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HomeMy WebLinkAboutCouncil Minutes - 1994-07-11COU NCIL\1994-07-11 COUNCIL MINUTES JULY 11, 1994 CITY OF KITCHENER The Council of the Corporation of the City of Kitchener met this date with all members present. The minutes of the June 27, 1994 Council meeting were then considered and Councillor B. Stortz requested that the minutes be corrected with respect to his comments about the Coronet on page 306. He asked that the second sentence of the paragraph below the motion on page 306 be amended so as to change the word "retaining" to "transferring". Council agreed to this amendment. On motion by Councillor M. Wagner, the minutes of the regular meeting held on June 27, 1994, as mailed to the Mayor and Councillors, and amended this date, were accepted. A. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (1) Letter dated June 16, 1994 from the Honourable Gilles Pouliot, Minister of Transportation, regarding the anticipated reduction to the 1994 Municipal Road Grants. (2) Letter from the Village of Wyoming endorsing Council's resolution of March 28, 1994 regarding proposed elimination of VIA Rail service in the Toronto-Kitchener-Sarnia route. Mr. L. Gordon, Manager of Purchasing, attended to answer any questions relative to the tenders listed on the Committee of the Whole agenda of this date. Councillor T. Galloway questioned Tender T94-37 for Gas Pipeline Construction as to why B.F. Contracting Limited was not qualified. Mr. L. Gordon advised that B.F. Contracting was not aware of the tender requirement for two crews that was part of the specifications and accordingly, prepared their bid on the basis of one crew. Mr. T. McKay informed Council that he has requested staff to break the tender up next year in order that smaller contractors would have an opportunity to bid for the work. Councillor G. Leadston questioned Quotation Q94-149 for the supply of replacement lamps for City Hall. Mr. L. Gordon confirmed that the bulbs were for the entire building and that staff had found it necessary to begin replacing bulbs shortly after the opening of City Hall. Moved by Councillor B. Stortz Seconded by Councillor C. Zehr That tender T94-49, Remedial Work to the Market Square and Duke Street Garages, be awarded to Delso Restoration Limited, Mississauga, Ontario at their tendered price of $169,510., plus G.S.T. - and - That quotation Q94-149, Lamps, be awarded to Guillevin International, Kitchener at their quoted price of $55,304.26, plus G.S.T. and P.S.T. - and - That tender T94-37, Gas Pipeline Construction, be awarded to Cliffside Utility Contractors, Scarborough, Ontario at their tendered price of $1,179,421.41 (all taxes included). Carried. Mr. Gary Carmichael appeared as a delegation in regard to clause 6 of the Community Services Committee report of this date wherein it was recommended that no action be taken on the request for a cash grant in the amount of $800. Mr. Carmichael apologized for misunderstanding the time at which the Community Services Committee considered his request. Councillor M. Yantzi questioned why Mr. Carmichael thought that the City of Kitchener taxpayers should subsidize his educational costs abroad. Mr. Carmichael advised that his trip and work would be a valuable project involving international exchange that would develop bonds among peoples and provide new perspectives with all those that he would have contact with. He indicated that he intends to immerse himself in the local culture, co-lead activities, produce slides and journals and promote conflict resolution. JULY 11, 1994 COUNCIL MINUTES - 333- CITY OF KITCHENER Councillor G. Lorentz questioned if Mr. Carmichael had approached the Federal and Provincial governments for fundraising assistance and he advised that he had been referred elsewhere. Further, he stated that the City of Waterloo had decided his funding request was not within their grant consideration criteria. In response to Councillor G. Leadston, he advised that the University had provided some financial assistance and Councillor Leadston suggested that Mr. Carmichael make enquiries with the office of Mr. A. Telegdi, M.P. for Waterloo. Moved by Councillor G. Lorentz Seconded by Councillor C. Zehr That clause 6 of the Community Services Committee report of this date be adopted. Carried. Mayor D.V. Cardillo indicated that a delegation was in attendance regarding clause 1 of the report of the Community Services Committee of this date. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola That clause 1 of the Community Services Committee report of this date be adopted. Carried. The following delegations were in attendance respecting the recommendation listed on the Committee of the Whole agenda of this date pertaining to Committee of Adjustment Submissions: Mr. Brian Thwaite, Mrs. Robin Schumacher and Mr. M. Cushing. Moved by Councillor B. Stortz Seconded by Councillor M. Wagner That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of June 28, 1994, recommending approval of Submission No.'s - F 2/94 - Brian Thwaite, F 3/94 - Robin & Brad Schumacher & F 4/94 - Mike & Beth Ann Cushing - Be Ratified and Confirmed. Carried. Councillor T. Galloway commented that Committee of Adjustment applicants were under the impression that they must attend the Council meeting regarding the recommendation that Council ratify the Committee's decision. Mr. J. Wallace, City Solicitor, advised that his only advice would be that it would be wise for applicants to be in attendance at the Council meeting should the decision of the Committee of Adjustment be challenged either by nearby property owners or by members of Council. Mr. Warren Misener attended the meeting in support of his letter dated July 4, 1994 to Ms. C. Ladd requesting approval of temporary occupancy of 174/176 Wellington Street. Moved by Councillor G. Lorentz Seconded by Councillor M. Wagner That enforcement of the City's Zoning By-law be waived with respect to a request for temporary occupancy for a multiple dwelling at 174/176 Wellington Street and temporary occupancy be approved subject to the owner vacating the premises in the event By-law 94-1 (City's Stage 6 Comprehensive Zoning By-law) is not approved by the Ontario Municipal Board as it affects this property. That in the event of failure to vacate, the City's Municipal Enforcement Officer be directed to commence notice of action to remove the illegal use and that any work done to the premises is at the sole risk and responsibility of the owner in the event losses are incurred as a result of the final disposition of By-law 94-1. Carried. Ms. Eileen Pitchford appeared as a delegation in respect to clauses 5 and 6 of the Finance and Administration Committee report of this date respecting Bingo Prize Boards. The Committee had recommended no action on a request of the Concourse Bingo Charity Association for permission to raise JULY 11, 1994 COUNCIL MINUTES - 334- CITY OF KITCHENER the maximum prize payout on any one bingo event to $3,500. Ms. Pitchford asked that Council approve raising the prize board on a seven day a week basis. She stated that the Association had no other option but to compete with the prize boards available in other communities, otherwise the Concourse Bingo would be in jeopardy. Councillor C. Zehr questioned if raising the local prize board would not take away the amount of money that charities need to receive from bingo operations. Ms. Pitchford advised that the charities have already lost 40% of their regular customers and in real numbers this represents approximately 40 out of 100 people. Ms. Judi Langford, appeared as a delegation on behalf of the Region of Waterloo Swim Club and apologized for not attending the Finance and Administration Committee meeting when it considered requests for increased Bingo Prize Boards. She pointed out that she would not be appearing before Council if Waterloo had not changed its prize board limits which resulted in Kitchener operators being unable to compete with their competition. Ms. Langford stated that her purpose was to seek a way of returning to the previous status quo on prize boards. Further, she noted that the charities depend on both government grants and bingos and if the charities are unable to increase their prizes and subsequently lose revenue, then the charities would likely be looking for increased government assistance to make up revenue shortfalls. In response to Councillor M. Wagner, Ms. Langford advised that attendance at her bingo had declined by approximately 40-50 participants since the Mirage opened. Ms. Langford noted that patrons do favour an increased prize board and indicated that her request was for a $3,500 prize board and no higher. Councillor B. Stortz questioned if Ms. Langford's charity could afford another $500 out of revenues and she advised that patrons are willing to pay a higher price for a higher prize board. Further, she indicated that she would be happy just to have parity with the City of Waterloo. Councillor G. Leadston stated that he was not prepared to change the prize board until a meeting could be convened and an agreement sought among municipalities on the prize board limits. Councillor C. Zehr stated that it was his hope to have this matter considered by the Finance and Administration Committee at its meeting of September 19 with consideration by Council on September 26. Councillor B. Stortz commented that the charities must be brought into the discussion of this issue. Moved by Councillor C. Zehr Seconded by Councillor B. Stortz That clauses 5 and 6 of the report of the Finance and Administration Committee of this date be amended to provide in clause 5 that no action be taken at this time and to provide in clause 6 reference also to Mayor D.V. Cardillo and that clauses 5 and 6, as amended, be adopted. Carried. Mr. Alan Rudow appeared as a delegation on behalf of a number of Cedarhill neighbours and nine business owners on King Street between Eby and Cedar Streets in regard to a former Arcade and Pool Hall at 323 King Street East being renovated in preparation for re-opening as a licensed Sports Bar. Mr. Rudow presented a submission and provided a copy to the Clerk. He noted that subsequent to making enquiries with the City, renovations were carried on without a building permit and a stop work order was issued until a building permit was issued. Mr. Rudow advised that after making enquiries with the L.L.B.O. in Toronto, it was found that the Liquor Licence Application had been approved on May 1, 1994 following a required newspaper advertisement which appeared on November 17, 1993 and erection of a placard in the window at 323 King Street East from November 17 to December 17, 1993. Mr. Rudow advised that he had signed statements from numerous individuals, who passed the property regularly who maintain the required placard relative to the application to the L.L.B.O. was not displayed in any obvious manner at any time at 323 King Street East. He advised that he has contacted Mr. W. Ferguson, M.P.P., who is making enquiries with the appropriate ministry regarding an appeal of the decision respecting this matter. Mr. Rudow also advised that he was concerned about the sale of an adjacent parcel of land from the City to the owner of 323 King Street East and that the Planning Department was not requiring a site plan for the property redevelopment but only requiring that a sketch be submitted. He stated that drainage, lighting and access were ongoing problems that should be the subject of site plan application and JULY 11, 1994 COUNCIL MINUTES - 335- CITY OF KITCHENER consideration. In view of the appeal to the L.L.B.O., Mr. Rudow requested that the City postpone the sale of Part Lot 15, Plan 364 to the owner of 323 King Street East, require a formal site plan be filed and if an appeal to the L.L.B.O. is successful, that the City not proceed with the sale of Part Lot 15 and instead develop the land as a small parkette. Mr. T. McCabe commented on approval requirements and noted that legislation does not allow staff to require site plan approval. Staff have approved a parking plan subject to Regional approval of access. Councillor M. Yantzi questioned if closing of the sale transaction could be delayed so as to allow for investigation of lighting, fencing and drainage issues raised by the delegation. Mr. J. Wallace advised that he did not have the specifics of the offer in question at hand but noted that scheduled closing depends on conditions in the offer of Purchase and Sale. In response to Councillor G. Leadston, Mr. J. Wallace advised that it would appear matters affecting the L.L.B.O. are being investigated by others. It was suggested that staff meet with the property owner to resolve issues raised this date. Moved by Councillor M. Yantzi Seconded by Councillor M. Wagner That Mr. T. McCabe be requested to meet with Mr. Clinkett to deal with lighting, fencing and drainage concerns expressed by neighbours and business operators located near to a proposed Sports Bar at 323 King Street East. And further, that Mr. J. Wallace, City Solicitor, participate in the meeting along with Mr. di Batista and consideration be given to a delay in closing the sale of Part Lot 15, Plan 364. Carried. Mr. Dave Peel, Vice President of Oil Recycle Operations for Safety-Kleen, appeared as a delegation to comment on an article which appeared in the K-W Record on Saturday, July 9, 1994 that he considered to be very misleading. A letter dated July 11, 1994 from Mr. Peel was distributed prior to the Council meeting. Mr. Peel stated that Safety-Kleen has always been receptive to a co-operative approach with local government and noted that legal action would be the last option they would ever pursue. He indicated that since 1992 the Company had spent $130,000 to resolve odour concerns even though there was no proof that Safety-Kleen was responsible for the problems. He stated that they fully support testing programs and would have no interest in utilizing the sewer pipe line if there was an impact on public health. Mr. Peel noted that solicitors for Safety-Kleen did prepare an injunction against Council's actions but suspended it based on the City's commitment to work with them to return to normal operations as quickly as possible. Councillor G. Lorentz questioned the health issue and Mr. Peel advised that it had been decided to put study in this regard under the direction of the Region of Waterloo. In response to Councillor J. Ziegler, Mr. Peel advised that the issue of odour needs to be evaluated. Councillor T. Galloway questioned what predicated the legal action taken by Safety-Kleen and Mr. Peel advised that the temporary injunction was the result of fear that the Company could not put alternative plans in place to replace the pipeline which was originally installed to avoid the need for trucking waste and to increase productivity. He indicated that subsequent to the Council meeting it was the view of the Company that there was a willingness on the part of the City to assist in resolving issues and thereby allow the Company to address factors causing any problem. In response to a question as to whether or not any variations from day-to-day in the mix of chemicals might be causing the problem, Mr. Peel stated that this was unlikely because of the volume of retention before discharge. Councillor G. Leadston commented that it was important for Safety-Kleen to communicate with its employees to clarify any concerns and he suggested more informative communication be undertaken with their employees. Mr. Chris Coghlan, an employee of Safety-Kleen, appeared as a delegation to express concern with regard to the discussion that took place at the June 27 Council meeting. He noted that he had particular expertise in health and safety issues and it was his view the Company's operations do not pose any risk. He stated that the employees care about the quality of air and water in their community and about health and safety issues and that Safety-Kleen would not jeopardize their environment. Mr. Goghlan stated that he found it hard to understand how Safety-Kleen has become the target over the odour issue before the facts are known. Finally he stated that he agrees with the consultant investigating the process. Ms. Beth Delion, an employee of Safety-Kleen stated that it was her view City Council did not have all the facts when the June 27 decision was made. She stated that there have been enormous improvements in JULY 11, 1994 COUNCIL MINUTES - 336- CITY OF KITCHENER the plant since she began working there and that the Company does care about the environment and the health of its workers. Ms. Delion suggested that people were only getting part of the stow through the newspaper and that they were not aware generally of the positive things the Company has done. Mr. Terry Kum advised that he had been employed for 14 years by Safety-Kleen and was a resident of Kitchener-Waterloo. Mr. Kum stated that health and safety were important top priority issues for himself and the Company and that every business decision involving these issues was carried out with responsibility. Mr. Kum stated that Safety-Kleen has a clean operation and that the Company has a good environmental health record. For the record, Mayor D.V. Cardillo referred to a number of letters pertaining to Safety-Kleen received from Ellie Chaves, Annette Kenning, Tracy Bast, John Brubacher, Beth Delion and Tom Chan. Ms. Erika Begamann appeared as a delegation and read a letter in response to an article in the newspaper "Jobs are at Stake". She stated that rather than jobs, health was at stake and asked that all parties live up to their responsibilities to find solutions to the odour problem. She noted that previously affected residents were now free of sewer gas since access to the sewer was denied as of June 30. Ms. Begamann commented that there should be no hostility among the parties on opposite sides of this issue and recommended that some should become members of the Regional Steering Committee to consider this matter. Mr. Bill Boettinger stated that he was not disputing Safety-Kleen's record in improving its operation, but that he was concerned with what the Company was doing to lives of residents being affected. He also stated that he was concerned about the issue of an injunction which he viewed was bouncing around on an on/off again basis. Mr. Boettinger affirmed that his property is no longer affected by any gas smells and the air is clean again. Also he referred to the $15,000 hookup charge that Safety-Kleen was charged to hookup to the sewer line in comparison to the $4,400 charge he was assessed for hookup of his residence and questioned the fairness of this ratio given the properties involved and the fact that Safety- Kleen pumps discharge at the rate of 38 litres per second into the sewer system. Further, he noted that in 1991 Safety-Kleen incurred charges of $421,000 to truck its waste and questioned why the Company was not utilizing these operating savings to solve the odour problem. Mr. Boettinger commented that for 2 1/2 years he had been meeting with all parties concerned with this matter but there had been no successful conclusion. He suggested that affected residents should be entitled to sue Safety-Kleen for the impact that the company's operations have made on them rather than Safety-Kleen suing the City. In response to Councillor T. Galloway, Mr. Boettinger advised that the June 30 cutoff has brought relief to residents as it brought about an immediate change in air quality. Ms. Deborah Bennett appeared as a delegation to express concerns regarding the Safety-Kleen operations and comment on a letter to the editor of the K-W Record. She stated that the author of the letter needs a reality check as the health of residents was at stake based on toxic chemicals being pumped and on this basis believe Safety-Kleen was in contravention of the Environmental Act. She asked that the health issues relative to this matter be addressed immediately and that update be obtained from the Health Unit on what has been accomplished to date. Mr. Robert Milligan appeared as a delegation and advised that he was an environmentalist who was volunteering his time to this issue. He commented that it was his view that residents began to get action on this issue after the matter was discussed at the City's Environmental Committee. He then recounted the history of his involvement in this issue and stated that it was his opinion that the Region of Waterloo Laboratory was doing shoddy work in its analysis of this problem. He commented that no matter what, material with an offensive odour was still a contravention of the Regional By-law and he questioned the ability of regulatory officials to investigate this problem. Councillor C. Zehr commented that the process to resolve this matter was proceeding and he thanked Safety-Kleen Officials and their employees for the perspective they have provided. However, he noted that with the problems presented by area residents the City had reached the conclusion that it had to do something quickly in this matter. Councillor Zehr indicated that the Committee make up to consider the issues would fall under the jurisdiction of the Region, that finalization of the choosing of consultants was near and that the City was fully supportive of all these initiatives. Councillor G. Leadston concurred with the remarks by Councillor Zehr and noted that he was supportive of the common goal to find a solution to the problem affecting residents. Councillor T. Galloway referred to the request made by the City for a standing at the Hearing to be held by the Environmental Assessment Board and questioned the status of the request. Mr. J. Wallace JULY 11, 1994 COUNCIL MINUTES - 337- CITY OF KITCHENER advised that he has made a submission to the Environmental Assessment Board and that he would be providing an additional submission following the results of a meeting with Mr. D. Suzuki and that he had no other information with respect to the request by Kitchener for a standing at the Hearing. 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. Council was in receipt of a report from Mr. B. Stanley relative to clause 9 in accordance with a request made at the meeting of the Planning and Economic Development Committee. On motion by Councillor C. Weylie, seconded by Councillor J. Ziegler, it was agreed that clause 9 of the report be amended to incorporate the additional comments outlined in Mr. Stanley's memorandum. The report was then put to a vote. Voted on clause by clause. Clause 9 - Carried, as amended. Balance of report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola That the report of the Community Services Committee of this date be adopted. On motion by Councillor J. Ziegler seconded by Councillor J. Smola, it was agreed to amend clause 3 of the report to provide that the in-kind services grant for the Kitchener-Waterloo Symphony Volunteer Committee be on a one-time basis only. Clause 5 of the report was questioned on the basis that some additional information on funding source was to be provided by Mr. J. Gazzola. Mr. Gazzola advised that the project had a budget over-run and these extra costs were a miscellaneous expenditure that no one had control over and he had intended to charge the additional cost to an account designated for over-run purposes. On motion by Councillor C. Zehr, seconded by Councillor J. Smola, it was agreed to amend clause 5 to charge the additional cost to an account designated for over-run purposes. The report was then put to a vote. Clauses 1 and 6 - Dealt with under Delegations and Carried. Clauses 3 & 5 - Carried, as amended. Clause 7 - A recorded vote was requested. In favour: Mayor D.V. Cardillo and Councillors J. Ziegler, T. Galloway, C. Weylie, G. Leadston, J. Smola, C. Zehr, G. Lorentz and M. Wagner. Contra: Councillors M. Yantzi and B. Stortz. Motion Carried. Balance of report - Carried. Moved by Councillor C. Zehr Seconded by Councillor G. Lorentz That the report of the Finance and Administration Committee of this date be adopted. JULY 11, 1994 COUNCIL MINUTES - 338- CITY OF KITCHENER Voted on clause by clause. Clauses 5 and 6 - Dealt with under Delegations and Carried, as amended. Balance of report - Carried. Moved by Councillor C. Zehr Seconded by Councillor G. Lorentz That the report of the Finance and Administration Committee (July 11, 1994) be adopted. Councillor C. Zehr commented on the budget process for 1995 to date and pointed out that a 4.91% effective change in the levy had been reduced to 1.46% and it was his view a target/goal of a zero percent increase in the mill rate was realistic. Councillor G. Leadston commented that he felt the goal was attainable. The report was then put to a vote and 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 C. Zehr referred to the matter of costs in clause #4 and Mr. T. McKay stated that the $50 fee for minor events was withdrawn from the report. On motion by Councillor T. Galloway, seconded by Councillor C. Zehr, it was agreed to amend clause 4 so as to specifically refer to the fact that no fees would be charged for minor events. Councillor G. Lorentz advised that staff have requested that clause 7 be deferred. The report was then put to a vote. Voted on clause by clause. Clause 4 - Carried, as amended. Clause 7 - Action deferred and referred to the August 22, 1994 City Council meeting for consideration. Balance of report - Carried. 6. Moved by Councillor J. Ziegler Seconded by Councillor T. Galloway That the report of the Environmental Committee of this date be adopted. In reference to clause 1, Councillor C. Zehr questioned if additional criteria should be included to provide for a distance separation line of composters and digesters from the building line and any neighbouring patios or decks. Councillor J. Ziegler replied that the property line has to be the basis upon which proper safeguards would be enforced. Council was advised that in clause 3 reference to section 40 development agreement should in fact refer to section 41 and on motion by Councillor J. Ziegler seconded by Councillor T. Galloway, this amendment was agreed to. The report was then put to a vote. Voted on clause by clause. Clause 2 Action deferred and referred back Environmental Committee for further consideration. to the JULY 11, 1994 COUNCIL MINUTES - 339- CITY OF KITCHENER Clause 3 - Carried, as amended. Balance of report - Carried. Moved by Councillor M. Wagner Seconded by Councillor T. Galloway That the report of the Local Architectural Conservation Advisory Committee of this date be adopted. Carried. It was requested that Mr. T. McKay be appointed as a voting delegate to Association of Municipalities of Ontario Annual Conference. Moved by Councillor C. Zehr Seconded by Councillor G. Leadston That Mr. T. McKay be appointed as a voting delegate for the City of Kitchener at the Annual Conference of the Association of Municipalities of Ontario, August 21-24, 1994 Carried.. Mr. T. McKay reported to Council on the information obtained with respect to the possibility of buying new natural gas powered transit buses rather than diesel powered units. He advised that staff have found some used buses that are available from Quebec that would fill the gap during a delay in any ordering change with respect to new transit buses. Mr. McKay stated that preliminary indication from New Flyer Industries was that they wished to deliver the 25 diesel buses originally contracted for commencing during the month of December. He noted that costs in the area of $1,000,000 to $2,000,000 to change the order had been suggested and staff intend to approach the President of New Flyer Industries directly in this matter. If these efforts fail another approach would be to accept delivery and attempt to resell the diesel buses and re-order natural gas vehicles. Councillor C. Zehr advised that members of Council were in receipt of a letter dated July 7, 1994 from Mr. J. Gazzola dealing with the issue of Gross Receipts Tax and questioned if there are any further steps that the City might take. Moved by Councillor C. Zehr Seconded by Councillor B. Stortz That the City of Kitchener request the Province of Ontario to consider an amendment to the Municipal Act in order to allow for an equalized Gross Receipts Tax on all companies in the telecommunications business. And further, that a copy of this resolution be sent to the Association of Municipalities of Ontario for consideration at its 1994 Annual Conference. Carried. Councillor J. Ziegler advised that he was in receipt of the Region of Waterloo's draft model Tobacco By- law for municipalities within Waterloo Region. He requested that it be circulated and placed on the Community Services Committee agenda for its August 15 meeting and that specifically his concerns with respect to the exceptions provided for eating establishments in the draft be addressed. On the issue of smoking, Councillor G. Lorentz pointed out that the School Boards would be instituting a No Smoking Policy on school property in September and pointed out that this change in policy would have ramifications for City property adjacent to schools. He advised that he had previously asked Mr. J. Shivas for a report on this subject and requested that such report be prepared and circulated to the Community Services Committee for consideration at the same time as the Committee considers the Regional draft model Tobacco By-law at its August 15 meeting. Councillor G. Lorentz referred to a memorandum received from Mr. T. McKay respecting home sprinkling fire prevention systems and advised that he would like to receive a formal comment from Fire Chief J. JULY 11, 1994 COUNCIL MINUTES - 340- CITY OF KITCHENER Hancock with respect to the number of lives lost where home sprinklers were involved. Councillor T. Galloway questioned what deadlines would apply should Council wish a referendum question to be placed on the November 1994 municipal election ballot. Mr. L.F. Parkhouse advised that an advertising requirement must be completed by a certain time before the election, but that he did not have this information at hand and that Councillor Galloway would be advised by the City Clerk in this regard. Moved by Councillor J. Smola Seconded by Councillor G. Leadston That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (b) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (c) To further 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 (d) Being a by-law to close King Street to vehicular traffic on a temporary basis for social, recreational, community or athletic purposes (e) Being a by-law to exempt a certain lot from Part Lot Control - Lot 116, Registered Plan 1773 -Schueller Street (f) Being a by-law to exempt a certain lot from Part Lot Control - Lot 6, Registered Plan 896 - Lorne Avenue (g) Being a by-law to amend By-law 4830 known as the Zoning By-law - Monarch Construction Limited - Westforest Trail and Windward Place - No. 94/07AN/PMc (h) Being a by-law to provide for the widening of part of Waterloo Street as a public highway in the City of Kitchener (i) Being a by-law to provide for the establishing and laying out of part of Erinbrook Drive as a public highway in the City of Kitchener (J) Being a by-law to provide for the establishing and laying out of part of Tara Crescent as a public highway in the City of Kitchener (k) Being a by-law to provide for the establishing and laying out of part of Rittenhouse Road as a public highway in the City of Kitchener (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 M. Wagner as Chairman. On motion, the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the Chair. Moved by Councillor M. Wagner Seconded by Councillor B. Stortz JULY 11, 1994 COUNCIL MINUTES -341- CITY OF KITCHENER 10. 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. Moved by Councillor J. Smola Seconded by Councillor G. Leadston That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) (e) (f) (g) (h) (i) (J) (k) Carried. To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (By-law No. 94-121) 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. 94-122) To further 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. 94-123) Being a by-law to close King Street to vehicular traffic on a temporary basis for social, recreational, community or athletic purposes (By-law No. 94-124) Being a by-law to exempt a certain lot from Part Lot Control - Lot 116, Registered Plan 1773 -Schueller Street (By-law No. 94-125) Being a by-law to exempt a certain lot from Part Lot Control - Lot 6, Registered Plan 896 - Lorne Avenue (By-law No. 94-126) Being a by-law to amend By-law 4830 known as the Zoning By-law - Monarch Construction Limited - Westforest Trail and Windward Place - No.94/07/W/PMc (By-law No. 94-127) Being a by-law to provide for the widening of part of Waterloo Street as a public highway in the City of Kitchener (By-law No. 94-128) Being a by-law to provide for the establishing and laying out of part of Erinbrook Drive as a public highway in the City of Kitchener (By-law No. 94-129) Being a by-law to provide for the establishing and laying out of part of Tara Crescent as a public highway in the City of Kitchener (By-law No. 94-130) Being a by-law to provide for the establishing and laying out of part of Rittenhouse Road as JULY 11, 1994 COUNCIL MINUTES - 349- CITY OF KITCHENER a public highway in the City of Kitchener To confirm all actions and proceedings of the Council (By-law No. 94-131 ) (By-law No. 94-132) be taken as read a third time, be finally passed and numbered serially by the Clerk. Carried. On motion, the meeting adjourned. MAYOR CLERK PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - That the City of Kitchener request the Region of Waterloo to allow, at this time, a left in vehicular movement from Fischer-Hallman Road to the Glasgow Heights Plaza, 851 Fischer-Hallman Road, in addition to the right in, right out traffic design. That Zone Change Application 94//07/VV/PMc (Monarch Construction Limited) requesting a change in zoning from Restricted Residential (R2A) with special regulations to Semi-Restricted Residential (R2C) with special regulations according to By-law 4830 on Lots 25 to 62 inclusive, Registered Plan 1689, be approved in the form shown in the Proposed By-law attached dated May 30, 1994, as revised June 24, 1994, without 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 Legal Department and General Services and City Clerk's Department be instructed to proceed with the ordering of a survey, preparation of a By-law and necessary advertising in the local newspapers for the closing of a public roadway abutting Lots 41, 53, 65, 66 and Part Lots 54 and 64, Registered Plan Number 318. The title of the land is to be conveyed entirely to The Waterloo Region Roman Catholic Separate School Board, subject to the following conditions: That the survey be completed and registered prior to the completion of the lane closure. That the Owner pay all survey, advertising, legal and registration costs associated with the closure of the road. That the Owner pay a 'nominal' value for that part of Joyce Avenue to be closed to the City of Kitchener, which market value has been assessed at $50,000.00." That Subdivision Application 30T-93016 (Grand River Railway Company) be recommended to the Regional Municipality for Draft Approval subject to the following conditions: That the Subdivider enter into a City standard form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined in the attached plan of subdivision and that the following conditions shall be written therein. The Subdivider covenants and agrees: 51. That the final plan for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated 94 06 03, providing that minor amendments to said plan, acceptable to the General Manager of the Department of Planning and Development and not affecting the numbering of Lots of Blocks, may be permitted without an amendment to this agreement. 52. To submit a Lot Grading and Drainage Control Plan for the approval of the City's Commissioner of Public Works in consultation with the Department of Parks and Recreation, the Grand River Conservation Authority, the Ministry of Natural Resources and the Regional Municipality of Waterloo prior to the registration of the Plan of Subdivision. 53. To submit for the approval of the City's Commissioner of Public Works, in consultation with the Department of Parks and Recreation, the Grand River Conservation Authority, the Regional Municipality of Waterloo and the Ministry of Natural Resources a detailed engineering design for storm water management in accordance with the approved concept plan. Said engineering design shall include provision of any required erosion and siltation 4. (Cont'd) control features to be installed both during and after grading and construction stages. The Subdivider further agrees to implement all required measures as outlined in the approved final design. 54. To construct a 1.5 metre wide concrete sidewalk along the northerly side of Street One from the walkway/emergency access to Victoria Street South. COUNCIL MINUTES JULY 11, 1994 - 344 - CITY OF KITCHENER COUNCIL MINUTES JULY 11, 1994 - 344 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 55. That the street name within the Plan of Subdivision shall be approved by City Council prior to the registration of the Plan of Subdivision. 56. To convey to the City of Kitchener the following lands for the purposes stated therein, at no cost and free of encumbrance, concurrently with the registration of the plan of subdivision: a) Block 45 for park purposes; b) Block 46 for storm water management purposes; c) Block 47 for storm drainage; d) Block 50 for a 0.3 metre reserve. 57. To dedicate by plan registration the following lands as 'public highway': a) Block 48 for a road widening; b) Block 49 for a dual purpose emergency access/public walkway. 58. The Subdivider shall construct a 6.0 metre wide, dual purpose public walkway/emergency access within Block 49 to the satisfaction of the Department of Public Works prior to the issuance of any building permits within the plan of subdivision. This design shall include a chain and knockdown barrier to prevent through traffic to adjacent lands. The Subdivider further agrees to extend the emergency access through adjacent City owned lands to connect with Park Street to the satisfaction of the Departments of Public Works and Parks and Recreation prior to the issuance of any building permits. 59. That the conveyance of Block 45 to the City shall satisfy the 5 percent parkland dedication requirement for this plan of subdivision. 60. The Subdivider agrees to fill, compact and grade in both preliminary and finished form, topsoil and seed/sod Block 45, to the satisfaction of the General Manager of Parks and Recreation, to be completed in conjunction with the timing of grading of the subdivision, not to exceed two years from the registration of the subdivision plan or at an alternate time approved in writing by the General Manager of Parks and Recreation. 61. The Subdivider agrees to install a boundary identification system along the rear lot lines which abut Block 45 at such time required by and to the satisfaction of the General Manager of Parks and Recreation. Further, the Subdivider agrees to include a statement advising of the fencing and marking system requirement in all Offers to Purchase and Agreements of Purchase and Sale for the Lots affected by this clause. 62. That Block 44 is only to be used as a lot consolidation with adjoining lands legally described as Lots 31 to 35 inclusive, Part of Lot 36, Registered Plan 107, together with a right-or-way on Lot 46, Registered Plan 107 (William Knell & Company Ltd.) and title is to be consolidated. 4. (Cont'd) 63. That this plan of subdivision shall not be registered until such time as Zoning By-law 94-1 is in final force and effect. 64. To obtain from the Grand River Conservation Authority, a Fill, Construction and Alteration to Waterways Permit under Ontario Regulation 154/86. Such permit shall be obtained prior to JULY 11, 1994 COUNCIL MINUTES - 345- CITY OF KITCHENER COUNCIL MINUTES JULY 11, 1994 - 345- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL on-site grading, the installation of services and prior to the City's release of the Subdivision Plan for registration purposes. 65. To install a 1.8 metre high solid wood fence along the rear of Lots 1 to 6 inclusive and Lots 17 to 23 inclusive abutting Block 44. Said fencing shall be installed within the affected lots prior to the transfer of title of such lots to the first time occupants, or in the event of winter conditions, shall be installed by June 1, immediately following such transfer of title. 66. To install a 1.82 metre high chain ling fence along the common boundary of this plan of subdivision and those lands owned by CN Rail. 67. To construct, to the satisfaction of the Department of Public Works and Parks and Recreation, a 2.0 metre high earthen berm, having a slope of not more than 2.5 to 1 along the entire depth of Block 47. Such berm is to be developed at the Subdivider's cost in accordance with detailed plans/drawings which shall include special provisions for the location of the berm over the City's sewer easement, to be approved by the Department of Public Works and Parks and Recreation, prior to the issuance of any building permits within the plan of subdivision. Said berm shall be installed within Block 47 at the time of the development of the Storm Water Management area. It is the opinion of this Committee that the approval of this application is proper planning for the City. That Demolition Control Application DC 94/03/RM (New Apostolic Church) requesting approval for the demolition of a single detached dwelling located at 186 Victoria Street North legally described as Lot 25 of Reference Plan 58R-4442 be approved without conditions. It is the opinion of this Committee that the approval of this application is proper planning for the City. That enforcement of the City's Zoning By-law be waived with respect to a health office for a dietitian only to be operated as a home business at 52 Chicopee Terrace Drive and temporary occupancy be approved subject to the home business vacating the location in the event the City's Stage 7 Comprehensive Zoning By-law permitting health offices as home businesses is not approved by the City council or by the Ontario Municipal Board as it affects this property. Further, that as part of the Stage 7 By-law, the Department consider special parking regulations relative to this home business in view of the infrequent turnover of clients to this specific type of business, and further, That in the event of failure to vacate, the City's Municipal Enforcement Officer be directed to commence notice of action to remove the illegal use and that any work done to the premises is at the sole risk and responsibility of the owner in the event losses are incurred as a result of the final disposition of Stage 7 of the Comprehensive Zoning By-law. That the City Solicitor be authorized to waive the $50 per lot Development Agreement Release Fee for the Brembel Street Townhouses. That the City of Kitchener request the Region of Waterloo to grant an extension to September 30, 1994 for the submission of comments on the Proposed Regional Noise Policies. That Planning and Development Staff report PD 53~94 be forwarded to the Regional Municipality of Waterloo as Kitchener's response of the document 'Planning for a Sustainable Community, Regional Official Policies Plan', March 1994 (draft ROPP), with the following additional comments being added to the staff report: COUNCIL MINUTES JULY 11, 1994 - 346- CITY OF KITCHENER COUNCIL MINUTES JULY 11, 1994 - 346- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL (a) That Section 8.1.5 be amended to read, "The Region will co-ordinate a region-wide directory of businesses in co-operation with Area Municipalities to be used for economic promotion, and as a component of the Regional Economic Profile". (b) That Section 8.1 Economic Development Initiatives, be clarified to indicate that the Region will complement and not duplicate the economic development activities of Area Municipalities. (As Amended) COMMUNITY SERVICES COMMITTEE - That "Lucy's" be permitted to operate in the upper market at the Kitchener Farmers' Market up to October 31, 1994, subject to Fire Department approval. (Dealt with under Delegations and Carried). That we upgrade the present non-conforming system in the northeast corner of the upper market to bring it up to Code; and further, That upon completion of the upgrade, Mr. L. Parent's refreshment stand be relocated to the northeast corner of the upper market; and further That in order to recover the cost of upgrading and maintenance, we increase rental fees to those vendors who will benefit from the improvement. That we approve on a one-time basis only an in-kind services grant for the Kitchener-Waterloo Symphony Volunteer Committee, in the amount of $800, for their use of the City Hall Rotunda on September 9, 1994. (As Amended) That we approve the request of the Rockway Lawn Bowling Club's Women's Fours Team for a cash grant in the amount of $400 to assist with their cost of attending the National Championship in Moncton, New Brunswick, from August 2 to 6, 1994. That we install approximately 90 feet of fencing, including a gate, along the Biehn Drive frontage of the Storm Water Management pond located on Biehn Drive close to Mitten Place; with the source of the funds to be charged to an account designated for over-run purposes. (As Amended) That no action be taken on the request of Gary Carmichael for a cash grant in the amount of $800. (Dealt with under Delegations and Carried). That a letter be sent to the Mayor of London advising that the Council of the Corporation of the City of Kitchener agrees with their concerns with respect to Bill 120; however, this Council feels that it is too late to do anything to oppose the Bill at this time. FINANCE AND ADMINISTRATION COMMITTEE (JULY 4, 1994) - 1. That the Manager of Licensing be authorized to issue an Ice Cream Vehicle Driver Licence to Mr. JULY 11, 1994 COUNCIL MINUTES - 347- CITY OF KITCHENER COUNCIL MINUTES JULY 11, 1994 - 347 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Paul Morin. That the Manager of Licensing be authorized to issue an Ice Cream Vehicle Driver Licence to Mr. Glenn A. Kavelman. That the City of Kitchener, in conjunction with the Regional Municipality of Waterloo and the Cities of Cambridge, Guelph and Waterloo, support the application of the Canadian Institute of Technology for the Environment (a CTT organization) to bid for the location of a Regional office of the Ontario Centre for Environmental Technological Advancement to be located at the Regional Headquarters in Kitchener, and further, That should CITE be successful in its bid, the City provide financial support to CITE to a maximum of $10,000.00 per year for two years. That concerns raised by Mr. Michael Herz, Sutherland-Schultz Inc., relative to the controls and instrumentation tender for the 1994 addition/alteration to the Main Library, be referred back to the Kitchener Public Library Board, and that the Board be asked to hear his submission and act upon these concerns as quickly as possible, and further, That the Board advise the City of Kitchener of their consideration, as well as any subsequent actions taken by them, along with the reasons for such actions. That no action be taken at this time on the request of the Concourse Charity Bingo Association for permission to increase the maximum prize payout on any one bingo event to $3,500.00. (Dealt with under Delegations and Carried, as amended). That through Mayor D.V. Cardillo, Councillor C. Zehr and Mrs. J. Koppeser, the City convene a meeting of Council representatives and senior staff of municipalities in the Region to discuss the setting of bingo prize board amounts and the impact on local charities. (Dealt with under Delegations and Carried, as amended). That Finance Department staff prepare a report for consideration by the Finance and Administration Committee outlining the various stages applicable to the collection of realty and business tax arrears, including the Bailiff procedure and disposal of property under the Tax Sale Act, and to include criteria for the application of each of these stages of collection. That an over-expenditure in the amount of $16,200.00 be approved for repairs to the Transit Garage at 250 Strasburg Road, with the funds to be debited from index code 526159, and further, That an over-expenditure in the amount of $10,750.00 be approved for repairs to the Fleet Garages, with the funds to be debited from index code 526158, all of the above as outlined in the report of Mr. P. Summers dated June 30, 1994. FINANCE AND ADMINISTRATION COMMITTEE (JULY 11, 1994) - That notwithstanding the 1995 Pro Forma Budget and the changes made at the July 11, 1994 meeting of the Finance and Administration Committee, Council establish an overall 1995 target/goal of a zero percent increase in the mill rate. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - JULY 11, 1994 COUNCIL MINUTES - 348- CITY OF KITCHENER COUNCIL MINUTES JULY 11, 1994 - 348 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That for a trial period of one year, bulk water haulers who can provided satisfactory written confirmation that their equipment is used exclusively for the purpose of hauling potable water, will be exempted from sewer surcharges, and further, That at the conclusion of this one year trial period, a report outlining the financial impacts of this decision will be submitted to the Public Works and Transportation Committee for consideration. That subject to acceptance by the Legal Department for the City of Kitchener, the Mayor and Clerk be authorized to execute an Eastern Canada Mutual Assistance Agreement regarding the supply of natural gas during emergency situations. That the City of Kitchener adopt compressed natural gas as the fuel of choice for Kitchener Transit buses, and further, That City staff carry out all necessary reviews to determine whether some or all of the 25 buses presently on order can be included in the compressed natural gas deliveries without impacting original delivery requirements, and further, That applicable budgetary steps and approvals be taken, and further, That compressed natural gas bus acquisitions and infrastructure costs be subject to M.T.O. subsidies and that these subsidy applications be processed immediately. That the authority to approve the temporary closure of City streets for social, recreational, community, athletic, cinematographic purposes or combination of such purposes be delegated to the Director of Traffic and Parking and in his absence the Manager of Parking Operation and Traffic Planning; and further, That the policy and procedures for Special Events as contained in report DOPWR-94-40 dated June 29, 1994 be adopted excepting for the provision of public liability and property damage insurance which shall not be a requirement for minor events; and further, That no fees be charged for minor events; and further, That all costs for the closure of streets and/or detouring of traffic for a major special event will be the responsibility of the applicant/organizers. (As Amended) That the City of Kitchener approve the closure of King Street between Francis Street and Frederick Street from July 13 to 16, 1994 for the Downtown Business Association's "Cruising of King Street" and Sidewalk Sale, and further, That all costs associated with the closure of King Street by the Traffic and Parking Division be borne by the Downtown Business Association, and further, That the appropriate bylaw under Section 352 (61) of the Municipal Act be enacted. That the proposed routing of Route 2 - Glencairn as presented to the Public Works and Transportation Committee on July 4, 1994 be adopted and implemented with the fall schedule on September 6, 1994. 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. (Action deferred and referred to the August 22, 1994 City Council meeting for consideration). JULY 11, 1994 COUNCIL MINUTES - 349- CITY OF KITCHENER COUNCIL MINUTES JULY 11, 1994 - 349 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL ENVIRONMENTAL COMMITTEE - That the City Solicitor be requested to prepare a draft by-law to amend the Lot Maintenance By- law to add provision for the regulation of "composters" and "digesters" in form similar to the City of Waterloo By-law, and further; That the draft by-law be reviewed by the Environmental Committee prior to being recommended to City Council. 2. That the following revised Terms of Reference of the Environmental Committee be approved: 1.0 PURPOSE AND SCOPE 1.1 The Environmental Committee is an Advisory Committee to Council or to the appropriate Standing Committee. 1.2 The Environmental Committee will consider environment in its broadest possible terms. As such, the Committee mandate will include all matters, activities and operations of every City Department that impact on the environment; as well as all related regulatory and enforcement functions of the City Administration. 1.3 The Environmental Committee will consider community outreach programs to promote environmental awareness. 2.0 RESPONSIBILITIES 2.1 To hear delegations, review reports on any subject falling within the Committee's mandate and, where appropriate, advise Council or the appropriate Standing Committee. 2.2 To provide guidance and direction to the City's Environmental Study Group in the maintenance, review and implementation of the City's Environmental Strategic Plan. 2.3 To provide liaison within the community including individuals, businesses, and industry and the City concerning environmental matters. 2.4 To develop short-term, intermediate and long-term corporate environmental initiatives. 2.5 To develop short-term, intermediate and long-term community based environmental initiatives. 3.0 MEMBERSHIP AND ORGANIZATION 3.1 Membership on the Committee shall be as follows: - Mayor Ex Officio - A minimum of 4 members from Council - A minimum of 4 members from the public who shall be appointed by Council. 3.2 The Committee shall, from amongst their members, annually choose a Committee Chairman and Vice-Chairman both of whom must be members of Council. 3.3 Minutes will be kept of each meeting with secretarial services provided by the staff of the City Clerk's Department. JULY 11, 1994 COUNCIL MINUTES -350- CITY OF KITCHENER COUNCIL MINUTES JULY 11, 1994 - 350- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL ENVIRONMENTAL COMMITTEE (CONT'D) - 3.4 Meetings will be held monthly or as called by due notice. (Action deferred and referred back to the Environmental Committee for further consideration). That the Planning and Development Department be requested to prepare a report reviewing Section 41 Development Agreement provisions for the purpose of incorporating revisions requiring property owners to maintain Landscaping Plans approved for development projects, and further, That the report be referred to the Planning and Economic Development Committee for consideration. (As Amended) LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE That the Local Architectural Conservation Advisory Committee agrees with the surfacing of Trussler Road with tar and chip; provided that the carriageway is not widened and vegetation is not destroyed; and further That the City of Kitchener correspond with the Township of Wilmot indicating the future plans of both municipalities to work towards a Heritage Conservation District Plan for the Trussler Road area. COUNCIL MINUTES JULY 11, 1994 -351 - CITY OF KITCHENER COMMITTEE OF THE WHOLE 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." REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Banner Request It was resolved: "That ACCKWA: The Aids Committee of Cambridge, Kitchener, Waterloo and Area be granted permission to have a banner erected on King Street at Francis Street from Tuesday, August 2, 1994 to Sunday, August 21, 1994 inclusive in conjunction with its 'Walk For Aids 1994'. Further, that arrangements be made with the City's Contractor for erection of the banner and the payment of any costs associated therewith." 2. Appointment - Kitchener Downtown Business Association Board of Directors It was resolved: "That we accept the appointment of Michael D. Lannan, Barrister and Solicitor, to the Kitchener Downtown Business Association Board of Directors for a term to expire November 30, 1994, to fill the vacancy left by the resignation of Dave Deppisch." Proclamation - K-W Oktoberfest It was resolved: "That pursuant to Chapter 542 of the City of Kitchener Municipal Code, Kitchener- Waterloo Oktoberfest to be held October 7 to 15, 1994, be proclaimed a period of Civic Celebration." Supplementary Fundinq Request for Replacement Vehicle It was resolved: "Pursuant to The Public Transportation and Highway Improvement Act, that the Mayor and Clerk be authorized to execute Request for Subsidy Allocation No. 2 with the Ministry of Transportation in the amount of $25,000. for the allocation of subsidy funds for the provision of public transportation services for physically disabled persons for the year 1994." Final Release It was resolved: "That the Mayor and Clerk be authorized to execute a Final Release in the amount of $4,151.98 pertaining to a 4" plastic gas main damaged at 90 Bedford Road in the City of Kitchener on or about September 23, 1993." COUNCIL MINUTES JULY 11, 1994 - 35~ - CITY OF KITCHENER COUNCIL MINUTES JULY 11, 1994 - 35~ - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES J U LY 11, 1994 -352 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 6. Licences It was resolved: "That Core Literacy be granted permission to operate a Garage Sale at their office at 736 King Street East, Kitchener on July 16, 1994, provided that the necessary licence is obtained." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Region of Waterloo Culinary Association to conduct a Monte Carlo event at the Valhalla Inn, Kitchener on September 2-4, 1994 inclusive, with the provision that all proceeds from the event are used for scholarships and charity work involving Big Sisters, the Canadian National Institute for the Blind and UNICEF." 7. Provincial Fee for Supplementary Assessments It was resolved: "That the June 20, 1994 resolution of the Town of Newmarket, objecting to the proposed service charges to municipalities for supplementary assessments and changes to the Assessment Rolls for omissions, be endorsed, and further, That a copy of this resolution be sent to Mr. William A. Ferguson, M.P.P. (Kitchener) and Mr. Mike Cooper, M.P.P. (Kitchener-Wilmot) and to the Association of Municipalities of Ontario." Councillor T. Galloway commented that the supplementary assessment charge was an example of downloading of Provincial costs to the municipal level. He suggested it was time to take a definitive stand on the issue of downloading and recommended a meeting be held with local Provincial members of Parliament and all municipalities within the Region of Waterloo to discuss the impact of downloading costs for services that are a Provincial responsibility. In respect to the charges for supplementary assessment, he objected to the inability of the municipality to recover any of the costs from other public bodies and asked that this issue be addressed in such meeting. Councillor B. Stortz suggested that Mr. Ron Eddy, M.P.P. (Brantford) should be invited to attend the meeting. It was Councillor C. Zehr's view that the current proposal for charges represents a break in faith between the Provincial government and municipalities. Following further discussion, it was agreed that Mayor D.V. Cardillo and/or Councillor C. Zehr would approach Mr. K. Seiling, Regional Chairman, to utilize his office to convene the meeting proposed by Councillor Galloway. 8. Kitchener Representation on AMO Larqe Urban Section It was resolved: JULY 11, 1994 COUNCIL MINUTES -353- CITY OF KITCHENER COUNCIL MINUTES JULY 11, 1994 - 353- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL "That the City of Kitchener nominate Tom McKay, Chief Administrative Officer, as Kitchener's representative on AMO's Large Urban Section Executive." Trussler Road Resurfacinq - SOUTH WARD In regard to the surface treatment proposed for Trussler Road, Councillor T. Galloway stated that there was concern that the integrity of the road be maintained during construction. This relates to the carriageway not being expanded during construction and there being no impact on vegetation along side the road. Further, he noted that there is an understanding COUNCIL MINUTES J U LY 11, 1994 -353 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 9. Trussler Road Resurfacinq - SOUTH WARD (Cont'd) of the possibility that, in future, the City and the Township of Wilmot would work towards a Heritage Conservation District Plan for the Trussler Road area. Councillor M. Wagner pointed out that the issue raised by Councillor Galloway was dealt with in the recommendation of the Local Architectural Conservation Advisory Committee already approved this date. It was resolved: "1) That Trussler Road, from Bleams Road to New Dundee Road, be surface treated on a two-year phased programme during 1994 and 1995, with funding that is available from the Public Works Operating Budget. 2) That 50% of the actual costs of surfacing be recovered from Wilmot Township amortized, with interest, over a five-year repayment period. 3) That any necessary agreements be entered into with Wilmot Township for the recovery of costs." 10. Tenders Tender T94-49, Quotation Q94-149 and Tender T94-37 were dealt under delegations. 11. Variance - Municipal Code, Chapter 630 (Fence) - SOUTH & FOREST WARDS Committee of Adjustment Submission Nos. F 2/94, F 3/94 and F 4/94 were dealt with under delegations. 12. Land Purchase - Canadian National Railway Company - Manitou Drive/Balzer Road It was resolved: "That the Mayor and Clerk are hereby authorized to execute an Offer to Purchase to the Canadian National Railway Company for the abandoned rail right-of-way between Balzer Road and Manitou Drive for the sum of $25,000.00, dated this 11th day of July, 1994." JULY 11, 1994 COUNCIL MINUTES -354- CITY OF KITCHENER COUNCIL MINUTES JULY 11, 1994 - 354- CITY OF KITCHENER 13. 14. REPORTS ADOPTED BY COUNCIL Conveyance of Land - Paul Tuerr Construction Limited - River Road The Committee was in receipt of a letter dated July 11, 1994 from Mr. J. Wallace with respect to a request by Paul Tuerr Construction Limited that the City accept conveyance of a small sliver of land (9.27 foot triangle) for incorporation into River Road in order that a real estate transaction can be closed. It was resolved: "That the City accept a conveyance of part of Lot 38, Municipal Compiled Plan 764, from Paul Tuerr Construction Limited being a triangular parcel of land on River Road as described on a plan by Metz & Lorentz Limited on July 11, 1994, File K1-95-14." Performance Bond - Chateau Insurance Company The Committee was in receipt of a memorandum dated June 30, 1994 from Messrs. L. Proulx and J. Shivas, prepared as a follow-up to an information package dated November 22, 1993, which was presented to the Finance & Administration Committee on December COUNCIL MINUTES J U LY 11, 1994 -355 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 14. Performance Bond - Chateau Insurance Company (Cont'd) 13, 1993. Financial issues leading to a settlement were discussed in the June 30th memorandum. It was resolved: "That, in consideration of the sum of $9,500.00, the City release Chateau Insurance Company from its Performance Bond posted for Toronto Structural Group for Firehall No.6." 15. Local Improvement - Winslow Drive - Repeal of Resolution The Committee was in receipt of a letter dated July 8, 1994 from Mr. L.W. Neil advising that a majority of owners from Winslow Drive with the required assessment had objected to the proposed installation of a concrete curb on both sides of the street. It was resolved: "That City Council's resolution of March 7, 1994, being Item No.6 of the Public Works and Transportation Committee Report, which authorized installation of a concrete curb on both sides of Winslow Drive from Highland Road to Spadina Road under Section 12 of the Local Improvement Act, be repealed." 16. Solicitation of Contributions - Rameses Shriners The Committee was in receipt of a memorandum from Ms. J. Koppeser to Mayor D.V. Cardillo in response to his request for a suggested resolution to deal with a request received from Rameses Shriners. It was resolved: "That the City of Kitchener has no objection to Rameses Shriners, 3100 Keele Street, North York, Ontario, soliciting contributions on July 15, 1994 at the corner of King and Queen Streets, Kitchener, in support of the Shriners Hospital."