Loading...
HomeMy WebLinkAboutCouncil Minutes - 1995-10-10COUNCIL\1995-10-10 OCTOBER 10, 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 those in attendance, lead by Councillor Jake Smola. Mayor R. Christy introduced a delegation comprised of elected officials of German municipalities visiting the City in conjunction with Oktoberfest celebrations. The delegation and Mayor Christy exchanged gifts in recognition of the visit. Mayor R. Christy presented Councillor Jake Smola with a book commemorating the anniversary of Frankenmuth, Michigan, and asked that it be passed on to the Kitchener Public Library. Councillor Jake Smola thanked Mayor Christy for the contribution and advised that he would pass the volume on to the Library's Chief Executive Officer. Mayor R. Christy announced that the City of Kitchener float had won the Harvest Award for best Commercial Float in the recent Oktoberfest Parade. In the spirit of the Thanksgiving Holiday, Mayor Christy also thanked the volunteers, staff and Council of the City of Kitchener for their efforts on behalf of the municipality. On motion by Councillor T. Galloway, the minutes of the regular meeting held September 25 and special meeting held October 2, 1995, as mailed to the Mayor and Councillors, were accepted. A. Communications - N I L Mr. L. Gordon, Manager of Purchasing, appeared as a delegation to answer any questions regarding the tender listed on the Committee of the Whole agenda of this date. No questions were forthcoming. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler "That tender T95-50, Strasburg Road Extension (145 M South of Battler Road to Templewood Drive), be awarded to E & E Seegmiller Limited, Kitchener, at their tendered price of $1,421,333.46 including G.S.T." Carried. Ms. Corrine Moser appeared in support of the Committee of Adjustment recommendation concerning Submission F 8/95. Moved by Councillor T. Galloway Seconded by Councillor G. Lorentz "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council on October 3, 1995, recommending approval of Submission No.F 8/95 - Corrine Moser -Be Ratified and Confirmed." Carried. Victor and Yvonne Judar appeared in opposition to the recommendation of the Committee of Adjustment concerning Submission No. F 7/95. Mr. V. Judar advised of his concern that the Committee's decision to refuse his application for a minor variance was based on the fact that the proposed fence "would not look right". He referred to a petition circulated to neighbouring residents who had indicated no objection to the appearance of the fence. Mr. Judar also pointed out that neither Planning and Development nor Traffic and Parking staff had expressed concern over the application given the proposed 10 foot setback. Ms. Yvonne Judar advised that she took exception to disparaging comments she alleged were made by the Committee concerning the appearance of her property and use of the garage. Councillor G. Lorentz indicated that he has known the Judars for some time and has worked with them in the past. He also noted that City staff were in support of the application. Councillor Lorentz advised that he disagrees with the recommendation of the Committee of Adjustment, and suggested that some of the comments made by the Committee were inappropriate and irrelevant to the issue of whether the variance is minor in nature. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler COUNCIL MINUTES OCTOBER 10, 1995 - 438- CITY OF KITCI:IENER "That the application of Victor and Yvonne Judar requesting permission to locate a 1.52 metre (5 foot) high fence 3.04 metres (10 feet) from the property line along Queen's Boulevard rather than the required 4.5 metres (15 feet) on Lot 132, Registered Plan 1324, 1454 Queen's Boulevard, Kitchener, Ontario, be approved as submitted." Carried. Mr. William Goodall, MacNaughton Hermsen Britton Clarkson, was in attendance in support of clause 5 of the Planning and Economic Development Committee report of this date respecting a Rental Housing Protection Act Application and Demolition Control Application involving properties on Glasgow and Park Streets. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That clause 5 of the report of the Planning and Economic Development Committee of this date be adopted." Carried. Mr. Laurence Hackbart appeared on behalf of his parents, the owners of 35 Ottawa Street N, in opposition to clause 4 of the Planning and Economic Development Committee report of this date dealing with a Demolition Control Application for 23 & 27 Ottawa Street N. Mr. Hackbart noted that his parents have withdrawn their objection to the demolition, but wish to be included in some of the landscaping decisions. Mr. Hackbart also referred to comments made by his father to the effect that the Kitchener Mennonite Brethren Church was built in 1950 with sufficient parking at that time and subsequently had three or four additions which have reduced available parking. Mr. Hackbart suggested that the Council of the day may have been told that overflow parking could be accommodated in Eastwood Square, which the Church is now saying is impractical. He stressed that approval of these additions has created the existing parking problem. Councillor M. Wagner questioned whether the Hackbarts would be satisfied if they were informed and included in any future discussions involving development of the property. Mr. Hackbart replied in the affirmative and Councillor Wagner asked that the recommendation be amended to indicate this arrangement. Councillor K. Redman asked for a further amendment extending the same opportunity to other neighbouring property owners, notably those at 31 Ottawa Street N. Council accepted the suggestions of Councillors M. Wagner and K. Redman as friendly amendments to clause 4 of the Planning and Economic Development Committee report of this date. Mr. Hackbart suggested that the initial cause of this disagreement was the failure of the Church to approach property owners concerning its planned demolitions and redevelopment of the site. Mr. T. McCabe clarified that all plans must be submitted to the satisfaction of the Planning and Economic Development Department before any demolition permit is issued and that Planning staff will undertake to advise the property owners in this regard. He pointed out that the original church was built with little or no parking and that at the time parking requirements for additions related only to the number of seats in the sanctuary. 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, as amended." Carried. Ms. Mariel Davison appeared on behalf of Mothers and Others Making Change to request Council's support of the "Have a Heart of Gold Campaign" to appeal some of the Province's recent decisions regarding social assistance cuts. Ms. Davison referred to the congratulatory note routinely sent out to new parents by the municipality, which she interpreted as acknowledging the importance of children in the community. She advised that she had spoken to M.P.P. Wayne Wettlaufer about the proposed cuts and their impact on the children of mothers on social assistance. Ms. Davison stressed that she is in OCTOBER 10, 1995 COUNCIL MINUTES - 439- CITY OF KITCI:IENER attendance tonight to give a voice to these children. Ms. M. Davison stated that recipients of social assistance who are presently enrolled in job training programs were told during the election that such enrollment would exempt them from the 21% cut in social assistance. She advised that Premier Mike Harris also promised during the election campaign that women on assistance who have children under the age of three would also be exempted. Ms. Davison outlined the background to the "Have a Heart of Gold Campaign" and its two guiding principles; namely, that every child in the Province has the basic and fundamental right to food and shelter as well as the right to be accepted, welcomed and nurtured in both the Province and this community. She noted that there will be an appeal to Premier Harris to honour his election promises concerning exemptions to social assistance cuts on compassionate grounds, given the impact on children. In response to a question from Mayor R. Christy, Ms. Davison advised that to date Mr. Wettlaufer was the only local M.P.P. who has indicated a willingness to discuss the issue and that she has also taken her concerns to the Minister of Social Services. She advised that she has not to date approached Regional Council. Ms. Davison advised that she is compiling a letter to Premier Harris and asked that Mayor R. Christy be the first to sign on behalf of children in the municipality. The letter referred to by Ms. Davison was circulated and signed by Mayor R. Christy. Councillor K. Redman pointed out that social services are the mandate of the Region of Waterloo and that this issue might be more appropriately directed to the Health & Social Services Committee as a first step. Councillor M. Wagner questioned whether Mayor R. Christy is signing on his own behalf or on behalf of Council, and Mayor Christy replied that he is signing in his capacity as Mayor. Councillor G. Lorentz asked for clarification of comments made by Ms. Davison regarding the Minister's position on the exemptions referred to. Ms. Davison replied that she is uncertain what the Social Services Minister will announce relative to job training programs, and this is why she is asking for an immediate announcement. Mayor R. Christy suggested that the request be forwarded to the Regional Health & Social Services Committee, and also that he was willing to make mention of the concerns expressed by the delegation in a separate letter he will be sending to Premier Harris in the near future. Councillor M. Yantzi pointed out that the principles referred to in Ms. Davison's submission are basic and apply to all levels of government. He suggested that Council act to affirm these principles, ensure that they are followed in making decisions at the municipal level, and also encourage the Province to take the same position. Councillor J. Ziegler indicated that he is in agreement with the general principles referred to by Councillor Yantzi; however, he is not prepared to support the appeals to Premier Harris referred to by the delegation. Moved by Councillor M. Yantzi Seconded by Councillor K. Redman "That Kitchener Council adopt the following guiding principles relative to its decision making processes; namely, that every child in the Province of Ontario has the basic and fundamental right to food and shelter, as well as the right to be accepted, welcomed and nurtured in this Province and this community." Carried. Mr. Tim Harden, Chairman, Arrangements Committee, Central Ontario Mission, was in attendance to answer any questions concerning clause 6 of the Community Services Committee report dealing with a grant to the 1996 Central Ontario Mission. Councillor J. Ziegler drew Council's attention to the additional information provided by Mr. K. Baulk, Division Manager, Kitchener Memorial Auditorium, which indicates an event budget in excess of $250,000 and the anticipated spinoff benefits for the community. Councillor Ziegler noted that he is satisfied with the additional information. Council acceded to the request of Councillor G. Lorentz that clause 6 be amended to indicate approval of the grant and to remove references to the Council meeting of this date and the request for additional information. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That clause 6 of the Community Services Committee report of this date be adopted, as amended." Carried. COUNCIL MINUTES OCTOBER 10, 1995 - 440- CITY OF KITCI:IENER 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." Council agreed, at the request of Councillor Jake Smola, to amend clause 1, subsection 3 (Membership and Organization) to include one representative from the Kitchener Public Library. The report was then voted on clause by clause. Clause 1 - Carried, As Amended. Clause 4 - Dealt with under Delegations and Carried, As Amended. Clause 5 - Dealt with under Delegations and Carried. Balance of report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee of this date be adopted." Voted on clause by clause. Amended. Clause 6 - Dealt with under Delegations and Carried, As Balance of report - Carried. Moved by Councillor J. Ziegler Seconded by Councillor Jake Smola "That the report of the Finance and Administration Committee of this date be adopted." Councillor B. Vrbanovic disclosed a conflict of interest and abstained from all voting and discussion concerning clause 5 as his wife is employed in the City's Information Technology Division. Councillor Jake Smola and G. Lorentz asked that clauses 4 and 1 be dealt with separately and a recorded vote was requested relative to clause 1. With respect to clause 1, Councillor C. Weylie advised that Mrs. J. Koppeser, Manager of Licensing, had indicated that Waterloo Regional REACT has submitted an application (item 2c of the Committee of the Whole agenda) for a Monte Carlo event on the same dates and at the same Kitchener location as the Waterloo Minor Ringette Association. Councillor Weylie suggested that REACT would be the more appropriate group given the existing policies of both Kitchener and Waterloo and the fact that it services both cities. A recommendation relative to the REACT application is listed as clause 2 (c) of the Committee of the Whole agenda of this date. With regard to clause 4 concerning the recommendation to waive development charges in the Downtown, Councillor Jake Smola enquired whether other municipalities have waived development charges. Ms. V. Gibaut replied in the affirmative, noting that staff have conducted a survey in this regard, and that she will provide a copy to Councillor Jake Smola. Councillor M. Wagner noted that the Adaptive Re-Use Committee could also recommend similar development charge exemptions for buildings outside of the Downtown area based on individual circumstances. Mr. T. McCabe pointed out that in future Council can consider other exemptions as the legislation allows for these on the basis of type and location. The report of the Finance and Administration Committee was then voted on clause by clause. Clause 1 - Carried, on a recorded vote. OCTOBER 10, 1995 COUNCIL MINUTES -441- CITY OF KITCI:IENER In Favour: Mayor R. Christy, Councillors K. Redman, B. Vrbanovic, T. Galloway, C. Weylie and Jake Smola. Contra: Councillors John Smola, G. Lorentz, M. Yantzi, J. Ziegler and M. Wagner. Clause 4 & 5 - Carried. Balance of report - Carried. Recorded conflicts and abstentions - Clause 5 - Councillor B. Vrbanovic as his wife is employed in the City's Information Technology Division. Mr. Chad Krulicki appeared on behalf of the proponents of the Student-Run Coffee House at 70 Joseph Street. He thanked Council for their support of the proposal to date as well as individual City staff including Jodi Murray, Laurier Proulx, Bruce Davey and Mark Kemerer. Mr. Krulicki asked that Jodi Murray be assigned as a permanent liaison. Mr. Krulicki advised that the Coffee House is currently operating at 50% capacity and is covering its operating expenses. He noted that turnout has exceeded expectations and that support by the Waterloo Regional Police has been excellent. Mr. Krulicki asked for Council's assistance with the cost of heating the Coffee House during the winter; specifically, that they provide and install a gas furnace and water heater. It was noted in the agenda that Councillor K. Redman had given written notice that she would introduce a Motion for Reconsideration this date relative to Council's July 4, 1995 resolution concerning the Student Coffee House proposal. Moved by Councillor K. Redman Seconded by Councillor G. Lorentz "That Council reconsider its July 4, 1995 resolution relative to the Student Coffee House proposal." Councillor K. Redman advised that in the event the Motion to Reconsider is passed, she would introduce a motion to lengthen the trial period for the Coffee House from three to six months. Mr. J. Shivas commented that the present licensing agreement would expire on October 31, 1995 with an option to renew for an additional term ending in October, 1996. Councillor J. Ziegler advised that he would not hesitate to extend the existing agreement, provided the Coffee House pays for all natural gas used in heating the building and the water. Under this arrangement the City would install a gas furnace and water heater. He also pointed out that there is presently a recommendation concerning the licensing agreement listed as item 9 on the Committee of the Whole agenda of this date. The previous motion by Councillor K. Redman, seconded by Councillor G. Lorentz to reconsider Council's July 4, 1995 resolution on the Student Coffee House proposal was voted on and Carried with the required two-thirds majority. Moved by Councillor K. Redman Seconded by Councillor G. Lorentz "That the Council resolution of July 4, 1995 relative to the Student Coffee House proposal be amended to provide that the trial period be six months, effective this date, rather than the existing three months." Councillor B. Vrbanovic pointed out that the motion put forward by Councillor K. Redman is similar to item 9 (a) of the Committee of the Whole agenda of this date. OCTOBER 10, 1995 COUNCIL MINUTES - 449- CITY OF KITCI:IENER The motion by Councillor K. Redman, seconded by Councillor G. Lorentz to extend the trial period for the Coffee House was voted on and Carried. Councillor J. Ziegler put forward a motion, seconded by Councillor M. Yantzi, that item 9(b) of the Committee of the Whole agenda of this date be adopted. Councillor K. Redman suggested that it is inappropriate for the City to charge a rental fee for the furnace and the hot water heater on the basis that it is the building landlord and should not rent the facility in the winter without proper heat. Councillor Jake Smola expressed concern that providing a furnace may also oblige the City to undertake further leasehold improvements since the structure is poorly insulated. Mr. T. Clancy outlined a number of possible building improvements which have been discussed in the past involving installation of a drop ceiling, reconstruction of the sub-floor and the possible replacement of existing windows. He offered the opinion that with the exception of window replacement, interior work could be undertaken without a great deal of expense, though the cost of replacing window units is problematic. He also pointed out that the initial business plan dealt with a three month trial period and it would appear that no firm decision was made on operating the Coffee House year round. Councillors J. Ziegler and M. Yantzi accepted, as a friendly amendment, a request from Councillor K. Redman that the motion on the floor be amended to reflect that the licensees would be responsible only for the cost of natural gas to heat the premises and generate hot water and not rental fees for the furnace and water heater. Councillor Jake Smola cautioned that additional funding would likely be required in the future to upgrade the building, since it makes little sense to install a furnace in a structure that is poorly insulated. He pointed out that to date the City has already given generous financial support to the project and suggested that the Coffee House may only be viable as a seasonal operation. Councillor M. Yantzi argued that the project has generated goodwill, the value of which is more than the $10,000 contribution the City has made for building improvements. He pointed out the closing of the building over the winter would have a negative impact on these improvements and suggested that the municipality should provide a furnace and water heater free-of-charge. Mayor R. Christy vacated the Chair and left the meeting, and Councillor T. Galloway assumed the Chair in his capacity as Acting Mayor. Councillor K. Redman reminded Council that the Coffee House proponents had scrounged an electrical furnace but due to the poor insulation, it proved too expensive to operate. She agreed that some sort of insulation is required, but that the operators and sponsors should address this. She offered the opinion that installing a furnace is a sound compromise and that failure to support the project now could result in its failure. Councillor M. Wagner clarified that in his opinion, leasehold improvements are a separate issue, and Councillor Jake Smola added that in his estimation these could cost in excess of $20,000. The following motion was then voted on. A recorded vote was requested. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That the Licence Agreement dated July 27, 1995 with Glen Soulis, Harold Soulis, Chad Krulicki and Jeff Oke to operate a Coffee House at 70 Joseph Street be renewed on the same terms and conditions as set forth therein, subject to the amending of section 4(1) of the agreement to specify that the licensees are responsible for all utilities relating to the premises, including natural gas to heat the premises and generate hot water." In Favour: Councillors T. Galloway, K. Redman, M. Wagner, M. Yantzi, John Smola, B. Vrbanovic, J. Ziegler, G. Lorentz and C. Weylie. Contra: Councillor Jake Smola. Carried. Councillor J. Ziegler referred to the placement of mobile signs which require a 10 foot setback, and noted that in his observation none of the signs indicate that the owners have obtained the pre-requisite licence. Mr. T. McCabe replied that staff are not aggressively enforcing the sticker requirement relative to proof of licence, but are enforcing the setback in view of safety concerns. Councillor Ziegler asked whether there is any penalty for owners who continue to disregard the setback and the licence requirement and Mr. OCTOBER 10, 1995 COUNCIL MINUTES - 443- CITY OF KITCI:IENER McCabe replied that staff are still awaiting the shortform wording and at present would have to take the owner to Court. In response to a further question from Councillor Ziegler, Mr. McCabe advised that the City could revoke the permit for non-compliance. Councillor Ziegler asked that staff be instructed to enforce the mobile sign provisions. Mr. McCabe replied that the proof of licence is not being enforced due to physical problems with the sticker adhering to the sign unit, but that he was prepared to have a full discussion with staff. Councillor Jake Smola enquired into recent instances involving installation of City water shutoff gates in the driveways of new properties, and asked for a staff report in this regard. He indicated his personal preference that the gates be located only on front lawns. Mr. E. Kovacs replied that a report is being prepared by staff for consideration at a future Public Works and Transportation Committee meeting. Moved by Councillor G. Lorentz Seconded by Councillor Jake Smola "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend By-law No.85-1 - City of Kitchener - Westmount Road West, Highland Road West, Winslow Drive and Queen's Boulevard - No. 95/19/SM/BN (b) Being a by-law to amend By-law No. 85-1 - Hurox Holdings and City of Kitchener - Pinnacle Drive - No. 94/23/P/ZJ (c) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement (d) To confirm all actions and proceedings of the Council and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion the Council resolved itself into the Committee of the Whole to consider its agenda and Acting Mayor T. Galloway appointed Councillor B. Vrbanovic as Chair. On motion the Council rose from the Committee of the Whole and Acting Mayor T. Galloway occupied the Chair. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Redman "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes, are hereby adopted and confirmed." Carried. Moved by Councillor G. Lorentz Seconded by Councillor Jake Smola "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to amend By-law No.85-1 - City of Kitchener - Westmount Road West, Highland Road West, Winslow Drive and Queen's Boulevard - No. 95/19/SM/BN (By-law No. 95-139) (b) Being a by-law to amend By-law No. 85-1 - Hurox Holdings and City of Kitchener - Pinnacle Drive - No. 94/23/P/ZJ (By-law No. 95-140) (c) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding OCTOBER 10, 1995 COUNCIL MINUTES - 444- CITY OF KITCI:IENER By-law Enforcement (d) To confirm all actions and proceedings of the Council (By-law No. 95-141 ) (By-law No. 95-142) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned. Carried. MAYOR CLERK PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - That Kitchener City Council adopt the revised Terms of Reference of the Kitchener Downtown Action Committee adopted by the Committee at their meeting of September 14, 1995, and further, That the existing Kitchener Downtown Action Committee Terms of Reference, City of Kitchener Council Policy Manual No. 1-90, be repealed and replaced with the new Terms of Reference of the Kitchener Downtown Advisory Committee as outlined hereunder: KITCHENER DOWNTOWN ADVISORY COMMITTEE TERMS OF REFERENCE 1.0 2.0 3.0 PURPOSE AND SCOPE 1.1 The Kitchener Downtown Advisory Committee is an Advisory Committee reporting directly to Council or to the appropriate Standing Committee. 1.2 The Kitchener Downtown Advisory Committee will consider the downtown in its broadest context to include a downtown community made up of three concentric areas: a commercial core defined by Charles Street, Cedar Street, Weber Street and Victoria Street, a ring of adjacent inner city neighbourhoods comprised of the Civic Centre, Central Frederick, King East, Cedar Hill, Victoria Park and Mill Courtland neighbourhoods; and an inner city area bounded by the Conestoga Expressway, The City of Waterloo and Westmount Road. As such the Committee mandate will cover all matters that impact on the Downtown including: environment and physical image; arts, culture, heritage and entertainment; marketing and business development; media and community relations; safety; housing; neighbourhood and community development; and transportation and parking. RESPONSIBILITIES 2.1 To hear delegations, review reports on any subject falling within the Committee's mandate and, where appropriate, to advise Council directly or through the appropriate Standing Committee. 2.2 To oversee and administer the Downtown Kitchener Community Strategic Plan including its implementation and long term maintenance and review. 2.3 To provide liaison between the City and the Community concerning all matters relating to the Downtown Community. 2.4 To promote and initiate short-term, intermediate and long-term proposals, programs and projects for the strengthening and enhancement of the Downtown. MEMBERSHIP AND ORGANIZATION 3.1 Membership on the Committee shall be as follows: Mayor Ex Officio 5 Members of Council 5 Reps - Chairman and 4 Members of Kitchener Downtown Business Association 1 Rep - Senior Citizens 1 Rep - Kitchener Downtown Churches PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 1. Cont'd 1 Rep - Social Planning Council of Kitchener-Waterloo 1 Rep - Affordable Housing 1 Rep - Physically Challenged OCTOBER 10, 1995 COUNCIL MINUTES - 446- CITY OF KITCI:IENER COUNCIL MINUTES OCTOBER 10, 1995 - 446- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL 1 Rep - From each of: a) Cedar Hill Neighbourhood Association b) Central Frederick Neighbourhood Association c) King Street East Neighbourhood Association d) Civic Centre Neighbourhood Association e) Mill Courtland Neighbourhood Association f) Victoria Park Neighbourhood Association 1 Rep - City of Kitchener Arts & Culture Advisory Committee 1 Rep - Kitchener-Waterloo Multicultural Centre 1 Rep -Waterloo Regional Police 1 Rep - Kitchener Public Library 3.2 The Committee shall, from amongst their members, annually choose a Committee Chairman who must be a member of Council and a Vice-Chairman. 3.3 Minutes will be kept of each meeting with secretarial services provided by the staff of the Department of Planning and Development. 3.4 Meetings will be held monthly or as called by due notice. (As Amended) 1) That the Department of Planning and Development be directed to consider the issue of new community trails as part of the comprehensive review of public notification and participation procedures and as an interim measure be directed to include community trails on plans of subdivision where the location of such trails are known at this stage of the planning process. 2) That the cost of construction of community trails within new plans of subdivision be reviewed as a component of the Development Charge Bylaw for inclusion in the 1996 By- law and further, that when there are insufficient funds available to the City to construct community trails at the time new plans of subdivision are under development, the Subdivider be required to front end finance and construct said trails with credits to be granted through the provisions contained within the Development Charge By-law. That the Department of Public Works report dated September 28, 1995 prepared by Mr. S. Gyorffy respecting pedestrian safety/sidewalk installation/financing on Marlborough Avenue be referred to the Finance and Administration Committee for consideration at its October 16, 1995 meeting. That Demolition Control Application DC 95/3/O/RM (Kitchener Mennonite Brethren Church) requesting approval for the removal of two single detached dwellings located at 23 and 27 Ottawa Street North legally described as Lot 39 & Part Lot 40, Registered Plan 316 and Part Lot 40 and Lot 41, Registered Plan 316 be approved, and further, That the owners of abutting properties (including 31 & 35 Ottawa Street N) be kept informed of any subsequent discussions involving development and landscaping of the site, and be consulted before any final decisions are made. It is the opinion of this Committee that the approval of this application is proper planning for the City. (Dealt with under delegations and Carried, As Amended). PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 5. 1) That Council approve Rental Housing Protection Act application DE/95/002 (K-W Hospital) for the demolition of a nine unit apartment building and five single detached dwellings located at 44 & 54 Glasgow St, 385, 389, 391, 393, and 397 Park Street subject to the OCTOBER 10, 1995 COUNCIL MINUTES - 447- CITY OF KITCHF~NER COUNCIL MINUTES OCTOBER 10, 1995 - 447- CITY OF KITCHF~NER REPORTS ADOPTED BY COUNCIL Owner complying with Section 105 of the Landlord and Tenant Act, R.S.O. 1990. c. L.7, as amended. The issuance of the 120 Day Notice of Termination of the Tenancy Agreement shall not be sooner than the date of Council's approval of the Owner's application under the Rental Housing Protection Act. 2) That Demolition Control Application DC 95/4/G/RM (K-W Hospital) requesting approval for the removal of a 9 unit apartment building and five single detached dwellings located at 44 & 54 Glasgow Street and 385, 389, 391,393, and 397 Park Street legally described as Part Lot 285, Registered Plan 385 and Part Lots 1, 3, 5, 6 & 8, Reference Plan 58R-4956 b.~e approved. It is the opinion of this Committee that the approval of these applications is proper planning for the City. (Dealt with under delegations and Carried). That Zone Change Application 94/23/P/ZJ (Hurox Holdings Limited and the City of Kitchener) requesting a change in zoning from Open Space Zone (P-2) and Hazard Land Zone (P-3) to Residential Four Zone (R-4) according to By-law 85-1 on part of Biehn's Unnumbered Tract, more particularly described as part of Part 1, on Plan WDR-226, 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 Municipal Plan. COMMUNITY SERVICES COMMITTEE - That the City of Kitchener develop a National Public Art Competition for the installation of a work in Victoria Park, and further, That $20,000.00 be allocated from the Public Art Trust Fund to cover all administrative costs of the competition, including payment to finalists and the successful artist for installation, and further, That the Art Acquisition Committee, in conjunction with staff, provide the co-ordination for the competition. That the Mayor and Clerk be authorized to execute an agreement between the City of Kitchener and St. Mary's Coptic Church for the designation of burial spaces at Williamsburg Cemetery, in the form considered by the Community Services Committee on October 2, 1995. That no action be taken on the request of the Kitchener-Waterloo Health Centre for an in-kind grant, in the amount of $943.00, for parking passes and rental of the City Hall Rotunda on October 4 & 5, 1995 for the "Health Care Health Fair". That we approve the request of the Twin City Junior Chamber of Commerce for an in-kind services grant in the amount of $2,200.00 to cover the cost of road closure for the 35th Annual Santa Claus Parade on November 18, 1995, and further, That the Twin City Junior Chamber of Commerce request for an in-kind services grant for road closure for the Santa Claus Parade be included as part of the annual grants in subsequent years. COMMUNITY SERVICES COMMITTEE - (CONT'D) 5. That the request of the Daan Pioneer Park Community Centre for a grant to cover 50% of the cost of installing a water playground at the Daan Pioneer Park Community Centre, to an upset limit of OCTOBER 10, 1995 COUNCIL MINUTES - 448- CITY OF KITCI:IENER COUNCIL MINUTES OCTOBER 10, 1995 - 448- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL $15,000.00, be referred to Capital Budget. That a grant in the amount of $2,000 be approved for the host committee of the 1996 Central Ontario Mission to offset expenses relating to a municipally sponsored media reception. (Dealt with under delegations and Carried, as amended) FINANCE AND ADMINISTRATION COMMITTEE - That no action be taken on the request of the Waterloo Minor Ringette Association for permission to hold a Monte Carlo event at the Granite Club, 69 Agnes Street, Kitchener, on December 27-29, 1995, inclusive. (Carried on a recorded vote) That no action be taken on the request of Mr. Rudy van Horsigh, representing the owners of 220 Madison Avenue South, Kitchener, for relief from the interest and penalty charges owing on outstanding taxes. That the City of Kitchener fund an Employee Computer Purchase Plan for staff of the Kitchener Public Library, with the Plan to be similar to that currently in place for City of Kitchener employees, and further, That the cost of providing this funding by the City is to be charged against the operating account of the Kitchener Public Library at a rate of interest equivalent to that earned by the City on its temporary investment funds. That Council approve an amendment to Section 2(1) of the City of Kitchener's Development Charge By-law No.91-314, to exempt all development within the Downtown area from the payment of all Development Charges in accordance with the By-law appended to Planning and Development Department report No. PD 95/90. That the position of Commissioner of Administrative Services be deleted from the City's complement and the Department dissolved, and further, That the Information Technology Division be transferred to the Finance Department, reporting to the Commissioner of Finance, and that no action be taken to fill the vacant position of Director of Information Technology until such time as the Finance Commissioner has carried out a review of the Division and reported back to the Finance and Administration Committee on its future operation. That the Transit Division, under the Directorship of Wally Beck, be transferred to the Public Works Department reporting to the General Manager of Public Works. That the Human Resources Division, under the Directorship of Doug Paterson, be transferred to the Chief Administrative Officer's Department reporting to the Chief Administrative Officer. COUNCIL MINUTES OCTOBER 10, 1995 - 449 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS AS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Execution of Enqineerinq Aqreement 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 Conestoga Rovers & Associates Limited, regarding Glencairn Subdivision, Stage 6, Draft Plan 30T- 88054." 2. Licences It was resolved: "That the Highland-Stirling Community Group be granted permission to sell calendars throughout the City from October 1995 and be granted a nominal licence fee of $1.00, provided that the necessary Licence approvals are obtained." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Canadian Mental Health Association, Waterloo Regional Branch, to conduct a Monte Carlo event at the Turf Club, 4278 King Street East, Kitchener on November 24-26, 1995, inclusive." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Waterloo Regional REACT, P.O. Box 41005, Waterloo, Ontario, N2K 3T5 to conduct a Monte Carlo event at the KW Granite Club, 69 Agnes Street, Kitchener, on October 27- 29, 1995, inclusive." -and- "That the Manager of Licensing be authorized to issue a Hawker & Pedlar's Licence to Jeff Prieb as per his application dated September 19, 1995." -and- "That subject to the applicant receiving the approvals of Kitchener Planning and Development Department, Waterloo Regional Health Unit and the Committee of Adjustment, the Manager of Licensing be authorized to issue a Body Rub Parlour Licence to Elisabeth Szenyi as per her application dated September 19, 1995." COUNCIL MINUTES OCTOBER 10, 1995 - 450 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 3. Self Funded Leave of Absence It was resolved: "That City Council approve the terms and conditions contained in the Self Funded Leave of Absence Contract between the Corporation of the City of Kitchener and Ms. Julie Dean. Further, that the Mayor and Clerk be authorized to execute any documentation arising therefrom." 4. Release of Restrictive Covenant It was resolved: "That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all rights of the City respecting all lands on Fairway Road affected by paragraph 5 of Schedule "A" to Instrument No. 386493." 5. Consent - FAIRVIEW WARD It was resolved: "That the City consent to the sale from Budd Canada Inc. to The Regional Municipality of Waterloo for the property described as Part of Lot 31, Plan 1489, being Part 9 on Plan 58R-9738 for the widening of Homer Watson Boulevard in Kitchener." 6. Ontario Good Roads Association - Name Chanqe It was resolved: "That the City of Kitchener support the change in name of the Ontario Good Roads Association to the Ontario Municipal Transportation Association." 7. Uncollectible Receivables It was resolved: "That the attached list of Uncollectible Receivables including interest, amounting to $138,113.88, be written off against the Allowance for Doubtful Sundry Receivables and the Allowance for Doubtful Utility Receivables." 8. Variances to Municipal Code, Chapter 680 (Siqn) - CHICOPEE WARD It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council of October 3, 1995, recommending approval of Submission No. S 17/95 - Waterloo Regional Credit Union - Be Ratified and Confirmed." 9. Renewal of Student-Run Coffee House Aqreement - VICTORIA PARK WARD Dealt with under Delegations. 10. Variances to Municipal Code, Chapter 630 (Fence) - SOUTH AND FOREST WARDS Dealt with under Delegations. OCTOBER 10, 1995 COUNCIL MINUTES - 451- CITY OF KITCI:IENER OCTOBER 10, 1995 COUNCIL MINUTES - 451- CITY OF KITCI:IENER OCTOBER 10, 1995 REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES - 451 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 11. Tender Dealt with under Delegations, 12. Monte Carlo event - Habonim Dror Council was in receipt of correspondence from J. Koppeser, Manager of Licensing, dated October 10, 1995 concerning Council support for the issuing of a Provincial licence. It was resolved: "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 Walper Terrace Hotel, 1 King Street West, Kitchener, on November 17-19, 1995, inclusive."