Loading...
HomeMy WebLinkAboutCouncil Minutes - 1993-03-08COUNCIL\1993-03-08 COUNCIL MINUTES MARCH 8, 1993 The Council of the Corporation of the City of Kitchener met this date with all members present, except Alderman M. Wagner. On motion by Alderman G. Leadston, the minutes of the regular meeting held on February 22, 1993, as mailed to the Mayor and Aldermen, were accepted. Communications - Nil Alderman C. Zehr welcomed the Leaders and Members of the Kitchener Citadel Cub Pack and the Kitchener 28th Scout Group who were attending the Council meeting. Mr. Alex Boki, 200 Indian Road, attended the meeting in regard to the by-law listed on the agenda for third reading that would close part of Heritage Drive for a period of one year. Mr. Boki advised that he objects to the closing and commented that the closure will increase traffic on Indian Road and adjacent streets and that the residents of those streets were no less concerned for safety than residents living on Heritage Drive. He suggested that response to any emergencies in the area would be impaired by the closure of the road, as well as by barriers that he understood the school would be erecting as a result of the road closure. Mr. D. Snow, Director of Traffic and Parking, advised that the intent of the temporary closing was to allow for review of the concerns that have been expressed relative to traffic issues. Further, he noted that introduction of 40k speed limits and additional stop controls on streets in the area would be monitored in conjunction with monitoring of the effect of the closure and that the whole process would provide 12 full months to assess the impact on the community. With respect to concerns expressed by Mr. Boki about emergency access, he indicated that no problems are anticipated and the barriers to be erected could be of the knock down form. He pointed out that staff would be reviewing the closure effects with a small committee of residents and Mr. Boki agreed to accept Mr. Snow's invitation to participate on that committee. Mr. Darwin Witmer, 436 Heritage Drive, advised that he was appearing as a delegation along with other residents to support passing of the by-law to close Heritage Drive. Mr. Witmer indicated that he was willing to participate as a member of the residents committee mentioned by Mr. Snow. Alderman T. Galloway commented that he was concerned that the 2 groups of residents would be divided after the future report is completed given that no evaluation criteria has been established beforehand. Accordingly, he suggested that this criteria should be set out at the beginning of the process to facilitate assessment of collected data. Alderman C. Zehr suggested that it would assist area residents if a directional sign was erected at the intersection of Heritage Drive and Lorraine Avenue directing through traffic to Lackner Boulevard. Mr. D. Snow commented that it was community based traffic utilizing the area roads and that the majority of vehicles were already utilizing Lackner Boulevard. He indicated that the monitoring to be undertaken during the next 12 months would allow staff to compare study data with data that the City now has. Further, he indicated that staff intend to communicate the actual date of closure to the neighbourhood through area schools. Mr. Silvo Murovec, 196 Indian Road, appeared as a delegation in opposition to the closing of Heritage Drive. He advised that he had lived at his property since 1967 and commented that at that time no one could have imagined the current level of traffic that is presently on Indian Road plus the additional traffic that will utilize Indian Road with the closing of Heritage Drive. He also commented on the street parking problems created by the activities at Crestview Public School. The recommendation relative to the temporary closure of Heritage Drive as listed in the Committee of the Whole Agenda of this date was then brought forward for consideration at this time. Moved by Alderman G. Leadston Seconded by Alderman J. Ziegler "That part 2. of the by-law to close part of a public highway known as Heritage Drive for a period of one year be amended to read: 'Such report to be provided to the Council no later than the 1st day of April COUNCIL M/NUTES - 129 - MARCH 8, 1993 1994."' Carried. Mr. Bill Bowman, 469 Krug Street, appeared as a delegation on behalf of the Air Canada Cup Committee and the Kitchener Minor Hockey Association with respect to the National Midget Hockey Championships to be held April 21-25, 1993 in Kitchener. He noted that many Provincial Teams would be competing in the tournament along with a host team from Kitchener and presented complimentary passes to members of Council for each game. Mr. David Harper, 137 Simeon Street, appeared as a delegation representing the Children's Wish Foundation, with regard to their March 3rd correspondence in which it was indicated that they propose to hold a Casino Night at Marshall Hall in Bingeman Park. Council was in receipt of a memorandum dated March 4, 1993 from the Manager of Licensing respecting this matter. Moved by Alderman G. Lorentz Seconded by Alderman B. Stortz "That the City of Kitchener has no objection to a Provincial licence being issued to The Children's Wish Foundation to conduct a Monte Carlo event at Marshall Hall, Bingeman Park on Friday, March 19, 1993." Carried. Mr. Art Morscher, 905-101 Frederick Street, appeared as a delegation on behalf of the Twin City Kiwanis Club with respect to the G.R.C.A.'s proposal to close Kiwanis Park. Mr. Morscher stated that the Kiwanis Club was vitally interested in continuance of Kiwanis Park which he stated was probably the most heavily used of G.R.C.A. properties. He indicated that his purpose was to ask the City to either re-acquire the park or to use its best efforts to have it remain open. Mr. Morscher commented that the G.R.C.A. has tended to operate Kiwanis Park more as a conservation area and not as a City park. He noted that the Club was prepared to support continued operation of the park with investment of volunteer man hours and funding. Mr. T. Clancy commented that when the City operated the park some problems were encountered initially with water quality but were overcome and that, when the park was turned over to the G.R.C.A., equipment was in good condition but the buildings were only of a temporary nature. He suggested that more information needs to be gathered and various options explored relative to continued operation. He indicated that he was not certain what the critical dates were for the G.R.C.A. relative to operation of the park in 1993. Mr. Morscher agreed to act as a liaison with the Kiwanis Club and re- emphasized that the Club was prepared to contribute substantially in terms of both time and financially. Moved by Alderman G. Lorentz Seconded by Alderman B. Stortz "That Clause 1 and 2 of the report of the Community Services Committee of this date be adopted." Carried. Mr. Rick Wakenhut, 587 Pioneer Drive, appeared as a delegation in respect to the Women's Correctional Facility that is planned to be constructed on lands in the area of Homer Watson Boulevard and Manitou Drive. Mr. Wakenhut stated that his purpose was to request assistance of Council that would lead to a reconsideration of the proposed site. He indicated that when the Honourable Doug Lewis was recently in Cambridge he had stated that he would support a change of the location of the prison if Kitchener City Council supported a change in location. He stated that there were precedents for a reconsidera-tion and noted that Mr. Lewis had now placed the onus for relocation on the City of Kitchener. Mr. Wakenhut indicated that, if the prison was located within a business park, area residents could support it and this would allow Corrections Canada to achieve the community support that it desires. Ms. Karen Shatford, 223-B16 Pioneer Drive, appeared as a delegation respecting the Women's Correctional Facility. She commented on the history of the proposal as it relates to joint announcements that have taken place between the City and Federal Government Officials since December 1991. She also referred to Mr. Lewis publicly stating that Kitchener Council has the authority to reconsider the site location and he had indicated that, if such was the case, the facility would remain in Kitchener. Ms. Shatford asked that the prison be put in a location that was suitably buffered from any adjacent residential area. Finally, she asked that the 4,700 signatures that were on a petition opposing the present site not COUNCIL M/NUTES - 130 - MARCH 8, 1993 be ignored. Ms. Sherry Manning, 114 Farrier Drive, appeared as a delegation as a member of the People Protecting Children and Homes Group. She advised Council that the group has researched its topic and condensed its findings and would leave a brochure of this information with all members of Council at this meeting. She summarized the basis of the group's position which is that a prison should not be located in anyone's backyard and that no reasons have ever been given relative to any benefits that would accrue from living adjacent to a prison. Ms. Manning pointed out that representatives of the Federal Government had now acknowledged the level of negative response from within the community and she requested that the prison be relocated to a site that was not adjacent to any residential area. Mr. R. Wakenhut clarified to Council that he was assurred by Doug Lewis that he would put his comments about a change of location in writing. Alderman B. Stortz questioned if a letter had been written to Mr. Lewis respecting his comments that were made to Mr. Wakenhut. Alderman M. Yantzi advised that the City has not received clarification from Mr. Lewis yet. Alderman C. Zehr questioned what distance Mr. Wakenhut would suggest the prison be located from a residential area. Mr. Wakenhut stated that it should be a "comfortable" distance and that residents would have no problem with a location within Huron Business Park. However, he stressed that any site to be considered should have community input before any decision was made. Alderman T. Galloway pointed out that there are possible areas in the Huron Community Plan that currently are being reviewed and that there were other sites that could accommodate the Correctional Facility. He stressed that the vast majority of citizens in Pioneer Park were concerned about the site that has been selected and that the entire process has been a frustrating exercise for all citizens. Alderman Galloway stated that labelling area residents with the "not in my backyard (nimby)" acronym has been most unfair. He indicated that at Council's October 1992 meeting a motion had been made to ask for reconsideration of the site and while that was not forthcoming at that time it now appears that Mr. Lewis has provided an opportunity for Council to reconsider the site. However, he pointed out that Mr. Lewis's comments were not quite fair to the City since Council had never endorsed the site selected at any time. Alderman Galloway noted that after the announcement of the site selection, the Mayor had received a request from the Federal Government to endorse the site but Council never went on record as being in support of the site selected. He then referred to 2 examples out of 4 municipalities where sites for Correctional Facilities have been reconsidered. Alderman Galloway advised that he had already suggested to members of City Council that a meeting be held with the citizens committee to deal with the research material that the committee has put forward. Accordingly, he suggested that such meeting take place on March 29th with 4 or 5 representatives of the citizens committee which would allow sufficient time for Council to review the package received this date and receive a response from the Minister. He stressed that the meeting should be considered an information session only. Several members of Council were of the opinion that clarification should be received from Doug Lewis before the City voluntarily involves itself in the issue and that any meeting was premature until a letter has been received from the Minister. Following further discussion, it was generally agreed that if a letter is received from Doug Lewis confirming what the delegations this evening have stated were his comments, that the Mayor arrange for an informal meeting of Council members with several citizens committee representatives of Pioneer Park on March 29, 1993 prior to the regular Council meeting. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie "That the report of the Planning and Economic Development Committee of Council this date be adopted." In reference to Clause 6 of the report it was indicated that, while the representative of the owner had suggested a name for Street 6 that was circulated to members of Council, after subsequent discussion at a staff level, the representative requested that the name be withdrawn and agreed to submit an alternate name for consideration at a later date. COUNCIL M/NIYFES - 131 - MARCH 8, 1993 Alderman J. Ziegler referred to the direction that was given in Clause #4 and pointed out that members of Council have now received a revised draft from the Region of Waterloo on this matter. However, he referred specifically to Recommendation #55 on Page 29 of the Regional Draft and asked that all members of Council request that it be deleted when the matter is dealt with at the Region. The report was then put to a vote and Carried. Moved by Alderman G. Lorentz Seconded by Alderman B. Stortz "That the report of the Community Services Committee of this date be adopted." On motion by Alderman M. Yantzi, seconded by Alderman B. Stortz it was agreed to amend Clause 7 so as to add Mr. Ron McCarville to the list of appointees being recommended to the Kitchener Farmers' Market Advisory Committee. Alderman C. Zehr spoke in support of Clause 4 concerning the grant request of Mr. J. Goodwin. Members of Council were of the view that the request does not adhere to Council's Grant Policy and that there was no reason to change the policy or to consider the request on an individual basis. The report was then put to a vote. Voted on Clause by Clause. Clause 1 & 2 - Dealt with under delegations and Carried. Clause 4 & 6 - Carried. Clause 7 - Carried, As Amended. 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." In reference to Clause 2 of the report, a motion by Alderman J. Ziegler, seconded by Alderman B. Stortz was carried that directs staff to consider amendments to existing by-laws that would deal with problems and complaints pertaining to the accumulation of animal excrement and report to the Committee. However, this direction was already included within the paragraph dealing with Chapters 530 and 405 of the Municipal Code. The report was then put to a vote and Carried. Moved by Alderman J. Smola Seconded by Alderman G. Lorentz "That the report of the Public Works and Transportation Committee of this date be adopted." Carried. Moved by Alderman C. Weylie Seconded by Alderman B. Stortz "That the report of the City Hall Steering Committee of this date, be adopted." Alderman C. Zehr referred to Clause 2 which recommends that $50,000.00 be taken from the Construction Contingency of the new City Hall and be applied toward the purchase of an ice cleaning machine and a compressor unit. He reviewed the history of the ice rink proposal and noted that in the December 10, 1991 Council minutes it had been agreed to proceed with the ice rink proposal on the basis of the wishes of the Kitchener Downtown Business Association which had provided funding support of $25,000.00 which was deposited to the Public Arts Acquisition Fund. Accordingly, he recommended COUNCIL M/NIYFES - 132 - MARCH 8, 1993 that Clause 2 should be amended to clarify the source of the $50,000.00. A motion by Alderman C. Zehr, seconded by Alderman J. Ziegler to amend Clause 2 was carried and authorizes $25,000.00 be taken from the General Contingency and not the Construction Contingency and $25,000.00 from the Public Arts Acquisition Fund. Alderman B. Stortz stated that he concurs with Alderman Zehr's recollection of the events respecting the ice rink. Alderman T. Galloway suggested that now there would not be enough money to undertake certain things involving funding from the Public Arts Acquisition Fund. Alderman G. Lorentz commented that if the public wants public art they would support it by providing funding. The report was then put to a vote. Voted on Clause by Clause. Clause 2 - Carried, As Amended. Balance of Report - Carried. Mr. T. McKay clarified that in setting up the Public Art Acquisition Fund and Art Committee, Council had given the Committee responsibility to generate donations through group sponsorship of specific elements of the building (i.e. ice rink, weather beacon), however, the funds so raised were to be used exclusively for Public Art acquisition for the building and grounds. Moved by Alderman J. Ziegler Seconded by Alderman T. Galloway "That the report of the Court of Revision of this date be adopted." Carried. Alderman J. Ziegler indicated that a few property owners from West Acres Crescent were present with particular interest in regard to Clause 3 of the report. The report was then put to a vote and Carried. Alderman T. Galloway referred to reference in the minutes of the February 8th Council meeting to 2 different letters that were being sent to members of Council concerning the proposed Women's Correctional Facility. He indicated that at that point in time Mr. J. Wallace had advised that the requests in each letter were irrelevant given that the proposed facility might be the subject of an Ontario Municipal Board Hearing. He noted that since the Ontario Municipal Board has not agreed to hear an appeal with respect to this matter, the City could now respond to the 2 requests and suggested that staff be directed to develop a response that could be considered at the March 22nd Planning and Economic Development Committee meeting. Some discussion took place and Mr. J. Shivas, Director of Legal Services, suggested to Council that the reasoning originally provided by Mr. J. Wallace should stand, especially given that residents have submitted an application for a rezoning of the site. Alderman C. Zehr commented that as a matter of normal procedure, all issues and responses would come forward within the normal planning process for consideration by Committee and Council. Moved by Alderman G. Leadston Seconded by Alderman J. Smola "That this Council express its deep sense of loss over the recent passing of former Fire Chief Edward (Ted) A. Johnston. His many contributions and volunteerism to this community will be long remembered, and further, That our condolences be conveyed to his bereaved wife and family." Carried, Unanimously. The Council and those in the Chamber then stood to observe a one minute period of silence out of COUNCIL M/NUTES - 133 - MARCH 8, 1993 respect for former Fire Chief Johnston. Alderman C. Weylie advised that for the last few years she had received complaints about an individual selling fireworks from the parking lot at Lulu's and suggested that the $350.00 Transient Traders licence fee should be increased. Council directed that this matter be referred to the Community Services Committee for consideration. At the request of Mr. R.W. Pritchard, Council agreed to add an additional by-law to the agenda for three readings this date that would amend Zoning By-law 4830 in respect to a property located on Old Chicopee Drive that has been considered under Application #92124101JG. Moved by Alderman C. Weylie Seconded by Alderman G. Lorentz "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend various Chapters of the City of Kitchener Municipal Code relating to Licensing (b) Being a by-law to 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 (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 confirm all actions and proceedings of the Council (e) Being a by-law to number a certain property and premises on Shirley Avenue in the City of Kitchener (f) Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code regarding Appointments of Staff (g) Being a by-law to amend Chapter 635 of The City of Kitchener Municipal Code regarding Garbage (h) Being a by-law to provide for the registration of group homes (i) Being a by-law to amend By-law 4830 known as the Zoning By-law - Albert and Mary Ellen Arndt - Old Chicopee Drive - #92124101JG 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 G. Leadston as Chairman. On motion, the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the Chair. Moved by Alderman G. Leadston 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. COUNCIL M/NUTES - 134 - MARCH 8, 1993 Moved by Alderman C. Weylie Seconded by Alderman G. Lorentz "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to close part of a public highway known as Heritage Drive for a period of one year (By-law No. 93-50) (b) Being a by-law to amend various Chapters of the City of Kitchener Municipal Code relating to Licensing (By-law No. 93-51) (c) Being a by-law to 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. 93-52) (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 (By-law No. 93-53) (e) To confirm all actions and proceedings of the Council (By-law No. 93-54) (f) Being a by-law to number a certain property and premises on Shirley Avenue in the City of Kitchener (By-law No. 93-55) (g) Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code regarding Appointments of Staff (By-law No. 93-56) (h) Being a by-law to amend Chapter 635 of The City of Kitchener Municipal Code regarding Garbage (By-law No. 93-57) 9. (Cont'd) (i) Being a by-law to provide for the registration of group homes COUNCIL MINUTES - 135 - MARCH 8, 1993 (By-law No. 93-58) (J) Being a by-law to amend By-law 4830 known as the Zoning By-law - Albert and Mary Ellen Arndt - Old Chicopee Drive - #92124101JG (By-law No. 93-59) 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/NUTES MARCH 8, 1993 - 136- REPORTS ADOPTED BY COUNCIL - MARCH 8, 1993 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE 1. That the 1992 Annual Report of the Department of Economic Development be received. 2. That the 1992 Annual Report of the Department of Planning and Development be received. = That the Planning and Economic Development Committee approve the Department of Planning and Development Strategic Plan updated to Year 4, 1993. = That Kitchener Council direct its staff to point out the continued differences between the City and Regional positions respecting the Draft Report of the Commission on Planning and Development Reform in Ontario and to forward this information to Area Municipalities of the Region of Waterloo prior to the next Regional Council Meeting. = That Kitchener Council endorse the Submission on the Draft Report of the Commission on Planning and Development Reform in Ontario attached to staff report PD 18/93 and direct staff to present the Submission to the Commission at their public forum in Guelph on March 10, 1993. = That the following proposed street names be approved for Draft Plan of Subdivision 30T-88033 (Cybau Holdings Inc.): Street One Street Two Street Three Street Four Street Six Westmeadow Drive Dawn Ridge Drive Dawn Ridge Court Bankside Drive (New Name to be submmited by the developer directly to City Council for approval.) COMMUNITY SERVICES COMMITTEE That the City of Kitchener, through the Regional Municipality of Waterloo, ask the Grand River Conservation Authority to reconsider the short term future of Kiwanis Park. (DEALT WITH UNDER DELEGATIONS AND CARRIED.) That the Parks & Recreation Department staff be directed to meet with staff at the City of Waterloo to investigate joint ownership and operation of Kiwanis Park. (DEALT WITH UNDER DELEGATIONS AND CARRIED.) That the Mayor and Clerk be authorized to execute an agreement with Her Majesty the Queen in the Right of Canada represented by the Minister of Employment and Immigration, respecting 55 Plus Personnel Placement, under the Outreach Program, for the period April 1, 1993 to March 31, 1994, in the amount of $30,612.00. That no action be taken on the request of Jim Goodwin for an in-kind facility grant, in the amount of $373.43, for use of the Victoria Park Pavilion on March 13, 1993. That no action be taken on the request of the Twin Cities Track Club for a grant in the amount of $2,000.00. That no action be taken on the request of Hip Hip Hooray (Kitchener) for an in-kind facility grant, in the amount of $414.10, for use of the Breithaupt Centre parking lot on June 13, 1993. That the following people be appointed to the Kitchener Farmers' Market Advisory Committee for a term to expire November 30, 1993: Alderman M. Yantzi, Mr. John Bowman, Mr. Jan Ciuciura, Ms. Joan Doyle, Ms. M. Martha Welsh and Ron McCarville. COUNCIL M/NUTES - 137 - MARCH 8, 1993 (AS AMENDED) COMMUNITY SERVICES COMMITTEE (CONT'D) MARCH 8, 1993 That the Parks & Recreation Department performance objectives, as presented to the Community Services Committee on March 1, 1993, be accepted as the Department's municipal work program initiatives for 1993. FINANCE AND ADMINISTRATION COMMITTEE That further consideration of the recommendations put forward by the Hiring Process Improvement Team (C.I.P.) as contained in the report presented to the Finance and Administration Committee on March 1, 1993 be deferred to the March 22, 1993 meeting pending a re-evaluation of the recommendations by the Team, and in particular Recommendation #4 whereby the City would no longer accept unsolicited job applications for any positions except those involving students. That the Legal Department be instructed to prepare an amendment to Chapter 640 (Heat In Rented Dwellings) of the City of Kitchener Municipal Code so as to place the responsibility for enforcement of this Chapter on the City's Property Standards Officers and that staff acquire the digital thermometers necessary to enforce said Chapter, and, That the Manager of Licensing review the licensing Chapters affected by the Regional Health Units cutbacks with the intention of identifying any City concerns, and submit a report and recommendations for consideration at a future meeting of the Finance and Administration Committee, and, That City staff advise the Regional Medical Officer of Health that whenever a dog or cat in the City of Kitchener is suspected of having rabies and is ordered quarantined in a location other than the owner's residence, that said dog or cat shall be ordered confined at facilities of the K-W Humane Society, and, That the Legal Department be directed to prepare amendments to Chapter 530 (Dogs) and Chapter 405 (Animals At Large) of the Code acknowledging that the owner of the animal or dog is responsible for all costs incurred as a result of the animal or dog being impounded, and that they also review existing by-laws to determine which of these would require amending in order to address problems relating to the accumulation of animal excrement and report back to a future meeting of the Finance and Administration Committee, and further, That the City take no action regarding housing complaints. That the City of Kitchener indicate to the Association of Municipalities of Ontario that while it supports in principle the concept of Disentanglement, it believes that no agreement should be entered into with the Provincial Government unless the concerns outlined in the report of Mr. T. McKay, Chief Administrative Officer, dated February 23, 1993 are addressed in the Agreement, and further, That a copy of said report be forwarded to the Association of Municipalities of Ontario, the Regional Finance Committee and the Premier of Ontario. That the Manager of Licensing be authorized to issue Driving School Instructor and Driving School Operator licences to Ms. Mary Maglicic. PUBLIC WORKS AND TRANSPORTATION COMMITTEE That the plans for the preferred alignment of the Kolb Creek (Drain) Realignment and Improvement Project as presented at an Open House held on November 25, 1992 be approved, and further, That the Class Environmental Assessment Report for this project be filed with the City Clerk for the mandatory period of 30 days for public review. 2. That the core complement of the Utilities Division of the Department of Public Works be increased COUNCIL M/NUTES - 138 - MARCH 8, 1993 by one to allow the existing full time temporary Utilities Clerk position to become a permanent position. 3. That the City of Kitchener not pursue a direct purchase supply of natural gas for City-owned buildings at this time. CITY HALL STEERING COMMITTEE MARCH 8, 1993 That the City of Kitchener accept the generous donation of two bronze plaques depicting Kitchener's previous municipal buildings from the German Canadian Business and Professional Association. That $25,000. be taken from the general contingency and $25,000. from the Public Arts Acquisition Fund to be applied toward the purchase of an ice cleaning machine and a compressor unit for the purpose of fuelling the ice cleaner, and that staff proceed with a tender for the purchase of this equipment. (AS AMENDED) That the Organizing Committee be authorized to acquire a maximum of $20,000 of promotional items for resale to the Public on a cost recovery basis. That Staff be authorized to approach community groups and businesses to seek, and coordinate their involvement and assistance for the implementation of the Ceremonies. That the Council Chamber audio-visual system be upgraded by including additional Computer Equipment, upgraded wiring and interface module, revised Millwork to accommodate an eventual upgrade to 17" monitors, and design fees at a total cost not to exceed $50,000. COURT OF REVISION 1. That Alderman J. Ziegler be appointed Chairman of the Court of Revision for 1993. That City Council direct Public Works Department staff to investigate the street services (pavement, curbing, driveway ramps, sidewalk and boulevard works) installed on the easterly side of part of West Acres Crescent (formerly part of Westheights Drive) to determine if the installed works meet city standards and prepare a report, including what, if any remedial action should be taken. That the Commissioner of Finance be requested to review Finance Department policies that prohibit pay off of local improvement charges where debentures have been issued unless interest for the entire repayment term was also paid and to recommend a procedure that would allow for early pay off without such interest penalty. And further, that property owners currently repaying local improvement works over a 10 year term be advised of any change in the City's repayment policy. That with respect to the assessment of costs assessable to properties on West Acres Crescent for the following local improvement works: - Concrete Sidewalk, Trees & Boulevard - Pavement - Class III We acknowledge and approve of the costs for Trees & Boulevard having been inadvertently included with the Concrete Sidewalk project rather than with the Pavement project, on the understanding that these costs (Trees & Boulevard) result in no net difference to final costs if re- allocated from the Concrete Sidewalk project to the Pavement project and would then be within costs approved by the Ontario Municipal Board. That assessments pertaining to local improvement charges considered by the Court this date be confirmed. COUNCIL M/NUTES - 139 - MARCH 8, 1993 COMMITTEE OF THE WHOLE MINUTES MARCH 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. Banner Request It was resolved: "That in conjunction with 'Partnership Walk 93' to be held in Kitchener on Sunday, May 30, 1993 by the Aga Khan Foundation Canada to demonstrate support for people of the developing world, we grant permission for erection of a banner on King Street at Francis Street from Monday, May 10 to Sunday, May 30, 1993 inclusive. Further, that arrangements be made with the City's Contractor for erection of the banner and the payment of ny costs associated therewith. And further, that the Chief Administrative Officer be authorized to schedule the erection and removal of a banner for this event, on an annual basis, as requested." 2.Licences It was resolved: "That the City of Kitchener has no objection to a Lottery Licence being issued to the Forest Heights Community Recreation Association to conduct a Raffle Lottery at the Victoria Park Pavilion, on Saturday, September 18, 1993." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Kitchener/Waterloo Art Gallery, 101 Queen Street North, Kitchener, to conduct a Raffle Lottery in the City of Kitchener on Saturday, October 23, 1993." 3.Volunteer Week 1993 It was resolved: "That in conjunction with the Proclamation of Volunteer Week from April 18 to April 24, 1993, in Kitchener, that the City Clerk be authorized to direct the imprinting of mail processed through the City's postage meter during the month of April with the message: 'Volunteering - A Great Way to Grow'. It being understood that any costs associated herewith will be charged to the Parks and Recreation Department." 4. Proclamation It was resolved: "WHEREAS the United Nations has declared March 21st to be the International Day for the Elimination of Racial Discrimination; AND WHEREAS the City of Kitchener is committee to the prevention of racial, ethnic, and religious discrimination or harassment; COMMITTEE OF THE WHOLE MINUTES MARCH 8, 1993 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) 4.Proclamation (Cont'd) AND WHEREAS the City of Kitchener seeks to promote understanding, open communications and harmony among the members of its communities; AND WHEREAS the City of Kitchener will reaffirm its commitment to these goals during the week of March 21, 1993 by the publication of this proclamation and the wearing of promotional buttons by municipal Council members and staff; NOW THEREFORE BE IT RESOLVED that the City of Kitchener proclaims March 21, 1993 to March 27, 1993 as 'Racial Harmony Week'." 5.Encroachment Aqreement- BRIDGEPORT NORTH WARD It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor,with the registered owner(s) of Lot 75, Subdivision of Lot 2, German Company Tract, known as 650 King Street West, Kitchener to authorize the encroachment of the existing brick building which extends 0.20 feet, more or less, onto Pandora Avenue; This Agreement shall not be construed as giving the LICENSEE more than permission to maintain the existing encroachment on the said road allowance." 6. Tenders It was resolved: "That tender T93-7, Schneider Trunk Sanitary Sewer - Phase 5, Stage 1, be awarded to Resar Construction, Sarnia, Ontario at their tendered price of $562,544. (plus GST)." - and - "That tender T93-9, Nondestructive Testing of Steel Aerial Ladders - Unit #4, be awarded to Certified Testing Systems Inc., Kitchener, at their tendered price of $39,700. plus G.S.T., and further that the testing of Unit #7 not proceed at this time pending acceptance of quality of work performed on Unit #4." - and - "That tender T93-17, Recycling of Asphalt & Concrete, be awarded to Van Zwol Trucking Ltd., Waterdown, Ontario, at their tendered price of $70,750., plus G.S.T. and P.S.T." 7.Resolution - City of St. Catharines As requested at the February 22nd Council meeting, Planning Staff Report PD 24/93 prepared by Ms. S. Frenette dealing with parking regulations for "Apartments In Houses" was provided for information purposes. The report provides clarification relative to the question of flexibility in regard to parking standards which was referred to in a resolution of the City of St. Catharines contained in a letter dated January 26, 1993. 8.Temporary Closure of Heritage Drive - STANLEY PARK WARD This item was dealt with under delegations. 9.Kitchener Downtown Business Association COMMITTEE OF THE WHOLE MINUTES MARCH 8, 1993 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) It was resolved: "That the 1993 Operating Budget of the Kitchener Downtown Business Association as approved by their Board of Management in 9.Kitchener Downtown Business Association (Cont'd) the amount of $360,000. be ratified and levied pursuant to Chapter 70 (Downtown Improvement Area, Board of Management) of the City's Municipal Code." 10. Joint Emerqenc¥ Preparedness Proqram (JEPP) - Claim for Funds The Committee was in receipt of a memorandum from Mr. N.E. Kuntz dated March 5, 1993 advising that in July 1992 the Ministry of the Solicitor General approved the City's request for funding to assist with costs to review and re-write the City's Emergency Plan. It was resolved: "That the Mayor, Clerk and Treasurer be authorized to execute a claim for funds under the Joint Emergency Preparedness Program (JEPP) from the Ministry of the Solicitor General in the amount of $10,038.93." 11. Offer to Purchase - 169 Kent Avenue - Schneider Trunk Sanitary Sewer The Committee was in receipt of a copy of a memorandum dated March 8, 1993 from Mr. G. Andersen requesting approval to purchase 169 Kent Avenue in connection with the next phase of the Schneider Trunk Sanitary Sewer project. It was resolved: "That the City of Kitchener accepts the offer from Mr. James Dueck to sell to the City his property known as 169 Kent Avenue for the sum of $128,000.00 plus the vendor's reasonable appraisal and legal cost, and further, That the Mayor and Clerk be authorized to execute all documentation required by the City Solicitor to complete this transaction." 12. Sale of Land - 310 Charles Street East - Achievement in Motion: A Ps¥chosocial Rehabilitation Proqram for the Waterloo Reqion The Committee was in receipt of a memorandum dated March 4, 1993 from Mr. G. Andersen advising that, on February 22nd, Council approved the sale of 310 Charles Street East to an organization known as Achievement in Motion. Due to a funding delay involving the Ministry of Health, the original Offer has expired and a new Offer has been received conditional until March 29, 1993. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement of purchase and sale dated March 4, 1993 to sell Part of Lot 64, Plan 303 and Lot 182, Streets and Lanes, known municipally as 310 Charles Street East to Achievement in Motion: A Psychosocial Rehabilitation Program for the Waterloo Region, at the purchase price of $325,000.00, and further, That the Mayor and Clerk be authorized to execute any further documentation as required by the City Solicitor to complete this transaction."