Loading...
HomeMy WebLinkAboutCouncil Minutes - 1993-11-22COUNCIL\1993-11-22 COUNCIL MINUTES NOVEMBER 22, 1993 The Council of the Corporation of the City of Kitchener met this date with all members present. On motion by Councillor G. Lorentz, the minutes of the regular meeting held on November 8, 1993, as mailed to the Mayor and Councillors, were accepted. A. Communications - N I L Councillor T. Galloway welcomed members and four leaders of the 8th Kitchener Scout Group from the Pioneer Park area who operate out of Brigadoon School. Councillor G. Lorentz welcomed members and two leaders of the 38th Kitchener Scout Group who operate from Southridge Public School. Councillor G. Leadston noted that these were the first of such groups to attend a Council meeting in the new Chambers. Mayor D.V. Cardillo also extended a welcome to Mrs. Meyers and Mrs. Costello and thirteen members of the Student Council from Resurrection High School who were also attending the meeting. Moved by Councillor J. Ziegler Seconded by Councillor C. Weylie That the report of the Planning and Economic Development Committee of Council of this date be adopted. Carried. Moved by Councillor G. Lorentz Seconded by Councillor C. Zehr That the report of the Community Services Committee of this date be adopted. Carried. 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 G. Leadston referred to clause 6 of the report and requested that it be amended so as to express the City's thanks to the Kitchener Downtown Business Association for its contribution and on motion by Councillor G. Leadston seconded by Councillor M. Yantzi, it was agreed to amend clause 6 in this regard. Also in reference to the ice rink within the Civic Square, Councillor Leadston requested that rubber matting presently located on only one side of the seating area adjacent to the ice rink be extended entirely around the seating area as a protective measure. He also suggested that staff utilize the expertise of auditorium rink maintenance staff to incorporate messages on the ice rink surface. Councillor G. Lorentz responded that such messages were dependent on weather conditions and that this would be done weather permitting and after start-up problems have been completely resolved. Councillor J. Smola introduced City documentation respecting clause 1 wherein it was indicated that information arising from a courtesy call indicates that the tree at 247 Tagge Crescent was already dead at the time of the call. Accordingly, Councillor Smola suggested that the City should assume the entire cost. On motion by Councillor J. Smola seconded by Councillor J. Ziegler it was agreed to amend clause 1 to provide that the City make a grant in the amount of $350 being 100% of the cost to remove the tree. Councillor B. Stortz referred to clause 2 of the report dealing with amendments to Chapter 530 (Dogs) of the Municipal Code and noted that a meeting would be held at 7 p.m. on December 14 and requested that Ms. D. Arnold, Assistant City Solicitor, research the by-laws of other municipalities in this regard. Councillor J. Ziegler stated that he did not have any recollection of agreeing to the second paragraph of clause 8 of the Committee report and questioned why an Interview Committee was needed. Councillor C. Zehr advised that the Committee has already met once to consider some of the issues and Mr. T. McKay advised that such procedure respecting the early retirement and restructuring was only effective under COUNCIL MINUTES - 637 - NOVEMBER 22, 1993 the Social Contract provisions if the two new positions were filled by the two remaining senior management staff. He pointed out that it was the intention that the Interview Committee would make a recommendation to City Council on the filling of these positions. The report was then put to a vote. Voted on clause by clause. Clauses 1 & 6 - Carried as amended. Balance of report - Carried. Moved by Councillor J. Smola Seconded by Councillor G. Leadston That the report of the Public Works and Transportation Committee of this date be adopted. Councillor C. Weylie referred to clause 5 of the report and pointed out that the Environmental Committee would be meeting on November 30 and questioned if its comments could be forwarded directly to the Region. Mr. T. McKay concurred provided the Committee did not take a contrary position to City Council on any issue and in particular pointed out that City Council was going on record as not being in favour of adopting a User Pay System. A brief discussion took place in which it was noted that the issue was premature and that all options need to be investigated after which the Region could be advised. On motion by Councillor J. Ziegler, seconded by Councillor C. Weylie, it was agreed to amend clause 5 so as to refer to our concerns over Recommendations 13 and 14 which will be forwarded shortly to the Region. Councillor J. Ziegler raised the issue of the location of Standing Committee meetings which was discussed by the Committee but no recommendation had been forthcoming to City Council, as the issue was lost on a tie vote at the Committee meeting. Moved by Councillor J. Ziegler Seconded by Councillor G. Leadston That the following motion be added as clause 6 of the Committee report: "That Standing Committee meetings be relocated to the Council Chambers pending the completion of unfinished work to the Conestoga Room following which the location of Standing Committee meetings be re-evaluated." Several members of Council spoke in favour of utilizing the Council Chambers for Committee meetings while other members felt it was premature to make a change in this regard. It was suggested that the Conestoga Committee Room provided the public with a more informal atmosphere in which to make presentations and that the problems with respect to the unfinished state of the Conestoga Room were not that severe that the relocation issue could not wait until the room was fully finished at which time the relocation issue could be further discussed. Councillor Ziegler's motion recommending relocation was then put to a recorded vote. In Favour: Councillors J. Ziegler, C. Weylie, G. Leadston, J. Smola, G. Lorentz and B. Stortz. Contra: Mayor D.V. Cardillo and Councillors T. Galloway, M. Yantzi, C. Zehr and M. Wagner. Motion Carried. The report was then put to a vote. Voted on clause by clause. Clause 5 - Carried, as amended. Clause 6 - Carried under separate vote. COUNCIL MINUTES - 638 - NOVEMBER 22, 1993 Balance of report - Carried. Councillor M. Yantzi advised that he had a concern with the administrative requirements under the Hawkers and Pedlars By-law as they relate to applicants connected with non-profit groups and civic celebration events. He requested that the matter be reviewed at a future Finance and Administration Committee meeting with input from appropriate City departments including Parks & Recreation, City Clerk and City Solicitor. Councillor B. Stortz referred to comments attributed to Mr. B.M. Hiscott as contained in the minutes of a meeting held by Planning staff with Pioneer Tower Property owners. He stated that he found the comments which suggest new residents in the developing portions of the area should have the same religion, social status and race as current residents, to be personally disturbing to him. Councillor Stortz stated that there was a neighbourhood meeting scheduled for next Wednesday and asked that at the next meeting Mr. Hiscott be invited to clarify his remarks or withdraw his comments and that if he did not, then Council should deal with the issue promptly and decisively. Councillor T. Galloway advised Members of Council that he had attended the meeting to which Councillor Stortz referred and stated that the minutes as recorded, were completely in error. Councillor G. Leadston commented that Councillor Stortz's accusation was unfortunate and that it would have been more appropriate to investigate the issue further before making any comments. Councillor Galloway stated that the comments of Mr. Hiscott according to Councillor Stortz were not made and he has verified this with other persons who were in attendance at the meeting. Further, he advised that Mr. Hiscott has written a letter protesting the minutes of the meeting. Councillor C. Zehr suggested that if the comments were not made at all, it brings into question all of the other facts recorded within the minutes of that meeting. Councillor J. Ziegler commented that this entire issue being raised in this matter should serve as a warning of how easily anyone's reputation can be destroyed and expressed concern that the matter was brought up publicly, especially when Mr. Hiscott was not present to defend himself. Mayor D.V. Cardillo requested Councillor Galloway to send a copy of Mr. Hiscott's letter to Members of Council marked "Personal & Confidential". Councillor M. Wagner referred to a newspaper article of this date which discusses the matter of the Mayor's attendance at Committee meetings in a negative manner. Councillor Wagner commented that the Mayor's attendance at certain Committee meetings is not necessary and his attendance should not be required or taken at Committee meetings given the full-time nature of his mayoralty duties. Mayor D.V. Cardillo advised that his comments to the reporter were misrepresented. Councillor G. Lorentz agreed that the newspaper article was misleading as it was written in such a way as to appear that he was responding to Mayor Cardillo's attendance record at Committee meetings when in fact, this was not the case. Councillor J. Ziegler commented that notwithstanding that Council may disagree with actions or activities of the Mayor, he fully supported the Mayor as it relates to the full-time duties of his office. Councillor G. Lorentz requested that Council deal with the issue of registration fees for the Learn to Swim Program at this time. Mr. R. Arnot submitted correspondence dated November 19 discussing alternatives that staff have addressed in order to meet 1994 budget constraints. He pointed out that it was necessary to deal with the matter at this time in order to accommodate the registration process. Moved by Councillor G. Lorentz Seconded by Alderman G. Leadston That the fees and charges for the Aquatics Learn-To-Swim lessons and the Pay-as-you-go activities for 1994 remain at the 1993 level; and further, That the number of classes per session in the Aquatics Learn-to-Swim Program be reduced from 10 to 9 lessons effective January 1, 1994. Carried. Mayor D.V. Cardillo advised that he was in receipt of a cheque in the amount of $10,000 from the Kiwanis Club provided by Mr. G. Olinski as a contribution towards the Club's $50,000 commitment to the Twin Pad Ice Rinks. Moved by Councillor G. Leadston Seconded by Councillor J. Smola That leave be given the Mover and Seconder to introduce the following by-laws, namely: COUNCIL MINUTES - 639 - NOVEMBER 22, 1993 (a) Being a by-law to exempt certain lots from Part Lot Control - Lots 1 and 2, Registered Plan 1776 - Biehn Drive (b) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement (c) To further amend By-law 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property (d) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (e) Being a by-law to amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof (f) Being a by-law to amend By-law 4830 known as the Zoning By-law - Polocorp Inc. - Bloomingdale Road - No.93/13/B/JG (g) Being a by-law to amend By-law 85-1 - Hong Bai, Myung Hee Kim Yonghwan and Hye Ja Ji Ji- Huron Road - No. 93/16/H/JG (h) Being a by-law to amend By-law 4830 known as the Zoning By-law - Bernhard Matis - Mill Street - No.93/12/M/CL (i) 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. Lorentz 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. Lorentz Seconded by Councillor B. Stortz 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 G. Leadston Seconded by Councillor J. Smola That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to exempt certain lots from Part Lot Control - Lots 1 and 2, Registered Plan 1776 - Biehn Drive (By-law No. 93-209) (b) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement (By-law No. 93-210) (c) To further amend By-law 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property (By-law No. 93-211 ) COUNCIL MINUTES - 640 - NOVEMBER 22, 1993 (d) (e) (f) (g) (h) (i) 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. 93-212) 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. 93-213) Being a by-law to amend By-law 4830 known as the Zoning By-law - Polocorp Inc. - Bloomingdale Road - No.93/13/B/JG (By-law No. 93-214) Being a by-law to amend By-law 85-1 - Hong Bai, Myung Hee Kim Yonghwan and Hye Ja Ji Ji- Huron Road - No. 93/16/H/JG (By-law No. 93-215) Being a by-law to amend By-law 4830 known as the Zoning By-law - Bernhard Matis - Mill Street - No.93/12/M/CL (By-law No. 93-216) To confirm all actions and proceedings of the Council (By-law No. 93-217) 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 MINUTES - 641 - NOVEMBER 22, 1993 REPORTS ADOPTED BY COUNCIL - NOVEMBER 22, 1993 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE That Zone Change Application 93/16/H/JG (Kim/Ji) requesting a change in zoning from Agricultural (A-l) to Agricultural (A-l) with a special regulation on Part Lot 153, German Company Tract, be approved in the form shown in the proposed By-law attached, dated October 6,1993, 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 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 93/16/H/JG 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 this application is proper planning for the City and is in conformity with the City's Approved Official Plan. That Zone Change Application 93/12/M/CL (B. Matis) requesting a change in zoning from Semi- Restricted Residential (R2B) to Semi-Restricted Residential (R2B) with an extension of use and special regulations on Part of Lot 3, Registered Plan 25, be approved in the form shown in the proposed By-law attached, dated October 25, 1993, with no conditions. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with the City's Approved Official Plan. That the Bridgeport East Secondary Plan be revised so as to add the following sentence to the end of Policy 5.2.1: "That a semi-detached dwelling or duplex dwelling be permitted to locate on a portion of the property municipally addressed as 138 Bloomingdale Road." It is the opinion of this Committee that the approval of this revision to the Secondary Plan is proper planning for the City. That Zone Change Application 93/13/B/JG (Polocorp Inc.) requesting a change in zoning from Restricted Residential (R2A) to Semi-Restricted Residential (R2B) with a restriction of use on part of Lot 40, Small Lots north of Peter Horning's Tract, be approved in the form shown in the proposed By-law attached, dated October 7, 1993, 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 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 93/13/B/JG 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 this application is proper planning for the City and is in conformity with the City's Approved Official Plan. COMMUNITY SERVICES COMMITTEE NOVEMBER 22, 1993 COUNCIL MINUTES - 642 - NOVEMBER 22, 1993 That the Waterloo Green Home Project be charged $771.20; which is equal to the cost of City services used by the Project, over and above the amount of their 1993 approved grant. That we acknowledge and accept the partnership arrangement with the Waterloo County Board of Education for the establishment of the Huron Environmental Park; and further That we agree with the proposed property exchanges utilizing 35 acres of City-owned land on Westmount Road, subject to confirmation of appraised value, and the recently purchased High Street lands, for acquisition of the Waterloo County Board of Education surplus secondary school site at Rittenhouse Drive and Blockline Road; and further That we appoint 2 staff members, 2 members of Council and a representative of the University of Waterloo Faculty of Environmental Studies to a steering committee for the purpose of administering the park; and further That the Ward Councillor and the Chairman of the Community Services Committee be appointed as Council's representatives on the steering committee; and further That the Department of Parks & Recreation initiate plans for the future development of the surplus secondary school site, at Rittenhouse Drive and Blockline Road, for the consideration of the Community Services Committee. FINANCE AND ADMINISTRATION COMMITTEE That a grant without prejudice or precedent in the amount of $350.00 be awarded to Ms. Lori McLellan, being 100% of the cost to remove a tree at the property known municipally as 247 Tagge Cres. (AS AMENDED) That a second ad hoc committee be struck to consider amendments to Chapter 530 (Dogs) of the City of Kitchener Municipal Code as it relates to the number of dogs permitted per dwelling unit and the property standards relative to the keeping of dogs, with said Committee to report to the Finance and Administration Committee, and further, That the ad hoc committee be composed of Councillors J. Ziegler, J. Smola, B. Stortz, Ms. Laurie Soutar, Ms. Mary Linington, Mr. Arthur Kaufman, Mr. James Prudom and one representative each from the Humane Society, K-W Kennel Club and a commercial licensed kennel with Ms. D. Arnold serving as the staff resource person. That no action be taken on the request of the Canadian Brotherhood of Railway and Transportation Local #304 to extend the City's Job Evaluation System to CBRT classifications. That the City of Kitchener lease office space within any of its facilities to local, non-profit community groups provided that: a) Space is available within the public areas of the new City Hall or any other City facility, and, b) Space is leased on the basis of fair market value rent. That with regard to previous direction that consideration of the artist's proposal relative to a memorial painting of the 1924 City Hall be referred to the Arts and Culture Advisory Committee presently under formation, Council further direct that any arrangement involving the painting and the sale of prints be at no cost to the City either in terms of capital outlay or staff time. That the Kitchener Downtown Business Association (KDBA) contribution of $10,000.00 per year in each of the next four years be designated for maintenance of the ice rink within the Civic Square as agreed upon with the KDBA and the City's appreciation be conveyed to the Kitchener Downtown Business Association. (AS AMENDED) COUNCIL MINUTES - 643 - NOVEMBER 22, 1993 FINANCE AND ADMINISTRATION COMMITTEE NOVEMBER 22, 1993 That revenues from the sale of advertising on the ice re-surfacer machine, estimated at $1,000.00- $2,000.00 per year, be directed to Civic Square Programming. That effective upon the early retirement of Mr. F.S. Graham and Mr. B. Stanley, the present positions of Commissioner of Parks and Recreation, Director of Parks, Director of Recreation and Director of Business Facilities be eliminated, and that the positions of General Manager of Parks and Recreation and Assistant General Manager of Parks and Recreation be created, and further, That the two new positions be filled by the two remaining senior management staff in the Parks and Recreation Department and that a committee consisting of the Chief Administrator, Mayor D.V. Cardillo and Councillors C. Zehr, G. Lorentz and J. Smola conduct the interviews and make recommendations concerning filling of the two positions. PUBLIC WORKS AND TRANSPORTATION COMMITTEE That effective immediately a courtesy card program to provide an additional 15 minutes of free parking to people parking at expired meters be approved for a trial period of 2½ months, and further, That the Downtown Business Association and the Traffic and Parking Section of the Department of Public Works work together to arrange for the staffing and operational requirements for this program, and further, That a report regarding this program be prepared and considered by the Public Works and Transportation Committee early in 1994. That City staff be instructed to carry out a complete review of the benefits and ramifications of installing additional parking meters on King Street, and further, That a report in this regard be considered by the Public Works and Transportation Committee at the meeting to be held on April 18, 1994. That Council enter into a lease with Public Works Canada for the use of a portion of land to the rear of 44 Gaukel Street for the purposes of providing both metered and monthly parking, and further, That the Mayor and Clerk be authorized to execute a lease satisfactory to the City Solicitor with Public Works Canada. That the following list of projects, arranged in order of priority, be submitted to the Regional Municipality of Waterloo for inclusion in the Region's 'G.R.C.A. Special Benefit Projects' list for the 1994 budget and following years: 2. 3. 4. 5. Laurel Creek Channelization (Shirk Place to Grand River); Schneider Creek (below Manitou Drive to above Balzer Road); Schneider Creek Erosion (Doon Properties); Grand River Boulevard (Chicopee) Erosion Control; and, Homer Watson Park Erosion Control. That the City of Kitchener endorse the recommendations contained in the Regional Municipality of Waterloo's Waste Reduction Master Plan to the year 2000, save and except for our concerns over recommendations 13 and 14, which will be forwarded shortly, and further, That City staff be instructed to prepare their concerns in writing so that same can be forwarded to the Region for consideration. (AS AMENDED) That Standing Committee meetings be relocated to the Council Chambers pending the completion of unfinished work to the Conestoga Room following which the location of Standing Committee meetings be re-evaluated. COMMITTEE OF THE WHOLE MINUTES NOVEMBER 22, 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 Requests It was resolved: "That in conjunction with the 10th Anniversary of The Kitchener and Waterloo Community Foundation we grant permission for the erection of a banner on King Street at Rockway Gardens from Monday, May 30, 1994 to Sunday, June 12, 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." - and - "That in conjunction with Social Work Week, the Mid-Western Branch of the Ontario Association of Professional Social Workers be granted permission to erect a banner on King Street at Francis Street from Monday, February 21, 1994 to Sunday, March 13, 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.Licence It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Juvenile Diabetes Foundation Canada, Region of Waterloo Chapter, to conduct a Monte Carlo event at Marshall Hall, Bingeman Park Farms on April 30, 1994." 3. Downtown Christmas Liqhtinq It was resolved: "That illumination of special Christmas decorations and lighting in the downtown commence on Monday, November 22, 1993 and continue through Monday, January 3, 1994, with illumination from 4:00 p.m. to 12 Midnight daily." 4. Licence - Monte Carlo Event It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Central Ontario Developmental Riding Program, 584 Pioneer Tower Road, Kitchener, to conduct a Monte Carlo event at the Victoria Park Pavilion, 80 Schneider Street, Kitchener, on February 5, 1994." 5. Licence - Raffle Lottery It was resolved: COMMITTEE OF THE WHOLE MINUTES NOVEMBER 22, 1993 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) "That the City of Kitchener has no objection to a Lottery Licence being issued to the Stanley Park Rosemount Pre-School, 171 5. Licence - Raffle Lottery (Cont'd) Sherwood Avenue, Kitchener, to conduct a Raffle Lottery in the basement of St. James Rosemount Church, 171 Sherwood Avenue, Kitchener, on February 7, 1994." 6. Encroachment Aqreement It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owners of Frederick's Restaurant, 58-60 Frederick Street, to legalize three existing canopies with signage as they encroach onto the Frederick Street and Duke Street road allowances, subject to the Regional Municipality of Waterloo's approval." 7.Consent to Mortqaqe It was resolved: "That the City of Kitchener consent to a mortgage from MGR Properties Ltd. to Royal Bank of Canada for the property described as Parts 1, 14, 15, 16, 28, 29 and 30 on Reference Plan 58R- 7231 and municipally known as 675 Riverbend Drive, Kitchener."