Loading...
HomeMy WebLinkAboutCouncil Minutes - 1996-07-02COUNCIL\1996-07-02 J U LY 2, 1996 COUNCIL MINUTES CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillor G. Lorentz. The meeting began with the singing of "O Canada" by Ms. Kristin Heffner of King School of Vocal and Dance. Councillor K. Redman thanked Ms. Heffner for her rendition of the National Anthem. On motion by Councillor Jake Smola, the minutes of the regular meeting held on June 17, 1996, and special meetings held June 17 and 24, 1996, as mailed to the Mayor and Councillors, were accepted. A. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (a) Letter from the Association of Municipalities of Ontario, responding to Council's resolution of June 3, 1996 dealing with Municipal Liability Claims. (b) Letter from the Honourable Norman W. Sterling, Minister of Consumer and Commercial Relations, responding to City Council's resolution of April 22, 1996, regarding the Province's amendments to the Liquor Licence Act and the Liquor Control Act which allows the serving of alcohol until 2 a.m. B. COMMUNICATION REFERRED TO COMMITTEE OF THE WHOLE - (a) Letter from Mr. R.W. Pritchard, Commissioner of General Services & City Clerk, respecting applications for cancellation, refund, reduction or levy of taxes - July 2, 1996 Hearing. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation to answer any questions regarding the tender listed on the Committee of the Whole agenda of this date. Moved by Councillor John Smola Seconded by Councillor T. Galloway "That tender T96-13, Shanley Street Reconstruction (Andrew Street to Moore Avenue), be awarded to Sierra Construction (Woodstock) Limited, Woodstock, Ontario at their corrected tender price of $332,037.91 (including G.S.T. and P.S.T.)." Carried. Mr. Heinz Karrenbrock appeared as a delegation in opposition to Clause 6 of the Planning and Economic Development Committee report of this date approving the demolition of 530 King Street East. He stated that demolition was poor planning and would result in additional on-street parking to accommodate the use proposed in the former Dalton Insurance building. Mr. Karrenbrock referred to a recent decision of the Committee of Adjustment regarding this property before the proposed use was slightly revised and pointed out that the Committee had refused a variance application to reduce the parking requirement on the basis that the variance was not minor and was not desirable for the appropriate development of the property. He suggested that there was a double standard being applied as, in his view, City Hall were promoting development of this property but in other developments requiring that parking requirements be met. He was also of the view that approval of the demolition would increase pollution levels originating from the expanded parking lot that would impact on him and his wife. Mr. Karrenbrock acknowledged that he had requested the applicants to consider purchasing his property and also noted that the 93 persons who signed the petition he presented to the Planning and Economic Development Committee had signed the petition on their own accord. He then commented on the expansion of the number of vehicle parking spaces and the change of the proposed use of the former Dalton property from health office to health plaza relating to the parking requirement. Using the overhead screen, he illustrated truck parking taking place adjacent to his property and pollution from such trucks as a result of the truck rental firm operations opposite his property. He also illustrated pictures of properties in Germany that illustrate how dwellings are preserved when used for purposes other than residential. Councillor K. Redman inquired if Mr. Karrenbrock was willing to work with the applicant to address any of his concerns in respect to the parking lot and he advised that he would. Mr. Paul Britton appeared as a delegation along with the applicant to express support for the Committee recommendation. He confirmed that a meeting had been held with Mr. and Mrs. Karrenbrock last week JULY 2, 1996 COUNCIL MINUTES - 279- CITY OF KITCHENER and that his client was committed to working with the Karrenbrocks to address their concerns. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That Clause #6 of the report of the Planning and Economic Development Committee of this date be adopted." Carried. Mr. J.J. Kelly appeared as a delegation on behalf of James and Barbara Pincott in respect to Clause #3 of the report of the Planning and Economic Development Committee and which recommends refusal of a demolition application for the property known municipally as 381 Pioneer Tower Road and Clause #1 of the Local Architectural Conservation Advisory Committee report which recommends that the same property be designated under the Ontario Heritage Act. He advised that he was opposed to both Committee recommendations. Mr. Kelly referred to the last paragraph on Page 95 of the June 24th Planning and Economic Development Committee minutes and stated that the procedural delay to protect the home as long as possible was not a good excuse to refuse the demolition application. He noted that the house and barn were too costly for the owners to maintain and confirmed that no party has any holding on the lands other than owners. He stated that the $94,000.00 cost to bring the property up to standard, as referred to in the report, was significantly under-estimated and advised that the owners cannot afford the improvement costs and simply want demolition of the home so as to facilitate retaining ownership of the lands. He stated that the appearance of the house is not aesthetically pleasing and that denial of the demolition and approval of the heritage designation represent confiscation without any form of compensation. Councillor T. Galloway advised that the City, as a matter of policy, did not purchase heritage properties and questioned if the Pincotts were still living on the property to which Mr. Kelly advised that was the case. In response to further questions, Mr. Kelly advised that the owners could not spend another winter in the house but were fearful of liability in leaving it vacant and were not in active negotiations to sell the property. Councillor M. Wagner advised that the Local Architectural Conservation Advisory Committee and Kitchener City Council had a responsibility to protect heritage buildings and that this property was considered one of the most important in Waterloo Region. Mr. Kelly advised that he was aware of what the staff report states and suggested that just because the dwelling was located near the Pioneer Tower should not have any bearing on the request for demolition. Councillor Wagner stated that 6 reasons against demolition were outlined in the staff report and it was his view that any 1 or 2 of the reasons would be adequate reason to protect the property. In addition, he made reference to a letter dated June 28, 1996 from S. Thorsen distributed this date which supports refusal of the demolition permit based on a resolution adopted by the Regional Heritage Planning Advisory Committee. Councillor J. Ziegler pointed out that the demolition control procedure just delays the issue for 180 days and that the object was to allow for alternatives other than demolition to be considered. He noted that the delay procedure was the only power the City had in this matter. Councillor Ziegler suggested that Mr. Kelly's client consider a severance of the house and barn to attract purchaser interest. In response to Councillor K. Redman, Mr. Leon Bensason that the $94,000.00 cost estimate had been provided by the Building Inspector as the expenditure necessary to bring the property up to accepted standards in terms of such things as wiring and insulation, etc. Councillor T. Galloway acknowledged the temporary measures of the City in respect to this matter and pointed out the example of an adjacent property whose owners did not want to designate the property but that through a developer designation could be achieved. Councillor M. Yantzi referred to the example of the delay in respect to the demolition of Victoria School as being instrumental in preserving the building while an alternative proposal was developed. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That Clause #3 of the report of the Planning and Economic Development Committee of this date be adopted." Carried. Councillor M. Wagner then referred to the recommendation of the Local Architectural Conservation Advisory Committee relative to designation of 381 Pioneer Tower Road and pointed out that a debate had taken place at the Committee as to whether the property should be designated now rather than waiting and risk accusation of being obstructionist. Mr. Leon Bensason presented the reasons for designation noting that the property was the first JULY 2, 1996 COUNCIL MINUTES - 280- CITY OF KITCHENER permanent settlement in the area. Slides of the house and barn were shown that illustrate them to be in very good structural condition. Mr. Bensason pointed out that the immediate area of the subject property was unique and that an adjacent property had been successfully saved and there was no reason why such success could not be duplicated in respect to 381 Pioneer Tower Road. Moved by Councillor M. Wagner Seconded by Councillor T. Galloway "That the report of the Local Architectural Conservation Advisory Committee be adopted." Carried. Mr. Jim McConnell, BLM Distribution Systems, was registered as a delegation to oppose Clause #1 of the Planning and Economic Development Committee report dealing with Berkshire Building Corporation, Site 84A. However, the delegation did not attend the meeting to make a presentation. Mr. Michael Carty appeared as a delegation in support of Clause #1 of the Community Services Committee report dealing with a Cultural Strategic Plan for Kitchener. Councillors T. Galloway and V. Vrbanovic expressed appreciation to Mr. Carty and Councillor M. Wagner for their efforts in respect to this matter. Moved by Councillor T. Galloway Seconded by Councillor B. Vrbanovic "That Clause #1 of the report of the Community Services Committee of this date be adopted." Carried. Mr. John MacDonald appeared as a delegation in regard to a memorandum dated June 28, 1996 from Ms. L. MacDonald, distributed this date, which relates to an encroachment request for 20 King Street East. Mr. MacDonald noted that the proposal related to facade improvements that would encroach approximately 4 feet over the road allowance. Moved by Councillor J. Ziegler Seconded by Councillor K. Redman "That, subject to the issuance of a sign permit, the Mayor and Clerk be authorized to execute an encroachment agreement, satisfactory to the City Solicitor, to permit the construction of a new facade on the building located at 20 King Street East, a portion of which will encroach four (4) feet, more or less, over the King Street East road allowance." Carried. Mr. Michael Scott appeared as a delegation to express concerns about the mosquito problem this summer affecting residents of Rennie Drive, in that many residents are unable to enjoy the use of their property. He questioned the rationale of the City permitting weed spraying but objecting to a spraying program to control mosquitos. Mr. Scott maintained there was a risk of disease from mosquito bites that could not be ignored. He also suggested that the reasons given by staff for opposing a mosquito spraying program were actually "red herrings" and also stated that the mosquito problem has been aggravated by man-made wetland areas that were formerly natural areas. Councillor B. Vrbanovic commented that he saw the issue in the context of two main problems with the first being concern respecting the wetlands surrounding Idlewood Bush and the second being a spraying program. He questioned what the delegation was advocating and Mr. Scott replied he advocated the discretionary use of sensible spraying to balance issues of risk and gain. In response to Councillor Jake Smola, Mr. Scott advised that the health risk was an unknown factor. Councillor M. Wagner pointed out that, in his experience, the mosquito problem existed all over the City and was every bit as bad in every other municipality. In response to Councillor C. Weylie, Mr. Scott suggested that it will be necessary to spray for mosquitos every year or re-engineer Idlewood Bush to remove it as a breeding ground for mosquitos. Ms. Toni Moutray appeared as a delegation to express concern over any spraying program to control mosquitos as outlined in her June 24, 1996 letter addressed to Mr. T. Clancy and circulated to members of Council. She stated that she was opposed to the program based on its cost as well as the JULY 2, 1996 COUNCIL MINUTES - 281- CITY OF KITCHENER environmental effects such program would have. Councillor B. Vrbanovic noted the concern of Mr. Scott with regard to drainage of Idlewood Bush and requested that Messrs. T. Clancy and S. Gyorffy look into the matter. Mr. Gyorffy advised that River Road was constructed approximately 25 years ago and that culverts were provided to drain the area, however, a large section of this area of River Road is absolutely flat and that, at the time of construction, the best engineering practices were used. Mr. T. Clancy advised that River Road cuts through a bog and that staff have completed a woodland inventory of the effects and dieback that has taken place. He noted that the east side of the road has done well, whereas the west side has not. Further, he pointed out that the water table is higher than normal. Councillor B. Vrbanovic questioned if a detailed study of the drainage taking place on the west side should be conducted. Mr. Gyorffy replied that Idlewood Creek was extremely shallow and was in close proximity to the rear yards of properties on Rennie Drive and he was doubtful the situation could be improved for residents. Mr. T. Clancy commented that the mosquito problem was prevalent across the City and across North America this year. In response to Councillor K. Redman, Mr. Clancy advised that he was not aware of any communities in Ontario that were conducting a routine spraying program. He suggested that spraying was limited to homeowners doing so at will. Councillor B. Vrbanovic noted that he had researched the issue and had found that only Winnipeg and Edmonton were municipalities conducting a mosquito spraying program. In the case of Winnipeg he pointed out that it was because of particular soil conditions in that part of the country that brought the spraying program about, however, the Manitoba Provincial Government is becoming more and more concerned about the effects of the Winnipeg spraying program. Councillor B. Vrbanovic indicated that he would like to put forward a motion to take no action on a spraying program but request staff to investigate the drainage conditions with respect to Idlewood Bush. Councillor Jake Smola stated that would he support such a motion. Councillor T. Galloway pointed out that the Environmental Committee has dealt with the issue of pesticides and herbicides in the past and noted that, if Council was to support a mosquito spraying program, it would be inconsistent with its Environmental Strategic Plan. Councillor Vrbanovic indicated that his purpose was to confirm that conditions were consistent with the anticipated outcome after the River Road widening but that if things were not then it may point to the need to investigate further the impact on the well being of the Idlewood Bush E.S.P.A. Moved by Councillor B. Vrbanovic Seconded by Councillor Jake Smola "That no action be taken by the City of Kitchener with respect to initiation of a spraying program to control mosquitos, and further, That staff be requested to report at the August 6th Public Works and Transportation Committee on the drainage conditions and effect on Idlewood Bush." 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." Councillor T. Galloway referred to Clause #1 of the report and questioned the recommendation as it relates to the Berkshire Building Corporation ownership of Site 84A and the balance between initiating re- purchase for failure to build or approving extension to construct buildings. Ms. V. Gibaut reviewed the history of the site and the interest in it of another company. Mr. T. McKay commented that the intent of Councils re-purchase policy was to prohibit property speculation and when the policy is applied against the existing owner it is clear that a company does not engage in speculation. The report was then put to a vote. Voted on clause by clause. Clause #3 & #6 - Dealt with under delegations and Carried. Balance of Report - Carried. JULY 2, 1996 COUNCIL MINUTES - 282- CITY OF KITCHENER Moved by Councillor T. Galloway Seconded by Councillor B. Vrbanovic "That the report of the Community Services Committee of this date be adopted." Councillor Jake Smola referred to Clause #2 of the report dealing with issues related to City Hall rental functions and expressed the view that he thought other departments should have been involved in the recommendation under consideration. Accordingly, he suggested that the item should be deferred and referred back to the Committee with a request that departments with an interest in the matter undertake further discussion and consider alternate solutions. It was suggested that Councillor Jake Smola was asking for a major re-thinking of how operations are conducted but that the recommendation was to address operational issues. It was acknowledged that certain functions had not been addressed as smoothly as would be desired as a result of very specific requirements. Mr. T. McKay indicated that staff could investigate the needs of user groups and a report be prepared for consideration by Management Committee that would review the process as to hosting operations and costing of events taking place at City Hall. 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 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 Jake Smola, it was agreed to revise the report to add an additional Clause #4 dealing with a Memorandum of Settlement with C.U.P.E. Local #791, as discussed at an in-camera meeting held this date. Councillor T. Galloway stated that he was opposed to the principle reflected in Clause #2 of the report for two reasons. Firstly, reserve funds were appropriate for known future expenses and secondly, establishment of a reserve fund sends a wrong message to the Provincial Government and would only encourage their intent to proceed with additional reduction of grant funding to municipalities. Councillor J. Ziegler stated that he did have some concern with the clause but noted that only a report was being asked for at this time. Councillor M. Wagner stated that he was opposed to the clause as being unfair to the taxpayer. Other Councillors expressed support that Clause #2 reflected good financial planning. The report was then put to a vote. Voted on clause by clause. Clause #2 - Carried. 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." Councillor T. Galloway referred to Clause #7 of the report and on motion by Councillor Galloway, seconded by Councillor John Smola, it was agreed to amend Clause #7 to remove the words "above mentioned project" and insert in place thereof the words "Stonegate Watercourse, Erosion Control and Slope Stabilization project". The report was then put to a vote. Voted on clause by clause. JULY 2, 1996 COUNCIL MINUTES - 283- CITY OF KITCHENER Clause #7 - Carried, As Amended. Balance of Report - Carried. Councillor J. Ziegler referred to a City of Waterloo draft report on transit issues that had been circulated to Council. He suggested the report should be referred to the Public Works and Transportation Committee for its consideration of setting up a Committee to analyse the issues. Mayor R. Christy advised that the intent was that transit staff and the 2 Chief Administrative Officers of the Twin Cities address the issues in the report. Mr. T. McKay advised that the report was based on information that the City of Kitchener provided and that a meeting has been scheduled with the consultant to discuss the report following which input will be provided to the City of Waterloo before the City of Waterloo takes any action. Councillor Jake Smola raised the issue of water shut-off valves to homes in the Misty Crescent area. He asked for a report on whether the shut-off valves were installed to City standards and questioned why property owners were being asked to bear the costs of rectifying problems if the valves were not installed to City standards. Councillor T. Galloway advised that the Homer Watson Boulevard widening project is to be completed within 2 weeks and that an official opening at the new Huron Road interchange was planned for 9:30 a.m. on July 17, 1996. Councillor T. Galloway referred to the ongoing planning process in the Pioneer Tower West area and advised that there has been considerable progress in respect to existing concerns, however, he advised that the Grand River Conservation Authority, as a landowner, has now entered into the process and intends to refer their lands to the Ontario Municipal Board without any consultation with City staff and without making any applications. Mr. T. McCabe commented that representatives of the G.R.C.A. have been part of the Technical Review Committee considering the Pioneer Tower West planning applications and that the G.R.C.A. in effect was two hats at the table, one as an agency responsible for providing its comment and the other as a landowner with interests in the area. He noted that, to date, the G.R.C.A. has not shown any active interest in development of its lands. Councillor B. Vrbanovic, as City representative on the G.R.C.A., advised that he was surprised at their actions and felt they were somewhat irresponsible on this issue. He suggested it was appropriate for the G.R.C.A. to file required applications but it was not appropriate for another public body to circumvent the planning process. However, he indicated that it was his understanding they now intend to make application for a Municipal Plan Amendment. Councillor B. Vrbanovic provided an update with respect to Kiwanis Park and advised that with the progress being made currently it was hoped the park would open about July 13th. Mayor R. Christy proposed that Council hold a meeting to respond to the Region of Waterloo on governance issues and it was generally agreed that the afternoon of August 12th be set aside to deal with this matter. It was acknowledged that the Ward boundary issue may fall into discussion of governance but, in any event, any necessary by-law could be passed on August 12th. Mr. R.W. Pritchard advised that, if in the 3rd week of August, the Region of Waterloo decided on a course of action that was inconsistent with Kitchener City Council's position then a problem may have to be addressed. Councillor J. Ziegler suggested that any decision be held back from the Province until the Region acts. Mr. R.W. Pritchard advised that there is has been no movement by the Ontario Municipal Board or by the Provincial Government to relax required deadlines that are currently being worked toward. He noted that a full page ad had been placed in the edition of Kitchener This Week regarding the special Council meeting on August 6th and a copy of the advertisement has been sent to all community associations. Mayor R. Christy advised that he had recently attended the 49th Annual Conference of the Canadian Water Resources Council and that he had made every effort to use his office to build bridges with municipally elected officials in Quebec. Moved by Councillor T. Galloway Seconded by Councillor M. Wagner "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to exempt certain lots from Part Lot Control - Lot 23, Registered Plan 1786 - Newbury Drive JULY 2, 1996 COUNCIL MINUTES - 284- CITY OF KITCHENER (b) Being a by-law to exempt certain lots from Part Lot Control - Lots 3 & 11, Registered Plan 1799 -Briarfield Street (c) Being a by-law to authorize the carrying out of the provisions of Chapters 650 and 665 of the City of Kitchener Municipal Code with respect to Part of Lot 204, of Grange's Survey, Registered Plan No. 374, City of Kitchener, Regional Municipality of Waterloo, municipally known as 42 Ellen Street West, Kitchener (d) To confirm all actions and proceedings of the Council (e) 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 (f) 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 (g) To further amend By-law No. 88-169 being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (h) Being a by-law to adopt Amendment No. 3 to the Municipal Plan - Courtland-Sterling Investments Ltd. - 248 Stirling Avenue South (i) Being a by-law to amend By-law 85-1 - Courtland-Sterling Investments - Stirling Avenue South-No. 96/07/S/PMB 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 Jake Smola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. Moved by Councillor Jake Smola Seconded by Councillor T. Galloway "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 T. Galloway Seconded by Councillor M. Wagner "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to close and sell Part of Fairway Crescent (formerly Woolner Drive) shown as Parts 7, 8 & 9, Reference Plan 58R-10183, in the City of Kitchener (By-law No. 96-94) (b) Being a by-law to exempt certain lots from Part Lot Control - Lot 23, Registered Plan 1786 - Newbury Drive (By-law No. 96-95) (c) Being a by-law to exempt certain lots from Part Lot Control - Lots 3 & 11, Registered Plan 1799 -Briarfield Street (By-law No. 96-96) (d) Being a by-law to authorize the carrying out of the provisions of Chapters 650 and 665 of the City of Kitchener Municipal Code with respect to Part of Lot 204, of Grange's Survey, Registered Plan No. 374, City of Kitchener, Regional Municipality of Waterloo, municipally known as 42 Ellen Street West, Kitchener JULY 2, 1996 COUNCIL MINUTES - 285- CITY OF KITCHENER (e) (f) (g) (h) (i) (J) (k) To confirm all actions and proceedings of the Council (By-law No. 96-97) (By-law No. 96-98) 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. 96-99) 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. 96-100) To further amend By-law No. 88-169 being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (By-law No. 96-101 ) Being a by-law to adopt Amendment No. 3 to the Municipal Plan - Courtland-Sterling Investments Ltd. - 248 Stirling Avenue South (By-law No. 96-102) Being a by-law to amend By-law 85-1 - Courtland-Sterling Investments - Stirling Avenue South-No. 96/07/S/PMB (By-law No. 96-103) Being a by-law to alter parts of Water Street South formerly known as Frank's Lane, and Homewood Avenue, in the City of Kitchener (By-law No. 96-104) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned. MAYOR CLERK PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - That a blanket extension of Clause 2(b) of the Offer to Purchase to July 1, 1997 be granted to the following purchasers of land in Huron Business Park which have not constructed buildings to date: Site 84A Site 95 Site 109 Site 113 Site 114 Berkshire Building Corporation Joe Sukola, KSK Framing Matt Strgar and Mario Tomac Leenan Property Management Leenan Property Management That the City's standard Offer to Purchase for Lands in the Huron Business Park - Phase III be amended in accordance with the details outlined in the report dated June 20, 1996 from the Economic Development Division. That Demolition Control Application DC 96/3/P/RM (James & Barbara Pincott) requesting approval for the demolition of single detached dwelling and barn located at 381 Pioneer Tower Road legally described as Part Lot 11, Beasley's Broken Front Concession be refused. It is the opinion of this Committee that refusal of this application is proper planning for the City. (Dealt with under delegations and Carried.) That Kitchener Council support an extension to the deadline of fulfilling conditions of approval for Zone Change Application 95/5/DNL (Minjay Holding Ltd -4 Dodge Drive) to October 14, 1996. 5. That PD 96/57, 530 - 550 King Street East (John Peever), be received for information. That Demolition Control Application DC 96/4/K/RM (Maria Peever In Trust) requesting approval for the demolition of single detached dwelling located at 530 King Street East legally described as Part Lot 1, Registered Plan 100 be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. (Dealt with under delegations and Carried.) That the recommendations contained in Planning & Development Staff Report PD 95/125 (Public Participation and Alternative Dispute Resolution in the planning process - a procedural review) as revised, be approved as outlined below: That all previous Council Policy's related to public participation be rescinded including Policy Number 1-700 "Notice of Public Meetings"; Policy Number 1-705 "Public Notification Signs - Zone Change/Official Plan Amendment"; and Policy Number 1-710 "Public Notification - Zone Change & Official Plan Amendments" and be replaced with the following comprehensive policy: Public Participation in the Planninq Process That City Council adopt the following policy in respect to dissemination of information to and involvement by the public relative to applications for Zone Changes and Municipal Plan Amendments and for new Plans of Subdivision: PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 7. Cont'd "That in respect to City Initiated Zone Changes and Municipal Plan Amendments which have the effect of broad policy or contextual changes, no preliminary circulation be undertaken. In these cases, the proposed changes shall be referred to the appropriate body for review (ie. K-W Homebuilders, Development Industry, Neighbourhood JULY 2, 1996 COUNCIL MINUTES - 287- CITY OF KITCHENER COUNCIL MINUTES JULY 2, 1996 - 287- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Associations etc.) as deemed appropriate by the Department of Planning and Development. Notice of such text or policy changes shall continue to be advertised in the appropriate newspaper in accordance with applicable Provincial legislation. Preliminary circulation shall be undertaken for all city initiated Municipal Plan Amendments and Zone Changes which are site specific and affect only a small defined area of land. All city initiated Municipal Plan Amendments and Zone Changes on private property and Zone Changes for removal of Holding By-laws dealing only with services and roadworks shall be exempt from signage requirements." That in respect to Site Specific or Proponent Initiated Zone Changes or Municipal Plan Amendments, the following process be followed: a) The Department of Planning and Development be directed to process all applications received for Municipal Plan Amendments unless, in the opinion of the General Manager of Planning and Development, the proposed amendment is considered inappropriate for processing in which case, a request to refuse the application shall be submitted to and considered by City Council; b) That notice of the receipt of an application for either a Municipal Plan Amendment or Zone Change be circulated to all property owners within 120 metres of the property subject to the application(s) and appropriate groups and agencies (ie. Neighbourhood Associations) in the form of a preliminary circulation letter generally explaining the nature of the proposal, including all permitted current and proposed land uses and the required legal changes with respect to land use designations and zoning. Every effort shall be made to use 'plain language' in the drafting of the letter so as to enable the public to generally understand the proposal that is being considered. Preliminary circulation shall not be required in the following general circumstances unless the General Manager of Planning and Development determines that it may be appropriate: If the purpose of the application(s) is to recognize an existing situation which has not been the subject of complaint; ii) If the proposal results in a city wide text change to the Municipal Plan or Zoning By-law and is not property specific; iii) If the application(s) is required to implement a mediated settlement reached by all parties to the original proposal and dispute and which settlement will not have an unanticipated or additional effect on the adjacent properties or immediate neighbourhood; iv) Any other such circumstance where, in the opinion of the General Manager of Planning and Development in consultation with the Ward Councillor, preliminary circulation is seen to have little purpose or benefit. c) That the proponent be required to post a notice sign on the subject lands on all public street frontages advising of the application(s). Any proposal which is considered "major" development or redevelopment in the opinion of the General Manager of Planning and Development shall require a personalized notice sign PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 7. Cont'd to be provided and erected by the owner of the subject lands, and shall be prepared in accordance with the following: COUNCIL MINUTES JULY 2, 1996 - 288- CITY OF KITCHENER COUNCIL MINUTES JULY 2, 1996 - 288- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL All signs shall be constructed of metal or wood and shall be a minimum size of 1.2 meters X 1.2 metres (4 feet X 4 feet) and shall maintain a minimum ground clearance of 0.9 metres (3 feet). Portable signs shall not be permitted to be used for notification signs; ii) All signs shall consist of a white background with primarily black lettering, with red lettering being used only for specified highlighting; iii) All signs shall be consistent in content and shall include; proposed land use designation and zoning in general terms; a general description of the development proposal; the owners name; the application number(s); reference to the Department of Planning and Development and the related telephone number; and a key map. The content of the signs shall be subject to the approval of the Department of Planning and Development; iv) All sign locations shall be visible and unobstructed and shall be subject to approval by the Department of Planning and Development; v) All signs shall be maintained relative to structure and paint, said maintenance to be guaranteed by a letter of undertaking submitted by the owner to the Department of Planning and Development. All other proposals which are not considered "major" or "significant" shall require standard City issued notice signs. Where a 'major' or 'significant' proposal has more than one street frontage only one personalized notice sign shall be required, said sign to be erected on the major street frontage as determined by the Department of Planning and Development. Standard city issued zone change notice signs may be used for all other street frontages. All required notice signs are to be erected immediately prior to or concurrently with the mailing of the preliminary circulation letter; d) That community information meetings be recognized as an effective and integral part of the planning process and that the Department of Planning and Development be authorized to arrange community information meetings in consultation with the Ward Councillor in the following circumstances; (i) In coordination with the preliminary circulation of a proposal, to be determined upon receipt of an application either for a Municipal Plan Amendment or Zone Change, where it is believed that the proposal is complicated or controversial and an information meeting at the front end of the process is deemed beneficial. Notice of such meetings in this instance will be included in the Department's preliminary circulation letter; or (ii) At the end of the preliminary circulation period where a number of issues and concerns have been raised through the circulation of the proposal; or (iii) At any stage of the process, prior to formal submission to Planning Committee, if new concerns or new information have been brought to light. All such meetings will be held within the neighbourhood subject to the proposal, where feasible. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 7. Cont'd JULY 2, 1996 COUNCIL MINUTES - 289- CITY OF KITCHENER COUNCIL MINUTES JULY 2, 1996 - 289- CITY OF KITCHENER e) REPORTS ADOPTED BY COUNCIL Where issues are raised through responses to the preliminary circulation letter or at a community information meeting, staff of the Department of Planning and Development be instructed to attempt to resolve all issues before a public meeting is advertised and held by Planning and Economic Development Committee. In this regard, the Department of Planning and Development is encouraged to use mediation or other forms of Alternative Dispute Resolution to resolve the issues; f) That all staff reports pertaining to Municipal Plan Amendments and Zone Change Applications, for consideration by Planning and Economic Development Committee be finalized and signed prior to the giving of notice for a Public Meeting in the newspaper. Specifically, no authorization for the placement of notice advertisements be given until reports are completed and signed; g) The staff reports pertaining to Municipal Plan Amendments and Zone Changes, be mailed to all those persons who responded to the preliminary circulation of the application(s) or attended any public meetings, together with a copy of the notice of the Public Meeting, at the same time as the placement of the Public Meeting advertisement in the newspaper; h) That the Department of Planning and Development be directed to mail notice of the Public Meeting together with the related staff report to all persons within 120 metres of the lands subject to the application(s) under the following circumstances: if preliminary circulation of said applications occurred in excess of 1 year previous to the date of the Public Meeting by Planning and Economic Development Committee; or ii) if, in the opinion of the General Manager of Planning and Development or the Ward Councillor, there was significant interest demonstrated by the residents of the neighbourhood in which the proposal was located; or iii) if significant new development has occurred in the area of the application(s) in which case a updated list from the Property Data Base computer file of all property owners within the 120 metre (400 feet) circulation area shall be obtained. Said list shall be checked against the original preliminary circulation list and all new owners appearing thereon together with all others responding from beyond and within the circulation area shall be mailed a copy of the staff report and notified of the date and time of the Public Meeting to be held by the Planning and Economic Development Committee; i) Should an appeal be lodged to the Municipal Plan Amendment or Zoning By-law, the Department of Planning and Development be directed to attempt to resolve the appeal through acceptable Alternative Dispute Resolution procedures, where, in the opinion of the General Manager of Planning and Development, it is felt such efforts would be effective. That with respect to the development of new plans of subdivision, after draft approval has been granted by the appropriate approval authority, the following requirements be satisfied: a) That at the time of registration of the Plan of Subdivision, the Subdivider agrees to erect and maintain a billboard sign(s) at each major entrance to the subdivision, as identified by the Department of Planning and Development, in accordance with the following criteria; PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 7. Cont'd JULY 2, 1996 COUNCIL MINUTES - 290- CITY OF KITCHENER COUNCIL MINUTES JULY 2, 1996 - 290- CITY OF KITCHENER b) c) d) e) f) REPORTS ADOPTED BY COUNCIL · Graphics shall depict the features within the including approved street layout, zoning, lotting parks, storm water management areas, Ontario walkways, notification regarding contacts for measures, environmentally sensitive areas, tree limits of the plan of subdivision and specific land uses, types of Hydro Corridors, trail links and school sites, noise attenuation protection measure areas, water courses, flood plain areas, railway lines, hazard areas etc. and shall also make general reference to land uses on adjacent lands including references to any formal development applications all to the satisfaction of the General Manager of Planning and Development; · Billboard signs shall be located in areas conveniently accessible to the public for viewing. Landscaping and site works may be required between the sign location and public roadway in order to provide convenient accessibility for viewing; · The Subdivider agrees to maintain the billboard signs in approved locations or subsequent locations to the satisfaction of the General Manager of Planning and Development. The Subdivider agrees that such billboard signs shall be maintained in locations and on lands which may be under its title or under the title of its heirs, successors or assigns until the development of seventy-five percent complete; · The Subdivider shall ensure that the information is current as of the date of subdivision approval. Notice shall be posted on the billboard sign advising that some of the information on the plan may not be current and for updated and accurate information enquiries should be made at the City's Department of Planning and Development. That the Subdivider agrees to make a Grading Control Plan available for the subject lands to all relevant builders and prospective purchasers prior to building permits being issued, in accordance with the provisions contained within the standard residential subdivision agreement; That the Subdivider shall be responsible for distributing to prospective purchasers the land use plan for the neighbourhood in which the subdivision is located which is current as of the date of subdivision approval, including any application(s) for development on the subject or adjacent lands. Notice shall be attached advising that the plan may be subject to change and for updated information, enquiries should be made at the City's Department of Planning and Development. That the Department of Planning and Development be directed to prepare composite maps for each neighbourhood which has a significant amount of new subdivision development or the potential to have a significant amount of new development showing all newly registered, draft approved and formally submitted plans of subdivision. These composite maps shall be available from the Department of Planning and Development and each new subdivision development which has a model home or central sales office shall post such composite map in an area accessible for public viewing and shall make copies available to prospective purchasers. That the City standard Subdivision Agreement be modified to reflect the requirements contained in clauses a), b), c) and d) above. That the Department of Planning and Development continue to have ongoing discussions with the Kitchener-Waterloo Home Builders Association Liaison Committee and the Real Estate Industry for the purpose of developing and improving methods for providing information to new home buyers. JULY 2, 1996 COUNCIL MINUTES - 291- CITY OF KITCHENER COUNCIL MINUTES JULY2, 1996 - 291- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 7. Cont'd That City Council supports the use of Alternative Dispute Resolution in the resolution of issues related to planning applications and development proposals. In this regard, the following guidelines relative to Alternative Dispute Resolution is recommended: a) In the event of a dispute, staff of the Department of Planning and Development be directed to attempt to resolve outstanding issues through the use of alternative dispute resolution methods; b) In those instances where staff of the Department of Planning and Development are not accepted as being an objective party in the dispute, consideration shall be given to using external mediation services. c) On an interim basis, external mediation services shall be funded from the Department of Planning and Development's existing budget under an account reserved for OMB/Regional Fees. In this regard, the General Manager of Planning and Development be authorized to over expend this $4,600.00 account to a maximum of $2,000.00 in 1996 if required. In order to sustain mediation as a long term initiative, the Department of Planning and Development be directed to review various alternatives for funding external mediation services as part of its overall review of fees for the 1997 budget." That in consultation with the Ward Councillor, each Neighbourhood/Neighbourhood Association within the City of Kitchener be encouraged to develop a 'Neighbourhood Development Committee' similar to that which currently exists in Stanley Park, or that a representative from each Neighbourhood be selected to be responsible for planning and development issues within their appropriate neighbourhood. That no formal policy or procedural changes be initiated relative to requirements included in Bill 163 in recognition of the proposed revisions being introduced through Bill 20. That the Department of Planning and Development be directed to review their entire letter and report structure including content presentation and maps in order to ensure that all planning documents are more reader friendly and continue to maintain legally required information. That the Department of Planning and Development be further instructed to prepare a citizens guide to understanding and participating in planning their neighbourhood. That City Council issue instructions to the City Clerk to advertise the two vacant positions on the Safe City Committee for the term ending November 30, 1996. COMMUNITY SERVICES COMMITTEE - That Council receive, for discussion and consideration for approval, in principle, the recommendations contained in the document "CulturePlan: A Cultural Strategic Plan for Kitchener", and further, That Council recognize, through an appropriate manner, and commend the dedication and leadership provided by members of the Arts and Culture Advisory Committee, under the Chairmanship of J. Michael Carty, in developing and managing the process resulting in CulturePlan. (Dealt with under delegations and Carried.) 2. That the Parks and Recreation Department review the possibility of training and utilizing existing JULY 2, 1996 COUNCIL MINUTES - 292- CITY OF KITCHENER COUNCIL MINUTES JULY2, 1996 - 292 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL part time, departmental staff for customer service support and light custodial requirements at City Hall rental functions, with the costs to be absorbed as part of the rental fee, and further, COMMUNITY SERVICES COMMITTEE - (CONT'D) 2. (Cont'd) That if it is not possible to utilize existing staff, appropriate steps be taken to hire a dedicated team that could be scheduled, as needed, with costs being absorbed as part of the rental fee, and further, That the base rental rate of $53.50 for the Rotunda be retained. That Market Hall rentals at Kitchener Farmers' Market be discontinued effective January 1, 1997, and further, That the upper level of the market be allocated to the sole use of the Farmers' Market vendors for permanent displays. That we approve the request for disaster relief financial assistance from the Township of South Dumfries in the amount of $1,000.00, to be taken from the General Provision Grant account. That Council request the Province, through appropriate Provincial bodies, to allow the establishment of washing facilities at the cremation site at Williamsburg Cemetery, and further, That the Legal Department investigate the legal implications of such services being introduced. That staff be directed to investigate the opportunity of developing a partnership regarding the creation of the crematorium/chapel for Williamsburg Cemetery. That we approve a grant, in the amount of $2,000.00, to assist with the cost of hosting the opening reception for the National Junior Baseball Championships to take place in the City of Kitchener in August 1996, and further, That we recommend, to the future Council, a $2,000.00 grant in support of the National Junior Baseball Championships in each of 1998, 1999 and 2000. That the City of Kitchener supports the bid to bring the 1999 (or beyond) Canadian Country Music Association Convention and Awards Show to the City of Kitchener, and further, That a $10,000.00 cash grant be allocated to the host committee to help off-set expenses should the Canadian Country Music Association award this event to the City of Kitchener. That we approve a grant, in the amount of $750.00, in 1996, to the Canadian Martyrs Parent Association, towards the construction of a new creative playground at Canadian Martyrs Separate School, in accordance with the City's policy governing playground equipment grants for community groups. 10. That we approve a grant, in the amount of $750.00, in 1996, toward construction of a new creative playground, at Alpine Public School, in accordance with the City's policy governing playground equipment grants for community groups. 11. That we support, in principle, the concept of Recycle Cycles locating in Downtown Kitchener, and further, That Facilities Management staff, in consultation with the Downtown Action Committee and other City departments, investigate possible locations for this group in the Downtown core. 12. That no action be taken on the request of the organizers of the "The Record International Track & JULY 2, 1996 COUNCIL MINUTES - 293- CITY OF KITCHENER COUNCIL MINUTES JULY2, 1996 - 293 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Field Competition" for a grant in-kind in the amount of $1,500.00 for facility rental and lighting at Centennial Stadium, for a two-day international track and field competition. COMMUNITY SERVICES COMMITTEE - (CONT'D) 13. That we approve the request of the Forest Hill T-Ball Association for an in-kind grant in the amount of $1,500.00 to cover the field rentals for the 1996 Canadian Open T-Ball Tournament, to be held in Kitchener from August 3 - 5, 1996. 14. That we acknowledge receipt of the letter from the interim Board of Directors of the Central Ontario Exhibition, dated June 12, 1996, in which they advise of their decision to dissolve, and further, That the assets of the Central Ontario Exhibition be transferred to the City of Kitchener prior to June 30, 1996, and further, That all funds accrued from the assets of the Central Ontario Exhibition be applied against their outstanding debt, with any remaining balance being transferred to the Capital Contingency Account, and further, That no action be taken, at this time, to sell the City owned property at 220 Ottawa Street South, pending an appraisal and a report from the Traffic and Parking Division on any possible improvements needed for the Ottawa Street entrance/exit to the Kitchener Memorial Auditorium. FINANCE AND ADMINISTRATION COMMITTEE - That the Kitchener-Waterloo Holocaust Education Committee be granted permission to hold bingos in the City of Kitchener on an ongoing basis, and further, That this matter be reviewed in six months, if the registration number from Revenue Canada is not submitted to the License Office of the City of Kitchener before that date. That staff draft a policy, for consideration by the Finance and Administration Committee, whereby a reserve fund would be established and an amount contributed in each year (beginning in 1998) toward offsetting Provincial block funding and thereby, over a period of time, reducing or eliminating municipal dependency on Provincial grants. That consideration of direction to staff relative to any proposed 1997 mill rate target be deferred pending receipt and consideration of the report on the City's core services. That City Council approve the terms and conditions contained in a Memorandum of Settlement dated June 20, 1996 in connection with the 1996-1999 Collective Agreement with C.U.P.E. Local 791, and further, That the Mayor and Clerk be authorized to execute any documentation arising therefrom. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That stopping be prohibited anytime on both sides of Natchez Road from Victoria Street to Carson Drive, and further, That stopping be prohibited anytime on both sides of Rothsay Avenue from Matthew Street to Natchez Road, and further, That stopping be prohibited anytime on both sides of Rothsay Avenue from Natchez Road to 30 Rothsay Avenue, Kenmar Incorporated, and further, JULY 2, 1996 COUNCIL MINUTES - 294 - CITY OF KITCHENER COUNCIL MINUTES JULY2, 1996 - 294 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That parking be prohibited on the east side of Rothsay Avenue from Matthew Street to Smetana Drive, from 8:00 p.m. to 2:30 a.m. daily, and further, That parking be prohibited anytime on both sides of Matthew Street from Rothsay Avenue to Sunrise Drive, and further, That the Uniform Traffic By-law be amended accordingly. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) That the design of the Downtown entrance sign comprising a masonry base with a bronze plaque containing an icon of the Clock Tower and the statement "Welcome to Downtown Kitchener", as presented to the Public Works and Transportation Committee on June 24, 1996, be approved, and further, That the estimated cost of $15,000.00 for the sign and installation be charged to the Downtown Capital Projects Account. That each crossing guard continue to be required to have a medical examination on an annual basis as a condition of employment, and further, That the costs incurred by said medical examinations be covered by the City, if and only if, the examinations are carried out in conjunction with Quotation Q95-19 at the Urgent Care Clinic, and further, That the 1996 Operating Budget be adjusted to reflect an overexpenditure of $2,650.00 to accommodate this additional expense. That the final payment of the City of Kitchener share of the Downtown Transportation Study in the amount of $24,431.20, be approved, and further, That these funds be taken from the General Downtown Improvement Account #345146. That City Council waive the consultant selection process and award the 1996 Duke and Ontario Garage Monitoring Program to Morrison Hershfield Ltd. That the City's normal selection procedure be waived and that the firm of Toten, Sims, Hubicki be retained to undertake a design for emergency repairs to walls in four locations on the Voisin Greenway at an upset cost of $20,000.00, and further, That total funding for engineering services and construction in the amount of $192,000.00 be allocated from surplus capital funding available under Index #855210, Breithaupt Street Reconstruction, for $82,000.00 and Index #855276, Dekay Street Reconstruction, for $110,000.00. That the City's normal consultant selection procedure be waived and that the firm of CH2M Hill Engineering Ltd. of Waterloo be retained to undertake the construction supervision and contract administration of the Stonegate Watercourse, Erosion Control and Slope Stabilization project; the upset limit of the consultant's fee will be approximately $35,200.00. (As Amended) That the following new price and conditions for the term pass be made available to the Waterloo Region Catholic School Board for September 1996, namely: PRICE: $35.00 per month TERM: Two five month term passes for students beyond 4.8 km. JULY 2, 1996 COUNCIL MINUTES - 295- CITY OF KITCHENER COUNCIL MINUTES JULY 2, 1996 - 295- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Two four month term passes for students between 3.2 km and 4.8 km. CONDITIONS: Not valid on weekends, after 6:00 p.m. on weekdays and, March and Christmas breaks. LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE - 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 LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE - (CONT'D) 1. (Cont'd) 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 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. (Dealt with under delegations and Carried.) COUNCIL MINUTES J U LY 2, 1996 - 296 - 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. Licenses It was resolved: "That the K-W Track & Field Association be granted permission to operate a refreshment stand on Civic Square on July 10, 1996, provided that the necessary Licence and Health and fire approvals are obtained; and further, That the WhyNot Marathon Committee be granted permission to obtain a Hawker & Pedlar Licence on July 10, 1996, at a reduced fee of $1.00." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Kitchener-Waterloo Symphony to conduct a Raffle Lottery in the City of Kitchener with the said draw to occur on April 5, 1997 at 101 Queen Street North, Kitchener." - and - "That the Central Frederick Neighbourhood Association be granted permission to operate a refreshment stand at Weber Park in Kitchener, on August 18, 1996, provided that he necessary Licence and Health and Fire approvals are obtained and that the nominal fee of $1.00 be charged; and further, That the City of Kitchener has no objection to a Liquor Licence being issued to the Central Frederick Neighbourhood Association and that this be considered a 'Community Festival' within Kitchener, providing that if a tent is erected, a Building Permit is obtained." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Lion Rampant Accordion Band Inc., to conduct a Monte Carlo event at the Army, Navy and Air Force Veterans Club, 2-408 Gage Avenue, Kitchener on August 12-14, 1996, inclusive; providing that all proceeds from this event are used for the non-adult members of the band." - 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 Edelweiss Tavern, 600 Doon Village Road, Kitchener, on August 16-18, 1996, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Waterloo Regional Synchronized Swimming Club, 223 Lakeside Drive, Kitchener, N2M 4C7, to conduct a Monte Carlo event at the Granite Club, 69 Agnes Street, Kitchener, on August 9-11, 1996, inclusive." COUNCIL MINUTES J U LY 2, 1996 - 297 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 2. Civic Celebration It was resolved: "That K-W Oktoberfest to be held on October 11-19, 1996, be designated as a Civic Celebration Event pursuant to Section 542.3 of the City of Kitchener Municipal Code and as a 'Community Festival' for Liquor Licence purposes." 3. Aqreement - Curlinq Hall of Fame Councillor T. Galloway questioned the nature of the change to the agreement with the Curling Hall of Fame and Museum Inc. for use of the City-owned building at 122 Frederick Street. Councillor M. Wagner pointed out that the organization has spent a considerable sum of money in renovating the building and wish some assurance of occupancy beyond a 10 year period. Mr. J. Shivas advised that Ms. D. Arnold had dealt with the matter and negotiated with the organization on its request an option to renew occupancy for a further 10 year term at the end of the 10 year term of the agreement. He itemized various issues that would be considered in terms of the option being exercised and it was noted that the option to renew was a negotiation process and that the matter could possibly go to arbitration if agreement was not reached. Councillor M. Wagner commented that the organization must meet the terms of the agreement for the City to consent to renewal of the lease after 10 years. It was resolved: "That further to Council's resolution of November 14, 1995 relating to an agreement with the Curling Hall of Fame and Museum Inc. to use the City-owned building at 122 Frederick Street, that such agreement provide the Licensee with an option to renew the agreement for a further ten year term at the end of the ten year term of the Agreement." 4. Minutes of Settlement On motion by Councillor K. Redman - It was resolved: "That a recommendation to execute Minutes of Settlement relating to the assessment appeal launched by 803310 Ontario Inc. and settled by the Regional Assessment Commissioner for Region No.21 and Tax Agents for 803310 Ontario Inc. was deferred to the August 12, 1996 Council meeting with a request that staff provide detailed information as to the case and the property in question." 5. Tender This item was dealt with under delegations. Committee of Adjustment Variance - Municipal Code, Chapter 680 (Si.qn) - VICTORIA PARK WARD Concern was expressed regarding the decision of the Committee of Adjustment respecting a sign application, Submission No. S 4/96, dealing with a sign at the MilI-Courtland Community Centre, 216 Mill Street. It was suggested that the decision should refer to the area of the proposed sign box containing inter-changeable letters which will be located below the existing sign. COUNCIL MINUTES J U LY 2, 1996 - 298 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D Committee of Adjustment Variance - Municipal Code, Chapter 680 (Si.qn) - VICTORIA PARK WARD (Cont'd) On motion by Councillor J. Ziegler - It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of June 18, 1996, recommending approval of Submission No. S 4/96 - The Corporation of the City of Kitchener, be amended to require that the extent of the area dimensions of the inter-changeable sign box be within the approved sign frame dimensions and that the decision, as amended, be ratified and confirmed." 7. AMO Larqe Urban Section -Appointment It was resolved: "That Councillor Berry Vrbanovic be appointed to serve on the Executive Committee of the Large Urban Section of the Association of Municipalities of Ontario for the 1996-1997 term." 8. Fire Department Dispatch It was resolved: "That Council authorize the Human Resources Division to proceed with offers of employment to the five Dispatchers transferring from the City of Waterloo to the City of Kitchener." 9. Encroachment Aqreement - CENTRE WARD It was resolved: "That, subject to obtaining all required approvals, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owners of Especially Coffee and Thomas Hinds Tobacconist to permit the use of six (6) feet of sidewalk directly in front of 8 and 10 King Street East, for the operation of a sidewalk patio for the 1996 season." 10. Relocation of Hot Doq Cart It was resolved: "That notwithstanding the Street Vendor By-law, Eva Wilk be granted permission to relocate her hot dog cart in the Clock Tower area on August 24 and 25, 1996 for the Victoria Park 100th celebration." 11. Monte Carlo Events It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Kiwanis Kavaliers Drum & Bugle Corps. to conduct a Monte Carlo event at the Howard Johnson Hotel, 1333 Weber Street East, Kitchener on September 6-8, 1996, inclusive." - and - JULY 2, 1996 COUNCIL MINUTES - 299- CITY OF KITCHENER COUNCIL MINUTES JULY2, 1996 - 299 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES J U LY 2, 1996 - 299 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 11. Monte Carlo Events (Cont'd) "That the City of Kitchener has no objection to a Provincial licence being issued to Ron Day's Kitchener Kicks, 11-300 Gage Avenue, Kitchener, to conduct a Monte Carlo event at the Moose Lodge, 655 Wabanaki Drive, Kitchener, on September 3-5, 1996, inclusive, provided that all proceeds are used for the children's programs." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Waterloo County Shrine Club Inc., 500 Bluestream Road, Waterloo, N2K 3B1, to conduct a Monte Carlo event at Valhalla Inn, 105 King Street East, Kitchener, on August 26-28, 1996, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Kitchener-Waterloo Skating Club, 99 Seagram Drive, Waterloo, to conduct a Monte Carlo event at the Howard Johnson Hotel, 1333 Weber Street East, Kitchener, on August 29-31, 1996." 12. Refreshment Stand Licences It was resolved: "That Elmira Poultry be granted permission to operate a refreshment stand in Civic Square, Kitchener, on July 26, 1996, provided that the necessary Licence and Health and Fire approvals are obtained, and further, that the nominal fee of $1.00 be charged." - 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 July 18-20, 1996, inclusive, provided that the necessary Licence and Health and Fire approvals are obtained." 13. Request to Sell Break Open Tickets - Bluevale Colleqiate The Committee was in receipt of a memorandum dated June 12, 1996 from Mrs. J. Koppeser, Manager of Licensing, discussing the request of Bluevale Collegiate Institute to sell break open tickets from a third party location within Kitchener. Concern was expressed with regard to the Council policy relating to who qualifies for lottery licensing and the use to which proceeds from the tickets were to be put. It was resolved: "That Bluevale Collegiate, 80 Bluevale Street North, Waterloo, be granted permission to sell Break Open Tickets within the City of Kitchener on an on-going basis, providing the proceeds are utilized for the Waterloo Education Fund Incorporated." COUNCIL MINUTES JULY 2, 1996 - 300- CITY OF KITCHENER COUNCIL MINUTES JULY 2, 1996 - 300- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 14. Aqreement with Universal City Studios, Inc. re H.M.C.S. Kitchener Corvette K-225 The Committee was in receipt of a memorandum dated June 28, 1996 from Mr. J. Shivas in regard to a resolution passed by City Council dated April 10, 1995. COUNCIL MINUTES J U LY 2, 1996 - 300 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 14. A.qreement with Universal City Studios, Inc. re H.M.C.S. Kitchener Corvette K-225 (Cont'd) It was resolved: "That the Mayor and Clerk be authorized to execute an agreement dated June 27, 1996, with Universal City Studios, Inc. respecting the use of, for public exhibition and non- commercial purposes only, still photographs from the motion picture, Corvette K-225, contained in the Billy Rose Film Library at the Lincoln Centre for the Performing Arts, New York City." 15. Body Rub Parlour and Massagist Licences It was resolved: "That Ms. Snezana Kovinic be granted a Body Rub Parlour Licence for 240 Duke Street West, for the year 1996, and further, That the following individuals be granted a Massagist Licence for the year 1996, namely: Ms. Tammy Hoffman, Ms. Victoria Wilson, Ms. Lisa Blain, Ms. Janine Thibeau, Ms. Margarita Grimaldi and Ms. Criselly Moreno-Garcia." 16. Earthwinds, 133 Kinq Street West re Variance to Siqn By-law The Committee was in receipt of a memorandum dated June 27, 1996 from Mr. D. Corks requesting a variance to the City's Sign By-law to allow a wooden projecting sign advertising Earthwinds jewellery, crafts and clothing store at 133 King Street West. It was noted in the memorandum that the Mayor's Task Force on the Downtown has recommended changes to the existing sign by-law which would allow these types of signs and staff were currently preparing a new draft by-law to address such requests. It was resolved: "That City Council approve a variance to the Sign By-law to allow a projecting sign at 133 King Street West, subject to structural/safety approval from the Planning and Development Department." 17. Applications for Cancellation, Refund, Reduction or Levy of Taxes Hearing July 2, 1996 COUNCIL MINUTES JULY 2, 1996 - 301- CITY OF KITCHENER COUNCIL MINUTES JULY 2, 1996 - 301- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL It was resolved: "That the applications attached hereto and forming part of these minutes relative to cancellation, reduction, refund or levy of taxes be disposed of as recommended therein." 18. Aqreement with Electronic Surveillance Corporation re Acquisition of Software The Committee was in receipt of a memorandum dated June 28, 1996 from Ms. L. MacDonald advising that the Fire Department seeks to incorporate peripheral applications in support of the integrated computer aided dispatch system and approval is also requested from Council to waive the requirement under Chapter 170 of the Municipal Code respecting purchasing. In response to a question raised by Councillor J. Ziegler, assurance was given by staff that the cost of the software was included within the budget already approved in connection with the integrated computer aided dispatch system. COUNCIL MINUTES JULY 2, 1996 - 301 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 18. Aqreement with Electronic Surveillance Corporation re Acquisition of Software (Cont'd) It was resolved: "That Council waive the requirement of Chapter 170 of the City of Kitchener Municipal Code with respect to the acquisition of software licenses for applications to be used in conjunction with the Kitchener Fire Department's integrated computer aided dispatch system, and further, That the Mayor and Clerk be authorized to execute the necessary agreements with Electronic Surveillance Corporation for the acquisition of various software licenses pertaining to applications to be used in conjunction with the Fire Department's integrated computer aided dispatch system." 19. Noise By-law Exemption Request - Schneider Trunk Project, Phase 5, Stage 4 Mr. R.W. Pritchard advised that, at a meeting of Management Committee held this date, Mr. S. Gyorffy had pointed out that it could be anticipated requests would be received throughout the summer for exemption to the City's Noise By-law to allow extended hours of work to complete the Schneider Trunk Sanitary Sewer project but that the summer schedule of City Council makes it difficult to address such requests. Mr. Gyorffy noted that the problem relates to work on, and adjacent to, private properties. On motion by Councillor J. Ziegler - It was resolved: "That the Ward Councillor, Mark Yantzi, and the General Manager of Public Works be authorized to approve requests, as required, from Steed & Evans Limited, Kitchener, for exemption from provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code, Article 6 (Construction Work), in order to complete contract Tender T96-7, Schneider Trunk Sanitary Sewer, Phase 5, Stage 4." COUNCIL MINUTES JULY 2, 1996 - 302- CITY OF KITCHENER COUNCIL MINUTES JULY 2, 1996 - 302- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 20. A.qreements re Sale of Market Square Shoppin.q Centre, Parkin.q Gara.qe and Farmers' Market The Committee was in receipt of a memorandum dated July 2, 1996 from Mr. J. Shivas advising that the current owners of the lands comprising Market Square Shopping Centre, Parking Garage and Farmers' Market, have approached the City to be relieved of their obligations under the current encroachment agreements and to relieve the City of its obligations which will be assumed by the new purchasers. It was noted that the agreements are not in final form and execution of same will be necessary prior to closing of the subject transactions. It was resolved: "That the Mayor and Clerk be authorized to execute Assumption and Release Agreements with M.S.K. Developments Limited and Canada Life Assurance Company and the purchasers of Market Square Shopping Centre and the Market Square Parking Garage and Farmers' Market, 1077941 Ontario Limited and 1178822 Ontario Limited, all to the satisfaction of the City Solicitor."