter `1`10 of the City of Kitchener Municipal Code regarding By-law Enforcement (By-law No.95-44) (g) (h) (i) (J) (k) (i) To confirm all actions and proceedings of the Council (By-law No.95-45) Being a by-law to amend Chapter 375 of the City of Kitchener Municipal Code with respect to Tariff of Fees of Committee of Adjustment (By-law No.95-46) Being a by-law to delegate consent authority under the Planning Act to the Committee of Adjustment (By-law No.95-47) Being a by-law with respect to Columbaria and Mausolea in Municipal Cemeteries (By-law No.95-48) Being a by-law to amend By-law 85-'1 known as the Zoning By-law - Sandra Spring Park Limited - Forwell Road - #9'1/32/F/CL (By-law No.95-49) Being a by-law to exempt a certain lot from Part Lot Control - Lots '12 and '13, Registered Plan '1799 - Briarfield Street (By-law No.95-50) MARCH ~7, 1995 COUNCIL MINUTES - 118- CITY OF KITCI:IENER (m) (n) (o) Being a by-law to exempt a certain lot from Part Lot Control - Lot 19, Registered Plan 1798 - Fairway Court (By-law No.95-51 ) Being a by-law to exempt a certain lot from Part Lot Control - Lot 114, Registered Plan 1773 - Schueller Street (By-law No.95-52) Being a by-law to amend the City of Kitchener Municipal Code - Chapter 320 imposing a special charge on classes of buildings that impose or may impose a heavy load on the sewer or water system (By-law No.95-53) 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. That Condominium Conversion Application CDC 92\001\CL (Ross Walker in Trust) which relates to 81 Eagen Drive be granted Draft Plan of Condominium approval, subject to the following conditions: 1. That prior to the signing of the final plan by the City Clerk for registration, the Owner satisfy the following conditions: (a) That the final Plan for registration purposes shall be prepared in accordance with the attached Condominium Plan dated February 17, 1995 with a copy of the final plan being approved by the City's Manager of Community Planning and Development Review. (b) To submit a draft Condominium Declaration for the approval of the City's Manager of Community Planning and Development Review containing the following provisions: (i) To maintain the public and private sidewalks, driveways and parking areas in a snow free condition and void of any obstructions 12 months of the year. (ii) To prohibit the parking and storage of derelict vehicles and recreational vehicles on the subject lands. (iii) To arrange for a private contractor to pick up and dispose of garbage refuse from a designated refuse area. (c) The Owner covenants and agrees in writing to the City's Manager of Community Planning and Development Review to register a Condominium Declaration as required in Condition 1 (b) hereof. (d) To designate a visitor parking area as shown on the "Parking Plan" dated February 17, 1995, as revised March 20, 1995, attached, to the satisfaction of the City's Manager of Community Planning and Development Review, and to sign said area as "Visitor Parking" in accordance with the approved plan. (e) To submit to the City's Manager of Community Planning and Development Review, a letter from the Regional Municipality of Waterloo advising that all Regional conditions have been satisfied. The clearance letter shall include a brief statement for each condition outlined below detailing how each has been satisfied: (i) That a 7.62 metre (25 foot) daylight triangle at the intersection of Highland Road (Regional Road No. 6) and Eagen Drive be established and conveyed to the Region. (ii) That the Owner install a 1.82 metre high chain link fence, 0.15 metres offset from the property line of the Regional Road allowance adjacent to Highland Road (Regional Road No. 6). Such installation shall be completed to the satisfaction of the Region's Commissioner of Engineering. That the Owner submit a noise study to indicate the methods to be used to abate noise levels for the residential units to the Region's Commissioner of Planning and Culture and to enter into an agreement if necessary with the Regional Municipality of Waterloo to implement the results of the noise study. (f) To submit to the Department of Planning and Development in order to expedite the Municipal Release of the Draft Plan of Condominium for registration a detailed written submission outlining and documenting how all conditions imposed requiring attention and action prior to registration have been met and satisfied. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 1. (Cont'd) (g) That any outstanding municipal property taxes and local improvements be paid to the City of Kitchener. MARCH ~7, 1995 COUNCIL MINUTES - 1~0- CITY OF KITCI:IENER COUNCIL MINUTES MARCH ~7, 1995 CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL That the conditions attached to City Council's September 27, 1993 approval under the Rental Housing Protection Act be satisfied prior to release of the Plan of Condominium for final registration. It is the opinion of this Committee that the approval of this application is proper planning for the City. (Dealt with under Delegations and Carried) That the following be approved with regard to Road Closure Application LC 94/01/PMB (untravelled portion of Cayuga Drive): That the Legal Department and General Services and City Clerks Department be instructed to proceed with the ordering of a survey, preparation of a By-law and necessary advertising in the local newspaper for the closing of a portion of Cayuga Drive. The title of the land is to be conveyed entirely to Waterloo Furniture Components Ltd., subject to the following conditions: That a survey be completed and registered prior to the completion of the road closure. That an easement be granted in favour of Kitchener-Wilmot Hydro for the existing hydro pole and associated guys, anchors and overhead wire located on that portion of Cayuga Drive to be closed. That an easement be retained in favour of the City of Kitchener for the existing sanitary and storm sewers located on that portion of Cayuga Drive to be closed. That Waterloo Furniture Components Ltd. shall be responsible for all the costs related to survey, legal, registration and advertising costs associated with the closure of the road. That Waterloo Furniture Components Ltd. pay the fair market value as determined by the City's Land Purchasing Officer, for that part of Cayuga Drive to be closed and title be taken in identical ownership as the abutting lands. That Planning and Economic Development Committee endorse the proposed process for preparation of Department of Planning and Developments Strategic Plan 1996 - 2000. That the Council of the Corporation of the City of Kitchener pass a by-law to delegate it's authority to grant consents pursuant to Section 53 of the Planning Act, as amended by Bill 163, to the City of Kitchener Committee of Adjustment, effective March 28, 1995. That By-law 95-21, being Chapter 375 of the City of Kitchener Municipal Code be amended to include a fee for an application to change conditions of a provisional consent of $130.00 per application. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 5. 1. That a further extension to December 31, 1995 be granted to complete a report relative to circulation notice requirements and recirculation of planning proposals. 2. That Council support the expansion of the study to include the development of a new public participation program for land use planning in the City of Kitchener which may MARCH ~7, 1995 COUNCIL MINUTES -1~1- CITY OF KITCHENER COUNCIL MINUTES MARCH ~7, 1995 CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL include, among other initiatives, the following: a) consideration of preliminary public information meetings as part of the new process for planning applications; b) the review of standard preliminary circulation letters to include more 'user friendly' language and the inclusion of standard information on the publics' responsibility in the planning process as outlined in Bill 163 (the revised Planning Act); c) the review of current content and Iocational requirements of subdivision billboard signs and other methods of information dissemination in newly developing areas of the City; d) discussion with Neighbourhood Associations to explore a system of appointing 'sub- committees' or 'individual representatives' for the purpose of developing a more formalized planning liaison; e) the implementation of new public notice and participation requirements as contained in Bill 163; f) consideration and implementation of any recommendations arising from the development of a local mediation program. 6. That we accept the Economic Development Division 1994 Annual Report. COMMUNITY SERVICES COMMITTEE - That we approve, in principle, the 1995 Fire Station Location Study, as presented to the Community Services Committe on March 20, 1995; and further That a future "Implementation Report" be submitted for approval, recommending the timing of Capital and Operating Budget expenditures and other activities including, but not limited to, the identification of station sites, dates for the commissioning of relocated stations and the decommissioning of existing stations, assignment of staff and vehicles. (Dealt with under Delegations and Carried) That false alarms, defined as "responses by the Kitchener Fire Department to fire alarms not requiring fire extinguishment nor emergency intervention", be flagged and analysed during 1995 as a basis for a future report to the Community Services Committee to determine the need for the charging of administrative fees. That the City of Kitchener renew the grass cutting service contract with the K-W Habilitation for 1995, at a total estimated cost of $29,943.00. That the Councils of the Cities of Kitchener and Waterloo support the bid to host the Canada Summer Games; and further That each municipality allocate $1,500.00 in 1995 to off-set bid preparation costs. COMMUNITY SERVICES COMMITTEE - (CONT'D) That we approve the request of the YWCA of Kitchener-Waterloo for an in-kind facility rental grant in the amount of $285.07 for use of the City Hall Rotunda on April 27, 1995, for their 90th Anniversary Annual meeting. COUNCIL MINUTES MARCH ~7, 1995 CITY OF KITCHENER COUNCIL MINUTES MARCH ~7, 1995 CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That we approve the request of the K-W Krystals Precision Skating Team for a travel grant in the amount of $1,000.00 to assist with their attendance at the National Precision competition in Calgary, Alberta, for April 11 - 17, 1995. That we approve the request of the Combat Challenge Program for a loan in the amount of $2,200.00 to assist with the costs of equipment; and further That the loan be repaid subject to negotiation with the Finance Department. That we approve the request of the K-W Symphony Volunteer Committee for an in-kind facility rental grant in the amount of $912.00 for their use of the City Hall Rotunda on September 8, 1995 for the "Taste of Waterloo County '95". That we accept the report of Ms. Lorna Ferguson, Chairperson, Victoria Park 100th Committee, dated March 15, 1995, concerning the hiring of a part time Victoria Park Community Celebration Coordinator, as presented to the Community Services Committee on March 20, 1995. 10. That we approve the request of the White Owl Native Ancestry Association for an in-kind facility rental grant in the amount of $2,000.00 for their use of the Auditorium Complex on June 17 - 18, 1995, for a "Pow Wow". (Dealt with under Delegations and Carried) 11. That we approve a grant for the Waterloo-Wellington Presbytery 121st General Assembly in the amount of $400.00 to assist with printing costs. (Dealt with under Delegations and Carried) 12. That no action be taken on the request of the Neighbourhood Watch (Kitchener) for a cash grant in the amount of $5,000.00. (Dealt with under delegations and deferred and referred to the April 11, 1995 Waterloo Regional Police Services Board meeting to address certain questions raised following the presentation by Mr. Paul Barber at Kitchener City Council along with a request that Mr. Barber appear at the Services Board meeting). FINANCE AND ADMINISTRATION COMMITTEE - That no action be taken on the request of Ms. Vera Caughill concerning her claim for the damage to her vehicle resulting from the use of the Market Square parking garage ramp on January 4, 1995. That the City Solicitor be instructed to prepare a by-law to amend Section 539.6.3 of Chapter 539 (Master Electricians) of the City of Kitchener Municipal Code to provide for a two year waiting period between the time a Certificate of Qualification is issued by the Province of Ontario and the time a person may write a Master Electrician's exam. FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) MARCH 27, 1995 COUNCIL MINUTES - 123- CITY OF KITCI:IENER COUNCIL MINUTES MARCH 27, 1995 - 123- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL That the City of Kitchener support, in principle, the CTT-2000 Consortium initiative through a letter of support to be forwarded to the Minister of Economic Development and Trade indicating the City's capital contribution of $100,000.00 to this project through its implementation of the GIS program already approved in the Capital Budget, as well as an "in kind" contribution through staff technical expertise. That no action be taken on the request of Mr. Max Rausch, representing various groups holding bingos at the Kitchener Charities Bingo Palace, for a four month licensing period relative to bingo licences. (Dealt with under delegations and deferred and referred to the City's Legal Department for a legal opinion on whether the City has the authority to establish varying terms and conditions relative to lottery licence issuance). That the Flying Dutchmen Drum Corps not be allowed to apply for one bingo event during the licensing period May-June, 1995 as a penalty for failure to obtain a licence for a March 11, 1995 event. That the proposed by-law appended to the report of Mr. R.W. Pritchard dated March 15, 1995 to amend Chapter 25 (Council Procedure) of the City's Municipal Code so as to implement the relevant sections of Bill 163, be approved and that said by-law be placed on the March 27, 1995 Council agenda for three readings. That Tender T94-80 (Two Triple Combination Pumpers/One Aerial Ladder) be awarded as follows: a) Two (2) Triple Combination Pumpers - Superior Emergency Vehicles Ltd., Red Deer, Alberta at their tendered price of $880,900.00 less $30,000.00 for trade-in vehicles, plus GST; b) One (1) Aerial Ladder Nova QUINTECH division of Nova Bus Corporation, St. Francois-du-Lac, Quebec at their tendered price of $678,000.00 plus GST; c) Pumper/Aerial Ladder Equipment to be split among nine bidders based on the Iow bid price meeting specification for a total equipment value of $79,622.82 plus GST. (Dealt with under Delegations and Carried) That the suggested direction outlined in the staff Home Page Committee report dated March 13, 1995, concerning an approach to developing a Home Page be adopted, and further, That Councillors B. Vrbanovic and C. Weylie represent Council on the Committee evaluating Expressions of Interest. That Councillors J. Ziegler, C. Weylie and B. Vrbanovic be appointed as Council's representatives on the City's Continuous Improvement Steering Committee. 10. That further consideration of the proposed renewal of the Early Retirement Incentive Program for a further three year period be deferred to the April 3, 1995 Finance and Administration Committee meeting. COUNCIL MINUTES MARCH 97, 1995 - 194- CITY OF KITCI:IENER COUNCIL MINUTES MARCH 97, 1995 - 194- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE - That, without prejudice or precedent, and notwithstanding the Provincial administrative guidelines, the scope of the 1994/95 Designated Property Grant for 811 Bleams Road (Steckle Heritage Homestead) be expanded to include structural work to the Forge Barn as outlined in the letter from J. Steckle, dated January 28, 1995. That Council investigate the potential for an archaeological assessment of the property known municipally as 1252 Doon Village Road as well as the opportunity to create an interpretive park at that location; and further That the demolition to take place at 1252 Doon Village Road be least intrusive to the surrounding ground. COUNCIL MINUTES MARCH 27, 1995 -125 - 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 .Volunteer Appreciation - Postaqe Meter Imprint It was resolved: "That in conjunction with the proclamation of Volunteer Week from April 23rd to April 29th, 1995, in Kitchener, the City Clerk be authorized to direct the imprinting of mail processed through the City's postage mete during the month of April with the message: "Volunteering: A Great Way to Grow". It being understood that any costs associated herewith will be charged to the Parks and Recreation Department." 2.Taq Day It was resolved: "That the City of Kitchener approves of the Canadian Cancer Society, Kitchener Waterloo Unit, holding its annual Air Cadets Scott Wilson Tag Day for Cancer in Kitchener on Saturday, April 15, 1995." 3. Banner Request It was resolved: "That in conjunction with the annual initiative coordinated by the Ontario Women's Directorate in May called Sexual Assault Prevention Month, the Kitchener-Waterloo Sexual Assault Support Centre be granted permission to have a banner erected on King Street at Rockway Gardens from Monday, May 8, 1995 to Sunday, May 28, 1995 inclusive. Further, that arrangements be made with the City's Contractor for erection of the banner and the payment of any costs associated therewith." 4.1995 M.T.O. Subsidy Allocations It was resolved: "That the Mayor and Clerk be authorized to execute the Program of Proposed Expenditures for Highway Improvement for the year 1995 totalling $8,729,060." 5. Licenses It was resolved: "That the Kitchener 44th Scouting Association be granted permission to operate a Garage Sale at Gzowski Park, Chopin Drive and Westmount Road, Kitchener on April 29, 1995, provided that the necessary licence is obtained." - and - COUNCIL MINUTES MARCH 27, 1995 -126 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 5. Licences (Cont'd) "That Zehrs Market, Hiway Centre, be granted permission to operate a refreshment stand, in front of their store in Kitchener, on May 5 & 6, 1995 provided that the necessary Licence and Health and Fire approvals are obtained and that the fee be waived from $20.00 to $1.00." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Optimist Club of the Twin Cities to conduct a Monte Carlo event at the Edelweiss Tavern, 600 Doon Village Road, Kitchener on July 13-15, 1995, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Kitchener Minor Boys Soft Ball Association to conduct a Monte Carlo event at the K-W Granite Club, 69 Agnes Street, Kitchener on May 18-20, 1995, inclusive." - and - "That the City of Kitchener has no objection to the Greek Orthodox Community applying for a Liquor License for the Festival to be held May 7th, 1995, in the Kitchener Farmers' market, 25 Frederick Street, Kitchener; and further That the Greek Orthodox Community be granted permission to locate barbecues on the upper level of the Parking Garage during the Festival." 6. Lot No. 7 - Landscapinq Improvements - VICTORIA PARK WARD It was resolved: "That the landscaping plan dated February 1995, attached to report DOPWR-95-15, for Lot No. 7 be approved and that it be initiated under the Winter Works Program." 7.Award of Tenders for Annual Repavinq and Sidewalk Reconstruction It was resolved: "That authority be given to the Chief Administrative Officer to approve the award of tenders for repaving and sidewalk reconstruction provided the tenders are within budget, with the results of the tenders to be reported to the Council meeting of May 8th." 8.Tender - T95-11 (Watermain Cleaninq) This item was dealt with under delegations. 9.Grant Application - Neiqhbourhood Watch/Kitchener This item inadvertently appeared on the Committee of the Whole Agenda when, in fact, the matter was listed as Clause #12 of the Community Services Committee report of this date. This item was dealt with under delegations. COUNCIL MINUTES MARCH 27, 1995 -127 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 1 O.Acquisition of Golf Carts for 1995 Season This item was dealt with under delegations. 11 .Minor Variances, Kitchener Municipal Code, Chapter 680 (Siqn) - FAIRVIEW WARD Submission Nos. S 3/95 and S 4/95 were dealt with under delegations. 12.License It was resolved: "That the Family Awareness Centre, 200 Waterloo Street, Kitchener, be granted permission to operate a refreshment stand at Stanley Park Mall, 1005 Ottawa Street North, Kitchener, on April 1, 1995 provided that the necessary Licence and Health and Fire approvals are obtained."