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HomeMy WebLinkAboutCouncil Minutes - 1995-11-14COUNCIL\1995-11-14 NOVEMBER 14, 1995 COUNCIL MINUTES CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the playing of "God Save The Queen" and "O Canada" by the Resurrection Catholic Secondary School Instrumental Group under the direction of Mr. Larry Moser. Mayor Richard D. Christy introduced the Right Honourable The Earl Kitchener of Khartoum and Broome (the great nephew of Lord Kitchener) and his sister Lady Kenya Tatton-Brown and welcomed them to the City of Kitchener. Acting Mayor G. Lorentz read the Scroll of Welcome and presented same to The Earl Kitchener. Councillors J. Ziegler and K. Redman presented the key to the City and the City of Kitchener flag respectively. Lord Kitchener and Lady Kenya then signed the official guest register and Lord Kitchener unveiled a plaque to be placed next to the full length portrait of Field Marshall Lord Kitchener recently installed at City Hall. Lord Kitchener thanked those in attendance for the mementos presented to commemorate he and Lady Kenya's visit to Kitchener. He expressed his satisfaction in knowing that the achievements of his great uncle are recognized and preserved in the City named after him. Lord Kitchener presented Mayor Christy with a plate bearing the Coat of Arms of Lord Kitchener and expressed his hope that it would be suitably displayed. In closing, Lord Kitchener thanked both Canada and the City of Kitchener for the welcome extended to he and his sister. Mayor Richard D. Christy presented Lord Kitchener with a pennant from the students of Kitchener Collegiate Institute, who are involved in an education partnership with the City. Mayor Christy made his closing remarks and thanked all those present for attending the official welcoming ceremony. Mayor Richard D. Christy, Lord Kitchener and Lady Kenya left the meeting at this time. Acting Mayor G. Lorentz assumed the Chair. On motion by Councillor M. Yantzi, the minutes of the regular meeting held October 23 and the special meeting held November 6, 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 tenders listed on the Committee of the Whole agenda of this date. Councillor J. Ziegler put forward a motion to adopt the tender recommendations as submitted. Councillor T. Galloway noted that with respect to Tender T 95-77 (Industrial Tractor/Backhoe) staff are recommending the highest priced tender, and that three of the four tenders did not meet requirements. He expressed concern that, based on this and previous instances, the City may be writing too rigid a specification for vehicles. Mr. L. Gordon replied that wherever possible staff allow flexibility for competitive bids, and pointed out that this particular piece of equipment has some very unique requirements. He added that the specification was kept as open as possible while at the same time recognizing how the equipment is used by sidewalk crews. Councillor Galloway asked whether staff anticipated more than one bidder at the time the tender was let, and Mr. Gordon replied that it was his understanding that two suppliers could potentially bid, but in the course of testing, the other vehicle had problems picking up certain materials. Acting Mayor G. Lorentz asked that action on the recommendation for Expression of Interest E95-75 (1996 Market Garage Repair Program) be deferred and referred to the November 27, 1995 meeting. Councillor J. Ziegler accepted the request of Acting Mayor G. Lorentz as a friendly amendment. The following motion was then voted on. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi NOVEMBER 14, 1995 COUNCIL MINUTES - 557- CITY OF KITCI:IENER "That proposal P95-80, Electrical Service and Repair, be awarded to Harold Stecho Electric Limited, Waterloo, Brenner & Associates Inc., Waterloo and B.C. Electrical Mechanical, Kitchener." -and- "That proposal P95-72, Building Control Systems - Breithaupt Centre and Forest Heights Pool, be awarded to Accu Temp Cooling & Heating Systems Inc., Waterloo, at their proposed price of $57,541., plus G.S.T." -and- "That tender T95-77, 60 kw (90 hp) All Wheel Drive, Rubber Tired Industrial Tractor with Front End Loader and Extendable Backhoe, be awarded to Tri City Power & Equipment Ltd., Kitchener, at their tendered price of $97,270., plus optional snow plow, P.S.T. and G.S.T, and further, That consideration of the staff recommendation for Expression of Interest E95-75 (Consultant Services - 1996 Market Garage Repair Program) be deferred and referred to the November 27, 1995 Council meeting." Carried. Councillor Jake Smola offered the opinion that all bids relative to Proposal P95-80 (Electrical Service and Repair) should be released to all contractors. Mr. L. Gordon replied that this information should be kept confidential as the entire contract is comprised of a unit price schedule and that it is his practice to release only lump sum prices on the basis that unit prices are considered sensitive information by bidders. Mr. J. Shivas suggested that Council adopt the position of Mr. L. Gordon, at least until such time as he has had an opportunity to review the situation. Acting Mayor G. Lorentz asked that this be done and a report submitted to Council. Mr. Fred Standeven, President, K-W Area Visitor & Convention Bureau, gave a presentation on area tourism and referred to various statistics outlined in a written submission appended to the agenda of this date. Mr. Standeven noted that this is the Bureau's first economic assessment survey intended to illustrate return on the City's investment. In addition, Mr. Standeven pointed out that approximately $9,000,000 in local taxes are supported by the tourism industry. In response to a question from Councillor M. Wagner, Mr. Standeven advised that the figures presented this date are derived from the Conference Board of Canada, the Canadian Tourism Research Institute and the Tourism Economic Assessment Model. He also referred to a comprehensive accommodation survey. Councillor Wagner questioned whether it was possible to determine why tourists choose the K-W Area in order to encourage more of these types of activities and services. Mr. Standeven replied that reasons for visiting the area vary; however, an effort could be made to start gathering this type of data. Councillor B. Vrbanovic thanked Mr. Standeven, as well as Ms. Jane Falconer who was also in attendance this date, for sharing the results of the study, which he suggested give Council a measurable year-to-year comparison indicating the return on the grant funding provided. Acting Mayor G. Lorentz also extended his thanks, noting that the numbers appear encouraging. 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." Councillor C. Weylie pointed out that the first condition relative to clause 1 (Temporary Occupancy - Global Aquatics) has been fulfilled and can be removed from the recommendation. Councillor Weylie also referred to Planning and Development Report PD 95/118 (Community Based Approvals) which was circulated this date and asked that the staff recommendation therein be added to the Planning and Economic Development Committee Report. Councillor Redman questioned the need for action at this time, and Mr. T. McCabe replied that the Legislature will be considering legislative amendments to the Planning Act by the end of the year and as a result the City has a limited timeframe in which to respond and express its preference or concerns. He pointed out that Mr. W. Wettlaufer, M.P.P. has expressed an interest in attending a local meeting along with Mr. G. Leadston, M.P.P. to review the issue of community based approvals. Councillor T. Galloway NOVEMBER 14, 1995 COUNCIL MINUTES - 558- CITY OF KITCI:IENER expressed concern over dealing with the issue at this time given the timing of the Regional Review, and referred to comments made by Mr. J. Sweeney to the effect that the Planning Section of the Review not be completed due to the Planning Act amendments initiated by the Province. Councillor Galloway suggested that this issue should proceed in a different forum and not in isolation of any examination at the Regional level, since the City is advocating a transfer of responsibility from the Region to Kitchener. Councillor C. Weylie suggested that the meeting referred to by Mr. McCabe should be held as soon as possible, especially in light of the recent overtures made by the Region to the Province. Mr. T. McCabe responded that he is even more anxious to proceed given the cancellation of the planning component in the Waterloo Region Review. He indicated personal frustration in seeing smaller municipalities implement more streamlined subdivision approval processes while Kitchener's remains more protracted. Mr. McCabe pointed out that he is not recommending that Council approve any documents which are contrary to Regional by-laws, and stressed that the recommendation deals only with development approvals. Mr. McCabe also advised that he feels strongly that these decisions should be made at the local level by the lower tier municipalities. Councillor Galloway pointed out that Regional Council has yet to decide on the completion of the Regional Review, and advised that he has no interest in this issue at present, but rather prefers to look at the larger picture of how services are delivered in the Province. Councillor M. Yantzi indicated his willingness to support the motion on the basis that the City needs to make its views known quickly, and would benefit by a simplified process. He pointed out that the Province is itself acting quickly in regard to amendments to the Planning Act and other issues. The report of the Planning Committee was then voted on clause by clause. Clause 1 - Carried, As Amended. Balance of report - Carried. Moved by Councillor T. Galloway Seconded by Councillor K. Redman "That the report of the Community Services Committee of this date be adopted." Councillor T. Galloway pointed out that with respect to clause 7, members of Council have received a legal opinion. Councillor B. Vrbanovic reported on recent activity concerning the future of Kiwanis Park and thanked Mr. T. Clancy for attending the Planning and Operations Committee meeting of the Grand River Conservation Authority on behalf of the City. Councillor Vrbanovic pointed out that the recommendation of the G.R.C.A. Management Committee is to close Kiwanis Park and convert it to a passive recreation area. He pointed out that he has since been involved in meetings to discuss other options. He advised that he had put forward a recommendation which was deferred to a December meeting; however, the G.R.C.A. Finance Committee subsequently supported the Management recommendation to close the Park. Councillor Vrbanovic pointed out that there will be a general membership meeting on November 24, 1995 at which the Finance Committee recommendation will be dealt with. He offered the opinion that some of the numbers used are not entirely accurate and urged Council to support pursuing the issue of installing a spray pad and keeping the Park open in 1996. Councillor M. Wagner commented on clause 4 (Curling Hall of Fame and Museum of Canada Inc.) and asked that it be noted that special thanks is extended to Tom and Anne Fischer, the original Curators of the Hall of Fame. Councillor Wagner also thanked Mr. R. Arnot and Mr. L. Proulx for their efforts to date. He advised that every Curling Club has pledged $1 per member toward the Hall of Fame, an amount which will likely increase, and at present there are approximately 1,000,000 members involved. The report of the Community Services Committee was then voted on and Carried. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner "That the report of the Finance and Administration Committee of this date be adopted." Council agreed to a request from Councillor J. Ziegler that the wording of clause 2 be replaced with the wording outlined in the memorandum from Mr. G. Sosnoski dated November 8, 1995. He also asked that clause 1 and 4 be dealt with separately. NOVEMBER 14, 1995 COUNCIL MINUTES - 559- CITY OF KITCI:IENER Councillor B. Vrbanovic disclosed a pecuniary conflict of interest and abstained from all voting and discussion concerning clause 4 (Parking at City Hall) as his wife is employed in the City's Information Services Division. Councillors J. Ziegler, Jake Smola and Acting Mayor G. Lorentz asked that it be noted they are opposed to Recommendation No.1 dealing with a telephone survey to obtain additional public input on service related issues. Councillor Ziegler advised that he is opposed on the basis that obtaining the input of citizens is already a responsibility of Ward Councillors. Councillor T. Galloway read a statement in opposition to clause 2 which expresses support of the concept of a strong two-tier system of government in the Region. He advised that though he may not be in total disagreement, the Regional governance panel should be allowed to deal with this issue through its mandate. He referred to recent statements made by Mr. J. Sweeney, Chairman of the Regional Review, to the effect that he felt undermined in his work by certain public proclamations, which Councillor Galloway indicated may have been similar to that being put forward this date by Kitchener Council. He indicated his personal opinion that this type of action has been responsible for the resignation of Mr. Sweeney. He also pointed out that all members of Council were given an opportunity to express their views early in the review process, and suggested that the panel be left to proceed and report as originally requested. Councillor Galloway also noted that the Province has expressed an interest in reviewing local government structure, and that the motion is redundant and impugns the credibility of the Regional Review. Councillor J. Ziegler responded that for his part the motion is directly related to recent unilateral action taken by the Chairs of Ontario's Regional Municipalities and he referred in this regard to the document entitled "In Pursuit of Better Government" submitted to the Province and dated October, 1995. He suggested that the report is not supportive of two-tier government, a structure which despite its need for adjustment, works well in the Region and does not require dismantling. Councillor M. Yantzi indicated his agreement with the views expressed by Councillor T. Galloway, and added that such a motion may be wrongly construed as a defensive reaction and a vote in favour of the status quo. A recorded vote was requested. Councillor M. Wagner stressed that in his view the motion under consideration does not pre-empt any changes; however, it does stress that Kitchener does not support the extremes of government structure, namely: dismantling of Regional Government or the amalgamation of all municipalities into a single Region. Councillor Wagner pointed out that in striving for service economies and efficiency of delivery, there is a danger of forgetting that the purpose of local government is to make municipalities a better place to live in, and in this regard, must consider the overall needs of people. Councillor K. Redman pointed out that in her estimation government will change, regardless of any isolated actions, and noted that she shares the frustration expressed by Mr. Sweeney. She added that she would support the motion for the reasons outlined by Councillor Wagner, but not in the interest of preserving the status quo, rather as an expression of support for the two-tier system conditional upon improvements in the present arrangement. Acting Mayor G. Lorentz pointed out that he does not feel that the reasons referred to by Councillor Galloway were the only ones motivating Mr. Sweeney to resign, and also referred to health problems. He also expressed his own opinion that the Review had bogged down and its recommendations were not particularly useful. Acting Mayor Lorentz also stressed that in his estimation the motion under discussion this date does not either prevent future change or argue in favour of the status quo. Councillor J. Ziegler asked that in regard to clause 4 (Monthly Rate at City Hall Parking Garage), the Finance and Administration Committee recommendation be amended to include the words "further, that six months from November 14, 1995, any member of Council is free to ask that this matter be revisited, without the necessity of a Motion to Reconsider." Councillor C. Weylie argued that Council should support a reduction in the cost of staff parking at the City Hall garage, and that the $20 reduction previously discussed would be in addition to the current arrangement regarding subsidized parking. Moved by Councillor C. Weylie Seconded by Councillor T. Galloway "That consideration of clause 4 of the Finance and Administration Committee report of this date be NOVEMBER 14, 1995 COUNCIL MINUTES - 560- CITY OF KITCI:IENER deferred and referred to the November 27, 1995 Council meeting." Carried. NOTICE OF MOTION Councillor C. Weylie gave Notice of Motion that at the November 27, 1995 Council meeting she will introduce a motion to reconsider Council's decision of September 25, 1995 relative to the issue of parking for City Hall staff. The Finance and Administration Committee report was then voted on clause by clause. Clauses 1 & 3 - Carried. Clause 2 - Carried on a recorded vote. In Favour: Acting Mayor G. Lorentz, Councillors John Smola, K. Redman, B. Vrbanovic, C. Weylie, J. Ziegler, M. Wagner and Jake Smola. Contra: Councillors T. Galloway and M. Yantzi. Carried. Clause 4 - Action deferred and referred to the November 27, 1995 Council meeting. Recorded Conflicts and Abstentions: Councillor B. Vrbanovic concerning clause 4 as his wife is employed in the City's Information Services Division. Moved by Councillor M. Wagner Seconded by Councillor J. Ziegler "That the report of the Local Architectural Conservation Advisory Committee of this date be adopted." Carried. Councillor J. Ziegler reminded staff of the Planning and Development Department that notices of Zone Change that are posted or circulated should contain enough detail to allow an individual to determine the impact of the change, and in this way eliminate the need for further enquiry. Councillor J. Ziegler questioned the reference in the November 7, 1995 Management Committee minutes to the issue of "fuel shrinkage". It was noted that a full report would be provided for consideration by the Finance and Administration Committee at the November 20, 1995 meeting. Moved by Councillor Jake Smola Seconded by Councillor M. Wagner "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend By-law 94-183 No.95/21/H/JG George Gordon - Hidden Valley Road (b) Being a by-law to exempt a certain lot from Part Lot Control - Lot 4, Registered Plan 1134 - Randerson Avenue (c) Being a by-law to exempt a certain lot from Part Lot Control - Lot 40, Registered Plan 1466 - Dinison Crescent (d) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on NOVEMBER 14, 1995 COUNCIL MINUTES - 561- CITY OF KITCHENER (e) (f) (g) (h) (i) (J) (k) (m) (n) (o) (P) (q) highways under the jurisdiction of the Corporation of the City of Kitchener To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener To further amend By-law No.88-170 being a by-law to prohibit unauthorized parking of 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 amend Chapter 578 of The City of Kitchener Municipal Code regarding Plumbing Contractors, Master Plumbers, Journeyman Plumbers Being a by-law to amend By-law 89-176 to extend the time for conveyance of parts of a closed public walkway adjacent to Royal Orchard Drive Being a by-law to amend Chapter 501 of the City of Kitchener Municipal Code with respect to Licence Fees Being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs Being a by-law to amend Chapter 542 of the City of Kitchener Municipal Code with respect to Exhibitions, Circus, Midway or Carnival Being a by-law to amend Chapter 594 of the City of Kitchener Municipal Code with respect to Theatre, Music Hall, Moving Picture Show or any other Place of Amusement Being a by-law to amend By-law 95-10 respecting the Appointment of Staff and Provincial Offences Officers Being a by-law to amend various Chapters of the City of Kitchener Municipal Code 5. (Cont'd) (r) 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 G. Lorentz appointed Councillor M. Yantzi as Chair. On motion the Council rose from the Committee of the Whole and Acting Mayor G. Lorentz occupied the Chair. 6. Moved by Councillor M. Yantzi Seconded by Councillor C. Weylie NOVEMBER 14, 1995 COUNCIL MINUTES - 562- CITY OF KITCI:IENER "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 Jake Smola Seconded by Councillor M. Wagner "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) (e) (f) Carried. Being a by-law to close and sell part of the public highway known as Maurice Street in the City of Kitchener (By-law No. 95-151 ) By-law 94-183 George Gordon - Hidden Valley Road Being a by-law to amend No.g5/21/H/JG (By-law No. 95-152) Being a by-law to exempt a certain lot from Part Lot Control - Lot 4, Registered Plan 1134 - Randerson Avenue (By-law No. 95-153) Being a by-law to exempt a certain lot from Part Lot Control - Lot 40, Registered Plan 1466 - Dinison Crescent (By-law No. 95-154) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (By-law No. 95-155) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (By-law No. 95-156) (Cont'd) (g) To further amend By-law No.88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (By-law No. 95-157) (h) 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. 95-158) (i) 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. 95-159) (j) Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement NOVEMBER 14, 1995 COUNCIL MINUTES - 563- CITY OF KITCI:IENER (k) (m) (n) (o) (P) (q) (r) (s) (By-law No. 95-160) Being a by-law to amend Chapter 578 of The City of KJtchener Municipal Code regarding Plumbing Contractors, Master Plumbers, Journeyman Plumbers (By-law No. 95-161 ) Being a by-law to amend By-law 89-176 to extend the time for conveyance of parts of a closed public walkway adjacent to Royal Orchard Drive (By-law No. 95-162) Being a by-law to amend Chapter 501 of the City of Kitchener Municipal Code with respect to Licence Fees (By-law No. 95-163) Being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs (By-law No. 95-164) Being a by-law to amend Chapter 542 of the City of Kitchener Municipal Code with respect to Exhibitions, Circus, Midway or Carnival (By-law No. 95-165) Being a by-law to amend Chapter 594 of the City of Kitchener Municipal Code with respect to Theatre, Music Hall, Moving Picture Show or any other Place of Amusement (By-law No. 95-166) Being a by-law to amend By-law 95-10 respecting the Appointment of Staff and Provincial Offences Officers (By-law No. 95-167) Being a by-law to amend various Chapters of the City of Kitchener Municipal Code (By-law No. 95-168) To confirm all actions and proceedings of the Council (By-law No. 95-169) 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 the request of Mr. Manfred Conrad on behalf of Global Aquatics for temporary occupancy for retail of pets and pet supplies at 1305 Victoria Street North, Unit Three (3), be approved subject to the following conditions: That enforcement of the City's Zoning By-law be waived with respect to the retail of pets and pet supplies use at 1305 Victoria Street North, Unit Three (3) and temporary occupancy be approved subject to final approval of the zone change and the business vacating the location in the event the zone change is not approved by City Council or by the Ontario Municipal Board as it affects this property. Further, that in the event of failure to vacate, the City's Municipal Law Enforcement Officer be directed to commence notice of action to remove the illegal use and that any work done to the premises is at the sole risk and responsibility of the owner in the event loses are incurred as a result of final disposition of the zone change. (As Amended). That Kitchener Council request the Regional Municipality of Waterloo to modify the City of Kitchener Municipal Plan as follows: 1. That the following Special Policy be included in Part 3, Section 12.0 of the Municipal Plan. "27 - Southwest Corner of Ottawa Street South and Alpine Road. In addition to uses normally permitted in Service Commercial areas, permit uses allowed in a Neighbourhood Commercial District on lands generally located on the southwest corner of Ottawa Street South and Alpine Road. The total maximum gross leasable retail commercial floor space of all uses shall not exceed 13,935 square metres and the gross leasable retail commercial floor space of any singular commercial outlet or establishment shall not exceed 4,550 square metres." That Map 8 of the Municipal Plan include "Special Policy Area 27 - Southwest Corner of Ottawa Street South and Alpine Road" as shown on Map 1 of this report. That Map 5 of the City of Kitchener Municipal Plan be modified to incorporate the Land Use Designations for Doon South as shown on Map 2 of this report. That Part 2, Policy 7.7.3.10 of the Municipal Plan be modified to include the following additional clause: "iv) Whether the proposed use serves a greater long-term interest of the general public than does aggregate extraction." It is the opinion of this Committee that the approval of these modifications to the Municipal Plan is proper planning for the City. That City Council delegate approval authority to the Chief Building Official for the approval of conditional permit agreements except in the following cases: a) where site plan approval is required but the Section 41 Development Agreement has not been registered on title; PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 3. Cont'd b) when there is any disagreement by the applicant to any condition of the standard form conditional permit agreement; COUNCIL MINUTES NOVEMBER 14, 1995 - 565- CITY OF KITCI:IENER COUNCIL MINUTES NOVEMBER 14, 1995 - 565- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL c) where the standard form conditional permit agreement approved by Council is not appropriate in the opinion of the Chief Building Official; d) where the Chief Building Official deems that a review by City Council is necessary or beneficial. e) where a Standard Subdivision Agreement has not been registered on title in the case where a conditional permit is being sought for lands which are included within a draft plan of subdivision which has not been registered. That the Mayor and Clerk be authorized to execute all conditional permit agreements required as a result of the exercising of authority delegated to the Chief Building Official. That the Department of Planning and Development be directed to arrange for a public meeting to consider a report for Planning and Economic Development Committee/Council's consideration, concerning amendments to the City's Sign By-law to permit and regulate the use of "oversized" sidewalk/A-frame signs as portable signs in all zones permitting portable signs; to permit the anchoring of portable signs for the purposes of stability and safety; and to eliminate the current regulation for requiring display permits on portable signs. That Zone Change Application 95/21/H/JG (1054 Hidden Valley Road), requesting a change in zoning from Residential One (R-l) with holding provision 11h and special use provision 202 to Residential One (R-l) with holding provision 11h, on Lot 4, Registrar's Compiled Plan, be approved in the form shown in the proposed By-law attached, dated September 13, 1995, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the Municipal Plan. That Zone Change Application ZC 95151DNL (Minjay Holdings Ltd.) requesting a change in zoning from Agricultural Zone (A-1) to Agricultural Zone (A-1) with special use provision 213, all according to By-law 85-1, be approved in the form shown in the proposed by-law attached, dated September 27, 1995, subject to the following conditions. That the owner agrees to arrange for notification by letter from the Regional Municipality of Waterloo to the City's Clerk that all Regional requirements have been satisfied with respect to the proposed zone change, prior to any readings of the amending zoning by-law by the City Clerk. The owner acknowledges that Condition 1 hereof, is required to be satisfied no later than seven (7) months of Council having approved by resolution, the amending zoning by-law relative to Zone Change Application 95/5/DNL. In the event this requirement is not fulfilled within the seven month period, Council shall consider rescinding it zone change approval. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the Municipal Plan. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) That the Council of the Corporation of the City of Kitchener advise the Ministry of Municipal Affairs and Housing of its support for including 'community based approvals' in the legislative amendments to the Planning Act currently being drafted. It is Kitchener's position that with NOVEMBER 14, 1995 COUNCIL MINUTES - 566- CITY OF KITCI:IENER COUNCIL MINUTES NOVEMBER 14, 1995 - 566- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL community based approvals providing lower tier and separated municipalities with complete authority to adopt official plans, subdivisions and other Planning Act instruments, this would eliminate current duplications and delays as a result of planning approval responsibilities being split between tiers of governments and place accountability for decisions at the proper level; and further, That Council authorize Councillor C. Weylie, Chair of the City's Planning & Economic Development Committee and T. McCabe, General Manager, Planning & Development, to arrange a meeting with the MPPs representing the ridings within the City of Kitchener to present this resolution and provide any necessary background information. COMMUNITY SERVICES COMMITTEE - That we approve the Cemetery Tariff of Charges for 1996 as presented to the Community Services Committee on November 6, 1995, and further, That Cemetery Division staff submit the Tariff to the Cemeteries Regulations Branch of the Ministry of Consumer and Commercial Relations for filing, and further, That this Tariff become effective on January 1, 1996. That the City of Kitchener request that the Grand River Conservation Authority continue to operate Kiwanis Park and Pool until major pool related repairs are required, and further, That the Grand River Conservation Authority staff be requested to explore the details of spray pads to determine how much this option would reduce operating expenses, and further, That should the Grand River Conservation Authority choose to close the pool at Kiwanis Park, they be requested, through Council resolution, to contribute $30,000.00 per year (G.R.C.A.'s estimate for minimal park maintenance) towards park operations, and further, That the Cities of Kitchener and Waterloo work with the Kiwanis Club and Flying Club to keep Kiwanis Park operating. That Parks and Recreation staff present the report of Mr. T. Clancy, dated November 1, 1995, concerning the operation of Kiwanis Park, as considered by the Community Services Committee on November 6, 1995, to the Planning Committee of the Grand River Conservation Authority at its meeting scheduled for Tuesday, November 14, 1995. That the Museum Building) Mayor and Clerk be authorized to sign an agreement with the Curling Hall of Fame and of Canada Inc. for use of the municipally owned building at 122 Frederick Street (Registry for a period of 10 years at $1.00 per annum, and further, That the City of Kitchener carry out building improvements, as presented to the Community Services Committee on November 6, 1995, at a cost of $60,000.00, and further, That the Canadian Curling Association agree to the holding of 2 National/International events in Kitchener within the 10 year period of this lease, and further, That all day to day operating costs be assumed by the Curling Hall of Fame and Museum of Canada Inc., and further, That the agreement be reviewed after 5 years, and further, That this approval be subject to final authorization by the Canadian Curling Association. COMMUNITY SERVICES COMMITTEE - (CONT'D) COUNCIL MINUTES NOVEMBER 14, 1995 - 567- CITY OF KITCI:IENER COUNCIL MINUTES NOVEMBER 14, 1995 - 567- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL That we approve the request of the Victoria Park 100th Anniversary Committee for an in-kind services grant totalling $1,990.25 for the New Year's Eve Kick-off to be held on December 31, 1995, and further, That consideration of the 1996 in-kind services grant request of the Victoria Park 100th Anniversary Committee, in the amount of $15,762.50, be referred to the 1996 budget considerations. That the following activities and fees be approved for the 100th Anniversary Celebration of Victoria Park, provided that the necessary licences, including approvals of health and fire, are obtained: That the hotdog vendors currently operating in Victoria Park, namely Sheila Marie Biers, Eva Wilk and Kin-Tien Sun, be permitted to operate on New Year's Eve, and further, That, should any of the above-noted hotdog vendors be unavailable, the Victoria Park 100th Anniversary Committee be authorized to replace them with other hotdog vendors who have been licensed in 1995, by the City of Kitchener, with no additional fee, and further, That, for the nominal fee of $1.00, the Victoria Park 100th Anniversary Committee be granted permission to obtain a Refreshment Stand Licence and a Hawker and Pedlar Licence to sell flowers, hold an auction and sell hot apple cider and roasted chestnuts, with all proceeds being donated to the Committee, and further, That the Victoria Park 100th Anniversary Committee be granted permission to obtain a Retail Exhibition Licence, for $1.00, to operate the Anniversary Festival on August 24 & 25, 1996, in Victoria Park, which will include local service clubs operating food booths and the Victoria Park 100th Anniversary Committee operating "games of skill" booths. That we approve, in principle and subject to a legal opinion from the City Solicitor, the request of the Victoria Park 100th Anniversary Committee to purchase, on behalf of the City of Kitchener, the sole rights to a rose, to be registered as "The Victoria Park Rose", and further, That royalties from the sale of the rose be used to create a local park improvement fund from which neighbourhood associations could apply for funds for the betterment of neighbourhood parks and green spaces, with the Victoria Park 100th Anniversary Committee to seek foundation sponsorship for this improvement fund, and further, That the Victoria Park 100th Anniversary Committee be permitted to purchase, on behalf of the City of Kitchener, a one year membership in the Golden Triangle Rose and Garden Society, at a cost of $25.00 to allow "The Victoria Park Rose" to be entered into the society's annual rose show in late June 1996. That we approve an in-kind facility rental grant for ACCKWA (Aids Committee of Cambridge, Kitchener, Waterloo and Area) in the amount of $230.00 to assist with the cost of renting the City Hall Rotunda for a fund raising event on Saturday, December 2, 1995. FINANCE AND ADMINISTRATION COMMITTEE - That consideration of a telephone survey to obtain additional public input on service related issues be deferred and referred to the survey planning meeting involving Council and senior management staff tentatively scheduled for late in November, 1995. That Kitchener City Council endorse the concept of a strong two-tier system of government in the Region of Waterloo which recognizes the separation of powers and self-determination between lower tier municipalities and the Regional Municipality of Waterloo. COUNCIL MINUTES NOVEMBER 14, 1995 - 568- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) That the Fire Department contact the owners of vacant buildings in the City of Kitchener and suggest that in the interests of improving building security and safety, they consider installing (at their own expense) a security box which would allow City staff to enter the premises for the purpose of investigating non-fire related emergencies and problems and to take appropriate action. That no action be taken on the motion put forward by Councillor Jake Smola at the September 25, 1995 Council meeting (further consideration of which was referred to the Finance and Administration Committee) to implement a $40.00 monthly rate for staff and members of the public using the City Hall parking garage. (Action deferred and referred to the November 27, 1995 Council meeting). LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE - That, pursuant to Section 43 of the Ontario Heritaqe Act, we approve the request of the owner to alter the property known municipally as 1052 Doon Village Road, a property located in the Upper Doon Heritage Conservation District, by constructiing an addition onto the rear of the existing dwelling; subject to the addition being constructed in accordance with the plans and specifications prepared by Menno S. Martin Contractor Ltd., as considered by the Local Architectural Conservation Advisory Committee on November 3, 1995. That we approve the Victoria Park Area Heritage Conservation District Study, prepared by Mr. Nicholas Hill, Architect Planner, as presented to the Local Architectural Conservation Advisory Committee on November 3, 1995 and further, That the consultant be directed to proceed with the preparation of the Victoria Park Area Heritage Conservation District Plan. COUNCIL MINUTES NOVEMBER 14, 1995 - 569 - 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. Deleqation of Siqninq Authority It was resolved: "That Council Policy Resolution 1-338 be deleted in its entirety and replaced with the following: That Council delegate to the City's Manager of Customer Relations and Marketing, Utilities Division, the authority to sign Conditional Sales Contracts and related documentation in connection with the City's Merchandise Financing Programme. That Council delegate to the City's Director of Accounting, the Senior Accountant, and the Manager of Customer Relations and Marketing, Utilities Division, the authority to sign documentation pertaining to the registration of security interests (or "liens") taken by the City in connection with its Merchandise Financing Programme." 2. Licences It was resolved: "That the PTA of the Christ Lutheran School, 146 Trafalgar Avenue, Kitchener, Ontario, N2A lZ7, be granted permission to operate a refreshment stand at the School on November 28, 1995 provided that the necessary Licence and Health and fire approvals are obtained and that the fee be reduced from $20.00 to $1.00." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Juvenile Diabetes Foundation Canada, Region of Waterloo Chapter, 450 Westheights Drive, Unit 20A, P.O. Box 44004 Driftwood Centre, Kitchener, Ontario, N2N 3G7, to conduct a Monte Carlo event at Marshall Hall, Bingeman Park Farms on Saturday, April 27, 1996." -and- "That the Joint Community Park Project Committee be granted permission to operate a refreshment vehicle on the island in Victoria Park from November 17, 1995 to January 1, 1996 provided that the necessary Licence and Health and Fire approvals are obtained and that the fee be reduced from $1,076.00 to $1.00." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Beth Jacob Synagogue to conduct a Monte Carlo event at their Synagogue, 161 Stirling Avenue South, Kitchener on June 19, 1996." -and- COUNCIL MINUTES COUNCIL MINUTES NOVEMBER 14, 1995 - 570- CITY OF KITCI:IENER COUNCIL MINUTES NOVEMBER 14, 1995 - 570- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL NOVEMBER 14, 1995 - 570 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 2. Licences (Cont'd) "That the City of Kitchener has no objection to a Provincial licence being issued to the Juvenile Diabetes Foundation Canada, Region of Waterloo Chapter, 450 Westheights Drive, Unit 20A, PO Box 44004 Driftwood Drive, Kitchener, Ontario, N2N 3G7, to hold a Break-Open Ticket and Raffle Lotteries, in conjunction with their Monte Carlo Event, at Marshall Hall, Bingeman Park Farms on Saturday, April 27, 1996." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Ontario March of Dimes, 141 Weber Street South, Waterloo, N2J 2A9, to conduct a Monte Carlo event at the Valhalla Inn, 105 King Street East, Kitchener on December 11- 13, 1995 inclusive." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Autism Society Ontario (Waterloo Regional Chapter), 202 Pathfinder Crescent, Kitchener, N2P lS6, to conduct a Monte Carlo Event and a Raffle Lottery at Golf's Steakhouse, 598- 600 Lancaster Street West, Kitchener on December 5-7, 1995 inclusive." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the K- W Kiwanis Club, 1333 Weber Street East, Kitchener, N2A 2C2, to conduct a Monte Carlo Event and Raffle Lottery at the Howard Johnson Hotel, 1333 Weber Street East, Kitchener on December 1-3, 1995 inclusive." 3. Banner Request - Truckfest The approval request for the erection of a banner on King Street was withdrawn at the request of the applicant. Councillor J. Ziegler asked that in future, recommendations dealing with banner requests clearly state that the cost of erecting and taking down a banner are the responsibility of the applicant and suggested a change in wording to reflect ". .... payment by the applicant of any cost associated therewith." 4. Amendment to Encroachment Aqreement - VICTORIA PARK WARD It was resolved: "That the Mayor and Clerk be authorized to execute an agreement with Sol-Mar Restaurant Inc. to extend the term of the Encroachment Agreement dated May 29, 1995 to expire November 30, 1995. All other terms and conditions of the agreement to remain the same." 5. Quit Claim Deed - FAIRVIEW WARD COUNCIL MINUTES NOVEMBER 14, 1995 - 571- CITY OF KITCI:IENER COUNCIL MINUTES NOVEMBER 14, 1995 - 571- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL It was resolved: "That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all rights of the City granted by paragraph 2. of the Schedule to Instrument No. 949352 respecting Part 3 on Reference Plan 58R-9662." COUNCIL MINUTES NOVEMBER 14, 1995 - 571 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 6. DOPWR-95-48 - School Bus Loadinq Zone It was resolved: "That a School Bus Loading Zone be established on the north side of Highland Road extending from 32 metres east of Hoffman Street to a point 12 metres east thereof to accommodate one full size school bus, and That the Uniform Traffic By-law be amended accordingly." 7. Variance to Municipal Code, Chapter 630 (Fence) - FOREST WARD It was resolved: "That consideration of the decision of the Committee of Adjustment of October 24, 1995 recommending approval of Submission No.F 9/95 - Doug and Cathy Antoniak - be deferred and referred to the November 27, 1995 Council meeting." 8. Proposals/Tenders/Expression of Interest Dealt with under Delegations. 9. Old Fairway Road - Transfer - CHICOPEE WARD Councillor T. Galloway questioned whether it is normally the City's practice in the case of road closures to transfer lands to abutting owners free-of-charge, pointing out that in some cases the amount of land is substantial. He suggested that if there is no interest expressed by abutting owners in acquiring a portion of the subject lands, these could be combined with the City's existing trail system. Councillor B. Vrbanovic replied that he had spoken with staff and the transfer price can range from no cost up to $2.00 per square foot. He pointed out that in this instance there is joint ownership by the City and the Region and that both are willing to transfer the lands for the cost of the transfer alone. This is due to the fact that the recipients will have to undertake grading work and assume the associated cost. It was resolved: "That the City proceed to close part of "old Fairway Road" between Kristi Place and new Fairway Road and a reference plan be prepared to divide the lands into separate parcels and permit an orderly disposal to the abutting owners. NOVEMBER 14, 1995 COUNCIL MINUTES - 572- CITY OF KITCI:IENER COUNCIL MINUTES NOVEMBER 14, 1995 - 572- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL Further, that the lands be declared surplus to the City's needs and be transferred subject to an easement in favour of Bell Canada to the abutting owners at no cost to the City; Further, that the abutting owners be permitted to enter upon the lands prior to the transfer of title for the purpose of changing the grade of the lands to eliminate a drainage problem, provided that all work is completed in accordance with a grading plan approved by the City's General Manager of Public Works and acceptable to Mr. Brian Soehner, Supervisor, Corridor Management at The Regional Municipality of Waterloo and further that the abutting owners enter upon the lands at their sole risk and expense and on condition that they hold the City harmless from all liability." 10. Software Aqreement - Systemware Inc. Council was in receipt of a report from L. MacDonald, Assistant City Solicitor, dated November 10, 1995 recommending execution of the agreement. COUNCIL MINUTES NOVEMBER 14, 1995 - 572 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 10. Software Aqreement - Systemware Inc. (Cont'd) It was resolved: "That the Mayor and Clerk be authorized to execute an Agreement in a form satisfactory to the City Solicitor with Systemware Inc. for the purpose of installing software on a server in conjunction with the creation of the Transit Operation System (TOS) software." 11. Encroachment Aqreement - Lot 24, Plan 670 (35 Norfolk Crescent) Council was in receipt of a report from L. MacDonald, Assistant City Solicitor, dated November 10, 1995 recommending execution of an encroachment agreement. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner(s) of Lot 24, Registered Plan 670, known as 35 Norfolk Crescent to legalize the existing frame shed and wooden fence which encroach 4.1 feet, more or less, onto the walkway known as Pleasant Walk and to permit the use of five feet of the walkway for parking purposes, and further, That permission to use a portion of Pleasant Walk for parking purposes is subject to the owner(s) installing a four foot high chain link fence along the northerly limit of the encroachment from the board fence to a point which is 10 feet back from the sidewalk by May 31, 1996." Councillor M. Wagner advised that the owners will be approaching Council at a future date with a cost-sharing proposal, as the fence would be entirely located on City property. 12. Sale of Raffle Tickets - OSAID Inc. (Ontario Students Aqainst Impaired Drivinq) COUNCIL MINUTES NOVEMBER 14, 1995 - 573- CITY OF KITCI:IENER COUNCIL MINUTES NOVEMBER 14, 1995 - 573- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL Council was in receipt of a report from J. Koppeser, dated November 14, 1995 recommending endorsement of the request. It was resolved: "That the City of Kitchener has no objection to OSAID Inc. (Ontario Students Against Impaired Driving), c/o Greg Burns, 29 West Cove, Cambridge, Ontario, NIS 3R6, being granted permission to sell raffle tickets in the City of Kitchener for a draw to be held at 405 Hespeler Road, Cambridge, Ontario on May 10, 1996."