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HomeMy WebLinkAboutCouncil Minutes - 1995-08-21COUNCIL\1995-08-21 AUGUST 21, 1995 COUNCIL MINUTES CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by Ms. Nettie Mclnnes, who was introduced by Councillor K. Redman. The agenda made reference to an amendment to the last clause of Item B.2 of the July 4th Committee of the Whole minutes to change "206 Duke Stret East" to read "260 Duke Street East". On motion by Councillor K. Redman, the minutes of the regular meeting held July 4, 1995, as amended to reflect the above correction and the special meetings held July 4 and August 14, 1995, as mailed to the Mayor and Councillors, were accepted. A. Communication Referred Directly to File (a) Letter from Sheila Copps, Deputy Prime Minister, responding to City Council's resolution dated May 8, 1995, regarding the reduction in service of the Waterloo District Weather Office. B. Communication Referred to Committee Of The Whole (a) Letter dated August 16, 1995, from R.W. Pritchard, Commissioner of General Services & City Clerk, relative to applications for cancellation, refund, reduction or levy of taxes. Mr. Paul Lawson, Lawson Sign, was registered as a delegation this date concerning enforcement of the City's Sign By-law but was not in attendance. Dr. Terry Polevoy, 105 University Avenue East, Waterloo, appeared in opposition to smoking in restaurants and bars, and to the recommendations of the Regional Tobacco By-law Review Committee to be considered by Council later this date. Dr. Polevoy circulated material relative to smoking bans in restaurants. He pointed out that there is no smoke free dining available in Kitchener and that government has been remiss in protecting underage workers in restaurants from the hazards of second hand smoke. He also suggested that revenues from meetings and conventions held in the City would increase if smoke free meeting and hotel rooms were available. Dr. Polevoy asked that Council take action to defeat the recommendation of the Regional Tobacco By-law Review Committee on the basis that local facilities should be 100% rather than 50% smoke free. Councillor M. Wagner inquired whether Dr. Polevoy was familiar with the findings of the Review Committee and he replied in the affirmative, noting that in his opinion the recommendations are not strong enough. Councillor Wagner explained that the Review Committee felt that a 50% smoke free environment is more palatable to the general public at this time as opposed to an outright smoking ban. Ms. Theresa Schumilas and Ms. Louise Walker appeared on behalf of the Regional Tobacco By-law Review Committee and circulated the draft of a proposed Region-wide by-law to prohibit and regulate smoking in public and privately owned facilities. Ms. Schumilas thanked Kitchener for taking the lead in this area and referred to a list of groups represented on the Review Committee, including representatives of the hotel and restaurant industry. She outlined various provisions of the draft by-law which would have the effect of limiting the number of seats and the areas where smoking is permitted. In this regard, Ms. Schumilas advised that seating and areas for smokers would be limited to 75% in bars, 75% for public and private facilities which are rented for a function or event, 75% in bingo halls and other places of amusement, and 50% in eating establishments. Ms. Schumilas advised that the Review Committee is recommending that the Tobacco Control By-law be Region-wide, provided there is a majority agreement by the municipalities in the Region. If, however, the by-law is not enacted on a Regional basis, the text can be used to update Kitchener's own by-law. In closing, Ms. Schumilas thanked Councillors M. Wagner and J. Ziegler for representing Council on the Review Committee. Councillor M. Wagner put forward a motion that the City support the recommendation of the Regional Tobacco By-law Review Committee that smoking legislation be enacted at the Regional level. Councillor Wagner also pointed out that the Review Committee recommendation has been endorsed by the Twin City Committee. COUNCIL MINUTES AUGUST 91, 1995 - 318- CITY OF KITCHENER Following a suggestion by Councillor J. Ziegler that further discussion of the Review Committee recommendation take place at the Standing Committee level, Councillor M. Wagner withdrew his previous motion. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner "That consideration of the recommendations and draft by-law of the Regional Tobacco By-law Review Committee be deferred and referred to the September 18, 1995 meeting of the Finance and Administration Committee." Councillor M. Yantzi indicated that he supports the initiative and inquired as to the reaction from the restaurant industry and any physical adjustments which may be required to conform to the by-law. Ms. Schumilas replied that all non-smoking seats must be grouped together and that new ventilation would not be required for existing facilities, but only for new construction. She noted that the industry was mainly concerned that all restaurants operate under the same requirements. In response to a question from Councillor K. Redman, Ms. Schumilas advised that there are plans to review the proposed by-law in future, as well as to look at the issue of workplace smoking. Councillor Redman asked what the impact would be if the City of Kitchener were to introduce more stringent legislation and Ms. Schumilas replied that she was uncertain as this would be a legal question. Councillor Redman asked that a legal opinion be provided by the September 18, 1995 Finance and Administration Committee meeting. Councillor G. Lorentz indicated his concern over the problem of all age bars where minors may be allowed entry even though they cannot be served liquor. He also noted his concern over how by-law changes suggested by area municipalities would be communicated. Ms. Schumilas replied that the all age facilities referred to by Councillor Lorentz would be defined in the by-law as "eating establishments" and that any discussion of proposed amendments to the draft by-law could be dealt with by Regional Council. Councillor M. Wagner suggested that any motion to adopt a Tobacco By-law should include the provision for a review one year after implementation. Mayor Richard D. Christy invited Ms. Schumilas and Ms. Walker to attend the Committee debate on September 18, 1995. The previous deferral motion, moved by Councillor J. Ziegler and seconded by Councillor M. Wagner, was then voted on and Carried. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation to answer any questions regarding the tenders listed on the Committee of the Whole agenda this date. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That tender T95-4, Slurry Seal Resurfacing, be awarded to Miller Paving Limited, Markham, Ontario at their tendered price of $99,146.20, which includes G.S.T." - and - "That tender T95-19, Kitchener Memorial Auditorium Kinsmen and Kiwanis Arenas - Air Conditioning Upgrade, be awarded to Conestogo Mechanical Inc., Kitchener, at their tendered price of $237,800., less deductions of $30,100., all taxes included." - and - "That tender T95-48, Asbestos Removal, be awarded to Reitzel Brothers Asbestos Removal Limited, Breslau, Ontario at their tendered price of $64,730., plus G.S.T." - and - "That tender T95-60, Gas Pipeline Construction, be awarded to Cliffside Utility Contractors, Scarborough, Ontario at their tendered price of $1,289,946.85 (all taxes included)." Councillor J. Ziegler inquired as to why the City had received only 2 bidders relative to T95-4 (Slurry Seal Resurfacing), and Mr. Gordon replied that in recent years the number of active bidders has decreased from 5 to 2. Councillor Jake Smola asked for an indication of the City facilities which would be impacted by T95-48 (Asbestos Removal) and Mr. Gordon agreed to provide this information. AUGUST ~1, 1995 COUNCIL MINUTES -319- CITY OF KITCHENER The previous motion by Councillor G. Lorentz, seconded by Councillor J. Ziegler, to adopt the tenders on the Committee of the Whole agenda of this date, was voted on and Carried. K.J. Weinberger, Pioneer Park Baptist Church, registered as a delegation this date concerning a temporary sign application (S 10/95 - James Reslem/Barbara Whitely) previously refused by Council on July 4, 1995 but was not in attendance this date. Mr. Clare Keller appeared in support of the July 4, 1995 decision to refuse Sign Application S 10/95. Mr. Keller advised that he owns property across from the proposed sign location and does not feel that it is appropriate to advertise a new Church 2 to 3 blocks from the actual site. Councillor T. Galloway indicated that he supported the refusal, noting that the City has already taken steps to control billboard and mobile signs and that the property which would be used for the third party sign is currently in the process of rezoning for townhouse development. Ms. Vanessa Jacobs, Events Co-ordinator, Kitchener Downtown Business Association, was in attendance and presented sketches of the wall mural proposed for the south face of the Duke/Ontario Parking Garage, as referenced in Clause #4 on the Planning and Economic Development Committee report of this date. Ms. Jacobs referred to the renderings circulated this date, noting that there are 2 fully sponsored murals and asked that these renderings be held in confidence until a later date. Mayor R. Christy questioned whether there was funding in place to maintain the murals and whether there was a reserve fund in the event repairs to the south wall of the parking garage are required, and Ms. Jacobs replied to both questions in the affirmative. Councillor Jake Smola inquired as to the issue of liability insurance and Mr. J. Shivas advised that the mural association is responsible in this regard. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That Clause #4 of the Planning and Economic Development Committee report of this date be adopted." Carried. Mr. Russell Lavoie, Chair, Ms. Rosemary Pell, 1st Vice-Chair and Mr. David Smith General Manager, appeared on behalf of Project Lift Inc. concerning a 1995 funding shortfall resulting from Provincial cutbacks. Mr. Lavoie explained that recent action by the Province of Ontario has resulted in a reduction in the operating subsidy for special transit services. He outlined events surrounding confirmation by the Ministry of Transportation that the 1995 subsidy of Project Lift would be decreased by 7% or approximately $90,000.00, which translates into an annual reduction in the Operating Budget of 5%. Mr. Lavoie added that given the fact that the reduction must be accommodated in the last 4 months of the year, the impact is actually a 30% reduction. Mr. Lavoie explained that the delegation is in attendance to advise Council of the impact and the potential effect such a reduction could have on service levels. He also asked that the shortfall be funded for the remainder of 1995 in order to maintain service levels and allow Project Lift an opportunity to determine how such a reduction could be handled in 1996. Mr. Lavoie offered the opinion that Project Lift is a service which requires priority. He also noted that he expects that the Provincial eligibility criteria for special transit will be tightened and thereby reduce ridership. He suggested that, without the requested subsidy in 1995, approximately 13,000 rides would be lost during the last 4 months of the year, as this would be the adjustment required to stay on budget. In response to a question from Councillor T. Galloway concerning the 1996 impact, Mr. Lavoie advised that any tightening of eligibility criteria would likely reduce service demand, and combined with the alternate use of the City's Iow floor bus fleet, could reduce budget requirements. He added that Project Lift would be in a better position to respond once the Province has released its September Financial Statement. Mayor R. Christy asked that this item be referred to the Finance and Administration Committee once Project Lift is aware of the specifics of the September Financial Statement. Mr. David Smith advised that Kitchener's portion of the 1995 reduction would be $61,815.00 and the amount allocated to Waterloo would be $25,206.00. Mr. Smith asked that Kitchener provide interim funding for 1995 in order to maintain the current service level. In response to a question from Councillor John Smola, Mr. J. Gazzola advised that any additional 1995 AUGUST 91, 1995 COUNCIL MINUTES - 390- CITY OF KITCHENER subsidy would likely have to come from the anticipated year-end surplus. Councillor G. Lorentz asked whether Kitchener residents would be guaranteed rides in the event the City allocated additional operating funds in 1995, but the City of Waterloo did not. Mr. D. Smith replied that this could conceivably be done as Project Lift knows where rides originate. Councillor John Smola put forward operating subsidy for Project Lift by of the funding reduction allocated to a motion, seconded by Councillor J. Ziegler, to increase the 1995 $61,815.00, provided the City of Waterloo funds 100% of the amount them. Councillor John Smola argued that interim financing of the reduction would allow Project Lift to develop a plan to deal with the cutbacks in 1996. Councillor J. Ziegler noted that it is important to support the disabled in the community and that Project Lift should be given support similar to that recently extended to Kitchener Transit. However, he wished it made clear that, in supporting this motion, it should not be construed that he will support any corresponding increase in the 1996 budget. Councillor T. Galloway advised that he cannot support the motion as it is sending out the wrong message. He noted that, though the size of the funding reduction seems unfair, the City cannot compensate for all reductions in Provincial subsidy in this or other areas of the community. Councillor Galloway also suggested that the Province may construe any action by the municipality to compensate for the reduction as a willingness to offset future reductions. Councillor G. Lorentz indicated that he supports the motion on the basis that it is not setting a precedent and that the cuts affect people who are not in a position to protect themselves. He also suggested that it is inappropriate to tie the City of Kitchener's response to that of the City of Waterloo, as it is Waterloo's right to act as they see fit in this matter. Councillor John Smola amended his previous motion to remove the proviso that an additional 1995 subsidy would be conditional upon similar approval by the City of Waterloo. Councillor K. Redman asked that Mr. Gazzola ensure that the amount of any increased subsidy be flagged to ensure that it does not automatically become part of the 1996 base budget. Councillor J. Ziegler stated that there remains a need for parallel transit; however, the criteria for use must be changed, and that the City may not be able to maintain its current level of funding in 1996. The previous motion by Councillor John Smola was then voted on, as amended. Moved by Councillor John Smola Seconded by Councillor J. Ziegler "That the sum of $61,815.00 be approved for Project Lift Inc. as an additional 1995 operating subsidy to offset the City of Kitchener's portion of the funding reduction recently announced by the Province of Ontario." Carried. Mr. Robert Black, R.B.A. Planning Consultants Ltd., appeared in support of Clause #12 of the Planning and Economic Development Committee report of this date (Zone Change and Subdivision Applications - Hearthwood Developments Limited). Mr. Black spoke to concerns raised in a letter from Mr. P. Britton dated August 8, 1995 concerning the exclusion of the Biehn Drive extension in draft plan of subdivision 30T-87033. He further noted that several staff revisions to Clause #12 were referred to Council this date for consideration. Mr. Black added that it was made clear by Mr. Britton that, without the Biehn Drive extension, development of his client's lands would be jeopardized, and that an objection to the subdivision plan would likely be filed with the Ontario Municipal Board. Mr. Black offered the opinion that such action would be unnecessary and outlined the background of the subdivision plan. He noted that the plan has had 7 circulations and numerous revisions and that the Biehn Drive extension has always been an issue and has been presented to the public. He also referred to Council's previous adoption of the Community and Municipal Plans in April and May of 1994, respectively, which include the Biehn Drive extension. Mr. Black also pointed out that the Grand River Conservation Authority (GRCA) will support inclusion of the Biehn Drive extension as part of their draft approval, and in this regard, referred to a letter from the Authority dated August 16, 1995. He advised that Hearthwood Developments would also provide the necessary report addendums in this regard. Mr. Black argued that, had there been no intention to extend Biehn Drive, it would not have appeared in the Municipal Plan. He asked that Council support the changes to Clause #12 as put forward by City staff and enact the corresponding by-law. Councillor T. Galloway questioned why exclusion of the Biehn Drive extension had not come to Hearthwood's attention before the developer of adjacent lands became involved. Mr. Black replied that AUGUST 21, 1995 COUNCIL MINUTES - 321- CITY OF KITCHENER the extension is not required at this time to develop his client's lands in accordance with the draft subdivision plan. Councillor Galloway further questioned why it was necessary to include the extension in Phase 1 of the plan and Mr. Black replied that it implements both the City's Community and Municipal Plans and will prevent an objection to the Ontario Municipal Board which would result in costly delays. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson Planning Limited, appeared on behalf of Hallman Brierdale Limited and advised that the issue is the design relationship between Phase 1 of the Hearthwood lands and the potential future impact on access to the Hallman Brierdale lands and subsequent stages of the Hearthwood development. He stated that he is looking for certainty as to the Biehn Drive extension in light of possible changes in Provincial policy. He pointed out that, if not included at this time, the Hallman lands could be denied collector road access. He further pointed out that the McCormick, Rankin study had established the inclusion of Biehn Drive, and the extension was subsequently incorporated through approval of the Municipal Plan. Mr. Britton also pointed out that the City's Traffic staff have cautioned that approval of a road plan for portions of lands can result in efficient and improper traffic patterns and that this could occur if Biehn Drive is not addressed at this time. He suggested that ample public notice and debate has taken place concerning the extension and asked Council to implement the provisions of previous plans and studies. Councillor T. Galloway questioned how the Hallman lands would be affected by Bill 163 and Mr. Britton replied that plans of subdivision prior to the Spring 1995 would be grandfathered under the new Planning Act. He also pointed out that his client is willing to convey the lands for a missing link from Biehn Drive and has submitted an undertaking in this regard. Councillor Galloway questioned why the grandfathering provision would not be sufficient for the Hearthwood lands and Mr. Britton replied that the draft plan, as submitted, showed the Biehn Drive extension and that by subsequently deleting it, the new draft plan would not be grandfathered. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That Clause #12 of the Planning and Economic Development Committee report of this date, including the proposed revised conditions for Sections 51, 55, 56, 68 and 71, be adopted." Councillor T. Galloway offered the opinion that the Biehn Drive extension constitutes poor planning and does not properly address environmental concerns. He also indicated his concern with the approval process, as residents who have been circulated on 7 previous occasions and who continue to oppose the extension are not aware of the proposal before Council this date. He specifically stated that Section 71 is not in the hands of the residents. Mr. T. McCabe replied that the Department report had been circulated to residents based on the applicants agreeing to defer study to a future date and that draft approval is required to proceed with detailed engineering. He advised that the Biehn Drive extension is not required for Phase 1 of the Hearthwood development and that the revised conditions put forward at the Planning and Economic Development Committee reflected the request of Hearthwood Developments and not the wishes of staff. He stated that Planning is still satisfied with the report, as written for Phase 1, but acknowledged concerns over future uncertainty involving Biehn Drive. Mr. McCabe stated that his Department has no problem with the Biehn Drive extension being included in Phase 1 if all of the appropriate studies are completed. Councillor M. Yantzi stressed that what is proposed is not a last minute change and that the extension has been debated at length. The previous motion by Councillor C. Weylie, seconded by Councillor M. Yantzi, to adopt Clause #12 of the report, as amended, was voted on and Carried. Ms. Kathi Smith appeared in her capacity as the Chair of the Clock Tower Fundraising Committee to provide Council with an update on the restoration project. She advised that fundraising is still underway and that approximately $108,000.00 has been collected to date in cash, gifts in-kind and pledges. She challenged all members of Council to match the $100.00 contributions made by several members to date and indicated that she will make a second donation of $100.00 if all members of Council contribute. A similar challenge was also extended to senior staff. Ms. Smith also advised that she was not sure of the final target amount, but that it would likely be lower than initially anticipated. She advised that a financial statement would be available in September. Mr. Ron Pinke appeared concerning a request for approval of a lighting plan for Victoria Park and a loan to implement the plan, which involves Christmas light displays. Mr. Pinke thanked staff members who had assisted his Project Committee to date and referred to a written overview, which was previously circulated. Mr. Pinke advised that Phase 1 of the project would be completed by the end of 1995 and involve approximately 60,000 lights. He referred to total project costs of approximately $400,000.00 and AUGUST 21, 1995 COUNCIL MINUTES - 322- CITY OF KITCHENER requested a $200,000.00 loan from the City, a $150,000.00 of which would be for immediate electrical upgrades, $35,000.00 for purchase of light products, hydro and miscellaneous expenses, as well as a $15,000.00 contingency fund. Mr. Pinke agreed to pay back the loan at the rate of $20,000.00 a year over a 10 year period. In response to a question from Mayor R. Christy, Mr. Pinke pointed out that the project is supported by a number of area service clubs, and read a list of some of the participants. He stated that each will donate $2,000.00 a year and that, at present, 11 clubs are participating. He stated that he was willing to obtain letters of commitment from the clubs by September of this year. Councillor J. Ziegler proposed a $25,000.00 a year repayment over an 8 year period and Mr. Pinke questioned whether the service clubs could increase their commitment or if the number of clubs participating could be expanded. He noted that if there is a contribution surplus in any given year it will be applied to the outstanding amount owed to the City and thereby shorten the repayment schedule. Councillor Ziegler also questioned whether the $35,000.00 and $15,000.00 amounts previously referred to by Mr. Pinke could be combined into a single $25,000.00 contingency. Mr. Pinke replied that $35,000.00 is the minimum acceptable allocation for these expenses. Councillor K. Redman questioned whether Mr. Pinke had considered the option of the City providing a grant in-kind and he replied that he would be amenable to such an arrangement, and that the submission made this date is based on perceived hard costs. In response to further questions, Mr. Pinke advised that a Christmas light display in Waterloo Park drew approximately 30,000 visitors in its first year and that the display plan by Kitchener is 9 times the size of Waterloo. Councillor John Smola asked Mr. J. Gazzola to comment on financing of the proposed loan. He replied that Council will have to decide where the money will come from and that he is aware of 6 alternatives. Mr. T. McKay suggested that the loan could be set up as an accounts receivable similar to financing of the Twin Ice Pads and added that Mr. Gazzola prefers to charge the loan against this years Capital Contingency. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Council accede to the request for a $200,000.00 interest free loan with repayment over a 10 year period for the purpose of implementing a lighting plan for Victoria Park which would provide for Christmas light displays, as outlined by Mr. Ron Pinke in a presentation to City Council on August 21, 1995, and further, That City staff determine the details of financing and repayment." Councillor G. Lorentz offered the opinion that Council should encourage and support the concept of service clubs banding together to complete large civic projects and referred to the City's previous experience with projects such as the Twin Ice Pads and the Lyle Hallman Pool. Councillor Jake Smola suggested that the loan be debted from the Downtown Revitalization Account and Mr. J. Gazzola questioned whether this could legitimately be attributed to Downtown revitalization. He also reminded Council that, at present, they have approximately $14,000,000.00 of unfunded capital outlay. Councillor Jake Smola asked that the Downtown Account be considered as an option. The previous motion by Councillor G. Lorentz, seconded by Councillor B. Vrbanovic, acceding to the request for a $200,000.00 interest free loan was voted on and Carried. Mr. J. Gazzola indicated that it would be his recommendation that financing come from the Capital Contingency. He also suggested that funds should be routinely set aside for this type of community loan. Mr. Phillip Sanford, McCarthy, Tetrault - Barristers, Toronto, appeared in support of Clause #9 of the Planning and Economic Development Committee report of this date, dealing with a Zone Change Application 95/19/K/JG by (Imperial Oil/Jim MacPherson). Mr. Sanford advised that he is representing Leon's Furniture which would be affected by the Zone Change. He also complemented the City on the professional and business like manner of the Planning staff who have dealt with the applicant. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That Clause #9 of the Planning and Economic Development Committee report of this date be adopted." AUGUST 21, 1995 COUNCIL MINUTES - 323- CITY OF KITCHENER 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." Voted on clause by clause. Clause #4 & #9 - Dealt with under delegations and Carried. Clause #12 - Dealt with under delegations and Carried, As Amended. Balance of Report - Carried. Moved by Councillor K. Redman Seconded by Councillor G. Lorentz "That the report of the Community Services Committee of this date be adopted." Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That Clause #1 of the Community Services Committee report of this date be amended to remove the following wording from Section 3: 'it may be necessary at some point to make this a budgeted item. When necessary,', and further, That Clause #2 be amended to insert the words 'voluntary or incentive' in subsection 5, prior to the words 'contribution towards public art'." Carried. Councillor G. Lorentz indicated that he does not support Clause #7 dealing with the use of the Registry Building by the Curling Hall of Fame, on the basis that the proposal is too costly and that there are a number of unanswered questions. He pointed out that, to date, the City has not received a business plan and that he has serious concerns with the project. Councillor John Smola also indicated his concern, noting that the recommendation applies pre-approval of funding. Councillor Smola also indicated that he does not fully understand the rent-free arrangement and asked that the entire matter be referred to the budget process. Councillor M. Wagner replied that the clause references leasehold improvements which the City, as the owner, would have to make irregardless of the tenant. He also pointed out that the loan request and the amount needed to upgrade the building are separate items, the latter of which has nothing to do with the Curling Hall of Fame. Moved by Councillor M. Wagner Seconded by Councillor J. Ziegler "That the allocation for upgrades to the Registry Building, as outlined in Clause #7 of the Community Services report of this date, be referred to the 1996 budget process." Carried. Mr. J. Gazzola clarified that of the $273,000.00 required for renovations, $108,000.00 would constitute the City's portion and the remaining $165,000.00 would be allocated to the Curling Hall of Fame, with $15,000.00 of this amount to be contributed by the Hall of Fame and the remaining $150,000.00 through a City loan. Mr. Gazzola suggested that the $150,000.00 loan should be part of the amount attributed to the building upgrade. Councillor M. Wagner argued that this money would be spent in upgrading a City- owned building and that, in addition, $250,000.00 would be spent by the Curling group. Councillor K. Redman indicated her interest in seeing a business plan and a schedule for repayment of the entire amount, as well as other additional information. Councillor M. Wagner indicated his willingness to put forward a motion to approve the balance of Clause #7 subject to receipt of an improved business plan. Moved by Councillor J. Ziegler AUGUST 91, 1995 COUNCIL MINUTES - 394 - CITY OF KITCHENER Seconded by Councillor K. Redman "That the balance of Clause #7 of the Community Services Committee report of this date be referred to the 1996 budget process." Carried. Councillor T. Galloway expressed concern over Clause #20 of the report relative to creation of the Division of Fire Communications and questioned whether Council could expect a request for a supervisor position in future. Fire Chief J. Hancock replied that, at this point, the need for a supervisor is not anticipated and that the Fire Department hopes to stay within the budget limits. The report of the Community Services Committee was then voted on clause by clause. Clauses #1 & #2 - Carried, As Amended. Clause #7 - Action deferred and referred to the 1996 budget deliberations. Clause #14 - Carried. Balance of Report - Carried. Recorded conflicts and abstentions: Clause #14 - Councillor T. Galloway, as he is employed by the Kitchener Rangers Hockey Club. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner "That the report of the Finance and Administration Committee of this date be adopted." In reference to Clause #3 of the report concerning approval of Option B relative to the formation of a Downtown Action Team, Councillor Jake Smola questioned the need for a full time secretarial position. He suggested that 2 part-time positions be considered, 1 for the Action Team and the other for the Mayor's Office, and that there would be no additional cost for this arrangement. Councillor T. Galloway indicated his concern over Clause #3 concerning formation of the Downtown Action Team and his opposition to Clause #4 which would have the effect of locating the Team in the Council wing of City Hall. Councillor Galloway advised that, with regard to Option B, he takes exception to the presumption that Council has already approved new expenditures; namely, a part-time administrative assistant and the proposed renovations to the working area of the Mayor/Council administrative staff. Mr. T. McKay replied that, at the first roundtable discussion of Council, a request was made for a full-time staff member and that staff recommended a part-time position using existing budget funds. He also advised that the Mayor was given the authority to look at renovations, and that in the absence of specific costs, Council agreed in principle to the changes. Councillor Galloway acknowledged that discussion had taken place but suggested that no decision had been made by Council. Councillor T. Galloway also expressed concerns over the reporting relationship involving the Mayor's Office and the Downtown Action Team, as outlined in Option B. He suggested that, at present, it is unclear who the Action Team would report to and indicated that he has a problem with staff reporting to elected officials. He suggested that this has the appearance of promoting political staff, even though the Team is intended to function within a limited mandate and for a finite period of time. Councillor Galloway suggested that the Mayor is not apart from Council, but is a member and Head of Council and that overseeing the Team should be a staff function. Councillor T. Galloway also expressed concerns over the location of the Team in the Council wing and indicated that there should be a separation between the political and administrative environment. He suggested that housing the Action Team in the Economic Development Department should be investigated. He also questioned spending money on renovations for a Team which has a 2 year mandate. AUGUST 21, 1995 COUNCIL MINUTES - 325- CITY OF KITCHENER Mr. T. McKay responded that the reporting relationship had been debated at length by the Finance and Administration Committee and that the role of the Downtown Director had been clarified to indicate responsibility for co-ordinating and supervising the work of the Team. He pointed out that the Downtown initiative is a high profile one, originating from the Mayor's Office, and that, in all likelihood, inquiries would be received by the Mayor and passed on to the Team. Mr. McKay pointed out that the Team location relates to its profile and that the Committee felt that both this and the close working relationship with the Mayor warranted a closer physical location. Councillor M. Yantzi suggested that the Mayor's Office adds credibility to inquiries made regarding the Downtown; however, he noted that either the Council wing or the Economic Development Department location could suffice. He also suggested that Ms. S. Frenette be asked to comment on the issue of administrative support. Councillor Jake Smola spoke in support of locating the Team in the Economic Development Department on the basis that they have a boardroom which could provide the necessary office space with no renovation costs. He argued that the Downtown Action Team would perform a function similar to Economic Development only with a Downtown focus, and that Economic Development already has the necessary administrative support staff. Councillor Smola further inquired as to the budget estimate for carpet and Mr. R.W. Pritchard advised that the charge relates to installation alone as the City previously purchased surplus carpet. Councillor Jake Smola suggested that the carpet should be accurately costed along with the renovations at $19.00 a square yard plus installation. He also questioned the general accuracy of the budget estimate for renovations involving the Council wing and indicated that he could not support these in light of the no cost option in Economic Development. Mayor R. Christy noted that, at the roundtable discussion, some members of Council supported changes to the Council wing as it relates to the Mayor's Office support staff. He suggested that, if the Downtown Action Team is to draw new business to the Downtown, it must be removed from the City's Department structure to emphasize that its mandate is new and distinct from other City Departments. In this regard, he referred to the recent decision by the Cora Group to purchase the Prudential Building and convert a portion to condominiums. Mayor Christy further clarified that the purpose of the reporting structure is not to have the Mayor act as the Team co-ordinator, as individual members were selected on the basis of their self-motivation, but to ensure communication with the Mayor. Councillor Jake Smola replied that he agreed with this concept but felt it would fit better within the Economic Development Department location. A recorded vote was requested on clauses 3 and 4. Mayor R. Christy stated that Council had previously directed senior staff to investigate the possibility of locating the Action Team in Economic Development and that no individual member of Council had been given this direction. Also, there is a need to continue the momentum of the Downtown Task Force outside of the City Department structure. Mayor Christy cautioned that combining the Economic Development and Downtown Action Team functions will make it difficult to separate their respective roles and responsibilities. Councillor G. Lorentz indicated that he originally had the same concerns as Councillor Galloway, but has since changed his view, and noted that the Mayor has the right to speak to any staff and give direction. Councillor Lorentz, however, noted that he still has concerns over locating the Action Team in the Council wing. He felt that mixing the political and staff functions would infringe on the environment of the elected officials. Mayor R. Christy responded that the Action Team is being provided with office space in order to speak with clients, and that it is expected the majority of their time would be spent outside of the office responding to inquiries. Councillor K. Redman indicated that she has no problem with the location in the Mayor's Office, for the present, and acknowledged the need to continue the Task Force momentum and not delay implementation of the Action Team initiative. She also suggested that the administrative support person for the Team should, perhaps, be more of a technician and suggested that the Action Team be asked to comment on the issue of support staff. Councillor T. Galloway clarified that Option B appeals to him; however, the renovation and staffing issues are not related entirely to the Downtown Action Team. He stated that he supports the renovations in the Council wing which are not directly related to the Action Team, as well as increased clerical assistance for the Mayor's Office. He advised that he supports the latter for different reasons than the Mayor and does not feel that the work given to clerical staff by individual members of Council has increased significantly. Councillor Galloway pointed to increased activity in the Mayor's Office as the principle reason for the increase in workload. He suggested that the layout required for secretarial staff in the Council wing differs from that required by the Downtown Action Team and that this should be kept in mind when designing the area as the Action Team only has a 2 year mandate. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner COUNCIL MINUTES AUGUST 21, 1995 - 326- CITY OF KITCHENER "That Clause #3 of the Finance and Administration Committee report of this date be adopted." In Favour: Mayor R. Christy, Councillors John Smola, G. Lorentz, K. Redman, B. Vrbanovic, T. Galloway, C. Weylie, M. Yantzi, J. Ziegler and M. Wagner. Contra: Councillor Jake Smola. Carried. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner "That Clause #4 of the Finance and Administration Committee report of this date be adopted." In Favour: Mayor R. Christy, Councillors John Smola, K. Redman, C. Weylie and M. Yantzi. Contra: Councillors Jake Smola, G. Lorentz, B. Vrbanovic, T. Galloway, J. Ziegler and M. Wagner. Motion Lost. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Wagner "That the Downtown Action Team be located in the Economic Development Department." A recorded vote was requested. In Favour: Councillors G. Lorentz, B. Vrbanovic, T. Galloway, J. Ziegler, M. Wagner and Jake Smola. Contra: Mayor R. Christy, Councillors K. Redman, John Smola, C. Weylie and M. Yantzi. Carried. Council then dealt with the balance of the Finance and Administration Committee report. Voted on clause by clause. Clauses #2 & #8 - Carried. Clause #3 - Carried on a recorded vote. Clause #4 - Lost on a recorded vote. Balance of Report - Carried. Councillor M. Wagner suggested that, with respect to Clause #8, the use of flag poles at City facilities by Oktoberfest should be investigated and he suggested that both he and Councillor Lorentz could take this to the appropriate Standing Committee. Councillor J. Ziegler pointed out that the renovations affecting the Mayor's Office support staff is a separate consideration from location of the Downtown Action Team and he suggested that this item be referred to the 1996 budget process. Mr. T. McKay replied that funds are available in 1995 for the renovations and he estimated the cost of these to be between $22,000.00 and $25,000.00. Moved by Councillor M. Yantzi AUGUST 91, 1995 COUNCIL MINUTES - 397- CITY OF KITCHENER Seconded by Councillor J. Ziegler "That Council approve proposed renovations to the Council wing of City Hall involving the work area of the Mayor/Council support staff at a cost of approximately $23,000.00, and further, That 50% of the cost be charged to the Facilities Management Capital Budget for City Hall and the remaining 50% charged to the 1995 Capital Surplus." Councillor Jake Smola inquired into details of the renovations and Mr. R.W. Pritchard replied that they would involve a glass wall and changes to millwork for support staff. The motion by Councillor M. Yantzi, seconded by Councillor J. Ziegler, to approve renovations to the Council wing was voted on and 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." Councillor Jake Smola questioned whether the proposed upgrades to the Market Garage, referenced in Clause #1, would preclude any future decision to remove the facility. Councillor G. Lorentz pointed out that the renovations are short term and considered necessary to keep the building operating. Councillor J. Ziegler pointed out that the over-expenditure referred to in Clause #7 should read $2,500.00 rather than $25,000.00 and Council agreed to the change. The Public Works and Transportation Committee report was then voted on clause by clause. Clause #7 - Carried, As Amended. Balance of Report - Carried. Moved by Councillor M. Wagner Seconded by Councillor T. Galloway "That the report of the Local Architectural Conservation Advisory Committee of this date be adopted." Carried. Council was in receipt of a report from Mr. T. McCabe dated August 21, 1995 containing recommendations with respect to the waiving of fees, charges and dedications in the Downtown. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the Departments of Planning and Development and Public Works arrange a public meeting on October 2, 1995 at the Planning and Economic Development Committee to consider an amendment to the City's Development Charge By-law which would exempt all development within the Downtown from the payment of development charges, and further, That the Parkland Dedication By-law be amended to exempt all Downtown development from the parkland dedication requirement and be considered by Council at the September 25, 1995 meeting, and further, That Planning and Legal staff review appropriate means to temporarily exempt development within the Downtown from parking requirements and report back to Council at a future date." Councillor John Smola asked whether an amendment to the Development Charge By-law would be required annually, and Mr. T. McCabe replied that the by-law would be amended every 5 years. Councillor T. Galloway suggested that the boundaries of what is considered the "Downtown" be clearly delineated and that this be discussed at a future date. AUGUST ~1, 1995 COUNCIL MINUTES - 3~8- CITY OF KITCHENER The previous motion by Councillor C. Weylie concerning amendments to the City's Development Charge By-law was voted on and Carried. Councillor K. Redman referred to a memorandum from Ms. L. MacDonald, Assistant City Solicitor, dated August 21, 1995, recommending execution of an Encroachment Agreement relative to 20 King Street East. Moved by Councillor K. Redman Seconded by Councillor T. Galloway "That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of the 20 King Street Restaurant to permit the use of ten (10) feet, more or less, of sidewalk directly in front of the Restaurant located at 20 King Street East, for the operation of a sidewalk patio for the 1995 season, subject to obtaining all necessary approvals." Carried. Notice of Motion Councillor T. Galloway previously gave Notice of Motion in writing on August 2, 1995 indicating that he would introduce this date a motion relative to supplementary assessments and the conversion of property. Moved by Councillor T. Galloway Seconded by Councillor B. Vrbanovic "WHEREAS, the Assessment Act allows for a supplementary assessment in the conversion of a property from owned to rental, which provides and immediate tax revenue increase to the taxing agencies, AND WHEREAS, the Assessment Act does not similarly allow a supplementary assessment in the conversion of a property from rental to owned that would provide tax relief to a new homeowner, AND WHEREAS, the new homeowner, under this latter condition, must wait until the next assessment year to have the appropriate lower rate applied, THEREFORE BE IT RESOLVED, that the City of Kitchener requests the appropriate Provincial Minister to review Sections 36 and 60 of The Assessment Act with a view to providing for supplementary assessments in the event of the conversion of a residential property from rental to own ed." Carried. Notice of Motion Councillor T. Galloway gave Notice of Motion that at the September 18, 1995 Finance and Administration Committee meeting he will introduce a motion relative to Provincial cutbacks and requests to the City for replacement funding. Council acceded to a request from Mr. R.W. Pritchard to remove the by-law listed as Item 10(h) on the agenda this date relative to Amendment No.1 to the Municipal Plan (West Side Study). Council further agreed to the addition of two by-laws for three readings this date; namely: a by-law to amend the Zoning By-law (Hearthwood Developments Limited - Caryndale Drive); and an amending by-law with respect to the Appointment of Staff and Provincial Offences Officers. Moved by Councillor M. Yantzi Seconded by Councillor J. Ziegler "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend By-law 85-1 - Imperial Oil - King Street East - #95114/K/JG (b) To further amend By-law No.88-170 being a by-law to prohibit unauthorized parking of AUGUST 21, 1995 COUNCIL MINUTES - 329- CITY OF KITCHENER (c) (d) (e) (f) (g) (h) (i) (J) motor vehicles on private property To further amend By-law No.88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon Being a by-law to amend By-law No.88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement Being a by-law to exempt a certain lot from Part Lot Control - Lots 1 to 18 inclusive, 20, 21 and 22, 28 to 32 inclusive and 37 to 43 inclusive, Registered Plan 1798 - Fairway Court and Fairway Crescent Being a by-law to exempt a certain lot from Part Lot Control - Lot 25, Registered Plan 1721 - Huron Road Being a by-law to amend By-law No.85-1 known as the Zoning By-law - Hearthwood Developments Ltd. - Caryndale Drive - No.871371CIZJ To confirm all actions and proceedings of the Council Being a by-law to provide for the widening of part of Woolwich Street as a public highway in the City of Kitchener (Cont'd) (k) Being a by-law to amend By-law 95-10 respecting the Appointment of Staff and Provincial Offences Officers 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 R. Christy appointed Councillor K. Redman as Chair. On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. Moved by Councillor K. Redman Seconded by Councillor B. Vrbanovic "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes, are hereby adopted and confirmed." Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That the by-laws listed on the agenda for third reading, namely: (a) (b) Carried. Being a by-law to amend By-law 85-1 - Imperial Oil- King Street East -#95/14/K/JG (By-law No. 95-113) To further amend By-law No.88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property AUGUST 91, 1995 COUNCIL MINUTES - 330- CITY OF KITCHENER (c) (d) (e) (f) (Cont'd) (g) (h) (i) (J) (k) (By-law No. 95-114) To further amend By-law No.88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (By-law No. 95-115) Being a by-law to amend By-law No.88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof (By-law No. 95-116) Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement (By-law No. 95-117) Being a by-law to exempt a certain lot from Part Lot Control - Lots 1 to 18 inclusive, 20, 21 and 22, 28 to 32 inclusive and 37 to 43 inclusive, Registered Plan 1798 - Fairway Court and Fairway Crescent (By-law No. 95-118) Being a by-law to exempt a certain lot from Part Lot Control - Lot 25, Registered Plan 1721 - Huron Road Being a by-law to amend By-law No.85-1 Developments Ltd. - Caryndale Drive - No.87/37/C/ZJ (By-law No. 95-119) known as the Zoning By-law - Hearthwood To confirm all actions and proceedings of the Council (By-law No. 95-120) (By-law No. 95-121) Being a by-law to provide for the widening of part of Woolwich Street as a public highway in the City of Kitchener (By-law No. 95-122) Being a by-law to amend By-law 95-10 respecting the Appointment of Staff and Provincial Offences Officers (By-law No. 95-123) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned. Carried. AUGUST ~1, 1995 COUNCIL MINUTES - 331- CITY OF KITCHENER MAYOR CLERK PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - That Demolition Control Application DC 92/9/RM (St. Mary's Hospital) requesting approval for the demolition of a single detached dwelling located at 904 Queen's Boulevard, legally described as Lot 370, Registered Plan 230 be approved, subject to arrangements for adequate and appropriate buffering of the adjacent hospital parking lot to the satisfaction of the Department of Planning and Development. That the Department of Planning and Development review the Sign By-law regulations restricting the use of sidewalk signs to the Retail Core and the Belmont Improvement Area and prepare a report for the Committee's consideration, and further, That as part of the review, minor amendments to portable signs and ground signs be considered that deal with the issue of anchoring for purposes of safety or permanency, and further, That pending the Committee's consideration of the Staff Report, the Enforcement Staff continue to interpret oversized sidewalk signs as portable signs and enforce the portable sign regulations according to the Department's normal enforcement practices and procedures. That the Enforcement Staff, in consultation with other City Staff and Members of Council, develop a list of properties with a history of non-compliance with the Lot Maintenance regulations requiring the removal of weeds and grass more than eight inches in height, and further, That pursuant to Section 650.5.2 (Lot Maintenance) of the Municipal Code, by-laws be prepared for these properties, directing Staff to arrange for the cutting of weeds and grass, to be considered by Council at the beginning of the 1996 growing season, and further, That the Enforcement Staff monitor these properties during the 1996 growing season and, advise the owners of such properties that, in addition to any prosecution for non-compliance, Council will be considering passing by-laws to arrange for the cutting of weeds and grass by the City on their properties, with a charge for service levied back against the owners. That the request of the Kitchener Downtown Mural Programme for use of the Duke/Ontario Parking Garage (south wall) as a site to erect a wall mural be approved subject to the following conditions: (a) (b) (c) the incorporation of the Mural Corporation a sketch of the final mural being consented to by the City the agreement between the Mural Corporation and the City being satisfactory to the City Solicitor. (Dealt with under delegations and Carried.) That Council approve application CD/95/001 (Megna Real Estate) subject to the Owners entering into an Agreement under Section 12(1) of the Rental Housing Protection Act, which shall be executed and registered against the title to the lands at 105, 111, 117 Onward Avenue as part of any subsequent condominium agreement. The Agreement shall contain the following conditions: a) The Owner agrees to supply the City's Policy, Research and Housing Division with a list of the names and addresses of all the tenants who occupy the residential units which now exist upon the subject lands, hereinafter called the "Existing Units", as of the date Council's approval of this Agreement under the Rental Housing Protection Act. Further, the Owner shall supply the City's Policy, Research and Housing Division with the names and addresses of any new tenant who commences to occupy an Existing Unit between PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 5. Cont'd the date of Council's approval of the Agreement and the date of registration of the final plan of condominium. All tenants referred to above are hereinafter called "the Tenants". b) The Owner agrees to give notice to the Tenants of their rights under the terms of the AUGUST 21, 1995 COUNCIL MINUTES - 333- CITY OF KITCHENER COUNCIL MINUTES AUGUST 21, 1995 - 333- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Agreement, within 30 days following the date of registration of the final plan of condominium, by providing them with a copy of this agreement and by filing proof of notification with the City's Policy, Research and Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by the Tenant as acknowledgement of receipt. c) This Agreement shall confer no rights whatsoever upon any new tenant who enters into a lease agreement with the Owner and occupies an Existing Unit after the date of registration of the final plan of condominium (hereinafter called a "Post-Registration Tenant"). The Owner shall give notice of this agreement to all Post-Registration Tenants, at the time they enter into their leases, and provide proof of notification to the Policy, Research and Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by such tenants as acknowledgement of receipt, following which such tenants shall be deemed to have notice that they do not have any rights under this agreement. d) The Owner agrees that, in the event a Tenant wishes to continue to rent and occupy his or her Existing Unit, or to rent it until such time as he or she might exercise his or her right to purchase, the following conditions apply: The Tenant shall be entitled to continue to rent the unit which he or she is currently renting and occupying for a period of up to five years following the date of registration of the final plan of condominium (herein after called the "Five Year Rental Period"). Throughout the Five Year Rental Period, the applicable rent for a given unit shall not exceed the lawful maximum rent which could be charged for that rental unit under the Residential Rent Regulation Act, R.S.S. 1990, c. R.29, as amended (hereinafter called the "RRR Act") and any increases to that rent throughout the Five Year Rental Period shall be subject to the RRR Act. At the Tenant's discretion, the Owner and Tenant shall enter into a lease, leases, renewal or renewals for all or part of the Five Year Rental Period for such term or terms as is agreed to from time to time by the Tenant and the Owners, provided that the total term thereof does not exceed the Five Year Rental Period. The Owner agrees to supply the City's Policy, Research and Housing Division with an executed copy of the lease, and any subsequent renewals thereof during this five year period. e) The Owner shall provide the Tenant or Tenants occupying an Existing Unit with the right of first refusal to purchase it during the Five Year Rental Period. To establish that a Tenant has foregone or waived his or her right of first refusal to purchase, the Owners shall provide the Policy, Research and Housing Division with a written waiver of such right executed by the Tenant, witnessed and dated subsequent to the date of registration of the final plan of condominium. If, at any time during the Five Year Rental Period, the Owner receives a bona fide, arms length offer to purchase an Existing Unit which the Owner is willing to accept and if the Tenant or Tenants of such unit have not waived their rights of first refusal to purchase, the Owners shall notify the Tenant or Tenants of such unit by providing them with a true copy of the offer to purchase and the Tenant or Tenants shall have the right, during the ten days immediately following the receipt thereof, to purchase the unit by delivering to the Owner a signed offer to purchase for the price PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 5. Cont'd and upon the terms and conditions contained in the original offer, which the Owner shall AUGUST ~1, 1995 COUNCIL MINUTES - 334- CITY OF KITCHENER COUNCIL MINUTES AUGUST ~1, 1995 - 334- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL accept immediately. The Owner shall provide proof of notification to the City's Policy, Research and Housing Division, either by a sworn affidavit or service or by a copy of the original offer to purchase signed by the Tenant as acknowledgement of receipt. If the Tenant or Tenants do not deliver an offer to purchase to the Owner within ten days, the Tenant or Tenants shall be deemed not to have exercised the right of first refusal and the Owner may accept the original offer to purchase. If for any reason the Tenant or Tenants do not exercise the right of first refusal and the Owner does not complete the offer to purchase which had been received, the right of first refusal of the Tenant or Tenants shall continue in effect. f) It is hereby agreed that the Tenant shall lose his or her rights under this Agreement if: the Tenant vacates the Existing Unit with or without due notice to the Owner; the Tenant sublets the Existing Unit; or the Owner obtains a writ of possession to the Existing Unit, all rights of appeal in respect thereof have expired and the Owner files a copy thereof with the Policy, Research and Housing Division. g) The Owner agrees to engage the services of a consultant with qualifications acceptable to the City's Chief Building Official, to conduct an audit of the condition of the Premises, prior to draft approval of any plan of condominium on the lands, and to file the results of the audit with the City of Kitchener Policy, Research and Housing Division. The Owner shall correct, to the satisfaction of the Chief Building Official, deficiencies identified in the audit which relate to the Building Code, Building By-law, Fire Code, or Property Standards By-law. Upon correction, the City's Chief Building Official will notify the Owner in writing that the deficiencies have been corrected to his satisfaction. h) Prior to the sale of any of the Existing Units, the Owner shall notify potential purchasers that the results of the audit are available for their consideration. It is the opinion of this Committee that the approval of this application is proper planning for the City. That Council approve application CD/95/002 (Megna Real Estate) subject to the Owners entering into an Agreement under Section 12(1) of the Rental Housing Protection Act, which shall be executed and registered against the title to the lands at 93-99 Westwood Drive as part of any subsequent condominium agreement. The Agreement shall contain the following conditions: a) The Owner agrees to supply the City's Policy, Research and Housing Division with a list of the names and addresses of all the tenants who occupy the residential units which now exist upon the subject lands, hereinafter called the "Existing Units", as of the date Council's approval of this Agreement under the Rental Housing Protection Act. Further, the Owner shall supply the City's Policy, Research and Housing Division with the names and addresses of any new tenant who commences to occupy an Existing Unit between the date of Council's approval of the Agreement and the date of registration of the final plan of condominium. All tenants referred to above are hereinafter called "the Tenants". b) The Owner agrees to give notice to the Tenants of their rights under the terms of the Agreement, within 30 days following the date of registration of the final plan of condominium, by providing them with a copy of this agreement and by filing proof of notification with the City's Policy, Research and Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by the Tenant as acknowledgement of receipt. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) AUGUST ~1, 1995 COUNCIL MINUTES - 335- CITY OF KITCHENER COUNCIL MINUTES AUGUST ~1, 1995 - 335- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 6. Cont'd c) This Agreement shall confer no rights whatsoever upon any new tenant who enters into a lease agreement with the Owner and occupies an Existing Unit after the date of registration of the final plan of condominium (hereinafter called a "Post-Registration Tenant"). The Owner shall give notice of this agreement to all Post-Registration Tenants, at the time they enter into their leases, and provide proof of notification to the Policy, Research and Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by such tenants as acknowledgement of receipt, following which such tenants shall be deemed to have notice that they do not have any rights under this agreement. d) The Owner agrees that, in the event a Tenant wishes to continue to rent and occupy his or her Existing Unit, or to rent it until such time as he or she might exercise his or her right to purchase, the following conditions apply: The Tenant shall be entitled to continue to rent the unit which he or she is currently renting and occupying for a period of up to five years following the date of registration of the final plan of condominium (herein after called the "Five Year Rental Period"). Throughout the Five Year Rental Period, the applicable rent for a given unit shall not exceed the lawful maximum rent which could be charged for that rental unit under the Residential Rent Regulation Act, R.S.S. 1990, c. R.29, as amended (hereinafter called the "RRR Act") and any increases to that rent throughout the Five Year Rental Period shall be subject to the RRR Act. At the Tenant's discretion, the Owner and Tenant shall enter into a lease, leases, renewal or renewals for all or part of the Five Year Rental Period for such term or terms as is agreed to from time to time by the Tenant and the Owners, provided that the total term thereof does not exceed the Five Year Rental Period. The Owner agrees to supply the City's Policy, Research and Housing Division with an executed copy of the lease, and any subsequent renewals thereof during this five year period. e) The Owner shall provide the Tenant or Tenants occupying an Existing Unit with the right of first refusal to purchase it during the Five Year Rental Period. To establish that a Tenant has foregone or waived his or her right of first refusal to purchase, the Owners shall provide the Policy, Research and Housing Division with a written waiver of such right executed by the Tenant, witnessed and dated subsequent to the date of registration of the final plan of condominium. If, at any time during the Five Year Rental Period, the Owner receives a bona fide, arms length offer to purchase an Existing Unit which the Owner is willing to accept and if the Tenant or Tenants of such unit have not waived their rights of first refusal to purchase, the Owners shall notify the Tenant or Tenants of such unit by providing them with a true copy of the offer to purchase and the Tenant or Tenants shall have the right, during the ten days immediately following the receipt thereof, to purchase the unit by delivering to the Owner a signed offer to purchase for the price and upon the terms and conditions contained in the original offer, which the Owner shall accept immediately. The Owner shall provide proof of notification to the City's Policy, Research and Housing Division, either by a sworn affidavit or service or by a copy of the original offer to purchase signed by the Tenant as acknowledgement of receipt. If the Tenant or Tenants do not deliver an offer to purchase to the Owner within ten days, the Tenant or Tenants shall be deemed not to have exercised the right of first refusal and the Owner may accept the original offer to purchase. If for any reason the Tenant or Tenants do not exercise the right of first refusal and the Owner does not complete the offer to purchase which had been received, the right of first refusal of the Tenant or Tenants shall continue in effect. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) COUNCIL MINUTES AUGUST ~1, 1995 - 336- CITY OF KITCHENER COUNCIL MINUTES AUGUST ~1, 1995 - 336- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 6. Cont'd f) It is hereby agreed that the Tenant shall lose his or her rights under this Agreement if: the Tenant vacates the Existing Unit with or without due notice to the Owner; the Tenant sublets the Existing Unit; or the Owner obtains a writ of possession to the Existing Unit, all rights of appeal in respect thereof have expired and the Owner files a copy thereof with the Policy, Research and Housing Division. g) The Owner agrees to engage the services of a consultant with qualifications acceptable to the City's Chief Building Official, to conduct an audit of the condition of the Premises, prior to draft approval of any plan of condominium on the lands, and to file the results of the audit with the City of Kitchener Policy, Research and Housing Division. The Owner shall correct, to the satisfaction of the Chief Building Official, deficiencies identified in the audit which relate to the Building Code, Building By-law, Fire Code, or Property Standards By-law. Upon correction, the City's Chief Building Official will notify the Owner in writing that the deficiencies have been corrected to his satisfaction. h) Prior to the sale of any of the Existing Units, the Owner shall notify potential purchasers that the results of the audit are available for their consideration. It is the opinion of this Committee that the approval of this application is proper planning for the City. That Council approve application CD/95/003 (Manufacturers Life Insurance Company) subject to the Owners entering into an Agreement under Section 12(1) of the Rental Housing Protection Act, which shall be executed and registered against the title to the lands at 415 Morgan Avenue as part of any subsequent condominium agreement. The Agreement shall contain the following conditions: a) The Owner agrees to supply the City's Policy, Research and Housing Division with a list of the names and addresses of all the tenants who occupy the residential units which now exist upon the subject lands, hereinafter called the "Existing Units", as of the date Council's approval of this Agreement under the Rental Housing Protection Act. Further, the Owner shall supply the City's Policy, Research and Housing Division with the names and addresses of any new tenant who commences to occupy an Existing Unit between the date of Council's approval of the Agreement and the date of registration of the final plan of condominium. All tenants referred to above are hereinafter called "the Tenants". b) The Owner agrees to give notice to the Tenants of their rights under the terms of the Agreement, within 30 days following the date of registration of the final plan of condominium, by providing them with a copy of this agreement and by filing proof of notification with the City's Policy, Research and Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by the Tenant as acknowledgement of receipt. c) This Agreement shall confer no rights whatsoever upon any new tenant who enters into a lease agreement with the Owner and occupies an Existing Unit after the date of registration of the final plan of condominium (hereinafter called a "Post-Registration Tenant"). The Owner shall give notice of this agreement to all Post-Registration Tenants, at the time they enter into their leases, and provide proof of notification to the Policy, Research and Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by such tenants as acknowledgement of receipt, following which such tenants shall be deemed to have notice that they do not have any rights under this agreement. COUNCIL MINUTES AUGUST 91, 1995 - 337- CITY OF KITCHENER COUNCIL MINUTES AUGUST 91, 1995 - 337- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 7. Cont'd d) The Owner agrees that, in the event a Tenant wishes to continue to rent and occupy his or her Existing Unit, or to rent it until such time as he or she might exercise his or her right to purchase, the following conditions apply: The Tenant shall be entitled to continue to rent the unit which he or she is currently renting and occupying for a period of up to five years following the date of registration of the final plan of condominium (herein after called the "Five Year Rental Period"). Throughout the Five Year Rental Period, the applicable rent for a given unit shall not exceed the lawful maximum rent which could be charged for that rental unit under the Residential Rent Regulation Act, R.S.S. 1990, c. R.29, as amended (hereinafter called the "RRR Act") and any increases to that rent throughout the Five Year Rental Period shall be subject to the RRR Act. At the Tenant's discretion, the Owner and Tenant shall enter into a lease, leases, renewal or renewals for all or part of the Five Year Rental Period for such term or terms as is agreed to from time to time by the Tenant and the Owners, provided that the total term thereof does not exceed the Five Year Rental Period. The Owner agrees to supply the City's Policy, Research and Housing Division with an executed copy of the lease, and any subsequent renewals thereof during this five year period. e) The Owner shall provide the Tenant or Tenants occupying an Existing Unit with the right of first refusal to purchase it during the Five Year Rental Period. To establish that a Tenant has foregone or waived his or her right of first refusal to purchase, the Owners shall provide the Policy, Research and Housing Division with a written waiver of such right executed by the Tenant, witnessed and dated subsequent to the date of registration of the final plan of condominium. If, at any time during the Five Year Rental Period, the Owner receives a bona fide, arms length offer to purchase an Existing Unit which the Owner is willing to accept and if the Tenant or Tenants of such unit have not waived their rights of first refusal to purchase, the Owners shall notify the Tenant or Tenants of such unit by providing them with a true copy of the offer to purchase and the Tenant or Tenants shall have the right, during the ten days immediately following the receipt thereof, to purchase the unit by delivering to the Owner a signed offer to purchase for the price and upon the terms and conditions contained in the original offer, which the Owner shall accept immediately. The Owner shall provide proof of notification to the City's Policy, Research and Housing Division, either by a sworn affidavit or service or by a copy of the original offer to purchase signed by the Tenant as acknowledgement of receipt. If the Tenant or Tenants do not deliver an offer to purchase to the Owner within ten days, the Tenant or Tenants shall be deemed not to have exercised the right of first refusal and the Owner may accept the original offer to purchase. If for any reason the Tenant or Tenants do not exercise the right of first refusal and the Owner does not complete the offer to purchase which had been received, the right of first refusal of the Tenant or Tenants shall continue in effect. f) It is hereby agreed that the Tenant shall lose his or her rights under this Agreement if: the Tenant vacates the Existing Unit with or without due notice to the Owner; the Tenant sublets the Existing Unit; or the Owner obtains a writ of possession to the Existing Unit, all rights of appeal in respect thereof have expired and the Owner files a copy thereof with the Policy, Research and Housing Division. g) The Owner agrees to engage the services of a consultant with qualifications acceptable to AUGUST 91, 1995 COUNCIL MINUTES - 338- CITY OF KITCHENER COUNCIL MINUTES AUGUST 91, 1995 - 338- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL the City's Chief Building Official, to conduct an audit of the condition of the Premises, prior to draft approval of any plan of condominium on the lands, and to file the results of PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 7. Cont'd the audit with the City of Kitchener Policy, Research and Housing Division. The Owner shall correct, to the satisfaction of the Chief Building Official, deficiencies identified in the audit which relate to the Building Code, Building By-law, Fire Code, or Property Standards By-law. Upon correction, the City's Chief Building Official will notify the Owner in writing that the deficiencies have been corrected to his satisfaction. h) Prior to the sale of any of the Existing Units, the Owner shall notify potential purchasers that the results of the audit are available for their consideration. It is the opinion of this Committee that the approval of this application is proper planning for the City. That Council approve application CD/95/004 (Manufacturers Life Insurance Company) subject to the Owners entering into an Agreement under Section 12(1) of the Rental Housing Protection Act, which shall be executed and registered against the title to the lands at 280 Thaler Avenue as part of any subsequent condominium agreement. The Agreement shall contain the following conditions: a) The Owner agrees to supply the City's Policy, Research and Housing Division with a list of the names and addresses of all the tenants who occupy the residential units which now exist upon the subject lands, hereinafter called the "Existing Units", as of the date Council's approval of this Agreement under the Rental Housing Protection Act. Further, the Owner shall supply the City's Policy, Research and Housing Division with the names and addresses of any new tenant who commences to occupy an Existing Unit between the date of Council's approval of the Agreement and the date of registration of the final plan of condominium. All tenants referred to above are hereinafter called "the Tenants". b) The Owner agrees to give notice to the Tenants of their rights under the terms of the Agreement, within 30 days following the date of registration of the final plan of condominium, by providing them with a copy of this agreement and by filing proof of notification with the City's Policy, Research and Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by the Tenant as acknowledgement of receipt. c) This Agreement shall confer no rights whatsoever upon any new tenant who enters into a lease agreement with the Owner and occupies an Existing Unit after the date of registration of the final plan of condominium (hereinafter called a "Post-Registration Tenant"). The Owner shall give notice of this agreement to all Post-Registration Tenants, at the time they enter into their leases, and provide proof of notification to the Policy, Research and Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by such tenants as acknowledgement of receipt, following which such tenants shall be deemed to have notice that they do not have any rights under this agreement. d) The Owner agrees that, in the event a Tenant wishes to continue to rent and occupy his or her Existing Unit, or to rent it until such time as he or she might exercise his or her right to purchase, the following conditions apply: · The Tenant shall be entitled to continue to rent the unit which he or she is currently AUGUST ~1, 1995 COUNCIL MINUTES - 339- CITY OF KITCHENER COUNCIL MINUTES AUGUST ~1, 1995 - 339- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL renting and occupying for a period of up to five years following the date of registration of the final plan of condominium (herein after called the "Five Year Rental Period"). PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 8. Cont'd Throughout the Five Year Rental Period, the applicable rent for a given unit shall not exceed the lawful maximum rent which could be charged for that rental unit under the Residential Rent Regulation Act, R.S.S. 1990, c. R.29, as amended (hereinafter called the "RRR Act") and any increases to that rent throughout the Five Year Rental Period shall be subject to the RRR Act. At the Tenant's discretion, the Owner and Tenant shall enter into a lease, leases, renewal or renewals for all or part of the Five Year Rental Period for such term or terms as is agreed to from time to time by the Tenant and the Owners, provided that the total term thereof does not exceed the Five Year Rental Period. The Owner agrees to supply the City's Policy, Research and Housing Division with an executed copy of the lease, and any subsequent renewals thereof during this five year period. e) The Owner shall provide the Tenant or Tenants occupying an Existing Unit with the right of first refusal to purchase it during the Five Year Rental Period. To establish that a Tenant has foregone or waived his or her right of first refusal to purchase, the Owners shall provide the Policy, Research and Housing Division with a written waiver of such right executed by the Tenant, witnessed and dated subsequent to the date of registration of the final plan of condominium. If, at any time during the Five Year Rental Period, the Owner receives a bona fide, arms length offer to purchase an Existing Unit which the Owner is willing to accept and if the Tenant or Tenants of such unit have not waived their rights of first refusal to purchase, the Owners shall notify the Tenant or Tenants of such unit by providing them with a true copy of the offer to purchase and the Tenant or Tenants shall have the right, during the ten days immediately following the receipt thereof, to purchase the unit by delivering to the Owner a signed offer to purchase for the price and upon the terms and conditions contained in the original offer, which the Owner shall accept immediately. The Owner shall provide proof of notification to the City's Policy, Research and Housing Division, either by a sworn affidavit or service or by a copy of the original offer to purchase signed by the Tenant as acknowledgement of receipt. If the Tenant or Tenants do not deliver an offer to purchase to the Owner within ten days, the Tenant or Tenants shall be deemed not to have exercised the right of first refusal and the Owner may accept the original offer to purchase. If for any reason the Tenant or Tenants do not exercise the right of first refusal and the Owner does not complete the offer to purchase which had been received, the right of first refusal of the Tenant or Tenants shall continue in effect. f) It is hereby agreed that the Tenant shall lose his or her rights under this Agreement if: the Tenant vacates the Existing Unit with or without due notice to the Owner; the Tenant sublets the Existing Unit; or the Owner obtains a writ of possession to the Existing Unit, all rights of appeal in respect thereof have expired and the Owner files a copy thereof with the Policy, Research and Housing Division. g) The Owner agrees to engage the services of a consultant with qualifications acceptable to the City's Chief Building Official, to conduct an audit of the condition of the Premises, prior to draft approval of any plan of condominium on the lands, and to file the results of the audit with the City of Kitchener Policy, Research and Housing Division. The Owner shall correct, to the satisfaction of the Chief Building Official, deficiencies identified in the audit which AUGUST ~1, 1995 COUNCIL MINUTES - 340- CITY OF KITCHENER COUNCIL MINUTES AUGUST ~1, 1995 - 340- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL relate to the Building Code, Building By-law, Fire Code, or Property Standards By-law. Upon correction, the City's Chief Building Official will notify the Owner in writing that the deficiencies have been corrected to his satisfaction. h) Prior to the sale of any of the Existing Units, the Owner shall notify potential purchasers that the results of the audit are available for their consideration. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 8. Cont'd It is the opinion of this Committee that the approval of this application is proper planning for the City. That Zone Change Application 95/14/K/JG (Imperial Oil/Jim MacPherson) requesting a change in zoning to remove holding provision 2H from lands zoned C-6 with special use provision 61U, special regulation provisions 59R and 60R and C-6 with special use provision 61U and special regulation provision 60R, on lands legally described as Part Lot 24, Beasley's Broken Front Concession, be approved in the form shown in the proposed By-law attached, dated July 19, 1995, without conditions. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with the City's Official Plan. (Dealt with under delegations and Carried.) 10. That the Legal Department be instructed to prepare a by-law for consideration by Council at its meeting scheduled to be held on Monday, September 25, 1995, amending the regulations for billboard signs in Chapter 680 (SIGNS) of the City of Kitchener Municipal Code as follows: 1. Prohibit ground and pylon billboard signs in Agricultural Zones. Prohibit ground and pylon billboard signs within the Huron Business Park, Bridgeport Business Park and Lancaster Corporate Centre. Require all ground and pylon billboard signs to be located behind any building line setback and comply with all other yard requirements for primary buildings as set out in the applicable Zoning By-law. Require all ground and pylon billboard signs to be set back a minimum of 300 metres from the Huron Natural Area and the following Environmentally Sensitive Policy Areas: Doon Pinnacle Hill, Hidden Valley and Steckle Woods. Require a minimum separation of 300 metres between all ground and/or pylon billboard signs in Commercial and Industrial Zones. Permit a maximum of one (1) billboard structure, having a maximum number of two (2) sign faces, erected either back to back or at an angle not exceeding ninety degrees, to be erected on any one lot. 11. That pursuant to the Mayor's Task Force on the Downtown Recommendation # 1, Council authorize the transfer of $ 20,000 from the capital dollars set aside for Downtown initiatives to the Kitchener Downtown Business Association as the City's contribution towards the hiring of a Retail Marketing Consultant and the preparation of an Action Plan for Business Development. AUGUST ~1, 1995 COUNCIL MINUTES -341- CITY OF KITCHENER COUNCIL MINUTES AUGUST ~1, 1995 - 341 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 12. (A) That Zone Change Application 37/87/C/ZJ (Hearthwood Developments Ltd.) requesting a change in zoning from Agricultural (A) according to Township of Waterloo By-law 878A to Residential Two Zone (R-2), Residential Three Zone (R-3), Open Space Zone (P-2), and Hazard Land Zone (P-3) according to By-law 85-1 on Part of Lots 8 and 9, Biehn's Tract, Lot 185 and Part of Lot 184, Registered Plan 640 in the form shown in the "Proposed By- law" attached, dated April 19, 1995, be approved, subject to the subdivision agreement conditions contained herein in (B) below. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 12. Cont'd (B) That Subdivision Application recommended to the Regional conditions. 30T-87033 (Hearthwood Developments Ltd.) be Municipality for draft approval subject to the following That the Subdivider enter into a City Standard Form Subdivision Agreement as approved by City Council embracing those lands shown outlined in the attached Plan of Subdivision and that the following conditions shall be written therein. The Subdivider covenants and agrees: 51. That the final plan for registration purposes shall be prepared in accordance with the attached plan of subdivision dated August 14, 1995, providing that minor amendments to said plan, acceptable to the General Manager of Planning and Development and not affecting the numbering of lots or blocks, may be permitted without an amendment to this agreement. 52. To submit a Lot Grading and Drainage Control Plan for the approval of the City's General Manager of Public Works in consultation with the Department of Parks and Recreation, Ontario Hydro and Grand River Conservation Authority, prior to registration of the plan of subdivision. The Subdivider agrees that grading provisions for community trails to the satisfaction of the Department of Parks and Recreation shall be included in the Grading and Drainage Control Plan. 53. To submit for the approval of the City's General Manager of Public Works, in consultation with the Department of Parks and Recreation, and Grand River Conservation Authority a detailed engineering design for storm water management in accordance with the approved concept plan. Said engineering design shall include provision of any required erosion and siltation control features to be installed both during and after grading in construction stages. The Subdivider further agrees to implement all required measures as outlined in the approved final design. 54. To obtain from the GRCA, if required, approval of an application for Fill, Construction and Alteration to Waterways Regulation Permit pursuant to the Ontario Regulation 149 as amended by 69/93 and 669/94 for any storm sewer outfalls or other alterations within the floodplain of Strasburg Creek and its tributaries and/or the Strasburg Creek Wetland Complex, prior to registration of the plan of subdivision. 55. That the street names within the plan of subdivision shall be "Hearthbridge Street", "Hearthway Street", "Hearthwood Drive", "Hearthwood Crescent", and "Biehn Drive", and such names shall appear on the final registered plan. 56. To construct 1.5 m wide concrete sidewalks along both sides of Hearthway Street, Hearthbridge Street, Biehn Drive and Hearthwood Drive, and the westerly sides of Hearthwood Crescent and Caryndale Drive to the satisfaction of the City's Department of Public Works. AUGUST 91, 1995 COUNCIL MINUTES - 349- CITY OF KITCHENER COUNCIL MINUTES AUGUST 91, 1995 - 349- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 57. To convey to the City of Kitchener the following lands for the purposes stated therein, at no cost and free of encumbrance, concurrently with the registration of the plan of subdivision as noted: (a) (b) (c) (d) Block 27 for storm water management purposes, Blocks 28 and 29 for open space purposes, Block 30 for municipal servicing/drainage purposes, and Blocks 34-36 inclusive for 0.3 m reserve purposes. 58. To dedicate Blocks 31 and 32 as public walkways through the registration of the plan of subdivision. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 12. Cont'd 59. That construction traffic to and from the proposed subdivision shall use Caryndale Drive, Biehn Drive, Huron Road and Trillium Drive. All construction traffic shall be prohibited from using other internal residential streets in the community. The Subdivider agrees to advise all relevant contractors, builders and other persons of this requirement and the Subdivider being responsible for any signage where required all to the satisfaction of the Director of Traffic and Parking Services. 60. That in consideration of the wooded character of the subdivision lands and the City's desire to minimize the impact of development on treed areas worth retaining, the Subdivider agrees to comply with the following process in the development of the subdivision in accordance with the City's approved Tree Management Policy: (a) Prior to the City releasing the subdivision plan for registration, the Subdivider shall submit the Detailed Vegetation Plan for the approval of the City's Manager of Design, Heritage and Environment. (b) That no area/rough grading shall occur on the lands until such time as all approved measures for protection of isolated trees, tree clusters and woodlands affected by such grading have been satisfactorily implemented, the City has inspected these measures and the Subdivider has received a written authorization from the City's Engineering Department to proceed with said grading. (c) To implement and be responsible for providing all information contained in the approved Detailed Vegetation Plan, Tree Preservation/Enhancement Plan, to all of its heirs, executors, administrators, successors and assigns in order to ensure that the requirements outlined in said plan(s) are carried out as specified. (d) A Tree Preservation/Enhancement Plan will be required for those lots or blocks, prior to applying for or having issued any building permits, which are subject to site plan approval under Section 41 of the Planning Act, corner lots (where site service locations and building type have not been predetermined), interior lots greater than 13.7 metres of street frontage, proposed building/structure that is located deeper on the lot than that approved on the Detailed Vegetation Plan, and/or the revised grading will have an adverse effect on the Detailed Vegetation Plan. (e) In the event of construction causing minor tree damage, remedial measures such as trimming, dressing, or bark doctoring shall be implemented at the Subdivider's cost and as directed by the consultant who prepared the approved plan. In cases where major irreparable tree damage is done, liability is questionable, or the tree is judged to be unsafe in the opinion of the Subdivider's environmental consultant and/or the City, each such tree shall be removed and replaced with at least one tree of equal value based on the tree value formula as set out in "Guide for Plant Appraisal" AUGUST ~1, 1995 COUNCIL MINUTES - 343- CITY OF KITCHENER COUNCIL MINUTES AUGUST ~1, 1995 - 343- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL International Society of Arboriculture, Latest Edition. Tree replacements are to be located on the same lot or block` as the tree requiring removal or to a location within the subdivision requiring enhancement. Furthermore, such remedial measures or tree replacements shall be approved by the City's Manager of Design, Heritage and Environment and shall be satisfactorily implemented prior to occupancy of the unit, or due to weather conditions by the next planting season. 61. To install a permanent 1.2 metre high paige-wire fence or an alternate marking system to the satisfaction of the City's Department of Parks and Recreation along the flank, age and/or rear lot lines of Blocks 18, 19, 21, and 22 where such lot lines abut Blocks 27, 28 and 29. 62. That the 5% parkland dedication for the entire plan of subdivision, being 0.635 hectares, shall be satisfied by the registration of an agreement to defer the parkland dedication to other lands owned by the subdivider, legally described as Part of Lots 184 and 185, and PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 12. Cont'd Road Closed by By-law 429A, Registered Plan 640, Lot 10 and Part of Lots 8 and 9, Biehn's Tract. Said agreement is to be registered on the title of the lands legally described as Part of Lots 184 and 185, and Road Closed by By-law 429A, Registered Plan 640, Lot 10 and Part of Lots 8 and 9, Biehn's Tract prior to the registration of the plan of subdivision. 63. To install a which abut Subdivider noting that 1.2 metre high temporary snow fencing along the limits of residential lots/blocks Storm Water Management Block 27 and Open Space Blocks 28 & 29. The shall also be responsible for installing the appropriate signs every 45 metres there shall be no dumping in this area; with the installation to be to the satisfaction of the Department of Parks and Recreation prior to any area grading or building permits being issued. The Subdivider shall be responsible for the removal of all material dumped in this area and the temporary fencing shall be removed following construction within the plan area. 64. That the division of lands in respect to all residential blocks within the plan will be permitted subject to sequential compliance with the following: i) To submit for the approval of the City's Director of Building, Zoning and Inspections and the Department of Public Works, plans for each block illustrating lotting, building envelopes, driveway locations, service connections, street utility hardware, proposed grades, together with the plan showing typical building elevations where required; ii) To apply for and receive final approval of a Part Lot Control Exemption By-law in respect to the division of said blocks and that the Part Lot Control Exemption By-law not be presented to Council until the Department of Public Works has confirmed that the lotting pattern is in conformity with the approved engineering drawings; iii) That subsequent to receiving lotting plan approval and an exemption from Part Lot Control, building permits may be applied for and issued for said blocks, subject to full compliance with the approved plan and the normal requirements of the Building By-law or any other By-law and subject to plans being submitted to the satisfaction of the City's Director of Building, Zoning and Inspections; iv) That a Reference Plan with respect to the division of said blocks shall be prepared and presented to the City's Director of Building, Zoning and Inspections. Further, the Subdivider agrees not to transfer title of any part of said blocks until such time as said reference plan has been deposited in accordance with the Registry Act. 65. To construct a temporary turning circle on Hearthwood Drive on Block 26 as shown on the AUGUST ~1, 1995 COUNCIL MINUTES - 344- CITY OF KITCHENER COUNCIL MINUTES AUGUST ~1, 1995 - 344- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL attached plan of subdivision. Said turning circle shall be designed and constructed to the satisfaction of the General Manager of Public Works. At such time as Hearthwood Drive is extended to the south, and open to vehicular traffic, the subdivider shall remove the turning circle. No building permits will be issued for that part of Block 26 affected by the turning circle, until the turning circle is removed. 66. To upgrade existing Caryndale Drive from the subdivision's northerly limit to the southerly limit at Ontario Hydro easement to full municipal standards save and except for street trees and a sidewalk on the east side of Caryndale Drive concurrently with the development of this plan of subdivision to the satisfaction of the General Manager of Public Works. 67. To construct at its cost, temporary access roads from Hearthwood Drive to Caryndale Drive across Lot 4 and Block 16; and across Blocks 21 and 22 as shown on the subdivision plan. Said temporary roads shall be constructed to City standards save and PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 12. Cont'd except for a concrete sidewalk. The temporary access roads shall be completed and opened to public vehicular traffic prior to the issuance of any building permits in Phase 1. Further, the Subdivider agrees to provide easements to the City of Kitchener for the lands on which the proposed temporary roads will be located. The appropriate easements shall be granted to the City prior to registration of the plan of subdivision. The City agrees to quit-claim the easements after completion and opening of permanent secondary roads to the affected parts of the subdivision. Further, the Subdivider shall remove the temporary access roads once Hearthbridge Street has been extended to the south or Hearthwood Drive has been extended to the west and a permanent secondary access has been provided to the plan of subdivision not requiring these temporary roads to the satisfaction of the Director of Traffic and Parking Services. Building permits will not be available for Lot 4 and that portion of Block 16, and those portions of Blocks 21 and 22 that are affected by the temporary road until the road has been removed. 68. That Block 33 be reserved for future development; and that no building permits be issued for Block 33 in Phase 2 until those lands have been appropriately zoned and a plan of subdivision for the Block has been approved and registered. 69. To make satisfactory arrangements with Ontario Hydro for any required temporary and permanent fencing around the hydro facilities, if required, and for the relocation of or revisions to Ontario Hydro facilities if required as a result of the subdivision, prior to registration of the plan of subdivision. In this regard, the Subdivider shall present a letter to the City's Manager of Community Planning and Development Review confirming that satisfactory arrangements have been made with Ontario Hydro for the above matters, prior to the City's release of the plan of subdivision for registration. The Subdivider further agrees to satisfy Ontario Hydro with respect to being responsible for the restoration of any damage to the right-of-way resulting from construction of the subdivision. 70. That the development of the subdivision shall be restricted to the issuance of building permits to a maximum of 100 dwelling units. As a result of the City's interest in maintaining adequate undisrupted water circulation through the City's watermains to service this subdivision and the Brigadoon area, no building permits will be issued until the watermain has been extended from its present terminus along Strasburg Road to Templewood Drive to Marl Meadow Drive to Biehn Drive within the Hallman-Aberdeen lands under Subdivision Application 30T-88007 and the watermain is fully operational to the satisfaction to the General Manager of Public Works, at which time building permits will be available for the first 100 units within the plan of subdivision. COUNCIL MINUTES AUGUST ~1, 1995 - 345- CITY OF KITCHENER COUNCIL MINUTES AUGUST ~1, 1995 - 345- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Furthermore, no building permits will be issued beyond 100 units until the watermain is extended from its present terminus at the end of Biehn Drive to the owner's westerly land holdings in order to connect the watermain to this Plan of Subdivision or an alternate timing is approved in writing by the City's General Manager of Public Works. 71. That the exact alignment of the extension of Biehn Drive from the north to be shown on the final registered plan shall be to the satisfaction of the Grand River Conservation Authority in accordance with plans/drawings/studies to be approved by the Authority prior to registration of the plan. The Subdivider agrees to be responsible for the construction of Biehn Drive extension to the satisfaction of the City's General Manager of Public Works and the Grand River Conservation Authority as part of the development of Phase 2. II. That prior to registration of Subdivision Application 30T-87033, the Subdivider shall enter into a supplementary agreement pertaining to the deferral of the 5% park dedication to PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 12. Cont'd its abutting land to the west and south, with said agreements to be registered against title of lands legally described as Part of Lots 8, 9 and 10 Biehn's Tract, Lot 185 and part of Lot 184, part of road closed by By-law 429-A, Registered Plan 640 prior to release of the plan of subdivision for registration. Said agreement shall contain the following clause: "The owner shall provide a further 0.635 hectare park dedication in addition to the 5% park dedication required through registration of future plans of subdivision." It is the opinion of this Committee that approval of these applications is proper planning for the City and is in conformity with the City's Official Plan. c) That the implementing zoning by-law for a Zone Change Application 37/87/C/ZJ (Hearthwood Developments Ltd.) shall not be presented to City Council until Subdivision Application 30T-87033 has received Regional Draft Approval where upon the amending zoning by-law shall be presented to City Council for all three readings. Alternatively, if the City Clerk is presented with a letter from the Regional Municipality of Waterloo advising that the Region has no objection of the passing of the zoning by-law in the form shown in staff report 95/37. (Dealt with under delegations and Carried, As Amended.) 13. That the draft by-law respecting noise from residential air conditioning devices including heat pumps and other stationary sources, be approved in principle, and further, That the Legal Department seek Ministerial approval of the draft by-law. 14. That the "Proposed By-law" dated August 8, 1995, attached to Staff Report PD 95/80 as an addendum to Zone Change Application 94/14/TC/PMc, representing revisions to Section 5.6A.3 (Air Conditioners and Pumps) of By-law 85-1 as amended by By-law 94-1 and 94-183 (Stages 6 and 7 of the Comprehensive Zoning By-law), be approved, without conditions. COMMUNITY SERVICES COMMITTEE - That we approve an Art, Artifact Acquisition and Management Policy for the City of Kitchener, as follows: AUGUST ~1, 1995 COUNCIL MINUTES - 346- CITY OF KITCHENER COUNCIL MINUTES AUGUST 21, 1995 - 346- CITY OF KITCHENER 1) REPORTS ADOPTED BY COUNCIL Artifacts relating to the history of the City's Administration and Local Government will be managed through the General Services and City Clerks Department in compliance with the existing Corporate Archives Policy. 2) That the following be applied as Art Acquisition/Deaccessioning Criteria for consideration by the Art Acquisition Committee. a) Art Acquisition: Donations or loans of artwork to the City of Kitchener should be considered for acceptance according to the following criteria: 1) first consideration for purchase shall be given to Waterloo Region Art; 2) suitability of the artwork to the collection of the City as determined by the guidelines and mandate of this collection; and with consideration to available display and storage space; 3) quality of the artwork, based on professional assessment of the artwork, detailed written proposal, drawing and/or maquette, or photographs; COMMUNITY SERVICES COMMITTEE - (CONT'D) 1. 2) a) (Cont'd) 4) suitability of the theme of the artwork to a public venue; 5) appropriateness of the artwork to the site, in the case where a site has been identified; 6) appropriateness of the process for selecting the artist/artwork; 7) financial implications based on cost of project implementation, installation of the arts, and ongoing maintenance of the artwork; 8) provision by the donor for ongoing maintenance of the work and cost of relocation and removal; 9) absence of restrictive conditions imposed by the donor; 10) susceptibility of the artwork to wear and vandalism and potential danger to the public; b) 11 12) suitability of the artwork to the technical requirements of installation in public spaces; ease of maintenance and repair. Deaccessioninq Criteria Valid considerations for deaccessioning works include: a) b) c) d) e) poor quality duplication irrelevance to the collection the possibility of upgrading or exchange safety concerns All proceeds from sale or auction of works shall be credited to the Public Art Trust Fund. COUNCIL MINUTES AUGUST ~1, 1995 - 347 - CITY OF KITCHENER COUNCIL MINUTES AUGUST RI, 1995 - 347 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL c) In the event art work accepted by the City is deaccessioned, and it relates to or otherwise reflects the history of the City's Administration and Local Government (ie: Portrait of Mayor, City Hall or City owned facility), it will be donated free of charge to the City's Archives and be managed through the General Services and City Clerks Department in compliance with the Corporate Archives Policy, and That while such artwork having archival value is in the City's permanent art collection, it will be cross-referenced in the Corporate Archives Index at the time it is acquired as a finding aid in conducting historical research. 3) That appropriate staff through Parks and Recreation be responsible for co-ordination of maintenance after works of art have been accepted into the permanent collection. Initially it is recommended that the Public Art Trust Fund be utilized for this activity until the level of collecting activity is known. The Art Acquisition Committee will provide advice in this area and will utilize outside expertise, such as the K-W Art Gallery. (As Amended) COMMUNITY SERVICES COMMITTEE - (CONT'D) That we approve a Public Art Policy for the City of Kitchener (in conjunction with the Art Acquisition Committee) as follows: That the City of Kitchener promote art in publicly accessible places in order to enhance the urban environment and quality of life. Public art should be a consideration for new public facilities or where appropriate in existing facilities. By supporting public art initiatives, the City will recognize the importance of publicly accessible art in making Kitchener a more livable city. 2) That the Public Arts Trust Fund be utilized, when funds are available, for the funding of projects city wide and that two members of Council be selected to work as an extension of the Art Acquisition Committee, in the active solicitation of fund raising, as the need arises. 3) That an appropriate staff person from each department liaise with the Art Acquisition Committee when capital budget projects are coming on stream for public art to be included. The criteria for this would be the project's public visibility, public use and civic importance. Opportunities could be found to include art at various points in the project, from the design stage to purchasing stage of furnishings, etc.. 4) That artists be involved at the earliest possible time in any project identified for a public art component. 5) That the City review, through appropriate staff, the feasibility of implementing a voluntary or incentive "contribution towards public art" for new, private developments. (As Amended) That the City of Kitchener supports the bid to bring the 1997 Canadian Soccer Championships to Kitchener; and further That a $2,000.00 grant be allocated to the host committee to offset expenses of a municipal reception should the Canadian Soccer Association, in conjunction with the Ontario Soccer Association, award the event to Kitchener. That we approve the request of Deniece Bell for a cash grant in the amount of $200.00 to assist with her travel expenses to compete as a member of the Canadian National Track & Field Team at AUGUST 91, 1995 COUNCIL MINUTES - 348- CITY OF KITCHENER COUNCIL MINUTES AUGUST 91, 1995 - 348- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL the Pan Am Games in Santiago, Chile from September 1 - 3, 1995. That we approve the request of Jodi Hill for a cash grant in the amount of $100.00 to assist with her travel expenses to participate in the National Fastball Championship in Surrey, British Columbia, from July 30 - August 7, 1995. That we approve the request of Scott Kuehl for an in-kind facility rental grant in the amount of $300.00 to assist with the cost of renting space in the Victoria Park Pavilion from September 29 - October 1, 1995 for the purpose of holding an invitational chess tournament, provided the tournament is open to the public. That we lease the building known as the Registry Building, 122 Frederick Street, Kitchener to the Curling Hall of Fame and Museum of Canada Inc. for a period of 10 years at a rate of $1.00 per year; and COMMUNITY SERVICES COMMITTEE - (CONT'D) 7. (Cont'd) That we carry out the lease hold improvements as outlined by Building Services; and That $60,000.00 be added to the 1996 capital account of Building Services to cover such costs; and That the Canadian Curling Association agrees to the holding of two National/International events in Kitchener within the ten year period of this lease; and That we provide a loan of $150,000.00, to be repaid within ten years, with the terms and conditions to be approved by the Commissioner of Finance; and That all day-to-day ongoing operating costs be assumed by the Curling Hall of Fame; and That the Curling Hall of Fame actively search out sponsors to generate funds to compensate the City for the proposed rent free arrangement; and That the agreement be reviewed after 5 years; and That Council approve the agreement subject to final authorization by the Canadian Curling Association; and further That the funds required for the City's portion of the leasehold improvements be the first draw on the City's 1996 Capital Budget. (Action deferred and referred to the 1996 Budget deliberations.) 8. That we approve the request of the Toronto School of Business, on behalf of its students, for a $10.00 per bus pass subsidy, per student, per four month term, requesting such travel assistance. That City staff work with the K-W Humane Society in any way possible to reduce the cost of road closure on September 10, 1995, in conjunction with their dog walk and open house; and further COUNCIL MINUTES AUGUST ~1, 1995 - 349- CITY OF KITCHENER COUNCIL MINUTES AUGUST ~1, 1995 - 349- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That we approve an in-kind services grant for the K-W Humane Society for whatever City charges are incurred in connection with the street closure. 10. That we approve the request of the Kitchener-Waterloo Track And Field Association for a cash grant in the amount of $400.00 to assist four Kitchener athletes with travel expenses associated with their attendance at the Canadian Junior Championships held in Abbottssford, British Columbia, from July 27-30, 1995. 11. That no action be taken, at this time, on the request of Arts Express for a grant for their 1996 Summer Camp; and further That Arts Express apply for a 1996 grant through the City's normal grant process. 12. That, subject to obtaining the necessary licence, the Kitchener Junior "B" Dutchmen Hockey Club be permitted to sell Nevada tickets at the Kitchener Memorial Auditorium Complex during their regular season and play-off hockey games; and COMMUNITY SERVICES COMMITTEE - (CONT'D) 12. (Cont'd) That the Kitchener Jr. "B" Dutchmen Hockey Club be permitted to obtain the license on behalf of the Kitchener Minor Hockey Association and Kitchener Sports Association with the future approval of these groups, and share revenues as deemed appropriate; and That this arrangement be for a one year period, commencing September 1, 1995 to August 31, 1996, and be subject to review by the Community Services Committee after this period; and further That this recommendation be subject to the approval of the City's Licensing Division. 13. That we approve the request of the Kitchener Kieswetter Junior Womens Fastball Club for a cash grant in the amount of $300.00 to assist with their travel expenses to attend the Canadian Championship in Saskatoon, Saskatchewan, from August 6-13, 1995. 14. That the Mayor and Clerk be authorized to sign an agreement between the City and Design House for a three year term ending August 31, 1998, to grant Design House the exclusive right to sell advertising at the City's five community arenas and two public golf courses, all of which shall be to the satisfaction of the City Solicitor. 15. That consideration of the report of Mr. G. Kett, Division Manager, Golf Course and Cemetery Operations, dated July 31, 1995, concerning repairs to the Protestant Mausoleum at Woodland Cemetery be deferred to Capital Forecast discussions. 16. That where a major event requires additional staging to be added to the permanent stage in the Civic Square, no charge for the additional staging be made to the organization involved. COUNCIL MINUTES AUGUST ~1, 1995 - 350- CITY OF KITCHENER COUNCIL MINUTES AUGUST ~1, 1995 - 350- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 17. That the Central Frederick Neighbourhood Association be permitted to use Weber Park on August 20, 1995, for its 3rd Annual Summer Festival; and further That the City of Kitchener has no objection to a liquor licence being issued for this event. 18. That we send a tree planting crew to Goderich as a "Community Parks Week" initiative to assist in replanting approximately 1,000 trees lost during the July cyclone. 19. That a Division of Fire Communications be created, made up of full-time, uniformed, civilian members of KPFFA by hiring six dispatchers; and COMMUNITY SERVICES COMMITTEE - (CONT'D) 19. (Cont'd) That the six communications positions be filled through the elimination of four fire firefighter positions; and That a service level of a minimum of two dispatchers (at least one of which is a full-time dispatcher) be maintained at all times; and further That day shift supervision be temporarily achieved by transferring a Captain to the Communications Division for a least six months at which time supervisor options can be considered. 20. That the agreement with Brown's Fine Foods for concession rights at the Kitchener Memorial Auditorium Complex be adjusted to reflect a minimum guarantee payable as follows: 1994/1995 - $180,000, 1995/1996 - $185,000; and That the guarantee be reviewed and approved by the Community Services Committee on an annual basis during the term of the contract with the objective of re-establishing the $200,000 guarantee as soon as possible; and further That Brown's Fine Foods increase their contribution on all sales over $720,000 to 30% from the current rate of 25%. FINANCE AND ADMINISTRATION COMMITTEE - That consideration of the request from the Fire Department concerning the implementation of the 1995 Fire Station Relocation Study as outlined in correspondence from Fire Chief J. Hancock AUGUST 21, 1995 COUNCIL MINUTES - 351- CITY OF KITCHENER COUNCIL MINUTES AUGUST 21, 1995 - 351- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL dated August 8, 1995 be deferred and referred to the August 24, 1995 Council Pro-Forma Budget meeting. That further consideration of the appointment of a Corporate Communications Officer as outlined in the report of T. McKay dated July 21, 1995 be deferred and referred to the 1996 Budget deliberations. That Council approve Option B in the report of T. McKay dated July 21, 1995 relative to the formation of a Downtown Action Team, on the understanding that the Downtown Director is to be responsible for coordinating and supervising the work of the team, and further, That no action be taken at this time regarding the possible replacement of the Senior Economic Development Officer as a result of the transfer of G. Borovilos to the Downtown Action Team. (Carried on a recorded vote.) That the Downtown Action Team be located in the Council wing of City Hall with the renovations and administrative support as outlined in Schedule B of the report of T. McKay dated July 21, 1995. (Motion Lost on a recorded vote.) FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) That the Friends of Joseph Schneider Haus be granted permission to hold a raffle lottery in the City of Kitchener from October 23, 1995 to December 29, 1996. That consideration of the options and criteria outlined in the report of J. Koppeser dated July 27, 1995 relative to the location of hot dog carts on City property be deferred and referred to the September 18, 1995 Finance and Administration Committee meeting pending further input from the Parks and Recreation Department. That Council rescind its conditions relative to Demolition Control Application DC89/5/CL of October 23, 1989 regarding the demolition of 549, 557 and 565 King Street East, and further, That Council authorize the Mayor and Clerk to enter into a licensing agreement with Moling Inc. for redevelopment of the above property for interim use as a parkette as outlined in the draft agreement appended to Planning and Development report PD 95/34. That additional flag poles be erected in 1996 at the 25 facilities referenced in the report of L. Proulx dated June 28, 1995, and the cost of such purchase and installation as well as the purchase cost of flags and their replacement on an as required basis, be allocated to the Capital Contingency account for each of the respective facilities. 9. That as part of the City's continuing support of the Education Excellence Committee, Council AUGUST 21, 1995 COUNCIL MINUTES - 352- CITY OF KITCHENER COUNCIL MINUTES AUGUST 21, 1995 352- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL donate, to interested Kitchener schools, the surplus computer memorandum from L. Gordon dated July 5, 1995. equipment outlined in the 10. That Council endorse the resolutions of the Special Purpose Sub-Committee charged with reviewing the City's fire fighter hiring process as outlined in the report of D. Paterson dated August 2, 1995. 11. That Council accept the meeting and review dates for the 1996 Capital and Operating Budgets as appended to the August 14, 1995 Finance and Administration Committee agenda. LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE - That we approve the request of the owner to alter the designated property known municipally as 811 Bleams Road (J. Steckle Heritage Homestead) by constructing a stairway exiting the main barn in accordance with the drawings prepared by John Clinckett, Architect, Project No. 9516, dated 95 07 20. That we approve the request of the owner to construct a single family home on the property known municipally as 1404 Doon Village Road, located in the Upper Doon Heritage Conservation District in accordance with the plans presented to the Local Architectural Conservation Advisory Committee on August 4, 1995; and further LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE - (CONT'D) 2. (Cont'd) That the final colour selections be reviewed and approved by the Local Architectural Conservation Advisory Sub-committee prior to application of the materials. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - 1. That staff be authorized to proceed with the upgrading of the elevators in the Market Garage in conjunction with the reconstruction scheduled for 1996, and further, That the Capital Budget be increased by $112,000.00 to cover the costs of this portion of the work. That "key business indicators" be developed and used as a management reference for each of the major sections/divisions of the Public Works Department, and further, That, once established, the summary of such business indicators be incorporated into the Public Works Department Annual Report. That Kitchener Utilities offer a $100.00 rebate to residents of the City of Kitchener that have Plexvent, Selvent or Ultravent Venting Systems, which have been installed on a mid-efficiency furnace and decide to upgrade their furnace to a high efficiency model, and further, AUGUST ~1, 1995 COUNCIL MINUTES -353- CITY OF KITCHENER COUNCIL MINUTES AUGUST ~1, 1995 - 353- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That Kitchener Utilities not offer preferred financing for this furnace upgrade program, and further, That, if expenditures for this program exceed $10,000.00 in either 1995 or 1996 budget years, then a status report will be tabled with the Public Works and Transportation Committee. That angled parking be permitted on the north side of Heritage Drive from a point 103 metres west of Ottawa Street North, to a point 85 metres east of the east leg of Oakhurst Crescent, and further, That By-law No.94-101 be amended accordingly. That two (2) hour parking be permitted on the west side of Eby Street South from King Street East to Halls Lane, and further, That By-law No.94-101 be amended accordingly. That the one (1) hour time limit be changed to a two (2) hour time limit at the parking meters on King Street East between Pandora Avenue to Betzner Avenue, both sides, and further, That By-law No. 94-101 be amended accordingly. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) That an Adult Crossing Guard facility be established on Driftwood Drive at Royal Orchard Drive, effective September 5, 1995, and further, That the 1995 Operating Budget be adjusted to reflect an over-expenditure of $2,500.00, and further, That the following Action Plan for the 1995-96 elementary school year be accepted: The student safety patrol assisted school crossing at the intersection of Erinbrook Drive and The Country Way will be relocated from the west leg of the intersection to the east leg. The student patrol assisted school crossing at the intersection of Suffolk Avenue and Chelsea Road will be eliminated. The multi-media presentation entitled 'Heroes' will, again, be produced by the Trauma Reduction Injury Prevention and Safety Coalition and will be presented in early April 1996 at Waterloo Collegiate Institute. 4. The following locations will be reviewed following school commencement: a. Crossing Guard facility at Ottawa Street North and Weber Street. b. Pioneer Drive at Blessed Kateri School. c. Pioneer Drive at Doon Village Road. The distribution of school route maps to all elementary students will include an insert that addresses the stopping/parking problems that have been encountered. AUGUST ~1, 1995 COUNCIL MINUTES -354- CITY OF KITCHENER COUNCIL MINUTES AUGUST ~1, 1995 - 354- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL (As Amended) That the existing watermain on Battler Road be extended approximately 70 metres to provide municipal water to 1550 Battler Road, and further, That funding for city costs be provided from existing capital accounts in the Utilities Division, and further, That financial assistance in the form of a loan over a term and rate acceptable to the City's Finance Department be made available to the property owner(s) of 1550 Battler Road, the repayment of which may be made on regular water billings. That the City of Kitchener authorize the over-expenditure of $545,392.78 in additional monies from the Development Charge Fund in order to cover the cost of constructing Strasburg Road from its present terminus to Huron Road, and further, That Council authorize the expenditure from the Development Charge Fund of $20,640.30, which is included in the above estimate, for future service connections for Maple Leaf Foods Inc. that have to be placed under Strasburg Road now, with the understanding that these costs will be recouped from Maple Leaf Foods Inc. prior to any development taking place on their lands, and further, That Council authorize the City of Kitchener to enter into an Indemnity Agreement with Maple Leaf Foods Inc. in a form satisfactory to the City Solicitor so that grading work can be done adjacent to Strasburg Road on their property. COUNCIL MINUTES AUGUST 21, 1995 - 355 - CITY OF KITCHENER COMMITTEE OF THE WHOLE 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." REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Enqineerinq Aqreements It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Paragon Engineering Limited, regarding Laurentian Forest, Stage 1, 30T-88041." - and - "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Proctor and Redfern Limited, regarding Kilbasch Subdivision, Draft Plan 30T-93004." 2. Banner Requests It was resolved: "That in conjunction with its 40th Anniversary in May of 1996, Eastwood Collegiate Institute be granted permission to have a banner erected on King Street at Rockway Gardens as follows: Monday, December 11, 1995-Monday, January 1, 1996 inclusive and Monday, March 18, 1996-Monday, April 8, 1996 inclusive. Further, that arrangements be made with the City's Contractor for erection of the banner and the payment of any costs associated therewith." - and - "That in conjunction with Mental Health Week (May 6-12, 1996), the Canadian Mental Health Association be granted permission to have a banner erected on King Street at Frederick Street on Monday, April 22, 1996 to Sunday, May 12, 1996 inclusive. Further, that arrangements be made with the City's Contractor for erection of the banner and the payment of any costs associated therewith." 3. Desiqnation - K-W Oktoberfest It was resolved: "That K-W Oktoberfest to be held on October 6-14, 1995, be designated as a Civic Celebration Event pursuant to Section 542.3 of the City of Kitchener Municipal Code ad as a 'Community Festival' for Liquor Licence purposes." COUNCIL MINUTES AUGUST 21, 1995 - 356 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 4. Licenses It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Central Ontario Exhibition to conduct a Monte Carlo event at the Kitchener Memorial Auditorium, Kitchener, on July 12-16, 1995, inclusive." - 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 series of 'Early Bird' draws, in conjunction with the June 5, 1995 Council approval for a 'Dream Home' Raffle Lottery during the period of September 1995 through to January 1996, on the following dates: Friday, October 27, 1995; Friday, November 10, 1995; Friday, November 24, 1995; Friday, December 8, 1995; Friday, January 12, 1996, in the City of Kitchener with the draws to be held at the Club's office at 451 Ottawa Street, Kitchener." - and - "That J.M. Schneider's, 321 Courtland Avenue East, Kitchener be granted permission to operate a refreshment stand, in front of City Hall in Kitchener, on August 23, 1995, provided that the necessary Licence and Health and Fire approvals are obtained." - and - "That the City of Kitchener has no objection to a Licence being issued to the Kitchener- Waterloo Track and Field Association, 42 Covington Crescent, Kitchener, Ontario, N2N 2X2, to conduct a Raffle Lottery at Centennial Stadium, 400 East Avenue, during the 1996 Canadian National Junior and Senior Track and Field Championship on August 9-11, 1996." - and - "That the City of Kitchener has no objection to a Monte Carlo Licence being issued to the Kitchener-Waterloo Oktoberfest Inc. as part of their Oktoberfest festivities at Bingeman Park, 1380 Victoria Street North, Kitchener, on October 6-14, 1995 subject to the proceeds being used for charitable purposes." - and - "That the City of Kitchener has no objection to a Monte Carlo Licence being issued to the Kitchener-Waterloo Oktoberfest Inc. as part of their Oktoberfest festivities at the Valhalla Inn, 105 King Street East, Kitchener, on October 6-14, 1995 subject to the proceeds being used for charitable purposes." - and - "That the Waterloo Region Planning and Engineering Co-Ed Slo-Pitch League, Kitchener be granted permission to operate a refreshment stand, during their annual tournament held at the South-West Optimists Sportsfield at the corner of Homer Watson Boulevard COUNCIL MINUTES AUGUST ~1, 1995 - 357- CITY OF KITCHENER COUNCIL MINUTES AUGUST ~1, 1995 - 357- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES AUGUST 21, 1995 - 357 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 4. Licenses (Cont'd) and Pioneer Drive, Kitchener, on August 26 & 27, 1995, provided that the necessary Licence and Health and Fire approvals are obtained." - and - "That Electrohome Limited, 809 Wellington Street North, Kitchener be granted permission to operate a refreshment stand, in the parking lot at 809 Wellington Street North on September 16, 1995, provided that the necessary Licence and Health and Fire approvals are obtained." - and - "That the 32nd Kitchener Scouts be granted permission to operate a refreshment stand, during mass swim registration at Forest Heights Pool, the morning of September 9, 1995, provided that the necessary Licence and Health approvals are obtained." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Waterloo Halton Region Royal Purple Lodge #356, 8-1200 Courtland Avenue East, Kitchener to conduct a Monte Carlo event at the Edelweiss Tavern, 600 Doon Village Road, Kitchener on September 21-23, 1995, inclusive." - 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 Holiday Inn, 30 Fairway Road, Kitchener on October 10-12, 1995, inclusive." - and - "That the K-W Kweens of the Kitchener Waterloo Skating Club be granted permission to operate a refreshment stand at Zehr's Hiway, October 26-28, 1995, provided that the necessary Licence and Fire and Health approvals are obtained." - and - "That the Kitchener-Waterloo Skating Club, 99 Seagram Drive, Waterloo, be granted permission to conduct bingos on an ongoing basis at 1356 Weber Street East, Kitchener." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to Habonim Dror of Waterloo, to conduct a Monte Carlo event at the Best Western Walper Terrace Hotel, 1 King Street West, Kitchener, on October 12-14, 1995, inclusive." COUNCIL MINUTES AUGUST ~1, 1995 - 358- CITY OF KITCHENER COUNCIL MINUTES AUGUST ~1, 1995 - 358- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Support Clusters Network of Ontario, to conduct a Monte Carlo event at the Turf Club, 4278 King Street East, Kitchener on October 27-29, 1995, inclusive." - and - COUNCIL MINUTES AUGUST 21, 1995 - 358 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 4. Licenses (Cont'd) "That St. Matthew's Lutheran Church Youth Group be granted permission to operate a refreshment stand at Zehr's Hiway, August 18-20, 1995, provided that the necessary Licence and Fire and Health approvals are obtained." 5. Minutes of Settlement - J.M. Schneider Inc. It was resolved: "That the Mayor and Clerk be authorized to sign the 'Minutes of Settlement' as it relates to the assessment appeal launched by J.M. Schneider Inc. and settled by the Regional Assessment Commissioner for Region #21 and solicitors for J.M. Schneider Inc." 6. Appointment - North Waterloo Housinq Authority It was resolved: "That Sybil Frenette continue as the City's representative on the North Waterloo Housing Authority for a term to expire October 31, 1997. And further, that this appointment become effective immediately." 7. Appointment -AMO Larqe Urban Section It was resolved: "That Tom McKay, Chief Administrator, be appointed to serve as the City of Kitchener's representative on the Executive Committee of the Large Urban section of the Association of Municipalities of Ontario for the 1995-1996 term." 8. Appointments - Intercommunity Health Centre It was resolved: "That Councillors M. Yantzi and K. Redman be appointed as Council's representatives on the Steering Committee to establish an Intercommunity Health Centre in Downtown Kitchener." AUGUST ~1, 1995 COUNCIL MINUTES - 359- CITY OF KITCHENER COUNCIL MINUTES AUGUST ~1, 1995 - 359- CITY OF KITCHENER 10. 11. REPORTS ADOPTED BY COUNCIL Consent to a Mortqaqe - 650 Riverbend Drive It was resolved: "That the City consent to a mortgage from lan Cook Construction Limited to Laurentian Bank of Canada for the property described as Parts 1,2 & 3 on Reference Plan 58R-9592 and municipally known as 650 Riverbend Drive, Kitchener." Tenders Dealt with under delegations. Minor Variance - Municipal Code, Chapter 680 (Siqn) It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of July 11, 1995, recommending approval of Submission No.'s S 11/95 - COUNCIL MINUTES AUGUST 21, 1995 - 360 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER- CONT'D 11. Minor Variance - Municipal Code, Chapter 680 (Siqn) (Cont'd) 350151 Ontario Ltd., S 12/95 - Ross Dixon Financial Services and S 13/95 - Keybrand Foods Inc. - Be Ratified and Confirmed." 12. Minor Variance - Municipal Code, Chapter 630 (Fence) It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of July 11, 1995, recommending approval of Submission No.'s F 4/95 - Allan & Linda Dickson and F 5/95 - Ronald & Sandra Ward - Be Ratified and Confirmed." 13. Natural Gas Buses Council was in receipt of a memorandum from B. Gulliver, Director of Fleet, dated August 16, 1995 recommending extension of a previously approved bus tender to include C.N.G. engines. In response to a question from Councillor J. Ziegler, Mr. B. Gulliver clarified that the $3,000,000.00 cost associated with the C.N.G. Fuelling Station includes upgrades to the garage. In response to a further question from Councillor T. Galloway, Mr. Gulliver advised that he anticipates future capital subsidies from the Province will be reduced from 75% to 50% levels. Councillor Galloway suggested that the reduction is directly attributable to the City's ownership of a gas utility. Councillor T. Galloway indicated his surprise over the cost of the C.N.G. Fuelling Station and asked whether there would be a financial benefit in delaying purchase pending a reduction in cost. Mr. B. Gulliver replied that the proposal is cost effective at this time based solely on the significant number of replacement buses. Mr. E. Kovacs, General Manager of Public Works, further clarified that he does not anticipate any new technology in the near future for this type of fuelling station which would significantly reduce the cost. Councillor Jake Smola inquired as to the reliability of the Detroit C.N.G. engine, and Mr. Gulliver acknowledged that the City would be taking a risk in this regard as there is little data on the durability of this type of engine. It was resolved: "That the bus tender approved on May 23, 1995 be extended to include C.N.G. engines at an additional cost of $66,000 per bus for 23 buses. That we proceed to obtain proposals for the installation of the C.N.G. refuelling station at Kitchener Transit and that the M.T.O. funding proposal as outlined be accepted. Further, that an additional $900,000 be allocated to the 1995/96 capital budget." 14. Applications for Cancellation, Refund, Reduction or Levy of Taxes - Auqust 21, 1995 Hearinq It was resolved: "That the applications attached hereto and forming part of these minutes relative to cancellation, reduction, refund or levy of taxes be disposed of as recommended therein." Councillor J. Ziegler disclosed a conflict of interest and abstained from all discussion and voting with regard to Item Nos. 160 and 161, as he is the owner of the property at 3171 King Street East. COUNCIL MINUTES AUGUST 21, 1995 - 361 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER- CONT'D 15. F.C.M. Emerqenc¥ Resolution - Internal Trade Requlations Council was in receipt of correspondence from Mayor Richard D. Christy dated August 18, 1995. It was resolved: "That the resolution adopted by the City of New Westminster, British Columbia, on May 29, 1995 relative to Internal Trade Regulations, and which was dealt with by the Federation of Canadian Municipalities as an emergency resolution, be endorsed by the Council of the City of Kitchener, and further, That the Mayor write to the Premier of Ontario expressing the City's concern with regard to the application of Chapter 5 of the Agreement on Internal Trade and the cost to municipalities of complying with rules that require national advertising, special reporting procedures and a dispute settlement arrangement." 16. Monte Carlo Events - Kiwanis Kavaliers Council was in receipt of various items of correspondence from Mrs. J. Koppeser, Manager of Licensing, dated August 21, 1995. It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Kiwanis Kavaliers to conduct a Monte Carlo event at the Edelweiss Tavern, 600 Doon Village Road, Kitchener, on October 13-15, 1995, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Kiwanis Kavaliers to conduct a Monte Carlo event at the Holiday Inn, 30 Fairway Road, Kitchener, on September 15-17, 1995, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Kiwanis Kavaliers to conduct a Monte Carlo event at the Howard Johnson, 1333 Weber Street East, Kitchener, on September 8-10, 1995, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Kiwanis Kavaliers to conduct a Monte Carlo event at the Holiday Inn, 30 Fairway Road, Kitchener, on November 10-12, 1995, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Kiwanis Kavaliers to conduct a Monte Carlo event at the Edelweiss Tavern, 600 Doon Village Road, Kitchener, on November 16-18, 1995, inclusive." 17. Encroachment Aqreement - 11 Van Camp Avenue Council was in receipt of a memorandum from Ms. L. MacDonald, Assistant City Solicitor, dated August 20, 1995. COUNCIL MINUTES AUGUST 21, 1995 - 362 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER- CONT'D 17. Encroachment Agreement - 11 Van Camp Avenue (Cont'd) It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner(s) of Part of Lot 24, Registered Plan 207 and Part of Block 'C', Registered Plan 230, municipally known as 11 Van Camp Avenue, to legalize an existing cedar hedge as it encroaches 9.7 feet, more or less, at the greatest point, into the Spadina Road road allowance." 18. Mortgage Consent - 121 Washburn Drive Council was in receipt of correspondence from Mr. J. Shivas, City Solicitor, dated August 17, 1995. It was resolved: "That the City consent to a mortgage from 1106305 Ontario Limited to RoyNat Inc. for the property described as Part 13 on Reference Plan 58R-7426 and municipally known as 121 Washburn Drive, Kitchener." 19. Agreement of Purchase and Sale - 525 Bridge Street East (Bridgeport Industrial Park) Council was in receipt of correspondence from Mr. J. Shivas, City Solicitor, dated August 21, 1995. It was resolved: "That, with respect to the property described as Part 2, Plan 58R-4901 and municipally known as 525 Bridge Street East, the City: Consents to the November 29, 1990 mortgage registered as Instrument #1061287 in favour of the Bank of Montreal, and consents to the transfer by Power of Sale from the Bank of Montreal to the Brahmarishi Mission of Canada Inc.; Confirms that the property complies, as of this date, with the restrictive covenants as set out in Instrument #868400; That the Mayor and Clerk be authorized to execute the transfer from the Bank of Montreal to the Brahmarishi Mission of Canada Inc., waiving from the original transfer from the City, registered on September 26, 1986 as Instrument #868400, the restrictions set out in Section 2(a) (first sentence only), (b) and (c) and the restrictive covenant following Section 6 which provides for the construction of a building of approximately 20,000 square feet for an industrial use within one (1) year from closing." Councillor Jake Smola disclosed a conflict of interest and abstained from all discussion and voting concerning the Agreement of Purchase and Sale for 525 Bridge Street East, as an immediate relative is employed by the Bank of Montreal, which has an interest in the subject property. 20. Settlement - Platinum Software Canada Limited It was resolved: "That the City accept the offer of Platinum Software Canada Limited set out in the August 21, 1995 letter of its Solicitor, Mr. Bruce McWilliam, to refund the sum of AUGUST 21, 1995 COUNCIL MINUTES - 363 - CITY OF KITCHENER 20. 21. COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D Settlement - Platinum Software Canada Limited (Cont'd) $365,000.00 to the City in full and final settlement of the contractual dispute respecting the development of Utilities Management and Tax Administration Systems, and further, That the Mayor and Clerk be authorized to execute a settlement and release agreement which meets the approval of the City Solicitor." Aqreement - Kitchener Public Library It was resolved: "That the existing arrangement with the Kitchener Public Library relating to the operation of the Government Bookstore in Kitchener City Hall be amended to provide for: a) an extended line of credit of $175,000.00; b) interest forgiveness on the loan from January 1, 1995 to December 31, 1997."