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HomeMy WebLinkAboutCouncil Minutes - 1993-10-12COUNCIL\1993-10-12 COUNCIL MINUTES OCTOBER 12, 1993 The Council of the Corporation of the City of Kitchener met this date with all members present except Councillor J. Ziegler. On motion by Councillor G. Leadston, the minutes of the regular meeting held on September 27, 1993, as mailed to the Mayor and Councillors, were accepted. A. Communications - N I L Mr. Randy Howell, Madorin, Snyder, was in attendance in support of the Committee of Adjustment decision relative to Submission No.F 10/93 listed as clause 9 of the Committee of the Whole agenda of this date. Mr. R. Prange was in attendance in support of the Committee of Adjustment decision relative to Submission No.F 12/93 also listed as clause 9 on the Committee of the Whole agenda of this date. Moved by Councillor B. Stortz Seconded by Councillor G. Lorentz That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of September 28, 1993, recommending approval of Submission No.F 10/93 - Susan Davis and F 12/93 - Randy and Anne Prange - be ratified and confirmed. Carried. Councillor G. Lorentz referred to clause 4 of the Finance and Administration Committee report of this date dealing with a proposed increase in the amount of bingo prize boards. He advised that a number of charities had been unaware of the recommendation and asked that it be referred back to the Finance and Administration Committee for further representations. Moved by Councillor G. Lorentz Seconded by Councillor C. Zehr That consideration of clause 4 of the report of the Finance and Administration Committee of this date dealing with an increase in the prize board for bingos, be deferred and referred to the October 18, 1993 meeting of the Finance and Administration Committee. Carried. Councillor G. Lorentz asked that Licensing staff notify all of the affected organizations of the meeting date. Mr. D. Dussault appeared on behalf of Imperial Oil and in opposition to the Committee of Adjustment decision relative to Submission No.S 8/93 listed as clause 8 on the Committee of the Whole report of this date. Mr. Dussault explained that all elements of the submission were approved save and except two small ground signs. He advised that a meeting had subsequently taken place with staff of the Planning and Economic Development Department in order to address their concerns and arrive at a compromise solution. Mr. Dussault indicated his support of the revised decision outlined in the Development Division report PD. 106/93 dated October 6, 1993. Moved by Councillor C. Zehr Seconded by Councillor G. Leadston That the decision of the Committee of Adjustment pertaining to application S 8/93 for 172965 Canada Limited at 1025 Ottawa Street North be ratified save and except the following amendment: "That the application of 172965 Canada Limited requesting permission to erect two pylon signs, each having a height of 7.832 m (25.7 ft.) rather than the permitted 7.5 m (24.61 ft.) with clearance between the bottom of these signs and grade of 2.135 m (7.01 ft.) rather than the required 2.44 m (8 ft.), and permission to erect 3 ground signs having a height of 2.06 m (6.76 ft.) rather than the permitted 1.5 m (4.93 ft.) to be located 0.5 m rather than 3 m (9.85 ft.) to the lot line on River Road and Ottawa Street on Lot 1, Registered Plan 967, and Part Lot 12, Registered Plan 1278, 1025 Ottawa Street North, Kitchener, Ontario BE APPROVED subject to the following condition: COUNCIL M/NUTES - 518 - OCTOBER 12, 1993 (i) That the ground sign as approved in this application shall be moved 1.7 m (5.58 ft.) north of the location shown on the submitted site plan in order to provide additional sight distance for motorists exiting onto River Road." Carried. Mr. L. Matthews appeared on behalf of the Kitchener Public Library Board regarding the proposed expansion of the Main Library at 85 Queen Street N. Mr. Matthews conveyed regrets on behalf of Mr. T. Polzin, Chairman of the Board, who was unable to attend due to a death in the family. Mr. D. Snider, Snider, Reichard, March - Architects, was also in attendance, as was Ms. Margaret Walshe, the new Chief Librarian. Mr. Matthews outlined the history of expansion to the Main Library and advised that the proposed project is valued at approximately $2.2 million. He stated that it is the Board's intent to maintain the architectural harmony of the existing building and to ensure that proposed changes to the floor plans result in a more efficient and effective use of building space. Mr. D. Snider presented site plans and prospective drawings of the proposed addition, showing its relationship to the existing structure. He noted that all but one of the existing parking spaces would be retained. Mr. L. Matthews presented floor plans for all levels illustrating proposed changes in the utilization of floor space. He also advised that the Board is considering the installation of a coffee shop in the Library proper. Council then viewed a video presentation illustrating the site plan and proposed addition. Councillor B. Stortz enquired how the community space referred to by Mr. Matthews would be programmed. Mr. Matthews replied that it was the Board's intent to encourage use by private business and also the Centre In The Square. In response to a question from Councillor C. Zehr, Mr. Matthews advised that the Board hopes to tender in January of 1994 to obtain the best price and provide Winter work before the heavier Spring construction. Councillor Zehr enquired as to the current number of parking spaces and Mr. Matthews replied that subject to reclaiming six additional spaces, the total would be approximately 54. He added that 100 parking spaces for a library of this size would not be inappropriate. Councillor Zehr suggested discussions with the Region as soon as possible concerning shared use of their new parking facility and Mr. Matthews agreed to pursue this initiative. It was noted that this was Mr. L. Matthews last official appearance before Council in his capacity as Chief Librarian prior to his retirement. Councillor G. Leadston extended his personal congratulations and thanked Mr. Matthews for his contribution to the City. Mayor D.V. Cardillo also made reference to an upcoming retirement celebration. Councillor G. Lorentz made reference to his earlier NOTICE OF MOTION relative to the reconsideration of a Council decision of September 27, 1993 recommending that Halloween be observed on Saturday, October 30 rather than on Sunday, October 31. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway That this Council reconsider its decision of September 27, 1993 in which it recommended that Halloween be observed on Saturday, October 30 rather than on Sunday, October 31, 1993 following which, notice to this effect would be placed by the Cities of Kitchener and Waterloo in a joint advertisement in the K-W Record. Carried with the required two-thirds majority. Councillor M. Wagner indicated that he heard Waterloo City Council was considering a motion to observe Halloween on Saturday, October 30, 1993. Councillor C. Zehr advised that he had attempted to contact Mayor Turnbull and had spoken with Councillor Forwell, who indicated that Waterloo City Council would likely maintain the position that Halloween be observed on Sunday, October 31. Councillor G. Lorentz noted that Mayor Turnbull had indicated that he did not intend to reintroduce the subject. COUNCIL M/NIXPES - 519 - OCTOBER 12, 1993 Moved by Councillor G. Lorentz Seconded by Councillor C. Zehr That Council repeal its resolution of September 27, 1993 whereby Halloween would be celebrated on Saturday, October 30, 1993 and recommend that it be observed on Sunday, October 31, 1993 and that notice to this effect be placed by the Cities of Kitchener and Waterloo in a joint advertisement in the K-W Record. Councillor C. Zehr clarified that the motion to reverse Council's previous decision is based in part on concerns expressed by residents, and by organizations which in some cases had already scheduled events and would have incurred monetary loss as a result of the date change. In response to a question from Councillor C. Weylie, Mr. R.W. Pritchard advised that in 1982 both City Councils had agreed to change Halloween celebrations from October 31 to October 30. Ms. Cheryl Seaborn and Ms. Lynda Umbach were in attendance regarding the Halloween date. Ms. Seaborn indicated that she strongly favours a Halloween date of October 30, 1993 and urged Council to stand by its previous decision. The motion by Councillor G. Lorentz, seconded by Councillor C. Zehr, recommending that Halloween be observed on Sunday, October 31 was dealt with and Carried Unanimously. Councillor M. Wagner suggested that in future confusion of this sort may be avoided to more extensive involvement by the Twin Cities Committee. He suggested that they be given wider authority to resolve problems of this sort and meet more often than in the past. Mayor D.V. Cardillo agreed to take the comments of Councillor Wagner under advisement. Councillor Wagner indicated his willingness to put forward a motion regarding the expansion of the Twin Cities Committee mandate. Councillor C. Zehr rose on a point of order and suggested that the present mandate is broad enough and that no further expansion is required. Councillor Wagner accepted the comments of Councillor Zehr and indicated he would raise the issue at the next Twin City Committee meeting. Councillor B. Stortz advised that a safe Halloween celebration is planned for Sunday, October 31, 1993 in the City Hall Rotunda for children under 10 years of age. Mr. Joshua Paterson and Ms. Zahra Nathoo appeared on behalf of the Students Commission to present their 1993 National Report dated October 12, 1993. Mr. Paterson read from a prepared statement concerning the 1993 National Students Commission Conference and advised that twelve consensus recommendations had been brought forward concerning four issues of importance to today's youths. Ms. Nathoo elaborated on the conference experience and opinions expressed by the delegates. Mr. Paterson submitted a copy of the report to the Clerk and Mayor D.V. Cardillo thanked the Student Commission on behalf of Council. Mr. Bud Jackson appeared in support of clause 5 (2) of the Planning and Economic Development Committee report of this date concerning inflatable signs. Mr. Jackson referred to the expected use of a proposed sign for special events only. Moved by Councillor C. Weylie Seconded by Councillor T. Galloway That clause 5(2) of the Planning and Economic Development Committee report of this date be adopted. Carried. Ms. Carolyn Keating appeared on behalf of the residents of Bedford Road between Courtland Avenue and Sydney Street, concerning clause 1 of the Public Works and Transportation Committee report of this date, recommending no action on the resident's request for compensation as a result of construction of the Schneider Trunk Sanitary Sewer. She pointed out that residents had endured more than a moderate degree of hardship as a result of the construction and should be compensated accordingly. She added that the deep trunk sewer lines were the cause of most of the construction delays and related hardship. She referred to a chronology of previous Council decisions in this regard and expressed the opinion that they had shown bad judgment in deciding the proceed with the project in October of 1993 after record rainfalls in July, August and September of that year. Ms. Keating asked that Council consider the issue of compensation which she outlined in her letter to Councillor M. Wagner of COUNCIL M/NIXPES - 520 - OCTOBER 12, 1993 September 21, 1993 as "an amount equalling a total rebate of our property taxes from February 10, 1992 to June 23, 1993". She also advised that all of the affected Bedford Street residents agree with the position put forward this date. Council then viewed a video showing work on the Schneider Trunk Sanitary Sewer. Councillor M. Wagner acknowledged that he had indicated to Ms. Keating that it was unnecessary to bring all fifteen residents to Council this date. He pointed out that the video does not give a full indication of the noise, mud, water and other related problems associated with construction of the sewer. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz That clause 1 of the Public Works and Transportation Committee of this date be adopted. Carried. Ms. C. Keating questioned on what grounds Council was refusing the residents claim, pointing out that residents have consistently used the term "recognition for inconvenience" rather than "compensation". She indicated that Mr. T. McKay had advised at a meeting on September 20, 1993 that there had never been a project of this size in the history of the City and had used the word "unique" to describe it. She expressed disbelief that Council would flatly refuse her request on the grounds of the word "compensation". Councillor M. Wagner acknowledged that the circumstances at issue are abnormal and that staff have advised that there is no precedent for agreeing to the proposal of the Bedford Street residents. He noted that though the request was modest, his over-riding concern is for taxpayers as a whole. Ms. Keating argued that the City chose to advance the start date for the project despite above average rainfall and notwithstanding that water problems were already in evidence before this decision was made. Councillor M. Yantzi suggested that Ms. Keating would have the option of civil action and she responded citing the amount of time spent to date and the cost of litigation. Moved by Councillor C. Weylie Seconded by Councillor T. Galloway That the report of the Planning and Economic Development Committee of this date be adopted. Councillor C. Weylie referred to a letter from Mr. Michael Ginsberg, President, Bayshore Trust, dated October 6, 1993 which was circulated to members of Council this date. The letter outlines the Company's commitment to maintain the site in accordance with the City's Maintenance and Occupancy By-law and was a condition of approval relative to clause 3 of the Planning and Economic Development Committee report of this date. (Demolition Control By-law - 22 Courtland Avenue West). Councillor M. Wagner expressed opposition to the Committee recommendation (clause 3) and offered the opinion that this direction is inconsistent with previous decisions. Councillor C. Zehr suggested that the circumstances in this instance are different. The report was then put to a vote. Voted on clause by clause. Clause 3 - Carried, as amended. Clause 5(2) - Dealt with under Delegations and Carried. Balance of report - Carried. Moved by Councillor C. Zehr Seconded by Councillor G. Lorentz That the report of the City Hall Steering Committee of this date be adopted. Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola COUNCIL M/NUTES - 521 - OCTOBER 12, 1993 That the report of the Community Services Committee of this date be adopted. Councillor C. Weylie expressed her opposition to clause 2 relative to a one year subsidy agreement with the Central Ontario Exhibition, noting that the Exhibition already owes the City approximately $300,000.00 She suggested that such an agreement would also be unfair to small businesses in the community. Councillor M. Yantzi also indicated his opposition noting that the Exhibition is neither a small county fair nor a larger scale attraction and suggested that more grassroots support is required in order to sustain the event. Councillor T. Galloway pointed out that Finance Department staff had indicated the amount owing to the City is secured by CaE property, however, he expressed concern over outstanding debts to local businesses totalling approximately $60,000.00 He indicated support for the recommendation on the basis that the proposed plan would put the City in control and ensure payment to creditors. Councillor C. Zehr reminded Council that the City only provides the CaE with space at the Memorial Auditorium and at a time of year when rentals are traditionally Iow. He suggested that the City should not make any decision as to whether the CaE continues to operate, but expressed his support for the recommendation on the basis of improved cash flow into the City and a guarantee of payment to local creditors. Councillor B. Stortz indicated that he had hoped for a stronger statement of intent from the Community Services Committee and expressed the opinion that the purpose of the agreement is to set goals for the CaE over the next five years, which, if not met will lead the Board of Directors to the conclusion that the Exhibition should be closed. Councillor M. Wagner noted that the two concerns raised by him at the Committee have been resolved and indicated that he wished to be on record as stating that if no significant improvement occurs over the next year, he will not vote for renewal of the agreement. Councillor G. Leadston pointed out that if the CaE were closed, this would result in lost revenue throughout the City, and expressed the opinion that the proposed agreement benefits all parties. Councillor G. Lorentz cautioned Council on any attempt to direct the business operations of the COE. He also noted that 1993 was the CaE's best year to date. Councillor Lorentz, in his capacity as a CaE Board member, acknowledged the Board's efforts and asked that members of Council come forward with any ideas as to how the Exhibition could be improved and made more profitable. In response to a question from Councillor B. Stortz, Councillor G. Lorentz explained that in the past, the City has received payment for all hard costs with the remainder of funds going to the CaE. Under the proposed arrangement, money owing to the City will come out of revenue. Mr. F.S. Graham clarified that this type of event is controlled at the gate and the City would have a first claim on monies owing. Councillor Stortz questioned whether the CaE would be providing audited financial statements and Councillor Lorentz replied in the affirmative. The report of the Community Services Committee was then put to a vote. Voted on clause by clause. Clause 2 - Carried on a recorded vote. In Favour: Mayor D.V. Cardillo, Councillors T. Galloway, G. Leadston, C. Zehr, G. Lorentz, J. Smola, B. Stortz and M. Wagner. Contra: Councillors M. Yantzi and C. Weylie Balance of report - Carried. Councillor G. Lorentz referred to a trophy on display in Council Chambers this date awarding Kitchener first place in the Municipal Float Category of the aktoberfest Parade. He pointed out that this is the second year in a row that the City's float has received this award. He thanked staff and in particular noted the efforts of Ms. G. Holstead. Moved by Councillor C. Zehr Seconded by Councillor B. Stortz That the report of the Finance and Administration Committee of this date be adopted. Councillor C. Zehr asked that clause 1 be amended to change the deferral date for the break open ticket request from October 18, 1993 to November 1, 1993. COUNCIL M/NIYFES - 522 - OCTOBER 12, 1993 The report was then put to a vote. Voted on clause by clause. Clause 1 - Carried, as amended. Clause 4 - Action deferred and referred to the October 18, 1993 Finance and Administration Committee meeting for presentations by the affected organizations. Balance of report - Carried. Moved by Councillor M. Wagner Seconded by Councillor T. Galloway That the report of the Local Architectural Conservation Advisory Committee of this date be adopted. Carried. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz That the report of the Public Works and Transportation Committee of this date be adopted. Voted on clause by clause. Clause 1 - Dealt with under delegations and Carried. Balance of Report - Carried. Mr. T. McKay advised that the Federation of Canadian Municipalities will be hosting a Board meeting in the City of Kitchener in December of 1995. He noted that delegates will occupy approximately 110 rooms for a four-day period and that organization of the event will be co-ordinated with the Visitor & Convention Bureau. Councillor M. Wagner advised that the Tabacco Review Committee of the Region of Waterloo have asked for a regular feedback from the municipality. By general consent, it was agreed to place this item on an upcoming Community Services Committee agenda. Councillor T. Galloway advised that Public Works Canada has submitted an application for site plan review relative to the Women's Federal Correctional Facility. He questioned whether the City should be giving approval while the matter is being dealt with by the Ontario Municipal Board. Councillor Galloway explained that O.M.B. hearings have ended relative to the jurisdictional issue, but a decision is forthcoming and will be subject to appeal. Mr. J. Wallace advised that the site plan matter should be decided by Council and staff given appropriate direction. He noted that the Federal government may take the position that the Ontario Municipal Board has no jurisdiction in this area notwithstanding the Board's ruling. He suggested that Council may wish to postpone any decisions in this regard until such time as the O.M.B. has handed down a decision and the appeal period has lapsed. Councillor T. Galloway, in reference to the jurisdictional issue, indicated that he sensed Council was in agreement that the City should not invoke Federal jurisdiction relative to the site plan approval and building permit. He suggested that this should be the sole responsibility of Public Works Canada, adding that he hoped Council would give this direction. Councillor B. Stortz questioned whether the City could construe the decision by Public Works Canada to proceed as an invoking of their jurisdiction. Mr. J. Wallace replied that the Federal Government has not categorically stated its position and appears to be submitting applications at this time to open general discussion. He suggested that the City not sign any site plan agreements until the O.M.B. has ruled and the appeal period expired. Mr. T. McCabe clarified that staff have asked Public Works Canada to submit site plans in order to open general discussion involving City requirements. He suggested that the matter be referred to a future Planning and Economic Development Committee meeting for presentation and further discussion as to the City requirements prior to any tendering for the project. Mr. McCabe also concurred with the opinion expressed by Mr. Wallace. Councillor M. Yantzi indicated there is a perception that attempts are being made to delay the project and Councillor B. Stortz asked for an estimate of the total length of time remaining in the O.M.B. process. Mr. COUNCIL MINUTES - 523 - OCTOBER 12, 1993 J. Wallace estimated that the decision and appeal process could take as long as two months. By general consent, it was agreed to refer the issue of the site plan and building permit for the Federal Women's Correctional Facility to a future meeting of the Planning and Economic Development Committee for a presentation by staff and further discussion. Moved by Councillor M. Yantzi Seconded Councillor C. Weylie That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to authorize the City Treasurer to execute agreements on behalf of the City with respect to the joint investment of money along with other Ontario municipalities or an agent of the municipalities (b) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (c) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (d) 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 (e) 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 (f) Being a by-law to amend By-law No. 86-99 to extend the time for conveyance of parts of a closed public highway being part of Wilson Avenue and part of Beck Street (g) To confirm all actions and proceedings of the Council and that the same be taken as read a first time and stand referred to the Committee of the Whole. Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor D.V. Cardillo appointed Councillor 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 Councillor G. Leadston Seconded by Councillor J. Smola That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed. Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to authorize the City Treasurer to execute agreements on behalf of the City with respect to the joint investment of money along with other Ontario municipalities or an agent of the municipalities (By-law No. 93-193) COUNCIL ~VHNUTES (b) (c) (d) (e) (f) (g) - 594 - OCTOBER 19, 1993 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. 93-194) 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. 93-195) 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. 93-196) 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. 93-197) Being a by-law to amend By-law No. 86-99 to extend the time for conveyance of parts of a closed public highway being part of Wilson Avenue and part of Beck Street (By-law No. 93-198) To confirm all actions and proceedings of the Council (By-law No. 93-199) be taken as read a third time, be finally passed and numbered serially by the Clerk. Carried. On motion, the meeting adjourned. Mayor Clerk COUNCIL M/NUTES - 525 - OCTOBER 12, 1993 REPORTS ADOPTED BY COUNCIL - OCTOBER 12, 1993 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE That Kitchener's City Council approve the property address change, for property assessment roll number 4-21-040, from 167 Mill Street to 319 Spadina Rd. E., to be effective November 1, 1993, in the form shown in the Proposed By-law attached and dated September 13, 1993. That Kitchener's City Council approve the property address change, for property assessment roll number 6-01-106, from 135A Bloomingdale Road to 133 Bloomingdale Road., to be effective November 1, 1993, in the form shown in the Proposed By-law attached and dated September 13, 1993. That Council grant the request of Bayshore Trust for a two year extension of the penalty provision associated with the Demolition Control By-law for the lands located at 22 Courtland Avenue West. (AS AMENDED) 4. That the City's Enforcement Policy be clarified and expanded as follows: That excluding signs, other than portables, Enforcement Staff may enforce any and all apparent, readily observable violations under their jurisdiction, on any property that is being inspected or investigated in accordance with Enforcement Policy criteria, thereby clarifying that this existing practice is consistent with Council's written policy. That effective April 1, 1994, pro-active enforcement of all apparent sign violations will be considered by City Council. That the City's Sign By-law regulations on portable signs be replaced with the regulations contained in "Appendix A" attached to Staff Report PD 95/93. The proposed changes are intended to increase the potential number of approved portable sign locations, enhance the opportunities for businesses to obtain permits for desired periods of time and ensure that portable signs are not displayed on a year-round basis at the same location. The three major changes proposed include: calculating portable sign display time at eight (8) months per calendar year per approved location rather than four (4) months per calendar year per business or use; reducing the separation factor between portable signs on the same lot from fifty (50) metres to thirty (30) metres; and c. reducing the corner visibility triangle from 15.0 metres to 7.62 metres. Further, that prior to final consideration by Planning and Economic Development Committee and Council, the proposed changes be circulated to the sign industry and business community for comment. That the continued prohibition of inflatable signs together with draft regulations to permit them be considered by the Planning and Economic Development Committee at the time proposed new portable sign regulations are dealt with. (PART 2 DEALT WITH UNDER DELEGATIONS) CITY HALL STEERING COMMITTEE That the 1924 City Hall Memorial Painting proposal from Mr. Robert Wanka, and Mr. Richard Brown be referred to the Arts & Culture Advisory Committee, presently under formation. That the Project Manager be authorized to process Change Order No. 182 in the amount of $21,984. for revisions to the 8th Floor Mechanical system. COMMUNITY SERVICES COMMITTEE OCTOBER 12, 1993 COUNCIL MINUTES - 526 - OCTOBER 12, 1993 That we support a joint bid with Kitchener Tournament Baseball, to Baseball Canada, at its annual meeting in Quebec City on October 23, 1993, to host the National Junior Baseball Championships at Jack Couch Baseball Park from August 23 - 28, 1995; and That Baseball Canada be advised that this partnership is prepared to host the event for a further 4 years, through to 1999; and That we recommend to the future Council, that should the Championship be awarded to the City of Kitchener, that $2,000.00 be allocated in the 1995 budget to assist with hosting a reception for the 6 competing teams, in the City Hall Rotunda; and further, That should Kitchener Tournament Baseball be awarded the 1995 Championship, they be granted a Bingo Licence, subject to satisfying the Bingo Licence requirements, with the revenue so generated being used exclusively to host this event. That we enter into an agreement with the Central Ontario Exhibition for one year, with the option to renew each year for a further 4 years, whereby the City of Kitchener would subsidize the use of premises at the Kitchener Memorial Auditorium, on a decreasing scale over the 5 year period, beginning in 1994, with the Central Ontario Exhibition choosing one of two leasing options, as presented to the Community Services Committee on October 4, 1993. That consideration of the staff report on "Access to Woodland Cemetery" be deferred to the Community Services Committee meeting of October 18, 1993, pending the outcome of the public meeting to be held on October 6, 1993. That Parks & Recreation staff be directed to proceed with the construction of park amenities with any open space located at Eastforest Trail and Victoria Street South in accordance with the proposed site development plans, presented to the Community Services Committee on October 4, 1993; and further, That staff prepare a list of appropriate names for the park, to be considered by the Community Services Committee on October 18, 1993. That Wilson Pool be open in 1994 and that the 1994 operating budget for this facility and Idlewood Pool reflect the program reductions and corresponding net savings of approximately $7,504.00, as presented to the Community Services Committee on October 4, 1993; and further, That the outstanding $25,500.00 required to meet the Social Contract commitment be deferred to the general budget deliberations of the Parks & Recreation Department. FINANCE AND ADMINISTRATION COMMITTEE That consideration of the request of Children's Oncology Care of Ontario Inc. - Ronald McDonald House for permission to be licensed to sell Break-Open Tickets at Third Party Locations be deferred to the November 1, 1993 Finance and Administration Committee meeting to allow the applicant's representative to meet with Licensing staff and re-submit a revised application which is more in keeping with the City's Break-Open Ticket criteria/guidelines. (AS AMENDED) That no action be taken on the request of the Optimist Club of Westvale-Waterloo for permission to be licensed to sell Break-Open Tickets at Third Party Locations in Kitchener, and, That in view of the intention of Waterloo City Council to consider the licensing of Break-Open Tickets, and since the Club is based in Waterloo, they be asked to approach Waterloo Council, and further, That if appropriate, a reciprocal arrangement be considered for Clubs whose membership is split between the two municipalities. That Council grant the request of Kitchener Minor Soccer Inc. for permission to sell Break-Open Tickets from the Soccer Complex at 1111 Homer Watson Blvd. provided the necessary licence is obtained. FINANCE AND ADMINISTRATION COMMITTEE OCTOBER 12, 1993 COUNCIL MINUTES - 527 - OCTOBER 12, 1993 That for a trial period of six months the prize boards for bingos operated in the City of Kitchener be increased to $3,500.00 per event, and further, That following the above trial period the entire issue of prize board maximums be reviewed and a report prepared for consideration by the Finance and Administration Committee. (ACTION DEFERRED AND REFERRED TO THE OCTOBER 18, 1993 FINANCE AND ADMINISTRATION COMMITTEE MEETING FOR PRESENTATION BY THE AFFECTED ORGANIZATIONS). That Council approve the short form wording and the suggested set fines for the offences under Chapters 408, 450, 630, 645, 680 and 687 of the City of Kitchener Municipal Code as set out in the Schedule A dated September 30, 1993 and attached to the report of Ms. D. Arnold and Ms. L. MacDonald dated September 29, 1993, and further, That the City Solicitor be authorized to submit said Schedule to the Regional Senior Judge of the Ontario Court (Provincial Division) for the establishment of set fines. That the vacant position of Assistant City Solicitor be re-established and that without posting and effective October 6, 1993 the position be offered to Ms. D. Arnold, and further, That the existing contract position be eliminated. LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE That the Local Architectural Conservation Advisory Committee undertake to reproduce and reframe the privately owned 1890 Bird's Eye View Map of Berlin at a cost not to exceed $700.00, and that the approved 1993 CounciI-L.A.C.A.C. Operating Budget be debited in this regard, and further, That the feasibility of marketing additional copies of the map on a cost recovery basis be investigated. That pursuant to Section 33 of the Ontario Heritaqe Act, Council grant the owner's request to alter the designated property at 811-831 Bleams Road in order to repair a crack in the wall of the forge/workshop, reconstruct a wooden lintel over the window below the crackline and rebuild the brick chimney, all as outlined in her letter of September 29, 1993 and the report of Andre Scheinman, Heritage Preservation Consultant, dated September 15, 1993. PUBLIC WORKS AND TRANSPORTATION COMMITTEE That no action be taken on the request to compensate the residents of Bedford Road for inconvenience and distress occasioned by the construction of the Schneider Trunk Sanitary Sewer between Courtland Avenue and Sydney Street. (DEALT WITH UNDER DELEGATIONS AND CARRIED) That Council grant permission to a group called Save Clayoquot Sound to paint trees and animals on the sidewalks at various intersections along King Street between the Waterloo boundary and Market Square on the evening of Sunday, October 10, 1993, and further, That the organization use non-toxic, waterbased paint for this activity. COMMITTEE OF THE WHOLE MINUTES OCTOBER 12, 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 cooperation with the Waterloo Regional Fire Fighters' Mutual Aid Association, Doon Heritage Crossroads be granted permission to erect a banner for an annual fund raising event, with all proceeds going to Muscular Dystrophy of Canada, on King Street at Rockway Gardens from Monday, May 9, 1994 to Saturday, May 28, 1994 inclusive. Further, that arrangements be made with the City's Contractor for erection of the banner and the payment of any costs associated therewith." 2. Enqineerinq Aqreement - FOREST WARD 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 Burnaby Heights Subdivision, 30T-88009." 3. Consent Request It was resolved: "That the Mayor and Clerk are hereby authorized on behalf of the City to execute a consent directed to the Ministry of Consumer and Commercial Relations agreeing to the use of the name "Kitchener" in the Company to be incorporated under the name of Kitchener-Waterloo Intercultural Women's Group Incorporated." 4. Quit Claim Deed - BRIDGEPORT NORTH WARD It was resolved: "That the Mayor and Clerk are hereby authorized to execute a Quit Claim Deed in favour of Gerald White, In Trust for Part of Lot 59, German Company Tract, designated as Part 2, Plan 58R-2667." 5. Aqreement - Victoria School Meal Proqram It was resolved: "That the Mayor and Clerk be authorized to execute an agreement between Her Majesty the Queen in right of Ontario, as represented by The Minister of Community and Social Services and The Corporation of the City of Kitchener under the Social Services Employment Program for the period August 30, 1993 to August 30, 1994, in the amount of $12,125., to employ a cook for the Victoria School Meal Program. COMMITTEE OF THE WHOLE MINUTES OCTOBER 12, 1993 REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) Further, that any additional costs be charged to Index 633081 ." 6. Automated Bankinq Facility Contract - Kitchener Memorial Auditorium Councillor C. Zehr inquired whether the cost of the facility would be born entirely by Canada Trust. Mr. T. McKay replied in the affirmative indicating that Canada Trust will evaluate the level of activity after six months and make a further decision at that time. It was resolved: "That the Mayor and City Clerk be authorized to execute a six month trial contract with Canada Trustco Mortgage Company, to provide an Automated Banking Facility at the Kitchener Memorial Auditorium." 7. Resolution - Leqality of Nuclear Weapons The Committee was in receipt of correspondence from the Canadian Physicians for the Prevention of Nuclear War dated September 13, 1993 including the text of a resolution passed by the City of Toronto. It was resolved: "That Kitchener City Council endorse the resolution enacted by the City of Toronto on July 19, 1993 concerning the legality of nuclear weapons as outlined in correspondence from the Canadian Physicians for the Prevention of Nuclear War dated September 13, 1993." 8. Variance to Municipal Code, Chapter 680 (Siqn) - CHICOPEE & CENTRE WARDS It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of September 28, 1993, recommending approval of S 9/93 - Church of St. John The Evangelist - Be Ratified and Confirmed." Submission No. S 8/93 - 172965 Canada Limited was dealt with under delegations. Variances to Municipal Code, Chapter 630 (Fence) - CHICOPEE & STANLEY PARK WARDS It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of September 28, 1993, recommending approval of Submission No. F 11/93 - Karyn & George Hebblethwaite - Be Ratified and Confirmed." Submission Nos. F 10/93 - Susan Davis and F 12/93 - Randy and Anne Prange were dealt with under delegations. 10. 1994 Meetinq Schedule It was resolved: "That the 1994 Meeting Schedule, as attached hereto and forming part of these minutes, be approved."