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HomeMy WebLinkAboutCouncil Minutes - 1996-10-28COU NCIL\1996-10-28 OCTOBER 28, 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 28th Kitchener Cubs and Scouts under the direction of Mr. Bob Graham. Councillor B. Vrbanovic on behalf of City Council thanked the group for their rendition of the National Anthem this evening. Acceptance of the October 15, 1996 Council minutes was then considered and on motion by Councillor T. Galloway, seconded by Councillor J. Ziegler, it was agreed to amend the first motion shown on page 454 with regard to clause 2 of the Planning & Economic Development Committee report so as to provide for the seconder to the motion to be changed from Councillor M. Yantzi to Councillor J. Ziegler. On motion by Councillor T. Galloway, the minutes of the regular meeting held October 15, 1996, as amended this date and the special meeting held October 21, 1996, as mailed to the Mayor and Councillors, were accepted. A. COMMUNICATION REFERRED TO COMMITTEE OF THE WHOLE (a) Letter dated October 23, 1996 from Mr. R.W. Pritchard, Commissioner of General Services & City Clerk, respecting applications for cancellation, refund, reduction or levy of taxes - October 28, 1996 Hearing. Mr. Ernie Ginsler appeared as a delegation for two purposes. Firstly, he advised that the Social Planning Council of Kitchener-Waterloo fully supported clause 4 of the Community Services Committee report of this date and also advised that they had met last Thursday and begun a restructuring process. Mr. Ginsler asked that City Council appoint a representative to the restructuring committee of the Social Planning Council. Secondly, Mr. Ginsler indicated that on a personal note he wished to thank Members of Council and all its predecessors for their long standing support of the Social Planning Council. He noted that the community was better off in light of the efforts of both the Social Planning Council and City Council. Councillor B. Vrbanovic thanked Mr. Ginsler for his long time contribution to the community and Mayor R. Christy informed Council that he had written to Mr. Ginsler extending congratulations from Council with respect to his new position. Councillor B. Vrbanovic suggested nomination of Councillor K. Redman as the City's appointee on the restructuring committee of the K-W Social Planning Council. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That clause 4 of the Community Services Committee report of this date be adopted." Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee of Council of this date be adopted." Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee of this date be adopted." Voted on clause by clause. Clause #4 - Dealt with under Delegations and Carried. Balance of Report - Carried. 3. Moved by Councillor J. Ziegler OCTOBER 28, 1996 COUNCIL MINUTES -468- CITY OF KITCHENER Seconded by Councillor Jake Smola "That the report of the Finance and Administration Committee of this date be adopted." Councillor J. Ziegler referred to clause 4 of the Committee report which provided for deferral and referral of the water service valves issue on Misty Crescent to the meeting this date and to a proposed resolution distributed by Councillor Jake Smola for consideration by Council as an amendment to clause 4 of the report. Councillor J. Ziegler advised that he supported the resolution and proposed a friendly amendment in the first paragraph to incorporate additional wording referring to 'without precedent' and to provide for the water service repairs being made 'at or within one metre of the curb stop valve only'. Councillor Jake Smola agreed to the additional wording and on motion by Councillor J. Ziegler, seconded by Councillor Jake Smola, clause 4 of the report was replaced with the resolution of Councillor Jake Smola as slightly revised. The report was then put to a vote. Voted on clause by clause. Clause #4 - Carried, As Amended. 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." Carried. Councillor G. Lorentz referred to comments in a 'Common Sense Update' from the Premier of the Province in regards to the subject of hospital restructuring wherein the Premier had suggested that politicians 'butt out' of the entire subject. Councillor Lorentz noted that it was provincial politicians that made the decision in the first place to cut provincial health care funding and questioned what the Premier meant by the comment and its timing relationship with respect to before or after the impacts of provincial health care funding reductions have affected local hospital service delivery. He recommended the Mayor respond to the Premier on this matter after gaining clarification. Councillor B. Vrbanovic referred to a resolution that was circulated from the City of Waterloo suggesting a meeting between local Mayors to discuss the health services restructuring issue and that he was prepared to give Notice of Motion for consideration of the matter at the next meeting or was willing to deal with it at this time. Mayor R. Christy agreed that written clarification should be obtained from the local MPPs before further action was taken and suggested that the issue was an internal municipal matter for the moment. Councillor J. Ziegler referred to the letter on Regional Governance prepared by Mr. Pritchard and the concern expressed with regard to the phrase "all elected at large". He noted that at Regional Council, Kitchener members had not supported his concern and he stated that it was his belief the matter was going to cause the City a problem when it tries to preserve its local ward system. Councillor Ziegler stated that his concern was how the ward system would be impacted and the likely necessity to have to increase the membership of Council or be left with four very large local wards. He strongly recommended that Kitchener's concerns be presented at the Regional level. Councillor K. Redman commented that there would be an opportunity to re-discuss the matter at the Region and suggested that the City make a presentation containing hard data and models of the problem that Kitchener faced so as to facilitate understanding of the City's concern by representatives of the other area municipalities on Regional Council. Councillor M. Wagner advised that Mr. Orton Godfrey, the owner of 530 Charles Street East, was in attendance in regards to a by-law listed on the agenda for three readings that would authorize City staff to remove discarded vehicles and waste material from 530 Charles Street East at the owner's expense if this was not done by November 8, 1996. Councillor Wagner advised that Mr. Godfrey did not wish to speak but that before the meeting, Mr. Godfrey had requested his support for deferral of the by-law and Councillor Wagner had refused. Councillor Wagner indicated that Mr. Godfrey has guaranteed to complete the cleanup within one month and on that basis recommends the by-law be passed but with a one month waiting period before implementation if the property was not cleaned up as required. Following further discussion, it was agreed that the by-law listed on the agenda would be revised so as to provide that it would come into effect after November 28, 1996 and implementation would take place if the property was not cleaned up to the 100% satisfaction of the General Manager of Planning and Development. OCTOBER 28, 1996 COUNCIL MINUTES - 469- CITY OF KITCHENER Councillor M. Wagner advised that a letter had been received at his home promoting the use of speed bumps on his residential street and that the letter had been distributed without the knowledge of City traffic officials. Besides Forest Hill Drive, the letter was also distributed to residents of Bradley Drive and a third street and he strongly recommended that the City notify residents that the content of the letter was not a City of Kitchener initiative and that to date the City had only carried out one trial of speed bumps on one municipal street. Councillor T. Galloway also expressed concern with regards to the letter and with the practices of the Company proposing the speed bumps and suggested that in the future the City source other Companies should it wish to install speed bumps. Councillor T. Galloway advised that recently a direct purchase natural gas distributor has been canvassing in various neighbourhoods in the City and expressed concern with the manner in which the activity is being promoted, particularly as it relates to misrepresentation that the promoter is from "the Utility Company". Councillor Galloway expressed serious concern with the misrepresentation by the gas distributor in leading customers to believe they are sanctioned by Kitchener Utilities. Councillor Galloway referred to the points raised in items 2, 3 & 4 of an information memo he wrote to members of Council and advised that Mr. Kovacs has requested the opportunity to develop an appropriate response on these matters. Councillor J. Ziegler referred to the newspaper advertisement placed by Kitchener Gas relative to the activities of direct purchase natural gas distributors and suggested that the notice should be much more strongly worded so as to in effect caution property owners relative to these activities. Moved by Councillor T. Galloway Seconded by Councillor J. Ziegler "That with respect to the recent activity of a direct purchase natural gas distributor, staff be requested to contact the distributor to object on behalf of Council to their sales practices and to respond to issues 2, 3 & 4 of the memorandum prepared by Councillor T. Galloway in this regard." Carried. Councillor B. Vrbanovic referred to a communication received from the Federation of Canadian Municipalities regarding a warning of the danger posed by lead paint on metal and wooden municipal playground structures. He asked that this matter be referred to staff for comment as part of the November 4 Community Services Committee meeting agenda. Councillor Jake Smola referred to an announcement by the Solicitor General of proposed changes in fire legislation and questioned if Fire Chief J. Hancock would like to comment on the matter. Chief Hancock advised that the legislation was quite preliminary and contained many contradictions. He stated that there were several review processes in place and currently interpretations varied widely. He suggested that staff follow the review process and bring the matter to Management Committee for initial discussion before consideration by City Council. Councillor M. Yantzi referred to the subject of BMX ramps being constructed in residential backyards. In this regard, he noted that a building permit was required to erect a tool shed in backyards, but no building permit was required for a BMX ramp of any size. He asked that staff consider requiring a building permit for such structures. Mr. T. McCabe advised that the authority to issue a building permit was lodged in the Ontario Building Code. He requested direction as to whether Councillor Yantzi would like staff to consider restricting, regulating or prohibiting such BMX ramps. Councillor T. Galloway requested that the matter of temporary transit service for two new subdivisions on Ottawa Street South be added to the November 4 Public Works and Transportation Committee meeting agenda. He noted that there were now a few hundred homes in this unserviced area and transit staff have indicated they may have a solution to the issue. Moved by Councillor John Smola Seconded by Councillor M. Yantzi "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend By-law 85-1 - J. Parrish and the City of Kitchener - Pinnacle Drive - No. 96/12/P/ZJ OCTOBER 28, 1996 COUNCIL MINUTES -470- CITY OF KITCHENER (b) Being a by-law to amend By-law 85-1 - Freure Developments Limited - Windflower Drive - No. 96/18/W/ZJ (c) Being a by-law to amend By-law 85-1 - Mohammed Nathoo - Blucher Street and Ahrens Street West - No. 96/10/B/JW (d) Being a by-law to provide for the widening of part of Woolwich Street as a public highway in the City of Kitchener (e) Being a by-law to authorize the carrying out of the provisions of Chapter 650 of the City of Kitchener Municipal Code with respect to Lot 13 according to Henry Nyberg's Survey registered as Plan 262 and Part of Lot 54 of Streets and Lanes, City of Kitchener with the municipal address of 530 Charles Street East, Kitchener (f) To confirm all actions and proceedings of the Council and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor R. Christy appointed Councillor T. Galloway as Chair. On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. Moved by Councillor T. Galloway Seconded by Councillor B. Vrbanovic "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 C. Weylie Seconded by Councillor John Smola "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to amend By-law 85-1 - J. Parrish and the City of Kitchener - Pinnacle Drive - No. 96/12/P/ZJ (By-law 96-156) (b) Being a by-law to amend By-law 85-1 - Freure Developments Limited - Windflower Drive - No. 96/18/W/ZJ (By-law No. 96-157) (Cont'd) (c) Being a by-law to amend By-law 85-1 - Mohammed Nathoo - Blucher Street and Ahrens Street West - No. 96/10/B/JW (By-law No. 96-158) (d) Being a by-law to provide for the widening of part of Woolwich Street as a public highway in the City of Kitchener (By-law No. 96-159) (e) Being a by-law to authorize the carrying out of the provisions of Chapter 650 of the City of OCTOBER 28, 1996 COUNCIL MINUTES - 471- CITY OF KITCHENER (f) Kitchener Municipal Code with respect to Lot 13 according to Henry Nyberg's Survey registered as Plan 262 and Part of Lot 54 of Streets and Lanes, City of Kitchener with the municipal address of 530 Charles Street East, Kitchener To confirm all actions and proceedings of the Council (By-law No. 96-160) (By-law No. 96-161 ) 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 with respect to Council's April 29, 1996 approval of Clause #2 of the March 4, 1996 Planning and Economic Development Committee report, we accede to the request and grant a 6 month extension of the temporary use to April 30, 1997 on the property located at 1402 Highland Road West for the metal fabricating business of Highland Metal Fabricating Inc. That with respect to "Revised Design Principles for Storm Water Management Facilities", both resolutions in the minutes of the September 23, 1996 Planning & Economic Development meeting (item #8, page 141) and of the September 30, 1996 City Council meeting (clause #6, Planning & Economic Development Committee report, page 444) be amended by inserting the word "four" in the second paragraph of Principle #10, so that it reads as follows: "10) Where trees are to be planted, they must be planted at a minimum rate of 1 tree (40mm cal.) per 50 square metres. The density of shrub plantings, for safety purposes, shall vary depending on the degree of slope. Shrub plantings shall prevent public access on all 2:1 slopes and discourage access on all 3:1 slopes. 100% density equals 1 shrub per square metre, 25% density equals 1 shrub per four square metres. The purpose of the bar scale is not to encourage repetitive landscape design but to act as a relative guide to associate shrub plant densities with the appropriate slope. Note: (Original report contains illustration of Coverage Intensity of Shrub Plantings)." That Zone Change Application 96/12/P/ZJ (Janet Parrish and the City of Kitchener) requesting a change in the zoning from Open Space Zone (P-2) and Residential Four Zone (R-4) to Residential Four Zone (R-4) and Open Space Zone (P-2) on Part of Biehn's Unnumbered Tract, more particularly described as Part of Part 1 on Plan 58R-7525 and Part of Part 1, Plan 58R-6355 be approved in the form shown in the "Proposed By-law" attached dated August 16, 1996 without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. That Zone Change Application 96/18/W/ZJ (Freure Developments Ltd.) requesting a change in the zoning to add Special Use Provision 226U to the Residential Six Zone (R-6) according to By- law 85-1, on Part of Lot 46, German Company Tract, be approved, in the form shown in the "Proposed By-law" attached, dated August 16, 1996 without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. That Zone Change Application ZC 96/10/B/JW (M. Nathoo) rezoning 91 Blucher Street and 221 Ahrens Street from C-1 with special use provision 13U, to R-5 with special use provision 227U, be approved in the form shown in the attached "Proposed By-law", dated September 23, 1996, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. That Planning and Development Staff Report PD 96/90 (Status of the Mayor's Task Force Report Implementation) be received as information. COMMUNITY SERVICES COMMITTEE - That a Special Projects budget be established in the Parks and Recreation Capital Budget for the development of the community trail along the former CP Rail line between Ottawa Street in Kitchener and John Street in Waterloo, with this budget to be set at $60,000 for each of 1997, 1998 and 1999, for a total capital budget of $180,000. COUNCIL MINUTES OCTOBER 28, 1996 - 473- CITY OF KITCHENER COUNCIL MINUTES OCTOBER 28, 1996 - 473- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That we approve the construction of a dressing room facility at Jack Couch Park, to be used by Kitchener Minor Baseball, Kitchener Tournament Baseball and the Kitchener Panthers, and further, That Kitchener Tournament Baseball pay the full cost of construction, and further, That Kitchener Tournament Baseball make an initial payment of a minimum of $30,000 with the balance funded through an interest free loan from the City of Kitchener at an upset limit of $50,000, and further, That Kitchener Tournament Baseball make 5 annual payments of $10,000 on September 1st of each year, commencing in 1997, to repay the loan. That we approve the proposed 1997 fees and charges for the Parks and Recreation Department, as considered by the Community Services Committee on October 21, 1996; save and except for the ice rental rates, the Viewing Room charges for licensed events and the Victoria Park Pavilion rental rates, and further, That a staff report be presented to the Community Services Committee, on November 4, 1996, with respect to ice rental rates, Viewing Room charges for licensed events and Victoria Park Pavilion rental rates. That we approve a 1997 grant for the Social Planning Council of Kitchener-Waterloo, in an amount equal to their 1996 grant minus 5%, to assist with the cost of the Community Information Centre and the social planning function. (Dealt with under Delegations and Carried) FINANCE AND ADMINISTRATION COMMITTEE - That the City hire a tradesman to perform preventative maintenance for City Hall and other City facilities, as outlined in the report of L. Proulx dated September 19, 1996. That Council give pre-budget approval for the expenditure, in 1996, of $100,000.00 from the 1997 budgeted allocation for Major Park Development in order to allow the installation of sports lighting at the Blockline Sportspark in the Fall of 1996. That Council give pre-budget approval for the expenditure, in 1996, of $30,000.00 from the 1997 budgeted allocation of $70,000.00 in index number 679605 of the Parks and Recreation Department capital budget to facilitate the 1996 purchase and installation of 17 new lighting poles, bases and wiring in Victoria Park, plus the additional purchase of 3 spare poles. That the City assumes, without prejudice and without precedent, responsibility for 100% reimbursement of owners of residences fronting on Misty Crescent for water service repairs on the homeowners side at or within one metre of the curb stop valve only and associated driveway repairs, subject to: a) the submission of three quotations to, and approval of one quotation by, the City's General Manager of Public Works; b) the completion of repairs and submission of proof of payment satisfactory to the City's General Manager of Public Works; FINANCE AND ADMINISTRATION COMMITTEE - 4. (Cont'd) OCTOBER 28, 1996 COUNCIL MINUTES -474- CITY OF KITCHENER COUNCIL MINUTES OCTOBER 28, 1996 - 474- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Further, that the City reimburse the homeowners of #477, #481 and #458 Misty Crescent in the total amount of $1,429.78 for water service repairs completed at curb stop valves; And further, that the City's water leak consultant conduct an annual suvey each year for the next 3 years on Misty Crescent. (As Amended) PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That parking be prohibited on the west side of Breithaupt Street from Ahrens Street to a point 29 metres (94 feet) south thereof, and further, That the Uniform Traffic By-law be amended accordingly. That both radio and newspaper advertisements commence during the month of November, 1996, and that flyers be placed on vehicles found parked on the street overnight by existing By-law Enforcement staff, notifying residents that the prohibition of parking overnight from December 1, 1996 to March 31, 1997, will be enforced. That an Adult Crossing Guard facility be established at the intersections of Ottawa Street and Charles Street, as soon as possible, for morning and afternoon service only, and further, That the 1996 Operating Budget be adjusted to reflect an over-expenditure of $1,000.00, and further, That this facility be monitored for usage and that its continuance be reviewed for the start of the 1997-1998 school year. COUNCIL MINUTES OCTOBER 28, 1996 - 475 - 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 INTERIM CHIEF ADMINISTRATIVE OFFICER - 1. Monte Carlo Event It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Juvenile Diabetes Foundation Canada, Region of Waterloo Chapter, 450 Westheights Drive, Unit 20A, PO Box 44004 Driftwood Centre, Kitchener, Ontario, N2N 3G7, to hold Break-Open Ticket and Raffle Lotteries, in conjunction with their Monte Carlo Event, at Marshall Hall, Bingeman Park Farms on April 19, 1997." 2. Massaqist Licences Councillor J. Ziegler questioned if the City had the authority to require every massagist to execute an undertaking that they would not carry out their massagist services in the nude. Mr. R.W. Pritchard advised that it was a requirement of Council that the operator of massagist premises agree not to hire anyone who would carry on massagist activity in the nude or partially nude. At the request of Councillor J. Ziegler, Mr. J. Shivas agreed to investigate whether individual massagist licence holders could be required to sign an undertaking with regards to this issue. It was resolved: "That Ms. Sherry Alford be granted a Massagist licence for the year 1996 and further; That Ms. Sandra Petrovich be granted a Massagist licence for the year 1996." 3. Possible Desiqnation - Huron Natural Park Council was in receipt of a letter dated October 28, 1996 from Ms. L. MacDonald requesting that the recommendation listed on the agenda be amended for clarification purposes as outlined in her memorandum. The Committee agreed to consider the revised recommendation proposed by Ms. MacDonald. It was resolved: "That staff be directed to revisit the Municipal Plan Open Space Designation Map 5 on those lands owned by Breslau Farms Limited, Rothstar Corporation, Westmount Investments Inc. and Dorar Investments Inc., to redesignate such developable lands of Breslau Farms Limited, Westmount Investments Inc. and the easterly portion of Rothstar Corporation lands from Open Space to Business Park and to redesignate such developable lands of Dorar Investments Inc. and the westerly portion of Rothstar Corporation lands from Open Space to Low Rise Residential, together with the determination of the boundaries of developable versus non-developable land, all to be in accordance with the new Provincial Policy Statements and approved Regional Official Policies Plan." COUNCIL MINUTES OCTOBER 28, 1996 - 476- CITY OF KITCHENER COUNCIL MINUTES OCTOBER 28, 1996 - 476- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES OCTOBER 28, 1996 - 476 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 4. Misty Crescent - STANLEY PARK WARD The Committee was in receipt of a report from Mr. J. Gazzola, Interim Chief Administrator, outlining Management Committee's response to various issues raised at the October 21 Finance and Administration Committee meeting. This information report and the issue itself was dealt with under clause 4 of the Finance and Administration Committee report of this date. 5. Offer to Sell - WEST WARD It was resolved: "That the City of Kitchener accepts the offer from Steven J. Lubczuk and George G. Voisin to sell to the City, 7,329 square metres of vacant land legally described as Part of Lot 35, German Company Tract designated as Parts 2, 5, 7, 12 and 14, Plan 58R-10060. The value of the subject land is estimated to be $170,000.00. The Vendor accepts as full payment in lieu of money an undertaking from the City that the City will construct at its sole cost a new road connecting Bankside Drive and Highland Road West including water, sanitary and storm sewers and four service connections are included for the Vendors' retained property, but sidewalks are excluded. Said Offer to Sell includes a temporary construction easement and permission to place fill as required to the satisfaction of the City's General Manager of Public Works. Legal costs to be paid by the City, and G.S.T. if applicable. Further, that the Mayor and Clerk are hereby authorized to execute any documents related to this matter as approved by the City Solicitor." 6. Land Exchanqe - ROCKWAY-ST. MARY'S WARD It was resolved: "That the City accepts an offer dated October 15, 1996 from MTD Products Limited to purchase vacant land formerly CP Rail property located between Borden Avenue South and Ottawa Street South having an area of 1,403 square metres and legally described as Part of Lot 486, Registered Plan 262 designated as Parts 2 and 5, Plan 58R-10385 at a price of $30,000.00. The City retains an easement in perpetuity over Part 5, Plan 58R-10385 and shall accept as payment $20,500.00 and in lieu of the remaining money, the City shall accept the transfer of Part 3, Plan 58R-10385 valued at $9,500.00. G.S.T. if applicable shall be paid by the respective parties in addition to the purchase price. And further, that the Mayor and Clerk are hereby authorized to execute any documents deemed necessary by the City Solicitor." COUNCIL MINUTES OCTOBER 28, 1996 - 477- CITY OF KITCHENER COUNCIL MINUTES OCTOBER 28, 1996 - 477- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 7. Amendment to Condition of Subdivision Aqreement - Janet Court - CHICOPEE WARD The Committee was in receipt of a letter dated October 28, 1996 from Councillor B. Vrbanovic regarding a Supplementary Subdivision Agreement pertaining to Janet Court and the siting of a driveway on Lot 7, Plan 1815. COUNCIL MINUTES OCTOBER 28, 1996 - 477 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - CONT'D Amendment to Condition of Subdivision Aqreement - Janet Court - CHICOPEE WARD (Cont'd) It was resolved: "That Section 65(b) of the subdivision agreement pertaining to Lot 7, Plan 1815 on Janet Court be amended by adding the following: 'Alternatively, should the owner of Lot 7 choose to situate the driveway on the easterly side of the Lot, the owner agrees until such time as Janet Court is extended easterly: (i) to place no demands upon the City to provide snow-clearing service on the street where the driveway meets Janet Court; (ii) to provide snow-clearing service on the street between the driveway and where the City has cleared the snow; and (iii) to indemnify the City from any liability resulting from the Owner's failure to provide snow-clearing service as described in clause (ii) above. Applications for Cancellation, Refund, Reduction or Levy of Taxes - October 28, 1996 Hearinq Councillor J. Ziegler disclosed a conflict of interest and abstained from all discussion with regard to item #212 -Application 490 as the applicant Agnes M. Ziegler is his mother. Councillor J. Ziegler questioned why there were repetitious applications by several applicants contained in the tax adjustment summary. He commented that he understood where a business was no longer operating at a property that it was expected there would be an application with regards to the business itself and possibly shared parking. Mr. J. Gazzola advised that he would investigate the matter and advise Council with respect to Councillor Ziegler's question. 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." Councillor J. Ziegler previously disclosed a conflict of interest and abstained from all discussion and voting in regards to item #212 - Application 490 as the applicant Agnes M. OCTOBER 28, 1996 COUNCIL MINUTES -478- CITY OF KITCHENER COUNCIL MINUTES OCTOBER 28, 1996 - 478- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Ziegler is his mother. Monte Carlo Events It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Ontario 5 Pin Bowler's Association to conduct a Monte Carlo event at the Moose Lodge, 655 Wabanaki Drive, Kitchener, on November 29, 30 and December 1, 1996, inclusive, provided that the proceeds are used for the funding of youth programs and at least 25% of the proceeds are utilized in the City of Kitchener." -and- COUNCIL MINUTES OCTOBER 28, 1996 - 478 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - CONT'D 9. Monte Carlo Events (Cont'd) "That the City of Kitchener has no objection to a Provincial licence being issued to the Kiwanis Kavaliers to conduct a Monte Carlo event at the Holiday Inn, 30 Fairway Road, Kitchener, on December 3-5, 1996, inclusive." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the K- W Minor Lacrosse to conduct a Monte Carlo event at the Sheridan Four Points Hotel, 105 King Street East, Kitchener, on December 10-12, 1996, inclusive." 10. Consent to Lease and Transfer - 165 Hollinqer Crescent The Committee was in receipt of a memorandum dated October 28, 1996 from Mr. J. Shivas, advising that the City has been requisitioned to consent to leases and a transfer with respect to 165 Hollinger Crescent. It was resolved: "That the City consents to leases from Eric Muschick to B & F Auto, Miller Automotive and HMW Precision Machine Inc. and a transfer from Eric Muschick to H20 Express Limited of the property described as Part 1 on Reference Plan 58R-4589 and municipally known as 165 Hollinger Crescent, Kitchener, subject to completion of the landscaping to the satisfaction of the General Manager of Planning and Development prior to June 1, 1997; and further, That upon satisfactory completion of the landscaping that the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all rights of the City contained in paragraph 2.(b) of the Schedule to Instrument No.829530 respecting the property described as Part 1 on Reference Plan 58R-4589 and municipally known as 165 Hollinger Crescent, Kitchener." COUNCIL MINUTES OCTOBER 28, 1996 - 479- CITY OF KITCHENER COUNCIL MINUTES OCTOBER 28, 1996 - 479- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 11. Development Charqes Complaint re: Lulu's Plaza Limited Mr. R.W. Pritchard advised that he was in receipt of a letter from Lulu's Plaza Limited objecting to assessed development charges. He noted that Mr. J. Shivas has suggested the matter be referred to the Finance and Administration Committee for a Hearing of the complaint pursuant to the Development Charges Act. Mr. J. Shivas recommended the Committee deal with the complaint just as it would for an amendment to the City's Development Charges. It was resolved: "That the complaint dated October 4, 1996 respecting development charges from Mr. Sidney Spiegel of Lulu's Plaza Limited be referred to Finance and Administration Committee for a Hearing pursuant to Section 8 of the Development Charges Act, 1989 and report back to Council."