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HomeMy WebLinkAboutCouncil Minutes - 1996-12-16COUNCIL\1996-12-16 DECEMBER 16, 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 Ryan, Scott, Valerie and Paul Sobering. Councillor K. Redman on behalf of members of Council thanked the Sobering Family for their rendition of the National Anthem this evening. She advised that they were students of King School of Vocal and Dance and will be performing on CHYM Radio Christmas Eve. Councillor G. Lorentz welcomed the 38th Kitchener Scout Troupe and their leaders to the meeting this date. He advised that the Scouts operate from Southridge School and had earlier had a tour of the City Hall facility. On motion by Councillor J. Ziegler, the minutes of the regular Council meeting held December 2, 1996, and special Council meetings held December 2 & 9, 1996, as mailed to the members, were accepted. COMMUNICATION REFERRED DIRECTLY TO FILE - (1) 1996 Annual Report of Kitchener Housing Inc. summarizing the activities of the Corporation over the last ten years and providing a financial overview. COMMUNICATION REFERRED TO COMMITTEE OF THE WHOLE - (1) Letter dated December 11, 1996 from R.W. Pritchard, Commissioner of General Services & City Clerk, respecting applications for cancellation, refund, reduction or levy of taxes -December 16, 1996 Hearing. Councillor K. Redman disclosed a conflict of interest and abstained in regards to item #102 respecting Application No. 886 as her husband is a principal of the company involved. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation to answer any questions regarding the tenders listed on the Committee of the Whole agenda of this date. He did point out that two additional requests had been circulated to Council for consideration. The first was Expression of Interest E96-106 for architect services in regards to the Forest Heights Community Centre and Fire Hall and he advised that the Committee had met today and interviewed the shortlist of candidates. The second item was Tender 96-92 for the Williamsburg Cemetery Retort. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That Proposal P96-95, Electrical Service and Repair, be awarded to Harold Stecho Electric Limited, Waterloo, Kearsley Electric Limited, Kitchener and B.C. Electrical Mechanical, Kitchener." -and- "That tender T96-112, Liquid Calcium Chloride, be awarded to Pollard Highway Products, Harrow, Ontario at their tendered price of $50,800., plus G.S.T. and P.S.T." -and- "That tender T96-108, Compressed Natural Gas, Fuel and Fluid Monitoring System - Transit Centre - 250 Strasburg Road, be awarded to Hogg Fuel & Supply Limited, Kitchener at their tendered price of $70,631.15, plus G.S.T." -and- "That tender T96-94, Gas Meter Bar Assemblies, be awarded to The Bryan Donkin Company of Canada Limited, Woodstock, Ontario at their tendered price of $111,580., G.S.T. and P.S.T. extri." -and- DECEMBER 16, 1996 COUNCIL MINUTES - 648- CITY OF KITCI:IENER "That tender T96-92, Williamsburg Cemetery Retort, be awarded to B & L Cremation Systems Inc., Largo, Florida at their tendered price of $67,805, plus G.S.T. and P.S.T." -and- "That Expression of Interest E96-106, Architect's Services - Forest Heights Community Centre and Firehall, be awarded to Reider, Hymmen & Lobban Architects, Kitchener, subject to a satisfactory agreement being negotiated and an upset fee being established. The estimated cost of the project is $116,000 plus G.S.T." Carried. Mayor R. Christy requested Christine Ichim of the Canadian Cure Campaign to come forward to receive a presentation. He noted that she had rollerbladed across Canada to raise funds for Cancer Research and was the youth winner for the Waterloo Region Executive Fundraiser. Mayor Christy presented Christine with a key to the City of Kitchener and a bouquet of roses in recognition of her fundraising effort. Mayor R. Christy then called on Ms. Margaret Sanderson, Supervisor of Leisure Support Services to come forward and assist in the presentation respecting a major donation by Ronald McDonald Children's Charities of Canada in the amount of $20,000 for the purchase of six racing wheelchairs. Mr. Drew Sadler of McDonald's presented a cheque to the City and the K-W Track and Field Association as well as a plaque commemorating the donation by McDonald's. A representative of the Track and Field Association expressed appreciation to McDonald's for their donation and in recognition presented a plaque to McDonald's and thanked the Mayor and Council for their continuing support. Ms. Andrea Burkholder, a prospective wheelchair athlete appeared as a delegation and thanked everyone for their involvement and support of sports for disabled athletes. Mayor R. Christy on behalf of Council thanked Ronald McDonald Children's Charities for its donation. A delegation was in attendance representing Ministerial Associates (Kitchener) Inc. relative to a recommendation listed as item #B.3 in the Committee of the Whole agenda this date. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That the Mayor and Clerk be authorized to sign a lease with Ministerial Associates (Kitchener) Inc. relating to the former Government Bookstore space at Kitchener City Hall and which lease shall be for a three year term with the tenant's option to renew the lease for a further three year term." Carried. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson Planning Limited, appeared as a delegation along with a representative of the Bank of Montreal in support of clause 2 of the Planning and Economic Development Committee report of this date dealing with the bank's zone change application respecting its property at the intersection of King Street East and Ottawa Street. Mr. Britton noted that the development represented a significant upgrade of the existing facility and site. He referred to a letter dated December 11, 1996 which was directed to members of Council and outlined the objectives the bank was trying to achieve through the site redevelopment. Mr. David Whitton appeared as a delegation on behalf of the Bank of Montreal in regards to clause 2 of the report. He commented that the Bank of Montreal has a historical presence at the King Street/Ottawa Street intersection and services 10,000 clients from that branch. He noted that the proposal was to develop a state of the art branch that would provide a complete range of services to its clients including a drive-through banking option. Councillor Jake Smola disclosed a conflict of interest and abstained from all discussion as his mother is employed by the Bank of Montreal at the subject location. Councillor M. Wagner stated that he understood the stone logo over the front doors of the existing bank building would be retained in the new building and questioned where it would be placed. Mr. Whitton advised that it would be incorporated but it was not known whether it will be a free-standing monument or as part of the bus shelter. Councillor T. Galloway focused on the site plan with respect to automatic banking machines and Mr. Whitton advised that automatic banking machines would be accessible both from a drive-through and within the branch itself. Councillor Galloway questioned the necessity for a DECEMBER 16, 1996 COUNCIL MINUTES -649- CITY OF KITCI:IENER drive-through and whether or not the bank had contemplated erecting free-standing automatic banking machine facilities. Mr. Whitton pointed out that there were two problems with a free-standing facility, the first being that customers are required to park and leave their cars in order to enter the facility, and the second problem was the expense that such facility incurs as a result of the necessity for it to be serviced by Brinks employees. Councillor K. Redman commented that she was pleased that the application would result in the removal of an existing access fronting Onward Street. Councillor B. Vrbanovic stated that he was pleased with the project and the impact that it would have at the intersection. Councillor T. Galloway stated that he would support the zone change, but was not happy with the automobile orientation of the site plan. Councillor J. Ziegler stated that he thought the project was innovative and responds to the needs of the bank's clientele. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That clause 2 of the report of the Planning and Economic Development Committee of this date be adopted." Carried. Councillor Jake Smola previously disclosed a conflict of interest and abstained from all discussion and voting as his mother is employed by the Bank of Montreal at the subject location. Mr. Garo Bostajian, President, Grandview Homes, appeared as a delegation in regard to clause 1 of the Planning and Economic Development Committee report dealing with Zone Change Application 96/31/TCNL. The zone change would establish a requirement for unobstructed rear yard access for street townhouse dwellings. Mr. Bostajian advised that he made his concerns known to the Planning Department three months ago and in this regard he indicated he had both immediate and future concerns regarding the zone change. In respect to long-term concerns, he indicated that the requirement would increase cost of construction and in other cases lessen the amount of interior living space. As well, he expressed concern over reduction in the depth of useable backyards and questioned who would maintain the easement strip where access was gained by means of a 3 foot right-of-way at the rear of the lots. In respect to his immediate concern, he advised that he was in the middle of a construction project of street fronting town homes and indicated that he could not change his architectural plans halfway through the project. Accordingly, he requested exemption of this project if Council chose to pass the zoning by-law. Councillor Jake Smola explained the problem faced by owners of street fronting townhouses which have their access to rear yards restricted once neighbours erect fences. He advised that the proposed rezoning would require access by one of three means: access through the drawing to the rear yard, establishment of a right-of-way along the rear yard portion of such townhouses or if such townhouse project was backing onto public lands provision of gated access to the public property. Mr. T. McCabe explained that the re-zoning was an overall City-wide text change to the Zoning By-law and in regards to questions raised respecting the impact on rear yards of an easement requirement, he advised that the 3 foot right-of-way does not reduce the rear year requirement under the Zoning By-law. In response to a question from Councillor J. Ziegler, Mr. McCabe advised that in regards to the current project of Mr. Bostajian that if the Zoning By-law was changed, staff could not legally issue a building permit and it would be necessary for Mr. Bostajian to obtain consent approval from the Committee of Adjustment for dwellings that could not meet the requirements of the revised Zoning By-law. He suggested that alternatively, Council may consider adding a notwithstanding clause to the Zoning By-law exempting Mr. Bostajian's project from the new requirements. Council entered into a discussion of the merits of the proposed Zone Change with several members supporting the proposed change and several opposed on the basis that it represented over-regulation and potential future problems in respect to the easement option as private disputes will arise between homeowners over the easement access. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That clause 1 of the report of the Planning and Economic Development Committee of this date be adopted." A motion by Councillor G. Lorentz, seconded by Councillor J. Ziegler that clause 1 of the report of the DECEMBER 16, 1996 COUNCIL MINUTES - 650- CITY OF KITCI:IENER Planning and Economic Development Committee be amended so as to revise the proposed by-law to include a notwithstanding clause for certain lands currently being developed by Grandview Homes was put to a vote and Carried. The original motion of Councillor C. Weylie, seconded by Councillor M. Yantzi pertaining to clause 1, as amended, was then put to a vote and Carried. Moved by Councillor T. Galloway Seconded by Councillor J. Ziegler "That the revision to the proposed by-law with respect to Zone Change Application ZC96/31/TCNL (City of Kitchener) be considered minor in nature and not require that any further notice be given prior to the passing of the by-law." Carried. Ms. Maryann Wasilka appeared as a delegation in respect to the swimming registration process and swimming fees. Firstly, she requested use of a focus group to deal with reviewing the mass registration process for swimming lessons. Secondly, on the matter of fees, she suggested that the fee should be lower for adults over 60 years of age and requested that the existence of subsidies for needy families be given greater publicity. Councillor G. Lorentz directed that the issues raised by Ms. Wasilka be referred to staff. Ms. Susan Phillips spoke in place of Ms. Kate Harvey on behalf of International Women's Day in respect to their grant request shown as clauses 24 & 27 of the Community Services Committee report of this date. The Committee has recommended no action on the two requests and the delegation advised that they had only a few days to complete the grant request application before submitting it and were unable to have an opportunity to discuss the application with staff. A letter dated December 16, 1996 addressed to Councillor J. Ziegler was distributed to members of Council and outlines the work of the Women's Day Committee and it was requested that Council re-examine the grant request submitted. In response to Councillor K. Redman, the delegation advised that it was very difficult to demonstrate proven social benefit and what could be submitted was information in that regard which is unavailable elsewhere. In response to Councillor M. Yantzi, Ms. Phillips advised that in connection with the Health Fair, approximately 200 health practitioners would participate and in connection with the March 8 event approximately 20 performers would participate and at least 200 visitors were expected. Council briefly discussed the grant criteria and the organization's request. Councillor K. Redman suggested that the Committee recommendation be deferred so as to allow for staff to obtain additional information from the organization. Moved by Councillor K. Redman Seconded by Councillor J. Ziegler "That consideration of clauses 24 & 27 of the Community Services Committee report of this date be deferred and referred to the January 13, 1997 Community Services Committee meeting." Carried. Mr. Sheldon Kosky appeared as a delegation representing Manfred Conrad, who was also in attendance, in respect to the negotiations regarding the transfer of the Market Square Parking Garage and Farmers' Market to the Cora Group. Mr. J. Shivas tabled a resolution for Council's consideration in this regard and outlined proposals relative to leasing arrangements which include provision of free parking for the first three hours on two market days per week. Mr. Kosky commented on the negotiation process and on the question of lease of the Market by the City and the fact that Cora would support joint ventures to make better use of the Market facility. Mr. Kosky made it clear that Cora intends to move as quickly as possible to improve the operations of the Market Square Mall. It was noted that related recommendations were listed as B.2 and B.4 of the Committee of the Whole agenda this date dealing with lands on Queen Street North and a Noise By-law Exemption request respecting construction repairs at the Market Square Parking Garage and these agenda recommendations were included for consideration at this time. COUNCIL MINUTES DECEMBER 16, 1996 - 651- CITY OF KITCI:IENER Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic "That the Mayor and Clerk be authorized to execute: (a) a Transfer of the Market Square Parking Garage and Farmers' Market, described as Parts 3 & 5 on Reference Plan 58R-488, to 1178822 Ontario Limited for the sum of $400,000; (b) an Agreement dated December 3, 1996 with 1178822 Ontario Limited to repair the Market Square Parking Garage, secured by a mortgage in favour of the City in the sum of $3,400,000; (c) a Lease dated December 3, 1996 of the Farmers' Market from 1178822 Ontario Limited for a term of 7 years from January 1, 1997 plus 3 five-year options to renew, for base rent in year one in the sum of $270,000 increasing by $5,000 per year to year seven, including free parking for the first 3 hours on two market days per week; (d) a Lease dated December 3, 1996 of the lower metered area of the Market Square Parking Garage from 1178822 Ontario Limited for a term of 7 years from January 1, 1997 plus 3 five year options to renew, for rent in the sum of $30,000 annually plus taxes; (e) a Lease dated December 3, 1996 for the parking area behind 22 Frederick Street known as Lot No.2 from 1178875 Ontario Limited for a term of 7 years from January 1, 1997 plus 3 five year options to renew, for rent in the sum of $40,000 annually plus taxes; (f) an Agreement to extend clauses 6, 8 and 10 of the Letter of Understanding between the City and 1178822 Ontario Limited executed June 3 and 5, 1996, respecting market business plans, the concept of closing Duke Street and arbitration; and (g) any other documentation respecting these matters as considered necessary by the City Solicitor." -and- "That the City accepts an offer dated December 10, 1996 from 1178875 Ontario Limited to purchase 2,823 square feet of vacant land situated on Queen Street North legally described as Part of Lot 13, Plan 364, Benjamin Eby's Survey at a price of $29,000.00, And further, that the Mayor and Clerk are hereby authorized to execute any documents deemed necessary by the City Solicitor." -and- "That the Cora Group and their contractors be exempt from the provisions of Chapter 450 Noise, of the City of Kitchener Municipal Code, Article 6, Construction Work, during repairs of the Market Square Parking Garage between the hours of 6:00 p.m. and 7:00 a.m. from April 1, 1997 to May 31, 1997." Carried. Mayor R. Christy advised that Mr. James Richard attended the meeting at its commencement on behalf of the Pioneer Sportsmen Club but had to leave to attend another meeting this evening. Mr. Richard was in attendance respecting his December 12th letter circulated to City Council advising that his client wishes to withdraw any objection to the designation of lands owned by the Pioneer Sportsmen Club as Major Open Space under proposed Municipal Plan Amendment 95/1/P/JG. Mr. T. McCabe asked that Council deal with the withdrawal of the objection in order to address Council's December 2 deferral of consideration of the designation of the Sportsmen Club lands which was referred to the December 16 Council meeting for consideration. Moved by Councillor C. Weylie DECEMBER 16, 1996 COUNCIL MINUTES - 652- CITY OF KITCI:IENER Seconded by Councillor T. Galloway "That in respect to Council's December 2, 1996 deferral of subsection 8 of clause 1 of the Planning and Economic Development Committee report (Municipal Plan Amendment Application MP 95/1/P/JG) we re-affirm the Major Open Space designation as it applies to the lands of the Pioneer Sportsmen's Club and direct that the Region of Waterloo be so advised." 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 C. Weylie advised that clause 3 of the report dealing with Municipal Plan Amendment MP 96/10/MP/BN and Zone Change Application ZC 96/38/TC/CL should be deferred and referred to the January 13, 1997 meeting of the Planning and Economic Development Committee because of a necessity to re-advertise the amendment, and on motion by Councillor C. Weylie, seconded by Councillor M. Yantzi, deferral was agreed to. Councillor Jake Smola requested Fire Chief J. Hancock to outline costs in regard to installation and maintenance of a Direct-to-Fire Alarm Monitoring System. Mr. Hancock advised that there were a number of matters to be resolved at this point in time, but it was estimated that an alarm system would cost from $200 to $300 for hardware and from $5 to $25 per month depending on the level of monitoring. The report was then put to a vote. Voted on clause by clause. Clause #1 - Dealt with under Delegations and Carried, As Amended. Clause #2 - Dealt with under Delegations and Carried. Clause #3 - Action deferred and referred back to the Planning and Economic Development Committee January 13, 1997 meeting due to a necessity to re-advertise the applications. Balance of Report - Carried. Recorded Conflict of Interest and Abstention: Clause #2 - Councillor Jake Smola as his mother is employed by the Bank of Montreal at the subject Branch. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee of this date be adopted." A motion by Councillor J. Ziegler, seconded by Councillor G. Lorentz to amend clause 7 of the report by adding the phrase "within the confines of the Regional Smoking By-law" to the last sentence of the recommendation, was agreed to. A motion by Councillor B. Vrbanovic, seconded by Councillor T. Galloway to amend clause 18 of the report so as to add the word "each" after the word "tickets" to make it clear that each group was getting 100 tickets, was Carried. The report was then put to a vote. DECEMBER 16, 1996 COUNCIL MINUTES - 653- CITY OF KITCI:IENER Voted on clause by clause. Clauses #7 & 18 - Carried, As Amended. Clauses 24 & 27 - Dealt with under Delegations and action deferred and referred to the January 13, 1997 Community Services Committee meeting. Balance of Report - Carried. Moved by Councillor T. Galloway Seconded by Councillor Jake Smola "That the report of the Environmental Committee of this date be adopted." 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." In reference to clause 8 of the report, it was pointed out that Council was in receipt of correspondence dated December 10, 1996 from the Manager of Licensing providing more information about the Canadian Paraplegic Association. On motion by Councillor J. Ziegler, seconded by Councillor J. Smola, clause 8 of the report was amended so as to instruct staff to correspond with the Association and outline the requirements of the applicable by-law including any related costs. A lengthy discussion then took place in regards to clause 5 of the report dealing with opposition to the proliferation of gambling in Ontario and the matter of the site of a regional charitable casino. While all members of Council expressed their opposition to the proliferation of gambling and the Provincial policy to establish regional charitable casinos, some members felt that since the Province had decided the issue, Council should act to provide input in this regard, while other members were opposed to any action which could be deemed to be a form of endorsement of Provincial policy change. The merits of providing comment to the Province were discussed with regard to how local charities could be impacted. There was general agreement that placing Video Lottery Terminals in regional charitable casinos was negative to certain members of the community given the addictive nature of the terminals. Councillor M. Wagner suggested that the issue of the Video Lottery Terminals should be divorced from the issue of regional charitable casinos. He advised that he would bring forth a recommendation at the January 13, 1997 Community Services Committee meeting dealing with the fact that based on proven statistics, there has been a dramatic increase in gambling addiction as a result of VLT's and requesting that the City of Kitchener affirm its opposition to the introduction of VLT's in charitable casinos with the Province of Ontario. Councillor B. Vrbanovic also stated that he would like the issue of disbursement addressed at the January 13, 1997 Community Services Committee meeting. The report was then put to a vote. Voted on clause by clause. Clause #5 - A recorded vote was requested. In Favour: Councillors Jake Smola, J. Ziegler, T. Galloway, B. Vrbanovic, K. Redman and G. Lorentz. Contra: Mayor R. Christy and Councillors M. Wagner, M. Yantzi, C. Weylie and John Smola. Motion Carried. COUNCIL MINUTES DECEMBER 16, 1996 - 654- CITY OF KITCI:IENER Clause #$ - Carried (As Amended). Balance of Report - Carried. Moved by Councillor M. Wagner Seconded by Councillor T. Galloway "That the report of the Local Architectural Conservation Advisory Committee of this date be adopted." 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 Jake Smola commented on clause 3 of the report dealing with the 1997 Roads Capital Program and The Ten Year Capital Forecast in reference to River Road and pointed out that nothing was scheduled in respect to the widening of River Road from Victoria Street North to Fairway Road. The report was then put to a vote. Voted on clause by clause. Clause #3 - Carried. Balance of Report - Carried. Recorded conflict of interest and abstention: Clause #3 - Councillor J. Ziegler as he owns property on King Street East. Moved by Councillor M. Wagner Seconded by Councillor G. Lorentz "That the report of the Twin City Committee of Council of this date be adopted." Carried. Councillor J. Ziegler referred to a City of Cambridge resolution that was circulated regarding Governance and the Region and asked that Kitchener endorse the resolution and forward it to the Province. He noted that in effect, the Province was being requested not to interfere in the governance issue within the Regional Municipality of Waterloo. Councillor Jake Smola advised that he was opposed to some aspects of the recommendations. Councillor B. Vrbanovic stated that he supported the recommendation but had difficulty with some aspects. Moved by Councillor J. Ziegler Seconded by Councillor John Smola "That the resolution of the City of Cambridge respecting governance within the Regional Municipality of Waterloo, be endorsed and forwarded to the Province." Councillor J. Ziegler requested a recorded voted. In Favour: Mayor R. Christy and Councillors J. Ziegler, T. Galloway, B. Vrbanovic, K. Redman, G. Lorentz, M. Wagner, M. Yantzi, John Smola and C. Weylie. Contra: Councillor Jake Smola. Motion Carried. COUNCIL MINUTES DECEMBER 16, 1996 - 655- CITY OF KITCI:IENER Councillor G. Lorentz referred to a resolution in correspondence dated December 5, 1996 that was circulated from the City of Brampton regarding the service provided by Rogers Cablesystems. Moved by Councillor J. Lorentz Seconded by Councillor M. Wagner "That the November 25, 1996 resolution passed by the Council of the City of Brampton respecting the Canadian Radio - Television and Telecommunications Commission (CRTC) and the level of funding for local community programming by Cable Television companies be endorsed, and further, That a copy of this resolution be sent to the CRTC, the Honourable Sheila Copps, Minister of Heritage, the Honourable Paul Martin, Minister of Finance, Mr. John English, M.P. - Kitchener, Mr. Janko Peric, M.P. - Cambridge and Mr. Andrew Telegdi, M.P. - Waterloo." Carried. Councillor Jake Smola again raised the issue of water service valves and requested a report on the experience of the last five years in that regard for consideration at the meeting of the Finance and Administration Committee meeting to be held February 10, 1997. Councillor B. Vrbanovic provided information on two issues. Firstly, he advised that it was expected that the City's pitbull legislation would receive third reading by December 20 that would then allow for consideration of a draft by-law. Secondly, he noted that in regards to the St. Jerome's Fundraising Feasibility Study, a request for a proposal relative to consultant selection has proceeded. Mayor R. Christy questioned if the January 20, 1997 meeting of the Finance and Administration Committee to consider the 1997 Operating Budget could be delayed to ensure that he had an opportunity to respond on issues of concern. It was agreed that the January 20 meeting would commence at noon and continue on January 24 as previously scheduled. It was suggested that Mayor Christy advise Council of any areas of interest that he wished held over to the January 24 date. Councillor C. Weylie raised concern in regards to the problems being experienced by single parents who are not receiving child support cheques from the Province inspite of the monies having been paid into the Provincial system by the financially supporting parent. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler "That the Honourable Charles Harnick, Attorney General, be urged to take immediate measures to further expedite the processing of child-support cheques in favour of single parents experiencing financial crisis from delayed payment by the Province, and further, That a copy of this resolution be sent to the Honourable Elizabeth Witmer, Minister of Labour, Mr. Gary Leadston, M.P.P., Kitchener-Wilmot and Mr. Wayne Wettlaufer, M.P.P., Kitchener." Carried. Before considering the by-laws, Mr. R.W. Pritchard advised that the by-law listed as item 10(b) and 13(b) would be amended in accordance with the amendment to the recommendation of the Planning and Economic Development Committee report made this date in regard to Zone Change Application 96/31/TCNL. 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: DECEMBER 16, 1996 COUNCIL MINUTES CITY OF KITCHENER (a) (b) (c) (d) (e) (f) Being a by-law to amend the City of Kitchener Municipal Code - Chapter 320 imposing a special charge on classes of buildings that impose or may impose a heavy Icad on the sewer or water system Being a by-law to City of Kitchener - Being a by-law to City of Kitchener - Being a by-law to City of Kitchener - amend By-law 85-1, as amended, known as the Zoning By-law for the No. 96/31/TCNL amend By-law 85-1, as amended, known as the Zoning By-law for the Wellington Street North - No. 96/27AN/ZJ amend By-law 85-1, as amended, known as the Zoning By-law for the Bank of Montreal/Dan Brown - King Street East - No. 96/22/KNL 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 Being a by-law to amend Chapter 375 of the City of Kitchener Municipal Code with respect to Tariff of Fees Committee of Adjustment (g) 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 J. Ziegler as Chair. On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. 10. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "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 John Smola Seconded by Councillor M. Yantzi "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - No. 96/31/TC/VL (By-law No. 96-185) (b) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Wellington Street North - No. 96/27NV/ZJ (By-law No. 96-186) (c) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Bank of Montreal/Dan Brown - King Street East - No. 96/22/K/VL (By-law No. 96-187) (d) 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. 96-188) DECEMBER 16, 1996 COUNCIL MINUTES - 657- CITY OF KITCI:IENER (e) (f) Being a by-law to amend Chapter 375 of the City of Kitchener Municipal Code with respect to Tariff of Fees Committee of Adjustment To confirm all actions and proceedings of the Council (By-law No. 96-189) (By-law No. 96-190) 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 Zone Change Application ZC 96/31/TCNL (City of Kitchener) requesting a change in zoning to add new regulations to the I-2, I-3, R-6, R-7, R-8, R-9, CR-1, CR-2, CR-3 and CR-4 zones of Zoning By-law 85-1 for the purpose of requiring unobstructed rear yard access for street townhouse dwellings, be approved in the form shown in the "Proposed By-law" attached, dated November 20, 1996, as revised December 16, 1996 to include a notwithstanding clause for certain lands currently being developed by Grandview Homes, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City. (Dealt with under delegations and carried, as amended) That Zone Change Application 96/22/KNL (Bank of Montreal) requesting a change in zoning to add special regulation provision 234R to the Commercial-Residential Four Zone (CR-4), according to By-law 85-1, on Part of Park Lot 25, Registered Plan 404, and Lots 36 to 40 inclusive and Part of Lot 44, Municipal Compiled Plan of Subdivision of Lot 1, German Company Tract, for the City of Kitchener, be approved in the form shown in the attached "Proposed By-law", dated revised December 6, 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. (Dealt with under delegations and carried) 1)That City Council approve Municipal Plan Amendment MP 96/10/MP/BN attached to staff report PD 96/116, being an amendment to the City of Kitchener Municipal Plan to achieve conformity with the Regional Official Policies Plan by: (a) amending Part 1, Section 2.4 to acknowledge Regional approval of Community Plans where they are deemed to affect matters of Provincial or Regional significance. (b) amending Part 1, Section 3 to acknowledge that the Regional Population and Household Forecasts will be used by the City where appropriate for planning, infrastructure and other studies. (c) amending Part 1, Sub-Section 3.1 to include Kitchener's household figures as forecasted by the Regional Population and Household Forecasts. (d) amending Part 2, Policy 1.1.3 to delete the policy and renumber the remaining policies in this Sub-Section. (e) amending Part 2, Policy 2.1.1 to indicate that the City will cooperate with the Regional Municipality of Waterloo and Area Municipalities to develop economic strategies, produce promotional material and monitor growth. (f) amending Part 2, Policy 2.3.2.5 to reflect the Regional Municipality of Waterloo's non- involvement in Community Shopping Centres development and to acknowledge that Regional approval is necessary for Retail and Traffic Impact Studies associated with any Fairview Park Mall expansion. (g) (i) amending Part 2, Policy 4.1.6 (i) to replace it with a new policy to recognize that individual septic system will only be permitted when associated with agricultural areas and with infilling in existing unserviced developed areas where other forms of servicing are not feasible. (g) (ii) amending Part 3, Policy 3.1.1.5 to indicate that individual septic system shall only be considered as a servicing option within Limited Service Residential Districts designated at the time of approval of this Plan. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 3. Cont'd (h) amending Part 2, Policy 4.5.1.1 to indicate that the City shall require the proponent to DECEMBER 16, 1996 COUNCIL MINUTES - 659- CITY OF KITCI:IENER COUNCIL MINUTES DECEMBER 16, 1996 - 659- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL submit an environmental audit where a change in the permitted or legal use of lands is proposed on or adjacent to known, suspected or potentially contaminated sites. (i) amending the Plan to delete Part 2, Section 7 (except Policies 7.1.2.2 and 7.6.1.9) in its entirety and replace it with a new Section 7 "Natural Resources Management" appended to this report which adds two new sub-sections (Natural Habitat Network and Environmental Impact Studies), renumbers all policies and modifies some policies as highlighted in bold italic. (j) amending Part 2, Street East between the phrase "The City Policy 8.3.2.3 to indicate that new private access points onto King Sportsworld Drive and Highway 401 may be prohibited and to remove shall prohibit." (k) amending Map 6 "Nodes and Transit Corridors" to identify as Secondary Corridors Old King Street between the Grand River and Highway 401, and Benton Street/Queen Street between King Street East and Highland Road. (I) amending Part 3, Policy 3.3 to clarify where lodging houses and residential care facilities are permitted within the residential districts. (This amendment will not change the effect of the existing policies on lodging houses and residential care facilities). (m) amending Part 3. Policy 9.1.3 (i), (ii) and (iv) to increase the minimum lot size for a new farm from 35 hectares to 40 hectares and to recognize that when two or more existing farms are merged that a surplus farm-related residential unit and ancillary surplus farm buildings may be severed from the merged farm provided the dwelling is listed as a heritage resource and has a lot size of up to 1.2 hectares. (n) amending Part 3, Policy 9.1.4 (i) to recognize that land classified as Class 4 is not considered Prime Agricultural Land. (o) amending Part 3, Policy 9.1.5 to prohibit severances for the creation of new lots for non- farm residential uses except for infill purposes. (p) amending the Plan to add in Part 2 a new sub-section 8.3.4 "Regional Transportation System" which outlines the City's commitment to protect the regional transportation system and move policies 8.3.1.8 and 8.3.1.9 to this sub-section. (q) amending Part 4 of the Plan to add a new sub-section 1.9 "Planning and Development Approval Process" which is intended to ensure that the City's approval process respects policies and procedures of all levels of government. (r) amending Part 5, Schedule A to modify the definition of "Environmental Impact Study" to indicate that an Environment Impact Study will determine whether a development may proceed and identify actions to be taken in order of preference to prevent, minimize or mitigate the environmental impacts of the proposed development; and It is the opinion of this Committee that approval of this Amendment to the City's Municipal Plan is proper planning for the City. 2)That Zone Change Application ZC 96/38/TC/CL (City Initiated) increasing the minimum lot size for agriculture uses in the Agriculture Zone (A-l) be approved, in the form shown in the attached "Proposed By-law" dated November 12, 1996. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 3. (Cont'd) COUNCIL MINUTES DECEMBER 16, 1996 - 660- CITY OF KITCI:IENER COUNCIL MINUTES DECEMBER 16, 1996 - 660- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with a recommended Amendment to the City's Municipal Plan. (Action deferred and referred back to the Planning & Economic Development Committee January 13, 1997 meeting due to a necessity to re-advertise the applications) That Zone Change Application ZC 96/19/G/PB (Gerald Donnelly), rezoning lands located at 452 Greenfield Avenue from R-4 to R-5 be approved in the form shown in the attached "Proposed By- law", dated October 28, 1996, subject to the following conditions being satisfied prior to any readings of the By-law by Council: 1) That the structure be retrofitted to comply to the Ontario Fire Code legislation R.R.O. 1990, regulation 454 as amended and in particular, Section 9.5 pertaining to retrofit legislation and further, that confirmation of compliance be received from the City's Fire Chief. 2) The Owner acknowledges that Condition 1 is required to be satisfied no later than 7 months from the day of Council having approved by resolution Zone Change Application 96/19/G/PB. In the event this requirement is not fulfilled within the 7 month period, Council shall consider rescinding its Zone Change approval. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. That Zone Change Application ZC 96/27AN/ZJ (City of Kitchener) requesting an extension of the time period for Temporary Use Provision 2T on Part of Lot 42, Registered Plan 1677, be approved in the form shown in the "Proposed By-law" attached, dated October 15, 1996 without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City. 6. 1 That City Council repeal By-law 87-263, and adopt the revised Community Improvement Project Area as described on the attached Schedule "A" to staff report PD 96/84. 2) That City Council rescind the current Kitchener Downtown Community Improvement Plan, dated February 15, 1988, adopted by City Council by By-law 88-48 on March 21, 1988, and approved by the Minister of Municipal Affairs on April 28, 1988. 3) That City Council approve the Kitchener Downtown Community Improvement Plan, dated November 13, 1996, attached to staff report PD 96/84. 4) That City Council formally advise Premier Michael Harris, and the Province of Ontario that City of Kitchener relies upon Section 28 of the Planning Act as a key component of our strategy to stimulate the renewal of our Downtown, and further that Kitchener's Downtown would benefit through the amending of Section 28 (7) of the Ontario Planning Act to allow for tenant participation in certain grant programs such as the City's Facade Improvement Loan Program. 7. The Department of Planning and Development recommends: 1) Subject to the changes recommended in Sections 2 and 3 below, Council approve the attached 1997 - Post 1998 Staging of Development Report dated November 6, 1996. Further, that al.~l additional requests received for advancement in the Municipal Draft Plan Approval date or 1997 priority not be supported. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 7. Cont'd DECEMBER 16, 1996 COUNCIL MINUTES - 661- CITY OF KITCI:IENER COUNCIL MINUTES DECEMBER 16, 1996 - 661- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL 2) That the following request be added to the Staging of Development Report: That the property described as Part of Lot 12, Beasleys Broken Front Concession (Pioneer Tower Road) owned by Glenn and Pauline Reid be added as Parcel #57A for Municipal Draft Plan Approval 1997 B with the following information inserted: Number of lots Development Charge Expenditure Development Charge Revenue Park Frontage City Cost Expected Development M12 $50,000 1998 Servicing Comments: Preferred servicing scheme approved for pumping station and forcemain to Sewage Treatment Plant. Funding for this to be considered under Development Charge review. Watermain required and possible oversizing to be paid out of Development Charge. Deer Ridge Dr. to be upgraded and extended through Krizsanderson Development (#63) to the east link with existing Deer Ridge Dr. for primary access. Timing Comments: Any increase in density in Pioneer Tower West area as a result of the provision of municipal services requires approval of a concurrent Municipal Plan Amendment which will contain other development related policies as well as a resolution of all deferred Municipal Plan policies all of which will be before the OMB on Jan. 6/97. 3) That the following requests be advanced in the Staging of Development Report: a) That the request from Activa Holdings be supported and that Parcel #14 be advanced from 1997 C to Municipal Draft Plan Approval 1997 B. b) That the request from Huber be supported and that Parcel #84 be advanced from Post 1998 to Municipal Draft Plan Approval 1998. c) That the request from Vista Ridge (346874 Ontario Limited) be supported and that Parcel #98 be advanced from 1998 to Municipal Draft Plan Approval 1997 C. d) That the request from Max Becker Enterprises be supported and that Parcel #23 be advanced from 1997 C to Municipal Draft Plan Approval 1997 B. 4) That the following text changes for the following land parcels in the Staging of Development Report be approved: a) Parcel #17 - Activa Development That reference to the resubdivision of land in the Timing Comments be revised as follows: "Block 1, Stage 2 is currently under review for resubdivision for a cul-de-sac of 66 semi-detached to be processed as a modification to the draft approved subdivision plan 30T-88041 ." b) Parcel #103 - 717927 Ontario Ltd. and Adam Blucher Holdinqs Ltd. That reference to the second sentence in the Timing Comments pertaining to requirement of site decontamination be revised to read: PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) COUNCIL MINUTES DECEMBER 16, 1996 - 669- CITY OF KITCI:IENER COUNCIL MINUTES DECEMBER 16, 1996 - 669- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL 7. Cont'd "Due to the former industrial uses of this property, compliance with the 1996 Guideline for Use at Contaminated Sites in Ontario is required." That City Council confirm at this time that future plans of subdivision for the Bridgeport North Community east of Woolwich St./ Kiwanis Park Drive and north of Sunbridge Crescent will be deemed to conform to the City of Kitchener Municipal Plan Policy, Part 2, Section 4.3.2 as being provided with an acceptable level of fire protection service on the understanding that the Subdivision Agreement for such plans of subdivision includes a condition requiring the installation and maintenance of a Direct-to-Fire Alarm Monitoring system. That we approve the following with respect to a review of suggestions by the Inner City Neighbourhood Associations relative to moderating the impacts of retaining duplexing: 1) That upon written request by a Neighbourhood Association Executive accompanied by a list of signatures from 2 to 3 property owners representing each and every block proposed to be affected by the request, the Department of Planning and Development be directed to review the zoning relative to duplexing In this regard, the Department shall send a preliminary circulation letter which shall include a 'public response form' to every property owner proposed to be affected. If, at the end of the preliminary circulation, the majority of property owners support the proposed change, the Department is directed to continue processing the zone change. In the event the majority of property owners do not support the zone change, the Department of Planning and Development in consultation with the Ward Councillor, will determine whether further processing of the zone change should be undertaken; 2) That the Department of Planning and Development be directed to review the City's Building By-law to require standards for hard surface parking related to duplexes; 3) That staff of the Department of Planning and Development attend meetings of Neighbourhood Associations throughout the City as requested to discuss the by-law enforcement system; 4) That Kitchener City Council support the proposed amendments to the Building Code Act to transfer Property Standards Legislation from the Planning Act to the Building Code Act and the Minister of Municipal Affairs and Housing and Local M.P.P.'s be so advised. 5) a) That Council endorse the formation of a Focus Group with the following objectives: (i) To identify the needs of the Inner City Neighbourhoods as it relates to Property Standards and By-law Enforcement; (ii) To develop new or modify the current enforcement policies to address the identified needs of the Community, and To identify and match the Enforcement resources required to respond to the identified needs of the Community. b) That the Focus Group consist of representatives of Council, the Inner City Neighbourhood Associations and City staff, and c) That any recommendations regarding changes to the Enforcement of Property Standards and Municipal By-laws within the Inner City Neighbourhoods be brought back to Council for consideration by March 31, 1997. COUNCIL MINUTES DECEMBER 16, 1996 663- CITY OF KITCI:IENER COUNCIL MINUTES DECEMBER 16, 1996 - 663- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - That we approve a grant, in the amount of $1,500, for the Kitchener Fire Fighter Combat Challenge Team to assist with their travel to Las Vegas to compete in the North American Championships of the Combat Challenge in December 1996. That we congratulate Carol Bradley for the successful second year of the Artist in Residence Program. That staff review the issue of special events traffic control to determine ways in which community groups might handle traffic control for special events themselves, and further, That staff report to the Community Services Committee early in 1997 in this regard. That staff determine what parks or facilities in the City of Kitchener could be named after former Mayor Sid McLennan and report to the Community Services Committee. That Mr. J. Gazzola be directed to establish an inter-departmental team to deal with the issue of the future use of the land known as McLennan Park and report to the Community Services Committee in February 1997. That no action be taken with respect to the partnership proposal for the development and/or operation of the Williamsburg Crematorium as per proposal #P96-98. That smoking continue to be permitted in designated smoking areas at both golf courses, and further, That the non-smoking portion of each building be increased to a minimum of 60%, excluding the banquet facilities which would remain at the discretion of the user/renter, within the confines of the Regional Smoking By-law. (As Amended) That the Parks and Recreation 1997 Fees and Charges for Aquatic Summer Swim Passes, Auditorium and Community Arenas Ice Time, Viewing Lounge Rates for Licensed Events and Golf Courses, as presented to the Community Services Committee on December 9, 1996, be approved. That no action be taken on the request of the Kinsmen & Kinette Clubs of Canada to advertise in KIN magazine. 10. That we approve an in-kind facility rental grant, in the amount of $181.50, for the December 6th Coalition to cover half their cost of renting the City Hall Rotunda on December 6, 1996. 11. That we approve an in-kind facility rental grant for the Greek Orthodox Community, in the amount of $1,250, to cover half the cost of their use of the City Hall Rotunda in May 1996. 12. That we approve the request of Marillac Place for an in-kind grant in the amount of $204.00 to cover 50% of the rental costs of the Rotunda/Civic Square for their fundraising barbecues on October 14, 1996 and November 16, 1996. 13. That we approve the request of Parents for Wilson for an in-kind grant in the amount of $172.50 representing 50% of the cost of renting Wilson Arena for the annual Fun Fair held on June 6, 1996. 14. That no action be taken on the request of Unity in Diversity for an in-kind grant in the amount of $206.00 to cover the rental costs of the Victoria Park Pavilion on November 16, 1996. 15. That we approve an in-kind facility rental grant for the Aids Committee of Cambridge, Kitchener, Waterloo and Area, in the amount of $230.00, towards the cost of their rental of the City Hall DECEMBER 16, 1996 COUNCIL MINUTES - 664 - CITY OF KITCI:IENER COUNCIL MINUTES DECEMBER 16, 1996 - 664- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL Rotunda on February 8, 1997. COMMUNITY SERVICES COMMITTEE - (CONT'D) 16. That no action be taken on the request of Citizens Concerned About Crimes Against Children for a $2,000 operating grant, and further, That this application be referred to the Regional Municipality of Waterloo. 17. That we approve the request of the Grand Harmony Chorus (Sweet Adelines) for an in-kind grant in the amount of $282.00 to cover rental costs of the Breithaupt Centre with the funds to be charged against the 1997 General Provision Grant budget. 18. That we approve the requests of Phillips Venture's Restaurant & Gatsby's for 100 bus tickets, each, for Christmas Day, in connection with the St. John's Kitchen. (As Amended). 19. That we approve 200 children's bus passes for the Sertoma Club for their children's Christmas party on December 15, 1996. 20. That we approve the request of Camp Quality for an in-kind rental grant in the amount of $152.00 to cover half the cost of renting the City Hall Rotunda on November 30, 1996. 21. That no action be taken on the request of the Central Ontario Development Riding Program for an in-kind grant in the amount of $412.50 to cover rental costs of the Victoria Park Pavilion on October 26, 1996. 22. That we approve the request of the Kitchener-Waterloo Opera for an in-kind grant in the amount of $622.50 representing 50% of the rental fee on November 15, 1996. 23. That no action be taken on the request of Foursquare Gospel Church of Canada for an in-kind grant in the amount of $539.28 to cover facility rental costs of the Conestoga Room for 1997. 24. That no action be taken on the request of the Health Fair/International Women's Day for an in-kind grant in the amount of $663.42 to waive Rotunda rental costs involved in holding a community health fair as part of International Women's Day festivities. (Dealt with under delegations and action deferred and referred to the January 13, 1997 Community Services Committee meeting) 25. That we approve the request of the Heart & Stroke Foundation for an in-kind grant in the amount of $214.70 representing 50% of the cost of the Rotunda rental for their kick-off on February 3, 1997. 26. That no action be taken on the request of the K-W Symphony for an in-kind grant in the amount of $1,800: $1,200 in 1997 and $600 in 1998 for 3 bus charters for mid-week concerts. 27. That no action be taken on the request of the Waterloo Regional International Women's Day Committee for an in-kind grant in the amount of $663.42 for rental of the Rotunda on Saturday, March 8, 1997. (Dealt with under delegations and action deferred and referred to the January 13, 1997 Community Services Committee meeting) 28. That consideration of the 1997 General Grants be deferred and referred to the January 20, 1997 meeting of the Finance & Administration Committee. COUNCIL MINUTES DECEMBER 16, 1996 665- CITY OF KITCI:IENER COUNCIL MINUTES DECEMBER 16, 1996 - 665- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL ENVIRONMENTAL COMMITTEE - That Councillor T. Galloway be appointed Chair of the Environmental Committee for a term to expire November 30, 1997. ENVIRONMENTAL COMMITTEE - (CONT'D) That Councillor Jake Smola be appointed Vice-Chair of the Environmental Committee for a term to expire November 30, 1997. That the Kitchener Downtown Recycling Pilot Project for the collection of recyclables on a trial basis along King Street be discontinued based on the very high collection cost per tonne and the substantial levels of contamination, and further, That since recycling is a responsibility of the Region of Waterloo, any future consideration of a recyclable collection program along King Street be subject to the Region undertaking a comprehensive review of the non-availability of recycling collection to residents and businesses in the downtown and if a decision is made to provide such program, cost effective collection of recyclables along King Street be considered as an option of the program. That the Environmental Committee approve holding its 1997 meetings at 4:00 p.m. on the dates listed below: Wednesday, January 15 Wednesday, June 4 " February 5 " July 2 " March 5 " September 3 " April 2 " October 1 " May 7 " December 10" FINANCE AND ADMINISTRATION COMMITTEE - That the Manager of Licensing be delegated authority to endorse routine Monte Carlo licence applications where the application is from a Kitchener charity and the event is to be held at a Kitchener location, with all other Monte Carlo applications to be directed to Council for consideration; and further, That Council be kept informed, through a regular information item on the Finance and Administration Committee agenda, of the Monte Carlo licenses approved by staff. That no action be taken at this time on the request of Ms. E. Jeanette Aubin dated September 24, 1996 for a review of the licensing category for Certified Reflexologists, who are presently licensed under the same category as Massagists and Body Rub Parlours; and, That the Reflexology Association of Canada be encouraged to pursue obtaining Provincial registration for Reflexologists as the preferred method of dealing with Ms. Aubin's concerns; and further, That staff forward a letter to the Ministry of Municipal Affairs requesting that they remove Reflexology from the Body Rub definition in the Municipal Act, with copies of said letter to the Association of Municipalities of Ontario, local M.P.P.'s and the Reflexology Association of Canada. That Ms. Mary Drandzyk and Ms. Sherry Wolf be appointed to the Downtown Improvement Area Board of Management for a term expiring November 30, 1997, to complete the unexpired terms of Mr. Randy Jackson and Mr. Michael Lannan, both of whom have resigned. That Kitchener City Council approve the appointments of Miss Laura Kekanovich as a Community Director and Ms. Donna Billo as a Resident Director, on the Kitchener Housing Inc. -Board of Directors; and further, COUNCIL MINUTES DECEMBER 16, 1996 666- CITY OF KITCI:IENER COUNCIL MINUTES DECEMBER 16, 1996 666- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL That each of these appointments shall be for term of three years expiring November 30, 1999. That the City of Kitchener reaffirms with the Province of Ontario, it's opposition to the proliferation of gambling in Ontario; however, should the Province of Ontario unilaterally select Kitchener as the site of the Regional Charitable Casino, Council would prefer that it be located outside the boundaries of the Kitchener Downtown. FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) That effective January 1, 1997, fees for the Planning Applications listed in Appendix "A" (1997 Planning Application Fee Schedule) appended to Planning and Development Department Report PD 96/110 be increased by the amounts shown under "Traditional 1997 Fee Increase", subject to said appendix being first amended to indicate under "Permanent Signs" that fascia/canopy/projecting signs will increase from $60.00 to $65.00, and ground/pilon signs from $80.00 to $85.00, and that where required these changes be reflected in Chapter 380 (Tariff of Fees) of the Municipal Code; and further, That changes be made to the Building By-law to reflect the revisions to Building Permit Fees as indicated in Appendix "C" (By-law to Amend Chapter 710 of the City of Kitchener Municipal Code), as appended to report #PD96/110. That City Council authorize the establishing of a reserve fund for the purpose of financing external mediation services, with said fund to be financed through the contribution of a percentage of the fees collected from municipal plan amendments, zone changes, sub-divisions, minor-variance and consent applications as well as the contribution of matching funds by City Council on an annual basis; and further, That an administrative fee of ten (10) per cent of the total cost associated with the rectification of an Order issued under the Ontario Building Code Act, Chapter 650 (Lot Maintenance), or Chapter 665 (Property Standards) of the City of Kitchener Municipal Code, be charged directly to those who choose not to comply with the regulations. That further to the request of the Canadian Paraplegic Association to conduct a "gold card" door- to-door fundraising campaign in Kitchener, staff be instructed to correspond with the Association and outline the requirements of the applicable by-law including any related costs. (As Amended) LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE - That, Councillor M. Wagner be appointed Chairman of the Local Architectural Conservation Advisory Committee for a term to expire November 30, 1997. That, pursuant to Section 29 of the Ontario Heritaqe Act, the City Clerk be directed to publish a Notice of Intention to designate the property municipally known as 128 Margaret Avenue (Margaret Avenue Public School) as being of historic and architectural significance, and further, That the designation include the front (west) and the side (north and south) elevations; the roof; the roofline with flashing; the decorative brick design on the front wing facades; the precast concrete banding; all the original window openings and sills; the date stone; the north and south entrance doors and transom; the frontispiece on the front elevation excluding the front entrance door, transom and side lights. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That parking be prohibited on the west side of Breithaupt Street from Waterloo Street to a point 35 metres south of Waterloo Street, and further, DECEMBER 16, 1996 COUNCIL MINUTES - 667- CITY OF KITCI:IENER COUNCIL MINUTES DECEMBER 16, 1996 - 667- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL That the Uniform Traffic By-law be amended accordingly. That parking be prohibited anytime on the east side of Pandora Avenue from East Avenue to Melrose Avenue, and further, That the Uniform Traffic By-law be amended accordingly. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) That the City of Kitchener endorse the Regional Municipality of Waterloo's 1997 Roads Capital Program and 10 Year Capital Forecast, subject to the following adjustments: 1) the intersection improvements at Regional Road 15, King Street at Cedar Street, be advanced from 1999 to 1997 to coincide with the reconstruction of the sanitary sewer on King Street and Cedar Street; and further, 2) that King Street between Victoria Street and the C.N.R. tracks be resurfaced in 1997. That staff be directed to proceed with a new entrance/population sign containing the word "Kitchener" and the population and an icon of the Clock Tower, and further, That this sign be developed on plywood with a green background and white lettering. That the staff of the Department of Public Works be instructed to prepare a report outlining the amount of garbage which would be diverted from the landfill site if a regular yard waste pick-up were conducted during the summer months; the additional costs and/or savings involved; and further, That this report be submitted to the Environmental Committee for consideration. TWIN CITY COMMITTEE - That the Twin City Committee recommends that the eligibility criteria for Project Lift remain as it is, as this time; and further, That Project Lift report to the Twin City Committee in conjunction with its efforts to have its new dispatch system fully operational to maximize ridership and to create a base of community wide options for its future operations. COUNCIL MINUTES DECEMBER 16, 1996 - 668 - CITY OF KITCHENER COMMITTEE OF THE WHOLE BY-LAWS AS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - Licenses It was resolved: "i)That Mr. Jerry Duarte be granted a Massagist licence for the year 1996. ii)That Ms. Julie Globus be granted a Massagist licence for the year 1996. iii)That Mr. Ross Ferguson be granted a Massagist licence for the year 1996. iv) That Mr. Mark Mosgrove be granted a Massagist licence for the year 1996. v) That Mr. Daniel Reid Cummings be granted a Massagist licence for the year 1996. vi) That Mr. Paul D. Adams be granted a Massagist licence for the year 1996. vii) That the application of Mr. Steve Tavares for a Massagist licence be refused. viii) That the application of Mr. Tracey Franklin Legge for a Massagist licence be refused." -and- "That the Manager of Licensing be authorized to issue a Body Rub Parlour's Licence to Cheryl Theresa Edwards, to operate at 10 Duke Street East #5, Kitchener, as per her application dated November 26, 1996." -and- "That the City of Kitchener has no objection to the Knights of Columbus, Council No. 9276, cio St. Marks Church, 55 Driftwood Drive, Kitchener, Ontario, N2N 3A2, being granted permission to sell tickets in the City of Kitchener for the Knights of Columbus Ontario State Council's Annual Charity Car Draw to be held at the Regal Constellation Hotel, 900 Dixon Road, Etobicoke, on May 17, 1997." Offer to Purchase - Lands on Queen Street North - 1178875 Ontario Limited - CENTRE WARD This item was dealt with under Delegations relative to the Farmers' Market and Market Parking Garage. Lease - Ministerial Associates (Kitchener) Inc. This item was dealt with under Delegations, Noise By-law Exemption Request This item was dealt with under Delegations relative to the Farmers' Market and Market Parking Garage. COUNCIL MINUTES DECEMBER 16, 1996 - 669 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 5. Tenders This item was dealt with under Delegations. 6. Applications for Cancellation, Refund, Reduction or Levy of Taxes 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 K. Redman disclosed a conflict of interest and abstained from all discussion and voting in respect to item #102 (application #886) as her husband is a principal of the firm. 7. Aqreement with London Transit Commission Re: Use of Natural Gas Buses Mr. J. Shivas advised that the London Transit Commission wishes to commission its new natural gas filling station but requires access to natural gas powered buses. Mr. E. Kovacs advised that Kitchener buses would only be used for testing purposes and all costs would be assumed by London Transit. Mr. J. Gazzola advised that such reciprocal arrangements have been undertaken in the past. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement dated December 16, 1996 to permit the London Transit Commission to use City Transit natural gas buses to commission their new, natural gas filling station." Encroachment Aqreement Requests re: Siqns The Committee was in receipt of a memorandum dated December 16, 1996 from Ms. L. MacDonald. It was resolved: "That, subject to obtaining the required variances from the Sign Chapter and the issuance of a sign permit, the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner(s) and tenant of the property known as 197 King Street East, to permit the installation of a swinging, projecting sign as it encroaches 87 inches, more or less, over the King Street East road allowance." -and- "That, subject to obtaining the required variance from the Sign Chapter, LACAC approval and the issuance of a sign permit, the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner(s) and tenant of the property known as 1 King Street West, to permit the installation of two projecting signs which will encroach 32", more or less over the King Street West and Queen Street South road allowances." Festival of the Niqht re: Outdoor Restaurant Operations The Committee was in receipt of correspondence dated December 16, 1996 from the Manager of Licensing. COUNCIL MINUTES COUNCIL MINUTES DECEMBER 16, 1996 - 670- CITY OF KITCHENER COUNCIL MINUTES DECEMBER 16, 1996 - 670- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DECEMBER 16, 1996 - 670 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - CONT'D 9. Festival of the Niqht re: Outdoor Restaurant Operations (Cont'd) It was resolved: "That Nick's Subs and Gryros, the Walper Pub and Quinters be granted permission to locate along King and Gaukel Streets on December 31, 1996 during the Festival of the Night celebrations, provided that Health and Fire approvals are obtained." 10. Seasons Greetinqs Mayor R. Christy extended Seasons Greetings to all citizens, City Hall staff members and members of Council. During his remarks he read a portion of the inaugural speech given by Nelson Mandela when he became President of South Africa. 11. New Year's Levee - City Hall Rotunda Councillor B. Vrbanovic invited Kitchener residents to the New Year's Day Levee being held in the City Hall Rotunda from 2 to 4 p.m. on Wednesday, January 1, 1997.