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HomeMy WebLinkAboutCouncil Minutes - 1995-06-05COUNCIL\1995-06-05 JUNE 5, 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 playing of "O Canada" by the St. Paul's Lutheran Church Hand Bell Choir under the direction of Nelly Scholtes. Councillor M. Yantzi thanked the choir for their presentation and pointed out that St. Paul's Lutheran Church has a very long history dating back to the earliest beginnings of Kitchener. The minutes of the special Council meeting held May 15, 1995 were accepted at the Council meeting held May 23, 1995. Councillor J. Ziegler advised that he was incorrectly recorded as being absent at the May 15th meeting and it was agreed to amend the minutes to record his attendance. On motion by Councillor Jake Smola, the minutes of the regular meeting held May 23, 1995 and the special meetings held May 16, 23 and 29, 1995, as mailed to the Mayor and Councillors, were accepted. Mr. Mike Hiscott, Chair, Business and Industry Advisory Committee, appeared as a delegation to provide a semi annual report of the activities of the Committee. He pointed out that the BIAC has advised and encouraged Economic Development staff on the following issues when such advise was requested: land sale negotiations, site plans, small business centre, sidewalk policy, site selection factors, King Value Centre, marketing plan, Passport to Success (Oktoberfest program) and tax comparison data. Mr. Hiscott also noted that based on the powers and duties set by City Council, the BIAC has heard representations from T. McCabe, Peter Friedman and John Whelan, John Whitney, and representatives of the potential purchaser of land in Lancaster Corporate Centre. He indicated that there were many issues that have been dealt with by City Council on which the Committee felt they could have provided useful input and advice. He noted that the 1993 expanded Terms of Reference encouraged the Committee to provide unsolicited input and advice on business and economic development issues. In this regard the Committee would like to take a proactive role on economic development issues under consideration. Mr. Hiscott advised that the BIA approved the addition of a downtown representative to the Committee and requests endorsement and also asks Council to endorse the addition of a representative from the Kitchener Waterloo Area Visitor and Convention Bureau. Finally, Mr. Hiscott advised that future items the BIA Committee might consider are: billboards, development charges, extension of uses in Huron Business Park, future supply of industrial land, site plan process building permit stage, Huron Environmental Area and any other items which are to appear on the City's agenda. In summary he stated that the Committee is of the view that it could play a more useful role in assisting City Council. In response to Councillor G. Lorentz, Mr. Hiscott advised that the Business and Industry Advisory Committee has the power to add to its membership but would rather have Council endorsement of the additions from the two particular sectors. The process of appointment of a representative from the downtown was questioned and Mayor R. Christy recommended that Councillors might provide suggestions in that regard. Councillor T. Galloway pointed out that no change was being made in the number of at-large appointees to the Committee. Moved by Councillor G. Lorentz Seconded by Councillor M. Wagner "That we endorse a request from the Business and Industry Advisory Committee to add membership to the Committee as follows: one member to represent the downtown and one member to represent the Kitchener Waterloo Area Visitor and Convention Bureau." Carried. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson, appeared as a delegation on behalf of JHS Properties Inc., to advise of his clients support for clause #2 of the Public Works and Transportation Committee report of this date dealing with Pioneer Tower West. Moved by Councillor John Smola Seconded by Councillor M. Wagner "That clause 2 of the report of the Public Works and Transportation Committee be adopted." COUNCIL MINUTES JUNE 5, 1995 - 252 - CITY OF KITCI:IENER Carried. Mr. Bill McDonnell appeared as a delegation on behalf of the Waterloo Regional Synchronized Swimming Club relative to their request to hold a Monte Carlo and the recommendation listed as Item #B.l(e) of the Committee of the Whole Agenda of this date. Mr. McDonnell pointed out that he was very excited with the partnership between the Rotary Centre and the Swim Club. Moved by Councillor G. Lorentz Seconded by Councillor M. Wagner "That the City of Kitchener has no objection to a Provincial licence being issued to the Waterloo Regional Synchronized Swimming Club, 321 Concordia Crescent, Waterloo, N2K 2M2, to conduct a Monte Carlo event at the Howard Johnson's, 1333 Weber Street, Kitchener, on July 27-29, 1995, inclusive." Carried. Mr. Peter Lizak appeared as a delegation in regard to the decision of the Committee of Adjustment recommending approval of a sign application, Submission No. S 9/95 - Apple Stylists Ltd. - 429 Queen Street South. The recommendation to ratify the decision is listed as Item B (5) of the Committee of the Whole Agenda of this date. The issue concerns a request for permission to continue with the use of a portable sign at the subject property although the property is designated as being in a "conversion area" and the Committee has approved permission to continue with use of the portable sign for one year from the date of Council's ratification of the Committee recommendation. Mr. Lizak advised that he was surprised that Traffic staff had approved the portable sign given the short distances with respect to road sight lines at that location. He stated that he was opposed to the sign because it was his view it creates a life threatening situation and it was not appropriate to approve the sign application. In response to Councillor M. Yantzi, Mr. Lizak advised that when he was at a nearby property he could not back his vehicle out without threatening his life due to the lack of visibility. Councillor M. Yantzi advised that Traffic staff had not expressed any concerns in the report considered by the Committee of Adjustment. He noted that the applicant has requested an extension of use of the portable sign in order to plan for and acquire a permanent ground sign. Mr. Lizak stated that he would not have a problem with the temporary sign if it was placed on the other side of the subject property. Councillor M. Yantzi advised that he would support a two year sign extension rather than a one year extension as recommended by the Committee of Adjustment. Councillor G. Lorentz stated that one year was sufficient and that in the meantime staff must ensure the sign is properly setback. Mr. T. McCabe confirmed that staff had been trying to encourage the owner to put in a permanent ground sign. Moved by Councillor M. Yantzi Seconded by Councillor J. Ziegler "That the decision of the Committee of Adjustment, sitting as a Standing Committee of City Council, of May 24, 1995, recommending approval of Submission No. S 9/95 - Apple Stylists Ltd., be amended to approve the sign for a two year period rather than a one year period from the date of Council's ratification." Motion Lost. Councillor G. Lorentz indicated that he would move approval of the original Committee of Adjustment recommendation approving the sign for one year from the date of Council's ratification of the Committee recommendation. Moved by Councillor G. Lorentz Seconded by Councillor M. Wagner "That the decision of the Committee of Adjustment, sitting as a Standing Committee of City Council, of May 24, 1995, recommending approval of Submission No. S 9/95 - Apple Stylists Ltd., be ratified and confirmed. JUNE 5, 1995 COUNCIL MINUTES - 253- CITY OF KITCI:IENER Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi That the report of the Planning and Economic Development Committee of Council 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. Carried. 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. In reference to clause 3 of the report, Councillor Jake Smola advised that it had been his expectation that Council would be considering strategies regarding the future of the Market Square garage rather than a specific recommendation relative to repair. He noted that while the focus was on repair and replacement of the upper three levels he had serious concern that the three lower floors would likely deteriorate rapidly in the near future and he was not in favour of expenditures with this uncertainty. Councillor Jake Smola also referred to a newspaper article of March 10, 1995 in which the Manager of Market Square commented on the market garage and was quoted as pointing out that the garage was not customer friendly. Councillor M. Yantzi advised that he was in favour of the Committee recommendation on the basis that no action by Council at this time was not the answer to the problem especially in consideration of all the other factors that inter-relate to the parking garage operation. Councillor M. Wagner stated that he would support the recommendation on the basis that it was made clear that the future of the Farmers Market was not tied to the issue of the market parking garage. Councillor J. Ziegler questioned if engineering reports were being prepared regarding the lower floors and Mr. E. Kovacs advised that reports providing a snapshot of the lower three floors would be available later in the year. Councillor G. Lorentz was of the view that the decision to repair the market garage was premature at this time. Councillor Jake Smola pointed out that in 1990 the City spent $214,000 on elevator upgrades to the market parking garage and questioned why more spending was necessary now. Councillor K. Redman acknowledged that it was a tough decision for Council to make respecting the garage but pointed out that there were more issues involved than just the parking garage that must be factored into consideration. Councillor Jake Smola stated that it was his understanding Council was to first meet with Cambridge Leaseholds to discuss the future of the garage but that this meeting had not taken place. Mayor R. Christy advised that it was necessary for Council to deal with the issue first so that it could then approach Cambridge Leaseholds. Mayor R. Christy advised that the Manager of Market Square most recently expressed strong support for the position Council has taken with respect to the downtown and the Market Square parking garage. Further he pointed out that at the last Saturday market he observed crowds of people waiting for elevators to get up from the market into the garage and that it was his view the facility must be upgraded in order to maintain the reputation of the Farmers Market. On another aspect of the matter he stated that there was a tax revenue issue that must be considered and that spending funds to upgrade the garage was protecting an investment that has been made within the downtown by both the public and private sectors. Mayor Christy noted that the recommendation was simply providing the direction to proceed with technical work relative to repair of the garage. The report was then put to a vote. Voted on clause by clause. Clause 2 - Dealt with under delegations and Carried. JUNE 5, 1995 COUNCIL MINUTES - 254 - CITY OF KITCI:IENER Clause 3 - A recorded vote was requested. Paragraph #1 of Clause 3: In favour: Mayor R. Christy and Councillors John Smola, K. Redman, T. Galloway, C. Weylie, M. Yantzi and M. Wagner Contra: Councillors Jake Smola, J. Ziegler, G. Lorentz and B. Vrbanovic. Carried. Remainder of Clause 3: In favour: Mayor R. Christy and Councillors John Smola, K. Redman, T. Galloway, C. Weylie, M. Yantzi, M. Wagner, J. Ziegler, G. Lerentz and B. Vrbanevic. Contra: Councillor Jake Smola. Carried. 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. Councillor J. Ziegler acknowledged receipt of a report from Mr. J. Shivas regarding posters being placed on hydro poles. He stated that there was a need to change the City's by-law and recognize pestering as a form of communication with the proviso that controls regulate the pestering activities. He suggested that the regulations require dating, sizing, material and removal by a certain date. Councillor T. Galloway commented that he was not sure Councillor Ziegler's suggestion was the way in which to deal with this issue. He stated that it had been intended that the City increase its activity with regard to removal of posters to the point that it would become a futile exercise for advertisers to post them given a pro-active expeditious cleaning process by the City. Councillor J. Ziegler suggested that having the by-law to legally authorize them also legally authorizes the City to remove them when they do not conform to regulations. At this point Councillor G. Lorentz questioned if staff were collecting advertising signs placed on City boulevards as instructed by Council and questioned if clear direction had been given to City staff in that regard. Mr. T. McKay advised that it was his understanding that instructions have been given but that he would ensure that this had taken place. Moved by Councillor J. Ziegler Seconded by Councillor T. Galloway That a staff report and by-law be prepared for consideration by the Finance and Administration Committee relative to regulation of postering and such proposed regulations provide for dating, size, material, date of removal and any other pertinent data. Carried. Councillor C. Weylie questioned what advice Councillors should be giving with regard to any complaints received of barbecues on apartment balconies. Mr. J. Hancock advised that propane, briquette and charcoal barbecues were not allowed on apartment balconies while electric barbecues were permitted. He advised that the Fire Department would respond to any complaints that Councillors receive. COUNCIL MINUTES JUNE 5, 1995 - 255 - CITY OF KITCI:IENER Councillor G. Lorentz advised that he recently had his residential water heater replaced and had two questions in that regard. Firstly, he stated that the previous water heater was still under warranty, being less than five years old and questioned the quality of heaters being installed. Secondly, he noted that a certified installer was required to install the new water heater and questioned why an inspection of the unit was carried out by the City at a later date given that the installer had the certified skill to install the unit. Mr. E. Kovacs advised that it is practice to try to get into homes to inspect new installations for safety reasons. On the warranty issue he advised that staff were monitoring the life cycle of water heaters and that in general the units were performing well given the extremely hard water conditions of this area. However, he stated that the industry has been concerned over a Iow tender only approach to supply of water heaters without any specifications as to quality and that in fact the quality has been going down in recent years. Councillor Jake Smola referred to the reconstruction of streets that was taking place in downtown Kitchener and advised that he has tracked the Young Street project from Maynard to Duke Street. He indicated that originally this project was in the Capital Forecast for the year 2002 and questioned how the project moved ahead seven years. Mr. J. Gazzola advised that he had sent a memorandum to Councillor Jake Smola regarding this matter in which he acknowledged that the work was originally scheduled for the year 2002. He replied that projects are often postponed from the Capital Forecast and that sometimes projects were moved up. He advised that there was a notation of the change in the Capital Forecast and in this instance the improvement had been funded totally out of the sewer fund with no impact on the tax supported portion of the budget. Councillor Jake Smola questioned if the work would impact on any other projects and Mr. Gazzola advised that he was not aware of any project not being done because of the Young Street improvement. Further Mr. Gazzola stated that the work was highly subsidized and that the Public Works staff undertake an extensive evaluation process to take advantage of available subsidy funding from other levels of government. At the request of Mr. R.W. Pritchard, City Clerk, Council consented to the addition of three by-laws to the agenda for three readings this date. The first two by-laws deal with amendments to By-law 85-1 and the third by-law deals with appointment of a plumbing/building inspector. Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to close and sell Part of Cayuga Drive shown as Part 1, Reference Plan 58R-9713 in the City of Kitchener (b) Being a by-law to extend the time for conveyance of lands pursuant to By-law 94-47 - part of Palmer Avenue (c) To further amend By-law 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (d) Being a by-law to amend By-law 85-1 - Freure Developments Limited - Wake Robin Crescent, Windflower Crescent and Windflower Place (e) To confirm all actions and proceedings of the Council (f) Being a by-law to amend By-law 85-1, as amended by By-law 94-1 - Central Frederick - No.95/02/E/CL (g) Being a by-law to amend By-law 95-1, as amended by By-law 94-1 - Central Frederick - No.95/07/CF/CL (h) Being a by-law respecting the Appointment of a Plumbing/Building Inspector and the same be taken as read a first time and stand referred to the Committee of the Whole. Carried. JUNE 5, 1995 COUNCIL MINUTES - 256- CITY OF KITCI:IENER On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor R. Christy appointed Councillor Jake Smola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. Moved by Councillor Jake Smola Seconded by Councillor M. Wagner 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. Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) Carried. Being a by-law to extend the time for conveyance of lands pursuant to By-law 94-47 - part of Palmer Avenue (By-law No. 95-84) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (By-law No. 95-85) Being a by-law to amend By-law 85-1 - Freure Developments Limited - Wake Robin Crescent, Windflower Crescent and Windflower Place (By-law No. 95-86) To confirm all actions and proceedings of Council (By-law No. 95-87) (e) (f) (g) Being a by-law to amend By-law 85-1, as amended by By-law 94-1 - Central Frederick - No.95/02/E/CL (By-law No. 95-88) Being a by-law to amend By-law 95-1, as amended by By-law 94-1 - Central Frederick - No.95/07/CF/CL (By-law No. 95-89) Being a by-law respecting the Appointment of a Plumbing/Building Inspector (By-law No. 95-90) be taken as read a third time, be finally passed and numbered serially by the Clerk. Carried. JUNE 5, 1995 COUNCIL MINUTES - 257- CITY OF KITCI:IENER On motion, the meeting adjourned. MAYOR CLERK PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 1. 1) That Planning and Development Staff Report PD 95/54 be received for information; 2) That City Council delegate approval authority to the City's General Manager of Planning and Development for the approval of Draft Plans of Condominiums related to the Rental Housing Protection Act except in the following cases: a) when there is any disagreement by the applicant relative to the General Manager of Planning and Development's overall recommendation or any condition in particular; b) when there is any condition contained within the recommendation for draft plan approval which would have any special or unanticipated financial implications to the City; c) where the General Manager of Planning and Development deems that a review by City Council is necessary or beneficial; d) where the General Manager of Planning and Development is recommending refusal of a draft plan of condominium. 1) That Council refer the Huron Environmental Area Cooperative Project - Interim Control Bylaw and Huron Park Adjacent Land Use Study, together with the Strasburg Creek Master Watershed Plan Addendum, to the Environmental Committee, Business and Industry Advisory Committee, Huron Natural Area Steering Committee, Huron Natural Area Interim Board of Directors, K-W Homebuilders and affected property owners for input and comment by September 6, 1995; with the report, and associated Municipal Plan and Zoning Bylaw Amendments, coming back to Planning and Economic Development Committee for consideration at a Public Meeting September 18, 1995. 2) That the following recommendations be considered by Council after input is received from the Environmental Committee, Business & Industry Advisory Committee, Huron Natural Area Steering Committee and Interim Board of Directors, K-W Homebuilders and affected property owners: (1) That Council receive the Huron Park Adjacent Land Use Study. Geomatics International Inc., December, 1994. (Attached as Appendix D) (2) That Part 3, Section 5.3 of the Municipal Plan be amended to incorporate a policy to prohibit the list of uses outlined in Part 3, Policy 5.1.5 of the Municipal Plan, with the exception of stamping or punch-pressing of metal and the addition of the manufacturing of organic chemicals, paints and varnish, soaps and detergents, and resins and coatings, on all lands covered by Interim Control Bylaw No. 93-192. (3) That Bylaw 85-1 be amended to rezone all lands covered by Interim Control Bylaw No. 93- 192 from Business Park Zone (B-l) to Restricted Business Park Zone (B-2) with special use provision adding Asphalt Paving Plant and the manufacturing of organic chemicals, paints and varnish, soaps and detergents, and resins and coatings as prohibited uses and deleting Stamping, Blanking or Punch-Pressing of Metal as a prohibited use. (4) That Council request staff from the Department of Planning and Development and the Economic Development Division to undertake consultation with property owners and industrial businesses in the existing developed Business Park (B-l) zoned lands east of the Huron Natural Area with the objective of deleting the prohibited uses as outlined in Recommendation (3) from properties that could impact on the Huron Natural Area. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 2. (Cont'd) (5) That Council approve the Strasburg Creek Master Watershed Addendum (attached as Appendix C) and that Sections 2.0 to 5.0 of the Implementation Report for the Strasburg Creek Master Watershed Plan be amended accordingly. JUNE 5, 1995 COUNCIL MINUTES - 259- CITY OF KITCHENER COUNCIL MINUTES JUNE 5, 1995 - 259- CITY OF KITCHENER (6) (7) (8) (9) (10) REPORTS ADOPTED BY COUNCIL That Site Plan Approval Conditions for all lands within the Huron Business Park be amended to require the minimum asphalt paving of areas used for vehicle servicing/repair and vehicle storage particularly where such storage is associated with vehicles undergoing repair and for all loading/unloading areas and transfer areas. That the City's Guidelines Governing Landscape Plan Requirements be amended to address the issue of the spread of exotic plant species into woodlands and natural areas through consideration of the incorporation and application of the Region of Waterloo Policy, Plantin.q Alien Species In or Adjacent to Environmentally Sensitive Policy Areas EEAC-92- 11. That City Council request staff to prepare a report on the approach, costs and opportunities to undertake additional research and study within the Strasburg Creek Subwatershed, including the Huron Natural Area, on such matters as hydrogeology; ground water recharge/infiltration; groundwater flow and contaminant transport modelling; soil, vegetation and wildlife management plans; and natural area Master Planning. That the City Environmental Committee, in conjunction with the Huron Natural Area Steering Committee, establish a post development Long-term Monitoring Program for the Strasburg Creek Subwatershed. That the City Environmental Committee, in conjunction with the Environmental Study Group, implement an educational outreach/stewardship program covering both new and existing development within the Strasburg Creek Sub-watershed and in particular, those new and existing residential and industrial developments imparting on the Huron Natural Area. That under the authority granted to Municipalities in accordance to Section 50 (7.1) of The Planning Act, RSO, 1990 c.P. 13 as amended, the expiration time of the By-law exempting residential lots or blocks within a registered plan of subdivision from Part Lot Control be set at two years from the date of enactment of said By-law by City Council. 1) That Council recommend to the Regional Municipality of Waterloo that the following modifications to Official Plan Amendment No. 158 - Central Frederick Neighbourhood Secondary Plan be accepted: a) That those lands designated "Low Density Conservation - B" on the west side of Krug Street; both sides of Brubacher Street, Hohner Avenue, Chapel Street, Bingeman Street and Samuel Street; and the east side of Clarence Place be redesignated "Low Density Conservation - A" as shown on the attached Schedule A (Plan for Land Use), dated March 21, 1995; and b) That the lands on Mansion Street west of Edna Street designated "Community Institutional" be redesignated "Low Density Commercial Residential", also as shown on the attached Schedule A (POlan for Land Use), dated March 21, 1995. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 4. (Cont'd) It is the opinion of this Committee that approval of these Modifications to the Official Amendment is proper planning for the City. Plan COUNCIL MINUTES JUNE 5, 1995 - 260 - CITY OF KITCHENER COUNCIL MINUTES JUNE 5, 1995 - 260 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 2) That Zone Change Application 95/7/CF/CL (Central Frederick) proposing a change in zoning on lands generally bounded by Krug Street, Frederick Street, Lancaster Street and Simeon Street by applying special use provision 129U, be approved in the form shown in the 'Proposed By-law' attached dated April 13, 1995, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City. 3) That Zone Change Application 95/2/E/CL (Edna Street) proposing a change in zoning from Community Institutional (I-2) to Commercial Residential One Zone (CR-1) and Commercial Residential One Zone (CR-1) with special use proivision 199 on lands located on Mansion Street east of Edna Street be approved in the form shown on the 'Proposed By-law' attached dated April 18, 1995 without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City. COMMUNITY SERVICES COMMITTEE - That the implementation of the Asbestos Management program at the Kitchener Memorial Auditorium Complex be financed by delaying, by one (1) year, installation of dehumidifiers at Dom Cardillo Arena. 2. That the City of Kitchener host accredited events during the 1995 Oktoberfest; and further That subject to wording satisfactory to the City Solicitor, the City enter into an agreement with K-W Oktoberfest Inc. for the purpose of hosting Oktoberfest events. That the City enter into an agreement with the Canadian Albanian Association of Kitchener- Waterloo relative to the designation of burial spaces at Williamsburg Cemetery, in the form presented to the Community Services Committee on May 29, 1995; and further That the agreement become effective upon the Canadian Albanian Association of Kitchener- Waterloo receiving their letters patent. That the City enter into an agreement with the St. Peter's Lutheran Church with respect to designation of burial spaces for members of the Lutheran faith, in the form presented to the Community Services Committee of May 29, 1995. That the City enter into an agreement with Arthur and Evelyn Hewitt with respect to the usage of water from the City's well located at Williamsburg Cemetery, in the form presented to the Community Services Committee on May 29, 1995. That we approve an in-kind services grant for the Kitchener-Waterloo Garden Club, totalling $200.00, to assists with the costs of building services and printing for their exhibition to take place at the City Hall Rotunda on November 8, 9 & 10, 1995. That we approve the request of Vivian Berkeley for a travel grant, in the amount of $200.00, to assist with her attendance at the International Lawn Bowling Tournament in England from July 22 - 30, 1995. COMMUNITY SERVICES COMMITTEE - (CONT'D) 8. That no action be taken on the request of the Canadian Arts & Entertainment Association for a cash grant to assist with their start-up costs. COUNCIL MINUTES JUNE 5, 1995 - 261 - CITY OF KITCHENER COUNCIL MINUTES JUNE 5, 1995 - 261 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That the reconstruction of Breithaupt Street, from King Street to Waterloo Street, be deferred to 1996 and additional funds to undertake this project be appropriated through the capital budget process for 1996. 2. That Council approve the preferred Sanitary Servicing Scheme for the Pioneer Tower West Community, as presented at the public open house on April 25, 1995, and further, That the Schedule 'B' Class Environmental Assessment Study Report for the project be filed with the City Clerk for the mandatory 30 day public review period. (Dealt with under delegations and Carried) That repair strategy D-2, which includes the removal and replacement of Levels 4B, 5B and 6B in the Market Square Garage as outlined in DOPWR 95-9 dated March 1, 1995, be adopted with the work to commence in the 1996 construction season, and further, That improvements previously approved as part of the budget process, as well as the completion of the painting of all decks, the improvements to the stairwells and the installation of emergency alarms, be completed in 1995, and further, That Morrison Hershfield be contracted to perform a cursory inspection of Levels 4B, 5B and 6B in the fall of this year to ensure their structural integrity over the upcoming winter, and further, That Cambridge Leaseholds be approached to provide input with respect to our proposed short term and long term repair strategy for the Market Square Garage. LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE - 1. That the membership of the Local Architectural Conservation Advisory Committee be expanded by one member; and further That Mr. Martin De Groot be appointed to the Local Architectural Conservation Advisory Committee for a term to expire November 30, 1995. That, pursuant to Section 33 of the Ontario Heritaqe Act, we approve, in principle,the request of the owner to alter the designated property known municipally as 119 Arlington Boulevard (Woodland Cemetery) by repairing the Protestant Mausoleum as outlined in the engineering report prepared by Sze Straka Engineers Ltd., dated April, 1995, subject to the following conditions: (a) That a sample replacement stone shall be made available for inspection by the LACAC sub- committee and the Heritage Planner; (b) That a test panel showing a typical stone repair and patch job shall be made available for inspection by the LACAC sub-committee and the Heritage Planner; (c) That the make up of the mortar mix for the repointing of mortar joints shall be in accordance with the Ministry's "Annotated Master Specifications for the Cleaning and Repointing of Historic Masonry"; LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE - (CONT'D) JUNE 5, 1995 COUNCIL MINUTES - 262- CITY OF KITCHENER COUNCIL MINUTES JUNE5, 1995 - 262- CITY OF KITCHENER 2. (Cont'd) REPORTS ADOPTED BY COUNCIL (d) That the specifications for the design and appearance of the new metal cap flashing be brought to the LACAC sub-committee's attention for formal consideration at the July 14, 1995 LACAC meeting; and (e) That any changes to the scope of the repairs, as outlined in the Sze Straka report, be brought to the attention of the Heritage Planner to evaluate whether further consideration by LACAC is necessary. That, pursuant to Section 33 of the Ontario Heritaqe Act, we approve the request of the owner to alter the designated property know municipally as 181 Park Street by replacing the screen door that provides access to the upper balcony with a double hung window, as required by the City's Chief Building Official, and as outlined in the contractors specifications, dated May 11, 1995 and considered by the Local Architectural Conservation Advisory Committee on June 2, 1995. That a Designated Property Grant under the Preserving Ontario's Architecture Program for 50% of eligible costs to a maximum of $3,000.00 be approved, in principle, for 3734 King Street East, and the grant be used to fund the removal of existing shingles, the installation of tar paper and plywood on the roof deck before reshingling, the installation of roof vents and galvanized metal on the valley, installation of sawn cedar shingles, installation of flashing on the bottom of the chimney and the installation of facia and soffit using 1' pine boards, all on the fieldstone outbuilding but not to include the yellow brick addition, as outlined in the owner's application dated May 29, 1995; and further That this application be conditional upon the Province confirming its funding commitment, all reconstructed features being identical to existing originals and all receipts/invoices being submitted to the Clerk's Division by April 30, 1996. That, pursuant to Section 33 of the Ontario Heritaqe Act, we approve the request of the owner to alter the designated property known municipally as 3734 King Street East, as outlined in the owner's Designated Heritage Property Application, dated May 30, 1995, as considered by the Local Architectural Conservation Advisory Committee on June 2, 1995. That, pursuant to Section 33 of the Ontario Heritaqe Act, we approve, in principle, the request to alter the designated property municipally known as 1 King Street West (Walper Hotel) by erecting a sign on the main level of the King Street elevation of the building, to advertise "Reggies Deli Express", and That the sign shall replace the existing North American Trust sign and shall be located within the existing limits of the marquee, or suspended below the marquee, but not project beyond the sides of the marquee; and That the colour, design and location of the proposed sign shall be negotiated between the applicant and the LACAC sub-committee; and That any disagreements on the colour, size or location for the proposed sign shall be brought before the Local Architectural Conservation Advisory Committee at its meeting scheduled for Friday July 14, 1995; and That if the proposed sign is to be located below the marquee, the owner of the property shall agree that no other signs will be placed on the marquee; and further That the applicant shall obtain all other necessary approvals prior to erecting the proposed sign. JUNE 5, 1995 COUNCIL MINUTES - 263- CITY OF KITCHENER COUNCIL MINUTES JUNE5, 1995 - 263- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE - (CONT'D) That, pursuant to Section 33 of the Ontario Heritaqe Act, we approve, in principle, the request to alter the designated property municipally known as 1 King Street West (Walper Hotel) by erecting a sign on the main level of the King Street elevation of the building to advertise the "Walper Pub";and That the sign shall replace the existing "Bismark Pub" sign, shall be a projecting sign of a size not to exceed 1.21 m (4') by 1.82 m (6'), having external lighting; and That the colour, design, material and location of the proposed sign shall be negotiated between the applicant and the LACAC sub-committee; with any disagreement to be brought before the Local Architectural Conservation Advisory Committee at its meeting scheduled for Friday July 14, 1995; and further That the applicant shall obtain all other necessary approvals prior to erecting the proposed sign. COUNCIL MINUTES J U N E 5, 1995 -264 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS AS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Licences It was resolved: "That the Doon Pioneer Park Community Association, in Kitchener, be granted permission to operate a charitable refreshment stand, outdoors at the Doon Pioneer Park Community Centre, on June 17, 1995, provided that the necessary Licence and Health and Fire approvals are obtained." - and - "That the Stanley Park Community Association and the Kitchener Oktoberfest Lions be granted permission to operate a Refreshment Stand at their Fourth Annual Canada Day Celebrations at the Lyle Hallman Pool on July 1, 1995, provided that the necessary licences are obtained." - and - "That the Holy Spirit Festival and all activities connected therewith, to be held at the Kitchener Portuguese Club on June 17 &18, 1995, be considered a 'Community Festival' within Kitchener for the purposes of obtaining a liquor licence." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Rotary Club of Kitchener-Conestoga to conduct a Raffle Lottery in the City of Kitchener with the said draw to occur on January 27, 1996 at the location of the Dream Home on Chandos Drive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Kiwanis Club of Kitchener-Waterloo, to conduct a Monte Carlo event at the K-W Granite Club, 69 Agnes Street, Kitchener on July 21-23, 1995, inclusive." - and - "That the Manager of Licensing be authorized to issue an Ice Cream Vendor's Licence to Neil Cole as per his application dated May 26, 1995." Item (e) as listed on the agenda, being a request from the Waterloo Regional Synchronized Swimming Club for permission to conduct a Monte Carlo event was dealt with under delegations. 2. Encroachment Aqreement - FOREST WARD It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner(s) of Lot 11, Registered Plan 1475, municipally known as 51 Royal JUNE 5, 1995 COUNCIL MINUTES - 265- CITY OF KITCHENER COUNCIL MINUTES JUNE5, 1995 - 265- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES J U N E 5, 1995 -265 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 2. Encroachment Agreement - FOREST WARD (Cont'd) Orchard Place, to legalize the encroachment of the existing house which extends .025 metres, more or less, at the southeast corner, onto an easement registered as Instrument No. 678054." 3. Appointments - Dangerous Dog Appeal Committee The Committee considered two applications for appointment to the Dangerous Dog Appeal Committee. It was resolved: "That Dr. Gary Goer~e be appointed as a member representing veterinarians on the Dangerous Dog Appeal Committee and Dr. Mary Richardson be appointed as Dr. Goer~e's alternate representative on the Dangerous Dog Appeal Committee; both appointments being for a term to expire November 30, 1995." In response to questions raised from the Committee, Pasternak, Associate Solicitor, was dealing with dog Humane Society. Mr. J. Shivas advised that Ms. L. complaints, prosecutions and the 4. Committee of Adjustment - Variance (Fence) - BRIDGEPORT NORTH WARD It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of May 24, 1995, recommending approval of Submission No. F 2/95 - Beatrice Foods Inc. - Be Ratified and Confirmed." 5. Committee of Adjustment - Variance (Sign) - VICTORIA PARK WARD Submission No. S 9/95 - Apple Stylist Ltd., was dealt with under delegations. 6. Sale of Tickets The Committee was advised by memorandum from the Manager of Licensing of a request that has been received to sell raffle tickets and advertise an event in Kitchener for a draw to be held in Windsor. It was resolved: "That the City of Kitchener has no objection to Brentwood Recovery Home, 2335 Dougall Avenue, Windsor, selling their raffle tickets and advertising their event for their draw to be held in Windsor." JUNE 5, 1995 COUNCIL MINUTES - 266- CITY OF KITCHENER COUNCIL MINUTES JUNE 5, 1995 - 266- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Hydro Easements - CENTRE WARD It was resolved: "That the City of Kitchener accepts the offer from Frank Pongratz for $500.00 to transfer an Easement in perpetuity over part of his property known as 56 Weber Street West, Kitchener to the Hydro-Electric Commission of Kitchener-Wilmot; and further that the City of Kitchener accepts the offer from the Waterloo Region Roman Catholic Separate School Board for $1.00 to transfer an easement in perpetuity over part of the property known as St. Mary's Roman Catholic Secondary School to the Hydro-Electric Commission of Kitchener-Wilmot; and COUNCIL MINUTES J U N E 5, 1995 -266 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 7. Hydro Easements - CENTRE WARD - (Cont'd) That the Mayor and Clerk are hereby authorized to execute all necessary documentation as required by the City Solicitor."