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HomeMy WebLinkAboutCouncil Minutes - 1994-08-22COUNCIL\1994-08-22 COUNCIL MINUTES AUGUST 22, 1994 CITY OF KITCHENER The Council of the Corporation of the City of Kitchener met this date with all members present. On motion by Councillor J. Ziegler, the minutes of the regular meeting held on July 11, 1994, and the special meeting held August 15, 1994, as mailed to the Mayor and Councillors, were accepted. A. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (1) Letter from the Kitchener-Waterloo Real Estate Board thanking Council for its support in making the Board's 1st Annual Charity Golf Tournament a resounding success. (2) Letters from the Prime Minister of Canada, the Federal Chief Electoral Officer, Premier Bob Rae and W.L. Ferguson, M.P.P. and Elizabeth Witmer, M.P.P., responding to Kitchener City Council's resolution dated June 27th relative to its support for the resolution from the City of Vaughn calling for the immediate creation of a permanent voters list for federal, provincial and municipal purposes. (3) Letters from W.L. Ferguson, M.P.P. and Elizabeth Witmer, M.P.P., responding to Council's resolution dated June 27, 1994 regarding the concerns about the Provincial Government's decision to impose a charge on municipalities for supplementary assessments beginning July 1, 1994. B. COMMUNICATION REFERRED TO COMMITTEE OF THE WHOLE - (1) Letter dated August 17, 1994 from R.W. Pritchard, Commissioner of General Services & City Clerk, to members of Council relative to applications for cancellation, refund, reduction or levy of taxes. Councillor J. Ziegler advised that he had previously disclosed a conflict of interest at the In Camera meeting held this date and left the room during discussion of the removal of topsoil from Site No.84, Huron Business Park, as he is purchasing topsoil from one of the haulage firms involved. Moved by Councillor B. Stortz Seconded by Councillor T. Galloway That tender T94-59, Borden Greenway Culvert Replacement (at Westmount Road), be awarded to Steed and Evans Limited, Kitchener at their tendered price of $240,443.31., including provisional items for pedestrian & vehicular access and G.S.T. - and - That tender T94-57, 140 hp Rubber Tired Articulated Loader, be awarded to Southwest Tractor (Waterloo) Limited, Waterloo at their tendered price of $161,060, plus G.S.T., P.S.T. and optional front axle disconnect and less the $15,000. trade-in allowance. - and - That tender T94-8, Dumfries Avenue Reconstruction (Krug Street to Chapel Street), be awarded to Steed and Evans Limited, Kitchener, Ontario at their tendered price of $197,534.01 (including GST and PST). - and - That tender T94-48, Roof Replacement - Grand River Arena, be awarded to Bev Shearer & Sons Roofing Limited, Kitchener at their tendered price of $98,397., plus G.S.T. - and - That tender T94-55, Seat Replacement - Kitchener Memorial Auditorium Complex, be awarded to Hussey Seating Company Canada, Mississauga, Ontario at their tendered price of $453,978., plus G.S.T. Carried. AUGUST 22, 1994 COUNCIL MINUTES - 357- CITY OF KITCHENER Mr. R.W. Pritchard asked that the recommendation relative to Tender T94-61 (Topsoil Pile Removal) listed as Item No.7 (f) on the Committee of the Whole agenda of this date be amended relative to an extension of the tender unit prices and the provision of fill placement and compaction. Councillor J. Ziegler disclosed a conflict of interest and abstained from all voting and discussion concerning Tender T94-61 (Topsoil Pile Removal - Site 84 - Huron Business Park) as he is purchasing topsoil from one of the haulage firms involved. Moved by Councillor B. Stortz Seconded by Councillor T. Galloway That tender T94-61, Topsoil Pile Removal - Site 84 - Huron Business Park, Phase II, be awarded to B&B Kieswetter Excavating Inc., Kitchener at their tendered price of $269,105., which includes G.S.T., and further, That the tender unit prices be extended to provide for removal of an additional 10,000 cubic metres of topsoil and to provide for necessary fill placement and compaction to meet City standards relative to the sale of this property. Carried. Councillor J. Ziegler previously disclosed a conflict of interest and abstained from all voting and discussion concerning Tender T94-61 (Topsoil Pile Removal - Site 84 - Huron Business Park) as he is purchasing topsoil from one of the haulage firms involved. Mr. John English, M.P., was in attendance to present cheques to two community groups participating in the New Horizons Program administered by the Ministry of Community and Social Services. Mr. English advised that the Widow to Widow Program would receive an $84,000 grant over a 36-month period and presented the first instalment cheque totalling $25,000 to Ms. Monica Fischer, who accepted it on behalf of the S.H.A.R.E. Board of Directors who are also in attendance this date. Mr. English also announced a $216,000 grant over a 36 month period for the Bridging the Gap Program and presented a first instalment cheque in the amount of $24,000 to Ms. Bev Aikenhead, Manager of Seniors and Special Needs, and Mr. Russell Rivers, Past Chairman of the Mayor's Advisory Council for Kitchener Seniors. Mayor D.V. Cardillo introduced Ms. Merilyn Kaufman of the Golden Triangle Dystonia Support Group and proclaimed September 18-25, 1994 as Dystonia Awareness Week. Mr. Boris Sniatenchuk appeared and requested that Council investigate the feasibility of implementing a model of government called Citizen Based Government or Direct Democracy. Mr. Sniatenchuk explained that the model incorporates principles of direct participation by citizens in the governance of the City, and provides an opportunity for citizens to vote on by-laws initiated by City Council. He pointed out that the model would also allow citizens to initiate their own legislation by collecting a petition with a predetermined percentage of the City's registered voters which would in turn require a city-wide vote on the issue. Referendum votes would be binding on City Council as would the necessity to hold such referendums when successfully petitioned by citizens. Mr. Sniatenchuk argued that taxpayer empowerment would increase citizen participation and interest in the local government process. He explained that the City of Rossland, British Columbia, adopted this model of government in December of 1990 and the City of Lindsay, Ontario, is presently investigating feasibility. Mr. Sniatenchuk provided a copy of his presentation to the Clerk along with background information on Direct Democracy/Citizen Based Government. Moved by Councillor J. Ziegler Seconded by Councillor T. Galloway That the request of Mr. Boris Sniatenchuk that the City investigate the feasibility of implementing a model of government called Citizen Based Government/Direct Democracy be referred to the October 3, 1994 meeting of the Finance and Administration Committee, with Mr. Sniatenchuk being invited to attend. Councillor M. Wagner asked Mr. Sniatenchuk to comment on what he perceives to be the deficiencies in the present form of local government which would necessitate a change. He replied that the only time AUGUST 99, 1994 COUNCIL MINUTES -358- CITY OF KITCHENER citizens have a direct voice in local government is when they elect Council, after which they have no direct involvement in how legislation or specific issues are dealt with. Councillor G. Leadston asked for clarification as to what type of issue might be dealt with by referendum and under what circumstances. Mr. Sniatenchuk replied that referendums would only pertain to legislation and issues of overall civic importance. He noted that in British Columbia only six issues have been dealt with by referendum since 1990, three of these initiated by Council and the remainder by citizens. Councillor J. Ziegler suggested that the City of Rossland be contacted and asked to send samples of the issues which have been successfully petitioned and Councillor Leadston suggested contacting other municipalities and soliciting comments from the Federation of Canadian Municipalities. In response to a further question from Councillor G. Lorentz as to the specific issues which may be involved, Mr Sniatenchuk suggested that the construction of the new City Hall and the selection of a site for the Federal Correctional facility could have been potential referendum topics. Councillor Lorentz clarified that City Council was not involved in the selection of the Federal Prison site. The previous motion by Councillor J. Ziegler, seconded by Councillor T. Galloway, that consideration of Mr. Sniatenchuk's request be referred to the Finance and Administration Committee was voted on and Carried. Councillor B. Stortz suggested that Mr. Sniatenchuk attend a full day of Committee meetings in order to better judge the type and amount of current citizen participation. Mr. Brent Clarkson, MacNaughton Hermsen Britton Clarkson, appeared in support of clause 2 of the Planning and Economic Development Committee report of this date dealing with a Demolition Control Application by Old Chicopee Estates Limited relative to properties at 314 and 344 Old Chicopee Drive. Ms. Lynn Hohner appeared concerning the farm house known municipally as 314 Old Chicopee Drive and indicated that it was formerly owned by her grandparents. She asked for permission to photograph the building and retrieve artifacts before the property is demolished. Councillor M. Wagner advised that the Local Architectural Conservation Advisory Committee has already been granted a similar request, and suggested that the Committee and Ms. Hohner combine their efforts. Councillor J. Ziegler indicated that he had suggested that Ms. Hohner appear this date and asked that the owner's representative grant the request, provide Ms. Hohner with the name of a contact person and indicate when it would be appropriate for her to visit the site. Mr. Brent Clarkson advised that the request would not pose a problem, and Councillor M. Wagner indicated that L.A.C.A.C. would co-ordinate the visit. Ms. Hohner extended her thanks to Council and the property owner. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler That clause 2 of the Planning and Economic Development Committee report of this date be adopted. Councillor T. Galloway reminded Council that he had previously voted against the Plan of Subdivision encompassing these two properties on the basis that development would result in the loss of the scenic road and two heritage homes. He indicated that it was his hope such a circumstance would not occur again and that something be done to avoid similar occurrences in future. Councillor M. Wagner replied that a plan is presently being drawn up by the Planning and Economic Development Department to guard against a similar situation and that this would be presented in the fall of this year. The previous motion by Councillor C. Weylie, seconded by Councillor J. Ziegler, to adopt clause 2 of the Planning and Economic Development Committee report was voted on and Carried. Councillor C. Zehr read the recommendation comprising clause 9 of the Committee of the Whole agenda of this date as it relates to the issue of VIA rail service in the Toronto to Sarnia corridor. Councillor Zehr explained that the recommendation was developed as part of a joint communique/plan for action developed by area members of the Federal and Provincial Parliaments, the Regional Chairman, and Mayors, Councillors and officials representing Kitchener, Waterloo, the Region of Waterloo, Guelph, Brampton, Stratford and St. Mary's. He also indicated that acknowledgement of the initiative had been received from the Federal level. Mr. J. English, M.P., thanked Councillor Zehr for chairing the meeting of the VIA rail group. He noted that it was recently announced that a portion of the 401 near Toronto is the busiest road in North America, and AUGUST 22, 1994 COUNCIL MINUTES - 359- CITY OF KITCHENER that this draws attention to the need for a comprehensive transportation policy. He suggested that the present government must work to maintain the services we presently enjoy while developing long range policy. He suggested that Southwestern Ontario owes Kitchener a debt, and in particular Ms. Mary Pappert and Mr. George Bechtel, for their combined efforts in this area and extended his personal thanks. Councillor G. Leadston asked Mr. English what role he would take in promoting the recommendations before Council this date. Mr. English replied that he has organized a small caucus which has already met to discuss the issue, plans have been made to ride the entire length of the Sarnia to Toronto line to draw public attention, and that he has met with Federal transportation officials. He expressed the opinion that the changes proposed in terms of cost effectiveness are reasonable, but they require the combined efforts of the Provincial and Federal Governments. Councillor Leadston enquired as to the time-frame for a Federal decision, and Mr. English replied that he would anticipate a decision in October of this year. Councillor M. Wagner offered the opinion that successive governments have deliberately dismantled the country's rail system and asked what would be done in the next several years to ensure this does not continue. Mr. English replied that transportation policy has been built up over time on a piecemeal basis and that beginning with airports, the Liberal government is working toward development of a cohesive transportation policy. Councillor G. Lorentz expressed concern as to what would become of the local recommendations relative to the co-ordination of public passenger transportation services, and the use of the Toronto to Sarnia corridor as a prototype to demonstrate the impact of improvements in service on passenger train use and profitability. Mr. English replied that regardless, areas will be used as prototypes for future train travel, and the argument must be made that the Toronto to Sarnia corridor is an appropriate area. He noted that even minor improvements to the rail bed between Toronto and London could reduce travel time by 25 minutes, and that these improvements would serve as a test to determine ridership impact. Councillor C. Zehr asked that Kitchener be notified if there is anything further that the municipality can do to assist in promoting the recommendations put forward this date. By general consent, Council agreed to the request of Councillor G. Leadston to add the Federation of Canadian Municipalities and the Association of Municipalities of Ontario to the list of agencies receiving a copy of the resolution. Councillor C. Zehr also pointed out that Ms. Mary Pappert and Mr. George Bechtel deserve special credit for their efforts as nothing would have happened without them. Moved by Councillor C. Zehr Seconded by Councillor M. Wagner "WHEREAS Canada has no comprehensive National Transportation Policy and as a result there is no coordination in the provision of transportation services to the public by the federal, provincial and municipal governments. WHEREAS Southwestern Ontario has 32% of all rail passengers in Canada, but receives only 13% of the subsidies allocated to passenger rail. WHEREAS Southwestern Ontario has one of the fastest rates of population growth in the Country. WHEREAS the existing VIA Toronto to Sarnia corridor is important to the continued economic vitality of Southwestern Ontario. NOW, THEREFORE, we the undersigned strongly urge: The Federal government to initiate the preparation of a comprehensive National Transportation Policy to address the coordination of public passenger transportation services by the three levels of government. The Federal government to use the Toronto to Sarnia Corridor as a prototype to demonstrate the impact improvements in service (frequency and speed) can have on passenger train use and profitability. The Federal and Ontario governments jointly utilize the Canada/Ontario Infrastructure Works Program to implement improvements to the Toronto to Sarnia line. AUGUST 22, 1994 COUNCIL MINUTES -360- CITY OF KITCHENER AND FURTHER, that this request be circulated to the Prime Minister, the Premier of Ontario, the Federal Minister of Transportation, the Provincial Minister of Transportation, VIA Rail, all other Provincial Transport Ministries and all Councils along the Toronto-Sarnia line, as well as the Federation of Canadian Municipalities and the Association of Municipalities of Ontario. Supported by: Roger Gallaway, MP, Sarnia Andrew Telegdi, MP, Waterloo John English, MP, Kitchener Will Ferguson, MPP, Kitchener Derek Fletcher, MPP, Guelph Ken Seiling, Chair, Region of Waterloo Brenda Chamberlain, MP, Guelph- Wellington John Richardson, MP, Perth- Wellington-Waterloo Mike Cooper, MPP, Kitchener- Wilmot Karen Haslam, MPP, Perth- Dominic Cardillo, Mayor, Kitchener Stratford Mayor Brian Turnbull, Waterloo Elizabeth Witmer, MPP, Waterloo Walter Bilanski, Councillor, Sally Thorsen, Region of City of Guelph Waterloo Charles Lemmon, Town of St. Maws Mayor Dave Hunt, Stratford Douglas Thwaites, Thwaites & Carl Zehr, Councillor, City of Associates Kitchener Mary Pappert, Consumers Assoc. of Canada George Bechtel, Kitchener Save the Train Committee Bob Cranch, City of Brampton" Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler That the report of the Planning and Economic Development Committee of Council of this date be adopted. Voted on clause by clause. Clause 2 - Dealt with under delegations and Carried. Balance of report - Carried. Moved by Councillor T. Galloway Seconded by Councillor C. Weylie That the report of the Community Services Committee of this date be adopted. Carried. Moved by Councillor J. Ziegler Seconded by Councillor T. Galloway That the report of the Environmental Committee of this date be adopted. Councillor M. Wagner commented on clause 3 indicating that the Twin City Cycling Committee is already investigating standardized bicycle parking/lock up devices and has experimented with temporary road lane closures. However, he acknowledged the efforts of the Environmental Committee in furthering these initiatives. Councillor Wagner also pointed out that by adopting clause 2 of the Environmental Committee report as it relates to the Regional Cycling Policy Master Plan, Council will have automatically approved the Plan. He noted that expenditures of between $4.6 million and $7.6 million are involved and suggested that Council should be aware of the financial implications involved in approval. Councillor J. Ziegler pointed out that these expenditures would occur over a number of years, with the individual Councils having control and input. He also suggested that the City should only build what it can afford to build. Councillor G. Leadston offered the opinion that acceptance of the Regional Plan does not imply approval of the expenditures referred to by Councillor Wagner. Councillor C. Zehr enquired as to what extent the Twin City Cycling Committee has dealt with the Regional Cycling Plan and Councillor Wagner replied that four members of the Committee sat on the Regional Steering Committee and consequently AUGUST 99, 1994 COUNCIL MINUTES - 361- CITY OF KITCHENER the Twin City Cycling Committee approves of the Plan as proposed. Councillor Zehr noted his concerns relating to the significant cost of the project. The Environmental Committee report was then put to a vote and 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 C. Zehr asked that the recommendation in the report of Mr. J. Gazzola, Commissioner of Finance, dated August 22, 1994 concerning the municipality's response to a proposed reform of the Goods and Services Tax (GST), be added to the report as clause 13. Councillor T. Galloway referred to clause 6 dealing with appointments to the Ethno-Cultural Advisory Committee and explained that as the recommendation indicates, the intent of the Selection Committee was to ensure a reasonable appointment term and in this regard is suggesting that Council give favourable consideration to ratifying the appointments for the 1995 appointment year. He also asked that Council consider appointing its own representatives to the Ethno-Cultural Advisory Committee. By general consent, Council agreed to the recommendation of Councillor B. Stortz that Mayor D.V. Cardillo and Councillors T. Galloway and C. Zehr be appointed as the Council representatives to the Ethno- Cultural Advisory Committee and that clause 6 of the report be so amended. Councillor J. Ziegler pointed out that he did not initially move recommendation 11 dealing with the current system of assessing construction value and assigning a permit fee as was indicated in the August 15, 1994 Finance and Administration Committee minutes. He pointed out that he still has concerns in instances where a homeowner may not agree with the value assigned to the construction project. He suggested that the owner should be allowed to prove to staff where the actual cost differs from the estimated cost of construction without having to hire someone to conduct an audit. Councillor B. Stortz asked that Mr. J. Witmer submit a report in this regard for consideration at the September 19 Finance and Administration Committee meeting. Councillor C. Zehr, accepted as a friendly amendment, a suggestion by Councillor J. Ziegler that clause 13 of the Finance and Administration Committee report dealing with proposed reform of the G.S.T. be amended to indicate that municipal governments should not bear a greater burden than the present effective G.S.T. rate, after rebates, of 3%. The report of the Finance and Administration Committee was then put to a vote. Voted on clause by clause. Clause 6 - Carried, as amended. Clauses 11 & 13 - Carried. Balance of report - Carried. Moved by Councillor M. Wagner Seconded by Councillor T. Galloway That the report of the Local Architectural Conservation Advisory Committee (July 8, 1994) be adopted. Councillor M. Wagner asked that consideration of clause 1 of the report relative to the Local Architectural Conservation Advisory Committee Strategic Plan and Priorities be deferred and referred to the next Planning and Economic Development Committee meeting for a presentation by Mr. L. Bensason, Heritage Planner. The report of the Local Architectural Conservation Advisory Committee (July 8, 1994) was then voted on, as amended. Voted on clause by clause. AUGUST 22, 1994 COUNCIL MINUTES - 362- CITY OF KITCHENER Clause 1 - Action deferred and referred to the September 19, 1994 Planning and Economic Development Committee meeting for a presentation by the City's Heritage Planner. Balance of report - Carried. Moved by Councillor M. Wagner Seconded by Councillor T. Galloway That the report of the Local Architectural Conservation Advisory Committee (August 12, 1994) be adopted. Carried. Moved by Councillor J. Smola Seconded by Councillor M. Wagner That the report of the Public Works and Transportation Committee of this date be adopted. Councillor G. Lorentz referred to clause 1 of the report concerning relocation of a bus stop in front of the Forest Hill United Church. He advised that he had spoken with the head of the Church Council and that they had agreed to disagree concerning the proposed location. He noted that their biggest concern related to traffic exiting from the parking lot. Councillor Lorentz referred to clause 8 involving a parking prohibition on Westview Crescent and noted that this has been initiated in response to problems created by T-Ball spectators and participants. Councillor Lorentz advised that it will only be enforced during T- Ball season, and then only on part of the street. In reference to clause 12 concerning leaf collection by the City, Councillor Lorentz reminded Council that the Region of Waterloo had recently given out a large number of home composters, one of the key ingredients of which is dried leaves. He asked why Council would not encourage greater use of leaves for mulching, as opposed to pickup at the curb. Mr. S. Gyorffy replied that this will be suggested through a pamphlet the Public Works Department will be mailing to every household in the City, specifically, that homeowners should consider composting first and only bag the remainder of the leaves. Concerning the recommendation that leaves be raked to the roadside for collection by street sweepers, Councillor Lorentz enquired as to the City's liability given the danger which may be created relative to children and cars. Mr. J. Wallace replied that each case would depend on the individual facts involved and parental awareness, given the fact that children have a natural attraction to piles of leaves. Councillor G. Leadston asked Mr. Gyorffy to record the leaf tonnage involved and to compare the volume of leaves picked up over the past several years in light of recent composting initiatives. Mr. Gyorffy acknowledged that a tonnage comparison will be undertaken. The report of the Public Works and Transportation Committee of this date was then put to a vote and Carried. Councillor J. Ziegler referred to a recent memorandum circulated by Mr. J. Wallace concerning the inquest into a recent transit fatality. Councillor Ziegler pointed out that Council had previously indicated a public information meeting would be required after the inquest, and indicated that a meeting involving the Country Hills area sometime in mid to late September would be appropriate. Mayor D.V. Cardillo asked that Mr. R. Freeborn take this direction under advisement. Councillor M. Wagner referred to ongoing discussions concerning the purchase of abandoned C.P. Rail lands. He advised that the City of Waterloo has purchased lands and that the media had wrongly indicated that Kitchener Council would deal with the matter this date. Mr. T. McKay reported that staff have met with C.P. Rail to discuss a revised offer much lower than the initial $1.4 million amount. He also pointed out that staff have reviewed all of the properties in Kitchener and identified the planning concerns. He advised that a further meeting was planned after Waterloo dealt with the issue and before the City makes its final offer to C.P. Rail. Councillor M. Wagner commended Mr. McKay on the document recently prepared by staff for presentation to the Railway Acquisition Committee and Mr. McKay in turn thanked the Parks and Recreation Department staff for their efforts in this regard. Councillor C. Weylie summarized her report to Council dated August 15, 1994 with respect to possible changes in the format, agendas and scheduling of Committee days. She advised that she had met with Committee chairpersons and staff and referred to each of the suggestions in her report. COUNCIL MINUTES AUGUST 22, 1994 - 363- CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler That Council adopt the recommendations in the report of Councillor C. Weylie dated August 15, 1994 concerning the format, agendas and scheduling of Standing Committee meetings. Councillor C. Zehr suggested that Council should not overreact and totally eliminate verbal reports by staff, and Councillor C. Weylie responded that such reports may last as long as 20 minutes and add significantly to the length of the meeting. Councillor M. Yantzi added that verbal reports can on occasion eliminate the need for longer reports. He also pointed out that on occasion Council members spend a significant amount of time discussing divergent topics, and suggested that discipline by the chair in this regard is required. Councillor G. Leadston also indicated that it should be recognized that there are circumstances when delegations who are not on the agenda should appear at a Committee meeting. Councillor J. Ziegler referred to issues, such as the recent Safety-Kleen discussions, which may begin with a single delegation but expand into a larger issue, and noted that these would be dealt with on the Tuesday evening following the regular Committee day. Councillor C. Zehr referred to the issue of providing notice to Members of Council when a meeting is required the Tuesday after a Committee day. Councillor Ziegler pointed out that Committees do not require full Council attendance, and that it should be possible to determine whether a quorum can attend on the following evening. Mr. T. McKay added that the majority of large items can be identified in advance. Councillor T. Galloway suggested that the concept of a Tuesday evening meeting requires further consideration as attendance may be problematic not only for Committee members but also for the delegations involved. The motion by Councillor C. Weylie, seconded by Councillor J. Ziegler, to adopt recommendations concerning various changes involving Standing Committees was voted on and Carried. Councillor J. Ziegler referred to a recent resolution of the Town of Oakville concerning proposed amendments to the Municipal Conflict of Interest Act, including the required disclosure of financial information. Councillor Ziegler suggested that this item should be placed on an upcoming committee agenda and that the City Clerk should provide the necessary background information. He further suggested that such legislation may discourage people from running for office, and that Council should discuss the matter and adopt a position. By general consent, Council agreed that this item should be included for discussion on the September 19, 1994 Finance and Administration Committee agenda. Councillor T. Galloway referred to the method whereby Council chooses the representatives who will sit on Regional Council. He offered the opinion that circumstances arise where a Ward Councillor is put in a difficult position by not having a political voice on Regional Council and referred to a recent situation. He suggested that the electoral system in this regard is undemocratic and inappropriate and suggested that the new Council should address this issue and consider asking the Chairman of the Regional Review Committee to examine the situation with a view to developing a standardized system of appointments Region-wide. Moved by Councillor T. Galloway Seconded by Councillor J. Ziegler That Kitchener Council request that the Chairman of the Regional Review Committee examine the current method of selecting local members of Council to Regional Council with a view to developing a standardized system of addressing such appointments. Councillor J. Ziegler offered the opinion that the request as outlined in the motion is appropriate, but that the example previously referred to by Councillor T. Galloway was inappropriate, since both he Councillor Zehr and Councillor Weylie were given an opportunity to speak on the matter involving the installation of sound attenuation walls. Councillor G. Leadston suggested that Councillor Galloway's status at the Regional Engineering Committee is the same as other Council members as regards the ability to make presentations, though any proposal would have to be moved by a Committee member. Councillor C. Zehr indicated that he took exception to some of the statements made by Councillor Galloway in the report recently circulated to members of Council and clarified that it is in fact normal practice to have a Ward Councillor sit on a Project Team. He stated that as a member of Regional Council, he also felt some sense of frustration after having given a lengthy presentation himself. Councillor Zehr AUGUST 99, 1994 COUNCIL MINUTES -364- CITY OF KITCHENER acknowledged that Councillor Galloway has no vote on the Committee, but pointed out that he still has political influence. Councillor Zehr also clarified that the three members of Kitchener Council who at the Regional Engineering Committee were there on behalf of the City and not on behalf of their own individual Wards. He also suggested that it is incorrect to say that the issue was not brought forward by the Kitchener representatives. Councillor T. Galloway offered the opinion that members of Council were missing the point and that his purpose in bringing the issue forward was not to discuss the merits of a particular case, but the fact that no one sitting on the Committee that date was elected by his Ward constituents. He noted that such an occurence does not suggest an accountable system. Councillor Galloway pointed out that all of the Committee members, with the exception of the Kitchener representatives, were elected at large, and suggested that this is a fundamental flaw in the Regional system. Councillor C. Weylie indicated that she also has had experiences similar to those outlined by Councillor Galloway. The previous motion by Councillor T. Galloway, seconded by Councillor J. Ziegler, requesting that the Chairman of the Regional Review Committee examine the current method of appointments to Regional Council was voted on and Carried. Councillor G. Lorentz referred to his frustration over frequent occurrences of speeding through residential areas involving such streets as Fischer-Hallman Road. He asked that Mr. D. Snow submit a report to the Public Works Committee commenting on whether a future application of photo-radar in residential neighbourhoods is possible. He suggested that some type of penalty for speeding in these areas should be imposed as reductions in the speed limit do not work. Mayor D.V. Cardillo asked that Mr. Snow take the comments of Councillor Lorentz under advisement. Councillor M. Wagner referred to instances of trucks using City streets at nights or on weekends and Mayor D.V. Cardillo asked that Mr. Snow consider this situation as well. Members of Council concurred with the request of Mr. R.W. Pritchard to add a by-law for three readings this date relative to an extension in the time for conveyance of lands formerly known as Karn Lane. Moved by Councillor T. Galloway Seconded by Councillor C. Weylie That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to exempt a certain lot from Part Lot Control - Lots 9, 10 and 12, Registered Plan 1791 - Dawn Ridge Drive (b) Being a by-law to exempt a certain lot from Part Lot Control - Lots 21, 22, 23, 24 and 25, and Lots 30, 31, 32, 33, 34 and 35, Registered Plan 1791 - Dawn Ridge Drive & Dawn Ridge Court (c) Being a by-law to exempt a certain lot from Part Lot Control - Lot 39, Registered Plan 1791 - Dawn Ridge Drive (d) Being a by-law to amend Chapter 500 of the City of Kitchener Municipal Code with respect to General Provisions - Issue of Licences (e) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code regarding Appointments of Staff (f) Being a by-law to amend By-law 4830 known as the Zoning By-law - Steed & Evans Limited - Bridge Street East - No.92/19/B/JW (g) To confirm all actions and proceedings of the Council (h) Being a by-law to extend time for conveyance of lands pursuant to By-law 87-64 - Karn Lane Closed and that the same be taken as read a first time and stand referred to the Committee of the Whole. Carried. AUGUST 22, 1994 COUNCIL MINUTES - 365- CITY OF KITCHENER On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor D.V. Cardillo appointed Councillor J. Ziegler as Chairman. On motion, the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the Chair. Moved by Councillor J. Ziegler Seconded by Councillor T. Galloway 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 T. Galloway Seconded by Councillor C. Weylie That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to exempt a certain lot from Part Lot Control - Lots 9, 10 and 12, Registered Plan 1791 - Dawn Ridge Drive (By-law No. 94-140) (b) Being a by-law to exempt a certain lot from Part Lot Control - Lots 21, 22, 23, 24 and 25, and Lots 30, 31, 32, 33, 34 and 35, Registered Plan 1791 - Dawn Ridge Drive & Dawn Ridge Court (By-law No. 94-141 ) (c) Being a by-law to exempt a certain lot from Part Lot Control - Lot 39, Registered Plan 1791 - Dawn Ridge Drive (By-law No. 94-142) (d) Being a by-law to amend Chapter 500 of the City of Kitchener Municipal Code with respect to General Provisions - Issue of Licences (By-law No. 94-143) (e) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code regarding Appointments of Staff (By-law No. 94-144) (f) Being a by-law to amend By-law 4830 known as the Zoning By-law - Steed & Evans Limited - Bridge Street East - No.92/19/B/JW (By-law No. 94-145) 10. (g) To confirm all actions and proceedings of the Council (By-law No. 94-146) Being a by-law to extend time for conveyance of lands pursuant to By-law 87-64 - Karn Lane Closed (By-law No. 94-147) (h) be taken as read a third time, be finally passed and numbered serially by the Clerk. Carried. AUGUST 22, 1994 COUNCIL MINUTES - 366- CITY OF KITCHENER On motion, the meeting adjourned. MAYOR CLERK PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - That the Mayor and Clerk be authorized to execute an Offer to Purchase from Anchor Group Incorporated (BLM Distribution Systems) for the 11.2 acre parcel which is Part 1 and Part 2 of Reference Plan 58R-9183 on McBrine Drive in the Huron Business Park for a total purchase price of $700,000. That Demolition Control Application DC 94/05/RM (Old Chicopee Estates Ltd.) requesting approval for the demolition of two single detached dwellings located at 314 and 344 Old Chicopee Drive legally described as Part of Lot 118, German Company Tract be approved without conditions. (Dealt with under delegations and carried) That enforcement of the City's Zoning By-law be waived with respect to a cake decorating business at 259 Courtland Avenue East and temporary occupancy be approved subject to the business vacating the location in the event the City's Stage 6 Comprehensive Zoning By-law (By- Law 94-1) is not approved by the Ontario Municipal Board in a form that would permit this use. Further, that in the event of failure to vacate, the City's Municipal Law Enforcement Officer be directed to commence notice of action to remove the illegal use and that any work done to the premises be at the sole risk and responsibility of the owner in the event losses are incurred as a result of the final disposition of Stage 6 of the Comprehensive Zoning By-law. That Council accept the letter dated revised August 5, 1994 and accompanying site plan dated July 15, 1994 from John Clinckett Architect, both attached to Planning and Development Staff Report PD 94/73, as the City's site plan approval providing for the orderly development of the parking lot at 323 King Street East in accordance with the condition contained in the offer to purchase between the City and Tony DiBattista. 5. 1. That Section 683.2.1 of the Kitchener Municipal Code be amended by: deleting reference to "Commissioner of Planninq and Development" and inserting "Mana,qer of Desiqn, Herita,qe & Environment"; and ii) deleting reference to "Director of Development" and inserting "Assistant General Manaqer, Department of Planninq and Development." iii) adding the following new clause: That the Mayor and Clerk be authorized to execute all agreements required as a result of the exercise of authority delegated to the City's Manager of Design, Heritage & Environment and the City's Assistant General Manager with respect to Site Plan Control. That the City Clerk be directed to amend Chapter 101 of the Municipal Code "Appointments" to reflect the Department of Planning and Development new Organizational Plan. That Section 10.111 of the City's "Dele,qation of Subdivision & Condominium Policy" adopted by City Council on August 19, 1991, be amended to: i) add clause 2 as follows: PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - CONT'D 5. 3. i) (Cont'd) That the Mayor and Clerk be authorized to execute all Subdivision Agreements required as a result of the exercise of authority delegated under subsection I and II AUGUST 22, 1994 COUNCIL MINUTES -368- CITY OF KITCHENER COUNCIL MINUTES AUGUST 22, 1994 - 368- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL above. ii) delete all references to "Commissioner of Planninq and Development" and replace with "General Manager, Department of Planninq and Development." That the Mayor and Clerk be authorized to execute all Agreements required as a result of decisions of the Committee of Adjustment. That Recommendations 1 and 2.3 to 2.16 inclusive of Report PD 94/32 be approved, as outlined below: That the following mission statement be endorsed by the C.I.P. Steering Committee: "To ensure a streamlined subdivision approval process while providing for properly planned communities". That the C.I.P. Steering Committee recommend the following to Planning Committee and City Council: Submission of Application 2.3 That the City supports the position that a new subdivision application not be accepted for processing unless 'pre-consultation' has occurred with City and Regional staff and any necessary agencies as determined by Regional and City staff. Problem Analysis and Resolution of Issues 2.4 That, as a priority, the City shall update Master Drainage Plans to current requirements in order to minimize delays in subdivision processing. 2.5 That City Council acknowledge the desirability of the 'pilot' delegation of Ministry of Natural Resource's review and approval of storm water management design to Grand River Conservation Authority, in consultation with the City of Kitchener. 2.6 That Council request Ministry of Environment and Energy (MOEE) to consider delegating storm water management design review and approval, both quantity and quality, to the Grand River Conservation Authority in consultation with the City of Kitchener. 2.7 That Council encourage the Grand River Conservation Authority to review its internal process, including its regulations if necessary, with respect to presentations and recommendations of applications to its Executive Committee so as to allow effective development industry input and more direct participation of this group in the decision making process. 2.8 That, as a general practise, new City policies shall not be applied retroactively to 'advanced' draft plans of subdivision, in active processing. 2.9 That the City of Kitchener acknowledges that it is an effective practise of issue resolution to ensure that the applicant/developer is kept informed immediately of agency circulation comments and copies of such responses are made available. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - CONT'D 6. (Cont'd) AUGUST 22, 1994 COUNCIL MINUTES - 369- CITY OF KITCHENER COUNCIL MINUTES AUGUST 22, 1994 - 369- CITY OF KITCHENER City Approval Process REPORTS ADOPTED BY COUNCIL 2.10 That except for a 4 week break with no meetings scheduled the last 2 weeks of July and the first 2 weeks of August, a minimum of two Planning Committee and Council meetings (special meetings if necessary) be scheduled in each month from June through to September to consider applications for draft plans of subdivision and implementing zoning by-laws for meeting Priorities 'A' and 'B' in each year's approved Staging of Development Report. 2.11 That the City support the concept of'lotless blocks' in draft plans of subdivision subject to: a) all draft plan submissions indicating in the legend the minimum and maximum number of units by type for each Iotless block proposed b) the requirement that lateral connections and proposed lot lines be shown on the engineering drawing approved by the City's Department of Public Works prior to registration of the plan c) the City's Department of Public Works approving the Draft Reference Plan, prepared in accordance with the lot lines shown on the approved Engineering Drawings, prior to the City Solicitor scheduling any Part Lot Control Exemption By-laws to Council containing such Iotless blocks d) the City advising Regional staff, at the time of release for registration, of the exact number of lots and units by type, for each block shown on the approved engineering drawings. Re,qional (Minister's)Approval Process 2.12 That City Council recommend that Regional Council consider scheduling approval of draft plans of subdivision by Regional Planning Committee where required, on the strength of a favourable recommendation by Kitchener Planning Committee, in the circumstances where further meeting delay has the potential of the subdivision missing the current building season. In these cases, City of Kitchener staff shall attend Regional Planning Committee to assist Regional staff. 2.13 That City Council support the Region of Waterloo in its submissions to the Province to expand the extent of delegation of authority with respect to engineering/servicing approvals, particularly from Ministry of Environment and Energy (MOEE). 2.14 That City Council request the Region of Waterloo, as part of its 1994-1995 Regional Development Charge By-law Review, to consider applying the collection of the development charge 'pre-payment' to the release of each phase for servicing rather than the release of each stage for plan registration. Continuous Improvement 2.15 That the C.I.P. Team for subdivision approvals continue its work, without the need of a facilitator, to accomplish the following as part of its Phase 2 objectives: a) review the City's Standard Form Subdivision Agreement with future recommendations to Council on bringing it up to date; eliminating duplication and inconsistencies; standardizing as many frequently used conditions as possible; and arranging the conditions in a "sequence of actions" order; PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - CONT'D AUGUST 22, 1994 COUNCIL MINUTES -370- CITY OF KITCHENER COUNCIL MINUTES AUGUST 22, 1994 - 370- CITY OF KITCHENER 6. (Cont'd) REPORTS ADOPTED BY COUNCIL b) standardize the wording of special conditions applied in the Department of Planning and Development's recommendations; c) review standard Regional conditions; and d) review the process between Regional Draft Plan Approval and Plan Registration to improve efficiency. 2.16 That, as a means of exploring other streamlining ideas, Council support a pilot project that would identify a specific draft plan of subdivision to be submitted in the next year as a priority project of all Departments to attempt to give City approval within 90 days of receipt of completed application. The application to be identified, shall be firstly approved by City Council and endorsed by the City's Project Review Committee. That Recommendations contained in Section 3 of Report PD 94/32 be acknowledged by Council as improvements to the subdivision approval process and accepted for information, with further action towards implementation being being taken by C.I.P. Steering Committee and affected Departments. That Planning and Development Staff Report PD 94/67 be received by Kitchener Council and be forwarded to the Ministry of Housing and the Ministry of Municipal Affairs for information; and further, That no action be taken at this time to implement any specific recommendation arising from the Provincial Guideline "Alternative Development Standards." That the Provincial Standing Committee on Administration and Justice be advised of the following with respect to City of Kitchener's position on Bill 163 - Amendments to the Planning Act and a Comprehensive Set of Policy Statements: a) That Kitchener's City Council supports Region of Waterloo's Report PC - 94-060, with the exception of recommendation number 6 regarding the condition setting price. b) That Kitchener's City Council: Supports the efforts of the Province relative to the majority of the proposed amendments to the Planning Act as contained in Bill 163 and particularly applaud the changes being proposed for Minor Variances and the introduction of the Development Permit System; II. Request consideration be given to further extending the authority granted under Section 41 of the Planning Act (Site Plan Control) to allow municipalities to require conditions for noise abatement and mitiqation measures and environmental contamination and site decommissioninq. III. Request consideration be given to allowing municipalities to require conditions related to approvals granted under Section 33 of the Planning Act (Demolition Control); That no action be taken on the City of Mississauga's request to support their opposition to the amendments to Section 42 of the Planning Act with respect to parkland dedication. COUNCIL MINUTES AUGUST 22, 1994 - 371- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - CONT'D That Planning and Development Staff Report PD 94/69 (Bill 120 - Residents Right Act) be received for information. COMMUNITY SERVICES COMMITTEE - 1. That we approve a first hour free parking coupon program for the Kitchener Farmers' Market. That "A Report Investigating the Annual Costs Related to the City of Kitchener Operating Kiwanis Park", prepared by Mr. P. Beaudry, Manager of Aquatics, dated August 4, 1994, be received for information; and further That we await the outcome of the review of Kiwanis Park by the Grand River Conservation Authority. That we approve the request of the Doon Pioneer Park Community Association for an in-kind services grant, in the amount of $500.00, in connection with their 25th Anniversary and Year Of The Family Celebration to take place on Saturday September 24, 1994. That we approve a grant in the amount of $100.00, payable to the Ontario Arm Wrestling Association, on behalf of Tamara Kelly, to assist with her travelling expenses to attend the World Arm Wrestling Championships in Sweden, from September 7 - 14, 1994. That we cover the cost of the purchase of a mower by the Kitchener Horticultural Society, in the amount of $13,439.50, with the method of payment being recommended by the Commissioner of Finance at the Council Meeting of August 22, 1994; and further That no action be taken to cover the Kitchener Horticultural Society's debt of $10,695.00 until completion of the Master Plan for Rockway Gardens. That no action be taken on the request of The Canadian Association of Nephrology, Nurses and Technicians, for a transportation grant in the amount of $1,000.00. That we accept, in principle, the offer of the Waterloo Wellington Dufferin Building Trades Council and Conestoga College to undertake a "Community Action Proposal" as presented to the Community Services Committee on August 15, 1994; and further That staff report to the Community Services Committee on the feasibility of this proposal. That the Twin City Kiwanis Club and Kinsmen Club be allowed to operate the 1994 Karlsberghaus, complying with the City's Non-Smoking Policy, by having a no smoking section as large as the patrons demand; and further That for 1994, the Twin City Kiwanis Club and Kinsmen Club be permitted to sell alcoholic beverages at Karlsberghaus by stationing one S.I.P. trained personnel at each ticket booth and at each bar, and ensuring compliance to all other requirements of the City Alcohol Management Program; and further That this be subject to review prior to the 1995 Karlsberghaus operation. AUGUST 22, 1994 COUNCIL MINUTES -372- CITY OF KITCHENER COUNCIL MINUTES AUGUST 22, 1994 - 372- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) That consideration of the Region's Draft Tobacco By-Law and the report prepared by Mr. J. H. Shivas, Director of Legal Services, dated August 15, 1994, be referred to the Committee of the Whole meeting of Monday, August 22, 1994. 10. That consideration of the grant request of The National Pensioners and Seniors Citizens Federation be referred to the Committee of the Whole meeting of August 22, 1994; and further That the Federation be requested to make application for this grant in the normal fashion. 11. That the letter received from Mayor June Rowlands of the City of Toronto, dated August 9, 1994, concerning the Toronto Help Rowanda Fund, be referred to the Committee of The Whole meeting of August 22, 1994. ENVIRONMENTAL COMMITTEE - That the City of Kitchener support the "Green Community Initiative" program of the Ministry of Environment and Energy and request the Waterloo Public Interest Research Group (WPIRG) to act as a catalyst for local community based groups to take advantage of the program; and further, That Dr. James Kay be appointed as the City's representative to the community group and WPIRG be so advised. That the "Regional Cycling Policy Master Plan" dated February 1994, prepared by Victor Ford and Associates Inc. and IMC Consulting Group Inc., be endorsed; and further, That the City of Kitchener undertake development of its own "Master Plan" complementary to and based on similar criteria to that of the Regional plan. That the Twin Cities Bicycle Committee be requested to examine, within the context of their Municipal Plans and the Regional Cycling Policy Master Plan, the following issues: (a) adopting standardized bicycle parking/lock-up devices and promoting acquisition of these devices by local municipalities within the Region for widespread installation; (b) promoting temporary road lane closures, for example on Sunday mornings, to create a temporary bicycles only recreationway. FINANCE AND ADMINISTRATION COMMITTEE - That no action be taken on the request of Mrs. Bozena Sikorski for compensation for damages to her property as a result of a sewer backup at 83F Thaler Avenue, and further, That Public Works staff assist Mrs. Sikorski in her presentation to request compensation from the property owner, North Waterloo Housing. That the City Solicitor be directed to prepare a by-law amending Chapter 530 (Dogs) of the Municipal Code to reflect an increase in the fee for replacement dog tags from $0.25 cents to AUGUST 92, 1994 COUNCIL MINUTES -373- CITY OF KITCHENER COUNCIL MINUTES AUGUST 22, 1994 - 373- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL $2.00. FINANCE AND ADMINISTRATION COMMITTEE - CONT'D That an over-expenditure in the amount of $25,300 be granted for repairs to the heating system at the Bramm Street Yards (Index Code 526158), and further, That an over-expenditure in the amount of $15,000 be granted for the repointing, in 1994, of masonry units at the Transportation Centre, and that an additional $10,000 be allocated in 1995 (Index Code 526152). That notwithstanding the previous budget guideline of a zero percent increase in transit user fees in 1995, staff be allowed to present various scenarios involving a potential increase, on the understanding that this in no way implies a decision to increase transit fees. That the Council of the City of Kitchener endorse the Partnership Program Protocol between the City and Windhoek, Namibia dated June/July, 1994. That the following individuals be appointed to the Ethno-Cultural Advisory Committee for a term expiring November 30, 1994: Susan Oxford; Mesut Koray Kuzucuoglu; Pritam Singh Grewal; Joseph Lovell; Ernie Ginsler; Claudine Dey; Rajiv Anjaria; Antonio Brito; Jane Musoke; Shariff Aidaruse, Mayor D.V. Cardillo, Councillors T. Galloway and C. Zehr, and further, That in order to insure appointments of reasonable duration, it is the intent of the Selection Committee that the new Council give favourable consideration to ratifying the above for the 1995 appointment year. (As Amended) That for the remainder of 1994, the City enter into a trial rental arrangement with Ministerial Associates to permit them to rent the Heritage Room or other suitable accommodation in City Hall for the strict purpose of performing wedding ceremonies. Such arrangement would be on each Friday from 12:00 noon until 6:00 p.m. and on each Saturday from 10:00 a.m. until 6:00 p.m., at a rental of $1,000 payable as a security deposit upon agreement and $1,000 being payable on or before each month in advance, and further, That upon completion of this trial period, and subject to consent by both parties, the City enter into an annual agreement under the same terms and conditions applicable during the trial period. That effective October 1, 1994, the City of Kitchener impose a $20.00 fee on each local improvement inquiry application, and further, That staff investigate and report to the Finance and Administration Committee on the feasibility of offering a discount rate for applications involving both local improvement inquiries and tax certificates, provided both are requested in a single letter. 10. That Council enact the draft by-law appended to the report of Ms. D. Arnold dated August 9, 1994 which would amend Chapter 500 (General Provisions - Issue of Licences) of the Municipal Code relative to the pro-rated refunding of licence fees. That no action be taken for the remainder of the 1994 licensing year relative to filling a vacancy involving the hot dog cart at the corner of Otto and Frederick Streets. COUNCIL MINUTES AUGUST 22, 1994 - 374- CITY OF KITCHENER COUNCIL MINUTES AUGUST 22, 1994 - 374- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 11. That no action be taken to change the current system of assessing construction value and assigning the applicable permit fee as outlined in Building By-law 94-31. FINANCE AND ADMINISTRATION COMMITTEE - CONT'D 12. That the Manager of Licensing be authorized to issue an Ice Cream Vehicle Driver Licence to Mr. Patrick J.G. Fortin. 13. That Kitchener City Council urge the House of Commons Finance Committee to maintain the principle that no greater burden be placed on Municipal governments through reform of the Goods and Services Tax (GST) than presently exits, that being an effective GST rate, after rebates, of 3%, and further, That the City Clerk forward copies of this resolution to the Prime Minister, the Minister of Finance, the Minister of National Revenue, Members of the House of Commons Finance Committee, local M.P's, the Federation of Canadian Municipalities, and the Association of Municipalities of Ontario. LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE (JULY 8, 1994) - That we approve the Local Architectural Conservation Advisory Committee Strategic Plan and Strategic Priorities by Key Activity Areas (1994-1998). (Action deferred and referred to the September 19, 1994 Planning and Economic Development Committee meeting for a presentation by the City's Heritage Planner). That a Designated Property Grant under the Preserving Ontario's Architecture Program for 50% of eligible costs to a maximum of $3,000.00 be approved, in principle, for 811 Bleams Road (J. Steckle Heritage Homestead) and the grant be used to fund the repointing of the north and west elevation and repair the major crack in the north wall of the Forge Barn, as outlined in the owners application dated July 4, 1994; and further, That this approval be conditional upon: the Province confirming it's funding commitment and all receipts/invoices being submitted to the Clerk's Division by April 30, 1995. That a Designated Property Grant under the Preserving Ontario's Architecture Program for 50% of eligible costs to a maximum of $3,000.00 be approved, in principle, for 150 Water Street South/73 Heins Avenue and the grant be used to fund the repair and/or replacement of soffits, facia and supporting brackets and the new cedar shingle roof for the sun porch; the selective replacement of railings and spindles on the rear porch of 150 Water Street South; and the reconstruction of five wooden storm windows, as outlined in the owner's application dated July 5, 1994 and a storm/screen door (Heins St. entrance); and further, That no action be taken on the request of the owners to fund the painting of the sun porch; and further, That funding of the new cedar shingle roof on the sun porch be conditional upon verification by staff of the use of existing cedar shingles on the sun porch for the main roof; and further, That this approval also be conditional upon: the Province confirming it's funding commitment; all reconstructed features being identical in all respects to the existing original,or in the case of the storm/screen door to correspond to the existing hinge and stile arrangement; and all receipts/invoices being submitted to the Clerk's Division by April 30, 1995. That a Designated Property Grant under the Preserving Ontario's Architecture Program for 50% of eligible costs to a maximum of $3,000.00 be approved, in principle, for 23 Roland Street, and the AUGUST 22, 1994 COUNCIL MINUTES - 375- CITY OF KITCHENER COUNCIL MINUTES AUGUST 22, 1994 - 375- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL grant be used to stabilize the front porch by the installation of a concrete footing and a rebuilt pier, repointing of remaining piers and to repair and/or replace portions of the front porch and upper balcony, as outlined in the owner's application dated June 27, 1994, and further, LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE (JULY 8, 1994) - CONT'D 4. (Cont'd) That this approval be conditional upon: The reconstruction of the upper balcony and lower porch must match as closely as possible the woodwork shown in the historic photograph in "Berlin-Celebration of Cityhood 1912"; The mortar mix to be used in repointing the porch piers must be endorsed under Provincial Guidelines with the tooling of the joints to match the existing; The Province confirming it's funding commitment; All reconstructed features being identical in all respects to the existing original; and All receipts/invoices being submitted to the Clerks Division by April 30, 1995. That a Designated Property Grant under the Preserving Ontario's Architecture Program for 50% of eligible costs to a maximum of $3,000.00 be approved, in principle, for 43 Schneider Ave., and the grant be used to repair the front porch floor, front porch posts, construct new wooden steps to replace existing masonry unit at the front door, construct wooden steps to front porch, repair wood soffit above David Street facade and the selective repointing of mortar joints on three elevations, as outlined in the owners application dated June 30, 1994 and subsequent amendment; and further, That this approval be conditional upon: The reconstruction of the front door steps, to replace the existing masonry unit,and reconstruction of the steps to the front porch must match as closely as possible the circa 1932 photograph submitted by the owner; The owners use a mortar mix which is endorsed under Provincial Guidelines and tool the mortar joints to match the existing; The Province confirming it's funding commitment; All reconstructed features being identical in all respects to the existing original; and All receipts/invoices being submitted to the Clerks Division by April 30, 1995. That a Designated Property Grant under the Preserving Ontario's Architecture Program for 50% of eligible costs to a maximum of $3,000.00 be approved, in principle, for 181 Park Street, and the grant be used to fund work involving the front porch, the upper balcony, and the front dormer, as outlined in the owners amended application dated July 6, 1994; and further, That the installation of cedar shingles be conditional on staff verifying the existence of cedar shingles on the balcony apron and eaves returns; and further, COUNCIL MINUTES AUGUST 22, 1994 - 376- CITY OF KITCHENER COUNCIL MINUTES AUGUST 22, 1994 - 376- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That this approval be conditional upon: the Province confirming it's funding commitment; all reconstructed features being identical in all respects to the existing original; and all receipts/invoices being submitted to the Clerks Division by April 30, 1995. LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE (AUGUST 15, 1994) - That pursuant to Section 33 of the Ontario Heritaqe Act, Council approve an alteration to the designated property known as Suddaby Public School (Frederick Street) involving removal of the existing white paint on the concrete window sills and horizontal concrete banding using the microabrasive cleaning method outlined in the letter of Ms. G. Sussman, Ministry of Culture, Tourism and Recreation dated February 23, 1993, and further, That approval also be given to replace the existing windows on the rear elevation (top row only) with the wood/aluminum units displayed at the August 11, 1994 L.A.C.A.C. meeting by Mr. John Clinkett, Architect. That a Designated Property Grant under the Preserving Ontario's Architecture Program for 50% of eligible costs to a maximum of $3,000.00 be approved, in principle, for Suddaby Public School (Frederick Street) and the grant be used to fund the removal of the existing paint from the concrete window sills and horizontal banding on the rear elevation using the microabrasive (sodium bicarbonate) cleaning method outlined in the report of Ms. G. Sussman, Ministry of Culture, Tourism and Recreation dated February 23, 1993, and further, That the above grant be subject to the following conditions: a) The Province confirming it's funding commitment; b) One of the five applicants who have already received grant approval in 1994/95 indicating to the City that they do not intend to claim said grant; c) That work does not commence prior to receiving verification from the City that grant funds will be available for the project in light of conditions "a" and "b"; all original receipts being submitted to the Clerks Division by April 30, 1995; d) That when undertaking the above work the brick units on either side of the string course be masked, no water be used during the application, pressure and volume be kept within the minimum requirements demonstrated on site in November of 1992, and the nozzle used be equipped with a fan tip of at least 15°. e) all original receipts being submitted to the Clerks Division by April 30, 1995; That pursuant to Section 33 of the Ontario Heritaqe Act, Council grant permission to alter the designated property at 43 Schneider Ave. through the addition of railings on either side of the stairs leading to the main door, installation of a railing along the front porch, alteration of the front door and the application of decorative detailing, all as presented to L.A.C.A.C. by Mr. Harold Russell at the August 12, 1994 meeting. COUNCIL MINUTES AUGUST 22, 1994 - 377- CITY OF KITCHENER COUNCIL MINUTES AUGUST 22, 1994 - 377- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That pursuant to Section 33 of the Ontario Heritaqe Act, Council approve an alteration to the designated property at 25 Joseph Street (former Victoria Public School) involving the installation of awnings adjacent to the David Street elevation and over the entrance to the Community Centre as presented to L.A.C.A.C. by Mr. R. Kruppa and Ms. L. Hare at the August 12, 1994 meeting, and further, That the owner's representatives work with Ms. S. Burke in selecting an appropriate colour, awning style and lettering style. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That the existing bus stop located on the south side of Westmount Road at Forest Hill Drive be relocated to a location further to the south and more in front of the Forest Hill United Church. That stop controls be installed at the following location: Belmont Lane West at Rock Avenue (both westbound and eastbound), and further, That the Uniform Traffic By-law be amended accordingly. That parking be prohibited on the west side of Fairview Street from Weber Street to a point 23 metres south of Weber Street, and further, That the Uniform Traffic By-law be amended accordingly. That the existing the all-way stop control be removed from the intersection of Indian Road and Montcalm Drive, and further, That the Uniform Traffic By-law be amended accordingly. That parking be prohibited on the north side of Heritage Drive from a point 73 metres east of Oakhurst Crescent (west intersection) to a point 84 metres east of Oakhurst Crescent (east intersection), and further, That parking be prohibited on the north side of Heritage Drive from Ottawa Street to a point 100 metres west thereof, and further, That parking be prohibited on the south side of Heritage Drive from Lorraine Avenue to a point 169 metres east thereof, and further, That parking be prohibited on the south side of Heritage Drive from a point 83 metres west of Indian Road to a point 128 metres west thereof, and further, That parking be prohibited on the south side of Heritage Drive from a point 37 metres west of Indian Road to a point 24 metres east of Indian Road, and further, That parking be prohibited on the south side of Heritage Drive from a point 52 metres east of Indian Road to Ottawa Street North, and further, That the Uniform Traffic By-law be amended accordingly. AUGUST 22, 1994 COUNCIL MINUTES -378- CITY OF KITCHENER COUNCIL MINUTES AUGUST 22, 1994 - 378- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That the 1994-95 Action Plan regarding school pedestrian safety, as presented to the Public Works and Transportation Committee on August 15, 1994, be accepted. That parking be prohibited on the west side of Peter Street from Church Street to St. George Street, and further, That the Uniform Traffic By-law be amended accordingly. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - CONT'D 8. That parking be prohibited on the odd numbered side of Westview Crescent from Rolling Meadows Drive to Westheights Drive, and further, That the Uniform Traffic By-law be amended accordingly. 9. That 6 inch green bands be painted on those columns in the City Hall parking garage which are located adjacent to outside walls, and further, That the use of glass beads in the paint to increase reflectivity be left to the discretion of City staff. 10. That the hours of operation for the City Hall parking garage be extended to 2:00 a.m. on Thursdays, Fridays and Saturdays. 11. That Council for the City of Kitchener authorize the expenditure of $70,000.00 in additional monies from the Development Charge (Lot Levy) fund in order to cover the cost of the Borden Greenway Culvert replacement under Westmount Road at the Borden Greenway. 12. That the City provide both loose and bagged leaf collection service at the roadside, and further, That residents be permitted to rake leaves to the roadside for collection by City street sweepers only during designated collection weeks, and further, That raking to the roadside not be permitted on any Regional road, and further, That each household receive two separate Saturday collections of bagged leaves and three separate one-week collection periods for loose leaves at the roadside. COUNCIL MINUTES AUGUST 22, 1994 -379 - CITY OF KITCHENER COMMITTEE OF THE WHOLE 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 .Appointment - North Waterloo Housinq Authority It was resolved: "That Sybil Frenette continue as the City' representative on the North Waterloo Housing Authority for a term to expire October 31, 1995. And further, that this appointment become effective immediately." 2. Final Release It was resolved: "That the Mayor and Clerk are hereby authorized to execute a full and final release in a form satisfactory to the City Solicitor in favour of R.J. Brunn Haulage a division of Brunn Holding Inc. in consideration of its contribution in the settlement of an action as between Dorothy Looker and The Corporation of the City of Kitchener." 3. Banner Requests It was resolved: "That in conjunction with 'Unity In Diversity Week' to be proclaimed November 6 - 13, 1994, the Local Spiritual Assembly of the Baha'is of Kitchener be granted permission to have a banner erected on King Street at Francis Street from Monday, October 24, 1994 to Sunday, November 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. 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." - and - "That in conjunction with an adult volunteer recruitment campaign to be held in Kitchener in September, Scouts Canada National Council be granted permission to have a banner erected on King Street at Rockway Gardens from Tuesday, September 6, 1994 to Sunday, September 25, 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." COUNCIL MINUTES AUGUST 22, 1994 -380 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 4. Minutes of Settlement It was resolved: "That the City Solicitor be authorized to execute the Minutes of Settlement with respect to the Assessment Appeal by Counsel Management Services Inc. and 651039 Ontario Limited of the realty assessment for the property municipally known as 1005 Ottawa Street North for the taxation year 1991 ." 5. Licenses It was resolved: "That the Bell Employees Fund for Community Services be granted permission to operate a refreshment stand, on their own property at 800 King Street West during the Oktoberfest Parade on October 10, 1994, provided that the necessary Licence and Health and Fire approvals are obtained." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the K-W Sertoma Speed Skating Club to sell Break-Open Tickets in association with their bingos held at the Transylvania Club on Wednesday evenings." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Kitchener Oktoberfest Lions Club of Kitchener to conduct a Monte Carlo event at the Dugout, 15 Scott Street, Kitchener on October 28-30, 1994, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Kitchener Oktoberfest Lions Club of Kitchener to conduct a Monte Carlo event at the Dugout, 15 Scott Street, Kitchener on November 25-27, 1994, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Kitchener Oktoberfest Lions Club of Kitchener to conduct a Monte Carlo event at the Dugout, 15 Scott Street, Kitchener on December 9-11, 1994, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Kitchener Waterloo Oktoberfest Inc. to conduct a Monte Carlo event at the Valhalla Inn, 105 King Street East, Kitchener on October 7-15, 1994, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Kitchener Waterloo Oktoberfest Inc. to conduct a Monte Carlo event at Bingeman Park, 1380 Victoria Street North, Kitchener on October 7-15, 1994, inclusive." - and - COUNCIL MINUTES AUGUST 22, 1994 -381 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 5. Licenses (Cont'd) "That the City of Kitchener has no objection to a Lottery Licence being issued to the Kitchener Waterloo Gymnastics Club to conduct a Raffle Lottery at their office on 805 Victoria Street South, Kitchener, on December 10, 1994." 6. Park Licence Aqreement It was resolved: "That the Mayor and Clerk be authorized to execute a Licence Agreement with Ontario Hydro relating to lands in the Vanier Community and the Idlewood and Centreville-Chicopee Communities, more particularly described as Part of Lots 51, 54 and 56, German Company Tract, Upper Block, City of Kitchener." 7.Tenders Dealt with under delegations. 8.Charqes for Supplementary Assessments It was resolved: "That we endorse the July 13, 1994 resolution of the City of Mississauga objecting to the proposed service charges to municipalities for supplementary assessments and changes to the Assessment Rolls for omissions. And, that no action be taken on the request for a financial contribution for legal proceedings. Further, that all future municipal resolutions objecting to the Province's proposed charges be referred to the Association of Canadian Municipalities." 9. Rail Service Issues Workshop -Via North Mainline Dealt with under delegations. 10. Variance to the Municipal Code (Fence) - BRIDGEPORT NORTH WARD AND WEST WARDS It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of August 9, 1994, recommending approval of Submission No. F 6/94 - Gary & Janet McNeil & No. F 7/94 - Michael & Tracy LeBar - Be Ratified and Confirmed." 11. Bill 119 - The Tobacco Control Act, 1994 Council was in receipt of a copy of the Region of Waterloo's draft Tobacco By-law together with comments from Mr. James Shivas, Director of Legal Services, dated August 15, 1994. Councillor M. Wagner stressed that the Tobacco By-law is a draft document at this stage of the process, and will not be considered for enactment until there has been discussion by municipal councils in the Region and an opportunity for public comment. He referred to the COUNCIL MINUTES AUGUST 22, 1994 -381 - CITY OF KITCHENER COUNCIL MINUTES AUGUST 22, 1994 - 382- CITY OF KITCHENER COUNCIL MINUTES AUGUST 22, 1994 - 382- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 11 .Bill 119 - The Tobacco Control Act, 1994 memo of Mr. J. Shivas, noting that the City now has the authority to restrict the sale of tobacco and suggested that this issue could be dealt Region-wide under a single by-law which would insure uniformity. Councillor Wagner referred to three areas where members of the Regional Tobacco By-law Review were divided. The first relates to designating 50% of a dining area for smoking, with restaurants having fewer than 50 seats being exempt from this provision. He also noted that, at present, the owner of a bar may designate up to 100% of the bar area as a smoking area. The second relates to the designation of municipally owned buildings as smoke free, except when rented for liquor licenced events. A third relates to the discretion which would be exercised by the renter of a publicly owned facility relative to the designating of smoking and smoke free areas. Councillor Wagner advised that an additional area of debate involved the prohibition of smoking in outdoor service lines, such as those involving movie theatres. Councillor G. Lorentz offered the opinion that further input should be obtained from the public and business owners before proceeding any further. Councillor J. Ziegler pointed out that there was public representation at the Regional level, and noted that the Regional by-law would not apply unless it is adopted by the City. He suggested that obtaining further public input would be appropriate before the City considers enacting the by-law. Councillor M. Wagner added that the process of obtaining comments from municipal councils is taking place parallel to the public input process. He also offered the opinion that the draft by-law does not go far enough, and that the required 50% no smoking area should be applied more uniformly to include bars, publicly owned rental facilities and restaurants with fewer than 50 seats. He also expressed concern over issues relating to enforcement, the provision of smoke-free areas in very small facilities, and how the legislation would be implemented relative to City owned facilities. Councillor Wagner suggested that the public wants this type of legislation on the basis that this is a health issue. It was resolved: "That Kitchener City Council endorse the draft Tobacco By-law developed by the Regional Tobacco By- law Review and dated June, 1994 with the following change, namely: that the 50% rule relative to the designation of smoke free areas also apply to bars, publicly owned rental facilities and restaurants having fewer than 50 seats." Discussion took place concerning the impact of Bill 119 on school facilities. Councillor G. Lorentz indicated that he has a particular concern as to how the legislation relates to outdoor areas, as students may move to adjacent City property or private property to smoke, thereby tranferring rather than resolving the problem. He suggested that a meeting prior to the new school year involving Mr. T. McKay and school board representatives may be appropriate. Mr. McKay replied that, in his opinion, such a meeting would not solve the problem. Councillor J. Ziegler suggested that specific problems should be brought to the attention of Council as they arise, and Councillor B. Stortz noted that a larger area of concern involves enforcement, which at present is antiquated. It was resolved: "That the City of Kitchener request that the Region of Waterloo consider passing a single Tobacco By-law affecting all Regional municipalities, rather than having each municipality enact separate legislation, and further, COUNCIL MINUTES AUGUST 22, 1994 - 383- CITY OF KITCHENER COUNCIL MINUTES AUGUST 22, 1994 - 383- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That the above be brought forward by the Kitchener representatives on Regional Council." COUNCIL MINUTES AUGUST 22, 1994 -383 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 12.Cit¥ of Toronto - Rwanda Fund Council was in receipt of a letter from the City of Toronto outlining their initiatives to assist the Rwanda relief effort and requesting that all municipalities consider similar action. Councillor G. Leadston put forward a motion that no action be taken on the request. Mayor D.V. Cardillo offered the opinion that a $1,000.00 contribution would show concern in this area. Councillor M. Yantzi pointed out that the City has a policy of not contributing to causes outside of its jurisdiction, though he would personally encourage citizens to participate themselves. Councillor Leadston clarified that the motion of no action does not suggest the issue is not a serious one, but rather that this is a matter of Federal jurisdiction. It was resolved: "That no action be taken on the request of the City of Toronto that the municipality establish a Rwanda Fund to receive public donations." 13.Grant Application - National Pensioners and Senior Citizens Federation Council was in receipt of a letter from the Federation requesting the waiving of a $765.00 rental fee for the upper level of the Kitchener Farmers' Market relative to a proposed Pub Night. It was resolved: "That an in-kind facility rental grant in the amount of $765.00 be awarded to the National Pensioners and Senior Citizens Federation relative to a Pub Night to be held in the upper level of the Farmers' Market on September 14, 1994, as part of a 50th Anniversary Convention." 14. Refreshment Stand Licence - Circus Room Council was in receipt of a report and recommendation from Mrs. J. Koppeser, Manager of Licensing, dated August 19, 1994. It was resolved: "That the Circus Room be granted permission to operate a refreshment stand at Victoria Park on August 28, 1994, during the 'Summer in the City' music festival, provided that the necessary Licence and Health and Fire approvals are obtained." 15.Volunteer Action Centre - Monte Carlo Event Council was in receipt of a report and recommendation from Mrs. J. Koppeser, Manager of Licensing, dated August 19, 1994. COUNCIL MINUTES AUGUST 99, 1994 - 384- CITY OF KITCHENER COUNCIL MINUTES AUGUST 99, 1994 - 384- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Volunteer Action Centre to conduct a Monte Carlo event at the InterCity Night Club, 10 Water Street, Kitchener on October 5, 1994." 16. K-W Access-Ability - Monte Carlo Event Council was in receipt of a report and recommendation from Mrs. J. Koppeser, Manager of Licensing, dated August 19, 1994. COUNCIL MINUTES AUGUST 22, 1994 -384 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 16. K-W Access-Ability - Monte Carlo Event (Cont'd) Councillor M. Yantzi asked that the recommendation be amended so as to advise the organization sponsoring the event of their responsibility relative to controlling activities outside of the Granite Club which may disturb area residents. It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to K-W Access-Ability to conduct a Monte Carlo event at the Granite Club, 69 Agnes Street, Kitchener, on October 10-12, 1994, inclusive, and further, That the event organizers be reminded of their responsibility relative to the control of noise and other activities outside of the Granite Club which may have an impact on neighbourhood residents." 17.Applications for Cancellation, Refund, Reduction or Levy of Taxes Council was in receipt of a summary of applications and staff recommendations relative to the above. It was resolved: "That the applications attached hereto and forming part of these minutes relative to cancellation, reduction, refund or levy of taxes be disposed of as recommended therein." 18.Consent to Dismissal of Action - Safety-Kleen Canada Inc. The following was discussed by City Council at an In-Camera meeting held earlier this date. It was resolved: "That the City Solicitor be authorized to execute a consent to the dismissal, without costs, of an action brought by Safety-Kleen Canada Inc. against the Corporation of the City of Kitchener, the Township of Woolwich and the Regional Municipality of Waterloo." AUGUST 22, 1994 COUNCIL MINUTES - 385- CITY OF KITCHENER COUNCIL MINUTES AUGUST 22, 1994 - 385- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL