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HomeMy WebLinkAboutCouncil Minutes - 1996-01-29COUNCIL\1996-01-29 JAN UARY 29, 1996 COUNCIL MINUTES CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by the 48th Kitchener Girl Guides under the direction of Kathy Plourde. Councillor T. Galloway thanked the members of the group for their appearance this evening. Moved by Councillor J. Ziegler Seconded by Councillor C. Weylie "That this Council express its deep sense of loss over the recent passing of Mr. Wilfrid Bitzer a City Alderman during the period 1954-1957. Mr. Bitzer who served the citizens of this community with distinction for many years in many capacities, was an able and highly respected citizen and a devoted public servant. His many contributions to the betterment of this community will be long remembered and his passing will be mourned by all who knew him. And further, that this Council extend its sincere sympathy to his bereaved wife and family." Carried Unanimously. Mayor R. Christy advised that Ms. Linda Lidkea who was employed in the City's Traffic Division had passed away last week and on behalf of City Council expressed sincere sympathy to family members. At the request of Mayor Christy, the Council and those in attendance observed a one minute silence out of respect for Mr. Wilfrid Bitzer and Ms. Linda Lidkea. On motion by Councillor John Smola, the minutes of the regular meeting held January 15, 1996 and the special meeting held January 22, 1996, as mailed to the Mayor and Councillors, were accepted. A. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (a) Letter from the Honourable Al Leach, Minister of Municipal Affairs and Housing, responding to City Council's resolution of November 14, 1995, supporting the Government's proposed legislative planning reforms regarding community based approvals. (b) Letters from John English, M.P. and Janko Peric, M.P., responding to City Council's resolution of December 11, 1995, regarding the Infrastructure Program. Mayor R. Christy advised that at the 1996 Annual Meeting of the Economic Developers Council of Ontario (EDCO), the City of Kitchener received three awards being second prize in two separate categories and third prize in another category. He then presented the awards as follows: second place in the Promotional Campaign Category for print ads accepted by Ms. V. Gibaut and J. Jantzi. second place in the Web Sites Category for the design and implementation of the City of Kitchener Home Page accepted by Ms. C. Oliver, D. Robertson and Messrs. D. Milne, G. Borovilos and G. Wong. third place in the Special Event Category for the Passport to Success (Oktoberfest Event) brochure and background information accepted by Ms. V. Gibaut, J. Jantzi and Mr. W. Hussey. Mayor R. Christy commented on the significance in receiving these awards being that EDCO was a provincial organization representing both private and public sector economic development professionals from across Ontario. Mayor R. Christy advised that individuals were in attendance in connection with presentation of the Annual Community Service Awards that recognize students and partners who are involved in the City's Partnership in Education Program with Kitchener Collegiate Institute and Resurrection High School. Mayor Richard D. Christy then asked the recipients of the 1995 Community Service Awards under the Partnership in Education Program to come forward. Presentations of the 1995 Awards were made by: Mr. Rick Wehrley, Vice-Principal, Resurrection Catholic Secondary School to Ms. Julie Henhoeffer; Mr. Mike JANUARY 29, 1996 COUNCIL MINUTES CITY OF KITCI:IENER Bodell, Kitchener Collegiate Institute Student Council to Lorne Clarke (not in attendance); and Mr. Ken Currier, Member of the Partnership in Education Committee to Ms. Terry Marr of the Kitchener Parks & Recreation Department. Mayor R. Christy on behalf of Council, congratulated the recipients for the special contributions each have made to making the community a better place. 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. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That tender T95-100, Preventative Maintenance and Deliming of Rental Water Heaters, be awarded to Delta Inc. of Kitchener at their tendered price of $87,000., plus G.S.T." Carried. Mr. Bernie Belesky appeared as a delegation on behalf of Intervin'96 to answer any question regarding the AprilWinefest. A recommendation in this regard was listed as Item B.3 of the Committee of the Whole agenda of this date. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner "That the Council of the Corporation of the City of Kitchener has no objection to the Liquor Licence Board of Ontario issuing a permit to Intervin '96 to allow wine to be tasted and judged in the City Hall Rotunda from 9 a.m. to 5 p.m. daily during the period April 26-29, 1996" Carried. Mr. Brian Seifried, President, Local 68 appeared as a delegation to address budget issues as they relate to upcoming contract negotiations. He indicated that he was familiar with 1996 budget issues Council has been considering after having both followed and attended recent budget meetings. He expressed concern over cuts that have negatively impacted employees within Local 68 who have been active with management in achieving significant savings to the City through the Continuous Improvement Program. Mr. Seifried commented that in his role as President of Local 68 he has tried to foster harmony between union members and management. He then listed some of the savings achieved by employees within the workplace and noted that in the interest of good relations with management, the union has not grieved lengthy job vacancies in spite of the Collective Agreement which contains a 30-day clause requiring vacant positions to be filled. He pointed out that most of another $300,000 in saving has been achieved on the backs of his union members who are doing more with less. Mr. Seifried commented that there was growing frustration among union members and requested that they be compensated in some way. He questioned how Council could ignore annual inflation of 2% when considering employee compensation, particularly when the average member wage was $30,000 per year. He referred to the higher wage rates of Regional employees doing similar jobs and questioned where the accountability was of elected City officials who sit on Regional Council. In summary, he pointed out that he was making a presentation this date because he felt an obligation to his union members to bring their concerns and frustrations directly to City Council's attention. In response to Councillor K. Redman, Mr. Seifried advised that his remarks made this date were based on observations arising from union membership meetings. He again stressed concern over the building frustration on the part of workers in consideration of several years of wage freeze and the points mentioned in his presentation. Councillor M. Yantzi referred to the 1% wage increase that was removed from the 1996 budget and questioned how much the salary line has been reduced, exclusive of the 1% figure. Other Councillors requested more detailed information in this regard. For the February 2nd budget meeting of the Finance and Administration Committee, the Finance Department was requested to prepare information detailing changes in the salary line for each of union and non-union staff groups occurring from the period immediately preceding the social contract legislation to the present, and also to provide figures detailing the compensation amounts that any laid off employee would typically draw in Unemployment Insurance Benefits (% of wage to maximum UIC limit) as compared to the amount of their current wage. COUNCIL MINUTES JANUARY 29, 1996 CITY OF KITCI:IENER Mr. David Kresky, appeared as a delegation on behalf of Tax Watch to acknowledge that Council was faced with a difficult 1996 budget year, particularly as a result of Provincial government cutbacks and to advise that Tax Watch was hopeful a zero percent increase in the budget would be achieved. He commented that Tax Watch has concerns over how the City spends its money and proceeded to offer examples in this regard. In reference to the Capital Budget, he questioned if library expansion, new community centres, future fire station relocations and over-spending in the downtown were really legitimate ways to spend money given that service cuts were on the horizon and suggested these ambitious Capital Programs should be scaled back. In terms of the Operating Budget, he expressed concern about more money spent upgrading the transit system which is a money loser. Further, he noted that a portion of the annual operating budget is pre-committed to providing subsidy to fund money-losing facilities and organizations and recommended this should be eliminated. As a possible solution he suggested allocating surplus from the gas utility to build up separate reserve funds for such facilities/organizations to the level that the fund would become self-sustaining and generate required annual operating subsidy for organizations such as the Centre In The Square. The effect of such a program would be to lower the Operating Budget by removing the annual subsidy requirement from it. Finally, he asked that Council allocate time during 1996 to analyze what residents want so as to build the results into development of the 1997 budget. Several Members of Council then posed questions to Mr. Kresky who indicated that: elimination of the Library Bookmobile was a service cut that was not properly thought out, the year 1996 should be used to restructure how the City provides services, certain services should be fully supported by user fees, Kitchener's method of funding road and sidewalk reconstruction is appropriate and a 1% staff wage increase would be acceptable only if operations took place in a more efficient manner, but that public sector wage increases were not valid for the next few years. Mr. Junius Lockhart appeared as a delegation to object to residents paying higher taxes as a result of higher property assessments. Mayor R. Christy noted that the assessment process was administered strictly by the Province of Ontario and was out of the City's control. Mr. J. Gazzola explained the assessment process which is currently reviewed every four years based on market valuation factors. He noted that most recently commercial class assessments went down and residential class assessments went up; however, within each category, there were increases and decreases with the majority of properties being affected in the range of 0 to + 10%. Mr. John Kuntze appeared as a delegation to express views pertaining to recent controversy surrounding pitbull dogs. As background to Mr. Kuntze's presentation, Councillor B. Vrbanovic advised that since a recent event involving a pitbull, Councillor Jake Smola had prepared and forwarded a submission to Al Leach, Minister of Municipal Affairs & Housing, requesting legislative change respecting such dangerous dogs. Also Councillors Vrbanovic and Jake Smola held a meeting with the K-W Kennel Club to discuss proposed changes to the City's Dangerous Dog By-law. Mr. Kuntze, Secretary for the K-W Kennel Club, advised that in consideration of recent events involving a pitbull, a public statement by the Club was appropriate. The club acknowledges there is a serious concern given the tenacity, strength and lack of pain sensitivity of pitbull dogs, particularly when associated with less than caring owners. He pointed out that 95% of pitbull dogs picked up by the Humane Society are never reclaimed. Mr. Kuntze suggested that with a few changes to the proposed by- law, an allowance could be made for existing owners of pitbulls to retain their dogs and discrimination could be avoided against other purebred dogs which resemble pitbulls in appearance only. He thanked Councillors B. Vrbanovic and Jake Smola for their work on this issue and implored Council to act in the best interest of the community. Finally, he stated that the K-W Kennel Club encourages responsible dog ownership. Councillor B. Vrbanovic advised that he would be forwarding information in this regard to the City Solicitor who indicated a report would be prepared for consideration by the Finance and Administration Committee at its meeting on February 19. Mr. Sean Keating appeared as a delegation regarding the Pitbull Dog By-law. He stated that the pitbull was a dangerous mix and was creating a climate of fear within the community. Mr. Keating advised that because a neighbouring tenant has a pitbull, his family income was being affected because people are afraid to leave their children with his wife who has been providing home day care. Mr. Keating commented that the community fear was justified because of irresponsible owners and that Council must act to protect its citizens. In response to Councillor B. Vrbanovic, Mr. Keating advised that the JANUARY 29, 1996 COUNCIL MINUTES CITY OF KITCI:IENER neighbour's dog advances in a threatening manner toward people who are out in his backyard. Councillor Vrbanovic requested that he meet with the City Solicitor to assess whether the existing by-law could be applied to that circumstance. Mr. Keating stated that he was very much in favour of the proposed by-law restricting pitbulls. Mr. Scott Nevin appeared as a delegation to express concern over the cuts to the Library's 1996 budget involving the $35,000 required to operate the two bookmobiles. He noted that the bookmobile service generates 3%-4% of Library borrowings but consumes only .6% of the budget, making it a cost-effective service in spite of suggestions that the number of bookmobile users has been declining. He suggested that all options be considered before anything is done regarding the existing bookmobile service. To address operational problems of the existing bookmobiles given their age, it has been suggested that the Library purchase a custom barrier free self-contained unit that could be placed at any location without restriction as currently. Further, a new unit would reach a much broader segment of the community; however, the approximately $150,000 cost was prohibitive. As to operation of the bookmobile, he stated that he felt the service was not well advertised and could be done at minimal promotional cost. He recommended that the City begin lobbying the Province to obtain authority to charge user fees for services such as the bookmobiles and noted that people are willing to pay for such service. He also suggested that the City consider non-resident user fees, shorten library hours of operation and investigate solicitation of public/corporate donations toward the acquisition cost of a new mobile unit. He also suggested that volunteers might be utilized to augment the existing bookmobile service which he stressed was a focal point for neighbourhoods where it operates. Councillor T. Galloway suggested that if the Library retained one of the existing bookmobiles, it could service existing locations every two weeks rather than once a week. Councillor Jake Smola commented that he was hopeful the Library Board would reconvene prior to Council's budget day to consider the bookmobile service issue. Mr. Terrance Hurlburt was in attendance to answer any questions with regard to clause 1 of the Finance and Administration Committee report of this date and financial information he submitted for the year 1995. Moved by Councillor J. Ziegler Seconded by Councillor Jake Smola "That clause 1 of the report of the Finance and Administration Committee of this date be adopted." Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee of this date be adopted." Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee of this date be adopted." Councillor T. Galloway disclosed a pecuniary conflict of interest and abstained from all discussion regarding clause 4 as he is employed by the Kitchener Rangers Hockey Club. Councillor M. Wagner referred to clause 4 and suggested that the recommendation may in fact be hindering the process and that it might be wise to allow for more flexibility with regard to the C.R.F. charge as long as the maximum was reached within the three-year period. Councillor John Smola expressed opposition to clause 6 and asked that the recommendation be reconsidered. It was his view that membership should not be available to any non-Kitchener residents at less cost than what Kitchener residents are charged. Councillor J. Ziegler stated that it was his motion that no action be taken to change membership categories at this time and he suggested that there was a principle involved based on the action of previous Councils and any new action could be unfair unless every non-resident Option 1 membership was analyzed. Further discussion followed primarily involving the issue of user fees for non-residents. Councillor B. Vrbanovic pointed out that the golf courses were JANUARY 29, 1996 COUNCIL MINUTES CITY OF KITCI:IENER businesses and not tax supported and suggested that it was inappropriate for Council to reverse a business decision made by previous Councils to undertake a phased approach to deal with the issue of out-of-town resident members. The report was then put to a vote. Voted on Clause by Clause. Clause #4 - Carried. Clauses #6 - A recorded vote was requested. In Favour: Mayor R. Christy and Councillor J. Ziegler, M. Yantzi, T. Galloway, B. Vrbanovic and K. Redman. Contra: Councillors John Smola, G. Lorentz, C. Weylie, M. Wagner and Jake Smola. Motion Carried. Balance of Report - Carried. Recorded pecuniary conflict of interest and abstention: Clause 4 - Councillor T. Galloway as he is employed by the Kitchener Rangers Hockey Club. 3. Moved by Councillor J. Ziegler Seconded by Councillor Jake Smola "That the report of the Finance and Administration Committee of this date be adopted." On motion by Councillor J. Ziegler seconded by Councillor T. Galloway, it was agreed to add an additional clause numbered as clause 9 of the report granting the request of G & N Mulhall relative to waiving of the required non-resident fee for a Hawkers and Pedlars Licence. The report was then put to a vote. Voted on Clause by Clause. Clause #1 - Dealt with under Delegations and Carried. Balance of Report - Carried. Moved by Councillor M. Wagner Seconded by Councillor B. Vrbanovic "That staff be requested to investigate and report to the Finance and Administration Committee on the issue of non-resident user fees with consideration as to areas where such fees would be applicable and where needed." Carried. Councillor J. Ziegler pointed out that in consideration of the user fee issue, it be noted that user fees are designed to make money, but not prohibit participation. Councillor G. Lorentz advised that he wished to provide City Council with an update on the issue of defibrillators for the Kitchener Fire Department. He pointed out that arrangements had been made for a loan to the fire department to acquire the defibrillators based on Council agreeing to the enhanced service level. A commitment for public fund-raising was part of the package; however, the Kitchener JANUARY 29, 1996 COUNCIL MINUTES - ~7- CITY OF KITCI:IENER firefighters are of the view that their participation in the program is no longer appropriate. He did stress that Council has been supportive of capital works of over $5,000,000 for fire department projects and that Council is committed to on-going capital improvements in support of fire department operations. He indicated that fund-raising for the defibrillators was continuing without the help of the Firefighters Association and that it may take a little longer than anticipated to raise the required funds originally loaned. Councillor B. Vrbanovic provided an update on the Grand River Conservation Authority activities with regard to Kiwanis Park advising that the general membership had voted to offer Kiwanis Park for purchase by the City for $1 and it was expected the matter would be brought before City Council in the near future for consideration. Councillor J. Ziegler referred to the existing Dangerous Dog By-law and his previous request to consider revision to the clause dealing with penalty upon three convictions. Mr. J. Shivas advised that the Legal Department was reviewing the entire by-law and intended to bring the matter back to Finance and Administration Committee with a recommendation on many aspects including the clause dealing with the number of times charges have been laid against a particular dog. He indicated that he would try to have a report for the February 5 Finance and Administration Committee meeting but it was more likely to be the Committee meeting to be held on February 19, 1996. Councillor J. Ziegler commented that during the last two to three years, he has received complaints regarding dog owners that allow their pets to run loose in Steckley Woods. He noted that the Humane Society has tried to control this through its patrol services and he has requested the Society to provide him with the names of dog owners living in the general area of Steckley Woods so that he can send a letter to alert these owners to the infraction given that they view the Woods differently than a normal park. He asked that the Legal Department consider the question of whether the City would have the authority to prohibit dogs in a "named park". Councillor C. Weylie pointed out that a successful event was held recently at the Centre In The Square involving a partnership between the Hamilton Opera Company and the K-W Symphony and achieved 700 subscribers. She noted that similar events would be held on February 12 and May 8. Councillor C. Weylie referred to the City of Kitchener's Municipal Directory and Data Manual and requested that the telephone numbers of members of various Boards be included in the directory. Mr. L.F. Parkhouse advised Councillor Weylie that it was his understanding there was a concern under the Freedom of Information & Privacy Act in this regard and that the General Services & City Clerk's Department would provide a response to her request. Mayor R. Christy advised that an inaugural meeting of persons interested in the Mayors Advisory Council on Youth was being held in the Council Chambers on Tuesday, January 30 at 7:30 p.m. Moved by Councillor M. Wagner Seconded by Councillor J. Ziegler "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to exempt a certain lot from Part Lot Control - Lots 20, 21, 50 and 51 and Block 53, Registered Plan 1829; and Block 56, Registered Plan 1826 - Keewatin Avenue (b) Being a by-law to repeal By-law 95-39, a Designation By-law under the Ontario Heritage Act - 30 Francis Street South (c) Being a by-law to provide for the establishing and laying out of part of Erinbrook Drive as a public highway in the City of Kitchener (d) Being a by-law to provide for the establishing and laying out of part of Julia Crescent as a public highway in the City of Kitchener (e) Being a by-law to provide for the establishing and laying out of part of Rittenhouse Road as a public highway in the City of Kitchener JANUARY 29, 1996 COUNCIL MINUTES - RS- CITY OF KITCI:IENER (f) Being a by-law to amend By-law 85-1 known as the Zoning By-law - I.C.I. Realty Developments Inc. - Lackner Boulevard at Corfield Drive - No.941241LIJW (g) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (h) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (i) To confirm all actions and proceedings of the Council and that the same be taken as read a first time and stand referred to the Committee of the Whole. Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor R. Christy appointed Councillor John Smola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. Moved by Councillor John Smola Seconded by Councillor G. Lorentz "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor M. Wagner Seconded by Councillor J. Ziegler "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to exempt a certain lot from Part Lot Control - Lots 20, 21, 50 and 51 and Block 53, Registered Plan 1829; and Block 56, Registered Plan 1826 - Keewatin Avenue (By-law No. 96-12) (b) Being a by-law to repeal By-law 95-39, a Designation By-law under the Ontario Heritage Act - 30 Francis Street South (By-law No. 96-13) (c) Being a by-law to provide for the establishing and laying out of part of Erinbrook Drive as a public highway in the City of Kitchener (By-law No. 96-14) (d) Being a by-law to provide for the establishing and laying out of part of Julia Crescent as a public highway in the City of Kitchener (By-law No. 96-15) (e) Being a by-law to provide for the establishing and laying out of part of Rittenhouse Road as a public highway in the City of Kitchener (By-law No. 96-16) (f) Being a by-law to amend By-law 85-1 known as the Zoning By-law - I.C.I. Realty Developments Inc. - Lackner Boulevard at Corfield Drive - No.94/24/L/JW JANUARY 29, 1996 COUNCIL MINUTES - ~9- CITY OF KITCI:IENER (g) (h) (i) (By-law No. 96-17) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (By-law No. 96-18) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (By-law No. 96-19) To confirm all actions and proceedings of the Council (By-law No. 96-20) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned. MAYOR CLERK PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 1. A, That the "Grand River South Area 1 Community Plan" be revised by adding the following policy thereto: "3.3.8 THAT a minimum net residential density of 12.6 units per hectare apply to the lands designated "Multiple Residential (40 units/hectare)" and "Multiple Residential (100 units/hectare)", situate at the southwest corner of Lackner Boulevard and Corfield Drive, and being approximately 2.4 hectares in area." It is the opinion of this Committee that approval of this revision to the Community Plan is proper planning for the City. That Zone Change Application 94124/L/JW (ICI Realty Developments Inc.) requesting a change in zoning from Residential Six (R-6) with special use provision 179U to Residential Six (R-6) and Open Space (P-2) according to By-law 85-1, on Blocks 125 and 128, and Part of Block 126, Registered Plan 1647, be approved in the form shown in the attached Proposed By-law dated December 21, 1995, 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. That Subdivision Application 30T-94020 (ICI Realty Developments Inc.) be recommended to the Regional Municipality of Waterloo 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 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 December 28, 1995, providing that minor amendments to said plan, acceptable to the City's 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 and the Grand River Conservation Authority, prior to any grading or construction on site and prior to the City's release of the Plan for registration. 53. That prior to any grading or construction on the site, to submit for the approval of 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 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 engi- neering design shall be approved prior to the City's release of the Plan for registration and shall include an erosion and siltation control plan indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction. The Subdivider further agrees to implement all required measures as outlined in the approved final design. 54. That the names of the streets within the Plan of Subdivision shall be those shown on the attached Plan of Subdivision. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 1. Cont'd 55. That construction traffic to and from the proposed subdivision shall use Corfield Drive directly to Lackner Boulevard. All construction traffic shall be prohibited on Corfield Drive JANUARY 29, 1996 COUNCIL MINUTES CITY OF KITCI:IENER COUNCIL MINUTES JANUARY 29, 1996 - 31- CITY OF KITCI:IENER 56. 57. 58. 59. 60. 61. 62. 63. REPORTS ADOPTED BY COUNCIL west of Apple Tree Drive. 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 City's Director of Traffic and Parking Services. To construct a 1.5 metre concrete sidewalk along the south side of Apple Tree Drive from Corfield Drive to Apple Tree Court as part of the servicing of the plan of subdivision and to make satisfactory financial arrangements with the General Manager of Public Works, prior to the commencement of servicing, for the construction of a 1.5 metre concrete sidewalk along the entire Lackner Boulevard frontage. To provide a planting strip having a minimum width of 4.6 metres and a 1.82 metre high chain link fence along the rear of Lots 1 to 10 abutting Lackner Boulevard. Said planting strip is to be developed at the Subdivider's cost in accordance with plans/drawings approved by the City's Manager of Design, Heritage and Environment prior to issuance of any building permits for said lots. 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 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 accor- dance with Section 50, installation of said barrier shall substitute for the planting strip requirement. To convey to the City of Kitchener, at no cost and free of encumbrance, Block 46 for storm water management purposes, concurrently with the registration of the subdivision plan. To complete the community trail link on Block 126, Registered Plan 1647, from Block 127, Registered Plan 1647, to the sidewalk on Fairway Road, at such time as required by and to the satisfaction of the City's General Manager of Public Works. To install a minimum 1.2 metre high chain link fence along the side lot lines of Lots 20 and 21 and the rear lot lines of Lots 15 and 16 abutting Block 126, Registered Plan 1647, and to install a gate where Block 126 meets the south side of Apple Tree Drive at such time as required by and to the satisfaction of the City's General Manager of Public Works. To install a minimum 1.2 metre high permanent paige wire fence or alternate marking system along the rear lot lines of Lots 10 to 14 inclusive and Lots 24 to 36 inclusive, and the side lot lines of Lots 42 and 43 abutting Block 126, Registered Plan 1647, at such time as required by and to the satisfaction of the City's General Manager of Parks and Recreation. Further, the Subdivider agrees to include a statement advising of the fencing or marking system requirement in all Offers to Purchase and Agreements of Purchase and Sale for the Lots affected by this clause. To construct Apple Tree Drive across Block 126, Registered Plan 1647, as part of the servicing of this Plan of Subdivision. After the said road is constructed, assumed by the City and is open to traffic, the City shall open the road by by-law. The required reference plan shall be prepared at the Subdivider's cost. Upon completion of Apple Tree Drive, to remove the access road from Block 126, Registered Plan 1647, between Corfield Drive and Apple Tree Drive, and replace it with sod to the satisfaction of the City's General Manager of Public Works. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 1. Cont'd JANUARY 29, 1996 COUNCIL MINUTES CITY OF KITCI:IENER COUNCIL MINUTES JANUARY 29, 1996 CITY OF KITCI:IENER 64. 65. 66. REPORTS ADOPTED BY COUNCIL To provide a landscape screen having a minimum width of 3.0 metres along the rear of Lots 37 to 45 inclusive and Block 126, Plan 1647, abutting Corfield Drive for the purpose of screening the rear yards of said lots and establishing a uniform streetscape for this section of Corfield Drive. Said landscape screen is to be developed at the Subdivider's cost in accordance with plans/drawings approved by the City's Manager of Design, Heritage and Environment, in consultation with the Manager of Design, Heritage and Environment, prior to registration of the subdivision plan. Further, said landscape screen 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 June 1, immediately following such transfer of title. The Subdivider agrees to attach the approved plan to all Offers to Purchase and Sale of Lots in which the required landscape screen has not been installed due to winter conditions. That due to high water pressure in the area, each dwelling shall have a minimum finished floor level of 310 metres above sea level. Alternatively, subject to the approval of the Regional Municipality of Waterloo prior to the issuance of building permits, the Subdivider shall install water pressure reducing devices in each affected unit to the satisfaction of the City's Chief Building Official. To obtain from the Grand River Conservation Authority a Fill, Construction and Alteration to Waterways Permit under Ontario Regulation 149 as amended, as required for storm sewer outfalls or other alterations within the floodplain of Idlewood Creek. Such permit shall be obtained prior to any on-site grading, the installation of services or prior to the City's release of the Subdivision Plan for registration purposes. It is the opinion of this Committee that approval of this application is proper planning for the City. That the implementing Zoning By-law for Zone Change Application 94/24/L/JW (ICI Realty Developments Inc.) not be presented to City Council until Subdivision Application 30T- 94020 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. Following execution and registration of the subdivision agreement detailed in C above, the City Solicitor be authorized to release Blocks 125 and 128, Registered Plan 1647, from the Subdivision Agreements previously registered thereon. That Planning and Development Staff Report PD 96/5 (Implications of Repeal of Residents' Rights Act, Bill 120 - Discussion Paper) be deferred and referred to the February 5, 1996 Planning and Economic Development Committee meeting for further consideration. That the Council of the Corporation of the City of Kitchener advise the Ministry of Municipal Affairs and Housing of the following comments with respect to Kitchener's Review of Bill 20 - (Proposed New Land Use Planning and Protection Act and Proposed new Provincial Policy Statements). Firstly, that the City of Kitchener objects to any change that would remove "soft services" from the formula utilized to assess the local charge under the Development Charge By-law. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) COUNCIL MINUTES JANUARY 99, 1996 - 33 - CITY OF KITCI:IENER COUNCIL MINUTES JANUARY 99, 1996 - 33 - CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL 3. Cont'd Secondly, that in drafting the new proposed Provincial Policy Statement, Kitchener objects to any change to the 1992 approved Wetland Policy that removes reference in the Policy to: 1) 2) "loss of contiguous wetland area", and to the Policy requirement for an Environmental Impact Statement and also objects to any change in the definition of adjacent lands that removes reference to: 1) 2) "those lands within 120 metres of an individual Wetland Area", and to "all lands connecting individual Wetland Areas within a Wetland Complex." And further, that a copy of this resolution be sent to the Association of Municipalities of Ontario. That Trudy Beaulne and Councillor Karen Redman be appointed as Co-Chairs of the Safe City Committee. COMMUNITY SERVICES COMMITTEE - That the City of Kitchener supports the bid to bring the 1997 and 1998 Provincial Skills Canada Competitions to Kitchener, and further, That a $3,000.00 one time cash grant be allocated for local hosting expenses, in the event that Skills Canada awards the competition to Kitchener. That the City of Kitchener support the bid to bring the 1997, 1998 and 1999 Slopitch Ontario Provincial Championship to Kitchener, and further, That a $3,000.00 grant in each of the three years be allocated for a municipal reception and local committee expenses in the event that the championship is awarded to the City of Kitchener. That Carol Bradley be named the 1996 Artist in Residence for the City of Kitchener, pending mutual agreement of a licensing agreement prior to occupation of the Reflecting Studio in April 1996; as recommended by the Art Acquisition Committee. That the Capital Reserve Fund (C.R.F.) charge for ticketed events at the Kitchener Memorial Auditorium Complex be increased to $1.00 per ticket effective May 1, 1996; except for shows/events currently under contract, and further, That staff, as part of the contract re-negotiation process with the Kitchener Rangers, negotiate a three year phase-in for Kitchener Ranger ticket purchases on the following basis: 1996-1997 season - $0.50; 1997-1998 season - $0.75; 1998-1999 season - $1.00. That the 1996 annual grant requests as considered by the Community Services Committee on January 22, 1996, be approved, save and except for the proposed grant to the Race Relations Committee which shall be eliminated and the funds transferred to the General Provision Account, and further, That staff notify each organization receiving a grant that there is a strong indication that a further 5% decrease in grant funding will be necessary in 1997. That no action be taken, at this time, with respect to out-of-town residents holding Option No. 1 memberships at either Rockway Golf Club or Doon Valley Golf Club. COUNCIL MINUTES JANUARY 29, 1996 - 34 - CITY OF KITCI:IENER COUNCIL MINUTES JANUARY 29, 1996 - 34 - CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) That no changes be made to the existing policy with respect to the replacement of trees on City boulevards. That consideration of Minor Sports grants be deferred to the Community Services Committee meeting scheduled for February 5, 1996. FINANCE AND ADMINISTRATION COMMITTEE - That Council grant the request of Terry Hurlbut, Executive Director, Wish Kids Foundation, for permission to sell break-open tickets on an on-going basis from the third party site at King's Video and Variety, 607 King Street West, Kitchener, and, That an account be established at a bank in the City of Kitchener in this regard, and further, That the above is subject to Council receiving the Foundation's financial statements prior to the January 29, 1996 Council meeting. (Dealt with under Delegations and Carried) That the City owned property situated on Doon Village Road, described as Part of Lot 2, Biehn's Tract designated as Parts 1,2 and 3, Plan 58R-8155 be declared surplus to the City's needs and be offered for sale to the public. That Council grant the request of the Kitchener-Waterloo Philatelic Society to waive the required fees for a Hawkers and Peddlers Licence in conjunction with their proposed show and sale scheduled for April, 1996. That Licensing, Parks and Recreation and Legal staff prepare a comprehensive report for consideration by the Finance and Administration Committee as soon as possible concerning the location of street vendor carts on City property, with said report to include background on the two problem locations referred to by staff at the January 22, 1996 Finance and Administration Committee meeting, any new vendor locations on City property proposed by the Parks and Recreation Department, a list of all currently approved locations on public property and the number of vendor carts in service. That Council accept the Market Research Report (Resident Survey) of the Progressive Marketing Group, dated January 19, 1996, and further, That the Group be requested to provide to Council colour hardcopy of the graphs used in their presentation to the Finance and Administration Committee on January 22, 1996 as well as the additional information referred to that date as "other comments". That the Market Research Report (Resident Survey) dated January 19, 1996 be forwarded to Management Committee for discussion and comment. That further consideration as to modification of the City's current Ward boundaries be deferred and referred to the May 13, 1996 meeting of the Finance and Administration Committee pending consideration and decisions by Regional Council on various governance issues impacting the number and configuration of City Wards. That Council approve, without prejudice or precedent, a grant in the amount of $361.75 for Mr. W. Siegfried with respect to water usage at 103 Shanley Street for the period May-August, 1994. 9. That Council grant the request of Gary Mulhall and Nancy Mulhall to waive the required non- JANUARY 29, 1996 COUNCIL MINUTES CITY OF KITCI:IENER COUNCIL MINUTES JANUARY 29, 1996 - 35- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL resident fee for a Hawkers and Pedlars Licence relative to door to door sales within the City of Kitchener. COUNCIL MINUTES JAN UARY 29, 1996 - 36 - CITY OF KITCHENER COMMITTEE OF THE WHOLE BY-LAWS AS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Termination of Aqreement It was resolved: "That the Agreement dated May 21, 1991 with Al's Cartage Ltd. permitting the installation and maintenance of City equipment at 190 Goodrich Drive to facilitate transmission of the Fire Department's two-way radio equipment be terminated effective June 30, 1996." 2. Various Licenses It was resolved: "That the City of Kitchener has no objection to the Canadian Red Cross Society, 5700 Cancross Court, Mississauga, Ontario, L5R 3E9, being granted permission to sell raffle tickets in the City of Kitchener for draws to be held at their offices at 5700 Cancross Court, Mississauga, Ontario, on February 29, April 11 & May 8, 1996." -and- "That Ms. Elisabeth Szenyi, 1232 King Street East, #2, Kitchener, be granted a Massagist licence and a Body Rub Parlour licence for the year 1996." - and - "That Mr. Frank Thomas, R.R. #3, Elmwood, be granted a Massagist licence and a Body Rub Parlour licence for the year 1996." -and- "That the City of Kitchener has no objection to a Raffle Lottery licence being issued to the Kitchener Minor Boys Softball Association, P.O. Box 532, Kitchener, to conduct a Raffle lottery at the Franklin Public School, 371 Franklin Street North, Kitchener, on May 25, 1996." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Canadian Mental Health Association to conduct a Monte Carlo event at the Turf Club Banquet Hall, 4278 King Street East, Kitchener, on March 7-10,1996, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Canadian Mental Health Association to conduct a Monte Carlo event at the Walper Terrace Hotel, 1 King Street West, Kitchener, on March 28-30, 1996 inclusive." -and- COUNCIL MINUTES JANUARY 29, 1996 - 37- CITY OF KITCI:IENER COUNCIL MINUTES JANUARY 29, 1996 - 37- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES JAN UARY 29, 1996 - 37 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 2. Various Licenses - (Cont'd) "That the City of Kitchener has no objection to a Provincial licence being issued to the Kiwanis Kavaliers to conduct a Monte Carlo event at the Granite Club, 69 Agnes Street, Kitchener, on March 8-10, 1996, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Kiwanis Kavaliers to conduct a Monte Carlo event at the Holiday Inn, 30 Fairway Road, Kitchener, on April 5-7, 1996, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Kiwanis Kavaliers to conduct a Monte Carlo event at Golf's Steakhouse, 598-600 Lancaster Street West, Kitchener, on March 26-28, 1996, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Kiwanis Kavaliers to conduct a Monte Carlo event at the Howard Johnson, 1333 Weber Street East, Kitchener, on April 19-21, 1996 inclusive." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Kiwanis Club of Kitchener-Waterloo, to conduct a Monte Carlo event at the Valhalla Inn, 105 King Street East, Kitchener on March 5-7, 1996 inclusive." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Elks Lodge #578, to conduct a Monte Carlo event at the Edelweiss Tavern, 600 Doon Village Road, Kitchener on March 15-17, 1996 inclusive." 3. AprilWineFest - Liquor Licence Board Consent This item was dealt with under Delegations. 4. Encroachment Aqreement - CENTRE WARD It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owners of the property described as Part 1 on Reference Plan 58R-6201 and municipally known as 48 King Street West, to legalize a portion of the existing easterly JANUARY 29, 1996 COUNCIL MINUTES - 35- CITY OF KITCI:IENER COUNCIL MINUTES JANUARY 29, 1996 - 38 - CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL brick wall as it extends 1.7 feet, more or less, onto adjacent City owned property municipally known as 42 King Street West and to permit the installation and maintenance of a 3 inch (more or less) thick water and weatherproofing membrane on the entire easterly wall." COUNCIL MINUTES JAN UARY 29, 1996 - 38 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 5. Petition for Subsidy It was resolved: "That the Mayor and Clerk be authorized to execute a Petition for Subsidy on municipal road improvements under the provisions of the Public Transportation and Highway Improvement Act on expenditures made during the year 1995 totalling $6,386,568." 6. Tender This item was dealt with under Delegations. 7. Kitchener Farmers' Market - Land and Buildinq It was resolved: "That the land upon which the Market Square Parking Garage and Farmers' Market are located be declared surplus to the City's needs, subject to the retention of sufficient space in a fully repaired building, to be occupied by the Farmers' Market and for metered and staff parking, for a minimum of seven (7) years with the right to extend such occupancy; and That the Land Purchasing Officer be directed to prepare a letter of opinion of the market value of the subject land; and further That notice to the public of the proposed sale/lease be given by being listed on the Council Agenda." 8. Quit Claim Deed - 301 Shoemaker Street The Committee was in receipt of a memorandum dated January 29, 1996 from Mr. J. Shivas, City Solicitor, discussing restrictions in the original deed with regard to the property known municipally as 301 Shoemaker Street. Mr. Shivas pointed out that the request is to execute the Quit Claim Deed to remove certain restrictive covenants as the general purpose of the covenants has now been achieved. On motion by Councillor T. Galloway - JANUARY 99, 1996 COUNCIL MINUTES - 39- CITY OF KITCI:IENER COUNCIL MINUTES JANUARY 99, 1996 - 39- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL it was resolved: "That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all rights of the City, contained in paragraph 2 of Schedule 'A' to Instrument No. 880443 respecting Part Lot 3, Registrar's Compiled Plan 1478, designated as Part 1 on Reference Plan 58R- 5310 and municipally known as 301 Shoemaker Street, Kitchener." Encroachment Aqreement - Fascia Sicln at 1440 Kincl Street East The Committee was in receipt of a memorandum dated January 29, 1996 from Ms. L. MacDonald, Assistant City Solicitor, advising that City staff have no concerns with respect to an encroachment request for a fascia sign on the north wall of the building located at 1440 King Street East. COUNCIL MINUTES JAN UARY 29, 1996 - 39 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 9. Encroachment Aclreement - Fascia Sicln at 1440 Kincl Street East (Cont'd) On motion by Councillor G. Lorentz - it was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner(s) and tenant of Lot 68 and Parts Lots 56 and 57, Registered Plan 657 and Part Lot 16, M.C.P. of Part of Lot 1, G.C.T., known as 1440 King Street East, to permit the installation of a fascia sign which will encroach 7 inches, more or less, onto an adjacent City walkway." 10. A,qreement with Ministry of Transportation Low Floor Bus Implementation Demonstration Project The Committee was in receipt of a memorandum dated January 26, 1996 from Mr. J. Shivas, City Solicitor, respecting an agreement between the Ministry of Transportation and the City pertaining to a Iow floor bus implementation demonstration project and funding contributions in that regard to be shared by the Cities of Kitchener and Waterloo and the Ministry. On motion by Councillor C. Weylie - it was resolved: "That the Mayor and Clerk be authorized to execute an agreement, dated January 24, 1996, between Her Majesty the Queen, in right of the Province of Ontario as represented by the Minister of Transportation and the City of Kitchener for the Low Floor Bus Implementation Demonstration Project."