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HomeMy WebLinkAboutCouncil Minutes - 1996-05-21COUNCIL\1996-05-21 MAY 21, 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 Vos Male Quartet from the Salvation Army. Councillor K. Redman thanked the Vos Brothers for their rendition of the National Anthem and also commented that their mother and father had started the Sunbeam Home. On motion by Councillor M. Yantzi, the minutes of the regular meeting held on April 29, 1996, and the special meetings held April 29 and May 13, 1996, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS - N I L Mr. L. Gordon, Manger of Purchasing, appeared as a delegation to answer any questions regarding the tenders listed on the Committee of the Whole agenda of this date. Councillor T. Galloway expressed concern that only one bid had been received in respect to Tender T 96- 49 for the supply of Dump Trucks and Snow Plow Equipment. He questioned if the specifications were so tight that it prevented other manufacturers from submitting a bid that would qualify for consideration. Mr. L. Gordon advised that for the past five years, this type of equipment has been tendered on a combined basis because of problems incurred in the past wherein Cabs, Chassis and Body were supplied by various manufacturers. He also pointed out that the other issue is the move to higher technology represented by the electronic fuel injected diesel engine. Mr. Clare Pomeroy advised that when the City was purchasing gasoline dump trucks in 1977, such trucks had a five year life cycle and with the switch to diesel engines, the life cycle was extended to eight years and now with a move to electronic fuel injected diesel engines, the life cycle was anticipated to be ten years. In addition to longer vehicular life, Mr. Pomeroy stated that savings on maintenance cost of the vehicles was anticipated. As to the bidding process he noted that in future, it was expected other manufacturers would begin to supply vehicles with this type of engine. Councillor T. Galloway stated that his concern was with the competitive nature of the tender process and that specifications for the supply of equipment should be broad enough to allow companies with older technology to submit a bid. He suggested that the company being recommended probably knew that it was the only one that would bid on the tender and this may have been reflected in the tendered price. He indicated that his preference was to re-tender the equipment. Councillor M. Wagner questioned if this was an unusual circumstance and Mr. L. Gordon advised that occasionally the City does receive only a single bid on a tender. Mr. T. McKay advised that the supply of gas meters was an example of such situation. Councillor Jake Smola indicated that he would like the matter referred to the next Council meeting for a detailed explanation of the full benefits of the equipment recommended. Councillor M. Yantzi cautioned that Council not start selectively opening up certain tenders. In response to Councillor J. Ziegler, Mr. C. Pomeroy advised that prices this year were comparable to last year. Councillor B. Vrbanovic referred to Tender T 96-44, Computer Workstations, noting that it was being recommended a new brand of computers be introduced into the organization and he questioned if this course of action might result in additional cost to the City given the existence of multiple brands within the organization. Mr. L. Gordon advised that staff have reviewed the tender with staff of the Information Services Division and it was their recommendation that the Iow bid represented a product that should be investigated. He noted that it had been agreed to buy three units for testing purposes and then follow through with additional purchases if test results were favourable. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That tender T96-49, Dump Trucks and Snow Plow Equipment, be awarded to Kirby International Trucks Ltd., Kitchener, at their tendered price of $460,169., plus optional air conditioning, optional AM/FM radios, G.S.T. and P.S.T." - and - "That tender T96-50, Bus Tires, be awarded to Bast Tire & Auto Limited, Waterloo at their tendered price of $52,680.81, plus G.S.T. and P.S.T." MAY RI, 1996 COUNCIL MINUTES -~10- CITY OF KITCHENER - and - "That tender T96-44, Computer Workstations, be awarded to Patriot Computer Corporation, Thornhill, Ontario at their tendered price of $61,750., plus G.S.T. & P.S.T., and STD Computer Inc., Markham, Ontario at their tendered price of $49,750., plus G.S.T. & P.S.T. And further, that negotiations for pricing of the remaining 50 workstations take place with Patriot Computer Corporation and STD Computer Inc. based on satisfactory delivery, installation and performance of the initial orders." Carried. Ms. Eunice Valenzuela appeared as a delegation along with a number of children from the Latin American Educational Group which operates out of the Chandler-Mowat Community Centre. A petition containing approximately 37 names was presented requesting support for a new Smoking By-law which provides greater protection from second-hand smoke and more specifically supports a by-law which would make all restaurants 50% smoke-free immediately and 100% smoke-free by the year 2000. Several of the children in the delegation each explained the objectives of their group with respect to the smoking issue which are to: expand knowledge of the effects of smoking, resist pressure to start smoking, engage in activism against smoking and disseminate general information. Mr. David Murray appeared as a delegation representing the members of a local group of volunteers made up of representatives of business, labour, government and professional associations whose objective is to raise the profile of workplace health and safety. He asked that Council declare, if it could, the week of June 3-9, 1996 as Canadian Health and Safety Week in Kitchener to better promote the event. Councillor J. Ziegler advised Mr. Murray that Council policy was no longer to endorse private requests for public proclamations. In response to Councillor K. Redman, Mr. Murray advised that some of the week's activities would include: a mock emergency being held in the City of Waterloo on June 4, promotion within the schools and that beneficial television coverage was also anticipated. Councillor M. Wagner requested that clause 5 of the report of the Community Services Committee of this date be dealt with at this time. The Committee recommendation deals with the erection of a monument in Victoria Park that would acknowledge and describe the history of the Peace Memorial erected in 1897. He indicated that he would like to propose an amendment to the Committee recommendation that would also provide for consideration and approval of wording to be inscribed on the monument along with consideration of detailed design and location issues. Councillor G, Lorentz indicated that he would accept Councillor Wagner's request as a friendly amendment to clause 5 of the report. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That clause 5 of the report of the Community Services Committee of this date be adopted with an amendment that would include wording for the monument as an issue for consideration along with detailed design and location of the monument within the Victoria Park." Carried. Ms. Susan Schnarr, Supervisor, Enrichment Preschool, Grand River Hospital K-W Health Centre, appeared as a delegation to request that Council waive enforcement of regulations in the City's Sign By- law in order to allow a portable sign to be erected at the corner of Green and Park Streets for six weeks annually in April and May. She indicated that the problem was the Institutional zoning on the hospital lands. As well, she stated that the Preschool that they operate was a combined clinical program of the hospital and a community program. Mr. T. McCabe advised that their request was somewhat different than other requests that have been received affecting institutional zoning as staff are of the view that the Preschool was a commercial undertaking. As well, he advised that staff would have concerns with regard to location of the sign in relation to maintaining proper visibility for motorists at this intersection. Also Mr. McCabe pointed out that the hospital does have a portable sign on the King Street frontage. The delegation indicated earlier that the request was for approval annually; however, Councillor J. Ziegler advised that procedure with regard MAY RI, 1996 COUNCIL MINUTES - ~11- CITY OF KITCHENER to requests affecting institutional properties was still under review and that any approval given should relate to this year only. Moved by Councillor M. Wagner Seconded by Councillor C. Weylie "That enforcement of the City's Sign By-law be waived this year only, in accordance with the request and details presented this date by Ms. Susan Schnarr, Supervisor, Enrichment Preschool, Grand River Hospital K-W Health Centre, relating to placement of a portable sign at the corner of Green and Park Streets for six weeks promoting the Preschool, subject to the sign being placed in a location acceptable to the Department of Planning and Development." Carried. Mr. Ray Millard, Chair of the Duck Race Committee for the Rotary Club of Kitchener-Westmount, appeared as a delegation to request the City waive its approximate $1,000 cost for road closure expenses with regard to the Rotary Club's Duck Race to be held in Victoria Park on May 26, 1996. He noted that this year a duck race was being held on the lake and that details in this regard have been worked out with Parks & Recreation Department staff. A letter dated May 15, 1996 was previously distributed to Members of Council outlining the events scheduled to take place and Mr. Millard noted that it was hoped the duck race would become an annual event. Further, he advised that the funding request was made necessary by some unexpected expenses that became apparent at the last minute and that his request for financial assistance was for this year only. Finally, Mr. Millard pointed out that last year his organization had raised over $70,000 in benefit of the community. Councillor B. Vrbanovic questioned if the total cost of the undertaking could not be reduced by having staff just drop off road barriers and signage and have volunteers take responsibility for erection. On the matter of City cost, Mr. B. Arnot advised that the grant funds would come out of the City's General Grant Fund, but that he could not address the issue raised by Councillor Vrbanovic as this was under the jurisdiction of Mr. D. Snow. Mr. T. McKay commented that Mr. Snow would handle the event requirements at the lowest possible cost. Councillor M. Yantzi suggested that procedures for road closure requirements be considered by the Public Works and Transportation Committee and Councillor G. Lorentz agreed that the City should have a standard plan in place to assist groups that are undertaking events in the Downtown area. Councillor John Smola commented that the entire issue was simply budget related and that sufficient money should be placed in a budget to provide the necessary assistance to groups whose activities promote the Downtown area. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That we approve the request of Mr. Ray Millard, Chair of the Duck Race Committee for the Rotary Club of Kitchener-Westmount for a one time grant of up to $1,000 to cover City costs for in-kind services relating to road closure expenses including the provision/erection of traffic barriers and parking signage required for the duck race event activities being held in Victoria Park on Sunday, May 26, 1996." Carried. Ms. Judy-Anne Chapman appeared as a delegation in regard to clause 12 of the Planning and Economic Development Committee report of this date dealing with the duplexing issue. She thanked Members of Council for their consideration and recommendation that had come forward from the May 13 Planning and Economic Development Committee meeting. Ms. Chapman referred to the anomaly that was raised at the Committee meeting concerning properties on Silvercrest that were zoned under the Township Zoning By-law and advised that they have been circulated in regard to the issue and the decision made by Planning and Economic Development Committee on May 13. The result of such circulation is that there is no objection to the Committee decision to remove duplexing as of right and she requested that the process go forward. Ms. Mary Ann Wasilka appeared as a delegation in regard to clause 12 of the report of Planning and Economic Development Committee which she opposes. She referred to some of the meetings and the mediation that took place around the duplexing issue and stated that it was her preference duplexes as well as lodging houses be required to be on larger 40 foot lot widths. Ms. Wasilka noted that when the MAY RI, 1996 COUNCIL MINUTES -~1~- CITY OF KITCHENER issue was resolved a few years ago, the neighbourhood set many of its concerns aside to accommodate the duplex issue and in this regard, feel they were not being treated equitably. Accordingly, at the meeting scheduled in October, she indicated that the neighbourhood will want to talk about duplexes, lodging houses, minimum lot widths and height restrictions in addition to R-5 Zoned properties. Mr. T. McCabe commented that all inner City Secondary Plans were developed and done on an area by area basis having regard to individual neighbourhood characteristics. He pointed out that before duplexing became an issue, these neighbourhood secondary plans had been completed. In reference to neighbourhood concerns, he advised that it was his hope to bring neighbourhood association presidents together to discuss concerns and indicated the willingness of staff to look at these concerns area by area and develop a process to review any inequities. Councillor C. Weylie pointed out that the purpose of the public meeting in October was to deal with the duplexing issue only. Councillor K. Redman commented that the Central Frederick area has a legitimate claim relating to a much larger and complex issue that had involved trade-offs and she was committed to a process to ensure that these concerns were addressed. Councillor M. Wagner suggested that the question of how to deal with illegal duplexes be placed on a future agenda of the Planning and Economic Development Committee. He suggested that the Committee should consider what sanctions were in place to address the problem and what sanctions were required to be put in place. Councillor C. Weylie responded that the new fire regulations would address the problem of illegal duplexes. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler "That clause 12 of the report of the Planning and Economic Development Committee of Council of this date be adopted." Councillor C. Weylie indicated that reference in Section (a) of clause 12 to the R4 Zone should be removed and Councillor J. Ziegler suggested that reference to R-2 and R-3 in Section (b) of clause 12 should be replaced by reference to Stage 6 & 7 areas. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler "That clause 12 of the report of the Planning and Economic Development Committee of Council of this date be amended with regard to Section (a) to delete reference to 'in the R-4 Zone' respecting minimum lot width and to delete reference in Section (b) to 'R-2 and R-3' respecting application fees and substitute in its place the words 'in Stage 6 & 7 areas but now proposed to be prohibited"'. Councillor T. Galloway stated that he recognizes that there were inequities created for inner City properties and he was supportive that these be addressed. He questioned how a vacuum provision would legalize existing duplexes and Mr. T. McCabe advised that the owner would have to prove that the duplex existed. He noted that all existing duplexes are legal uses and that Bill 20 legalizes all existing duplexes and those for which building permits have been issued. He advised that proof of use would be no different than what staff require now for other purposes. Councillor C. Weylie's motion to amend Sections (a) and (b) of clause 12 was put to a vote and Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler "That clause 12 of the report of the Planning and Economic Development Committee of Council, as amended this date, be adopted." A recorded vote was requested. In Favour: Councillors J. Ziegler, Jake Smola, C. Weylie, T. Galloway, B. Vrbanovic and G. Lorentz. MAY 21, 1996 COUNCIL MINUTES -213- CITY OF KITCHENER Contra: Mayor R. Christy and Councillors M. Wagner, M. Yantzi, K. Redman and John Smola. Motion Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee of Council of this date be adopted." In reference to clauses 7 and 8 of the report, Councillor J. Ziegler advised that the request represented in clause 8 was addressed in the May 14 Management Committee minutes. He indicated that it was not his intention that an official inspection take place, but rather he would like flexibility within any guideline that the MEE certificate of approval would authorize the Kitchener Fire Department periodically and at its discretion to: co-inspect such facilities with MEE staff on Fire Department request or at the option of the Fire Department inspect such facilities on a discretionary basis as a supplement to MEE inspection with any identified and resultant problems being conveyed to the MEE. Mr. T. McKay commented that the Management Committee supports the suggestion of Councillor Ziegler and the City could step up its inspections with the Fire Department acting where it suspects a problem exists. He indicated that such inspections could take place at least two to four times annually at the discretion of the Fire Department. On motion by Councillor J. Ziegler, seconded by Councillor T. Galloway, it was agreed to defer and refer clauses 7 & 8 to the June 5, 1996 Environmental Committee meeting for further consideration taking into account the response of the Fire Department and the draft guideline proposed by Councillor J. Ziegler. Councillor C. Weylie noted that clause 11 was brought to the attention of Regional Council at its May 18 meeting and that Regional Council had concurred that joint public meetings be held in respect to Topper Woods. The report was then put to a vote. Voted on clause by clause. Clause 7 - Action deferred and referred to the June 5, 1996 Environmental Committee meeting for further consideration in conjunction with clause 8. Clause 8 - In conjunction with clause 7, action deferred and referred to the June 5, 1996 Environmental Committee meeting for further consideration taking into account the response of the Fire Department and the draft guideline proposed by Councillor J. Ziegler. Clause 12 - Dealt with under delegations and Carried, as amended. Balance of Report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee of this date be adopted." MAY 91, 1996 COUNCIL MINUTES -914- CITY OF KITCHENER Councillor M. Yantzi referred to clause 2 of the report and noted that on page 6 of the Community Festivals and Special Events report prepared by Lynn Communications, he had a concern and was not exactly sure what the issue was all about. He requested that it be flagged by Mr. B. Arnot. In response to Councillor Jake Smola regarding clause 4, Mr. J. Shivas advised that a meeting will be held next week to resolve a number of issues before the project could commence. The report was then put to a vote. Voted on clause by clause. Clause 5 Dealt with under delegations and Carried, as amended. Balance of Report - Carried. Moved by Councillor J. Ziegler Seconded by Councillor Jake Smola "That the report of the Finance and Administration Committee of this date be adopted." Councillor B. Vrbanovic disclosed a pecuniary conflict of interest and abstained from all discussion and voting regarding clauses 2 and 6 as his wife is employed by the City of Kitchener. Members of Council referred to the report from Mr. J. Shivas respecting a suggested revision to Policy II- 24 (Discharge for Cause) dealt with under clause 6 of the Committee report. On motion by Councillor J. Ziegler, seconded by Councillor Jake Smola, it was agreed to amend clause 6 of the report with regard to Policy 11-24 (Discharge for Cause) in accordance with the wording provided in the report from Mr. J. Shivas. Councillor M. Yantzi suggested that clause 3 of the report dealing with an outdoor patio of the Sports Cafe be deferred on the basis that the Committee did not address all issues including the 1995 experience and should seek more background information relative to the 1995 license cancellation. Councillor J. Ziegler stated that he was opposed to the deferral as the operator had been penalized in 1995 with regard to his operation. Mr. T. McKay noted that the issue of patron behaviour was addressed by the owner during the Committee meeting. On motion by Councillor John Smola, seconded by Councillor M. Yantzi, it was agreed to defer and refer clause 3 to the May 27 meeting of the Finance and Administration Committee for further consideration. Councillor Jake Smola referred to clause 8 of the report expressing concern about the purpose of the revised Policy 11-94 (Human Rights/Employment Equity). He objected on the basis that the policy was a political statement and that there was a policy in place in respect to the hiring of staff on merit. On motion by Councillor J. Ziegler, seconded by Councillor Jake Smola, it was agreed that clause 13 of the report be amended to provide that the ward boundary discussion scheduled for June 10, 1996 take place as part of a special Finance and Administration Committee meeting rather than a special Council meeting. The report was then put to a vote. Voted on clause by clause. Clause 2 - Carried. Clause 3 - Action deferred and referred to the May 27, 1996 Finance and Administration Committee meeting for further consideration. Clause 6 - Carried, as amended re: Policy 11-24 (Discharge for Cause). Clause 8 - Carried. MAY 21, 1996 COUNCIL MINUTES -215- CITY OF KITCHENER Clause 13 - Carried, as amended. Balance of Report - Carried. The following pecuniary conflict of interest and abstention were disclosed: Clauses 2 & 6 - Councillor B. Vrbanovic as his wife is employed by the City of Kitchener. Councillor John Smola requested to be recorded as opposed to clause 2 and Councillor Jake Smola requested to be recorded as opposed to clause 8. Moved by Councillor M. Wagner Seconded by Councillor T. Galloway "That the report of the Local Architectural Conservation Advisory Committee of this date be adopted." On motion by Councillor M. Wagner, seconded by Councillor T. Galloway, it was agreed to defer and refer clause 3 of the report to the June 14, 1996 meeting of the Local Architectural Conservation Advisory Committee based on new information that was received late last week. The report was then put to a vote. Voted on clause by clause. Clause 3 - Action deferred and referred to the June 14, 1996 meeting of Local Architectural Conservation Advisory Committee. Balance of Report - Carried. Moved by Councillor John Smola Seconded by Councillor M. Wagner "That the report of the Public Works and Transportation Committee of this date be adopted." In reference to clause 3 of the report, Councillor K. Redman indicated that the direction given to staff was a demonstration of the willingness of Kitchener Council to inform the City of Waterloo of transit issues as they came to the attention of Kitchener Council. The report of the Public Works and Transportation Committee was then put to a vote and Carried. Councillor G. Lorentz questioned if Mr. T. McKay could provide a report on the status of road entrance signs to the City. Mr. McKay advised that he would provide Council with a report from Mr. D. Snow. Councillor B. Vrbanovic referred to a leaflet of the City of Waterloo that was mailed to its residents with the City's tax bills. He indicated disappointment with Waterloo's actions and expressed concern about mis-information contained in the leaflet which would appeared to be an attempt to cause dissention between the two Cities. Mayor R. Christy advised that he had spoken with Mayor Turnbull about the issue and that it would be discussed in greater depth at a Mayor's meeting on May 22. Councillor M. Wagner suggested that the best method to deal with the issue would be to bring it forward for discussion at a meeting of the Twin City Committee and recommended the issue be referred to Councillor G. Lorentz and himself to address through that Committee. As an information item, Councillor Jake Smola brought a notice to the attention of Council in respect to a $20 annual membership fee which the Kitchener Public Library will be charging to residents of the Region of Waterloo living outside of the City of Kitchener. The fee will cover such services as the borrowing of books, videos, C.D's and cassettes, but will not apply to other services that do not require a library card. He noted that the library budget was supported primarily by Kitchener taxpayers with only a small MAY RI, 1996 COUNCIL MINUTES -~16- CITY OF KITCHENER percentage grant from the Province of Ontario. Councillor G. Lorentz expressed concern over recent increases within the Gas Utility particularly for hot water rentals and requested that staff prepare an information report for consideration by the Finance and Administration Committee. He also requested that the Finance and Administration Committee be provided with a preliminary report on gas sales and an indication as to when a pro forma 1997 budget might be available for initial discussion. Councillor J. Ziegler responded to the enquiry of Councillor G. Lorentz respecting gas utility price increases and pointed out that not every property owner purchases gas from the City of Kitchener, but because the Utility is owned by the City it has to be managed for the benefit of all taxpayers. Accordingly, the operating procedure has been to levy price increases similar to those imposed by Union Gas. Councillor T. Galloway referred to a newsletter Members of Council received from the Association of Municipalities of Ontario containing an article on the practice of municipalities leasing equipment. He questioned if staff could investigate the matter and comment to the Finance and Administration Committee. Mr. T. McKay advised that staff have considered the practice and suggested that it was appropriate for municipalities that do not have debt carrying capacity. In Kitchener's case, it was far cheaper for the City to purchase than to incur additional expense to lease equipment. Councillor J. Ziegler referred to his letter dated May 17, 1996 addressed to Members of Council dealing with the subject of fees paid to consulting firms. In his letter, he referred to a report prepared by the Region for Regional Engineering Committee summarizing the fees paid to consulting engineering firms for the years 1994 and 1995 and suggested that Kitchener staff prepare a similar list noting that Mr. T. McKay agrees. Mr. T. McKay advised that staff would work toward having the issue brought to the meeting of June 10 Finance and Administration Committee. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner "That City staff prepare a list summarizing the fee paid to engineering consulting firms broken down by local firms (within the Region) and firms outside the Region for each of the years 1994, 1995 and January-May, 1996, as well as a second list matching engineering consultants to specific projects, all for consideration at a future meeting of the Finance and Administration Committee." Carried. Councillor M. Wagner presented the City with a cheque in the amount of $2,500 donated by the Mutual Group in support of the City's Artist in Residence Program. He noted that the Mayor has already conveyed the City's appreciation to the Mutual Group. Councillor C. Weylie questioned if the City cleans the area of rights-of-way extending from backlotted fences to the street line and requested a written response be included on a future agenda of the Public Works and Transportation Committee. Moved by Councillor J. Ziegler Seconded by Councillor Jake Smola "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to provide for the establishing and laying out of part of Westmeadow Drive as a public highway in the City of Kitchener (b) Being a by-law to exempt a certain lot from Part Lot Control - Blocks 1, 2 and 3, Registered Plan 1836 - Brandy Crescent (c) Being a by-law to exempt a certain lot from Part Lot Control - Lot 6, Registered Plan 1799 - Briarfield Street (d) Being a by-law to exempt a certain lot from Part Lot Control - Blocks 68, 69 and 70, Registered Plan 1780 - Glasgow Street (e) Being a by-law to exempt a certain lot from Part Lot Control - Lot 52, Blocks 60, 61 and 62, MAY RI, 1996 COUNCIL MINUTES - RI7- CITY OF KITCHENER Registered Plan 1829 and Blocks 59, 60 and 61, Registered Plan 1826 - Keewatin Avenue (f) Being a by-law to amend Chapter 85 of The City of Kitchener Municipal Code regarding Hearing Authority (g) To confirm all actions and proceedings of the Council (h) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code regarding Appointment - Staff Provincial Offences Act (i) 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 (J) 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 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. Yantzi as Chair. On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. Moved by Councillor M. Yantzi Seconded by Councillor J. Ziegler "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 J. Ziegler Seconded by Councillor Jake Smola "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to provide for the establishing and laying out of part of Westmeadow Drive as a public highway in the City of Kitchener (By-law No. 96-69) (b) Being a by-law to exempt a certain lot from Part Lot Control - Blocks 1, 2 and 3, Registered Plan 1836 - Brandy Crescent (By-law No. 96-70) (c) Being a by-law to exempt a certain lot from Part Lot Control - Lot 6, Registered Plan 1799 - Briarfield Street (By-law No. 96-71) (d) Being a by-law to exempt a certain lot from Part Lot Control - Blocks 68, 69 and 70, Registered Plan 1780 - Glasgow Street (By-law No. 96-72) (e) Being a by-law to exempt a certain lot from Part Lot Control - Lot 52, Blocks 60, 61 and 62, Registered Plan 1829 and Blocks 59, 60 and 61, Registered Plan 1826 - Keewatin Avenue (By-law No. 96-73 (f) Being a by-law to amend Chapter 85 of The City of Kitchener Municipal Code regarding Hearing Authority (By-law No. 96-74) (g) To confirm all actions and proceedings of the Council MAY RI, 1996 COUNCIL MINUTES -~18- CITY OF KITCHENER (h) (i) d) (By-law No. 96-75) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code regarding Appointment - Staff Provincial Offences Act (By-law No. 96-76) 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. 96-77) 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. 96-78) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned. Carried. MAYOR CLERK PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - That the City accept the Offer to Purchase from Anchor Group dated May 7, 1996 with respect to lands composed of Part 1 on Reference Plan 58R-5840 having an area of about 1.47 acres on McBrine Place at the purchase price of $78,000 per acre for a total purchase price of $114,660. The Mayor and Clerk are hereby authorized to execute any other necessary documentation required by the City Solicitor. That the City accept, subject to Jenson Technologies Inc. not exercising its first right to purchase the property, the Offer to Purchase, dated May 1, 1996, submitted by Premier Machine & Gear Ltd. with respect to land in Phase 2 of the Huron Business Park and being composed of Part 2 on Reference Plan 58R-9489 and consisting of approximately 1.127 acres at a total purchase price of $87,906.00 calculated at the rate of $78,000/acre. The Mayor and Clerk are hereby authorized to execute any other necessary documentation required by the City Solicitor. That the Terms of Reference for the Business and Industry Advisory Committee be amended to reduce the number of members from the business community at large from 8 to 6 members and to appoint 1 representative from the Visitor and Convention Bureau and 1 representative from the Kitchener Downtown Business Association. That Demolition Control Application DC 95/8/W/RM (Carar Investments Ltd.) requesting approval for the removal of a single detached dwelling located at 1610 Westmount Road East legally described as Part of Lot 157 German Company Tract be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. That Demolition Control Application DC 95/6/K/RM (Dr. Pus) requesting approval for the demolition of a commercial building with two apartment units located at 736 King Street East legally described as Part Lot 4, Registered Plan 77 be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. That Subdivision Application 30T-94001 (York Nursery Limited) be recommended to the Regional Municipality of Waterloo for draft approval subject to the following conditions. That the Subdivider enter into a Standard Form Residential Subdivision Agreement 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 February 21, 1996, providing that minor amendments to said plan, acceptable to the General Manager of the Department PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 6. (Cont'd) of Planning and Development and not affecting the numbering of lots or blocks may be permitted without an amendment to this agreement. MAY RI, 1996 COUNCIL MINUTES - ~0- CITY OF KITCHENER COUNCIL MINUTES MAY ~1, 1996 CITY OF KITCHENER 52) REPORTS ADOPTED BY COUNCIL 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, Ontario Hydro and Grand River Conservation Authority, prior to registration of the Plan of Subdivision. 53) To submit for the approval of the Grand River Conservation Authority 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 prior to any grading or construction on site and prior to registration of the plan. 54) That the street name within the plan of subdivision shall be "Rauch Court" and such name shall appear on the final registered plan. 55) To dedicate by plan registration Block 8 as "Public Highway" to be used as a public walkway. 56) That construction traffic to and from the proposed subdivision shall use Rauch Court to Penelope Drive to Cora Drive to Trussler Road or through York Nursery property to Highland Road. All construction traffic shall be prohibited from using 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 being responsible for any signage where required all to the satisfaction of the Director of Traffic and Parking Services. 57) That 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 a 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) PLANNING & ECONOMIC 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 a 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 grading will have an adverse effect on the Detailed Vegetation Plan. DEVELOPMENT COMMITTEE - (CONT'D) 6. (Cont'd) e) in the event of construction causing minor tree damage, remedial measures such as trimming, dressing or bark doctoring shall be implemented at the MAY RI, 1996 COUNCIL MINUTES - ~1- CITY OF KITCHENER COUNCIL MINUTES MAY ~1, 1996 CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 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 Plant Appraisal" of the International Society of Arboriculture, 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. 58) To make a cash contribution to the City of Kitchener Park Trust Fund Account in lieu of land for park purposes and in fulfilment of the Planning Act's Park Dedication requirement. Said contribution shall be equivalent to 5% of the value of the land being subdivided with said value and contribution being determined as of the day before the day of draft approval of the plan and paid immediately prior to the registration of the plan of subdivision. 59) To make satisfactory arrangements with Ontario Hydro for any required permanent and temporary fencing around the hydro facilities, if required, and for the relocation of, or revisions to Ontario Hydro facilities, if required, as a result of the subdivision, prior to registration of the plan of subdivision. In this regard, the Subdivider shall present a letter to the General Manager of the Department of Planning and Development confirming that satisfactory arrangements have been made with Ontario Hydro for the above matters, prior to the City's release of the plan of subdivision for registration. The Subdivider further agrees to satisfy Ontario Hydro with respect to being responsible for the restoration of any damage to the right-of- way resulting from construction of the subdivision. 60) That as the Subdivider wishes to temporarily continue the garden centre nursery operation on Lots 1, 2 and 3, the Subdivider shall install a minimum 1.8 metre high screening and/or fencing across the frontages of Lots 1, 2 and 3 and the northerly flankage of Walkway Block 8 to the satisfaction of the Manager of Design, Heritage and Environment for the purpose of screening the existing garden centre nursery operation from the adjacent residential development. No building permits will be issued for Lots 1-3 inclusive until such time as use of the land for garden centre nursery purposes has ceased on all three lots. At such time as the operation has ceased and the temporary fencing/screening has been removed, the Subdivider may apply for building permits. 61 That in accordance with Clause 68 of the Residential Subdivision Agreement registered on title on October 30, 1989 under Instrument No. 1014606 for Registered Plan 1712, the Subdivider agrees to remove the temporary turning circle on Blocks 110 and 111, of Registered Plan 1712 at the time of installation of municipal services for this subdivision and to fully restore Blocks 110 and 111 including landscaping on both private and City lands, driveway ramps, curbs and gutters, all at its cost, all to the satisfaction of the City's General Manager of Public Works. Further, the Subdivider shall be responsible for all legal and survey costs pertaining to the conveyance of Blocks 110 and 111, currently under the City's ownership, to the abutting owners on Rauch Court. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 6. (Cont'd) MAY RI, 1996 COUNCIL MINUTES - ~- CITY OF KITCHENER COUNCIL MINUTES MAY ~1, 1996 CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That City Council grant an exemption to its emergency access policy to allow the maximum length of a cul-de-sac without an emergency access to be 156 metres rather than the maximum 150 metres set out in the policy. It is the opinion of this Committee that approval of this application is proper planning for the City. That Planning and Economic Development Committee take no action with respect to further regulating the location of hazardous waste management facilities through the Comprehensive Zoning By-law. That Planning and Economic Development Committee adopt the following specific guidelines setting out the City's objectives for locating new hazardous waste management facilities, with such guidelines to be used by staff when providing comments to the Ministry of Environment and Energy on applications for Certificates of Approval for hazardous waste management facilities: i) The separation distance between new hazardous waste management facilities and existing or planned residential areas shall be maximized where possible and practical. ii) Concentrations of hazardous waste management facilities which would substantially increase the amount of hazardous waste vehicle traffic within or adjacent to existing or planned residential areas shall be avoided; iii) Transport vehicles travelling to and from a proposed hazardous waste management facility shall be restricted to using routes which provide the most direct access to the provincial highway system but avoid using roads with front lotted residential development; iv) That the appropriate Ward Councillor be immediately advised of all applications for Certificates of Approval for hazardous waste management facilities; and v) That all applications for Certificates of Approval be brought to Planning and Economic Development Committee for information as soon as possible after the M.O.E.E. request for municipal comments. (Action deferred and referred to the June 5, 1996 Environmental Committee meeting for further consideration in conjunction with clause 8) That further to the guidelines recommended in Planning and Development Staff Report PD 96/21 (Hazardous Waste Management Facilities), the Planning and Economic Development Committee request the City's Management Committee to consider and report to Planning and Economic Development Committee on the following: That Management Committee consider legal liability and other issues relative to a proposal requesting the Ministry of Environment & Energy to accept involvement by the Kitchener Fire Department as part of its Certificate Approval process for hazardous waste management facilities that would authorize Fire department staff to: 1) co-inspect such facilities with MEE staff 2) inspect such facilities on a regular basis as a supplement to MEE inspection with any identified unresolved problems being conveyed to the MEE. (In conjunction with clause 7, action deferred and referred to the June 5, 1996 Environ- mental Committee meeting for further consideration taking into account the response PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 9. That we grant the request of Mr. J. David Heintz, on behalf of MMM Inc. Architects for an MAY 21, 1996 COUNCIL MINUTES - 223- CITY OF KITCHENER COUNCIL MINUTES MAY21, 1996 - 223- CITY OF KITCHENER 10. 11. 12. 13. REPORTS ADOPTED BY COUNCIL exemption from the provisions of Chapter 450 - (Noise) of the City of Kitchener Municipal Code, Article 6 covering the hours 6:00 p.m. to 9:00 p.m., Monday to Saturday for the period May 22, 1996 to August 30, 1996, relative to the reconstruction of Wilson Avenue Public School, 122 Wilson Avenue, Kitchener. That Council approve Rental Housing Protection Act Severance Application SE/96/001 (Lloyd Shimens Limited) for consent to sever the property known as 108-112 Duke Street East, legally described as Part Lot 1, Registered Plan 364. That in respect to a proposed Regional Official Policies Plan Amendment to designate Topper Woods, City of Kitchener, as an Environmentally Sensitive Policy Area, as recommended by the Regional Planning and Culture Committee at its meeting held May 7, 1996, the Kitchener Planning and Economic Development Committee requests the Council of the Regional Municipality of Waterloo to defer its Public Meeting required under the Planning Act in order to provide the local municipality with the opportunity to address community planning issues as well as the subdivision review process, or alternatively, hold its Public Meeting at such time so as to allow for concurrent consideration of these planning matters by the local municipality. That with regard to City Council's April 29, 1996 referral of Zone Change Application 96/09/TC (City of Kitchener), we approve the following as direction to staff in the preparation of a new proposed by-law, policies and procedures for duplexing: (a) the proposed by-law shall: - delete duplexes as a permitted use in R-2 and R-3 zones -increase the minimum lot width for duplexes to 10.5 metres (34.4 ft.) and require a minimum lot area of 325 square metres (3500 sq.ft.) - prohibit second units in semi-detached dwellings and street townhouses - introduce a vacuum provision for existing duplexes - be advertised for a public meeting to be held October 7, 1996 (b) policies/procedures: - notwithstanding Council's zone change notice sign policy, all signage requirements for zone change applications to permit duplexes shall be waived - all application fees shall be waived for zone change applications for duplexes within those areas previously zoned to permit duplexes in Stage 6 & 7 areas but now proposed to be prohibited -all new plans of subdivision receiving draft approval after the proclamation of Bill 120 (May 31, 1994) shall continue to be zoned to permit duplexes and all new plans of subdivision from this date forward shall be zoned to permit duplexes (Dealt with under delegations and Carried, As Amended) That Planning, Legal and Parks staff be directed to review the possibility of acquiring Randerson Parkette into City ownership, including possible land acquisition from the Park Trust Fund. COMMUNITY SERVICES COMMITTEE - That the City of Kitchener continue to control animals on municipal lands where their presence poses risk or may cause damage to persons or property. That the City of Kitchener accept, in principle, the recommendations contained in Phase 1 of the Community Festivals and Special Events report prepared by Lynn Communications Inc., dated May 1996. That the Crematorium Feasibility Study presented by Kraemer & Britten be accepted and endorsed, and further, COUNCIL MINUTES MAY 91, 1996 - 994- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) That the Crematorium Centre Development plan, as submitted by the Cemeteries Section Business Initiatives Team be approved and the Division Manager of Cemeteries and Golf Course Operations be directed to submit the applications for the necessary approvals to proceed with the development of the facility, and further, That the Cemeteries Section Business Initiatives Team proceed with the development of detailed plans for the construction of the facility once the necessary approvals are in place, and further, That the Cemeteries Section continue to explore other initiatives, with a focus on the sale of pre- need interment rights and cremation services. That, subject to the Victoria Street Pit Project proceeding as planned, with the mining of gravel and the development of a park, the City accept the offer of the Optimist Club of Stanley Park to donate, upon completion of the project, $35,000 and in-kind services toward the project in exchange for recognition and on-going involvement in the park by the club, and further, That upon initiation of the project a formal agreement be established between the City and the Club, the terms of which shall be subject to the approval of the Legal Department. That we support the proposal of the German Canadian Business and Professional Association and approve, in principle, the erection of a monument in Victoria Park, with the purpose being to acknowledge and describe the history of the original Peace Memorial erected in 1897, and further, That the monument be a replica of the original monument base, with minor modifications, to accommodate accessibility and interpretation, affixed with bronze plaques describing the history, and further, That the Parks and Recreation Department, in consultation with the Local Architectural Conservation Advisory Committee and the Victoria Park Heritage Committee, approve the detailed design, location and wording for the monument within the park, and further, That the erection of the monument be done at no cost to the City other than services in kind. (Dealt with under delegations and Carried, As Amended) That staff be directed to investigate options, locations and possible community partnerships for an indoor skatepark for 1996; with a report to be presented at the May 27, 1996 Community Services Committee meeting. FINANCE AND ADMINISTRATION COMMITTEE - That Council approve the patio plan and design detailing submitted by The Strand, 185 King Street West, as outlined in the key plan of John MacDonald Architect Inc. and dated May 12, 1996, subject to the Fire Department reviewing and approving the revised patio proposal, which includes provision for the vending of ice-cream. That as regards the future of the Early Retirement Incentive Program, Council adopt Option #2 (Transition Option) as outlined in the report of D. Paterson dated April 19, 1996, with the following change: that the termination date for the current Program be October 1, 1996, and further, That the Program be reviewed at three-year intervals corresponding to the term of each new Council. FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) MAY 21, 1996 COUNCIL MINUTES - 225- CITY OF KITCHENER COUNCIL MINUTES MAY21, 1996 - 225- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That Council approve the patio plan and design detailing submitted by the Sports Cafe, 102 King Street West, as outlined in the sketch plan dated June 30, 1994, subject to the owner using canvas sheeting to cover all chain link on the proposed fencing. (Action deferred and referred to the Finance and Administration Committee meeting of May 27, 1996 for further consideration) That Council approve the patio plan and design detailing submitted by Big City Donuts, 24 Gaukel Street, as outlined in the sketch plan dated April 14, 1993, subject to any chain link material being entirely covered with canvas sheeting. That the following vacant parcels of land be declared surplus to the City's needs: a) Part of Biehn's Unnumbered Tract being Part of Part 1, Plan 58R-6355 (Pinnacle Drive); b) Part of Lot 55, Registered Plan 34 (Louisa Street); c) Part of Lot 52, Registered Plan 34 (Louisa Street); d) Parts of Lots 3, 25, 27, 28 and 29, Plan 82 (Wellington Street); e) Part of Lot 108, Municipal Compiled Plan 786 designated as Parts 1 and 2, Plan 58R-5983 (Victoria St S); f) Lot 34, Plan 986 (rear land - Hidden Valley Road), and further, That the City's Land Purchasing Officer be directed to negotiate agreements of purchase and sale with the abutting owners, and, alternatively with respect to property "e", as decided by the Land Purchasing Officer, by newspaper advertisement, real estate listing, or placement of "For Sale" signs, and with each of the above agreements to be presented to Council for acceptance. That the following revised Human Resources policies be adopted as outlined in the report of D. Paterson, dated May 8, 1996:11-12 (Complaints); 11-20 (Core Complement Increase -Temporary); 11-24 (Discharge for Cause); 11-28 (Discipline); 11-32 (Documentation); 11-48 (Employee Assistance Program); 11-52 (Employment of Relatives of Staff Members and Elected Officials); 11-56 (Employment Status Date); 11-64 (Freedom from Harassment); 11-72 (Group Insurance and Pension Plans); 11-80 (Hiring-Selection Disputes); 11-92 (Hours of Work); I1-100 (Leaves of Absence); 11-104 (Loss of Ministry of Transportation Driving Licence or Classification); 11-128 (Recognition Program); I1-144 (Salary Administration/Job Evaluation); I1-176 (Termination Date), and further, That Policy 11-24 (Discharge for Cause) be amended under the "Policy Statement" by deleting the passage which reads: "Authority for discharging a City employee rests with the Chief Administrative Officer in accordance with By-law #87-110 and based on recommendations from the appropriate Department Head and Human Resources." and replacing it with the following passage: "Authority for discharging the Chief Administrative Officer or a Department Head rests with Council. The Chief Administrative Officer is authorized to make a recommendation to discharge a Department Head. Authority for discharging an employee below the rank of Department Head rests with the Chief Administrative Officer based on recommendations from the appropriate Department Head and Human Resources." (As Amended re: Policy 11-24, Discharge for Cause) That consideration of revised Human Resources Policy 11-74 (Hiring - Minimum Standards) be deferred to a future meeting of the Finance and Administration Committee pending a presentation to members of Council on the City's use of the General Aptitude Test Battery (GATB). MAY RI, 1996 COUNCIL MINUTES - ~6- CITY OF KITCHENER COUNCIL MINUTES MAY~I, 1996 - ~6- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) That revised Human Resources Policy 11-94 (Human Rights/Employment Equity) be adopted as outlined in the report of D. Paterson dated May 8, 1996. That proposed Policy 1-153 relative to the enhancement, extension or renewal of agreements and contracts be approved, as appended to the report of R. W. Pritchard dated May 8, 1996. 10. That Council agree, in principle, to the operation of a joint fire dispatch service involving the Cities of Kitchener and Waterloo as outlined in the report of J. Gazzola, J. Hancock, R. Mavin and M. Hussey dated May 9, 1996. 11. That Council approve, in principle, funding to a maximum of $5,000.00 for the June 12, 1996 Media Event and Symposium of the Adaptive Re-Use Committee, and further, That the above be subject to receipt of an event budget for review by the Finance and Administration Committee prior to June 4, 1996. 12. That the City of Kitchener supports Charities First Ontario in their request that the Provincial government insure that appropriate regulations are in place before Video Lottery Terminals are introduced into the gaming community, and that funds from Lottery Terminals stay in the community and in the hands of local charities and further, That the City Clerk circulate this resolution to the Board of Directors of the Association of Municipalities of Ontario. 13. That further consideration of the re-alignment of Ward boundaries be deferred and referred to a special Finance and Administration Committee meeting to be held on June 10, 1996, pending further discussion of related governance issues at the Regional level. (As Amended) LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE - That the vacant property, bounded by Queen Street, Courtland Avenue West and David Street, be removed from the Victoria Park Area Heritage Conservation District at this time, to be added to the Victoria Park Area Heritage Conservation District once site plan approval has been received; subject to the owner working with a sub-committee of L.A.C.A.C., through the site plan approval process, whose purpose is to expedite the process. That, pursuant to sub-section 41 (1) of the Ontario Heritaqe Act, R.S.O. 1990, Chapter O.18, the Legal Department be directed to prepare a by-Law, to be considered at the June 17, 1996 Council Meeting, to designate as a Heritage Conservation District the Victoria Park area, as identified in Schedule A, as amended, to the Victoria Park Area Heritage Conservation District Plan prepared by Nicholas Hill, Architect Planner, dated May 1996. That, pursuant to Section 29 of the Ontario Heritaqe Act, R.S.O. 1990, Chapter O.18, the City Clerk be directed to publish a Notice of Intention to designate the property known municipally as 381 Pioneer Tower Road (Pincott Property) as being of historic and architectural significance and further, That, the designation include the Mennonite Georgian residence and Pennsylvania style Bank Barn with the specific features of the main residence to include: all elevations including the rear summer kitchen annex with one storey verandah with square posts and balusters; single bay pediment stoop entrance with turned posts and side benches; all window openings and windows including 6/6 double hung sash and storms, 6 pane end lights and twin light cellar sashes; door openings and front entrance panelled door with 5 pane transom and three pane side lights and COUNCIL MINUTES MAY RI, 1996 - ~7- CITY OF KITCHENER COUNCIL MINUTES MAY ~1, 1996 - ~7- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE - (CONT'D) 3. (Cont'd) kitchen annex entrance panelled door with twin gothic windows; roof and roofline including wooden moulded frieze, return eaves and west gable end chimney. Features to be designated on the Pennsylvania style Bank Barn include: all elevations, fieldstone foundation, vertical board siding, roof and roofline, old hay rack lift and original ladders. (Action deferred and referred to the June 14, 1996 meeting of the Local Architectural Conservation Advisory Committee) That, pursuant to Section 33 of the Ontario Heritaqe Act, R.S.O. 1990, Chapter, O.18, we approve the request of the owner to maintain and repair the designated property known municipally as 1754 Old Mill Road (Homer Watson House) in accordance with the report of Mr. L. Proulx, Project Manager & Director, dated May 1, 1996, as presented to the Local Architectural Conservation Advisory Committee on May 10, 1996. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - COUNCIL MINUTES MAY RI, 1996 - ~8- CITY OF KITCHENER COUNCIL MINUTES MAY ~1, 1996 - ~8- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That parking be prohibited on the south side of North Drive from Spadina Road to Highland Road, and further, That the Uniform Traffic By-law be amended accordingly. That the evening transit service cuts to Route Nos. 2, 3 and 4, approved in the 1996 Operating Budget, be postponed given the favourable year-to-date passenger revenue generated by the new fare strategy, subject to consideration by the Public Works and Transportation Committee of quarterly updates from staff on results of the new fare strategy. That the Transit Division be directed to forward staff reports on transit issues to City of Waterloo Councillors at the same time such reports were made available for consideration by the Public Works and Transportation Committee. That, effective June 1, 1996, natural gas rates shall be modified in accordance with schedules presented to the Public Works and Transportation Committee on May 13, 1996, and further, That an adjustment amount of $1,152,091.00 be charged against the reserve account presently holding a retroactive credit of $1,192,987.00. COUNCIL MINUTES MAY 21, 1996 - 229 - 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. Association of Municipalities of Ontario - Conference It was resolved: "That the Council of the City of Kitchener endorses registration as voting delegates of the first six members of City Council registering with the Association of Municipalities of Ontario for purposes of its 1996 Annual Conference to be held in Toronto from August 18 to 21, 1996." 2. Claim - ROCKWAY-ST. MARY'S WARD It was resolved: "That the City of Kitchener accepts the offer from Alpine Glass & Mirror Inc. to settle their claim for business expenses incurred during the construction of Schneider Creek Trunk Sewer, Phase 5, Stage 3, Tender T95-23 for the all inclusive sum of $550.00." 3. Banner Request It was resolved: "That in conjunction with the Golden Triangle Premier Horse Show to be held in Kitchener-Waterloo from July 17th to 21st, 1996, we grant permission for the erection of a banner on King Street at Frederick/Benton Streets from Tuesday, July 2, 1996 to Sunday, July 21, 1996, inclusive. Further, that arrangements be made with the City's Contractor for erection of the banner and the payment of any costs by the 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." 4. Licenses It was resolved: "That CAW Local 4304, PO Box 1174, Kitchener, N2G 4G1, be granted permission to operate a Refreshment Stand and act as Hawkers & Pedlars, at the Transit Garage, 250 Strasburg Road, Kitchener, on May 26, 1996, provided that the necessary Licence and Health and Fire approvals are obtained." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Kitchener-Waterloo Gymnastics Club, 805 Victoria Street South, Kitchener, N2M 5N9, to conduct a Monte Carlo event at the Transylvania Club, 16 Andrew Street, Kitchener on July 10-12, 1996 inclusive." - and - COUNCIL MINUTES MAY 21, 1996 - 230 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 4. Licenses (Cont'd) "That the City of Kitchener has no objection to a Provincial licence being issued to the Kitchener-Waterloo Gymnastics Club, 805 Victoria Street South, Kitchener, N2M 5N9, to conduct a Monte Carlo event at the Transylvania Club, 16 Andrew Street, Kitchener on August 8-10, 1996, inclusive." -and- "That El Shaddai Outreach Ministries Inc., P.O. Box 682, be granted permission to operate refreshment stands, in front of the Zehrs at Zehrs Hiway Centre, Kitchener, on the following dates: June 7 & 8, 1996 June 21 & 22, 1996 July 6, 1996 provided that the necessary Licence and Health and Fire approvals are obtained." -and- "That St. Matthews Lutheran Church, 54 Benton Street, Kitchener, be granted permission to operate a refreshment stand, in front of the Zehrs at Zehrs Hiway Market, 1375 Weber Street East, Kitchener, on May 24-26, 1996 inclusive, provided that the necessary Licence and Health and Fire approvals are obtained." 5. Encroachment Aqreements - CENTRE WARD A recommendation respecting an encroachment agreement with the Sports Cafe for the operation of a sidewalk patio for the 1996 season was not considered as a result of Council's action in deferring and referring clause 3 of the Finance and Administration Committee report to the May 27, 1996 meeting of the Finance and Administration Committee for further consideration. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Big City Donuts to permit the use of six (6) feet, more or less, of sidewalk directly in front of Big City Donuts, located at 24 Gaukel Street, for the operation of a sidewalk patio for the 1996 season." - and - "That, subject to receiving approval from the City of Kitchener Fire Department and the Waterloo Regional Health Unit, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with owner(s) of Planet Fusion to extend its restaurant licence to include the operation of a propane warmer on the sidewalk in front of Planet Fusion located at 238 King Street West, for the 1996 season." - and - "Subject to Fire Department approval and the issuance of a 1996 restaurant licence, that the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the Owner(s) of the Strand to permit the use of four (4) feet, eleven (11) inches, more or less, of sidewalk directly in front of the Strand located at 185 King Street West, for the operation of a sidewalk patio for the 1996 season." - and - COUNCIL MINUTES MAY 21, 1996 - 231 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 5. Encroachment Aqreements - CENTRE WARD (Cont'd) "That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Slices Food Services Inc. to permit the use of 11.7 feet, more or less, of sidewalk directly in front of Slices Restaurant, located at 300 King Street West, for the operation of a sidewalk patio for the 1996 season." 6. Proclamation - Civic Holiday It was resolved: "That Monday, August 5, 1996 be proclaimed Civic Holiday in the City of Kitchener." 7. Sale of Vacant Surplus City Lands - CENTRE WARD It was resolved: "That the City accepts the offer from Pamela Roder to purchase, for the sum of $3,500.00, approximately 375 square feet of vacant City land situated next to her property known as 235 Samuel Street and described as part of Lot 98, Registered Plan 284, designated as part of Part 2 on Plan 58R-9380; That the City accepts the offer from William Oliver to purchase, for the sum of $2,500.00, approximately 1,275 square feet of vacant City land located next to his property at 94 Stirling Avenue North and described as part of Lot 98, Registered Plan 284, designated as part of Part 2, on Plan 58R-9380; and Further, that the Mayor and Clerk are hereby authorized to execute any documents deemed necessary by the City Solicitor." 8. Aqreement - National Horseshoe Pitchers Association It was resolved: "That the Mayor and Clerk be authorized to sign an agreement with the National Horseshoe Pitchers' Association to provide for the City of Kitchener to host the 1997 World Horseshoe Tournament at the Kitchener Memorial Auditorium Complex." 9. Noise By-law Exemption Request It was resolved: "That the Regional Municipality of Waterloo and its Contractor(s) be exempt from the provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6 Construction Work during reconstruction of Manitou Drive at Homer Watson Boulevard on Saturday, June 1 and Sunday, June 2, 1996" 10. Renewal Aqreement It was resolved: "That the Mayor and Clerk be authorized to sign the grass cutting service agreement dated May 9, 1996 with K-W Habilitation Services to provide grasscutting services for the City of Kitchener for a six month term commencing on May 1, 1996." COUNCIL MINUTES MAY 21, 1996 - 232 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 11. Refreshment Stand Licence The Committee was in receipt of a memorandum dated May 7, 1996 from Ms. J. Koppeser, Manager of Licensing, outlining a licence request from an organization which is neither charitable nor non-profit and thus would not qualify for a reduced licence fee. Councillor T. Galloway commented that it was his view that the organization was a part of Kitchener Minor Hockey given that tournament participation must be done under the travel permit system. It was resolved: "That the Kitchener Lancaster Friendship Hockey Exchange be granted permission to operate a refreshment stand June 20-22, 1996 inclusive, at Zehrs, Forest Glen Plaza and August 8-10, 1996 inclusive, at Zehrs, Hiway Centre, subject to the organization applying for a $20 Refreshment Stand Licence for each location and conditional upon the applicant obtaining the necessary Health and Fire approvals." 12. Appointments to Grand River Hospital Board of Trustees The Committee was in receipt of a report from Mr. L.F. Parkhouse, advising that the Grand River Hospital Board of Trustees has nominated Messrs. Peter Bridgewater and William Kennaley to serve on the Hospital Board for terms expiring June 1998 and June 1999, respectively. It was noted in the report that Mr. P. Bridgewater has served six consecutive years on the Board and if Council desires to reappoint him at this time, it must do so by a unanimous vote of all members present. It was resolved: "That notwithstanding the provisions of clause l(a) of Council Policy No.l-60 (appointment of lay members - length of service), we hereby confirm the appointment of Mr. Peter Bridgewater to the Grand River Hospital Board of Directors for a term of two years expiring June 1, 1998." -and- "That Mr. William Kennaley be appointed to the Grand River Hospital Board of Trustees for a term of three years expiring June 1, 1999." The above appointments were Carried Unanimously. 13. Committee of Adjustment - Municipal Code, Chapter 630 (Fence) - FOREST WARD It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of May 7, 1996, recommending approval of Submission No. F 1/96 - Paul and Valerie Lyon - Be Ratified and Confirmed." 14. Tenders The tenders were dealt with under Delegations. COUNCIL MINUTES MAY RI, 1996 - ~33- CITY OF KITCHENER COUNCIL MINUTES MAY ~1, 1996 - ~33- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES MAY 21, 1996 - 233 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 15. Monte Carlo Event It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the K- W Minor Lacrosse, 389 Shallmar Court, Waterloo, N2K 2G6, to conduct a Monte Carlo event at the Holiday Inn, 30 Fairway Road South, Kitchener, on June 18-20, 1996, inclusive." 16. Refreshment Stand Licence It was resolved: "That the King and Belmont Community Association be granted permission to operate a refreshment stand, outdoors, in Gildner Green, corner of Glasgow Street and Eden Avenue, Kitchener, on June 1, 1996, provided that the necessary Licence and Health and Fire approvals are obtained." 17. Raffle Lottery It was resolved: "That the City of Kitchener has no objection to a Provincial Licence being issued to the Rotary Club of Kitchener-Conestoga to conduct a series of 'Early Bird' draws in conjunction with a 'Dream Home' Raffle Lottery during the period of September 1996 through to January 1997, on the following dates: Friday, Friday, Friday, Friday, Friday, October 18, 1996; November 1, 1996; November 15, 1996; November 29, 1996; December 13, 1996, in the City of Kitchener with the draws to be held at the Club's office at 451 Ottawa Street, Kitchener." 18. Aqreements - IPCF Properties Inc. The Committee was in receipt of a report dated May 21, 1996 from Mr. J. Shivas dealing with the City purchase of lands adjacent to the Highland Hills Mall for a Community Centre and Fire Hall from IPCF Properties Inc. It was noted in the report that the City's offer has been accepted by IPCF subject to two changes. The first deals with a separate agreement to assist IPCF in its dealings with Revenue Canada to obtain tax deductibility for its donation to the City. The second deals with a restrictive covenant added by IPCF to the agreement of Purchase and Sale to bind the subject property and prevent the City from conducting commercial land uses which would compete with its adjacent shopping mall. Also IPCF is agreeable to a revision to the covenant to provide the City with a broad exemption for a wide range of activities that can take place in the Community Centre and Fire Hall. COUNCIL MINUTES MAY 91, 1996 - 934- CITY OF KITCHENER COUNCIL MINUTES MAY 91, 1996 - 934- CITY OF KITCHENER It was resolved: REPORTS ADOPTED BY COUNCIL "That the Mayor and Clerk be authorized to execute an agreement dated April 22, 1996 with IPCF Properties Inc. respecting its tax deductible donation of $250,000 towards the City's purchase of Part of Block A, Registered Plan 1384 from IPCF for a Community Centre and Fire Hall; and further, That the City agrees to a restrictive covenant in favour of IPCF upon such lands, as revised and added to the agreement of purchase and sale executed by the City on January 15, 1996."