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HomeMy WebLinkAboutCouncil Minutes - 1995-11-27COUNCIL\1995-11-27 NOVEMBER 27, 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 the Second Career Octet under the direction of Lorne Brubacher. Councillor Jake Smola thanked the group for their appearance this evening. Councillor C. Weylie extended a welcome to the 10th Waterloo Scout Group and Troup Councillors who were attending the meeting this date. On motion by Councillor J. Ziegler, the minutes of the regular meeting held November 14 and the special meeting held November 20, 1995, as mailed to the Mayor and Councillors, were accepted. A. COMMUNICATIONS - Nil. 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. Mr. L.F. Parkhouse advised Council that Mr. L. Gordon had earlier requested E 95-75 - Expression of Interest of Consultant Services respecting the Market Garage Repair Program, be withdrawn from the Committee of the Whole Agenda on the direction of Mr. T. McKay. Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic "That tender T95-84, Printing Leisure Magazine, be awarded to Southwestern Ontario Printing, Tillsonburg at their tendered price of $63,067.19 (Option A. 1 and B) plus G.S.T. and P.S.T." Carried. Mr. Howard Dyck, Artistic Director of the Kitchener-Waterloo Philharmonic Choir, appeared as a delegation to thank Council for its support of the Choir's tour of Germany and Austria last August. Attached to a covering letter that was circulated this date was a review of their performance in Germany. He indicated that the question was previously raised as to whether Choirs from Europe would pay a return visit and Mr. Dyck confirmed that planning for such a visit was already taking place. He also noted that the Choir has received several invitations to tour and perform in Japan, Eastern Europe and Italy. Finally, Mr. Dyck extended an invitation to members of Council to attend the Choir's presentation of Handel's Messiah on December 9th or 10th. Mr. Bruce Scheifele appeared as a delegation to object to Clause #7 of the report of the Finance and Administration Committee recommending no action on the request of the Optimist Club of Lakeshore Village, Waterloo, for permission to hold a Monte Carlo event in Kitchener. Mr. Scheifele requested reconsideration of the first part of Clause #7 and noted that he was in support of the second part of the motion. He then commented on the future of the group's work in both Kitchener and Waterloo and pointed out that regulatory policy, such as a physical presence, only complicates how the Club delivers its assistance. Further, he suggested that the physical presence policy would only serve to create animosity and also pointed out that 30% of the Club's members reside in Kitchener. He asked for the Committee's approval of their request in order that the event could proceed while the guidelines are under review. Finally, he stated that he would agree that funds raised in Kitchener would remain in Kitchener. In response to Councillor M. Wagner, Mr. Scheifele advised that the Club's records show that some $49,000.00 benefitted Kitchener residents but was raised outside of Kitchener. He further commented that because of the nature of the Twin Cities and their boundary the fact is that money is distributed within both Cities. In response to Councillor G. Lorentz, Mr. Scheifele advised that he was not aware of the City's policy until this situation arose. Also attending with Mr. Scheifele were Mr. Brian Blackmere and Mr. James Cullen. Mr. James Cullen appeared before Council to respond to questions. Councillor T. Galloway advised that he has consistently opposed approval of outside groups conducting fundraising events in Kitchener. He stated that his concern was with private operators monopolizing available sites. Councillor Galloway questioned if Mr. Cullen was aware of the City of Kitchener policy requiring exemption from the policy and Mr. Cullen advised that he was. Further, he noted that his company had just begun operating in the Kitchener-Waterloo market and that there was a waiting list of worthwhile charities wishing to conduct events. NOVEMBER 27, 1995 COUNCIL MINUTES - 594 - CITY OF KITCI:IENER Councillor K. Redman requested an opinion of Mr. J. Shivas, City Solicitor, regarding whether or not the City could hold Mr. Scheifele to his offer to spend a percentage of the proceeds raised in Kitchener within Kitchener. Mr. Shivas advised that it was within Council's discretion to establish policy in the best interest of the municipality, subject to such policy conforming with Provincial legislation. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner "That Clause #7 of the report of the Finance and Administration Committee of this date be adopted." Councillor J. Ziegler advised that he would like Clause #7 divided into 2 parts when Council votes on it. Councillor G. Lorentz supported the review and revision of current policy. Councillor T. Galloway stated that his concern was that there was a waiting list of organizations wishing to hold Monte Carlo events in Kitchener and sites need to be developed in the City of Waterloo as has taken place in Kitchener. He stated that he still had concern that Council not open its policy up to groups from outside of Kitchener until there were enough sites available in other municipalities. Councillor B. Vrbanovic stated that he had supported no action on the request. He commented that this policy was set up so as to address enforcement concerns and ensure that Kitchener charities had a place from which to operate. Also, he commented that it would seem more and more groups are relying on Kitchener to fulfill their Iocational needs for holding events and he suggested that it was time that location cultivation took place in other municipalities. He indicated that he would support granting the licence to the Optimist Club on this occasion. Councillor J. Ziegler advised that he would support exemption for this specific request of the Optimist Club of Lakeshore Village. Councillor K. Redman requested clarification as to spending of proceeds in Kitchener and Mr. Scheifele provided a guarantee that he would ensure this took place. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That Clause #7 of the report of the Finance and Administration Committee of this date be amended to change the recommendation from no action to approval and that the amended recommendation read as follows: 'That the City of Kitchener grant an exemption to their existing policy and that they have no objection to a Provincial Licence being issued to the Optimist Club of Lakeshore Village, Parkdale P.O. 28071, Waterloo, to hold a Monte Carlo Event on December 21, 22 and 23, 1995 at the Turf Club, 4278 King Street East, Kitchener, and further, That staff initiate a review of the current policy that only organizations with a physical presence in the City of Kitchener be approved for lotteries, to include representatives of those agencies involved in establishing the current policy, and submit a report for consideration by the Finance and Administration Committee."' Carried. Mrs. Nancy Brawley, appeared as a delegation to support Clause #2 of the report of the Finance and Administration Committee of this date and to thank Council for all of its support toward downtown improvement. She noted that there has been visible improvement in the downtown core, all of which started with implementation of the new parking policies. Ms. Brawley emphasized that in spite of the changes to parking policy, parking was still very much an issue and does impact in negative ways on various businesses such as the Walper Hotel. In response to Mayor R. Christy, she advised that the K.D.B.A. would be looking after advertising the free downtown parking all day Saturday during the period December 2-January 6. In response to Councillor Jake Smola who questioned how the owners of private parking lots feel about the City making free parking available all day Saturday, she advised that very few were impacted by this initiative. She also noted that the King Value Centre has not commented on the Saturday free parking in City parking facilities. Councillor G. Lorentz commented that he disagreed with some of the comments made by Ms. Brawley and noted that businesses were having difficulties in local malls, as well as the downtown and this should not be ignored. Further, he stated that people were confused by the City's parking policy. Councillor T. Galloway stated that he wished to correct Ms. Brawley's comment alluding to the fact that Councillors were elected in part on downtown issues. He noted that the downtown was not a campaign issue of his NOVEMBER 27, 1995 COUNCIL MINUTES - 595- CITY OF KITCI:IENER and stated that this was last issue he will support regarding the downtown unless Recommendation #13 of the Mayor's Task Force was resolved. He noted that he has not been made aware of an education program regarding the parking policies undertaken and has not seen monitoring of employees parking habits within the downtown that would prevent abuse of the parking policy. Councillor John Smola commented that Council has given detailed attention to parking issues and incurred substantial cost in support of a parking policy to assist downtown businesses. He stated that he thought the existing parking guidelines were sufficient and that it was his view a $1.00 charge for 3 hours parking was very reasonable. Councillor M. Wagner stated that he would support the Committee recommendation this time but requested assurance that store owners realize that they have to do their part to effect downtown improvements. Mayor R. Christy requested Mrs. Brawley to review the parking abuse issue with downtown owner's staff and be prepared to provide assurance that abuses were not taking place. Councillor Jake Smola also commented that a $1.00 charge for 3 hours parking was very reasonable and stated that, at some time, Council must receive a report on how much it has spent and the benefits received relative to improvement initiatives in the downtown. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner "That Clause #2 of the Finance and Administration Committee report of this date be adopted." Carried. A recorded vote was requested by Councillor G. Lorentz. IN FAVOUR: Mayor R. Christy and Councillors K. Redman, B. Vrbanovic, T. Galloway, C. Weylie, M. Yantzi, J. Ziegler and M. Wagner. CONTRA: Councillors John Smola, G. Lorentz and Jake Smola. Motion Carried. Mr. Bill Boettinger appeared as a delegation to comment on the Christmas light decorations placed in Victoria Park. He stated that thousands of families have since visited the park and extended congratulations to Council for its activity in this regard. Councillor T. Galloway advised that while Council financially supported the undertaking, it was the individuals who brought the initial proposal to conclusion. He suggested it would be better if the City passed on credit to the various organizations and, in particular, to staff of the Hydro-Electric Commission of Kitchener-Wilmot. Mayor R. Christy confirmed that at the last Hydro meeting he had requested that the City's appreciation be conveyed to Hydro staff. Ms. Maryann Wasilka and Patti Schwartz appeared as a delegation in regard to Clause #2 of the report of the Community Services Committee of this date, dealing with community use of school facilities. Ms. Wasilka advised that she was speaking on behalf of the Central Frederick Neighbourhood Association and neighbours in regards to the proposal by the School Boards to charge $9.00 per hour for use of schools by community organizations. She advised that she had inquired with City staff in respect to this issue and its relationship to the City's Reciprocal Use Agreement with the School Boards and that to this date she has not received a response from City staff. She stated that her neighbourhood lacks a community centre and must rely on schools but that, if changes were made to the Reciprocal Use of Facilities Agreement, her neighbourhood would be negatively affected and to a larger degree than other areas of the City that have the centres. Ms. Wasilka referred to various questions listed in her correspondence which have remained unanswered. Councillor G. Lorentz stated that, at this point in time, there were no simple answers to the issues raised and Mr. B. Arnot advised that the report on the issue under discussion has not yet been approved by the Board of Education. Councillor J. Ziegler suggested the City could consider supporting the hourly cost of school facilities in areas that lack community centres and suggested staff prepare a cost estimate for consideration as part of the 1996 Council budget meeting. Councillor K. Redman commented that the entire subject has been a moving target and difficult to deal with and Councillor M. Yantzi stated that there was really no option except to wait and see what action the Board of Education takes on the proposal. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway NOVEMBER 27, 1995 COUNCIL MINUTES - 596- CITY OF KITCI:IENER "That Clause #2 of the report of the Community Services Committee of this date be adopted." Carried. Councillor J. Ziegler requested that staff obtain information for the budget meeting as to what it would cost to support groups that do not have access to a community centre and, following a further question from Councillor K. Redman, Mr. B. Arnot advised that it was the intent of staff to review the entire matter at the end of the year. Ms. Rosemary Aiker appeared as a delegation in regard to the Children's Museum Project, details of which were presented to the Community Services Committee on November 20, 1995. She commented that such a Children's Museum could attract significant numbers of visitors to the City. At this time, a video presentation called "Trucks" was shown to the Committee to illustrate some of the related activities. Again, she expressed thanks for the City's support of their initiative to date. Mr. Gary Melanson, 235 King Street East, Box 1234, appeared as a delegation on behalf of the applicant respecting the decision of the Committee of Adjustment which recommended approval of Submission No. F 9/95 relative to a fence application of Doug and Cathy Antoniak regarding lands known municipally as 129 Cedar Crest Street. He requested that Council ratify the Committee of Adjustment's decision with the exception that the fence be cut to allow for a visibility triangle. Mr. Melanson circulated photographs of the fence in question illustrating issues of pedestrian use and privacy. A general discussion took place covering issues of setback, privacy, removal of a portion of the fence, safety/visibility exiting the driveway and aesthetics. Moved by Councillor G. Lorentz Seconded by Councillor John Smola "That, subject to the deletion of Condition #1, the decision of the Committee of Adjustment sitting as a Standing Committee of City Council of October 24, 1995, recommending approval of Submission No. F 9/95 - Doug and Cathy Antoniak, be ratified and confirmed." Motion Lost. Moved by Councillor M. Wagner Seconded by Councillor Jake Smola "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council of October 24, 1995, recommending approval of Submission No. F 9/95 - Doug & Cathy Antoniak - Be Ratified and Confirmed." Carried. Ms. Barbara Whiteley appeared as a delegation in support of Clause #2 of the report of the Planning and Economic Development Committee of this date. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That Clause #2 of the report of the Planning and Economic Development Committee of this date be adopted." Carried. Mr. James Ayres, Smith, Lyons, Torrance, Stevenson & Mayer, Barristers and Solicitors, Toronto, was expected to attend the meeting this date regarding Item B.8 of the Committee of the Whole agenda of this date, dealing with correspondence between Mr. Ayres and Mr. Witmer respecting a demolition permit for the building known as 30 Francis Street, however, he was not in attendance. Councillor M. Wagner commented that there would appear to be some confusion on the issue and noted that it also appears that a related land swap was under consideration by the Wittington Group of Companies. Councillor Wagner suggested the matter be deferred and referred to the Planning and Economic Development Committee for consideration. Mr. T. McCabe confirmed that he would like to see NOVEMBER 27, 1995 COUNCIL MINUTES - 597- CITY OF KITCI:IENER additional discussion and investigation take place and have a report for the January meeting of the Planning and Economic Development Committee. Mr. J. Witmer briefly commented on the issue which is that, until the Wittington Group of Companies submitted a formal application, no action could be taken, but now January 26, 1996 was the deadline by which the application must be considered. Moved by Councillor M. Wagner Seconded by Councillor Jake Smola "That the Department of Planning and Development be requested to prepare a report for consideration by the Planning and Economic Development Committee at its January 8, 1996 meeting, respecting the details relative to the application of the Wittington Group of Companies for a demolition permit for the property known municipally as 30 Francis Street South." Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee of Council of this date be adopted." In reference to Clause #9 of the report, Councillor T. Galloway stated that he supports removal of the "as of right" for a second unit in dwellings but expressed concern that staff have consistently supported the "as of right" entitlement and such contrary positions may create difficulties in future. Mr. T. McCabe advised that staff would like the opportunity to prepare a discussion paper on alternative directions to take on this issue and that a staff report in this regard be presented for discussion at the January meeting of the Planning and Economic Development Committee, after which Council could then give direction relative to a public meeting in this regard. Councillor J. Ziegler commented that the intent of his motion at the Committee meeting was clear and that, if any change was to be made to the Committee recommendation, it should be clear that the discussion paper must be about the issue of the "as of right" entitlement to a second unit in dwellings. On motion by Councillor B. Vrbanovic, seconded by Councillor M. Wagner, it was agreed to amend the wording in the second paragraph of Clause #9 so as to provide for staff to prepare a discussion paper pertaining to the removal of second units. Councillor J. Ziegler referred to Clause #10 of the Planning and Economic Development Committee report and objected to deferral and referral of the entire resolution. He indicated that his intent was that a $2,000.00 limit be established immediately for any single special event expenditure so as to establish some Council authorization and control without waiting for the 1996 budget meeting. Mayor R. Christy assured members of Council that there would be no further expenditures on such events until the matter was dealt with at Council's February 2, 1996 budget meeting. Councillor J. Ziegler indicated that he was satisfied with this assurance and withdrew his objection to the deferral. The report was then put to a vote. Voted on Clause by Clause. Clause #2 - dealt with under delegations and Carried. Clause #9 - Carried, As Amended. Balance of Report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor M. Yantzi "That the report of the Community Services Committee of this date be adopted." Voted on Clause by Clause. Clause #2 - dealt with under delegations and Carried. Balance of Report - Carried. NOVEMBER 27, 1995 COUNCIL MINUTES - 598- CITY OF KITCI:IENER Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner "That the report of the Finance and Administration Committee of this date be adopted." Councillor B. Vrbanovic disclosed a pecuniary conflict of interest and abstained from all discussion regarding Clause #1 (monthly parking), as his wife is employed by the City of Kitchener. On motion by Councillor J. Ziegler, seconded by Councillor M. Wagner, it was agreed to amend Clause #6 of the report so as to include reference to Chapter 710 of the Municipal Code being amended in accordance with the recommendation. Councillor J. Ziegler questioned how fees were applied with regard to renovations, additions and electrical and mechanical upgrades and Mr. J. Witmer explained alternative policies in that regard. The report was then put to a vote. Voted on Clause by Clause. Clause #1 - motion redundant and not considered as the issue being dealt with under Notice of Motion for Reconsideration. Clause #2 - dealt with under delegations and Carried. Clause #6 - Carried, As Amended. Clause #7 - dealt with delegations and Carried, As Amended. Balance of Report - Carried. Recorded Pecuniary Conflict of Interest and Abstention: Clause #1 - Councillor B. Vrbanovic as his wife is employed by the City of Kitchener. Moved by Councillor John Smola Seconded by Councillor M. Wagner "That the report of the Public Works and Transportation Committee of this date be adopted." Carried. Motion For Reconsideration On November 14, 1995, Councillor C. Weylie gave notice that she would introduce a motion to reconsider Clause #6 of the September 25, 1995 Finance and Administration Committee report dealing with parking for City staff. Councillor B. Vrbanovic disclosed a pecuniary conflict of interest and abstained from all discussion on the parking issue, as his wife is employed by the City of Kitchener. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That this Council reconsider Clause #6 of the Finance and Administration Committee report considered by City Council on September 25, 1995, in which it defeated the following Committee recommendation, namely: 'That the existing arrangement of providing free parking for those employees who require their vehicle to perform their regular duties, as set out in Option #1 of Traffic and Parking Division Report DOPWR 95-40, be maintained, and further, That a fair and equitable monthly parking rate reduction of $20.00 be offered to City Hall employees who choose to drive to work as set out in Option #3 of the same report."' COUNCIL MINUTES NOVEMBER 27, 1995 - 599- CITY OF KITCI:IENER Carried, with required 2/3 majority. Recorded Pecuniary Conflict of Interest and Abstention: Councillor B. Vrbanovic, as his wife is employed by the City of Kitchener. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the existing arrangement of providing free parking for those employees who require their vehicle to perform their regular duties, as set out in Option #1 of Traffic and Parking Division Report DOPWR 95-40, be maintained, and further, That a fair and equitable monthly parking rate reduction of $20.00 be offered to City Hall employees who choose to drive to work as set out in Option #3 of the same report, and further, That the rate schedule be implemented December 1, 1995." A brief discussion of Councillor Weylie's motion took place. Councillor T. Galloway commented that he would like to see all staff pay toward parking. He noted that Kitchener was the only institution with a 2 tier parking system and that all other institutions have a single tier system. However, he stated that he would support a $40.00 monthly charge rather than $60.00 on the basis that this was more equitable for those working at City Hall and that it was his hope in future all staff would pay a flat rate towards parking. Councillor John Smola advised that he supported free parking but did comment that in the survey of 14 private operators of parking lots it would appear that $40.00 was an average monthly figure. Councillor J. Ziegler stated that he would support the motion subject to an interim report being provided after 6 months and a review of the entire matter after 1 years experience. Councillor Weylie's motion was then put to a vote and Carried. Councillor B. Vrbanovic, previously disclosed a pecuniary conflict of interest and abstained from all discussion and voting, as his wife is employed by the City of Kitchener. Councillor Jake Smola first expressed appreciation to the Mayor for his role in the Kitchener Remembers activities commemorating the 50th Anniversary of Remembrance Day and end of the Second World War. He also commented on Fire Chief Hancock's activities with regard to Fire Station Relocation Plan. Councillor G. Lorentz advised that in May of 1995, Council approved the purchase of firefighter defibrillators to complement the ongoing tiered medical response program. In this regard, members of Council were circulated with a memorandum dated November 27, 1995 from Fire Chief J. Hancock, commenting on the subject and recommending approval of interim funding of $75,000.00 for the purchase of defibrillators. Chief Hancock advised that a fundraising letter has gone out to more than 30 agencies and commented that it was a long process to raise required funds but it was expected one special event would raise a very substantial portion of the required funds. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That interim funding of $75,000.00 be approved for the purchase of defibrillators with repayment from public fundraising." Carried. Councillor M. Wagner referred to the approval of reduced monthly parking for City staff agreed to this date and requested that a $20.00 reduction in monthly transit passes be proposed for discussion at the next Environmental Committee, December 6, 1995. Councillor C. Weylie extended congratulations to Ms. Gibaut and staff of the Economic Development Division for their work in putting on the Business Heritage Week, which was so successful. NOVEMBER 27, 1995 COUNCIL MINUTES - 600- CITY OF KITCI:IENER Councillor M. Wagner raised the matter of the Arts and Culture Master Plan and Councillor B. Vrbanovic advised that 4 intense days had been completed in developing the plan and the process in that regard. It was expected that the final plan would be brought to City Council in June 1996 but with an update early in 1996. Councillor B. Vrbanovic advised that during a meeting at the Grand River Conservation Authority, the Kiwanis Park received a reprieve until January 1996, pending an initiative to revive the earlier Kiwanis Park Committee that would be requested to review new information on the entire matter. Councillor T. Galloway raised a question with regard to the matter of billboards in the City and noted that one was recently installed about 150 feet from 2 homes. He acknowledged that the permit was granted prior to the moratorium of City Council and the installation only recently took place. However, he thought that within the by-law no billboard could be within a certain number of feet of a residence. Mr. T. McCabe advised that the by-law applies to distance between a billboard sign and the residential zone. The new by-law prohibits billboards in agricultural zones but they do exist in existing industrial zones where residences may be nearby. Councillor Galloway advised that he has requested Gould Outdoor Advertising to summarize the costs that would be incurred if a relocation of the recently installed sign was undertaken. He suggested that the Committee will have to revisit the billboard regulations to address loopholes and Mr. T. McCabe advised that he would report in that regard. Councillor Jake Smola referred to the recent banquet costs incurred at the Walper Hotel with respect to the Lord Kitchener visit and requested assurance that the costs for the banquet would not be taken off the outstanding tax bill of the Walper Hotel and that a proper billing procedure for the event would take place. Mayor R. Christy advised that this was the intention. At the request of Mr. L.F. Parkhouse, Council agreed to add a by-law to the agenda for three readings which would amend Chapter 430 of the Municipal Code with respect to Group Homes registration. Moved by Councillor G. Lorentz Seconded by Councillor John Smola "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend Chapter 170 of The City of Kitchener Municipal Code with respect to Purchasing and Materials Management (b) Being a by-law to exempt a certain lot from Part Lot Control - Lot 7 and 8, Registered Plan 1791 - Dawn Ridge Drive; and Block 37, Registered Plan 1727 - Bankside Drive (c) Being a by-law to exempt a certain lot from Part Lot Control - Blocks 1 to 25, Registered Plan 1822 - Wilderness Drive, Grey Fox Drive, Waterwillow Court, Orchid Crescent, Queen Charlotte Crescent (d) Being a by-law to amend By-law 85-1 - R. Kennel - 73-75 Wellington Street North - No. 95/11/WNL (e) (f) (g) (h) (i) (J) Being a by-law to amend By-law 85-1 - James Reslein and Barbara Whiteley - 868 Doon Village Road - No. 95/03/D/ZJ To confirm all actions and proceedings of the Council Being a by-law to amend Chapter 380 of the City of Kitchener Municipal Code with respsect to Tariff of Fees - Planning Matters Being a by-law to amend Chapter 710 of the City of Kitchener Municipal Code with respect to Building - Permits and Fees 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 Being a by-law to amend By-law 85-1 - ICI Realty Corporation Inc. - Briarmeadow Drive at Fairway Road - No.95/15/B/JW NOVEMBER 27, 1995 COUNCIL MINUTES -601- CITY OF KITCI:IENER (k) Being a by-law to amend Chapter 430 of the City of Kitchener Municipal Code with respect to Group Homes - Registration. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor R. Christy appointed Councillor J. Ziegler as Chair. On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Moved by Councillor G. Lorentz Seconded by Councillor John Smola "That the by-laws listed on the agenda for third reading, namely: (a) (b) Carried. Being a by-law to amend Chapter 170 of The City of Kitchener Municipal Code with respect to Purchasing and Materials Management (By-law No. 95-170) Being a by-law to exempt a certain lot from Part Lot Control - Lot 7 and 8, Registered Plan 1791 - Dawn Ridge Drive; and Block 37, Registered Plan 1727 - Bankside Drive (c) (d) (e) (f) (g) (h) (By-law No. 95-171 ) Being a by-law to exempt a certain lot from Part Lot Control - Blocks 1 to 25, Registered Plan 1822 - Wilderness Drive, Grey Fox Drive, Waterwillow Court, Orchid Crescent, Queen Charlotte Crescent (By-law No. 95-172) Being a by-law to amend By-law 85-1 - R. Kennel - 73-75 Wellington Street North - No. 95/11/WNL (By-law No. 95-173) Being a by-law to amend By-law 85-1 - James Reslein and Barbara Whiteley - 868 Doon Village Road - No. 95/03/D/ZJ To confirm all actions and proceedings of the Council (By-law No. 95-174) (By-law No. 95-175) Being a by-law to amend Chapter 380 of the City of Kitchener Municipal Code with respsect to Tariff of Fees - Planning Matters (By-law No. 95-176) Being a by-law to amend Chapter 710 of the City of Kitchener Municipal Code with respect to Building - Permits and Fees NOVEMBER 27, 1995 COUNCIL MINUTES - 60~- CITY OF KITCHENER (i) (J) (k) (By-law No. 95-177) 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. 95-178) Being a by-law to amend By-law 85-1 - ICI Realty Corporation Inc.- Briarmeadow Drive at Fairway Road - No.95/15/B/JW (By-law No. 95-179) Being a by-law to amend Chapter 430 of the City of Kitchener Municipal Code with respect to Group Homes - Registration. (By-law No. 95-180) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned. MAYOR CLERK PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - That Council approve application CD/95/005 (Robert Reid Barnhart) subject to the Owners entering into an Agreement under Section 12(1) of the Rental Housing Protection Act, which shall be executed and registered against the title to the lands at 35 Caprice Court as part of any subsequent condominium agreement. The Agreement shall contain the following conditions: a) The Owner agrees to supply the City's Policy, Research and Housing Division with a list of the names and addresses of all the tenants who occupy the residential units which now exist upon the subject lands, hereinafter called the "Existing Units", as of the date Council's approval of this Agreement under the Rental Housing Protection Act. Further, the Owner shall supply the City's Policy, Research and Housing Division with the names and addresses of any new tenant who commences to occupy an Existing Unit between the date of Council's approval of the Agreement and the date of registration of the final plan of condominium. All tenants referred to above are hereinafter called "the Tenants". b) The Owner agrees to give notice to the Tenants of their rights under the terms of the Agreement, within 30 days following the date of registration of the final plan of condominium, by providing them with a copy of this agreement and by filing proof of notification with the City's Policy, Research and Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by the Tenant as acknowledgement of receipt. c) This Agreement shall confer no rights whatsoever upon any new tenant who enters into a lease agreement with the Owner and occupies an Existing Unit after the date of registration of the final plan of condominium (hereinafter called a "Post-Registration Tenant"). The Owner shall give notice of this agreement to all Post-Registration Tenants, at the time they enter into their leases, and provide proof of notification to the Policy, Research and Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by such tenants as acknowledgement of receipt, following which such tenants shall be deemed to have notice that they do not have any rights under this agreement. d) The Owner agrees that, in the event a Tenant wishes to continue to rent and occupy his or her Existing Unit, or to rent it until such time as he or she might exercise his or her right to purchase, the following conditions apply: The Tenant shall be entitled to continue to rent the unit which he or she is currently renting and occupying for a period of up to five years following the date of registration of the final plan of condominium (herein after called the "Five Year Rental Period"). Throughout the Five Year Rental Period, the applicable rent for a given unit shall not exceed the lawful maximum rent which could be charged for that rental unit under the Residential Rent Regulation Act, R.S.S. 1990, c. R.29, as amended (hereinafter called the "RRR Act") and any increases to that rent throughout the Five Year Rental Period shall be subject to the RRR Act. At the Tenant's discretion, the Owner and Tenant shall enter into a lease, leases, renewal or renewals for all or part of the Five Year Rental Period for such term or terms as is agreed to from time to time by the Tenant and the Owners, provided that the total term thereof does not exceed the Five Year Rental Period. The Owner agrees to supply the City's Policy, Research and Housing Division with an executed copy of the lease, and any subsequent renewals thereof during this five year period. e) The Owner shall provide the Tenant or Tenants occupying an Existing Unit with the right of first refusal to purchase it during the Five Year Rental Period. To establish that a Tenant has foregone or waived his or her right of first refusal to purchase, the Owners shall provide the Policy, Research and Housing Division with a written waiver of such PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 1. Cont'd right executed by the Tenant, witnessed and dated subsequent to the date of registration of the final plan of condominium. If, at any time during the Five Year Rental Period, the NOVEMBER 27, 1995 COUNCIL MINUTES - 604 - CITY OF KITCI:IENER COUNCIL MINUTES NOVEMBER 27, 1995 - 604- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL Owner receives a bona fide, arms length offer to purchase an Existing Unit which the Owner is willing to accept and if the Tenant or Tenants of such unit have not waived their rights of first refusal to purchase, the Owners shall notify the Tenant or Tenants of such unit by providing them with a true copy of the offer to purchase and the Tenant or Tenants shall have the right, during the ten days immediately following the receipt thereof, to purchase the unit by delivering to the Owner a signed offer to purchase for the price and upon the terms and conditions contained in the original offer, which the Owner shall accept immediately. The Owner shall provide proof of notification to the City's Policy, Research and Housing Division, either by a sworn affidavit or service or by a copy of the original offer to purchase signed by the Tenant as acknowledgement of receipt. If the Tenant or Tenants do not deliver an offer to purchase to the Owner within ten days, the Tenant or Tenants shall be deemed not to have exercised the right of first refusal and the Owner may accept the original offer to purchase. If for any reason the Tenant or Tenants do not exercise the right of first refusal and the Owner does not complete the offer to purchase which had been received, the right of first refusal of the Tenant or Tenants shall continue in effect. f) It is hereby agreed that the Tenant shall lose his or her rights under this Agreement if: the Tenant vacates the Existing Unit with or without due notice to the Owner; the Tenant sublets the Existing Unit; or the Owner obtains a writ of possession to the Existing Unit, all rights of appeal in respect thereof have expired and the Owner files a copy thereof with the Policy, Research and Housing Division. g) The Owner agrees to engage the services of a consultant with qualifications acceptable to the City's Chief Building Official, to conduct an audit of the condition of the Premises, prior to draft approval of any plan of condominium on the lands, and to file the results of the audit with the City of Kitchener Policy, Research and Housing Division. The Owner shall correct, to the satisfaction of the Chief Building Official, deficiencies identified in the audit which relate to the Building Code, Building By-law, Fire Code, or Property Standards By-law. Upon correction, the City's Chief Building Official will notify the Owner in writing that the deficiencies have been corrected to his satisfaction. h) Prior to the sale of any of the Existing Units, the Owner shall notify potential purchasers that the results of the audit are available for their consideration. It is the opinion of this Committee that approval of this application is proper planning for the City. That Zone Change Application 95/3/DV/ZJ (J. Reslein & B. Whiteley) requesting a change in zoning from Neighbourhood Institutional (I-1) to Residential Six Zone (R-6) with special regulation provision 218R according to By-law 85-1 on Block I, Registered Plan 1367, be approved in the form shown in the "Proposed By-law" attached, dated October 11, 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. (Dealt with under delegations and Carried). That the Grand River South Area 1 Community Plan be revised as follows: That Map No. 1 "Land Use Plan" be revised to change the designation of a 0.68 hectare parcel of land situate at the northwest corner of Fairway Road and Briarmeadow Drive PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 3. Cont'd COUNCIL MINUTES NOVEMBER 27, 1995 - 605- CITY OF KITCHENER COUNCIL MINUTES NOVEMBER ~7, 1995 - 605- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL from "Multiple Residential (40 units per hectare)" to "Community Institutional" as shown on the revised Map No. 1 attached, dated October 1995. 2) That the title of Section 3.4 be changed from "School and Park Facilities" to "School, Park and Institutional Uses". 3) That the following policy be added to Section 3.4: "3.4.5 THAT a Community Institutional site of approximately 0.68 hectares be located at the northwest corner of Fairway Road and Briarmeadow Drive as shown on Map 1. Residential uses shall include Multiple Dwellings and Street Townhouses but not Single Detached, Semi-detached or Duplex Dwellings. Convenience Retail, Financial Establishment and Personal Services shall only be permitted as secondary uses within a mixed use building." That Zone Change Application 95/15/B/JW (ICI Realty Development Inc.) requesting a change in zoning from Residential Six (R-6) with Special Use Provision 179 to Community Institutional (I-2) with Special Use Provision 215 according to By-law 85-1, on Block 34, Registered Plan 1799, be approved in the form shown in the attached "Proposed By-law", dated October 10, 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. That the Laurentian West Community Plan, as revised and dated November 25, 1993, be further revised by adding the following new policy: "2.13 That notwithstanding Section 2.12 herein, those lands municipally addressed as 1461, 1471 and 1487 shall be permitted to create one additional residential lot having direct access onto Ottawa Street South." That Zone Change Application 95/6/0NL (H. Drost, L. Hoy, L. Ruller) requesting a change in zoning from Residential One Zone (R-l) to Residential Three Zone (R-3) according to By-law 85-1 on lands legally described as Part of Lot 8 and Lots 9 and 10, Registered Plan 1820, be approved in the form shown in the "Proposed By-law" attached, dated September 27, 1995, subject to the following conditions. i) That the owners agree 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. ii) The owner acknowledges that Condition 1 hereof, is required to be satisfied no later than (7) seven months of Council having approved by resolution, the amending zoning by-law relative to Zone Change Application 95/6/0NL. In the event this requirement is not fulfilled within the seven month period, Council shall consider rescinding its zone change approval. 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. COUNCIL MINUTES NOVEMBER 27, 1995 - 606- CITY OF KITCI:IENER COUNCIL MINUTES NOVEMBER 27, 1995 - 606- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) That Zone Change Application ZC 95/11/WNL (Richard Kennell), 73 and 75 Wellington Street North, requesting a change in zoning from Residential Five Zone (R-5) to Residential Six Zone (R- 6) according to By-law 85-1 be approved in the form shown in the "Proposed By-law" attached, dated October 6, 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 City's Municipal Plan. That Demolition Control Application DC 94/10/C/RM (City of Kitchener) requesting approval for the demolition of a single detached dwelling located at 33 Cedar Street South legally described as Part Lot 1, Plan 265 be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. That LACAC use the Community Planning process and each year's approved Staging of Development Report to prioritize the review of heritage resources which may be impacted by future plans of subdivision. 2) That where a property is designated under the Ontario Heritage Act or listed on the municipal database of heritage resources, pre-grading of the lands containing the heritage resource or the lands adjacent to those containing the heritage resource, shall not be authorized until approval to proceed with pre-grading is provided by the Public Works Department in consultation with the Assistant General Manager of the Department of Planning and Development. 3) That where a property is designated under the Ontario Heritage Act or listed on the municipal database of heritage resources, a Heritage Impact Assessment may be required by the City for any Plan of Subdivision application submitted for lands containing the heritage resource or lands adjacent to those containing the heritage resource. 4) Heritage Impact Assessments shall comply with the Department of Planning and Development "Heritage Impact Assessment Guidelines". 5) That City Council delegate approval authority for Heritage Impact Assessments to the Assistant General Manager of the Department of Planning and Development, with the understanding that should the Subdivider disagree with the decision of the Assistant General Manager, the matter shall be referred to City Council for consideration. 6) That Heritage Impact Assessments receive final approval prior to or concurrent with draft plan of subdivision approval. 7) That where an approved Heritage Impact Assessment recommends the retention either in full or in part of the heritage resource, the following condition be included in the conditions for draft plan of subdivision approval for the lands containing the heritage resource or the lands adjacent to those containing the heritage resource; 'Prior to any demolition, grading, release of the Plan for registration or other disturbance which may impact the heritage resource(s) identified in the Heritage Impact Assessment; the recommendations of the Assessment as approved, shall be fulfilled by the Subdivider to the satisfaction of the Assistant General Manager of the Department of Planning and Development'. COUNCIL MINUTES NOVEMBER 27, 1995 - 607- CITY OF KITCHENER COUNCIL MINUTES NOVEMBER 97, 1995 - 607- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 7. Cont'd 8) That immediately following registration of the subdivision plan, where an approved Heritage Impact Assessment recommends the retention either in full or in part of the heritage resource located within the Plan, and where such heritage resource is listed on the municipal database of heritage resources, consideration shall be given to formal designation of the heritage resource under the Ontario Heritage Act, with the designating By-law to be registered against the specific lot(s) or block(s) created by the plan of subdivision as recommended in the approved Heritage Impact Assessment. Where the heritage property was previously designated under the Ontario Heritage Act and the designating By-law has been registered against lands that do not conform to the lot(s) or block(s) on which the heritage resource should be located, at the request of the property owner, Council may repeal the old designating By-law and re-designate, pass and register a new designating By-law against the specific lot(s) or block(s) created by the plan of subdivision, as recommended in the approved Heritage Impact Assessment. That, City Council endorses the Revised Updated City of Kitchener Strategic Plan for the Environment and recommend implementation of the Strategic Plan subject to Budget approvals. That the Department of Planning and Development be requested to review the implications of the repeal of the requirement in the Residents Rights Act (Bill 120) requiring municipalities to allow second units in detached, semi-detached and row houses, and further, That the Department prepare a staff report as a discussion paper on recent changes to the Planning Act and that it incorporate alternative directions pertaining to removal of second units in dwellings for consideration by the Planning & Economic Development Committee in January 1996. (As Amended). 10. That the following matter be deferred and referred to the 1996 budget meeting of the Finance and Advisory Committee: "That a $2,000 limit be established immediately for a single special event expenditure which can be authorized by the Mayor subject to the costs falling within the overall Mayors Office budget without over-expenditure. Further, that a line item be established in the Mayors Office budget covering special event discretionary expenditures commencing with the 1996 Budget. Further, such expenditures in excess of $2,000 must be either itemized specifically in the budget or first require Council endorsement." COMMUNITY SERVICES COMMITTEE - That we approve of the partnership and proposal for the construction of a pavement maze for Victoria Park, and further, That the City's involvement for this project be limited to in-kind services. COUNCIL MINUTES NOVEMBER 27, 1995 - 608- CITY OF KITCI:IENER COUNCIL MINUTES NOVEMBER 27, 1995 - 608- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL That Council support, with some reservations, the resolution of the Waterloo County Board of Education Management Committee regarding the recovery and collection of custodial overtime costs for the community use of schools, as attached to the report of Mr. R. Wyatt, Manager, Athletics, Community Arenas, Design/Development, dated November 15, 1995, and further, COMMUNITY SERVICES COMMITTEE (CONT'D) - 2. Cont'd That Council support the change to the existing Community Use of Schools Agreement accordingly, and further, That Council support a complete review by City staff and Board staff of existing agreements between the City of Kitchener and the Waterloo County Board of Education, and further, That Council values the input of volunteers and will work with community groups to try and reduce this fee. (Dealt with under delegations and Carried). That the Fire Prevention Bureau establish a program to assume properties presently inspected by the Fire Marshall's Office, under the Hotel Fire Safety Act, the Nursing Home Act, and further, That the Fire Prevention Division inspect, conduct prefire planning, fire drills and evacuation program with the existing staff in the Fire Prevention Division, and further, That the Fire Prevention Division expand upon its commitment to fire safety through prevention and education, and further, That this approval be subject to satisfactory compensation from the Fire Marshall's Office. 4. That we approve, in principle, the 1996 Festival of Neighbourhoods, and further, That the grant request of the 1996 Festival of Neighbourhoods, in the amount of $5,000.00, be referred to budget. FINANCE AND ADMINISTRATION COMMITTEE - 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. (Motion redundant and not considered as the issue being dealt with under Notice of Motion for Reconsideration). That Council accede to the request of the Kitchener Downtown Business Association and provide free Downtown parking all day Saturday (in all City owned parking locations) for the inclusive period of December 2, 1995 - January 6, 1996, and further, That Traffic and Parking Division staff work with the KDBA to develop a long term strategic parking plan, including the issue of Saturday free parking, and submit a report to Council for consideration on Budget Day, February 2, 1996. (Dealt with under delegations and Carried). NOVEMBER 27, 1995 COUNCIL MINUTES -609- CITY OF KITCI:IENER COUNCIL MINUTES NOVEMBER ~7, 1995 - 609- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL That no action be taken on the request of Vicky Moores that the City pay to her insurance company the sum of $566.70 for repairs resulting from water damage to her residence at 69 Dalegrove Drive. That the City continue the practice of charging for Council and Standing Committee minutes as initially directed in the Council resolution of October 11, 1994, and further, That in accordance with direction given by Council concerning preparation of the 1996 Budget, the amounts listed in the schedule of fees for minutes be increased by 5% effective January 1, 1996. FINANCE AND ADMINISTRATION COMMITTEE (CONT'D) - That effective January 1, 1996, the current $20.00 fee for the issuance of Birth Acknowledgement letters by the Kitchener Division Registrar (City Clerk) be increased to $21.00, and further, That effective January 1, 1996 the current $20.00 fee for letters in response to inquiries respecting assessment for local improvements and other charges be increased to $21.00. That effective January 1, 1996, the fees for the Planning/Building Applications listed in Planning and Development Department report PD 95/117 (November 15, 1995) be increased as indicated, save and accept the following change; namely, that the 1996 fee for Letters of Compliance be $65.00 or $110.00 for verbal responses within 15 days of the City's receipt of inquiry, and further, That Chapter 380 (Tariff of Fees - Planning Matters) and Chapter 710 (Building - Permits and Fees) of the Municipal Code be amended accordingly, where applicable. (As Amended) That the City of Kitchener grant an exemption to their existing policy and that they have no objection to a Provincial Licence being issued to the Optimist Club of Lakeshore Village, Parkdale P.O. 28071, Waterloo, to hold a Monte Carlo Event on December 21, 22 and 23, 1995 at the Turf Club, 4278 King Street East, Kitchener, and further, That staff initiate a review of the current policy that only organizations with a physical presence in the City of Kitchener be approved for lotteries, to include representatives of those agencies involved in establishing the current policy, and submit a report for consideration by the Finance and Administration Committee. (Dealt with under delegations and Carried, as Amended). That the City leave the Co-operative Purchasing Group as regards the purchase of unleaded gasoline and diesel fuel and call for proposals based on the City of Kitchener's Terms of Reference, with the intention of entering into a negotiated five year agreement with the selected supplier. That the existing Home Page Committee be maintained and meet on an ad hoc basis to discuss relevant issues regarding Kitchener's Home Page, and that Dianne Robertson and Gee Wong be appointed as "Webmasters" to coordinate and make necessary changes to the Home Page, with such changes to be channelled through the Department Heads' Executive Assistants and forwarded to Dianne Robertson, and, That Kitchener's Home Page address be listed in the appropriate Internet venues, and that policy and procedure regarding links to other Home Pages be established through a reciprocal arrangement, and further, That the media launch scheduled for the morning of November 30, 1995 be approved. NOVEMBER 27, 1995 COUNCIL MINUTES -610- CITY OF KITCI:IENER COUNCIL MINUTES NOVEMBER ~7, 1995 - 610- CITY OF KITCI:IENER 10. REPORTS ADOPTED BY COUNCIL That the Finance Department be authorized to commence tax sale proceedings on those improved or vacant lands eligible effective January 1, 1996. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That the consultant selection process be waived and the firm of ITX Technologies Inc. of Cambridge be retained to undertake the expansion of the Infrastructure Management System, deployed in the Utilities Division, throughout the Department of Public Works, and further, That an upset limit for the cost of software, project management and development be negotiated satisfactory to the Manager of Purchasing. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) That, subject to the approval of the City of Waterloo, the City of Kitchener implement the Community Bus Route as presented to the Public Works and Transportation Committee on November 20, 1995, and further, That this Community Bus Route be implemented for a period of approximately 9 months, commencing on December 4, 1995 and operate on a Monday to Friday basis from 9:00 a.m. to 3:00 p.m. on a 1 hour frequency in both directions. COUNCIL MINUTES NOVEMBER 27, 1995 -611 - 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. Home Support Services - Approved Subsidy It was resolved: "That the Mayor and Clerk be authorized to execute an agreement between Her Majesty the Queen in right of Ontario, as represented by The Ministry of Health and The Corporation of the City of Kitchener under the Home Support Services for the Elderly Program for the period January 1, 1995 to December 31, 1995 in the amount of $149,792." 2. MasterCard Receipts It was resolved: "That a separate bank account be established at the Bank of Montreal for the deposit of MasterCard receipts." 3. Interim Petition for Subsidy It was resolved: "That the Mayor and Clerk be authorized to execute an Interim Petition for Subsidy on municipal road improvements under the provision of the Public Transportation and Highway Improvement Act for 1995 totalling $5,206,879." 4. Monte Carlo Events It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the K- W Minor Lacrosse to conduct a Monte Carlo event at the Edelweiss Tavern, 600 Doon Village Road, Kitchener, on December 29-31, 1995, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Kiwanis Kavaliers Drum & Bugle Corps. to conduct a Monte Carlo event at the Holiday Inn, 30 Fairway Road South, Kitchener, on January 5-7, 1996, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Royal Purple of Canada to conduct a Monte Carlo event at the Howard Johnson Hotel, 1333 Weber Street East, Kitchener, on January 12-14, 1996, inclusive." - and - COUNCIL MINUTES NOVEMBER 27, 1995 - 612 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 4. Monte Carlo Events (Cont'd) "That the City of Kitchener has no objection to a Provincial licence being issued to the Waterloo Regional REACT to conduct a Monte Carlo event at Golf's Steakhouse, 598- 600 Lancaster Street West, Kitchener, on January 15-17, 1996, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Kiwanis Kavaliers Drum & Bugle Corps. to conduct a Monte Carlo event at the Edelweiss Tavern, 600 Doon Village Road, Kitchener, on January 18-20, 1996, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Waterloo Regional Synchronized Swim Club to conduct a Monte Carlo event at the Granite Club, 69 Agnes Street, Kitchener, on January 26-28, 1996, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Lion Rampant Accordion Band to conduct a Monte Carlo event at the Army/Navy & Airforce Club, 2-408 Gage Avenue, Kitchener, on January 29-31, 1996, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the K- W Minor Lacrosse to conduct a Monte Carlo event at the Holiday Inn, 30 Fairway Road South, Kitchener, on February 2-4, 1996, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Kiwanis Kavaliers Drum & Bugle Corps. to conduct a Monte Carlo event at the Granite Club, 69 Agnes Street, Kitchener, on February 6-8, 1996, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Kiwanis Kavaliers Drum & Bugle Corps. to conduct a Monte Carlo event at the Howard Johnson Hotel, 1333 Weber Street West, Kitchener, on February 16-18, 1996, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the K- W Kiwanis Club to conduct a Monte Carlo event at the Edelweiss Tavern, 600 Doon Village Road, Kitchener, on February 22-24, 1996, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Lion Rampant Accordion Band to conduct a Monte Carlo event at the Army/Navy & Airforce Club, 2-408 Gage Avenue, Kitchener, on February 27-29, 1996, inclusive." NOVEMBER 27, 1995 COUNCIL MINUTES -613- CITY OF KITCI:IENER NOVEMBER ~7, 1995 COUNCIL MINUTES - 613- CITY OF KITCI:IENER NOVEMBER 27, 1995 REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES - 613 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 5. Sale of Surplus Land - VICTORIA PARK WARD It was resolved: "That the City of Kitchener accept the offer from the Hydro-Electric Commission of Kitchener-Wilmot to purchase for the sum of $1.00 about 258 square let of vacant City land, adjacent to its property and designated as Part 2, Plan 58R-9456." Variance to Municipal Code, Chapter 630 (Fence) - FOREST WARD The Committee of Adjustment recommendation concerning Submission No. F/95 - Doug & Cathy Antoniak, 129 Cedar Street was dealt with under delegations. Expression of Interest/Tender Council was advised under delegations that Mr. L. Gordon has requested E-75 - Expression of Interest of Consultant Services respecting the Market Garage Repair Program be withdrawn from the agenda on the direction of Mr. T. McKay. Tender T95-84 for printing of the Leisure Magazine was dealt with under delegations. Demolition Permit - 30 Francis Street This item was dealt with under delegations. 1996 Committee of Adjustment Fees It was resolved: "That Committee of Adjustment application fees for 1996 be increased by 5%, and further, That the Legal Department be directed to prepare a by-law to amend Chapter 375 (Tariff of Fees - Committee of Adjustment) accordingly, and further, That the by-law become effective January 3, 1996." COUNCIL MINUTES OCTOBER 23, 1995 - 614 - CITY OF KITCHENER COUNCIL MINUTES OCTOBER 23, 1995 - 615 - CITY OF KITCHENER COUNCIL MINUTES OCTOBER 23, 1995 - 616 - CITY OF KITCHENER COUNCIL MINUTES OCTOBER 23, 1995 - 617 - CITY OF KITCHENER