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HomeMy WebLinkAboutCouncil Minutes - 1992-08-17COUNCIL\1992-08-17 COUNCIL MINUTES AUGUST 17, 1992 The Council of the Corporation of the City of Kitchener met this date with all members present except Mayor D.V. Cardillo. In the Mayor's absence, Acting Mayor J. Ziegler presided. On motion by Alderman M. Yantzi, the minutes of the regular meeting held July 13, 1992, as mailed to the Mayor and Aldermen, were accepted. A. Communication - Referred Directly to File (1) August 5, 1992 Clerk's Supplementary Statement on Candidates Disclosure re: November 12, 1991 Municipal Election for the Office of Aldermen - Chicopee Ward and English Language Members - Waterloo Region Roman Catholic Separate School Board Ms. Marlies Whetstone was registered as a delegation this date in support of Clause #4 of the Planning and Economic Development Committee report (Zone Change Application 92/14/H/ZJ - 26 Howe Drive), but did not address Council. Moved by Alderman C. Weylie Seconded by Alderman B. Stortz "That Clause #4 of the Planning and Economic Development Committee report of this date be adopted." Carried. Mr. Rod Fortune appeared on behalf of Monarch Construction Limited in support of Clause #5 of the Planning and Economic Development Committee report of this date (Zone Change Application 92/25/TC/JG - City of Kitchener). Moved by Alderman C. Weylie Seconded by Alderman B. Stortz "That Clause #5 of the Planning and Economic Development Committee report of this date be adopted." Carried. Mr. Anthony Stewart appeared on behalf of Eby Street residents concerning Clauses #4(g) and #16 of the Committee of the Whole Agenda of this date. Mr. Stewart asked for permission to close Eby Street from Church to Charles Streets on Saturday, August 22, 1992 from 5:00 p.m. to 12:00 midnight to allow a street dance and barbecue. In this regard, he submitted a petition signed by area residents. Mr. Stewart also asked that Council indicate it has no objection to the issuing of a lottery licence and the operation of a refreshment stand, both in conjunction with the above event. Moved by Alderman G. Leadston Seconded by Alderman M. Yantzi "That Eby Street South be closed between Charles Street West and Church Street at 5:00 p.m. to midnight on Saturday, August 22, 1992 for the purpose of a street party and that the appropriate By-law under Section 352(61) of the Municipal Act be enacted. In the event of rain, a rain date has been proposed for Saturday, September 12, 1992. And further, that the expenditure to accommodate this event be charged to the appropriate index code." - and - "That the City of Kitchener has no objection to a Lottery Licence being issued to the Cedar Hill Residents' Association to conduct a Raffle Lottery during their street party on August 22, 1992." - and - COUNCIL M/NIYFES - 472 - AUGUST 17, 1992 "That the Cedar Hill Residents' Association be granted permission to operate a refreshment stand on Eby Street or the parking lot of Eby Village, Kitchener, on Saturday, August 22, 1992, provided that the necessary Licence, Health, Fire and Traffic approvals are obtained." Carried. Mr. W.J. Stewart appeared on behalf of K-W Oktoberfest Inc. to request Council's support for the closing of Frederick Street from October 6 to October 19, 1992 in conjunction with Oktoberfest. He also asked that Council approve the issuing of Blackjack Tournament and Nevada Ticket licences as outlined in Clause #4(e) of the Committee of the Whole Agenda of this date. Moved by Alderman G. Leadston Seconded by Alderman G. Lorentz "That the City has no objection to the closing of Frederick Street from King Street to Duke Street from 8:00 p.m., Tuesday, October 6 until 8:00 a.m., Monday, October 19, 1992 in conjunction with Oktoberfest celebrations." Carried. Moved by Alderman M. Wagner Seconded by Alderman G. Leadston "That the City of Kitchener has no objection to Blackjack Tournament and Nevada Ticket Licences being issued to the Kitchener-Waterloo Oktoberfest Inc. as part of their Oktoberfest festivities at Lulu's Roadhouse, 4263 King Street East, Kitchener, on October 9-11, 15-17, 1992 and October 9-17, 1992 respectively, subject to the proceeds being used for charitable purposes." Carried. Mrs. P. Nippel appeared on behalf of the Doon Pioneer Park Community Association to request a Crossing Guard on Biehn Drive in the area of Black Walnut Drive to assist children attending either Brigadoon Public School or Blessed Kateri School. A written submission in this regard dated August 17, 1992 was circulated this date. Mrs. Nippel referred to traffic statistics and studies which indicate a significant number of vehicles exceed the legal speed limits on Biehn Drive, which has no traffic controls along its entire length. She noted that both schools referred to are scheduled to open in the fall and the majority of students, age 3 to 13 years, will walk and be required to cross Biehn Drive. She also cited concerns over child safety in light of recent abductions, and requested a Crossing Guard at the specified location. Mrs. Christine Edgar appeared concerning the location of a Crossing Guard at Biehn Drive in the area of Black Walnut Drive and echoed the comments made by Mrs. Nippel. Mrs. Edgar noted she was recently advised that school bus service would not be provided for most students attending the new schools and that no commitment had been made to provide Crossing Guards. She indicated that traffic volume and speed, as well as the security of young children, are concerns of area residents and she requested an Adult Crossing Guard commencing with the new school year. Mr. D. Snow advised that staff have considered and discussed the issue with both School Boards and referred to his report which is the substance of Clause #6 of the Public Works and Transportation Committee report of this date. He stated that it is standard procedure relative to the opening of new schools to observe existing conditions and then make recommendations. He pointed out that it may not be necessary for children to cross Biehn Drive at Black Walnut Drive and referred to an optional crossing point. Alderman J. Ziegler suggested that this process should be followed and the delegates advised in the event a Crossing Guard is not recommended. Alderman G. Leadston indicated his willingness to put forward a motion authorizing the Traffic and Parking Division to locate an Adult Crossing Guard at Biehn Drive in the area of Black Walnut Drive, subject to a monitoring period to coincide with the first school week in September. Alderman T. Galloway expressed his concern that a Crossing Guard is required from the time the school opens until the study is completed and suggested that one of the roving Crossing Guards be on duty the first day the school opens. Mr. D. Snow advised that the School Board has indicated students will be bused from the far side COUNCIL M/NUTES - 473 - AUGUST 17, 199~ of Black Walnut Drive, information inconsistent with comments made by the delegations. Mr. Snow referred to a street map showing the school district boundaries and outlined a proposed alternate crossing. In response to a question from Alderman M. Wagner, Mr. Snow advised that a Guard would be on duty the day after a need is established. Mr. Snow stated that the schools will be advised of the location of an interim Guard who will be assigned on the second school day. Moved by Alderman T. Galloway Seconded by Alderman G. Leadston "That staff be directed to locate one of the roving Crossing Guards at Biehn Drive in the area of Black Walnut Drive on the first day of classes at Brigadoon Public School and Blessed Kateri School, pending completion of an appropriate staff study." MOTION LOST. Mr. Richard Payette, Hidden Valley Road, appeared concerning Council's July 13, 1992 approval of revisions to Condition 65 of the Plan of Subdivision for Vace Farms Limited (Hidden Valley) and outlined events leading to Council's decision. He noted that revising Condition 65, thereby granting permission to construct 15 homes without the provision of mandatory emergency access, directly contravenes not only the Region's Secondary Emergency Access Policy but also the City's Emergency Access and Multiple Unit Identification Policy. Mr. Payette also expressed concern that this decision was made without consulting any of the current residents of Hidden Valley Road or the Community Liaison Committee which assisted in drafting a community plan for the Hidden Valley Subdivision. He pointed out that residents were only informed of the decision when it appeared in the local newspaper. Mr. Payette asked that Council rescind its July 17th decision with respect to Condition 65. It was noted that a Notice of Motion is required by Council in order to reconsider its earlier decision and it was suggested that Mr. Payette attend an August 18th meeting at the Region of Waterloo in regard to the above issue. Ms. Wendy Smith and Mr. James Mclnnis appeared on behalf of The Mutual Group to request approval of temporary occupancy on vacant lands in the area of King Street West and the Mount Hope Cemetery for the purpose of constructing a parking lot. A presentation brief relative to the request was circulated this date. Alderman B. Stortz disclosed a conflict of interest and abstained from all voting and discussion as his wife is employed by The Mutual Group. Mr. Mclnnis pointed out that a Zone Change Application has been filed, but the company would like to complete the lot before winter. He indicated that he has worked with City Staff in this regard and described the proposed lot. Mr. S. Klapman indicated that the Planning and Development Department has no objection to a temporary occupancy and advised that the Zone Change Application is now on circulation and to date only two responses have been received and no objections. Moved by Alderman M. Yantzi Seconded by Alderman M. Wagner "That enforcement of the City's Zoning By-law be waived with respect to the vacant lands at the intersection of King Street and Mt. Hope Street in order to allow The Mutual Group to construct a parking lot, and that temporary occupancy be approved subject to the occupants vacating the said premises in the event their Zone Change Application is not approved by City Council or by the Ontario Municipal Board in a form which would permit the said use, and further, That in the event of failure to vacate as required, the City's Zoning Inspector be directed to commence Notice of Action to remove the illegal use and that any work done to the premises is at the sole risk and responsibility of the owner in the event losses are incurred if the Zone Change Application is not approved." Carried. Alderman B. Stortz previously disclosed a conflict of interest and abstained from all voting and discussion as his wife is employed by The Mutual Group. COUNCIL M/NIYFES - 474 - AUGUST 17, 1992 Mr. Denny Cybalski appeared on behalf of the J.C. Group to request approval of a temporary occupancy for 1120 Victoria Street North. Council was previously in receipt of a letter from Mr. Cybalski dated August 12, 1992. Mr. Cybalski indicated that two uses would be involved; one for a pet food store and the second for a variety store, both at the above address. He also advised that the Planning and Development Department is in the process of amending the M3 Zoning to permit these uses. Moved by Alderman C. Zehr Seconded by Alderman M. Wagner "That enforcement of the City's Zoning By-law be waived with respect to the pet food and variety store uses at 1120 Victoria Street North and that temporary occupancy be approved for both, subject to the occupants vacating the said premises in the event the Zone Change Application is not approved by Council or the Ontario Municipal Board in a form which would permit the said uses, and further, That in the event of failure to vacate as required, the City's Zoning Inspector be directed to commence Notice of Action to remove the illegal uses and that any work done to the premises is at the sole risk and responsibility of the owner in the event losses are incurred if the Zone Change Application is not approved." Carried. Ms. Cheryll Lee Foon appeared concerning a commercial trailer parked on vacant lands on Blackhorne Drive since the Spring of 1992. Council viewed a video in this regard and Ms. Foon presented a petition from residents expressing concern and frustration over the alleged zoning infraction. Ms. Foon advised that the London developer responsible has ignored requests to remove the trailer, which is covered with graffiti and is inappropriate within the context of a residential neighbourhood. She also expressed frustration over the apparent lack of enforcement with regard to the City's Property Standards By-law. She stated that, in her opinion, the trailer is illegal and dangerous and asked that Council remove it immediately at the expense of the owner. Mr. K. Tribby confirmed that the owner has been notified of the violation and has made no efforts to remove the trailer. In response to a question from Alderman Zehr, Mr. Tribby indicated the owner was first notified on June 24 of this year. Mr. J. Wallace asked that Legal staff be given an opportunity to further investigate the circumstances and report at the earliest opportunity. He pointed out that an existing by-law may apply in this case and Alderman J. Ziegler asked that, if so, the matter be considered by Council at the September 21 meeting. Ms. C. Ladd reported that a site plan relative to the subject property was approved in 1988 and a development agreement has been executed but not registered on title. She noted that site development has been on hold for approximately one year. Alderman T. Galloway suggested that the owner has no intention of removing the trailer and is deliberately provoking both the City and the neighbourhood residents as a result of a recent Ontario Municipal Board hearing. He suggested that the City's by-law enforcement authority is far too weak and should be strengthened accordingly. In response to a question from Alderman G. Lorentz concerning a possible contravention of the Lot Clearing By-law, Mr. Tribby advised that the current licensing status of the trailer is unknown, but if the plates were not current the vehicle would be derelict and subject to the by-law. Alderman J. Ziegler inquired whether the owner has been advised to clear the lot of debris and Mr. Tribby replied that he was not aware of any such action. Alderman Ziegler asked that this be looked into immediately. Moved by Alderman M. Yantzi Seconded by Alderman G. Leadston "That, subject to the owner being provided with appropriate notice, staff be directed to cut the weeds and remove the commercial trailer on vacant lands on Blackhorne Drive as soon as possible." COUNCIL M/NIYFES - 475 - AUGUST 17, 1992 Carried. Mr. Douglas Pollington appeared and requested Council's permission to circulate petitions in support of Bill C-330 at various City facilities. He explained that the Bill would amend the Criminal Code and the Parole Act with respect to victims rights and the sentencing and parole of persons convicted of first degree murder. He also noted that 16 years ago this date his three children were murdered. Alderman Zehr requested clarification as to whether Mr. Pollington is also asking for Council's endorsement of the petition. Mr. Pollington replied that he is willing to limit his request to the circulating of petitions, but would appreciate an endorsement similar to that provided by the City of Hamilton. Alderman M. Yantzi expressed concern over other similar requests from individuals and organizations. Alderman C. Zehr inquired whether the City has a policy on the circulating of petitions and whether this has been allowed in the past. Mr. R. Freeborn replied that the City has no such policy, nor did he recall permission being given in the past. Moved by Alderman M. Yantzi Seconded by Alderman M. Wagner "That no action be taken on the request of Mr. Douglas Pollington for permission to circulate petitions in support of Bill C-330 at City facilities, and for endorsement of said petition by the municipality ." Alderman G. Lorentz indicated his willingness to put forward a motion both endorsing the petition and agreeing to the circulation in the event Alderman Yantzi's motion was defeated. Alderman G. Leadston questioned why the City would not allow posting of the petition as it presently accepts all manner of postings in its facilities. Alderman M. Wagner suggested that it is inappro- priate to use City facilities to judge ethics and morality and requested time to examine the issue and its ramifications in more detail. Alderman B. Stortz suggested that a draft policy concerning the circulation of petitions should be debated at the Finance and Administration Committee. Alderman G. Lorentz pointed out that taxpayers money is used to construct the facility and Council should allow its use for the circulation proposed. Alderman M. Yantzi cautioned that Council has no jurisdiction in this area and should investigate the matter further. A recorded vote was requested. The motion by Alderman M. Yantzi to take no action on endorsing the petition or allowing its circulation in City facilities was voted on. IN FAVOUR: Aldermen M. Yantzi, M. Wagner and C. Zehr. CONTRA: Aldermen G. Lorentz, B. Stortz, J. Smola, G. Leadston, J. Ziegler, T. Galloway and C. Weylie. MOTION LOST. Moved by Alderman G. Lorentz Seconded by Alderman T. Galloway "That Council accede to the request of Mr. Douglas Pollington to allow the circulation of a petition in support of Bill C-330 at City facilities." IN FAVOUR: Aldermen G. Lorentz, B. Stortz, J. Smola, G. Leadston, J. Ziegler, T. Galloway and C. Weylie. CONTRA: Aldermen M. Yantzi, M. Wagner and C. Zehr. Carried. Moved by Alderman G. Lorentz Seconded by Alderman T. Galloway "That Council endorse the petition of Mr. Douglas Pollington with respect to support of Bill C-330." COUNCIL M/NIYFES - 476 - AUGUST 17, 1992 IN FAVOUR: Aldermen G. Lorentz, B. Stortz, J. Smola, G. Leadston, J. Ziegler, T. Galloway and C. Weylie. CONTRA: Aldermen M. Yantzi, M. Wagner and C. Zehr. Carried. Moved by Alderman B. Stortz Seconded by Alderman T. Galloway "That consideration of a City policy with respect to the circulation of petitions at City facilities be referred to a future meeting of the Finance and Administration Committee." Carried. Mr. J.E. Arbuckle appeared concerning an application for a Compliance Audit of the election campaign finances of Dominic V.P. Cardillo. Mr. L. Neil advised that the Clerk's Office was in receipt of a letter from Mayor Cardillo dated August 11, 1992, disclosing a conflict of interest and declaring he will not participate in any discussion or voting concerning this matter as his campaign finances are the subject of the audit request. Mr. Arbuckle advised that he was the Chief Financial Officer for Dominic V.P. Cardillo during the 1991 Municipal Election and referred to the alleged inconsistencies between the candidate's financial statement and spending practices referred to in the audit application. He also referred to documents previously circulated in support of the financial statement as submitted. With regard to the use of grocery bags for advertising purposes, he explained that the legislation requires the statement to record the cost of advertising only and not the price of the bags. He suggested that the problem arises from a misinterpretation of the legislation and referred to an earlier discussion with Mr. George Manios, Director of Policy and Communications for the Commission on Election Finances. Mr. Arbuckle stated that he was informed by Mr. Manios that if the bags are used for groceries then advertising is an ancillary use and is the only relevant cost for purposes of the financial statement. Mr. Arbuckle pointed out that an audit of the statement has already been completed by Coopers Lybrand and a second audit would accomplish little. He stated that to the best of his knowledge full documentation was provided with none of the inconsistency alleged by the applicant. Moved by Alderman C. Zehr Seconded by Alderman J. Smola "That Council take no action on the application of Laurie Voigt for a Compliance Audit of the Election Campaign Finances of the registered candidate, Dominic V.P. Cardillo, pursuant to the Municipal Elections Act." Carried, unanimously. Mr. Edward Simms registered as a delegation this date concerning Item B.18 on the Committee of the Whole Agenda relative to a local improvement petition, but did not address Council. Moved by Alderman B. Stortz Seconded by Alderman T. Galloway "That subject to the City obtaining an easement from all property owners and to the approval of the Ontario Municipal Board, we grant the petition of Mr. Ed Simms et al, for construction of sanitary sewers and connections on the east side of Sportsworld Drive, between Gateway Park Drive and King Street East, pursuant to the Local Improvement Act." Carried. Mr. Paul Grespan appeared concerning Clause #6 of the Planning and Economic Development Committee report of this date relative to the proposed Grand River Trunk Study and the Private Servicing Amendment to the Regional Official Plan. Mr. Grespan circulated resolutions this date concerning the above and requested their adoption by Council. Alderman J. Ziegler pointed out that the subject resolutions reflect discussion at the Planning and Economic Development Committee. Moved by Alderman C. Zehr COUNCIL M/NIYFES - 477 - AUGUST 17, 1992 Seconded by Alderman G. Lorentz "That Kitchener Council support the recommendation of City Staff contained in Staff Report PD 79/92 to defer the Private Servicing Amendment to the Regional Official Plan, and further, That should Regional Staff recommend a further study with respect to the Grand River Trunk Study, that this recommendation be deferred for the same reasons set out in Staff Report PD 79/92, and further, That prior to any action being taken on the Grand River Trunk Sewer, Kitchener first study sewer capacity in the City of Kitchener system with any available capacity being allocated to Kitchener lands on a priority basis." Carried. Mr. Steven Cameron appeared on behalf of Freure Homes Limited with respect to the Countryside Subdivision. He advised that his client has signed an agreement with the City for preservicing of the subdivision and that all Provincial approvals relative to the Freure lands have been obtained. He noted that the subdivision was recently marketed, with 30 sales since June 30, 1992. Mr. Cameron pointed out that the servicing contractor has no work at present and wishes to proceed at this time pending receipt of a Letter of Credit. He read an excerpt from a letter indicating that approval of financing would be forthcoming by September 4, 1992. He asked that Council accept a postdated cheque or other appropriate security for up to three weeks in order to allow servicing to proceed. Mr. J. Wallace advised that the request is precedent setting as it has not been the City's practice to allow preservicing prior to registration of the Plan of Subdivision. He suggested that a collateral mortgage would be satisfactory on an interim basis in place of the Letter of Credit which comprises 60% of the estimated servicing costs. He also noted that Mr. D. Suzuki has indicated all approvals are in place. Moved by Alderman G. Leadston Seconded by Alderman M. Wagner "That Council accede to the request of Freure Homes Limited to begin preservicing of the Countryside development (Subdivision 30T-90019) at Ottawa Street South and Fischer-Hallman Road, subject to the developer providing the City with a collateral mortgage for a period of up to three weeks as alternate security, and on an interim basis, prior to the filing of the standard Letter of Credit." Carried. Council was in receipt this date of a letter from Ms. Lesley MacDonald, Assistant City Solicitor, dated August 17, 1992 concerning a proposed amendment to Clause #11 of the Planning and Economic Development Committee report of this date dealing with the City's new Sign By-law. It was noted in the letter that the draft by-law had also been amended as regards the delegation of authority in order to facilitate successful enforcement. Moved by Alderman C. Weylie Seconded by Alderman B. Stortz "That Clause #11 of the Planning and Economic Development Committee report of this date be adopted, including an amendment to the end of subsection 1 by adding the words 'and being displayed only in those zones and for those uses previously allowed by Chapter 680 of The City of Kitchener Municipal Code, specifically Industrial and Commercial Zones; and car wash, serivce station and gas bar uses'." Carried. Alderman J. Ziegler reminded delegations in attendance relative to the recent hiring of City Firefighters of the 5 minute presentation limit. He also advised that due to a complaint recently lodged with the Human Rights Commission, the City Solicitor has advised that neither staff nor Council entertain any questions or make any comment at this time. Mr. Jake Smola appeared as a spokesman for People Promoting Equal Treatment for Employment and asked that the time limit for his presentation be extended from 5 to 15 minutes. Moved by Alderman J. Smola COUNCIL M/NIYFES - 478 - AUGUST 17, 1992 Seconded by Alderman T. Galloway "That Mr. Jake Smola be allowed 15 minutes for his presentation relative to the recent hiring of City Firefighters." Carried. Mr. Smola suggested that the public perceives the hiring practices for firefighters as discriminating against white males. He reviewed in detail the procedures followed by City Administration in administering and analyzing test results, as well as initiatives undertaken with respect to employment equity and affirmative action programs. He read from several documents distributed on and following recruitment day which indicate that information relative to the race and sex of the applicant is not a factor in the selection process. He referred to a letter which he received from Ms. K. Gingrich regarding the test date and procedures and noted that he was advised that following the first test the highest scoring candidates would proceed to the next level. Mr. Smola also noted that his test analysis contains the code "M-W" indicating he is male and white and that this information was gathered from the test answer sheet. Mr. Smola pointed out that effective March 6, 1989 the City was operating under Special Program #78 and he read from a letter outlining conditions for the operation of the program. He also referred to a City memo to the Human Rights Committee indicating that information relative to race and sex was gathered in confidence and would not be used in assessing applications. Mr. Smola outlined the percentages used in 1991 and 1992 to determine whether applicants would proceed beyond test #1. On the basis that the percentages required by women and visible minorities in both written and physical tests are lower than those required by white males, Mr. Smola alleged that the City is using a double standard and deliberately lowering its requirements to unfairly favour women and visible minority applicants. Mr. Smola pointed out that Bill 79 (Employment Equity) has only received first reading in the Legislature and is not law. He added that if and when the Bill is passed it must be implemented in a fair and equitable manner. He referred to the goals of a municipal councillor and read a policy resolution relative to employment equity dated October 28, 1991 which he alleged is contrary to Section 5 of the Human Rights Code and was not applied uniformly to all City Departments. Similarly, he alleged that the affirmative action policy is vague and not uniformly applied. In addition, he noted that the ethnicity information on the City's employment application is considered confidential and access is restricted to the Employment Equity Officer, yet the City's Employment Recruiter was given access to this information. Mr. Smola read the Statement of Intent of the Mayor's Race Relation Committee as it relates to discrimination and suggested that it does not exclude white males. Mr. Smola drew Council's attention to a petition recently circulated throughout Ontario which he indicated contains 4,460 signatures to date. He indicated he was not willing to leave the petition with the City Clerk for copying, but agreed to allow its inspection in his presence. He also read the questions on a recently circulated questionnaire and summarized the results. Mr. Smola pointed out that Fire Chief Hancock had publicly stated the highest scoring applicants in test #1 would proceed to the second test and, on this basis, asked that the hiring process be stopped immediately and all those applicants achieving 78% on test #1 and 80% on test #2 be allowed to proceed and be considered for hiring. He stated that the goals of the organization which he represents are to encourage the City to admit to unfair hiring practices, to obtain clarification regarding the City's employment equity policy and to join the Race Relations Committee on Employment Equity Advisory Group. In addition, he stated that the organization favours zero tolerance in discrimination. Mr. Mike Ramsay appeared as a private citizen relative to the hiring practices for firefighters and stressed that he is not representing the Waterloo County Board of Education nor any other government agency. He referred to the dictionary definition of "discrimination", stating that discrimination is an insult to minorities and the most qualified individual should be hired regardless of race or sex. Mr. Laverne Gooding appeared concerning the hiring practices for firefighters and referred to his written submission, which is appended to the Council agenda of this date. Mr. Gooding advised that he does not support such hiring practices and expressed his concern that a similar policy would be adopted by other public and private organizations. He stated that, in his opinion, minority representatives often feel insulted and degraded by separate and lower hiring standards. Mr. Gooding outlined the advantages and disadvantages of two level testing as presented in his written submission. He suggested that more could be done to enhance the City's Outreach Program as an alternative to the present hiring practice. Mr. Gooding then outlined a scenario involving the application to City Council of the hiring practices recently used with respect to firefighters. He asked that Council COUNCIL M/NIYFES - 479 - AUGUST 17, 1992 admit that a mistake was made and correct these practices appropriately, and that any committee formed to review hiring practices or implement new legislation include representatives from the various interest groups involved. In addition, he asked that the City adhere to a strict timetable in reviewing its hiring practices and not be swayed by the tentative timetable for proposed legislation. Alderman J. Ziegler referred Mr. Gooding to Clause #7 of the Finance and Administration Committee report of this date which recommends a review of the hiring process and the City's employment equity initiatives. Ms. Leona Hool appeared and expressed indignation over the implication in the City's policy that women are neither clever nor qualified enough to compete with white males. She expressed concern that the City's employment equity initiatives are setting a poor example. Mr. Philip Fernandez appeared on behalf of the Race Relations Committee of Kitchener-Waterloo and presented the organization's vision of employment equity. He also circulated this date a presentation brief dated August 17, 1992. Mr. Fernandez pointed out that the goal of employment equity is to make all levels of the workforce representative of the local population. He referred to myths surrounding employment equity, namely, that this initiative is unnecessary as there is little or no discrimination in Canada, that individuals hired under such a program are not qualified and, as a result, are currently under-represented in the workforce and that employment equity constitute reverse discrimination. Mr. Fernandez referred to the components of an employment equity program and indicated that the Race Relations Committee strongly supports Council in the implementation of such initiatives. Mr. Steven Hinschberger appeared concerning the hiring practices for firefighters. He referred to a July 13, 1992 motion instructing staff to develop hiring practices based on merit, which was subsequently defeated. In addition, he noted that on December 17, 1990 Council adopted a Civic Administration Committee report relative to the adoption of a Human Resources Policy Manual, a section of which indicates that hiring will be based on merit. Mr. Hinschberger questioned why Council would subsequently defeat its own policy resolution with regard to merit hiring. Mr. Gelu Zama appeared concerning the hiring practices for firefighters and urged Council to develop policies to treat all citizens equally. Mr. Mark Eady appeared in his capacity as a Kitchener taxpayer and expressed the opinion that employment equity and affirmative action programs are discriminatory. He urged Council not to listen to the vocal few but to the majority of taxpayers and questioned when the present Aldermen would be willing to quit their jobs in order to allow a woman or member of a minority to take their place. Ms. Denise McRae appeared as a Kitchener taxpayer and stated that residents feel they have been failed by City Council in its handling of the firefighter hiring practice. She indicated that employers should not have to lower their standards in order to hire female and minority applicants, since as a woman she preferred to be hired on her own merits. Ms. McRae indicated that she supports employment equity initiatives but not in the manner demonstrated by the City. Mr. Mario Deschambs appeared concerning the hiring practices for firefighters and indicated that he had written test #1 but was not allowed to proceed to test #2. He referred to his extensive work experience and educational back-ground in the area of fire prevention technology and expressed the opinion that resumes were not considered in the selection process, applicants were not treated equally and that he was not adequately considered for the position. Mr. David Maxwell appeared concerning the hiring practices for firefighters and indicated that his family is inter-racial and have experienced discrimination first hand. He urged Council to make a conscious decision as to whether or not the community would allow discrimination and noted that, in his opinion, Canada had achieved one of the world's highest standards of living based on all races working together to achieve this goal. He stated that the employment equity policy of the City is inaccurate and questioned what the reaction would be if visible minorities were required to achieve a 20% higher standard than white males. He urged Council not to penalize any single group but to allow all individuals equal access in the hiring process, suggesting that fairness is a gut instinct and not an academic conclusion. Ms. Kim Smola appeared concerning the hiring practices for firefighters and indicated that she had spent a great deal of time in researching the issue at the Provincial and municipal level, work which should have been done by staff and Council. She indicated that employment equity personnel at the Provincial level expressed concern to her over Kitchener's use of what she termed "bad judgement". She suggested that employment equity is not presently legislated and that Kitchener acted unilaterally in developing its current policy and practices. COUNCIL M/NIYFES - 480 - AUGUST 17, 1992 Mr. Wes Kirk appeared concerning the hiring practices for firefighters and expressed concern that a dangerous situation may exist, wherein citizens safety may be jeopardized based on the practice of hiring individuals who are not necessarily the best qualified. Mr. Junius Lockhart appeared concerning the issue of employment equity and discrimination in the Kitchener-Waterloo area. He related his personal experience in this regard and expressed the hope that the City would be able to amicably resolve these conflicts. Mr. Jake Smola asked for and was granted permission to speak a second time on behalf of an unidentified taxpayer. He pointed out that the collective salaries of the City staff directly involved in the development and implemen-tation of an employment equity program would suggest a higher level of expertise and indicated that Council should inquire into the qualifications of these individuals in light of the employment equity policy developed. Moved by Alderman C. Weylie Seconded by Alderman B. Stortz "That the report of the Planning and Economic Development Committee of Council of this date be adopted." Voted on Clause by Clause. Clauses #4 and #5 - Dealt with under delegations and Carried. Clause #11 amended. Dealt with under delegations and Carried, as Balance of Report - Carried. Moved by Alderman C. Zehr Seconded by Alderman B. Stortz "That the report of the Finance and Administration Committee of this date be adopted." Alderman C. Zehr asked that Clause #4 be amended to specify that the tax relief implied relates to the City's portion only. He also asked that copies of the resolution and any other relevant information be forwarded to both School Boards and the Region of Waterloo. Alderman T. Galloway asked that Clause #7 of the report be amended so as to remove the last 3 1/2 lines of paragraph 4. He also suggested that a review of the City's hiring practices should be undertaken well in advance of any hiring of additional firefighters. Moved by Alderman T. Galloway Seconded by Alderman G. Leadston "That Clause #7 of the Finance and Administration Committee report of this date be amended so as to delete the words '...the Province's new Employment Equity legislation. Such review shall be conducted as soon as the proposed legislation and regulations are enacted.' and in their place indicate that Council will determine any additional review committee representatives." Alderman B. Stortz expressed his understanding that the motion is not directly related to the recent hiring of firefighters but rather to the new legislation. Alderman T. Galloway replied that his intent was that it apply generally to all City hiring practices of which the firefighter hiring is a part. The motion to amend Clause #7 of the Finance and Administration Committee report of this date was then voted on and Carried, unanimously. The report was then put to a vote. Voted on Clause by Clause. Clauses #4 and #7 - Carried, as amended. Balance of Report - Carried. COUNCIL M/NIYFES - 481 - AUGUST 17, 1999 Moved by Alderman C. Zehr Seconded by Alderman B. Stortz "That the report of the City Hall Steering Committee of this date be adopted." Alderman G. Lorentz requested a deferral of Item #1 in order to allow further discussion as to the future of existing Canteen and staff. Moved by Alderman G. Lorentz Seconded by Alderman J. Smola "That consideration of Clause #1 of the City Hall Steering Committee report of this date concerning the operation of the Canteen in the new City Hall be deferred and referred to the September 14, 1992 meeting of the City Hall Steering Committee pending further discussion with the staff affected." Carried. The report was then put to a vote. Voted on Clause by Clause. Clause #1 - Action deferred and referred to the September 14, 1992 meeting of the City Hall Steering Committee pending further discussion with staff. Balance of Report - Carried. Moved by Alderman G. Lorentz Seconded by Alderman J. Smola "That the report of the Community Services Committee of this date be adopted." Carried. Moved by Alderman G. Lorentz Seconded by Alderman J. Smola "That the report of the special Committee of the Whole (July 13, 1992) of this date be adopted." Alderman G. Lorentz indicated that he was unable to attend the July 13th meeting due to prior commitments and was upset with the recommendation to defer consideration of the Double A Franchise. He suggested that a 4 week deferral to allow the receipt of further information and a full discussion of the options prior to making a final decision would have been preferable. Alderman C. Zehr replied that the rationale used was that Council was not prepared to spend capital funds to upgrade facilities to professional standards. He further indicated that if the information is still available and the circumstances have changed favourably it is likely that Council would be willing to re-open discussion. The report was then put to a vote and Carried. Moved by Alderman J. Smola Seconded by Alderman M. Wagner "That the report of the Public Works and Transportation Committee of this date be adopted." Carried. Alderman C. Zehr referred to the Council resolution of July 13, 1992 (Page 431) concerning withdrawal of an appeal to Zoning By-laws 92-128 and 92-129. Alderman J. Smola disclosed a conflict of interest and abstained from all voting and discussion as he works for Mr. W. Ferguson, M.P.P., who was a consultant for Mr. G. Olinskie. Alderman C. Zehr asked that reference in the motion to a July 14, 1992 deadline for withdrawal of the appeal be removed. COUNCIL M/NIYFES - 482 - AUGUST 17, 1992 Moved by Alderman C. Zehr Seconded by Alderman B. Stortz "That the July 13, 1992 Council resolution (Page 431) be amended so as to delete 'by July 14, 1992.' relative to an appeal to Zoning By-laws 92-128 and 92-129." Carried. Alderman J. Smola previously disclosed a conflict of interest and abstained from all voting and discussion as he works for Mr. W. Ferguson, M.P.P., who was a consultant for Mr. G. Olinskie. Moved by Alderman B. Stortz Seconded by Alderman C. Zehr "That Mr. John Campbell of Wier & Foulds be authorized to commence legal action against the Guardian Insurance Company with respect to the actions against the City of Kitchener and others respecting the Regional Landfill Site on Ottawa Street South known as McLennan Park." Carried. Alderman B. Stortz referred to an incident at 6:45 a.m. on August 2, 1992 involving a major band competition at the Kitchener Memorial Auditorium. He indicated that neighbours were upset by unacceptable noise levels as a result of practice by the competitors. Moved by Alderman B. Stortz Seconded by Alderman M. Yantzi "That the Director of Business Facilities investigate and report to the Community Services Committee at a future date on the circumstances surrounding a major band competition at the Kitchener Memorial Auditorium Complex on August 2, 1992 where complaints were received from neighbours due to unacceptable noise levels at an early morning practice." Carried. Alderman M. Yantzi thanked members of Council for their support in co-hosting a recent reception for the Ontario Alsace Association. Moved by Alderman M. Wagner Seconded by Alderman G. Leadston "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to close Eby Street South for vehicular traffic on a temporary basis for social, recreational, community or athletic purposes (b) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities (c) To further amend By-law No. 88-173, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (d) To further amend By-law No. 88-173, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (e) Being a by-law to amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof (f) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (g) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon COUNCIL M/NIYFES - 483 - AUGUST 17, 1992 (h) Being a by-law to provide for the establishing and laying out of part of Erinbrook Drive as a public highway in the City of Kitchener (i) Being a by-law to provide for the establishing and laying out of part of Hedgestone Crescent as a public highway in the City of Kitchener (J) Being a by-law to exempt a certain lot from Part Lot Control - Lot 6, Registered Plan 1307 - Baird Avenue (k) Being a by-law to exempt a certain lot from Part Lot Control - Lot 27, Registered Plan 1739 - Bankside Drive Being a by-law to exempt a certain lot from Part Lot Control - Part Block 107, Registered Plan 1678 - Brembel Street (m) Being a by-law to exempt a certain lot from Part Lot Control - Lots 11 and 12, Registered Plan 1730 - Tamvale Crescent (n) Being a by-law to fully repeal By-law Number 90-108 - Lot 85, Registered Plan 1713 - Benesfort Drive (o) Being a by-law to fully repeal By-law Number 90-115 - Lot 17, Registered Plan 1713 - Benesfort Crescent (P) Being a by-law to fully repeal By-law Number 90-116 - Lots 33 to 41 inclusive and Lots 46 to 49 inclusive, Registered Plan 1713 - Benesfort Court (q) Being a by-law to amend By-law 4830 known as the Zoning By-law - 849374 Ontario Limited - Old Chicopee Drive and Woolner Drive - #90/34/O/JW 8. (Cont'd) (r) Being a by-law to amend By-law 4830 known as the Zoning By-law - Lena Bremner - Madison Avenue North - #92/09/M/PMc (s) Being a by-law to amend By-law 85-1 - City of Kitchener - University Avenue and Fischer- Hallman Road - 92/25/TC/JG (t) Being a by-law to amend By-laws 4830 and 92-57 known as the Zoning By-law - Christian Horizons - Kilbirnie Court - 92/27/TC/JG (u) Being a by-law to amend By-law 4830 known as the Zoning By-law - Violet Dorscht - Lang Crescent - #92/34/L/JW (v) Being a by-law to control and regulate signs (w) 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 Acting Mayor J. Ziegler appointed Alderman M. Yantzi as Chairman. On motion, the Council rose from the Committee of the Whole and Acting Mayor J. Ziegler occupied the Chair. Moved by Alderman M. Yantzi Seconded by Alderman C. Weylie "That the proceedings and the recorded conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes, be and the same are COUNCIL ~VHNUTES hereby adopted and confirmed." - 484- 10. Moved by Alderman W. Wagner Seconded by Alderman G. Leadston "That the by-laws listed on the agenda for third reading, namely: (a) AUGUST 17, 199~ Carried. Being a by-law to close and sell part of a public highway known as Brookfield Boulevard in the City of Kitchener (By-law No. 92-180) (b) 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 load on the sewer or water system (By-law No. 92-181 ) (c) Being a by-law to approve a Capital Expenditure for the purchase of seven urban buses at an estimated cost of $1,785,000.00 and for the borrowing of money therefor (By-law No. 92-182) (d) Being a by-law to close Eby Street South for vehicular traffic on a temporary basis for social, recreational, community or athletic purposes (By-law No. 92-183) (e) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities (By-law No. 92-184) 10. (Cont'd) (f) To further amend By-law No. 88-173, 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. 92-185) (g) To further amend By-law No. 88-173, 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. 92-186) (h) Being a by-law to amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof (By-law No. 92-187) (i) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (By-law No. 92-188) (j) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (By-law No. 92-189) (k) Being a by-law to provide for the establishing and laying out of part of Erinbrook Drive as a public highway in the City of Kitchener COUNCIL M/NIYFES - 485 - AUGUST 17, 1992 (By-law No. 92-190) (I) Being a by-law to provide for the establishing and laying out of part of Hedgestone Crescent as a public highway in the City of Kitchener (By-law No. 92-191 ) (m) Being a by-law to exempt a certain lot from Part Lot Control - Lot 6, Registered Plan 1307 - Baird Avenue (By-law No. 92-192) (n) Being a by-law to exempt a certain lot from Part Lot Control - Lot 27, Registered Plan 1739 - Bankside Drive (By-law No. 92-193) (o) Being a by-law to exempt a certain lot from Part Lot Control - Part Block 107, Registered Plan 1678 - Brembel Street (By-law No. 92-194) (p) Being a by-law to exempt a certain lot from Part Lot Control - Lots 11 and 12, Registered Plan 1730 - Tamvale Crescent (By-law No. 92-195) (q) Being a by-law to fully repeal By-law Number 90-108 - Lot 85, Registered Plan 1713 - Benesfort Drive (By-law No. 92-196) (r) Being a by-law to fully repeal By-law Number 90-115 - Lot 17, Registered Plan 1713 - Benesfort Crescent (By-law No. 92-197) 10. (Cont'd) (s) Being a by-law to fully repeal By-law Number 90-116 - Lots 33 to 41 inclusive and Lots 46 to 49 inclusive, Registered Plan 1713 - Benesfort Court (By-law No. 92-198) (t) Being a by-law to amend By-law 4830 known as the Zoning By-law - 849374 Ontario Limited - Old Chicopee Drive and Woolner Drive - #90/34/O/JW (By-law No. 92-199) (u) Being a by-law to amend By-law 4830 known as the Zoning By-law - Lena Bremner - Madison Avenue North - #92/09/M/PMc (By-law No. 92-200) (v) Being a by-law to amend By-law 85-1 - City of Kitchener - University Avenue and Fischer- Hallman Road - 92/25/TC/JG (By-law No. 92-201) (w) Being a by-law to amend By-laws 4830 and 92-57 known as the Zoning By-law - Christian Horizons - Kilbirnie Court - 92/27/TC/JG COUNCIL M/NIYFES - 486 - AUGUST 17, 1999 (x) (By-law No. 92-202) Being a by-law to amend By-law 4830 known as the Zoning By-law - Violet Dorscht - Lang Crescent - #921341LIJW (By-law No. 92-203) (y) Being a by-law to control and regulate signs (z) To confirm all actions and proceedings of the Council (By-law No. 92-204) (By-law No. 92-205) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned. MAYOR CLERK COUNCIL M/NIYFES - 487 - AUGUST 17, 1992 REPORTS ADOPTED BY COUNCIL - AUGUST 17, 1992 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE 1, 1. That Kitchener City Council direct staff to proceed to process a concurrent Official Plan Amendment and Zone Change Application concerning the possibility of locating a large retail store in the Fairway Best Mall located at 589 Fairway Road, in conjunction with the Fairway Road-River Road Traffic Study and a City-initiated Official Plan Amendment incorporating a special policy covering the Fairway Rd. study area and outlining the specific transportation improvements to be implemented prior to the consideration of OPA and ZC applications for additional convenience commercial, retail and office development on Fairway Rd., with the clear understanding that such processing does not imply acceptance or refusal of the applications, should such applications be submitted by the mall owner-Normbau 2000. That Kitchener City Council modify Recommendations 1.1 and 1.2 contained in Staff Report PD 48/90 as adopted by Council on April 9, 1990 as follows: 2.1.1 That concurrent Official Plan Amendment Application 87/9 and Zone Change Application 49/87/F/JG (Philips Lau) be processed in conjunction with the Fairway Road - River Road Traffic Study and a City- initiated Official Plan Amendment incorporating a special policy covering the Fairway Rd. study area which outlines the specific transportation improvements to be implemented prior to the consideration of OPA and ZC applications for additional convenience commercial, retail and office development on Fairway Rd., with the clear understanding that such processing does not imply acceptance or refusal of the applications." 2.1.2 That concurrent Official Plan Amendment Application 88/12 and Zone Change Application 88/33/F/SF (Orfus Realty) be processed in conjunction with the Fairway Road-River Road Traffic Study and a City-initiated Official Plan Amendment incorporating a special policy covering the Fairway Rd. study area which outlines the specific transportation improvements to be implemented prior to the consideration of OPA and ZC applications for additional convenience commercial, retail and office development on Fairway Rd., with the clear understanding that such processing does not imply acceptance or refusal of the applications. That consideration of Planning and Development Staff Report PD 83/92 (By-Law Enforcement) be deferred and referred to a CAUCUS meeting of the Planning and Economic Development Committee on September 14, 1992. That Zone Change Application 91/34/L/JW (Violet Dorscht) requesting a change in zoning from Restricted Residential (R2B) according to By-law 85 to Semi-Restricted Residential (R2B) with a special list of uses and special regulations according to By-law 4830 on Part Lot 59, G.C.T., be approved, in the form shown in the Proposed By-law attached and dated July 8, 1992, as revised August 10, 1992 so as to provide that Clause 3 be reworded to allow a maximum of one duplex, semi-detached or triplex dwelling on the lot, subject to the following conditions being satisfied prior to any readings of the amending zoning by-law by Council. To arrange for notification by letter from the Regional Municipality of Waterloo to the City's Clerk, that all Regional requirements have been satisfied with respect to the proposed development. COUNCIL M/NIYFES - 488 - AUGUST 17, 1992 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE AUGUST 17, 1992 3. (Cont'd) The Owner acknowledges that Condition 1 is required to be satisfied no later than seven (7) months from Council having approved the amending zoning by-law relative to the Zone Change Application 91/34/L/JW by resolution. In the event this requirement is not fulfilled within the seven month period, Council shall consider rescinding its zone change approval. 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 Approved Official Plan. That Zone Change Application 92/14/H/ZJ (Jay & Marlies Whetstone) requesting a change in zoning from Agricultural (A) according to Township of Waterloo Township 878A to Semi-Restricted Residential (R2B) and Park, Public Open Space (P) according to By-law 4830, on Part of Lot 48, German Company Tract, be approved, in the form shown in the proposed by-law attached, dated July 2, 1992, subject to the following conditions being satisfied prior to any readings of the Amending Zoning By-law by Council. To arrange for notification by letter from the Regional Municipality of Waterloo to the City's Clerk, that all Regional requirements have been satisfied with respect to the proposed zone change. The Owner acknowledges that Condition 1 hereof is required to be satisfied no later than seven (7) months from the date of Council having approved by resolution, the amending zoning by-law relative to the Zone Change Application 92/14/H/ZJ. In the event this requirement is not satisfied within the seven 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 Approved Official Plan. (DEALT WITH UNDER DELEGATIONS AND CARRIED) A) That Zone Change Application 92/25/TC/JG (City of Kitchener) changing the zoning from Community Institutional (C-2) to Community Institutional (I-2) with a special use provision on Part of Lot 34, German Company Tract, more particularly described as Blocks 56,57,58 and 61 of Registered Plan 1625 and changing the zoning from Neighbourhood Institutional (I-1) to Neighbourhood Institutional (I-1) with a special use provision according to By-law 85-1, on Part Lot 33, German Company Tract, more particularly described as Part 3, Plan 58R-5148, be approved without conditions, in the form shown in the proposed By-law attached, dated July 2, 1992. It is the opinion of this Committee that approval of this application is proper planning for the City. B) That Zone Change Application 92/27/TC/JG (City of Kitchener) changing the zoning from Restricted Residential (R2A) to Restricted Residential (R2A) with a restriction of use according to By-law 4830, on Lot 48, Registered Plan 1640, be approved without conditions, in the form shown in the proposed By-law attached, dated July 14, 1992. It is the opinion of this Committee that approval of this application is proper planning for the City. (DEALT WITH UNDER DELEGATIONS AND CARRIED) That Kitchener's City Council requests the Regional Council of Waterloo to defer consideration of the Private Servicing Amendment of the Regional Official Policies Plan until after the Region has completed its visioning exercise and selected a vision for the future. COUNCIL M/NIYFES - 489 - AUGUST 17, 1999 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE AUGUST 17, 1992 7. That Kitchener Council rescind approval of Zone Change Application 90/2/K/CL (Fercan Development Corporation) King Street/Charles Street/Madison Avenue/Cameron Street. That the 1992 Municipal Housing Statement Update be tabled for public consideration and review, further, That one hour be set aside at an upcoming meeting of the Planning and Economic Development Committee to review and discuss the Municipal Housing Statement Update, and further That Housing Division staff should be available during the Fall to attend meetings of any local community associations which are interested in discussing the Municipal Housing Statement Update. That consideration of a response by the City of Kitchener to the Provincial consultation paper "Apartments in Houses" be deferred and the Ministries of Housing and Municipal Affairs be requested to approve an extension of their deadline for municipal response to the document so as to allow municipalities sufficient time for public input, debate and preparation of a formal response. 10. That with regard to the Provincial consultation paper "Apartments in Houses", the Department of Planning and Development be instructed to prepare a covering letter and an outline in general terms describing what the Province is proposing and circulate this material along with staff report PD 78~92 for public input. And further, that at the September 14th meeting of the Planning and Economic Development Committee, a date be established to consider this matter. 11. That full and active enforcement of the City's New Sign By-law commence September 1, 1992, provided however, that enforcement of the regulations which prohibit the use of "sidewalk signs" in areas of the City other than the Retail Core and the Belmont Improvement Area shall not commence until January 1, 1994, subject to any such signs being in full compliance with all other regulations of the By-law and being displayed only in those zones and for those uses previously allowed by Chapter 680 of The City of Kitchener Municipal Code, specifically Industrial and Commercial Zones; and car wash, service station and gas bar uses. That the regulations for "ground signs" in the final By-law to be enacted by Council on August 17, 1992 reflect the reinstatement of the existing regulations with regard to maximum sign height, sign area and location ahead of any building line setback. That the regulations for "real estate signs" in the final By-law to be enacted by Council reflect the revisions mutually agreed upon between the Department and representatives of the real estate industry, as detailed in Staff Report PD 82/92. (DEALT WITH UNDER DELEGATIONS AND CARRIED, AS AMENDED) 12. That Official Plan Amendments OPA/92/11 (Second Dwellings in Single Detached Houses) and OPA/92/12 (Central Frederick Neighbourhood Secondary Plan - Second Dwellings in Single Detached Houses), dealing with the conversion of single detached dwellings to two units, be tabled for consideration at a future meeting of Planning and Economic Development Committee, the date of such meeting to be established at the Committee's September 14, 1992 meeting. 13. That section 630.11.4 "Construction - Means of Entry" of "Article 11, Swimming Pools" of the Municipal Code be amended as follows: Every fence enclosing a swimming pool shall be constructed so that: a) it does not facilitate access to the swimming pool by climbing, crawling or any other way save as here on after set out, COUNCIL M/NIYFES - 490 - AUGUST 17, 1992 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE AUGUST 17, 1992 13. (Cont'd) b) for chain link fencing installed after , the maximum size of the opening of the chain link shall not exceed 38 mm (1 1/2"), c) it has, as the only means of entry to the swimming pool, gates or doors which shall be: i) not less than five (5) feet in height above grade; ii) supported on substantial hinges; and iii) equipped with a locking device. B. That a section 630.11.8 be inserted as follows: 630.11.8 That for every swimming pool constructed after , existing chain link fencing exceeding the 38 mm (1 1/2") dimension, shall be replaced to meet the requirements of section 630.11.4 or a new enclosure installed to satisfy the requirements of section 630.11.4. That the Legal Department be instructed to prepare a by-law reflecting the new amendments to the Municipal Code for councils consideration. 14. That the City of Kitchener accept an Offer to Purchase dated August 5, 1992 from Ken Ertel Limited respecting lands designated as Part 1 Reference Plan 58R-5799 comprising approximately 18,732 square feet of vacant land for the sum of $7,000, and further, That the Mayor and Clerk are hereby authorized to execute any necessary documentation required by the City Solicitor. CITY HALL STEERING COMMITTEE That the operation of the Canteen in the new City Hall be contracted out to an experienced food industry, subject to the present Canteen staff being offered continuing employment; and that the selection of the operator be chosen through a public proposal call. (ACTION DEFERRED AND REFERRED TO SEPTEMBER 14, 1992 MEETING OF CITY HALL STEERING COMMITTEE PENDING FURTHER DISCUSSION WITH STAFF) That the Director of Purchasing be authorized to negotiate with Kraus Carpet Mills Ltd. of Waterloo to develop a proposal for the supply of carpet for the new City Hall, and that this proposal be presented to the Steering Committee for its consideration. That the Project Manager be authorized to approve Change Order No. 55 in the amount of $31,678. COMMITTEE OF THE WHOLE That the construction or upgrading of a facility in the City to meet the standards associated with a Double A Baseball Franchise be considered in conjunction with the budget process as it relates to the ten-year Capital Forecast, and further, That the above direction not be considered as an endorsement of the recent proposal to locate COUNCIL M/NIYFES - 491 - AUGUST 17, 1992 such a franchise in the City. COMMUNITY SERVICES COMMITTEE AUGUST 17, 1992 That no action be taken on the request of the Waterloo County Life Underwriters Association for an in-kind facilities grant of $1,200.00 for the use of the Farmer's Market for the Poor Boys' Luncheon. That the existing billboard sign depicting Oktoberfest and the Kitchener Farmer's Market, located on King Street East between Rockway Gardens and Rockway Senior Citizens Centre, be removed; and further That any new design of an information sign in this or any other specific area be brought back before the Community Services Committee for approval. Whereas every year cyclists are killed or suffer serious brain damage resulting from bicycle crashes; and, Whereas education programs for bicyclists are still in their infancy, and it is doubtful that any educational programs will put helmets on bicyclists, especially children; and, Whereas evidence is available and clear that wearing helmets can prevent serious injury and even save lives of bicyclists involved in accidents; Therefore Be It Resolved that the City of Kitchener endorses proposed Bill 124 and urges its speedy implementation; and further, That this resolution be forwarded to the Ontario Ministry of Transportation, The Association of Municipalities of Ontario and the local M.P.P. for their endorsement; and further, That in conjunction with the Waterloo Regional Police, the City Solicitors of both Kitchener and Waterloo jointly investigate the feasibility of enacting municipal by-laws to require the mandatory use of helmets by bicyclists. That Alderman M. Wagner and Mr. P. Wetherup, Parks Planner, be appointed as the City's representatives on the Regional Municipality of Waterloo Bicycle Master Plan Steering Committee. That the 1993 Fees and Charges for the golf courses and the Auditorium, as presented to the Community Services Committee on August 10, 1992, be approved; and further, That the golf unit continue to accept new members (and those who joined after 1990) only as option no. 2 members; and further, That final endorsement be given for the previously approved plan to eliminate the reduced rate for senior full (7 day) memberships but continue to offer a reduced rate for senior restricted (weekday) memberships. That no action be taken on the request of Mayor Ann Mulvale of Oakville for a donation to "Ontario Students Against Impaired Driving"; and further, That the Mayor write to Mayor Mulvale advising of our local program. FINANCE & ADMINISTRATION COMMITTEE That the Arts Festival (August 13-15) be declared a Civic Celebration in 1992 and the Manager of Licensing directed to issue a Hawker and Pedlars Civic Celebration Licence to accredited artists at a fee of $1.00. COUNCIL M/NIYFES - 492 - AUGUST 17, 1992 That the 1993 Schedule of Licence Fees appended to the memorandum of Mrs. J. Koppeser dated July 21, 1992, be approved. That Council request the Province of Ontario to amend the Municipal Act in order to allow for interim assessment factor changes, with the intention of removing inequities inherent in the property assessment system. FINANCE & ADMINISTRATION COMMITTEE AUGUST 17, 1992 That Council provide tax relief for the City's portion only for the Winston Hall Nursing Home and the registered condominium at 15 Hofstetter Avenue in response to circumstances outlined in the memorandum of Mr. J. Gazzola dated June 25, 1992 relative to interim assessment factor changes. (CARRIED, AS AMENDED) That an overexpenditure of up to $24,000.00 be approved relative to Account #510057-1630 (Advertising) in the Department of General Services and City Clerk. That Council endorse, in principle, the City's application to the Ministry of Housing for a Building Administration Fund Grant intended to improve customer service through the acquisition of two computer work stations and a permit printer as outlined in Staff Report PD#80/92 dated July 24, 1992, and further, That the City's contribution in this regard not exceed $10,000.00. 7. WHEREAS the hiring process for firefighters has been recently completed; and, WHEREAS Employment Equity is a relatively new initiative; and, WHEREAS the Provincial Government has proposed new Employment Equity legislation, BE IT RESOLVED, that a review of the recently completed hiring process and the new legislation be conducted. Such review committee will be comprised of appropriate staff, a representative from each employee group, representatives from community groups involved in employment equity issues, representatives from City Council or such other representatives as may be determined by Council. (CARRIED, AS AMENDED) That with respect to Bill 79 (Employment Equity), the Clerk inform the Office of the Employment Equity Commissioner that the City of Kitchener is requesting an amendment to Section 14 (3) so as to allow participation by municipal councils and community groups involved in employment equity issues on any committee dealing with implementation of the new legislation. That the Manager of Licensing be authorized to issue an Ice Cream Vehicle Driver Licence to Mr. William Robert Conn. PUBLIC WORKS & TRANSPORTATION COMMITTEE That traffic be reverted from one way southbound to two way flow on Cameron Street between King Street and Charles Street, and further, That the Uniform Traffic By-law be amended accordingly, and further, That an overexpenditure of $2,000.00 be approved. 2. That the Region of Waterloo be requested to install traffic control signals at the intersection of COUNCIL M/NIYFES - 493 - AUGUST 17, 1992 Doon Village Road and Pioneer Drive, and further, That as an interim measure, an all way stop control be installed at the intersection of Doon Village Road at Pioneer Drive, and further, That the Uniform Traffic By-law be amended accordingly. That a 12 inch traffic beacon and baselight flasher be installed above the stop signs on St. Leger Street at Wellington Street, and further, That an overexpenditure of $5,000.00 for the installation of this equipment be approved. PUBLIC WORKS & TRANSPORTATION COMMITTEE AUGUST 17, 1992 That parking be prohibited on the north/west side of Thorncliffe Street from Driftwood Drive to Homestead Place, and further, That the Uniform Traffic By-law be amended accordingly. That parking be prohibited on the east/north/west side of Cedarhill Crescent from Country Hill Drive to Old Country Drive, and further, That the Uniform Traffic By-law be amended accordingly. That the report prepared by the Traffic & Parking Division of the Department of Transportation entitled 'School Pedestrian Safety - Modifications for the 1992-93 School Year' as presented to the Public Works and Transportation Committee on August 10, 1992, be accepted. That parking be prohibited on the south (odd numbered) side of Calmcrest Drive from Blackhorne Drive to Briar Knoll Drive, and further, That the Uniform Traffic By-law be amended accordingly. That the parking meter time limit in Dominion Lot No. 10 be increased from one half (1/2) hour to one (1) hour, and further, That the Uniform Traffic By-law be amended accordingly. That a Service Clubs sign support be erected on Bloomingdale Road at the entrance to the City (Bridgeport). 10. Whereas it will cost the City to expropriate and purchase the necessary easement and unduly delay the project and, Whereas the Court of Revision has normally been sympathetic to waiving flankage related assessments, Therefore be it resolved that Claudia Holdings Inc. not be assessed any flankage related costs associated with the Sportsworld Drive sanitary sewer line extension local improvement project. 11. That no action be taken in regard to the request received from United Way requesting free internal bus advertising space for the period of September 8 - October 31, 1992. 12. That the Director of Utilities be authorized to proceed with the Infrastructure Needs Study without provincial grants provided that such study costs do no exceed presently approved budget allocations. 13. That the property owners along King Street East from Grand Hill Drive to the City limits, who responded to an informal survey of interest to construct a watermain, be advised of the survey results and informed that if further action is to be taken it will be at their initiative only. COUNCIL M/NIYFES - 494 - AUGUST 17, 1992 14. That the request of the Utilities Division to replace an existing part-time clerical position with a full time clerical position be deferred and referred to the budget process for consideration, and further, That pending the results of the budget considerations the Utilities Division be authorized to replace the existing part-time clerical position with a temporary-full time position. 15. That the Grand River Conservation Authority Capital Project Priorities 1993-1997 pertaining to the City of Kitchener and presented to the Public Works and Transportation Committee on August 10, 1992, be approved. 16. That the proposed reconstruction of Water Street South from the bend to Heins Avenue, under the 1992 Capital Works Programme (Index 855271), be postponed until completion of the new Schneider Trunk Sanitary Sewer in the area, and further, That the funding of $61,000.00 for the Water Street Project be transferred to Resurfacing of Various Streets (Index 852319), to permit the asphalt resurfacing of additional streets in 1992. PUBLIC WORKS & TRANSPORTATION COMMITTEE AUGUST 17, 1992 17. That the City waive its normal procedure for the selection of consultants and retain Cumming Cockburn Limited to provide the design and construction supervision of the Shoemaker Greenway and Borden Greenway Culverts at Stirling Avenue and Greenbrook Drive and the Shoemaker Creek Trunk Sanitary Sewer at Stirling Avenue and Homer Watson Boulevard in conjunction with the Voisin/Freure Subdivisions. COMMITTEE OF THE WHOLE MINUTES AUGUST 17, 1992 A. BY-LAWS AS LISTED ON THE AGENDA - 2ND READING It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER 1. United Way - Postage Meter Imprint It was resolved: "That we approve the request of the United Way of Kitchener-Waterloo and Area for permission to utilize the City's postage meter to imprint outgoing City mail with the United Way logo and wording "Support United Way" for the period September 8th through to October 31st, 1992." 2. Engineering Agreements a) Gateway Business Park, Phase III It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Proctor & Redfern Limited, regarding Gateway Business Park, Phase III R.P. 1745." b) Doon South Creek Subwatershed Plan Study It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Paragon Engineering Limited, regarding Doon South Creek Subwatershed Plan Study." c) Freure Developments Limited It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services between the City of Kitchener and Cumming Cockburn Limited regarding, Countryside Subdivision, 30T-90019." d) Voisin Developments Limited It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Cumming Cockburn Limited, regarding Countryside Subdivision, 30T-89018." 3. Civic Celebration COMMITTEE OF THE WHOLE MINUTES AUGUST 17, 1992 REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) It was resolved: "That K-W Oktoberfest to be held October 9-17, 1992 be proclaimed a period of Civic Celebration." 4. Licenses a) Home Child Care Association of Ontario It was resolved: "That the City of Kitchener has no objection to a Lottery Licence being issued to the Home Child Care Association of Ontario, formerly The Private Home Day Care Association of Ontario, to conduct a Raffle Lottery at the Valhalla Inn, King & Benton Streets, Kitchener, on October 23, 1992." b) Rotary Club of Kitchener-Westmount It was resolved: "That the City of Kitchener has no objection to a Provincial Licence being issued to the Rotary Club of Kitchener-Westmount to conduct a Monte Carlo event, during Oktoberfest, October 9 & 10 and October 12 - 17, 1992, at the Concordia Club, 429 Ottawa Street South, Kitchener." c) Doon Heritaqe Crossroads It was resolved: "That the Doon Heritage Crossroads be granted permission to operate a refreshment stand at 10 Huron Road on Sunday September 13, 1992, from 10:00 a.m. to 4:30 p.m., provided the necessary health and fire approvals and licence are obtained." d) Civitan Club of Kitchener-Waterloo It was resolved: "That the City of Kitchener has no objection to a Provincial Licence being issued to the Civitan Club of Kitchener-Waterloo to conduct a Monte Carlo event during Oktoberfest, October 9-18, 1992 at Bingeman Park, 1380 Victoria Street North, Kitchener." e) Kitchener-Waterloo Oktoberfest Inc. Dealt with under delegations. f) Shoppers Druq Mart It was resolved: "That the Shoppers Drug Mart be granted permission to operate a refreshment stand on the parking lot of 525 Highland Road West, Kitchener, on Saturday, September 12, 1992, provided the necessary health and fire approvals and licence are obtained." g) Cedar Hill Residents' Association COMMITTEE OF THE WHOLE MINUTES AUGUST 17, 1992 REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) Dealt with under delegations. 5. Execution of Final Release It was resolved: "That the Mayor and Clerk be authorized to execute a Final Release in the amount of $4,049.87 in connection with damages to a bus shelter located at Pioneer Drive and Old Carriage Drive which occurred on or about May 29, 1992." Execution of Master Proof of Loss It was resolved: "That the Mayor and Clerk be authorized to execute a Master Proof of Loss for $31,174.52 relating to damages to a City dump truck and excavator which occurred on or about March 18, 1992." Amendment to Resolution - BRIDGEPORT NORTH WARD It was resolved: "That Council's resolution passed March 24, 1980, namely: 'That the Mayor and Clerk be authorized to execute a conveyance from the City of Kitchener to Alain J.J. Lebon of a parcel of land being Part 2, on Reference Plan 58R-2345, being part of Guelph Street, formerly Zoeller Street, closed in 1925, for the nominal sum of $1.00.' be amended to delete the phrase 'being part of Guelph Street, formerly Zoeller Street, closed in 1925', And further, that the said Part 2 formed part of a twenty foot right-of-way acquired by the City in 1926 by Instrument Number A-56850, which said Part 2 has not been opened as a public highway by by-law or by the expenditure of public funds." Banner Request It was resolved: "That in conjunction with International Literacy Day to be held Tuesday, September 8, 1992, we grant permission to the Waterloo Region Literacy Coalition to have a banner erected on King Street at Rockway Gardens from Monday, August 24, 1992 to Friday, September 11, 1992. Further, that arrangements be made with the City's Contractor for erection and removal of the banner and the payment of any costs associated therewith." Easement - CHICOPEE WARD It was resolved: "That the Mayor and Clerk are hereby authorized to execute an Easement in favour of 496460 Ontario Limited (Journey's End Motel) for ingress and egress to the lands of the Transferee until such time as the City opens the road over lands known as Lot 8, Municipal Compiled Plan 958." COMMITTEE OF THE WHOLE MINUTES AUGUST 17, 1992 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) 10. Assessment Appeal - FAIRVIEW WARD It was resolved: "That the City Solicitor be authorized to execute the Minutes of Settlement with respect to the Assessment Appeal by Cineplex Odeon Corp. of its realty and business assessments for the taxation years 1989, 1990 and 1991 ." 11. 1992-93 Contract - Elli Koster It was resolved: "That the Mayor and Clerk be authorized to execute an agreement with Elli Koster dated August 10, 1992 for operating the City Hall Canteen for a term of one year commencing January 1, 1992 and ending July 30, 1993 in consideration of the sum of $23,513.49 for the year 1992 and the sum of $13,836.00 for that part of 1993 up to and including July 30, 1993." 12. Resolutions a) City of North York Council was in receipt of correspondence from the City of North York concerning a memorandum prepared by Mayor Mel Lastman dealing with the process used for settling Firefighters' wages in Ontario. Council support of the contents of the memorandum was requested. It was resolved: "That no action be taken concerning the request of the City of North York that the City of Kitchener support the views outlined in the memorandum of Mayor Mel Lastman, dated June 24, 1992 relative to the process for settlement of Firefighters' wages in Ontario." b) Township of Tiny Council was in receipt of correspondence from the Township transmitting a resolution of its Council passed on June 10, 1992 dealing with the impact of restructuring in Simcoe County. It was resolved: "That the City of Kitchener endorse the resolution of the Township of Tiny in the County of Simcoe, outlined in correspondence dated June 24, 1992, wherein the Township expressed its concern that restructuring in the Province of Ontario create stronger, more viable municipal units rather than encouraging an increase in the assessment of urban municipalities." 13. Request for Temporary Liquor Licence Extension - STANLEY PARK WARD It was resolved: "That subject to acceptance by the Mall Landlord, the City of Kitchener has no objection to an application by Casey's Bar & Grill, 1151 Victoria Street North, Kitchener, to the Liquor Licence Board of Ontario for a Special Occasion Permit to allow a temporary extension of its liquor licence to permit the serving of beer and liquor in the adjacent parking lot on Saturday, September 12th and Sunday, September 13th, 1992." 14. Federal Express - Promotional Tour COMMITTEE OF THE WHOLE MINUTES AUGUST 17, 1992 REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) It was resolved: "That subject to approval by the Traffic and Parking Division as to a suitable parking location, the City of Kitchener has no objection to a Federal Express van, which will distribute free coffee and promotional gifts, being located in Lot No. 8 on Friday, August 28, 1992." 15. Tenders It was resolved: "That tender T92-30, Borden Greenway Trunk Sewer Replacement, Greenbrook Drive to Expressway, be awarded to J. Weber Contracting Limited, Breslau, Ontario at their tendered price of $192,411.68 (including 7% G.S.T.)." - and - "That tender T92-26, Joseph Street Watermain (Queen to David), be awarded to Sunnybrae Construction Limited, Toronto, at their corrected tender price of $87,384.76, which includes G.S.T." - and - 15. Tenders (Cont'd) "That tender T92-64, Market Square Parking Garage Soffit Repairs, be awarded to Underground Services Limited, Bolton, at their tendered price of $75,007. (including G.S.T.)." 16. Street Party - VICTORIA PARK WARD Dealt with under delegations. 17. Binqo Application/New Binqo Hall - St. Mary's Hiqh School It was resolved: "That the City of Kitchener has no objection to a Provincial Licence being issued to St. Mary's High School, 35 Weber Street West, Kitchener, to conduct bingos at 329 King Street East, Kitchener, provided that Council's approval is subject to the following: 1. That the applicant limit its bingo activities to the City of Kitchener; 2. That the applicant meet all terms and conditions of Kitchener's Consolidated Bingo Regulations as passed by City Council; 3. That the applicant meet with the Manager of Licensing to review the above regulations prior to any licence being issued; 4. That for record purposes, copies of all bingo reports for licences issued be forwarded to the municipality; 5. That all Provincial Bingo Lottery requirements are met." 18. Local Improvement Petition - Sportsworld Drive - SOUTH WARD Dealt with under delegations. 19. Encroachment Aqreement - K-W Oktoberfest Inc. (17 Benton Street) Council was in receipt this date of a report and recommendation from Ms. L. MacDonald dated August 12, 1992. COMMITTEE OF THE WHOLE MINUTES AUGUST 17, 1992 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) It was resolved: "That, subject to obtaining a sign permit, the Mayor and Clerk be authorized to execute an Encroachment Agreement with K-W Oktoberfest Inc., the registered owner of 17 Benton Street, to permit the erection of a sign and supporting post which will encroach 4 feet, more or less, onto City property adjacent to 17 Benton Street described as part of Lot 38, Registered Plan 394."