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HomeMy WebLinkAboutCouncil Minutes - 1995-12-11 COUNCIL\1995-12-11 COUNCIL MINUTES DECEMBER 11, 1995 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "0 Canada" by Mr. Brian Lammert. To mark the holiday season, Mr. Lammert also sang "0 Holy Night". Councillor T. Galloway thanked Mr. Lammert on behalf of Council, as well as Councillor Jake Smola for inviting Mr. Lammert. On motion by Councillor M. Wagner, the minutes of the regular meeting held November 27 and the special meetings held November 27 and December 4, 1995, as mailed to the Mayor and Councillors, were accepted. A. COMMUNICATION REFERRED TO COMMITTEE OF THE WHOLE - (a) Letter from Mr. R.W. Pritchard, Commissioner of General Services & City Clerk, respecting applications for cancellation, refund, reduction or levy of taxes - December 11, 1995 Hearing. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation to answer any questions regarding the tender listed on the Committee of the Whole Agenda of this date. In addition to the tender, Mr. Gordon requested that Council also deal with quotations tendered for renovations to the Council Wing. In this regard, he noted that the total cost was $32,179.00, of which $12,875.00 of improvements have already been completed. Moved by Councillor G. Lorentz Seconded by Councillor M. Wagner "That tender T95-86, Domestic Gas Meters, be awarded to Canadian Meter Company Inc., Milton, at their tendered price, for rebuilt gas meters, of$134,280., plus PST & GST." - and - "That Quotation Q95-270, Council Wing Renovations, be awarded to Julier Construction Limited at their tendered quote, for the balance of renovations to the Council Wing, of $17,429.00 plus GST." Carried. Councillor M. Wagner introduced Mr. Nicholas Hill, whom he and Councillor M. Yantzi had requested appear before Council to provide an overview with regard to the Victoria Park Area Heritage Conservation District Study, which Council has now received. Mr. Nicholas Hill advised that he wished to explain the study findings and how the study was prepared. He pointed out that the main purpose of the study was to determine if the Victoria Park area fulfills the criteria for a Heritage Conservation District. These criteria require that a district reflect community history, significant buildings, distinctiveness and character. He pointed out that the findings of the study were that the area does meet the criteria for reasons noted in the study. Mr. Hill indicated that the study commenced in August 1995 with an emphasis on community involvement being crucial and he outlined related activity in this regard. As well, he recognized the assistance received from many parties during the study process. With Step 1 now complete, he advised that Step 2 dealing with an action plan would commence in January and it was hoped to complete the plan by April 1996. Councillor M. Yantzi expressed appreciation of the process which Mr. Hill utilized in undertaking the study. Mr. Rod Holme, Vice-President, American Water Works Association and Director of the Ontario Water Works Association, appeared as a delegation to present an award to City Council on behalf of the Association for the City of Kitchener Utilities Division 75 year membership and service to the water industry. He commented that over the years, the City has benefitted through its membership in the Association which sponsors educational programs for both technical staff and public officials. He pointed out that the North American Conference of the Water Works Association was being held in Toronto in June 1996 and invited City officials to participate. Finally, he presented the award to the City recognizing its 75 year membership in the Association. Mayor R. Christy accepted the plaque on behalf of Council and noted that the City has benefitted from the relationship leading to fields of new technology, standards of operation and staff training. COUNCIL MINUTES DECEMBER 11, 1995 - 617 - CITY OF KITCHENER Mr. John Cooper, Supervisor of Athletics, appeared before Council in support of his report dated December 1, 1995 attached to the agenda, dealing with the Twin Cities Gymnastics and Judo Training Centre and the 2 delegations that were appearing in this regard this date. He noted that each Club had made their final annual payment, prior to the December 1995 deadline, of monies loaned by the City to the Clubs to construct the Centre. He then introduced members of the Building Committee of the K-W Gymnastics Club and the Asahi Judo Club, most of whom were in the audience this date. Mr. Marijan Mehes appeared as a delegation on behalf of the Asahi Judo Club to thank the City for its support for the project. He remarked on the years of planning that took place to bring the project about which involved co-operation between both the Cities of Kitchener and Waterloo and both of the Clubs and thanked the staff of each City for their assistance in this regard. Finally, he noted that the future of the Club appears to be bright based on its growing membership. Mr. Gerhard Briebenow appeared as a delegation on behalf of the K-W Gymnastics Club to thank City Council for sharing a vision and loaning the funds to develop the facility. He also thanked City staff for their support throughout the development of the project. He also recognized the leadership provided by Mrs. Gail Hiscott in the development of the facility. Mr. Briebenow advised that the Club was currently undertaking a long range planning exercise and stated that he hoped City Council would continue its support in future. Mayor R. Christy then presented plaques to Messrs. Mehes and Briebenow, congratulating each of the Clubs for their commitment to the community and expressing thanks to the volunteers for their efforts in developing their Club and facility. Messrs. Jim Robinson and Eric Hodgins, Regional Municipality of Waterloo, appeared as a delegation to make a presentation with respect to the Hydrogeology Study of the Parkway Area, most of which is located within the City of Kitchener, bounded by the Conestoga Expressway, Westmount Road, a portion of North Dumfries Township and Highway 7 & 8. Mr. Robinson, who is a Senior Hydrogeologist within the Water Services Division at the Region, advised that Councillor J. Ziegler was on their Committee and had requested that an update be provided to Kitchener City Council on the study which focuses on a water resources protection strategy. Mr. Robinson then outlined the objectives of the project with respect to both a Regional and Local scale, project rationale, scope of the project and a completion schedule which would see a final report in September 1996 with a public awareness process commencing in October 1996. Mr. Eric Hodgins made a brief presentation with commentary on the use/benefits of the project results. He also referred to other water resources policy activity including: protection policy/program development, public consultation and awareness and surface water quality improvements. Councillor M. Wagner questioned if the study would provide information on how to maintain or increase the quantity of water available and Mr. Hodgins responded that the study was not meant to increase volume but will provide a better understanding of water levels. Councillor J. Ziegler thanked the delegation for their presentation this date. Mr. Steve Grant, Madorin, Snyder, appeared as a delegation to indicate that his client was in support of Clause#3 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 #3 of the report of the Planning and Economic Development Committee of this date be adopted." Carried. Mr. Lee Recchia appeared as a delegation in regard to Clause #6 of the report of the Finance and Administration Committee of this date which recommends a 75% non-smoking area in all bars, restaurants and other public facilities, including public halls. Mr. Recchia indicated that he was speaking on behalf of the Ontario Restaurant Association which has 10,000 members and some 400,000 employees. He stated that he had concerns with regard to the process in reaching this recommendation given the input that they had provided up until the last meeting, which they had missed. He indicated that the 75% area would be the most stringent of municipalities and advised that the concern of the COUNCIL MINUTES DECEMBER 11, 1995 - 618 - CITY OF KITCHENER Association was that a level playing field exist for operators in all municipalities. He referred to problems which operators face such as when a business is established based on existing regulations which are subsequently revised and the problem of potential investment in future which could be lost if the regulations are too stringent. Mr. Recchia suggested that restaurant customers should be polled for their views. On the matter of enforcement of any new more stringent regulations, he suggested that this issue could be a nightmare on the basis that there had not been enough discussion and that restaurant operators do not want to take on the role of policing smoking regulations. He did indicate that the Association agrees with the City approaching the Provincial Government for Province-wide regulations. Councillor B. Vrbanovic stated that a phase-in approach to more stringent regulations has been discussed and questioned if the Association had considered it. Mr. Recchia commented that the Association would support such approach which the Cities of Toronto, Windsor and London are currently following. Councillor Vrbanovic requested Mr. Recchia to comment on the complications of applying regulations to restaurants and bars and Mr. Recchia noted that bars were much more difficult to control because of the fact that there was movement of customers within the facility. Further, he noted that the Liquor Licensing Board does not recognize the difference between restaurants and bars but it was his position that a bar could easily be defined where food is incidental to the overall sales. Councillor T. Galloway questioned why it was that members of the Restaurant Association have not declared themselves to be smoke free when there was evidence that they would be better off operating in a smoke free environment. Mr. Recchia acknowledged that some smoke free facilities have worked well in certain situations such as coffee shops but commented that a smoke free environment tends to be more of a problem where alcohol is sold. He pointed out that members of the Association were receiving significant negative feedback from customers over the smoking restrictions and that it was the customer who the restaurants must please. Councillor M. Wagner commented that the 50% non-smoking designation was a first step and other municipalities appear to desire a more stringent approach. He questioned who represents the 400,000 restaurant employees with regard to the issue of secondhand smoke. Mr. Recchia stated that this was a workmen's compensation issue for the Province to act upon, but that the issue of secondhand smoke is much less than what it previously was given how restaurants ventilate air exchange compared to in the past. Councillor G. Lorentz commented on the process with respect to this matter which will be dealt with as a Regional Smoking By-law. Councillor John Smola indicated that he would like to see the Association survey restaurant employees and have the results available prior to the matter being considered by Regional Council. Councillor K. Redman expressed concern for the effects of secondhand smoke on children and Mr. Recchia advised that current studies show that air quality in restaurants is good. Mr. Lawrence Bingeman appeared as a delegation on behalf of Bingeman Park and commented that over the years he had seen many of the most advanced restaurants fail and suggested that one reason might be that they were too far ahead of their time. He stated that it was important to be progressive but with recognition that restaurants operate within a very competitive industry and must always operate according to the wishes of the customer and the wishes must be listened to. He indicated that he was aware of the regulations in California which established a level playing field for all restaurants and that the same was needed in Ontario, Province-wide. In response to Councillor B. Vrbanovic, he advised that approximately 20% of clients renting the hall at Bingemans request it to be non-smoking. Councillor Vrbanovic also questioned if Mr. Bingeman thought customers would go elsewhere if the 75% restriction was approved. Mr. Bingeman stated that there was a variation between type of function, whether it be banquet, trade show and conference, and each serves a different kind of customer who would have differing demands in respect to the smoking issue. In response to Councillor M. Yantzi, Mr. Bingeman pointed out that there must be something done to make a smoke free environment happen and recommended a phase-in approach or Province-wide regulations. A general discussion of the smoking issue, as contained in Clauses #6 and #7 of the Finance and Administration Committee report, then took place. Councillor J. Ziegler indicated that initially he had supported a 100% restriction within the Region on the basis that such a ban could serve as an instrument to attract other organizations to the Region because of the smoke free environment. Councillor B. Vrbanovic stated that he was opposed to the recommended 75% restriction after talking to operators and reviewing many of the problems relating to different types of business operations. It was his opinion that the thrust to a smoke free environment must be a market driven approach and that Council could not ignore the economic impacts of its actions on this matter. He stated that he was in support of Clause #7 and that the Province must be urged to implement Province-wide regulations. Councillor G. Lorentz COUNCIL MINUTES DECEMBER 11, 1995 - 619 - CITY OF KITCHENER stated that he was opposed to Clause #6 and pointed out that it was not illegal to smoke and it was his opinion the restriction was non-enforceable. He did state that he supported a 50/50 approach and that the market would decide the issue in any event. Further, he commented that the private sector was already impacted by too many rules and regulations imposed by Government. Councillor M. Wagner stated that the 75% non-smoking area restriction was developed on the basis that 100% was not realistic and that every effort must be made to protect people from secondhand smoke. He also commented that the issue of lawsuits by patrons and employees over the smoking issue was on the horizon. Councillor Jake Smola questioned if there was any difference between public halls and private halls relative to the smoking issue and Mr. J. Shivas advised that any private hall housing a club would be considered a public hall when open for business to which any smoking regulations would apply. Councillor K. Redman stated that she supported a phase-in approach and requested that Councillor Vrbanovic briefly detail what he would propose in this regard if Clause #6 of the report was not approved. Councillor Vrbanovic then sketched out details of a motion for a phase-in which he would put forward if Clause #6 was not approved. In particular, he stressed that the Province must be lobied to act on the issue. Councillor T. Galloway stated that the Province had jurisdiction with respect to health policy and acknowledged he was in agreement with the views of Councillor Wagner but the problem was that the City does not have a mandate in the health field. Also, he stated that the City must look at the practicality of enforcement and, in his view, regulations must be established at the Provincial level. Councillor John Smola stated that he supported a 100% ban which he thinks should be the starting point for any discussion at the Regional level and, for that reason, he could not support Clause #6. Councillor M. Yantzi stated that he supports a phase-in approach with less regulation and defined goal setting for the long term. Councillors G. Lorentz and Jake Smola stated that they supported the concept of a phase-in of more stringent regulations. Mayor R. Christy advised that he was opposed to Clause #6 on the basis that there must be a realistic approach that would allow the process of gradual regulation to unfold. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner "That Clause #6 of the report of the Finance and Administration Committee of this date be adopted." A recorded vote was requested by Councillor M. Wagner. IN FAVOUR: Councillors J. Ziegler, M. Wagner and M. Yantzi. CONTRA: Mayor R. Christy and Councillors John Smola, G. Lorentz, K. Redman, B. Vrbanovic, T. Galloway, C. Weylie and Jake Smola. Motion Lost. Councillor B. Vrbanovic then put forward details with regard to the motion that he would propose for a phase-in approach to non-smoking regulations. He stated co-operation was absolutely essential in the endeavour and that it was important to encourage the Restaurant Association to lobby the Province for regulation. Accordingly, he favoured a phase-in approach for restaurants and roadhouse type bars, a realistic approach to what actually takes place in bingo halls and public halls and regulation for bars where food sales were incidental to total sales being determined by the operator. Moved by Councillor B. Vrbanovic Seconded by Councillor T. Galloway "That the Region of Waterloo be advised that the City of Kitchener supports non-smoking regulations in the various types of establishments as outlined below: a) the non-smoking area in restaurants and bars where food sales are not incidental (ie. 'roadhouse' type of establishment) be increased over a 5 year phase-in period commencing in 1996, in accordance with the following schedule: 50% of seating in 1996 60% of seating in 1998 75% of seating in 2000 100% of seating in 2001; COUNCIL MINUTES DECEMBER 11, 1995 - 620 - CITY OF KITCHENER b) the non-smoking area in bingo halls be a minimum 10% of seating in a divided and separately ventilated area; c) the non-smoking area in public halls be in accordance with the direction of the party renting the facility; d) the non-smoking area in bars (where food sales are incidental) be as determined by the establishment; and further, That the City of Kitchener and the Region of Waterloo urge the Provincial Government to phase-in a non-smoking Provincial regulation for all bars, restaurants and public halls in Ontario in order to create a level playing field of competition between these establishments." A recorded vote was requested. IN FAVOUR: Mayor R. Christy and Councillors G. Lorentz, K. Redman, B. Vrbanovic, T. Galloway, C. Weylie and Jake Smola. CONTRA: Councillors M. Wagner, J. Ziegler, M. Yantzi and John Smola. Carried. Councillor M. Wagner clarified that the process of further consideration of the issue would see the matter return to the Smoking By-law Committee at the Region of Waterloo. 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." Carried. Councillor M. Yantzi requested to be recorded as being opposed to Clause#7. 1. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee of Council of this date be adopted." Voted on Clause by Clause. Clause#3 - Dealt with under delegations and Carried. Balance of Report - Carried. 2. Moved by Councillor T. Galloway Seconded by Councillor K. Redman "That the report of the Community Services Committee of this date be adopted." Carried. 3. Moved by Councillor T. Galloway Seconded by Councillor Jake Smola COUNCIL MINUTES DECEMBER 11, 1995 - 621 - CITY OF KITCHENER "That the report of the Environmental Committee of this date be adopted." Carried. 4. 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 J. Ziegler requested that Clause #9 be dealt with separately. It was his view that, once taxpayers receive their tax bills and experience a tax increase, they will be approaching members of Council to request a phase-in of the increases. Councillor J. Ziegler requested that an additional Clause #10 be added to the report dealing with the Homer Watson House as a result of a recommendation that was approved by the Finance and Administration Committee at its meeting this date which dealt with 1996 capital budget items. On motion by Councillor J. Ziegler, seconded by Councillor M. Wagner, the report was amended by adding Clause#10 dealing with maintenance of the Homer Watson House. The report was then put to a vote. Voted on Clause by Clause. Clause#6 - Dealt with under delegations and Motion Lost. Clause#7 - Dealt with under delegations and Carried. Clause#9 - Carried. Balance of Report - Carried. Councillor C. Weylie provided Council with a brief report of Kitchener's hosting of the Federation of Canadian Municipalities Board meeting last week. She thanked 5D Computers for providing equipment for the meeting and thanked the Valhalla Inn for the service it provided to delegates. She referred to a few of the activities which took place including the tour of Victoria Park, the special Oktoberfest evening held at the Transylvania Club and the dinner held in the City Hall Rotunda. Councillor Weylie commented that, in particular, the delegates were impressed with the public square ice skating activities taking place in close proximity to the official dinner and ceremonies being held in the Rotunda. She thanked the Mayor for his remarks at the Rotunda dinner and also stated that the Board of F.C.M. had expressed its appreciation to the City of Kitchener for participation in the Africa 2000 project. Finally, Councillor Weylie extended a special thank you to Messrs. B. Pritchard and G. Sosnoski, who had undertaken the task of organizing the detailed activities for Kitchener as Host City to the session. Councillor T. Galloway advised that since early November, early winter weather has been experienced that was not favourable to final asphalt surfacing taking place on Homer Watson Boulevard and that the asphalt plants have now closed for the season. He noted that prior to November the project was on schedule and had been expected to be completed under normal weather circumstances. He did express how disappointed he was that the road work was not completed and regret for the inconvenience that motorists would experience until Spring, 1996. Councillor B. Vrbanovic advised that he wished to provide Council with an update on the status of Kiwanis Park based on the outcome of a meeting of the Kiwanis Park Committee held earlier this date. The Committee has recommended unanimously to the G.R.C.A. that the Kiwanis Park be offered for sale back to the City of Kitchener for $1.00 and the recommendation in this regard will be dealt with by the G.R.C.A. and subsequently forwarded to Kitchener. Councillor C. Weylie stated that she supported continuation of the Municipal Infrastructure Program and suggested that all municipalities should be writing to their local members of Parliament to request program extension. COUNCIL MINUTES DECEMBER 11, 1995 - 622 - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor M. Wagner "That we engage the support of our local M.P.'s relative to continuation of the Infrastructure Program." Carried. Councillor Jake Smola referred to the Provincial Government Bill 26 legislation that has been introduced and which the Government has now indicated will be the subject of public input. In this regard, he advised that he wished to propose a motion that consultation meetings be held within Kitchener. Moved by Councillor Jake Smola Seconded by Councillor M. Wagner "That the Honourable Ernie Eves, Deputy Premier and Minister of Finance and the Honourable Al Leach, Minister of Municipal Affairs and Housing, be requested to consider holding part of the Bill 26 public consultation process meetings within the City of Kitchener, and further, That local area M.P.P.'s be requested to support this invitation." Carried. Council consented to a request of Mr. R.W. Pritchard to add 2 Zoning By-laws to the agenda for three readings, the first by-law being for Monarch Construction Limited relative to lands in the area of Glasgow Street and the second by-law being for H. Drost, L. Hoy and L. Ruller relative to lands on Ottawa Street South. 5. Moved by Councillor T. Galloway Seconded by Councillor C. Weylie "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend By-law 85-1, known as the Zoning By-law-#95/16/TC/JW (b) Being a by-law to amend By-law 85-1, known as the Zoning By-law - M. Downie - 734 Frederick Street -#95/20/F/JW (c) Being a by-law to exempt a certain lot from Part Lot Control - Part of Biehn's Unnumbered Tract - Pinnacle Drive (d) Being a by-law to amend By-law 95-110 regarding the construction of certain works as local improvements - King Street East at Sportsworld Drive (e) Being a by-law to provide for the widening of part of Guelph Street as a public highway in the City of Kitchener (f) Being a by-law to authorize the carrying out of the provisions of Chapter 650 of The City of Kitchener Municipal Code with respect to Part of Lots 6 and 7, Andreas Schmidt's Survey, Plan 392, City of Kitchener, Regional Municipality of Waterloo, known as 151 Lancaster Street East, Kitchener (g) Being a by-law to authorize the carrying out of the provisions of Chapter 650 of The City of Kitchener Municipal Code with respect to Lots 188, 189, 190, 191, 192, 193 and 194, Plan 262, City of Kitchener, Regional Municipality of Waterloo, known as 161 Ottawa Street South, Kitchener (h) Being a by-law to extend the time for conveyance of lands pursuant to By-law 94-47 - part of Palmer Avenue (i) To further amend By-law No.88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property COUNCIL MINUTES DECEMBER 11, 1995 - 623 - CITY OF KITCHENER (j) To further amend By-law No.88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (k) 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 (1) To confirm all actions and proceedings of Council (m) Being a by-law to amend By-law 85-1, known as the Zoning By-law - Monarch Construction Limited - Glasgow Street -#94/02/G/JG (n) Being a by-law to amend By-law 85-1, known as the Zoning By-law - H. Drost, L. Hoy and L. Ruller- Ottawa Street South -#95/06/ONL 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 M. Wagner as Chair. On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. 6. Moved by Councillor M. Wagner Seconded by Councillor C. Weylie "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes, are hereby adopted and confirmed." Carried. 7. Moved by Councillor T. Galloway Seconded by Councillor C. Weylie "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to amend By-law 85-1, known as the Zoning By-law-#95/16/TC/JW (By-law No. 95-181) (b) Being a by-law to amend By-law 85-1, known as the Zoning By-law - M. Downie - 734 Frederick Street -#95/20/F/JW (By-law No. 95-182) (c) Being a by-law to exempt a certain lot from Part Lot Control - Part of Biehn's Unnumbered Tract - Pinnacle Drive (By-law No. 95-183) (d) Being a by-law to amend By-law 95-110 regarding the construction of certain works as local improvements - King Street East at Sportsworld Drive (By-law No. 95-184) (e) Being a by-law to provide for the widening of part of Guelph Street as a public highway in the City of Kitchener (By-law No. 95-185) COUNCIL MINUTES DECEMBER 11, 1995 - 624 - CITY OF KITCHENER (f) Being a by-law to authorize the carrying out of the provisions of Chapter 650 of The City of Kitchener Municipal Code with respect to Part of Lots 6 and 7, Andreas Schmidt's Survey, Plan 392, City of Kitchener, Regional Municipality of Waterloo, known as 151 Lancaster Street East, Kitchener (By-law No. 95-186) (g) Being a by-law to authorize the carrying out of the provisions of Chapter 650 of The City of Kitchener Municipal Code with respect to Lots 188, 189, 190, 191, 192, 193 and 194, Plan 262, City of Kitchener, Regional Municipality of Waterloo, known as 161 Ottawa Street South, Kitchener (By-law No. 95-187) (h) Being a by-law to extend the time for conveyance of lands pursuant to By-law 94-47 - part of Palmer Avenue (By-law No. 95-188) (i) 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. 95-189) (j) 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. 95-190) (k) 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. 95-191) (1) To confirm all actions and proceedings of Council (By-law No. 95-192) (m) Being a by-law to amend By-law 85-1, known as the Zoning By-law - Monarch Construction Limited - Glasgow Street -#94/02/G/JG (By-law No. 95-193) (n) Being a by-law to amend By-law 85-1, known as the Zoning By-law - H. Drost, L. Hoy and L. Ruller- Ottawa Street South -#95/06/ONL (By-law No. 95-194) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. Mayor R. Christy advised that he had been asked by City Council to extend holiday greetings on their behalf to City staff and Kitchener residents. He pointed out that many World Religions hold major holidays during the Christmas season and referred to several of these. Mayor Christy then personally thanked members of Council for their work during the past year to conduct the City's business. Finally, he read an excerpt from an article written by Theodore Rosevelt which dealt with individual initiative and creativity at the risk of receiving criticism of others. COUNCIL MINUTES DECEMBER 11, 1995 - 625 - CITY OF KITCHENER On motion, the meeting adjourned. ...................................................................... .................................................................. MAYOR CLERK PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 1. That the City of Kitchener agrees to extend the existing partnership with Waterloo and K-W Oktoberfest Inc., to promote economic development by inviting key corporate and business prospects to the exclusive "Passport to Success" event; and further, That we extend the existing funding of $2,500. by $500 for a total of $3,000 for this event funded from the Economic Development Division budget, subject to identical financial participation by the City of Waterloo. 2. A. That Map "A" of the Grand River North Community Plan be revised to redesignate a 1.865 hectare parcel of land from "Neighbourhood Commercial" to "Low Rise Multiple Residential (Maximum of 40 units/hectare)" as shown on Map "A" attached. It is the opinion of this Committee that approval of this Amendment to the Community Plan is proper planning for the City. B. That Zone Change Application 94/12/L/JW (Ar-Jel / High Tree Developments Ltd.) requesting a change in zoning from Neighbourhood Shopping Centre (C-2) to Residential Six (R-6) and Special Regulation Provision 217R and Open Space (P-2) all according to By-law 85-1, on Block 108, Registered Plan 1678, be approved in the form shown in the attached Proposed By-law dated November 1, 1995, as revised December 4, 1995, to delete reference in Clause #1 to Special Use Provision 179U, subject to the Subdivision Conditions contained in C below. 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. C. That Subdivision Application 30T-94014 (Ar-Jel / High Tree Developments Ltd.) be recommended to the Regional Municipality of Waterloo for draft approval, subject to the following conditions: 1. That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined on the attached Plan of Subdivision and that the following special conditions be written therein: The Subdivider covenants and agrees: 51. That the final plan for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated September 26, 1995, providing that minor amendments to said plan, acceptable to the General Manager of Planning and Development and not affecting the numbering of lots or blocks may be permitted without an amendment to this agreement. 52. That a Grading Control Plan be approved by the City's General Manager of Public Works, in consultation with the City's General Manager of Parks and Recreation, the Regional Municipality of Waterloo, the Grand River Conservation Authority and the Ministry of Natural Resources, prior to any grading or construction on site and prior to the City's release of the Plan for registration. 53. That a detailed engineering design for storm water management in accordance with the approved concept plan be approved by the City's General Manager of Public Works, in consultation with the City's General Manager of Parks and Recreation, the Regional Municipality of Waterloo, the Grand River Conservation Authority, and the Ministry of Natural Resources, prior to any grading or construction on site and prior to the City's release of the Plan for registration. 54. That the name of the street within the Plan of Subdivision shall be as shown on the attached Plan of Subdivision. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT-D) 2. Cont'd 55. To dedicate, by plan registration, to the City of Kitchener Block 6 for public walkway purposes and to construct at its cost a public walkway on Block 6 to the satisfaction of the COUNCIL MINUTES DECEMBER 11, 1995 - 627 - CITY OF KITCHENER COUNCIL MINUTES DECEMBER 11, 1995 - 627 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL General Manager of Public Works. 56. Prior to the commencement of construction or the issuance of any building permits within this Plan, the Subdivider agrees to construct a temporary access road from Brembel Crescent to Ottawa Street or Lackner Boulevard, with the specific location to be determined by the General Manager of Public Works in consultation with the Regional Municipality of Waterloo. Said temporary road is to be designed and built to the satisfaction of the General Manager of Public Works. The Subdivider hereby agrees to assume all liability with respect to the construction and use of the temporary road. The Subdivider further agrees to remove the said temporary access road at such time as required by the General Manager of Public Works. 57. That construction traffic to and from the proposed subdivision shall use the temporary access road from Lackner Boulevard. All construction traffic shall be prohibited on all local streets. The Subdivider agrees to advise all relevant contractors, builders and other persons of this requirement with the subdivider being responsible for any signage, where required, all to the satisfaction of the Director of Traffic and Parking Services. 58. To convey to the City of Kitchener, at no cost and free of encumbrance, Blocks 7 and 8 for storm water management purposes, concurrently with the registration of the subdivision plan. 59. To design and construct on Block 7 a maintenance access, which shall also be designed to accommodate major overland storm flows, to the storm water management facility on Block 8 as part of the servicing of this Plan, all to the satisfaction of the General Manager of Public Works. 60. To provide a planting strip having a minimum width of 4.6 metres along the rear of Blocks 1 and 2 abutting Lackner Boulevard and Ottawa Street North and along the rear of Block 3 abutting Block 8, and to provide a 1.82 metre high chain link fence along the rear of Blocks 1, 2, 7 and 8 abutting Lackner Boulevard and Ottawa Street North. Said planting strip is to be developed at the Subdivider's cost in accordance with plans/drawings approved by the City's General Manager of Planning and Development prior to issuance of any building permits for said lots. Further, said planting strip shall be installed within the affected blocks prior to the transfer of title of such lots to the first time occupants, or in the event of winter conditions shall be installed by June 1, immediately following such transfer of title. The Subdivider agrees to attach the approved planting plan to all Offers to Purchase and Sale of Lots in which the required planting strip has not been installed due to winter conditions. Further, if physical noise attenuation barriers are required in accordance with Section 50, installation of said barrier shall substitute for the planting strip requirement. 61. To construct 1.5 metre concrete sidewalks along the entire Lackner Boulevard frontage and along the entire outside of Brembel Crescent. 62. The Subdivider agrees that the division of lands in respect to all residential Blocks within the Plan will be permitted subject to sequential compliance with the following: a) to submit plans for the approval of the City's General Managers of Planning and Development and Public Works, in consultation with the Commission's Engineer, for each block illustrating lotting, building envelopes, driveway locations, maintenance easements, eave encroachments, service connections, street utility hardware, proposed grades, together with the plan showing typical building elevations where required; PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT-D) 2. Cont'd COUNCIL MINUTES DECEMBER 11, 1995 - 628 - CITY OF KITCHENER COUNCIL MINUTES DECEMBER 11, 1995 - 628 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL b) to apply for and receive final approval of a Part Lot Control Exemption By-law respecting the division of the said Blocks and that the Part Lot Control Exemption By-law not be presented to City Council until the City's General Manager of Public Works and the Commission's Engineer have confirmed that the lotting pattern is in conformity with the approved engineering drawings; c) that, subsequent to receiving final approval and an exemption from Part Lot Control, building permits may be applied for and issued for said Blocks, subject to full compliance with the approved plan and the normal requirements of the Building Code or any applicable by-law and subject to plans being submitted to the satisfaction of the City's Director of Building, Zoning and Inspections; d) that a Reference Plan with respect to the division of said Blocks showing all required maintenance easements and eave encroachments, shall be prepared and presented to the City's General Manager of Planning and Development for examination. The Subdivider further agrees not to transfer title of any part of said Blocks until such time as the Reference Plan has been deposited in accordance with the Registry Act. It is the opinion of this Committee that the approval of this application is proper planning for the City. D. That the implementing Zoning By-law for Zone Change Application 94/12/L/JW (Ar-Jel / High Tree Developments Ltd.) not be presented to City Council until Subdivision Application 30T-94014 has received Regional Draft Plan Approval whereupon the amending Zoning By-law shall be presented to Council for all three readings. Alternatively, three readings of the amending zoning by-law may be given if the City Clerk is presented with a letter from the Regional Municipality of Waterloo advising that the Region has no objections to the passing of the By-law. E. Following execution and registration of the subdivision agreement detailed in C above, the City Solicitor be authorized to release Block 108, Registered Plan 1678, from Subdivision Agreements and Supplementary Subdivision Agreements previously registered thereon. 3. (A) That PD 80/87 "Country Hills East Community Plan", as amended, be revised as follows: a) That Map B, dated October, 1994 of the Country Hills East Community Plan be revised by redesignating the 2.885 hectare parcel of land from Multiple Residential (1000PH) to Low Density Residential as shown on the attached Map B. b) That Policy 3.3.4 be expanded by adding street fronting townhousing as a permitted dwelling type. c) That Policy 3.2.13 be revised by deleting "non-profit housing site" and replacing it with "residential development". It is the opinion of this Committee that approval of this Amendment to the Community Plan is proper planning for the City. (B) That Zone Change Application 93/15/HW/ZJ (DGF Investments Ltd.) requesting a change in zoning from Semi-Restricted Residential (R2) with special uses and regulations according to By-law 4830 to Residential Six Zone (R-6), Residential Eight Zone (R-8) with special use provision 175U and Hazard Land Zone (P-3) according to PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT-D) COUNCIL MINUTES DECEMBER 11, 1995 - 629 - CITY OF KITCHENER COUNCIL MINUTES DECEMBER 11, 1995 - 629 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 3. Cont'd By-law 85-1 on part of Lots 1 & 2, Registrar's Compiled Plan 1482 and part of Block J, Registered Plan 1329, in the form shown in the "Proposed By-law" attached, dated November 6, 1995 be approved subject to the Subdivision Agreement conditions listed in (C) below. 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. (C) That Subdivision Application 30T-93007 (DGF Investments Ltd.) be recommended to the Regional Municipality for draft approval subject to the following conditions: That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined in the attached Plan of Subdivision and that the following conditions shall be written therein. The Subdivider Covenants and Agrees: 51. That the final plan for registration purposes shall be prepared in accordance with the attached Plan of Subdivision, dated September 27, 1995, providing that minor amendments to said plan, acceptable to the General Manager of Planning and Development, and not affecting the number of lots or blocks, may be permitted without an amendment to this agreement. 52. To submit a Lot Grading and Drainage Control Plan for the approval of the City's General Manager of Public Works in consultation with the Department of Parks and Recreation, the Regional Municipality of Waterloo, the Grand River Conservation Authority and the Ministry of Natural Resources, prior to registration of the Plan of Subdivision. 53. To submit for the approval of the City's General Manager of Public Works, in consultation with the Department of Parks and Recreation, the Regional Municipality of Waterloo, the Ministry of Natural Resources and the Grand River Conservation Authority, a detailed engineering design for Storm Water Management in accordance with the approved concept plan. Said engineering design shall include provision for any required erosion and siltation control features to be installed both during and after grading and construction stages. The Subdivider further agrees to implement all required measures as outlined in the approved final design. 54. To obtain from the GRCA, if required, a Construction and Alteration to Waterways Regulation Permit pursuant to Ontario Regulation 149 as amended for any storm sewer outfalls or other alterations within the floodplain of Balzer Creek and its tributaries, prior to registration of the plan of subdivision. 55. To construct 1.5 metre wide concrete sidewalks along the following streets to the satisfaction of the City's General Manager of Public Works: a) along both sides of Street A; b) along the northerly side of Homer Watson Blvd. from the south limit of the subdivision to Block Line Road. 56. That the street name within the Plan of Subdivision shall be approved by City Council prior to registration of the Plan of Subdivision. COUNCIL MINUTES DECEMBER 11, 1995 - 630 - CITY OF KITCHENER COUNCIL MINUTES DECEMBER 11, 1995 - 630 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT-D) 3. Cont'd 57. To convey to the City of Kitchener the following lands for the purposes stated therein, at no cost and free of encumbrance, concurrently with the registration of the Plan of Subdivision: a) Block 8 for open space and storm water management purposes; b) Block 9 for 0.3 metre reserve purposes. 58. That construction traffic to and from the proposed subdivision shall be restricted to using Fallowfield Drive to Block Line Road to Homer Watson Blvd. In the event that Fallowfield Drive is not built for public use, that construction traffic shall be restricted to using the temporary access directly to Homer Watson Blvd. All construction traffic shall be prohibited from using all other internal residential streets in the Community. The Subdivider agrees to advise all relevant contractors, builders and other persons of this requirement and the Subdivider shall be responsible for any signage where required, all to the satisfaction of the City's Director of Traffic and Parking Services. 59. That in order to minimize the impact of development on a tree identified as #4727 in the Phase 1 - Tree Saving Plan for Country Hills East, Stage 1 prepared by Ecoplans Ltd. and located on Block 5 of this subdivision, no grading of the lands shall occur until all required tree protection measures have been installed to the satisfaction of the City's Manager of Design, Heritage and Environment. Such tree protection measures shall be maintained throughout the construction of Block 5 until final seeding/sodding of this block. The Subdivider further agrees to preserve in its natural state, trees and vegetation located in Block 8, save and except the area for storm water management facilities and access to these facilities to the satisfaction of the General Manager of Parks and Recreation. In cases where major irreparable tree damage is done, in the opinion of the Subdivider's Environmental Consultant and/or the City, each such tree shall be removed and replaced with at least one tree of equal value based on the tree value formula as set out in "Guide for Plant Appraisal" International Society for Arboriculture, Latest Edition. 60. To install permanent 1.2 metre high, paige-wire fence or an alternate marking system to the satisfaction of the City's General Manager of Parks and Recreation along the flankage/rear lot lines of Block 4 where such lot lines abut Block 8. 61. To install 1.2 metre high temporary snow fencing along the limits of Block 4 as it abuts Block 8. The Subdivider shall be responsible for installing appropriate signs every 45 metres stating that there shall be no dumping in this area; with installation to the satisfaction of the General Manager of Parks and Recreation prior to any area grading or building permits being issued. The Subdivider shall be responsible for the removal of all material dumped in this area and the temporary fencing shall be removed following completion of all construction within the plan area. 62. To make a cash contribution to the City's Park Trust Fund in lieu of land for park purposes in fulfilment of the Planning Act Park dedication requirement. Said contribution shall be equivalent to 5% of the land being subdivided with said value and a contribution being determined as of the day before the day of draft plan approval and paid immediately prior to registration of the Plan of Subdivision. As COUNCIL MINUTES DECEMBER 11, 1995 - 631 - CITY OF KITCHENER COUNCIL MINUTES DECEMBER 11, 1995 - 631 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL the Subdivider had previously paid a cash contribution for part of the lands described as Part 4, 58R-7081 no further contribution is required from said Part 4. However, part of Part 3, 58R-7081 was not included as part of the original 5% evaluation, and accordingly, a cash contribution equivalent to the area of 700 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT-D) 3. Cont'd square metres shall be calculated as the required 5% park dedication requirement for this plan of subdivision. 63. That the division of lands in respect to Blocks 1 to 6 inclusive within the plan will be permitted subject to sequential compliance with the following: i) To submit plans for the approval of the City's General Managers of the Departments of Planning and Development and Public Works, for each block illustrating lotting, building envelopes, driveway locations, service connections, street utility hardware, proposed grades, together with the plans showing typical building elevations where required; ii) To apply for and receive final approval of a Part Lot Control Exemption By- law in respect to the division of said blocks and that the Part Lot Control Exemption By-law not be presented to Council until the Department of Public Works has confirmed that the lotting pattern is in conformity with the approved engineering drawings; iii) That subsequent to receiving Plan Approval and an exemption from Part Lot Control, building permits may be applied for and issued for said blocks, subject to full compliance with the Approved Plan and the normal requirements of the Building Code or any other by-law and subject to plans being submitted to the satisfaction of the City's Director of Building, Zoning and Inspections; iv) That a Reference Plan with respect to the division of said blocks shall be prepared and presented to the City's General Manager of Planning and Development. Further, the Subdivider agrees not to transfer title of any part of said blocks until such time as said reference plan has been deposited in accordance with the Registry Act. 64. That the servicing for this subdivision shall include the extension of a watermain from the intersection of Kingswood Drive and Block Line Road easterly along Block Line Road to Homer Watson Blvd., and southerly along Homer Watson Blvd. to this plan of subdivision all at its cost to the satisfaction of the General Manager of Public Works. The Subdivider acknowledges that the Letter of Credit for the subdivision will include costs associated with the capping of this watermain by the City at Homer Watson Blvd. and Block Line Road when and if it is deemed no longer required as determined by the General Manager of Public Works. 65. To install permanent bollards and chain and appropriate boulevard landscaping along the property line where the emergency access to Homer Watson Blvd. is provided, with said installation to take place immediately upon the completion and opening of Fallowfield Drive and Block Line Road through the subdivision to the east, to the satisfaction of the General Manager of the Department of Planning and Development. 66. To install a 1.8 metre high chain link fence along the entire frontage of Homer Watson Blvd. save and except for the emergency access road to the satisfaction of COUNCIL MINUTES DECEMBER 11, 1995 - 632 - CITY OF KITCHENER COUNCIL MINUTES DECEMBER 11, 1995 - 632 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL the Regional Municipality of Waterloo. 67. To make arrangements for the conveyance of Block 104 of Subdivision Application 30T-86035 to the City immediately after registration of the Drewlo Holdings Plan of Subdivision 30T-86035. In this regard, prior to the registration of this plan of subdivision, DGF Investments Ltd. shall present to the Department of Planning and Development a copy of the accepted Offer to Purchase of said Block 104 from the adjacent owner of plan 30T-86035. The Subdivider, further, agrees to construct PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT-D) 3. Cont'd on Block 104, a 20 metre wide municipal street in accordance to City standards at the time Fallowfield Drive and Block Line Road in the abutting draft plan of subdivision 30T-86035 are constructed to the satisfaction of the General Manager of Public Works. Block 104 shall be opened by By-law as a Public Highway following completion of the public road to the satisfaction of the General Manager of Public Works and opened to vehicular traffic. The Subdivider also agrees to post 100% security to cover the cost of construction of said public road at the same time the required securities are posted for all other services within this plan of subdivision. 68. That in the event Stage 1 of the adjacent Plan 30T-86035 has not proceeded at the time desired for this plan of subdivision and thus Fallowfield Drive/Block Line Road is not available for Block 104 to connect to, the Subdivider shall construct, at its cost, a temporary access road from Street A to Homer Watson Blvd. in the location shown for the permanent emergency access. The temporary access road shall be completed and opened to vehicular traffic prior to the issuance of any building permits and constructed to the satisfaction of the Region of Waterloo and City of Kitchener. Further, the Subdivider shall remove the temporary road and replace it with an emergency access once permanent access is available via Fallowfield Drive to Block Line Road to the satisfaction of the Region of Waterloo. 69. To notify all purchasers by including in all Offers to Purchase/Agreements of Purchase and Sale and Deeds, a clause advising that in the event temporary access to Homer Watson Blvd. proceeds, that vehicular access to this subdivision will have full temporary movements except for left turn prohibition in the late afternoon and will revert to only right-in right-out turns after Homer Watson Blvd. is widened, and further that permanent vehicular access shall be via Fallowfield Drive to Block Line Road to the east once the abutting subdivision is developed, and where upon the temporary access will revert to an emergency access only. 70. That in addition to including notice on the subdivision sign required in Clause 41, to install additional traffic signage at the temporary entranceway notifying residents that this access will be only for a temporary period until the abutting subdivision to the east is developed and permanent access is provided through that subdivision and that access to Homer Watson Blvd. will revert to an emergency access only to the satisfaction of the Director of Traffic and Parking Services. It is the opinion of this Committee that the approval of this application is proper planning for the City. (D) That City Council grant an exemption to its Emergency Access Policy to allow the maximum length of a cul-de-sac with one emergency access to be 335 metres rather than the maximum 300 metres set out in the policy. COUNCIL MINUTES DECEMBER 11, 1995 - 633 - CITY OF KITCHENER COUNCIL MINUTES DECEMBER 11, 1995 - 633 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL (E) That the City Solicitor release the existing Subdivision Agreement registered on title under Instrument No. 1073707 as it applies to the subdivision of these lands following the registration of this new subdivision agreement required in Recommendation C above. (F) That the implementing Zoning By-law for Zone Change Application 93/15/HW/ZJ (DGF Investments Ltd.) shall not be presented to City Council until Subdivision Application 30T- 93007 has received Regional Draft Approval and revisions to the Country Hills East Community Plan have been approved by the Region where upon the amending Zoning By- law shall be submitted to City Council for three readings. Alternatively, three readings of the amending Zoning By-law may be given if the City Clerk is presented with PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT-D) 3. Cont'd a letter from the Regional Municipality of Waterloo advising that the Region has no objection to the passing of the Zoning By-law in the form shown in Staff Report PD 94/119. (Dealt with under delegations and Carried.) 4. That Demolition Control Application DC 95/7/P/RM (John Albrecht) requesting approval for the demolition of two single detached dwellings located at 595 & 599 Park Street legally described as Part Lot 8 and Lot 7, Plan 408 be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. 5. That Zone Change Application 95/20/F/JW (M. Downie, 734 Frederick Street) requesting a change in zoning from Neighbourhood Institutional (1-1) with Special Use Provision 96 to Neighbourhood Institutional (1-1) with Special Use Provisions 96 and 212 according to By-law 85- 1, on Part Lot 20, Registered Plan 734, be approved in the form shown in the attached "Proposed By-law", dated October 31, 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. 6. (A) That Zone Change Application 94/02/G/JG (Monarch Construction Ltd.) requesting a change in zoning from Township Agricultural (Twp. A.) according to By-law 878-A to Residential Four Zone (R-4); Residential Four Zone (R-4) with special regulation provision 219; Residential Four Zone (R-4) with special use provision 214 and special regulation provision 219; Hazard Land Zone (P-3); and, Neighbourhood Institutional Zone (1-1), according to By-law 85-1, on Part of Lot 34, German Company Tract be approved in the form shown in the proposed By-law, attached, dated October 11, 1995, subject to the Subdivision Conditions contained in (B) below: 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. (B) That Subdivision Application 30T-88015 (Monarch Construction Ltd.) be recommended to the Regional Municipality of Waterloo for draft approval, subject to the following conditions: 1. That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined on COUNCIL MINUTES DECEMBER 11, 1995 - 634 - CITY OF KITCHENER COUNCIL MINUTES DECEMBER 11, 1995 - 634 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL the attached Plan of Subdivision and that the following special conditions be written therein. The Subdivider covenants and agrees: 50. That the final plan for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated revised October 31, 1995, provided that minor changes to said plan, acceptable to the General Manager of Planning and Development and not affecting the numbering of lots or blocks may be permitted without an amendment to this agreement. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT-D) 6. Cont'd 51. That prior to any grading or construction on site or registration of the Plan, a Grading Control Plan be approved by the City's General Manager of Public Works in consultation with the City's General Manager of the Department of Parks and Recreation, the Regional Municipality of Waterloo, the Grand River Conservation Authority and Ministry of Natural Resources. 52. That prior to any grading or construction on site or registration of the Plan, a detailed design for storm water management be prepared in accordance with the approved concept plan and approved by the City's General Manager of Public Works in consultation with the City's General Manager of Parks and Recreation and the Grand River Conservation Authority, the Ministry of Natural Resources and the Regional Municipality of Waterloo. 53. The Subdivider agrees in consideration of the wooded character of the subdivision lands and the City's desire to minimize the impact of development on treed areas worth retaining, to comply with the following process in the development of the subdivision in accordance with the City's approved Tree Management Policy: a) prior to the City releasing the Subdivision Plan for registration, the Subdivider shall submit the detailed vegetation plan for the approval of the City's Manager of Design, Heritage and Environment. b) that no area/rough grading shall occur on the lands until such time as all approved measures for protection of isolated trees, tree clusters and woodlands affected by such grading have been satisfactorily implemented, and inspected by the City and the Subdivider has received a written authorization from the City's General Manager of Public Works to proceed with said grading. c) to implement and be responsible for providing all information contained in the approved detailed vegetation plan, tree preservation/enhancement plan (if applicable), to all of its heirs, executors, administrators, successors and assigns in order to ensure that the requirements outlined in said plan(s) are carried out as specified. d) a tree preservation/enhancement plan will be required prior to applying for or having issued any building permits for those lots or blocks which are subject to site plan approval under Section 41 of The Planning Act, corner lots where site service locations and building type have not been predetermined, interior lots having street frontage greater than 13.7 metres, proposed buildings that are located deeper on the lot than approved on the detailed vegetation plan and/or on which the revised COUNCIL MINUTES DECEMBER 11, 1995 - 635 - CITY OF KITCHENER COUNCIL MINUTES DECEMBER 11, 1995 - 635 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL grading will have an adverse effect on the detailed vegetation plan. e) in the event of construction causing minor tree damage, remedial measures such as trimming, dressing or bark doctoring shall be implemented at the Subdivider's cost and as directed by the Subdivider's Environmental Consultant who prepared the approved plan. In cases where major irreparable tree damage is done, liability is questionable, or the tree is judged to be unsafe, in the opinion of the Subdivider's Environmental Consultant and/or the City, each such tree shall be removed and replaced with at least one tree of equal value based on the tree value formula as set out in "Guide for Plan Appraisal" of the International Society of Aboriculture, latest edition. Tree replacements are to be located on the same lot or block as the tree requiring removal or to a location within the subdivision requiring enhancement. Furthermore, such remedial measures or tree replacements shall be approved by the City's Manager of Design, Heritage and Environment and shall be satisfactorily implemented prior to occupancy of the units or, due to weather conditions, by the next planting season. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT-D) 6. Cont'd 54. To obtain from the Grand River Conservation Authority, a Fill, Construction and Alteration to Waterways Permit under Ontario Regulation 154/86 prior to any grading or registration of the Plan. 55. That the 5% parkland dedication required for the plan of subdivision shall be a cash-in-lieu contribution equal to the value of 0.08 hectares of land, with the value determined as of the day before the day of Draft Plan approval and paid prior to the registration of the Plan of Subdivision. 56. To construct 1.5 metre concrete sidewalks along the following streets, to the satisfaction of the City's General Manager of Public Works: a) along both sides of Countrystone Drive; b) along the southeasterly side of Countrystone Place from Lot 68, Registered Plan 1780 to the future walkway; c) along the southerly side of University Avenue from the westerly limit of Lot 1 to the end of the existing sidewalk. 57. To convey to the City, at no cost and free of encumbrance, Block 23 for stormwater management purposes concurrently with the registration of the Plan. 58. To arrange for the conveyance to the City, at no cost and free of encumbrance, of a block of land to be exacted from lands legally described as part of Lot 34, German Company Tract, more particularly described as Part 3 of Reference Plan 58R-6524, prior to the City's release of the Plan for registration or prior to pre-servicing. Such conveyance shall, along with Block 23 in this Plan, satisfy the land required to implement the stormwater management requirements of the Plan of Subdivision. 59. To upgrade that section of existing Glasgow Street, to be renamed "Countrystone Drive" to full municipal standards from the westerly limit of Lot 81, Registered Plan 1780 to the westerly limit of Lot 6 within a 20 metre right-of-way and upgrade that section to be renamed "Countrystone Place", from Lot 6 to the easterly limit of Countrystone Place to full municipal services within a 16 metre right-of-way, save and except for a sidewalk on the northwesterly side of Countrystone Place. In this regard, the Subdivider shall arrange for the conveyance to the City, at no cost and free of encumbrance, of an additional road widening extending from Lots 68 to 76, Registered Plan 1780, to complete the rights-of-way COUNCIL MINUTES DECEMBER 11, 1995 - 636 - CITY OF KITCHENER COUNCIL MINUTES DECEMBER 11, 1995 - 636 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL of Countrystone Drive and Countrystone Place, to the satisfaction of the General Manager of Public Works prior to the registration of the Plan. 60. At such time as Countrystone Drive is open to vehicular traffic to University Avenue, to the satisfaction of the City's General Manager of Public Works, half of the redundant right-of- way of that section of existing Glasgow Street between the terminus of Countrystone Place and University Avenue shall be closed and conveyed to the abutting landowner(s) at fair market value. 61. The subdivider shall construct a public walkway within that half of the existing right-of-way of Glasgow Street which will not be legally closed, from the end of Countrystone Place to University Avenue, to the satisfaction of the City's General Manager of Public Works. 62. To obtain approval from the City's Manager of Heritage, Design and Environment of a plan showing a planting strip having a minimum width of 2.5 metres and a 1.8 metre high chain link fence for any lots and future lots abutting University Avenue prior to the issuance of any building permits affecting such lots. Said planting strip is to be developed at the Subdivider's cost in accordance with the approved plan. Further, said planting strip shall be installed within the affected lots prior to the transfer of title of such lots to the first time occupants, or in the event of winter conditions shall be installed by PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT-D) 6. Cont'd June 1, immediately following such transfer of title. The Subdivider agrees to attach the approved planting plan to all Offers to Purchase and Agreements of Purchase and Sale of lots in which the required planting strip has not been installed due to winter conditions. 63. The Subdivider acknowledges that at such time as the City has quit claimed its interest in the block of land between Glasgow Street and University Avenue, it is intended that this parcel be consolidated with Block 21 or Lot 13 and Block 21. 64. That no building permits shall be issued for Block 21 until that section of the existing Glasgow Street right-of-way between the terminus of Countrystone Place and University Avenue is closed and consolidated with Block 21 and all or most of that parcel described in Condition 63 above has been consolidated with Block 21, in accordance with the provisions set out in said Condition 63. 65. That the names of the streets within the Plan shall be those shown on the Plan of Subdivision. 66. That construction traffic to and from the proposed subdivision development shall be restricted to accessing the subdivision only from University Avenue. The Subdivider agrees to advise all relevant contractors, builders, and other persons of the requirement, with the subdivider being responsible for any signage, if required, all to the satisfaction of the City's Director of Traffic and Parking Services. 67. That Block 22 shall only be developed in conjunction with the abutting institutional lands to the west, described as Part 3 of Reference Plan 58R-6524, or with Lot 14 in this Plan. In this regard, prior to the City's release of the Plan for registration, the Subdivider shall provide a copy of an Agreement related to the transfer of these lands signed by the owners of the institutional property relative to Block 22 , or alternatively, ensure in writing that Block 22 shall be sold only to the same owner as Lot 14. 68. Notwithstanding Condition 48 of this Agreement, the City agrees that a fence shall not be required on that section of the walkway abutting the property municipally addressed as COUNCIL MINUTES DECEMBER 11, 1995 - 637 - CITY OF KITCHENER COUNCIL MINUTES DECEMBER 11, 1995 - 637 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 1105 Glasgow Street. 69. The Subdivider agrees to dedicate Blocks 24 and 25 by Plan registration for road widening purposes. It is the opinion of this Committee that the approval of this application is proper planning for the City. (D) Following the registration of this Plan, the City shall rename that section of Glasgow Street from the westerly limit of Lot 81, Registered Plan 1780 to the intersection with Countrystone Drive in the Plan, to "Countrystone Drive", and rename that section of Glasgow Street from its intersection with Countrystone Drive westerly to the end of the cul-de-sac, to "Countrystone Place". Said renaming shall include the renaming of Blocks 24 and 25. (E) The City agrees to quit claim its interest in the parcel of land bounded by University Avenue, Lot 13, Block 21, and Glasgow Street, which is owned by Monarch Construction, prior to the registration of this Plan. (F) That the implementing zoning by-law for Zone Change Application 94/02/G/JG (Monarch Construction) not be presented to Council until Regional Draft approval of Subdivision application 30T-88015 has been given. Once final Draft Plan approval has been issued, the amending zoning by-law shall be presented to Council for three readings at the PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT-D) 6. Cont'd following scheduled meeting. Alternatively, three readings of the by-law may be given if the City Clerk is presented with a letter from the Region of Waterloo advising that the Region has no objection to the passing of the zoning by-law. 7. A. That Council approve Rental Housing Protection Act application CU/95/001 (Dragica & Poldi Tuka) for the conversion of a two bedroom unit to a hair salon at 115 Patricia Avenue subject to the Owner complying with section 105 of the Landlord and Tenant Act, R.S.O. 1990. c. L.7, as amended. The issuance of the 120 Day Notice of Termination of the Tenancy Agreement shall not be sooner than the date of Council's approval of the Owner's application under the Rental Housing Protection Act. It is the opinion of this Committee that approval of this application is proper planning for the City. B. That Zone Change Application 94/15/P/JW (D. & P. Tuka, 115 Patricia Avenue) requesting a change in zoning from Residential Six (R-6) to Residential Six (R-6) with Special Use Provision 210 according to By-law 85-1, on Lot 32 and Part of Lot 33, Registered Plan 739, be approved in the form shown in the attached "Proposed By-law", dated May 29, 1995, subject to the following conditions: 1. That prior to any readings of the amending Zoning By-law: a) the Owners submit a parking plan and receive approval thereof from the Director of Traffic and Parking Services; and b) the Owners construct the parking area in accordance with the approved plan, to the satisfaction of the Manager of Community Planning and Development COUNCIL MINUTES DECEMBER 11, 1995 - 638 - CITY OF KITCHENER COUNCIL MINUTES DECEMBER 11, 1995 - 638 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Review, or alternatively that the Owners submit to the Manager of Community Planning and Development Review a letter of credit in an amount sufficient to guarantee the construction of the parking area in accordance with the approved plan. 2. The Owner acknowledges that Condition 1 is required to be satisfied no later than 7 months from the day of Council having approved by resolution Zone Change Application 94/15/P/JW. In the event this requirement is not fulfilled within the 7 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. 8. That Zone Change Application ZC 95/16/TC/JW (City of Kitchener), representing revisions to the regulations of the D-1, D-2 and D-3 Zones of Comprehensive Zoning By-law 85-1, dealing with residential use of ground floor locations, be approved in the form shown in the attached "Proposed By-law", dated November 23, 1995, without conditions. It is the opinion of this Committee that the approval of this application is proper planning for the City. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT-D) 9. The Department of Planning and Development recommends: 1. That subject to the changes recommended in Sections 2 and 3 below, Council approve the 1996 - Post 1997 Staging of Development Report dated November 3, 1995 attached to Planning and Development Staff Report PD 95/110. Further, that all additional requests received for advancement in the municipal Draft Plan Approval date or 1996 Priority not be supported. 2. That the following requests be added to the Staging of Development Report.- (a) eport:(a) That the property described as Part of Lot 119, German Company Tract (Zeller Drive) owned by Arthur Huber be added as Parcel #83A for Municipal Draft Plan Approval Post 1997 with the following information inserted: Exact number of lots and units to be determined. Development Charge Expenditure -- Development Charge Revenue -- Park Frontage City Cost -- Expect Development 2003 Servicing Comments: Requires extension of appropriate water source. Infrastructure Study required to determine location and number of pumping station(s) and forcemains. Timing Comments: Grand River South planning study to determine land use densities based on residual sanitary sewer capacity within the present system. COUNCIL MINUTES DECEMBER 11, 1995 - 639 - CITY OF KITCHENER COUNCIL MINUTES DECEMBER 11, 1995 - 639 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Requires Hallman-Brierdale#83 to proceed first. (b) That the property described as Part Lot 10, Beasley's Broken Front Concession (Pioneer Tower Road) owned by the Pioneer Sportsman Club be added as Parcel #60A for Municipal Draft Approval Post 1997 with the Timing and Servicing Comments similar to other Parcels in Pioneer Tower West and that a special comment be added that Parcel #60A requires a Municipal Plan Amendment to allow a small portion of its lands to be developed residentially. 3. That the following requests be advanced in the Staging of Development Report.- a) eport:a) That the request from 913612 Ontario Limited be supported and that Parcel #55 be advanced from 1997 to Municipal Draft Plan Approval 1996 C; b) That the request from 456941 Ontario Limited be supported and that Parcel #75 be advanced from Post 1997 to Municipal Draft Plan Approval 1997. c) That the request from 583018 Ontario Limited be supported and that Parcel #76 be advanced from Post 1997 to Municipal Draft Plan Approval 1997, and that a statement be included in the Timing Comments noting that a subdivision application will not be processed until the Fairway Road alignment issue has been resolved. d) That the request from Teakwell Holdings be supported and that Parcel #77 be advanced from Post 1997 to Municipal Draft Plan Approval 1997; and that a statement be included in the Timing Comments noting that a subdivision application will not be processed until the Fairway Road alignment issue has been resolved. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT-D) 9. Cont'd e) That the request from 509132 Ontario Limited be supported and that Parcel #81 be advanced from Post 1997 to Municipal Draft Plan Approval 1997. f) That the request from Northlake Homes be supported and that Parcel #82 be advanced from Post 1997 to Municipal Draft Plan Approval 1997; and that a statement be included in the Timing Comments noting that a subdivision application will not be processed until the Fairway Road alignment issue has been resolved. g) That the request from Hallman Brierdale be supported and that Parcel #83 be advanced from Post 1997 to Municipal Draft Plan Approval 1997; h) That the request from Hallman Brierdale be supported and that Parcel #93 be advanced from 1997 to Municipal Draft Plan Approval 1996 B; i) That Parcel #100 Southstaton Holdings be advanced from Post 1997 to Municipal Draft Plan Approval 1997 and that the map be revised to reflect the exact property dimensions; and j) That Parcel #101 Activa Development be advanced from Post 1997 to Municipal Draft Plan Approval 1997 and that the map be revised to reflect COUNCIL MINUTES DECEMBER 11, 1995 - 640 - CITY OF KITCHENER COUNCIL MINUTES DECEMBER 11, 1995 - 640 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL the exact property dimensions. 4. That the following text changes associated with the respective Land Parcel #'s in the Staging of Development Report be approved: Parcel #4 - Bauman, Keller and Highland West Developments That reference to the traffic study in the Timing Comments be revised as follows: "The required traffic study has been completed and the Region recommends that Victoria Street be extended from its present terminus to the first collector road in the subject lands for access." Parcel #19 -Activa Development That the following statement be added to the end of the Servicing Comments as follows: "That relevant phases of the development of this land parcel will require the extension of Fischer-Hallman Road." Parcel #50 - Monarch Construction That the Expected Development date be set back from 1996 to 1998. Parcel #55 - 913612 Ontario Limited That the potential unit count be revised to read "33 medium and 1 large single detached;" and that reference to the required hydrogeological study for alternative servicing be deleted in the Timing Comments. Parcel #71 - Old Chicopee Estates That reference to the residential unit count and Servicing and Timing Comments be revised to reflect the balance of the subdivision less the latest registration. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT-D) 9. Cont'd Parcel #80 - Rockway Holdings That the following phrase be added to the end of the Timing Comments as follows: "May require extension of Fairway Road." Parcel #L - Rockway Holdings Parcel #M - Steed and Evans That reference to the septic system under Servicing Comments be revised as follows: "Consideration of Regional Official Policies Plan servicing hierarchy to be resolved." 5. That the following comments be added to the text of the Staging of Development Report as follows: 11That as a result of amendments to the Development Charges Act tabled by the COUNCIL MINUTES DECEMBER 11, 1995 - 641 - CITY OF KITCHENER COUNCIL MINUTES DECEMBER 11, 1995 - 641 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Provincial Government on November 16, 1995, the areas of Grand River South phases 2 and 3, Pioneer Tower West, portions in the River Road/Old Chicopee Drive area and the residential portion of the Huron Community may be affected to the extent that the expected development year shown for these lands may not be realized due to the potential restrictions affecting the City's ability to amend its Development Charge By-law to include necessary new infrastructure to service these areas." COMMUNITY SERVICES COMMITTEE - 1. That the fees for golf and associated activities for the 1996 golf season, as presented to the Community Services Committee on December 4, 1995, be approved. 2. That we approve the request of the K-W Leukemia Association for an in-kind facility rental grant in the amount of$252.03 for rental of ice time and the Subscribers' Lounge on December 9, 1995. 3. That the lawn bowling fees and charges for 1996, as presented to the Community Services Committee on December 4, 1995, be approved. 4. That the funds designated for the National Public Art Competition be increased by $4,000.00 to $24,000.00, with the additional funding to be used for administration and advertising, and further, That Council endorse the Selection Committee composed of: Councillor M. Yantzi, Gordon Hatt, Renato Foti, Eric Haldenby and Mary Catherine Newcomb. 5. That we approve the request of Amnesty International: Kitchener-Waterloo Group 9 for an in-kind facility rental grant in the amount of $108.07 for their use of the City Hall Rotunda on December 10, 1995. 6. That the existing co-promotion between Kitchener Transit and the Kitchener Farmer's Market, which provides free transit service to promotional ticket holders on market days, be extended through 1996, the cost of which is to be accommodated through the Kitchener Transit promotions budget. ENVIRONMENTAL COMMITTEE - 1. That Councillor T. Galloway be appointed Chair of the Environmental Committee for a term to expire November 30, 1996. 2. That Councillor Jake Smola be appointed Vice-Chair of the Environmental Committee for a term to expire November 30, 1996. 3. That the Environmental Committee approve holding its 1996 meetings at 4:00 p.m. on the dates listed below, except as otherwise noted: Wednesday, January 10 (only if necessary Wednesday, June 5 and at 4:30 p.m.) July 3 " February 7 September 4 " March 6 October 2 " April 3 November 6 " May 1 December 4 COUNCIL MINUTES DECEMBER 11, 1995 - 642 - CITY OF KITCHENER COUNCIL MINUTES DECEMBER 11, 1995 - 642 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 4. That Mr. Rajiv Anjaria and Mr. Robert Porter be appointed as the City of Kitchener representatives on the "Green Community Initiative" sponsored by the Ministry of Environment and Energy and by the Waterloo Public Interest Research Group (WPIRG), for a term to expire November 30, 1996. FINANCE AND ADMINISTRATION COMMITTEE - 1. That Policy Number 1-580, 1.(a) be amended to read as follows: That, for a trial period of 1 year, effective January 1, 1996, a bingo lottery licence covering a series of bingos may be issued to any charitable/religious organization for a period not to exceed four calendar months. The maximum number of bingo events any organization may be licensed for shall not exceed 52 in any calendar year. The above is subject to the organization meeting the Provincial Terms and Conditions, including the requirement with respect to the filing of bingo reports within 15 days of holding an event. Failure to meet this requirement will result in the organization's licensing period being shortened. The Licensing Staff are permitted to issue further licences on a one-time basis covering a consecutive four-week period. If at the end of this four-week period, the desired results have not been achieved, then staff shall issue on a per event basis or refuse all subsequent requests for bingo lottery licences. If the requirements are not met in more than one licensing period during a twelve month period, staff shall refuse all subsequent requests for bingo licences for the organization and refer the matter to the Finance and Administration Committee for review. Any of the above actions, however, may be appealed at the next regular meeting of the Finance and Administration Committee or City Council by the organization affected. 2. That the owner be notified that the City intends to consider a by-law at the December 11, 1995 Council meeting authorizing the removal of waste material from and the cutting of weeds at 161 Ottawa Street South, Kitchener, at the owner's expense if this has not been done by the owner on or before December 29, 1995. 3. That the owner be notified that the City intends to consider a by-law at the December 11, 1995 Council meeting authorizing the removal of waste material from and/or the cutting of weeds at 151 Lancaster Street East, Kitchener, at the owner's expense if this has not been done by the owner on or before December 29, 1995. FINANCE AND ADMINISTRATION COMMITTEE - (CONT-D) 4. That the Mayor and Clerk be authorized to execute a rental agreement expiring December 31, 1996, with Ministerial Associates (Kitchener) Inc. involving use of the Heritage Room or other suitable accommodation in City Hall for the strict purpose of performing wedding ceremonies. Such arrangement would be in effect on each Friday from 12:00 noon until 6:00 p.m. and on each Saturday from 10:00 a.m. until 6:00 p.m. at a rental rate of $1,050.00, payable in advance on or before the 1 st day of each month. 5. That the vacant parcels of land legally described as: Lot 17, Plan 66 (Union Street, east of Lancaster Street); Part of Lot 12, Plan 364 designated as Part 1, Plan 58R-1929 (Eby Street South, north of Charles Street East); and Part of Lot 6 and Part of Lot 7, Plan 390 (Madison Avenue South between Charles Street East and Courtland Avenue East) be declared surplus to the City's needs, and further, COUNCIL MINUTES DECEMBER 11, 1995 - 643 - CITY OF KITCHENER COUNCIL MINUTES DECEMBER 11, 1995 - 643 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That the City's Land Purchasing Officer be directed to negotiate agreements of purchase and sale with the abutting owners and with respect to Part of Lot 6 and Part of Lot 7, Plan 390, alternatively and as decided by the Land Purchasing Officer, by newspaper advertisement or real estate listing, with each agreement to be presented to Council for acceptance. 6. That Council indicate its support for a 75% non-smoking area in all bars, restaurants and other public facilities, including public halls, and that the Provincial government be petitioned as regards the enacting of Province wide no-smoking legislation. (Dealt with under delegations and Motion Lost.) 7. That in regard to public concern over the health impact of cigarette smoke, the Regional Municipality of Waterloo consider and investigate the implementation of air quality standards in individual restaurants and other establishments frequented by the general public. (Dealt with under delegations and Carried.) 8. That City staff be authorized, effective June 1, 1996, to proceed with an insurance renewal with one insurance broker on a fee-for-service basis versus the present insurance committee, and, That the Finance Department be authorized to proceed with the implementation of a full-time Insurance/Risk Manager position within the Finance Department to coordinate: The placement of insurance requirements; review of claims; adjustment and settlement of claims and assigning losses to outside adjusting firms; review of claims incidence with City Departments; implementation of an internal insurance/risk manual, and further, That the Claims Section of Safety in the Human Resources Division be moved to the Finance Department and be consolidated with the other insurance/risk management administrative functions, and further, That the position of Insurance/Risk Manager be funded from the City of Kitchener Insurance Reserve Fund, and further, That this arrangement be reviewed in two year's time. 9. That no action be taken at this time to implement a phase-in program relative to the recent property tax re-assessment. 10. That the Facilities Management Division undertake the maintenance of Homer Watson House, effective January 1, 1996. COUNCIL MINUTES DECEMBER 11, 1995 - 644 - 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. Banner Requests It was resolved: "That in conjunction with the Canadian Junior Baseball Championship to be held in Kitchener from August 21, 1996 to August 25, 1996, we grant permission for the erection of a banner on King Street at Frederick/Benton Streets and King Street at Francis Streets from Monday, August 12, 1996 to Wednesday, August 28, 1996 inclusive, and further, That arrangements be made with the City's Contractor for erection of the banner and the payment by the requesting organization of any costs associated therewith." - and - "That in conjunction with the 'TRUCKFEST '96' to be held in Kitchener on June 15th and 16th, 1996, at the Kitchener Memorial Auditorium Complex, we grant permission for the erection of a banner on King Street at Rockway Gardens from Monday, May 27, 1996 to Sunday, June 16, 1996 inclusive, and further, That arrangements be made with the City's Contractor for erection of the banner and the payment of any costs by the requesting organization associated therewith, and further, That the Chief Administrative Officer be authorized to schedule the erection and removal of a banner for this event, on an annual basis, as requested." 2. Licensing Requests It was resolved: "That Pizza Pizza and Fry Days be granted permission to operate refreshment stands on Civic Square, during the Festival of the Night, on December 31, 1995 provided that the necessary Licence and Health and Fire approvals are obtained and that the fees be reduced from $20.00 to $1.00, and further, That the Korova Cafe, 79 Joseph Street, Kitchener, be granted permission to sell food in front of their premises during the Festival of the Night, on December 31, 1995." 3. Industrial Land Consent - BRIDGEPORT NORTH WARD It was resolved: "That the City consent to the following transactions for the property described as Parts 1, 14, 15, 16, 28, 29 and 30 on Reference Plan 58R-7231 and municipally known as 675 Riverbend Drive, Kitchener: a) a mortgage from MGR Properties Ltd. to the Royal Bank of Canada; COUNCIL MINUTES DECEMBER 11, 1995 - 645 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 3. Industrial Land Consent - BRIDGEPORT NORTH WARD (Cont'd) b) a general and specific assignment of rents from MGR Properties Ltd. to the Royal Bank of Canada, collateral to the said mortgage; c) a general assignment of rents and leases from MGR Properties Ltd. to the Royal Bank of Canada, collateral to the said mortgage; d) a lease from MGR Properties Ltd. to MGR Management Ltd. as assigned by an assignment agreement between MGR Management Ltd. and McCarter Family Trust, Grespan Family Trust and Robson Family Trust (c.o.b. as MGR Office Management), as subleased from McCarter Family Trust, Grespan Family Trust and Robson Family Trust, (c.o.b. as MGR Office Management) to Michael McCarter, Paul Grespan and Craig Robson (c.o.b. as McCarter Grespan Robson); and, e) a further sublease from Michael McCarter, Paul Grespan and Craig Robson (c.o.b. as McCarter Grespan Robson) to Reidco Limited and Foxboro Green Inc." 4. Certificate of Title - SOUTH WARD It was resolved: "That the Mayor and Clerk be authorized to execute on behalf of the City a Release Agreement dated September 18, 1995 with Huron Woods Development Corporation, Franz Rosner and Ruth Rosner and Star-Kamp Wood Products Ltd. to discharge all obligations of the parties as set out in a gravel agreement between High Street Construction Limited and the Rosners dated July 4, 1983 and registered July 22, 1983 as Instrument No. 757663." 5. Continuous Improvement Steering Committee It was resolved: "That Mr. Steve Gyorffy be appointed to the Continuous Improvement Steering Committee for a term of one (1) year, expiring November 30, 1996." 6. Mutual Release - CHICOPEE WARD Councillor B. Vrbanovic requested an explanation of the Mutual Release and Mr. J. Shivas advised that the release related to litigation involving our Insurer's lawyers and was part of a settlement arising out of the action. It was resolved: "That the Mayor and Clerk be authorized to execute on behalf of the City a Mutual Release with Alfred Bisson c.o.b. as AB Mechanical, to consent to the dismissal of their crossclaims and any other claims arising out of Action No. 2424/92 in the Ontario Court (General Division)." 7. Renewal of Licence Agreement It was resolved: "That the Mayor and Clerk be authorized to sign the renewal licence agreement with the Race Relations Committee of Kitchener-Waterloo to use space at Kitchener City Hall for a further one year term on the same terms and conditions as the previous licence agreement including rent of$13.50 per square foot per annum." COUNCIL MINUTES DECEMBER 11, 1995 - 646 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 8. Agreements -Victoria Park 100th Anniversary Committee Councillor G. Lorentz questioned if there was explanation why, for New Year's Eve celebrations, one group was hosting an event in Victoria Park and a different group was hosting an event at City Hall. Councillor M. Yantzi responded that there was some discussion that took place between the groups relative to these two separate events but he did not forsee any problem with them being that they were complimentary and it was expected people would move back and forth between the two locations. It was resolved: "That the Mayor and the Clerk be authorized to sign the attached agreements relating to the Victoria Park 100th Anniversary Committee New Year's Eve celebration." 9. Kitchener-Wilmot Hydro - Surplus Sites Councillor B. Vrbanovic referred to the acquisition and land exchange with respect to Substation Nos. 23 and 14 and questioned the designations under the Municipal Plan and Zoning By-law. Mr. T. McCabe commented that the residential use would remain that was consistent with what is in the City's Municipal Plan and Zoning By-law. It was resolved: "That the City of Kitchener purchase Substation #26 from the Hydro-Electric Commission of Kitchener-Wilmot being Parts 1 and 2, Plan 58R-5983 at the sum of$21,871." - and - "That the City of Kitchener acquire Substation #23 designated as Lots 1, 2 and 3, Plan 258 located as 738 Charles Street East and exchange with the Hydro-Electric Commission of Kitchener-Wilmot the lands designated as Part of Lot 38, Plan 775 adjacent to Substation #14 on Fairway Road at Grulke Street." 10. Revised Local Improvement Petition - SOUTH WARD It was resolved: "That we grant the revised petition dated October 30, 1995 of Mr. Dominic Di Bernardo et al, for construction of watermain and connections on the west side of King Street East, between Sportsworld Drive and 275 metres north of Sportsworld Drive, pursuant to the Local Improvement Act, and further, That Council's resolution of July 4, 1995, approving the same work be rescinded and authorizing By-law 95-110 be amended to revise the cost of the watermain and connections as itemized in Schedule A to the by-law from $53,827.52 to $75,552.75." 11. Tender The tender listed in the Committee of the Whole Agenda was dealt with under delegations along with an additional written quotation dealing with renovations to the Mayor/Councillors Wing. COUNCIL MINUTES DECEMBER 11, 1995 - 647 - CITY OF KITCHENER 12. Project Lift Inc. It was resolved: "That Project Lift Inc. be allowed to expend up to $75,000 of their Capital Fund Reserves to acquire hardware and software to provide a computerized scheduling system, and further, that the City of Kitchener provide a line of credit to Project Lift Inc. of up to $20,000. Any funds borrowed under this line of credit are to attract interest at the rate of Bank of Montreal Prime Rate plus 1%." 13. Applications for Cancellation, Refund, Reduction or Levy of Taxes - December 11, 1995 Hearing The Committee was in receipt of a letter dated December 6, 1995, from Mr. R.W. Pritchard requesting consideration of tax adjustment applications submitted under Section 442 of The Municipal Act, R.S.O. 1990. It was resolved: "That the applications attached hereto and forming part of these minutes relative to cancellation, reduction, refund or levy of taxes be disposed of as recommended therein." 14. Certificate of Title - STANLEY PARK WARD The Committee was in receipt of a memorandum dated December 11, 1995 from Mr. J. Shivas, City Solicitor, recommending the City's consent relative to an application made under the Certificate of Titles Act. It was resolved: "That the Mayor and Clerk be authorized to execute a Consent and Waiver of Notice and draft reference plan to expedite a Certificate of Titles Act Application by Ulrich Stefan Vogel and Sybil Debrusk respecting lands described as Lot 40, Registered Plan 1307 and municipally known as 100 Breckenridge Drive." COUNCIL MINUTES DECEMBER 11, 1995 - 648 - CITY OF KITCHENER COUNCIL MINUTES DECEMBER 11, 1995 - 649 - CITY OF KITCHENER COUNCIL MINUTES DECEMBER 11, 1995 - 650 - CITY OF KITCHENER