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HomeMy WebLinkAboutCouncil Minutes - 1993-01-11COUNCIL\1993-01-11 COUNCIL MINUTES JAN UARY 11, 1993 The Council of the Corporation of the City of Kitchener met this date with all members present except Alderman J. Smola. On motion by Alderman J. Ziegler, the minutes of regular meeting held on December 14, 1992, as mailed to the Mayor and Aldermen, were accepted. A. Communication referred directly to file (1) Letter dated December 11, 1992 from the Commissioner of Employment Equity for the Province of Ontario, responding to Kitchener City Council's recent letter proposing participation by municipal councils and community groups on any committees dealing with the implementation of Employment Equity. Alderman G. Lorentz, who is Council's representative to the United Way, advised that as a result of donations and fund-raising by City staff, $61,914 had been raised representing 103% of the City's established target. He then presented United Way Certificate to the following City staff volunteers who had worked on the recent campaign: Astrid Braun Ron Cronin Ricki Germann Tim Halk Rod Henderson Doug Hergott Paul Mennie Leanne Moses Jim Nelson Priscilla Metzger Robert Pritchard John Rempel Ed Scharlach Brock Stanley Dawn Wiegand Alderman Lorentz then presented plaques donated by the Mayor and Council to representatives of the following employee groups: · CUPE 68, Outside Workers · CUPE 791, Inside Workers · IBEW 636, Gas and Water · Firefighters · CBRT 304 · Management · Non Union/Non Management Mr. Alan Orth, 1993 United Way Campaign Chair, advised that the 1992 Campaign was a great success inspite of the recession and raised $3,716,000 which was an 8% increase over 1991. He presented the following certificates and special awards from United Way: Workplace Achievement Certificates · City of Kitchener · CBRT Local 304 Bronze Award · City of Kitchener Silver Awards · Local 68 · Non Union/Non Management · Management Gold · IBEW Local 636 Platinum · City Council COUNCIL M/NUTES - 2 - JANUARY 11, 1993 Mr. Paul Britton appeared as a delegation in support of clause 4 of the report of the Planning and Economic Development Committee of this date and the by-laws listed on the agenda relative to Zone Change Applications 881711BIZJ (Drewlo), 881721HIZJ (Gmach) and 881671HIJG (Cybau). Moved by Alderman C. Weylie Seconded by Alderman J. Ziegler That clause 4 of the report of the Planning & Economic Development Committee of this date be adopted. Carried. On motion by Alderman C. Weylie, seconded by Alderman M. Yantzi, Council agreed that the zoning by- laws listed on the agenda relative to Drewlo, Gmach and Cybau would be given three readings this date. A number of delegations were registered to speak in opposition to the Women's Correctional Facility proposed by Corrections Canada to be constructed adjacent to Pioneer Park. Mr. Tom Thomson, 239 Upper Canada Drive, advised that he was appearing in opposition to the Correctional Facility as a substitute for Ms. Karen Shatsford who had previously registered to speak. Mr. Thomson advised that he personally was still extremely angered by the decision and questioned how such a poor decision could have been made by members of Council whom residents had placed their faith in. Mr. Rick Wackenhut appeared as a delegation to request that Council reconsider the site selection issue. He referred to recent remarks of a number of Council representatives relative to various issues which he found to be in contradiction to Council's position relative to the site of the Corrections Facility. He emphasized that residents have repeatedly requested that a better location for the facility be found and that the residents could not understand how Council considers the facility to be good for the area. Accordingly, Mr. Wackenhut appealed for a reconsideration of the site location. Mrs. Johanna Simons, 40 Old Mill Road, appeared as a delegation regarding the Women's Correctional Facility and pointed out that while there were not large numbers of residents in attendance, the representatives of the residents have very wide community support. Mrs. Simons questioned what Kitchener had to gain by accepting the Correctional Facility in this location given neighbourhood concerns which include children safety and property values. She expressed concern that if these concerns were not addressed at this time, it was unlikely that future ones would be considered. In summary, Mrs. Simons questioned why neighbourhood issues of concern had not been addressed. Mayor D.V. Cardillo advised that City Council had invited Corrections Canada to consider the City of Kitchener among its list of municipalities for a proposed Women's Correctional Facility. Mayor Cardillo indicated that he felt neighbourhood concerns had been responded to by both City Council and Corrections Canada officials. Alderman T. Galloway advised that he had attended a meeting held this date which afforded an opportunity for review of a conceptual plan for the Women's Correctional Facility. He stressed that the meeting was not intended as a forum relative to the merits of the site location. Alderman Galloway briefly re-stated his remarks made at a previous meeting relative to the planning process wherein developers must work within a planning framework that was intended to protect the public and expressed concern that the Federal Government operated outside of these requirements that apply to everyone else. He commented that residents remain steadfast in their objection to the Correctional Facility and that this matter may be subject to future discussion once some current activities are finalized. Mr. J. Smola, 61 Hillview Street, appeared as a delegation and pointed out that he was an unsuccessful candidate last year for a Kitchener Firefighter position. He referred to remarks that were made during his appearance before City Council on July 13, 1992 and advised that revelation by firefighter candidates of data requested by the City pertaining to gender and race which was supposed to be confidential did not remain confidential. A videotape of a news report on the firefighter issue was shown to City Council by Mr. Smola in which interviews were conducted with Mr. Smola and Fire Chief J. Hancock. Mr. Smola then conveyed comments of Fire Chief Hancock to applicants which Mr. Smola advised had been taped and relate to instructions from the Chief regarding completion of questions attached to the test about ethnicity, education and gender. Mr. Smola pointed out that at a later date, an ad hoc committee of staff decided COUNCIL M/NUTES - 3 - JANUARY 11, 1993 to utilize this confidential information in connection with the hiring process. Mr. Smola then posed questions regarding this information gathering and its release. Mr. T. McKay advised that City Council has set up a committee to review the City's hiring process and that the answers to Mr. Smola's other questions will be forthcoming when and if the Human Rights Commission holds a hearing respecting the complaints that have been received by the Commission on this matter. Moved by Alderman C. Weylie Seconded by Alderman J. Ziegler That the report of the Planning and Economic Development Committee of Council of this date be adopted. Voted on clause by clause. Clause 3 - Action deferred and referred to the January 18, 1993 meeting of the Planning & Economic Development Committee. Clause 4 - Dealt with under delegations and Carried. Clause 5 - Carried (as amended). Balance of Report - Carried. Moved by Alderman G. Lorentz Seconded by Alderman B. Stortz That the report of the Community Services Committee of this date be adopted. Council considered a letter dated January 11, 1993 from Mr. R.W. Pritchard, suggesting amendments to the report as it relates to the Terms of Reference of the Parks & Recreation Advisory Committee. Following some discussion and on motion by Alderman G. Lorentz, Seconded by Alderman G. Leadston, it was agreed that clause 10 of the report be amended to provide for a preamble stating "that in accordance with the attached Terms of Reference" and an additional sentence stating "in 1993, one representative shall be appointed for one year, three representatives for two years and three representatives for three years". At this point, Alderman T. Galloway disclosed that a conflict of interest and abstention with respect to clauses 15 and 16 of the report as he is employed by the Kitchener Rangers Hockey Club. Alderman G. Leadston advised that he was opposed to clauses 1, 2, 3 & 4 of the report dealing with the Regional Voice Radio Project. Some discussion took place relative to direct cost of the City in participating within the program and Alderman J. Ziegler commented that the issue will be decided at the Regional level and if the Region approves of the project, the City of Kitchener would be remiss if it did not acquire equipment necessary to benefit from the project. Alderman J. Ziegler referred to clause 5 and noted that in the Committee minutes it had been indicated that the organization had made a considerable profit and with this in mind, he questioned why the City would be providing them with funding. Alderman C. Zehr clarified that in order for the Club to hold such events, it was necessary that facilities be provided that have the ability to accommodate a major event. Alderman G. Lorentz indicated that he would like additional discussion respecting clauses 13 & 14 of the report relating to Kiwanis Park. He pointed out that there were no other facilities for the public along the Grand River within the City's boundaries and that since City Council has not met with the Grand River Conservation Authority, the matter should be given more attention. Alderman C. Zehr stated that the City should not become involved in financial support for maintaining Kiwanis Park and pointed out that considerations are ongoing with respect to opportunities for projects involving the Grand River in future. Alderman G. Leadston stated that he was concerned that no contacts had been made with service clubs respecting the matter of possible financial assistance. Alderman B. Stortz pointed out that the needs of the Grand River Conservation Authority must be considered within terms of the entire River Watershed COUNCIL M/NUTES 4 JANUARY 11, 1993 and not just within the City of Kitchener. Alderman M. Wagner questioned if there were long term uses being contemplated for Kiwanis Park and Mr. F.S. Graham advised that no meetings were scheduled at this time, but that as a City representative on the G.R.C.A., he would put forward the City's position in the strongest possible terms. Alderman Wagner expressed concern with the manner in which the G.R.C.A. has been forced into such a reduction in its services as a result of declining revenues. Alderman G. Lorentz stated that Kitchener taxpayers fund a large portion of the G.R.C.A. operations and questioned what benefits accrue to Kitchener as a result of this expenditure. Alderman M. Yantzi pointed out that there was a lot of potential for existing banks of the river to be used for passive and active purposes in future. The report was then put to a vote. Voted on clause by clause. Clauses 1,2, 3 & 4 - a recorded vote was requested. In Favour: Mayor D.V. Cardillo and Aldermen B. Stortz, M. Wagner, M. Yantzi, C. Zehr, J. Ziegler, G. Lorentz, T. Galloway and C.Weylie. Contra: Alderman G. Leadston. Motion Carried. Clause 10 - Carried (As Amended). Balance of Report - Carried. The following conflict of interest and abstention was disclosed: Clauses 15 & 16 -Alderman T. Galloway, as he is employed by the Kitchener Rangers Hockey Club. Moved by Alderman C. Zehr Seconded by Alderman B. Stortz That the report of the Finance and Administration Committee of this date be adopted. Carried. Moved by Alderman M. Wagner Seconded by Alderman M. Yantzi That the report of the Local Architectural Conservation Advisory Committee of this date be adopted. Carried. Alderman C. Zehr advised that he wished to raise the issue of placement of open compost piles as a result of concerns that had been expressed to him by a resident. He advised that a booklet provided by the Region does not deal with the issue of location and as a result, in some cases, a problem has come about if they are placed near to a window of a neighbouring property. He pointed out that staff have been considering a by-law to set out regulations with respect to compost piles and requested that Council direct staff to investigate the matter and prepare an amendment to the Property Standards By-law that would encourage residents to place compost piles in areas that would avoid any problems with neighbours. For the information of City Council, Alderman M. Yantzi advised that the Opening Ceremonies for Linden Manor were being held on Saturday, January 16, 1993. Alderman G. Lorentz acknowledged a year-end report of the Administrative Review Committee in which it was identified that some $284,000 in savings had been achieved in 1992 as a result of the committee's ongoing review of the staffing of job vacancies. Alderman M. Wagner referred to the choice that has been made by the jury of the successful artist for the COUNCIL M/NUTES - 5 - JANUARY 11, 1993 City Hall Sculpture Competition and asked that Alderman T. Galloway be recognized for his work in this regard. He noted that recognition of all the jury members would be given at a later date. Alderman Galloway emphasized that the jury was most impressed with both finalists and has recommended that the Arts Working Group attempt to secure funds for the unsuccessful artist as well. Alderman Wagner confirmed that this was being pursued and that there was room for both sculptures on the grounds. He noted that the Arts Working Group would be meeting on January 14 to consider the jury recommendation and make its recommendation to the City Hall Steering Committee for consideration at its next meeting. He emphasized that City Council would be provided with the entire list of artists as well as a shortlist that was developed to reach the recommended choice. Alderman T. Galloway referred to mention that was made at a meeting of the Public Works and Transportation Committee that the Region of Waterloo was considering lowering its winter maintenance standards of regional roads. However, he stated that if this was to happen there would be a disparity between the City's standards and the Region's standards and that this would cause the City to subsidize the maintenance of regional roads to bring them up to the City's maintenance standards. He questioned if staff could confirm this and what the ramifications would be. Mr. D. Suzuki stated that he was not aware of the proposal but would request staff to investigate the matter. Alderman Galloway stated that if it was to happen, it would simply be another form of downloading cost from one level of government to another and asked that Kitchener members on Regional Council not support this. Alderman C. Zehr advised that the Region of Waterloo was scheduled to consider a number of options to bring about cost reductions and the area of maintenance standards of all kinds would be one area that would be under discussion. Moved by Alderman C. Weylie Seconded by Alderman M. Yantzi That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to adopt Amendment No. 140 to the Official Plan (b) Being a by-law to amend By-law 4830 known as the Zoning By-law - Cybau Holdings Inc. - Highland Road West - No. 881671HIJG (c) Being a by-law to amend By-law 85-1 Cybau Holdings Inc. Highland Road West - No.881671HIJG (d) Being a by-law to amend By-law 4830 known as the Zoning By-law - Drewlo Holdings Inc. - Bleams Road and Homer Watson Boulevard - No. 881711BIZJ (e) Being a by-law to amend By-law 4830 known as the Zoning By-law - Frances Gmach - Homer Watson Boulevard - No. 881721HIZJ (f) To confirm all actions and proceedings of the Council (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 (h) Being a by-law to amend By-law No. 91-314, known as the Development Charges By-law (i) 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 (J) Being a by-law to exempt a certain lot from Part Lot Control - Lots 15 and 17, Registered Plan 1730 - Tamvale Crescent (Cont'd) (k) Being a by-law to exempt a certain lot from Part Lot Control - Lot 50, Registered Plan 1307 - Breckenridge Drive (I) Being a by-law to adopt Amendment No. 139 to the Official Plan COUNCIL M/NUTES - 6 - JANUARY 11, 1993 (m) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (n) 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 (o) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (p) Being a by-law to establish Licence Fees (q) Being a by-law to amend various Chapters of the City of Kitchener Municipal Code relating to licensing matters 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 D.V. Cardillo appointed Alderman J. Ziegler as Chairman. On motion, the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the Chair. Moved by Alderman J. Ziegler Seconded by Alderman T. Galloway 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 hereby adopted and confirmed. Carried. Moved by Alderman C. Weylie Seconded by Alderman M. Yantzi That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to adopt Amendment No. 140 to the Official Plan (By-law No. 93-1) (b) Being a by-law to amend By-law 4830 known as the Zoning By-law - Cybau Holdings Inc. - Highland Road West - No. 88/67/H/JG (By-law No. 93-2) (c) Being a by-law to amend By-law 85-1 Cybau Holdings Inc. Highland Road West - No.88/67/H/JG (By-law No. 93-3) (d) Being a by-law to amend By-law 4830 known as the Zoning By-law - Drewlo Holdings Inc. - Bleams Road and Homer Watson Boulevard - No. 88/71/B/ZJ (By-law No. 93-4) (e) Being a by-law to amend By-law 4830 known as the Zoning By-law - Frances Gmach - Homer Watson Boulevard - No. 88/72/H/ZJ (By-law No. 93-5) 7. (Cont'd) COUNCIL M/NUTES 7 (f) To confirm all actions and proceedings of the Council JANUARY 11, 1993 (By-law No. 93-6) (g) (h) (i) (J) (k) (m) (n) (o) (P) 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. 93-7) Being a by-law to amend By-law No. 91-314, known as the Development Charges By-law (By-law No. 93-8) Being a by-law to exempt a certain lot from Part Lot Control - Lots 15 and 17, Registered Plan 1730 - Tamvale Crescent (By-law No. 93-9) Being a by-law to exempt a certain lot from Part Lot Control - Lot 50, Registered Plan 1307 - Breckenridge Drive (By-law No. 93-10) Being a by-law to adopt Amendment No. 139 to the Official Plan (By-law No. 93-11 ) 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. 93-12) 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. 93-13) 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. 93-14) Being a by-law to establish Licence Fees (By-law No. 93-15) Being a by-law to amend various Chapters of the City of Kitchener Municipal Code relating to licensing matters (By-law No. 93-16) be taken as read a third time, be finally passed and numbered serially by the Clerk. Carried. On motion, the meeting adjourned. COUNCIL M/NUTES - 8 - JANUARY 11, 1993 Mayor Clerk COUNCIL M/NUTES - 9 - JANUARY 11, 1993 REPORTS ADOPTED BY COUNCIL - JANUARY 11, 1993 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE That the Planning and Economic Development Committee accepts the recommendation of the Business and Industry Advisory Committee that Mr. B. Michael Hiscott be appointed as Chairman and Mr. Tito Guglielmi be appointed as Vice-Chairman of the Business and Industry Advisory Committee, each for a term to expire November 30, 1993. That Kitchener City Council endorses 'Canada's Technology Triangle (CTT) Business Community Program' proposal dated October 13, 1992 for submission to the Federal Government. That City of Kitchener Council advise the Council of the Regional Municipality of Waterloo that it does not support the recommendation made by the Region of Waterloo Ecological and Environmental Advisory Committee to expand the western boundary of E.S.P.A. #35 - Doon Pinnacle Hill beyond the boundary that has been identified in the Doon South Community Plan since the Plan's adoption by City of Kitchener Council on November 20, 1978 and the Plan's approval by Regional Council on July 19, 1979. (ACTION DEFERRED AND REFERRED TO JANUARY 18, 1993 MEETING OF THE PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE) That the "Proposed By-law" dated August 31, 1992 for Zone Change Application 88/71/B/ZJ (Drewlo Holdings Inc.) be replaced with the attached "Proposed By-law" dated December 15, 1992. That the Plan of Subdivision dated Revised 92 08 14 be replaced with the attached Plan of Subdivision dated Revised 92 12 11. That the conditions related to Subdivision Application 30T-86035 (Drewlo Holdings Inc.) approved by City Council on May 18, 1992 and revised on September 21, 1992 be further revised as follows: a) That Condition 50 be amended by deleting reference to the date "Revised 92 08 14" and replacing it with "Revised 92 12 11" b) That Condition 51 be deleted in its' entirety and the following substituted therefor: "That in view of the regulations of The Registry Act, the Subdivision must be registered in four (4) stages, with Stage 1 consisting of Lots 1 to 101 inclusive and Blocks 102 to 116 inclusive; Stage 2 shall consist of Lots 1 to 72 inclusive and Blocks 73 to 85 inclusive; Stage 3 shall consist of Lots 1 to 15 inclusive; and Stage 4 shall consist of Block 1, all as shown on the Seventh Schedule attached hereto and in accordance with the following: (a) That Stage 2 of this Plan of Subdivision may register immediately consecutive with or subsequent to Stage 1 of this Plan; (b) That the registration of Stage 4 of this Plan of Subdivision shall not occur until such time as the alignment of the Block Line Road extension is finalized. In addition, no registration of Stage 4 may occur until the final lotting pattern has been approved through an amendment to the draft approval and this subdivision agreement. (c) That Stage 3 of this Plan of Subdivision may register immediately consecutive with or subsequent to the registration of Draft Plan of Subdivision 30T-86036." c) That Condition 65 be revised by deleting subsection (c) in its' entirety and substituting the following therefor: COUNCIL M/NUTES - 10 - JANUARY 11, 1993 (c) Blocks 114 to 119 inclusive for 0.3 metre reserves. d) That Condition 67 be deleted in its' entirety. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE JAN UARY 11, 1993 4. (CONT'D) e) That Condition 68 be deleted in its' entirety. That no further notice be required prior to the passing of the zoning by-law since the changes are minor and do not change the general nature of the subdivision. It is the opinion of this Committee that the approval of these revisions is proper planning for the City. (DEALT WITH UNDER DELEGATIONS AND CARRIED) = That the revised Official Plan Review Work Program and Timetable of Dates for review, circulation and consideration, as outlined in the revised attachment to Planning and Development Staff Report PD 135/92 dated December 24, 1992, be endorsed, subject to consideration by the Environmental Committee from 4 p.m. to 6 p.m. rather than 7 p.m. to 9 p.m. on March 3, 1993. (AS AMENDED) COMMUNITY SERVICES COMMITTEE 1. That the City of Kitchener participate in the Regional Voice Radio Project. That the Fire Department, the Public Works Department and Utilities Division be included in the design of the system for the Regional Voice Radio Project; with the Fire Department participating in the new system on its commencement and the Public Works Department and Utilities Division participating when their present hand-held mobile radios require replacement. That the City of Kitchener support the concept of financing the infrastructure and operation costs of the Regional Voice Radio Project through the Regional levy with each area municipality being responsible for the capital and operational costs of its user equipment. That the Region of Waterloo be advised that the City of Kitchener has included the financing of its user equipment for the Regional Voice Radio Project in its Capital Budget. That we approve a grant in the amount of $5,500.00 to the Kitchener Waterloo Skating Club towards the cost of hosting the 1993 Canadian Precision Skating Championships at the Kitchener Memorial Auditorium Complex, April 8 - 11, 1993, and further; That staff work with the organizers of this event to determine an appropriate event to be sponsored by the City of Kitchener. That a Parks & Recreation Advisory Committee be established in 1993 with a mandate of reviewing service levels, policy and future direction of leisure services on a City-wide basis, as outlined in the Terms of Reference attached hereto and forming part of these minutes, and further; That those operational responsibilities and issues of the Department of Parks & Recreation continue to be submitted to and reviewed by the Community Services Committee for recommendation to City Council. That the Parks & Recreation Advisory Committee's responsibilities be established as that of a consultant and support group to community organizations such as neighbourhood, sport, older adult, special needs associations, etc. relating to recommendations on levels of service and long range plans for the Department and Council. COUNCIL M/NUTES - 11 - JANUARY 11, 1993 That the Parks & Recreation Advisory Committee's role, as required, be to monitor both the level of and effectiveness of existing Department services through communication with various user groups. That the Parks & Recreation Advisory Committee be composed of a broad range of individuals appointed on their merit of interest in City-wide services but not necessarily precluding existing major clientele. COMMUNITY SERVICES COMMITTEE JAN UARY 11, 1993 10. That in accordance with the attached Terms of Reference, the Parks & Recreation Advisory Committee consist of 7 members of the public with staggered terms plus two members of Council to be appointed by Council and to report through the Community Services Committee. In 1993 - one representative shall be appointed for one year, three representatives for two years and three representatives for three years. (AS AMENDED) 11. That the Department of Parks & Recreation, through the Commissioner, make available such resource staff as may be necessary to carry out the Committee's business. 12. That we approve the final plan layout for the Mill-Courtland Community Centre, as presented to the Community Services Committee on January 4, 1993, and further; That the completed pre-qualifications for contractor and sub-contractors along with the tender date be acknowledged as this timing is necessary to comply with provincial grant application requirements. 13. That the City of Kitchener acknowledge the current operational difficulties and the projected capital improvement costs related to the Kiwanis Park, and further; That we acknowledge the Grand River Conservation Authority's proposal to have the Kiwanis Park open in 1993 without use of the pool. 14. That the City of Kitchener, through staff representatives, participate on a committee to be established, to review and recommend future alternatives for the Kiwanis Park beyond 1993, and further; That these alternatives be subject to review by Council prior to any final consideration by the Grand River Conservation Authority. 15. That the Mayor and Clerk be authorized to sign an agreement between the City and the Kitchener Rangers Hockey Club with a two year term, ending August 31, 1994, to grant the Rangers the exclusive right to sell advertising at 5 community arenas and the City receiving 75% of the net profit of such sales, and further; That there be an acknowledgement included in both the agreement with the Kitchener Rangers Hockey Club and in their standard form advertising agreement, used to sell advertising to third parties, that such agreement is for the sale of advertising only and does not have any effect whatsoever on any other contract(s) which the third party may have with the City. 16. That, subject to the approval of the Ontario Municipal Board, we approve an agreement with the Kitchener Rangers Hockey Club that allows them to sell interior display advertising at the Kitchener Memorial Auditorium Complex for the period of June 1, 1991 to May 31, 1996, and, That the City shall receive no less than $28,000.00 annually plus an annual inflation rate percentage increase and an additional 50% of net revenues after deducting agreed upon allowable expenses, and further; That there be an acknowledgement included in both the agreement with the Kitchener Rangers Hockey Club and in their standard form advertising agreement, used to sell advertising to third parties, that such agreement is for the sale of advertising only and does not have any effect whatsoever on any other contract(s) which the third party may have with the City. COUNCIL M/NUTES - 12 - JANUARY 11, 1993 17. That the Adult Full membership category at Rockway Golf Course be limited to a maximum of 300 members. 18. That the newly developed green located at the corner of Joseph Street and Victoria Street South be named "Lang Green". 19. That no action be taken on the request of the Huron Country Playhouse Foundation for a donation to undertake necessary renovations to the playhouse. FINANCE AND ADMINISTRATION COMMITTEE JAN UARY 11, 1993 That the City Treasurer be authorized to advance funds as required to the Social Planning Council of Kitchener-Waterloo, the Kitchener Musical Society, the Kitchener Horticultural Society, Project Lift, the Kitchener Public Library Board, the Centre In The Square Inc., the Kitchener Chamber of Commerce Visitor & Convention Bureau and the Homer Watson House Foundation provided such advances do not exceed 70% of the amount provided by Council to any such local Board or organization during the year 1992, save and except the Social Planning Council of Kitchener-Waterloo and Project Lift which shall on a month-to-month basis receive not more than 1/12 of approved 1992 budget funds, and further, That such authorization, exclude the Waterloo County Board of Education, the Waterloo Region Roman Catholic Separate School Board of Education and the Regional Municipality of Waterloo, and that the above arrangement shall remain in effect until such time as the 1993 budget is approved. That the Manager of Licensing be authorized to issue a Transient Trader Licence to 962123 Ontario Limited (Mr. R. Jorgensen). That relative to contract negotiations with the Kitchener Professional Fire Fighters Association, Council reject their final offer as outlined in the Memorandum of Agreement dated December 16, 1992, and further, That the Commissioner of Administrative Services be directed to make a counter offer as outlined in his presentation to the Finance and Administration Committee on January 4, 1993. LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE That Alderman M. Wagner be appointed Chairman of the Local Architectural Conservation Advisory Committee for a term expiring November 30, 1993. That Mr. V. Tarbutt be appointed Vice-Chairman of the Local Architectural Conservation Advisory Committee for a term expiring November 30, 1993. COUNCIL M/NUTES JANUARY 11, 1993 - 13- PARKS & RECREATION ADVISORY COMMITTEE TERMS OF REFERENCE 1. STRUCTURE City Council shall appoint a Parks and Recreation Advisory Committee to review and report to Council on parks and recreation matters affecting programs and facilities. The Committee shall be responsible directly to City Council and shall report to Council through its Community Services Committee. No member of the Parks and Recreation Advisory Committee shall at any time be directly involved in the administration, operations and management of the parks and recreation system. 2. COMPOSITION The City Council shall appoint nine members to the Parks and Recreation Advisory Committee as follows: (a)Two members of Council for a term of one year, (b)Seven members representative of the community for a staggered term of three years. In 1993, one representative shall be appointed for one year, three representatives for two years, and three representatives for three years. (c)Council may re-appoint a member upon expiration of his or her term of office. (d)Where a vacancy occurs for any cause, Council shall appoint a new member as soon as possible to hold office for the remainder of the term. 3. RESPONSIBILITIES The responsibilities of the Parks and Recreation Advisory Committee shall be as follows: (a)To receive written communications from interested parties, groups, bodies, organizations or individuals on Parks and Recreation matters. (b)To secure data and receive delegations as needed in order to study and develop recommendations. (c)Where requested by the Community Services Committee, to review and/or study request for changes to the level of service or revision of operating policies of the Parks and Recreation Department and to make appropriate recommendations to the Community Services Committee. (d)To review and make comments to the Community Services Committee/Finance Committee on the annual operating budget and ten year projected capital budget for the Parks & Recreation Department. (e)To perform such other tasks and undertakings as may be necessary to achieve the goals and objectives of the Parks and Recreation Department. 4. OPERATING PROCEDURES All meetings of the Parks and Recreation Advisory Committee shall be open to the public. Meetings shall be held quarterly or as required. These meetings will normally be set on a regular basis by a majority of the members but are subject to change at the discretion of the Chairman or at the request of the majority of the Committee. The Committee may initiate special meetings from time to time. Written notice of meetings shall be sent to all members at least three working days prior to the meeting, indicating date, time, location and agenda. Approved copies of the minutes and agendas shall be submitted to the Community Services Committee. COUNCIL M/NUTES - 14 - JANUARY 11, 1993 A secretary and senior Parks and Recreation Department staff member shall attend all meetings of the Committee. A quorum shall be five voting members. COMMITTEE OF THE WHOLE MINUTES JAN UARY 11, 1993 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. Execution - Master Proof of Loss It was resolved: "That the Mayor and Clerk be authorized to execute a Master Proof of Loss in the amount of $17,292.93 pertaining to damages sustained as a result of flooding at the Doon Pumping Station which occurred on or about April 1, 1992." 2.Renewal of Licences It was resolved: "That Mr. Frank S. Thomas and Ms. Cecilia Van Manen be granted a Body-Rub Parlour licence for a Body-Rub Shop known as Creative Relaxation Centre at 1601 River Road, Kitchener, for the year 1993, and further, That Massagist licences be granted to the following persons for the year 1993: Ms. Cecilia Van Manen R.R. #1, New Hamburg Mr. Frank Thomas 19 Lewis Crescent, Kitchener." 3. Encroachment Aqreement - CENTRE WARD It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owners and tenant of Part Lot 11, Plan 364, known as 212 King Street East (3 Minute Delicatessen & Steak House), to permit the construction of an access ramp which will encroach 0.8 feet, more or less, onto the King Street road allowance." 4.Quit Claim Deed - FAIRVIEW WARD It was resolved: "That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all rights of the City contained in paragraphs 3.(a), 3.(b) and 5.(b) of Schedules to Instrument No. 361724 and Instrument No. 417442 respecting Lot 14, Plan 1521 and municipally known as 22 Kevco Place, Kitchener, provided that a sign permit is obtained and the landscaping and paving is completed by July 1, 1993 to the satisfaction of the City's Site Plan Co-Ordinator." 5.Committee of Adjustment - Fence Variance - STANLEY PARK WARD It was resolved: COMMITTEE OF THE WHOLE MINUTES JANUARY 11, 1993 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of January 5, 1993, recommending approval of Submission No. F 1/93 - New Apostolic Church - Be Ratified and Confirmed." 6.Sewer Impost/Development Charqes No delegations registered to make a presentation regarding the annual adjustment to Kitchener Development Charges being considered this date. It was resolved: "1 .That Council approve the following amendment to By-law 91-314 by replacing Section 20 with the following: '20.(1) The development charges set out in Sections 6, 10 and Schedule 'B' attached hereto and the park frontage credit set out in Section 16(3) be adjusted as of the 11th day of January 1993 in accordance with the Composite Southam Construction Cost Index (Ontario Series) based on the index of performance over the preceding year for the period, November 1st to October 31st. 20.(2) The development charges set out in Sections 6, 10 and Schedule 'B' attached hereto and the park frontage credit set out in Section 16(3) shall be adjusted annually, without amendment to this by-law, as of the 1st day of January in each year, commencing on January 1, 1994 in accordance with the Engineering News Record Construction Cost Index as published in the Engineering News Record or the Composite Southam Construction Cost Index (Ontario Series), whichever is the lesser value, based on the index of performance over the preceding year for the period, November 1st to October 31 st.' 2.That staff be instructed to take the necessary steps to have the City's Sewer Impost Charges adjusted as of the 11th day of January in accordance with the Composite Southam Construction Cost Index (Ontario Series) based on the index of performance over the preceding year for the period, November 1st to October 31st." 7.Roqers Cable T.V. Limited - Municipal Access Aqreement It was resolved: "That, subject to Ontario Municipal Board approval, the Mayor and Clerk be authorized to sign an agreement with Rogers Cable T.V. Limited to continue to permit the installation of cable equipment on City property for a consent processing charge for a ten (10) year term commencing February 18, 1990 plus four renewal periods of ten (10) years each."