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HomeMy WebLinkAboutCouncil Minutes - 1993-02-08COUNCIL\1993-02-08 COUNCIL MINUTES FEBRUARY 8, 1993 The Council of the Corporation of the City of Kitchener met this date with all members present except Alderman M. Yantzi who entered the meeting shortly after its commencement. On motion by Alderman C. Weylie, the minutes of the special meeting held on January 22, 1993 and the regular meeting held on January 25, 1993, as mailed to the Mayor and Aldermen, were accepted. A. Communication referred to Committee of the Whole (1) Letter dated February 3, 1993 to Members of Council from R.W. Pritchard, Commissioner of General Services & City Clerk, relative to applications for cancellation, refund, reduction or levy of taxes. Mayor D.V. Cardillo indicated that Mr. Ken Motts was present along with a delegation regarding the matter listed as Item B.7(b) of the Committee of the Whole agenda of this date dealing with a request by the Substance Abuse Prevention, Health Recovery and Research Institute (Waterloo Region) Inc. Moved by Alderman B. Stortz Seconded by Alderman M. Wagner That the City of Kitchener has no objection to a Provincial Licence being issued to SAPHRRI - Substance Abuse Prevention, Health Recovery and Research Institute (Waterloo Region) Inc., 877 Wilson Avenue, Unit 2, 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 That the applicant meet all terms and conditions of Kitchener's Consolidated bingo Regulations as passed by City Council That the applicant meet with the Manager of Licensing to review the above regulations prior to any licence being issued 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. Carried. Mr. Simon Adler, Board Member of the Kitchener-Waterloo Hebrew Day School appeared as a delegation with respect to its request for the City's support of an application for a Provincial licence to conduct Monte Carlo Fund Raising Events. In this regard, Council was in receipt of correspondence from the following: letter dated February 3, 1993 from Mr. Mark Grossman, Chairman of the Board, report dated February 4, 1993 from the City's Manager of Licensing responding to their request; and a letter distributed this date from Mr. S. Adler giving a detailed explanation of the reasons for their request and outlining how they propose to conduct the events. In addition, Council was also in receipt of a letter dated February 5, 1993 from the Manager of Licensing to which was attached the first stage of the new Gaming Services Act and Interim Terms and Conditions. Mr. J. Wallace, City Solicitor, advised Council that in regard to this type of application, each charity was allowed only six events per year, each hall was allowed to conduct only one event per month and that according to Provincial regulations, each event had to be licensed individually. He indicated that he had no objection to issuance of a Provincial licence provided the organization complies with all Provincial regulations. Alderman C. Zehr commented that from the correspondence presented, it would appear the organization was not getting everything they wanted in respect to their request. Mr. Adler stated that it was their view that the organization had to make application only once for such events, but was willing to re-apply if necessary. COUNCIL M/NIYFES - 33 - FEBRUARY 8, 1993 Moved by Alderman G. Leadston Seconded by Alderman J. Ziegler That subject to the organization filing the required application with the Manager of Licensing, the City of Kitchener has no objection to a Provincial licence being issued to the Kitchener-Waterloo Hebrew Day School to conduct a Monte Carlo event at Lulu's Roadhouse in March, 1993, it being understood that they will comply with all applicable Provincial regulations. And further, that in respect to future events, the organization agrees to comply with Provincial regulations. Carried. Mr. Brian Bateman, Planning Initiatives Limited, appeared as a delegation in support of clauses 1 & 2 of the report of the Planning and Economic Development Committee of this date. In addition, he indicated that he also was asking for Council's support of three readings of the Zoning By-law pertaining to Rockway Holdings Limited -Application No.90/15/H/JW listed on the agenda as 9(j) and 12(j) for first and third readings, respectively. Mr. Paul Britton appeared as a delegation in respect to the policy pertaining to Pits and Quarries which was being dealt with as part of clause 1 of the report of the Planning and Economic Development Committee of this date. He indicated that he had provided staff with a report commenting on jurisdictional issues pertaining to pits and quarries which reaffirms the committee's recommendation in this matter. Also he advised that on behalf of Stamm Investments Limited, it was his desire that the policy be resolved as quickly as possible so that his clients' application could now proceed to a public meeting. Alderman T. Galloway advised that at the February 1st Planning & Economic Development Committee meeting, he had raised concerns with respect to placing reliance on the Ministry of Natural Resources to deal effectively with site plan control issues. He questioned if there was a mechanism to obtain a form of guarantee from the Ministry that these issues had been addressed prior to Council giving three readings to the zoning by-law. Mr. Britton commented that the problem was one of trust between the municipality and the Ministry of Natural Resources in respect to the conditions required by the Ministry for issuance of the necessary licences. He suggested that as a pre-condition to three readings of the zoning by-law, the City be in receipt of a letter from the Ministry of Natural Resources agreeing that the conditions of concern to the City being included as part of the granting of the licence by the Ministry. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie That clauses 1 and 2 of the report of the Planning and Economic Development Committee of this date be adopted. Alderman T. Galloway advised Council that he had had an opportunity to discuss this matter in more depth with staff and pointed out that the Sewell Commission has been advised of significant concerns throughout the Province with respect to the approval procedure for the operation of Pits and Quarries. Moved by Alderman T. Galloway Seconded by Alderman M. Wagner That clause 1 of the report of the Planning and Economic Development Committee of this date be amended so as to include the following as part of the City's policy approach to approval of zone changes for gravel pits: "Further, that prior to three (3) readings of the zoning by-law implementing Council's zone change approval, the City be in receipt of a letter from the Ministry of Natural Resources agreeing to recommend to the Minister, City Council's conditions." Carried. Alderman J. Ziegler's main motion, as amended, was then put to a vote. It was resolved: That clause 1, as amended, and clause 2 of the report of the Planning and Economic COUNCIL M/NIYFES - 34 - FEBRUARY 8, 1993 Development Committee of this date be adopted. Moved by Alderman T. Galloway Seconded by Alderman G. Lorentz That the new Pits and Quarries policy requirement for the City to be in receipt of a letter from the Ministry of Natural Resources agreeing to recommend to the Minister, City Council's conditions not apply retroactively to Rockway Holdings Inc. Application No. 90/15/H/JW. Carried. Alderman T. Galloway referred to his letter dated February 4, 1993 to Members of Council dealing with a motion that he had proposed at the February 1 Planning and Economic Development Committee meeting asking the Ministry of Natural Resources and the Ministry of Municipal Affairs to consider amending the necessary legislation that would allow the municipality site plan controls for gravel pits. It was his view that the municipality was in a better position to perform the site plan control function, as well as to benefit from simplification of the zone change application process. Mr. T. McCabe commented that he was fairly certain that several years ago City Council had passed a similar resolution to the one proposed by Alderman Galloway that was not responded to by the Ministry. Moved by Alderman T. Galloway Seconded by Alderman J. Ziegler WHEREAS it has been recently determined that current legislation places site plan controls under the auspices of the Ministry of Natural Resources and, WHEREAS the City is involved in collecting neighbourhood input for the necessary Zone Change Application and the Ministry of Natural Resources does not require a similar neighbourhood circulation as part of the licensing process and, WHEREAS the neighbouring property owners will ultimately rely on the City for site plan control and resultant problems, BE IT RESOLVED THAT the Clerk will correspond with the Ministry of Natural Resources and the Ministry of Municipal Affairs with a view to amend the appropriate legislation to allow for municipalities to have site plan control with respect to gravel pits. AND FURTHER THAT a copy of this resolution be sent to the Association of Municipalities of Ontario. Carried. Mr. David Kresky appeared as a delegation to comment on the City's 1993 budget. He acknowledged that while tax increases had been held to a Iow percentage rate increase, he wished to express concern that in reality total spending was going up much more than the rate of inflation and this higher level of spending will have to be covered by future tax increases. Further, he noted that the 2% salary increase awarded to municipal employees was a concern in view of economic conditions that have seen salaries in the private sector, either frozen or reduced. Mr. Kresky questioned how the City could achieve a zero percent tax increase in 1994 since current expenditures were up 5% over 1992 levels, what budget cuts could be made to achieve the 1994 goal and if so, why these cuts had not been made in 1993. In summary, he stated that in his opinion, municipal priorities were not being fully considered and evaluated and requested that members of Council make every attempt to keep the public honestly informed through clear statements of the impact of the City's spending and budget issues. Alderman M. Yantzi entered the meeting at this point. Alderman G. Lorentz commented that he could not recollect receiving one suggestion from Tax Watch during discussion of the City's 1993 budget even though an invitation for comment was extended to Tax Watch. Alderman C. Zehr responded to some of the points raised by Mr. Kresky in his presentation. In particular, he noted that annualization of costs relative to the operation of the new Fire Station No.6 alone had had a 2% impact on the tax levy. Had it not been for this the taxes would not have increased in 1993. With respect to a 2% 1993 staff salary increase he noted that this was as a result of a two-year contract previously negotiated and that Council has sent out a strong message pertaining to 1994 contracts. Alderman Zehr reviewed options for budget reductions that Council had considered, including taking COUNCIL MINUTES - 35 - FEBRUARY 8, 1993 additional funds from Reserve Accounts and reducing programs. He stated that the 1994 goal was a zero percent tax increase but that he could not predict the spending level at this time given that expenditure levels would follow growth or shrinkage in the economy. Alderman M. Wagner reviewed the extent of the budget deliberations by both the Finance and Administration Committee and City Council, and noted the fact that he did not recall anyone from Tax Watch attending any meetings and that it was simply not possible to rely on the media to report all the issues debated relative to the budget. Mayor D.V. Cardillo also summarized the budget review process which had commenced in June 1992 and terminated in January with a 1.5% tax increase and no reductions of any magnitude in municipal services being provided. Alderman C. Zehr advised Mr. Kresky that in the spirit of doing everything possible to provide for an open budget process, Council had just received information this evening from staff that a Continuous Improvement Productivity Steering Committee meeting was being held on February 9 between 12 noon and 5 p.m. to hear presentations relative to how four C.I.P. review groups are improving processes within City Hall to achieve more efficient operations. Mr. lan Cook, President of the Kitchener-Waterloo Homebuilders Association, appeared as a delegation on behalf of his organization and as a concerned taxpayer to comment on non-profit housing programs and on Kitchener's staff response to the 1992 Annual Report of the Provincial Auditor on Non-Profit Housing Programs (clauses 5 & 6 respectively of the report of the Planning and Economic Development Committee of this date). He stated that he was pleased to see staff acknowledge that non-profit housing was an expensive program and that he believed with involvement of the private sector, housing needs could be more effectively addressed. Mr. Cook pointed out that non-profit housing programs were slow in responding to changing and changed market circumstances. In this regard, he referred to the inability to take advantage of declining land prices and unnecessary ongoing allocations for production of non-profit housing units when the housing vacancy level was at a satisfactory level that meets current demand. Mr. Cook advised that he was in complete support of providing affordable housing, but that Provincial non-profit housing programs were not an efficient method to provide such housing accommodation for those in need. In reference to clause 5 of the Planning and Economic Development Committee report, he advised that he was in support but recommended that it be amended to include a Council directive that Kitchener Housing Inc. return some of its unit allocation to the Province in order to get their attention on this matter and that a report be prepared to document cost comparisons between the cost of housing accommodation provided by the private sector as compared to the costs incurred per unit for non-profit housing. Alderman J. Ziegler stated that clause 5 of the report as written would encompass the kind of analysis that Mr. Cook is requesting. In response to Alderman B. Stortz, Mr. Cook advised that a meeting was held with Elizabeth Witmer, M.P.P., who suggested that his organization contact the Minister of Housing and the Housing Critics of the Opposition Parties in the Legislature. Mr. Cook also advised that following a meeting with Ministry representatives, the government assured them that it intended to continue with the present non-profit housing program. A lengthy discussion of non-profit housing programs took place and touched on issues of funding levels, target groups, program costs/program benefits, reality of the changing housing market, rent subsidy programs, impact of non-profit housing programs on private sector landlords, continuance of past plans for additional non-profit housing unit allocations, lack of program accountability and perceived needs as opposed to actual needs. In response to Alderman B. Stortz, Ms. S. Frenette briefly commented on issues pertaining to affordable housing waiting lists, per unit subsidy costs and impact on other landlords. She noted that these matters would be the subject of a report soon to be considered by the Planning and Economic Development Committee. It was requested that a copy of the report be provided to Mr. Cook and that he be advised of the date of its consideration by the Committee. Alderman M. Yantzi requested that Mr. Cook provide information on issues he had referred to Kitchener Housing Inc. Alderman T. Galloway questioned if the private sector would build affordable housing in downtown locations as Kitchener Housing Inc. does. Mr. Cook advised that such undertakings would have to be analyzed on a project by project basis taking market rental factors into account. However, he indicated that with lower land prices, it could be feasible for the private sector to develop a project in a downtown location. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie COUNCIL M/NIYFES - 36 - FEBRUARY 8, 1993 That clause 5 of the report of the Planning and Economic Development Committee of this date be adopted including an amendment directing that a copy of the resolution be sent to the Association of Municipalities of Ontario. Alderman M. Yantzi requested a recorded vote. In favour: Mayor D.V. Cardillo and Aldermen M. Wagner, G. Leadston, C. Zehr, J. Ziegler, T. Galloway, G. Lorentz and C. Weylie. Contra: Aldermen M. Yantzi, B. Stortz and J. Smola. Carried. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie That clause 6 of the report of the Planning and Economic Development Committee of this date be adopted. Carried. Mr. Jake Smola appeared as a delegation to comment on the hiring decision of Toronto City Council in respect to its recent recruitment of firefighters and the positive aspects of how the matter was dealt with by Toronto. He circulated and relayed the contents of a News Release put out by the Toronto Firefighters Association on January 22, 1993 in which it was made clear that the Association welcomes the hiring of visible minorities, women, native Canadians and persons with disabilities provided ability was the only criterion used in the final selection of firefighter candidates. He then read the contents of an attachment to the news release dealing with testing procedures and differences in ability levels between the candidates, as well as a fiction/fact tabular comparison of information relating to the current list of firefighter candidates. Mr. Smola then proceeded to present the information also contained in an attachment addressing the topic of 'The Development and Perpetuation of Racism.' Alderman M. Yantzi requested that the information Mr. Smola was presenting be referred to the City's Employment Equity Committee for consideration as part of the Committee's ongoing review. Alderman C. Zehr commented that each time Mr. Smola appears before City Council, he makes statements that are a repeat of previous statements. Further, Alderman Zehr stated that he objected to the manner in which Mr. Smola was presenting material, which is in contravention of Council's deputation policy. As well he objected to the innuendo of Mr. Smola's remarks that border on accusations of wrong-doing. Mayor D.V. Cardillo ruled and gave notice to Mr. Smola that in future, unless he has provided deputation material within published deadlines to the City Clerk for inclusion in the Council agenda, he would not be heard by City Council. Alderman T. Galloway advised Council that the Employment Equity Committee has held two meetings and intended to present a recommendation to City Council by May or June 1993. In response to Alderman B. Stortz who requested staff to enquire with the Human Rights Commission on the status of appeals that have been filed respecting handling of Kitchener Firefighter candidates, Mr. R. Freeborn advised that the City has repeatedly contacted the Commission and it would appear that the Commission is not interested in expeditious handling of the appeals. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie That the report of the Planning and Economic Development Committee of Council of this date be adopted. Voted on clause by clause. Clauses 1 & 5 - dealt with under delegations and Carried, as amended. Clauses 2 & 6 - dealt with under delegations and Carried. COUNCIL M/NIYFES - 37 - FEBRUARY 8, 1993 Balance of Report - Carried. Moved by Alderman C. Zehr Seconded by Alderman G. Lorentz That the report of the City Hall Steering Committee of this date be adopted. Clauses 1 & 2 of the report were the subject of lengthy discussion and on motion by Alderman M. Yantzi, seconded by Alderman J. Ziegler, it was agreed to amend clause 1 so as to delete the 17" 64Khz monitors costing $36,450. Discussion revolved around the need for an upgraded computer, the audio visual system and the intent that millwork be designed and sized to accommodate 17" monitors which were not intended to be purchased at this time. Mr. R. Freeborn commented that the current debate simply related to how and whether or not the AV System would be connected to the City's LAN computer system as it currently is in Committee Room No.4. Following lengthy discussion, there was a consensus that no action be taken on clauses 1 & 2 of the report and on motion by Alderman C. Zehr, seconded by Alderman M. Wagner, it was agreed that an additional clause be added to the report to give direction and allow for further discussion of technical details relating to the Audio Visual System. The report was put to a vote. Voted on clause by clause. Clause 1 - no action taken on amended recommendation. Clause 2 - no action taken on recommendation. 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. 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 M. Yantzi referred to clause 4 and questioned the implication of the recommendation. Mr. T. McKay stated that it was his view that the Committee had intended approval in principle only and Alderman Yantzi suggested that clause 4 be prefaced to require that staff explore and provide a report on the implications of the recommendation. It was Alderman J. Ziegler's view that the initiative should be approved and enforcement be undertaken as soon as possible. The report was then put to a vote. Voted on clause by clause. Clause 4 - a recorded vote was requested. In favour: Mayor D.V. Cardillo and Aldermen B. Stortz, J. Smola, G. Leadston, C. Zehr, J. Ziegler, G. Lorentz and C. Weylie. Contra: Aldermen M. Yantzi, T. Galloway and M. Wagner. Carried. COUNCIL MINUTES - 38 - FEBRUARY 8, 1993 Balance of Report - Carried. Alderman C. Weylie advised Council that she wished to give notice of her intention to introduce a motion to change the title of Kitchener Council members from Alderman to Councillor. Members of Council indicated that they were fully supportive of Alderman Weylie in this matter. Moved by Alderman J. Ziegler Seconded by Alderman G. Lorentz That Notice of Motion not be required with respect to a motion proposed by Alderman C. Weylie to change the title of Kitchener Council members from Alderman to Councillor. Carried Unanimously. Moved by Alderman C. Weylie Seconded by Alderman J. Ziegler WHEREAS the use of the title Councillor is widespread and, WHEREAS fewer and fewer municipalities use the title Alderman and, WHEREAS the public will not have the confusion as they presently have with the title Alderman, THAT the title of Ward Representatives to Kitchener City Council be changed to Councillor from Alderman to become effective coincident with the move from the existing City Hall to the new City Hall in August/September, 1993. AND FURTHER, that the City Solicitor be authorized to prepare the necessary by-law in this regard. A recorded vote was requested and Alderman Weylie's motion was Carried Unanimously. Alderman T. Galloway referred to two different letters each dated February 4, 1993 that were being sent to Members of Council concerning the proposed Women's Correctional Facility on property situate adjacent to Homer Watson Boulevard and Manitou Drive. He questioned if staff should be given direction relative to the request. Mr. J. Wallace, City Solicitor advised Council that each request was irrelevant given that the proposed facility may be the subject of an Ontario Municipal Board Hearing. He indicated that under no circumstances could the City comply with the requests and following receipt of this advice, Council took no action relative to the letters. Alderman J. Ziegler referred to a draft report that all members of Regional Council had received from the Regional Chief Administrative Officer concerning a proposed Partnership Role between the Region and the Area Municipalities for Economic Development. Council agreed with a suggestion by Mr. T. McKay that the matter be included on the next agenda of the Planning and Economic Development Committee for consideration at its meeting scheduled for Monday, February 15, 1993. Alderman J. Ziegler raised the matter of consideration of pending amendments to Chapter 530 of the City of Kitchener Municipal Code regarding dogs. Members of Council were in receipt of a letter dated February 5, 1993 from Ms. L. MacDonald, Assistant City Solicitor, detailing the present status of the matter. Alderman J. Ziegler pointed out that the ad hoc committee which reviewed this matter had met on January 26 and reached a satisfactory resolution. He pointed out that the proposed three dog limit had been changed to ten as the hobbyists have pointed out that if the limit was any lower, they could not develop pedigrees. Alderman Ziegler commented that if there were problems in future, Council could act quickly to revise the approved limit. He indicated that he had expected a by-law to be on the agenda for consideration this date. A concern respecting dog waste was raised and it was suggested that Regional Engineering be requested to address the question of what Kitchener residents should be doing to dispose of dog waste given the constraints of existing by-laws and regulations. Alderman C. Zehr advised that he was opposed to dealing with this issue at this meeting and pointed out that Council's previous direction was that the matter be referred back to the Finance and Administration Committee for consideration and a recommendation to City Council. By general consent, Council agreed that proposed amendments to Chapter 575 (Pet Shops) and 530 COUNCIL M/NIYFES - 39 - FEBRUARY 8, 1993 (Dogs) of the City of Kitchener Municipal Code, would be dealt with by the Finance and Administration Committee. Alderman J. Ziegler referred to a resolution that was recently circulated to Members of Council concerning Pop Cans and Council directed that this matter be placed on the next Committee of the Whole agenda for consideration. Moved by Alderman G. Leadston Seconded by Alderman J. Ziegler That the City of Kitchener respects the corporate initiatives of the City of Waterloo and affirms that we will continue working co-operatively with the City of Waterloo in furthering current and future initiatives of both communities. Several members of Council objected to dealing with Alderman Leadston's motion as it was their view that a problem did not exist between the twin city Councils or staff. In this regard, Alderman Wagner referred to the numerous ongoing activities that are taking place between the twin cities. A motion by Alderman M. Yantzi, seconded by Alderman M. Wagner to defer Alderman Leadston's motion and refer it to the Twin City Committee meeting for discussion on February 26, 1993 was voted on and Lost. The motion of Alderman Leadston was then considered and a recorded vote was requested. In favour: Aldermen J. Smola, G. Leadston, C. Zehr, J. Ziegler, T. Galloway, G. Lorentz and C. Weylie. Contra: Mayor D.V. Cardillo and Aldermen B. Stortz, M. Yantzi and M. Wagner. Carried. Prior to Council's consideration of the by-laws as listed on the agenda, Mr. G. Sosnoski advised that the by-law listed as 9(n) and 12(n) for first and third readings, respectively, should be corrected to refer to it as a by-law to extend time for conveyance of lands pursuant to By-law 92-180 rather than as a by-law to amend By-law 92-180. With this change, the by-laws on the agenda were considered. Moved by Alderman J. Smola Seconded by Alderman G. Leadston That leave be given the Mover and Seconder to introduce the following by-laws, namely: 5. (Cont'd) (a) To provide for an Interim Tax Levy and to provide for the payment of interim taxes (b) Being a by-law to provide for interest to be added to tax arrears (c) Being a by-law to establish a Penalty Charge for non-payment of current taxes (d) Being a by-law to authorize the borrowing of $151,596,000 (e) Being a by-law to further amend By-law 75-93 dealing with the payment of pensions (f) To further amend By-law 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities (g) To further amend By-law 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 license Street Vendors in Victoria Park and at specific street intersections, expiring December 31, 1993 (i) Being a by-law to amend By-law No. 85-1 - Drewlo Holdings Inc. - Bleams Road and Homer Watson Boulevard - No.88/71/B/ZJ COUNCIL M/NIYFES - 40 - FEBRUARY 8, 1993 (J) (k) (I) (m) (n) Being a by-law to amend By-law No. 85-1 known as the Zoning By-law - Rockway Holdings Limited - Huron Road - No. 90/15/H/JW To confirm all actions and proceedings of the Council Being a by-law to extend time for conveyance of lands pursuant to By-law 92-167 - Pinnacle Drive closed Being a by-law to exempt a certain lot from Part Lot Control - Lot 16, Registered Plan 1730 - Tamvale Crescent Being a by-law to extend time for conveyance of lands pursuant to By-law 92-180 - Brookfield Blvd. closed 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 C. Weylie as Chairman. On motion, the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the Chair. Moved by Alderman C. Weylie Seconded by Alderman M. Yantzi 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 J. Smola Seconded by Alderman G. Leadston That the by-laws listed on the agenda for third reading, namely: (a) To provide for an Interim Tax Levy and to provide for the payment of interim taxes (By-law No. 93-27) (b) (c) (d) (e) (f) (g) Being a by-law to provide for interest to be added to tax arrears (By-law No. 93-28) Being a by-law to establish a Penalty Charge for non-payment of current taxes (By-law No. 93-29) Being a by-law to authorize the borrowing of $151,596,000 (By-law No. 93-30) Being a by-law to further amend By-law 75-93 dealing with the payment of pensions (By-law No. 93-31) To further amend By-law 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities (By-law No. 93-32) To further amend By-law 88-173, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener COUNCIL M/NIYFES - 41 - FEBRUARY 8, 1993 (h) (i) (J) (k) (m) (n) Being a by-law to license Street Vendors in Victoria Park and intersections, expiring December 31, 1993 (By-law No. 93-33) at specific street (By-law No. 93-34) Being a by-law to amend By-law No. 85-1 - Drewlo Holdings Inc. - Bleams Road and Homer Watson Boulevard - No.88/71/B/ZJ Being a by-law to amend By-law No. 85-1 Limited - Huron Road - No. 90/15/H/JW (By-law No. 93-35) known as the Zoning By-law - Rockway Holdings To confirm all actions and proceedings of the Council Being a by-law to extend time for conveyance of lands pursuant Pinnacle Drive closed (By-law No. 93-36) (By-law No. 93-37) to By-law 92-167 - (By-law No. 93-38) Being a by-law to exempt a certain lot from Part Lot Control - Lot 16, Registered Plan 1730 - Tamvale Crescent (By-law No. 93-39) Being a by-law to extend time for conveyance of lands pursuant to By-law 92-180 - Brookfield Blvd. closed (By-law No. 93-40) be taken as read a third time, be finally passed and numbered serially by the Clerk. On motion, the meeting adjourned. Carried. .................................................................... Mayor Clerk COUNCIL M/NIYFES - 42 - FEBRUARY 8, 1993 REPORTS ADOPTED BY COUNCIL - FEBRUARY 8, 1993 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (1) That the following be adopted as the City of Kitchener's consistent approach, in the future, to approval of zone changes for gravel pits: Municipal concerns which can be addressed by the Ministry of Natural Resources will be incorporated in a Council resolution requesting that the Minister, when considering the pit licence application, have regard to the matters specified and address them either as conditions on the licence or by revising the site plans which will form part of the licence. The resolution would be passed at the same time Council considers the associated zone change application. Further, that prior to three (3) readings of the Zoning By-law implementing Council's zone change approval, the City be in receipt of a letter from the Ministry of Natural Resources agreeing to recommend to the Minister, City Council's conditions. Municipal concerns which cannot be addressed by the Ministry of Natural Resources must be satisfactorily addressed by the applicant prior to three readings of the proposed by-law, without the imposition of a development agreement. That City Council acknowledge that enforcement of conditions and site plans for gravel pits is the sole responsibility of the Ministry of Natural Resources. (2) That the July 13, 1992, Council resolution approving Zone Change Application 90/15/H/JW (Rockway Holdings Ltd.) be rescinded and replaced with the following: (A) That Zone Change Application 90/15/H/JW requesting a change in zoning from Agricultural (A-l) to Agricultural (A-l) with special use and special regulation provisions on Lots 10-14 inclusive, 24-26 inclusive and Part Lots 9 and 23, Registered Plan 585 and Part Lot 149, German Company Tract, be approved in the form shown in the Proposed By-law, attached, dated June 4, 1992, subject to the following conditions being satisfied prior to any readings of the 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. The owner acknowledges that Condition 1 hereof 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 90/15/H/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 the approval of these revisions is proper planning for the City. (B) That the Ministry of Natural Resources have regard to the following matters in considering the application of Rockway Holdings Limited for a Class A Licence on Lots 10-14 inclusive, 24-26 inclusive and Part Lots 9 and 23, Registered Plan 585 and Part Lot 149, German Company Tract: Approval by the City of Kitchener of a zoning by-law to permit a pit is based on the Existing Features Plan, Operational Plan and Notes, and Progressive Rehabilitation and Final Rehabilitation Plans and Notes, dated 92 04 06 and attached to Staff Report PD 58/92. The City of Kitchener requests that the following be shown on the Aggregate Resources Act site plans: COUNCIL ~VHNUTES PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 43- FEBRUARY 8, 1993 FEBRUARY 8, 1993 1. (Cont'd) 2, 1. (a) Landscaping, including planting and surfacing details, for all areas outside the Limits of Extraction, as shown on the Landscape Plan prepared by Planning Initiatives Ltd., dated August 16, 1992; (b) Grading and drainage control details, including detailed erosion and siltation control features, for all areas outside the Limits of Extraction, as shown on the Erosion Control Plan prepared by Planning Initiatives Ltd., dated September 9, 1992; The City of Kitchener requests that the following notes be included on the Aggregate Resources Act site plans: (a) Landscaping to be completed within one year of commencing the stripping of topsoil on site. Implementation of the approved landscaping plan to be verified by a qualified Landscape Architect. Landscaping to be maintained in an acceptable state for the life of the proposed pit. (b) Berms will be designed and constructed to ensure that natural drainage to and from the site is not impeded or restricted and further, that there will be compatible drainage with abutting properties and public rights-of-way. All erosion and siltation control measures to be implemented prior to the commencement of any site grading. Site grading and drainage scheme to be implemented in accordance with the approved plan within one year of commencing the stripping of topsoil for the affected phase. Erosion and siltation control measures to be maintained for the life of the proposed pit. (c) Owing to the proximity of nearby dwellings, berm construction shall not occur in the months of June, July or August. (d) The operation of any machinery or equipment used in conjunction with the pit, other than water pumping equipment, shall not occur between the hours of seven o'clock in the afternoon (local time) and seven o'clock in the morning (local time) of the next day or on any Sunday or holiday unless written permission is obtained from the City of Kitchener's Commissioner of Public Works for special projects. The City of Kitchener objects to the inclusion of Note 24 on the Operational Plan as no application has been made to the City of Kitchener to permit a portable asphalt plant on the site, and it is not a permitted use in the zoning by-law. (DEALT WITH UNDER DELEGATIONS AND CARRIED, AS AMENDED) That, City Council approve the Official Plan Amendment, (Ministry of Government Services/Ministry of Transportation - Pioneer Tower East), being an amendment to the Kitchener Official Plan to: (i) Amend Map 1 - Plan for Land Use as shown on the attached Schedule "A", and; (ii) Amend Section IV. 11 "Policies for Specific Areas" by adding the following clause (e) to existing Special Policy 11 .xlvi: "(e) Notwithstanding the designation of Business Park on certain portions of the lands located between the Highway #8 By-pass and the Kitchener- Cambridge municipal boundary, free standing offices will be permitted." It is the opinion of this Committee that the approval of this Amendment to City's Approved Official Plan is proper planning. COUNCIL M/NIYFES - 44 - FEBRUARY 8, 1993 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE FEBRUARY 8, 1993 2. (Cont'd) That, Zone Change Application 92/23/S/LM (Ministry of Government Services/Ministry of Transportation) requesting a change in zoning from Industrial (I) and Highway Commercial (HC) under Township of Waterloo Zoning By-law 878-A to Open Space Zone (P-2), Restricted Business Park Zone (B-2) with a Special Use Provision, Business Park Service Centre Zone (B-3) with a Special Regulation Provision, and Service Commercial Zone (C- 6) with a Special Regulation Provision all under Zoning By-law 85-1 on lands described as Part of Lots 8, 9, 13, 21, 22, 23 and 24, Beasley's Broken Front Concession, be approved in the form shown in Proposed By-law attached, dated January 7, 1993. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with a recommended Amendment to the City's Approved Official Plan. (DEALT WITH UNDER DELEGATIONS AND CARRIED) That the Department of Planning and Development and the Department of Economic Development prepare reports, for consideration at the February 15th Planning and Economic Development Committee meeting, that address the pros and cons of the request by Mr. D. Travers acting on behalf of Northport Landing Inc. for liberalization of interpretation of Official Plan Policies with respect to development of a vacant parcel of land (885 Glasgow Street/Fischer- Hallman Road) with offices for a financial establishment rather than a medical office use. 4. That, Council for the City of Kitchener repeal Interim Control By-law 91-215. That the City of Kitchener request the province to examine the benefits of implementing a rent subsidy program including the possibility of rent protection for landlords, and in conjunction with that consider varying the non-profit housing program to meet municipal objectives and fill the housing need more cost effectively. And further that a copy of this resolution be sent to the Association of Municipalities of Ontario. (DEALT WITH UNDER DELEGATIONS AND CARRIED, AS AMENDED) That Council receive Kitchener Department of Planning and Development Housing Division Staff Report PD 5/93 and forward it to the Ministry of Housing for their information. (DEALT WITH UNDER DELEGATIONS AND CARRIED) That the following proposed street names be approved for Draft Plan of Subdivision 30T-86035 (Drewlo Holdings Inc.): Street One Fallowfield Drive Street Two Dakota Street Street Three Hanover Street Street Four Brisbane Drive Street Five Joshua Street Street Six Parkin Street Street Seven Britton Place Street Eight Fallowfield Court Street Nine Anastasia Drive Street Ten Fallview Street Street Eleven Fallview Court Street Twelve Anastasia Drive Street Thirteen Jeffrey Place CITY HALL STEERING COMMITTEE 1. That the Council Chamber Audio-Visual System be upgraded by including a computer workstation COUNCIL M/NIYFES - 45 - FEBRUARY 8, 1993 for the Chamber ($20,000), Cable interface for Rogers community broadcast ($3,000), and AV Design Fees of $10,000. (Recommendation amended to delete inclusion of "17 inch 64Khz monitors - $36,450" but NO ACTION TAKEN ON AMENDED RECOMMENDATION). CITY HALL STEERING COMMITTEE FEBRUARY 8, 1993 That staff report back to the City Hall Steering Committee with the differential cost between the 14" and 17" monitors; and the millwork cost to include the 14" monitor in the Council Tables pre-cut to accommodate a 17" monitor. (NO ACTON TAKEN ON RECOMMENDATON) That we instruct the City's consultant to begin the process of preparing drawings for the installation of an audio-visual system in the new City Hall Council Chambers that is comparable to the present system in place in Committee Room #4. And further, that additional information with respect to a Sun workstation, wiring, etc. be obtained for presentation and discussion on February 15, 1993 by the City Hall Steering Committee or alternatively, by the Finance and Administration Committee. COMMUNITY SERVICES COMMITTEE That we approve an in-kind grant to Artfest '93 in the amount of $4,046.00 for the following goods and services: street closure ($450), stage units X 3 ($600), printing ($2,000), bus advertising on 10 buses ($700) and Leisure Magazine ($296). That we reserve a portion of a section of our future cemetery site for the Canadian Albanian Community Association of Kitchener, and further; That up to 250 grave spaces be reserved with the terms and conditions of how the grave spaces are to be sold to be determined through discussions between the City and the Canadian Albanian Community Association, prior to entering into an agreement. FINANCE AND ADMINISTRATION COMMITTEE That Policy No. 1-65 relative to Awards of Merit and/or Certificates of Services marked "Draft Revision - January 5, 1993", be approved, and further, That Clause No. 1 of the Draft Policy be further revised to indicate that eligibility is to be based on an individual's total accumulated years of service. That the Manager of Licensing be authorized to issue a Driving Instructors Licence to Mr. Maurice J. Levesque. That the Manager of Licensing be authorized to issue an Ice Cream Vehicle Driver Licence to Mr. Jamie Goudge. That the City authorize all Parking By-law Enforcement staff and one Zoning By-law Enforcement Officer to issue tickets for infractions under Chapter 450 (Noise) of the Municipal Code for a six month trial period after which this initiative will be reviewed relative to the need for additional staff, and further, That the above staff be appropriately trained, and where advisable work in conjunction with Regional Police. COMMITTEE OF THE WHOLE MINUTES FEBRUARY 8, 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. Acting Mayor It was resolved: "That Alderman C. Weylie be appointed Acting Mayor during the absence of His Worship Mayor Cardillo from Sunday, February 28th to Tuesday, March 2nd, 1993 inclusive." 2. Engineering Agreements 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 MTE Consultants Inc., regarding Aberdeen Estates, 30T-88007." - and - "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 MTE Consultants Inc., regarding Biehn Drive Subdivision, 30T-90007." 3. Licenses It was resolved: "That the City of Kitchener has no objection to a Lottery Licence being issued to the Kitchener Senior Volunteers Services Inc., 310 Charles Street East, Kitchener, to conduct a Raffle Lottery at their offices on June 30, 1993." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Central Ontario Exhibition, to conduct a Monte Carlo Event on July 6-11, 1993, at the Kitchener Memorial Auditorium, 400 East Avenue, Kitchener." - and - "That the $1.00 Charitable Organization licence fee apply to the Auctioneer's licence required by the Laurentian Hills Christian School for a Sale to be held at the school on March 26, 1993." - and - "That the Moppet Parent Participating Preschool of Kitchener, Suddaby School, 175 Frederick Street, Kitchener, be granted permission to obtain a Raffle Lottery Licence for a draw in February of 1993." 4. Requests for Allocation of Subsidy Funds COMMITTEE OF THE WHOLE MINUTES FEBRUARY 8, 1993 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) It was resolved: "That the Mayor and Clerk be authorized to execute Request No. 2 pursuant to The Public Transportation and Highway Improvement Act COMMITTEE OF THE WHOLE MINUTES FEBRUARY 8, 1993 REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) 4. Requests for Allocation of Subsidy Funds (Cont'd) for the allocation of subsidy funds for the year 1992 in the amount of $17,047. for the provision of public transportation services for physically disabled persons." - and - "That the Mayor and Clerk be authorized to execute Request No. 1 pursuant to The Public Transportation and Highway Improvement Act for the allocation of Provincial subsidy funds in the year 1993 in the amounts of $86,800. for Capital and $692,528. for Operating for the provision of public transportation for physically disabled persons." - and - "That the Mayor and Clerk be authorized to execute Request No. 1 pursuant to The Public Transportation and Highway Improvement Act for the allocation of subsidy funds for the year 1993 in the amount of $3,409,258 for the Capital Assistance Program and $3,180,825. for the Transit Operating Assistance Program." 5. Bus Push for Biq Sisters It was resolved: "That we approve the University of Waterloo Engineering Society B taking of a collection along the route of the Annual Bus Push for Big Sisters to be held on March 13, 1993." 6. Location Study - Middle & South Strasburq Creek Sanitary Trunk Sewer It was resolved: "That the City waive its normal procedure for the selection of consultants and retain the firm of MTE Consultants Inc. to conduct a study to determine the appropriate alignment of the Middle and South Strasburg Creek Sanitary Trunk Sewers between Biehn Drive and Huron Road through Subdivision 30T-88007, Hallman Aberdeen Ltd." 7. Binqo Applications/New Binqo Halls (a) Aequitas Inc. It was resolved: "That the City of Kitchener has no objection to a Provincial Licence being issued to Aequitas Inc., Kitchener House Community Resource Centre, 300 Frederick Street, 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." COMMITTEE OF THE WHOLE MINUTES FEBRUARY 8, 1993 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) 7. Binqo Applications/New Binqo Halls (Cont'd) b) SAPHRRI Substance Abuse Prevention, Health Recovery and Research Institute (Waterloo Reqion) Inc. This item was dealt with under Delegations. 8. Children's Hospital of Western Ontario - Request to Sell Lottery Tickets The Committee was in receipt of further correspondence dated February 8, 1993 from Mr. B. Antonello advising that St. Mary's General Hospital now agrees to support the application by Children's Hospital of Western Ontario to sell lottery tickets in the Kitchener-Waterloo area. On motion by Alderman C. Zehr- It was resolved: "That the City of Kitchener has no objection to the Children's Hospital of Western Ontario Foundation, being granted permission to sell raffle tickets in the City of Kitchener for their draw to be held at 800 Commissioners Road East, London on June 6, 1993." Applications for Cancellation, Refund, Reduction or Levy of Taxes - February 8, 1993 Hearinq It was resolved: "That the applications attached hereto and forming part of these minutes relative to cancellation, reduction, refund or levy of taxes be disposed of as recommended therein." The following conflicts of interest and abstentions were disclosed: Alderman J. Ziegler with regard to Item 3, Application 293, as the applicant is a client. Alderman M. Yantzi with regard to Item 299, Application 830, as he has an interest in the business. 10. Mortqaqe/Debenture and Lease - 539 Riverbend Drive It was resolved: "That the City consent to a mortgage/debenture from 981495 Ontario Limited and A.C.I. Adjusters Canada Incorporated to North American Trust and a lease from 981495 Ontario Limited to A.C.I. Adjusters Canada Incorporated for the property described as Part 8 on Reference Plan 58R-7231 and municipally known as 539 Riverbend Drive, Kitchener."