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HomeMy WebLinkAboutCouncil Minutes - 1994-12-19COU NCIL\1994-12-19 DECEMBER 19, 1994 COUNCIL MINUTES CITY OF KITCHENER The Council of the Corporation of the City of Kitchener met this date with all members present. On motion by Councillor John Smola, the minutes of the regular meeting held November 28 and the Inaugural meeting held December 5, 1994, as mailed to the Mayor and Councillors, were accepted. A. COMMUNICATION REFERRED TO COMMITTEE OF THE WHOLE - (1) Letter dated December 14, 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. Mr. L. Gordon appeared as a delegation to answer questions regarding the tenders listed on the Committee of the Whole agenda of this date. Councillor T. Galloway enquired whether the firm recommended with respect to the elevator maintenance and service tender (T94-76) has worked with the City in the past, and Mr. L. Gordon replied that they had not, but had supplied an extensive background list and all of the references checked were satisfied with the service provided. Councillor Galloway enquired as to why only one tender was received relative to sidewalk snow plows (T94-79). Mr. Gordon indicated that there were two potential suppliers, but one of these, which could have met specifications on one unit, chose not to bid. Councillor Galloway asked for clarification as to why the Iow tender for a self-propelled ice resurfacer (T94-87) was not accepted. Mr. Gordon replied that the Iow tender did not offer trade-in value for the City's present resurfacer and consequently the net cost to the City would be higher. Councillor Galloway asked whether the present resurfacer could be sold as surplus at a profit sufficient to offset the difference. Mr. Gordon responded that the present unit would be of little use to even smaller arenas and only has value to the manufacturer as spare parts. He noted that staff feel they will have maximized their return on this equipment if the recommended tender and the trade-in are accepted. Councillor T. Galloway disclosed a conflict of interest and abstained from all voting and discussion concerning tender T94-82 (Printing of Leisure Magazine) listed as clause 4 (g) on the Committee of the Whole Agenda of this date, as a member of his family is employed by one of the bidding companies. Councillor J. Ziegler asked for clarification of the tender for the printing of Leisure Magazine and whether there were any additional production charges. Mr. Gordon replied that 62,000 copies are to be printed in each of the four seasons, and that he was unaware of any additional charges at this time. Councillor M. Wagner enquired whether staff are satisfied with the recommended firm bidding on the Williamsburg Cemetery building (T94-54), and Mr. Gordon replied in the affirmative indicating that staff have checked references. Councillor Wagner asked for clarification of the long-term savings to the City through the recycling of asphalt and concrete (T94-78). Mr. Gordon noted that the City has this material crushed and uses it as gravel, however, there is no material cost saving in this regard, but there are savings in landfill costs and recycling is more responsible than dumping. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That tender T94-39, Supply of Diesel Fuel, be awarded to Shell Canada Products Limited, Calgary, Alberta for supply and to Hogg Fuel & Supply Limited, Kitchener for pick-up by mobile unit, at their tendered unit prices, plus G.S.T." - and - "That tender T94-40, Supply of Unleaded Gasoline, be awarded to Hogg Fuel & Supply Limited, Kitchener at their tendered unit price, plus G.S.T." - and - "That tender T94-54, Williamsburg Cemetery Building, be awarded to Julier Construction Limited, Kitchener at their tendered price of $165,446.50, including all applicable taxes." - and - COUNCIL MINUTES DECEMBER 19, 1994 - 658- CITY OF KITCHENER "That tender T94-76, Elevator Maintenance and Service for all City facilities, be awarded to Corner Elevator Corporation, Petersburg, Ontario at their tendered price of $123,762., plus G.S.T." - and - "That tender T94-78, Recycling of Asphalt and Concrete, be awarded to Martin Brothers Crushing Limited, Listowel, Ontario at their tendered price of $153,700., plus G.S.T. and P.S.T." - and - "That tender T94-79, Sidewalk Snow Plows, be awarded to Work Equipment Ltd., Courtland, Ontario at their tendered price (including options) of $208,194., and less trade in allowance of $15,000., plus G.S.T. and P.S.T." - and - "That tender T94-87, Self Propelled Ice Resurfacer, be awarded to Frank J. Zamboni & Co., Ltd., Brantford, Ontario at their tendered price of $53,350. less a trade in credit of $4,280., plus G.S.T. and P.S.T." Carried. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That tender T94-82, Printing Leisure Magazine, be awarded to Southwestern Ontario Printing, Tillsonburg at their tendered price of $54,609.64 (Option A. 1 and Option B.2) plus G.S.T. and P.S.T." Carried. Councillor T. Galloway previously disclosed a conflict of interest and abstained from all discussion and voting concerning Tender T94-82 (Printing of Leisure Magazine) listed as clause 4 (g) on the Committee of the Whole Agenda of this date, as a member of his family is employed by one of the bidding companies. Ms. Josie D'Avernas appeared on behalf of the Council for a Tobacco-Free Ontario and circulated a publication entitled "Lets Clear the Air, Ontario; Local Tobacco Control: The Facts and Issues". Ms. D'Avernas showed a series of slides incorporating excerpts from the handbook and indicated that her intention is to encourage use of the handbook in formulating by-laws and to point out the need for such by-laws to reduce exposure to second hand smoke. She noted that the Province's Tobacco Control Act does not address two areas, namely, the workplace and public buildings. Ms. D'Avernas noted that in this regard municipalities are empowered to enact legislation affecting these facilities. Ms. D'Avernas explained the impact of second hand smoke, which is a known cause of cancer in humans and which contributes to other respiratory disorders. On motion by Councillor G. Lorentz, seconded by Councillor M. Wagner, Council agreed to extend the delegation's presentation time by an additional five minutes. Ms. D'Avernas also touched on issues affecting by-law implementation and enforcement. She pointed out that the handbook was written to give local politicians assistance in drafting and implementing by-laws at the local level. Councillor M. Yantzi enquired whether Ms. D'Avernas' organization would support segregated smoking areas in such facilities as coffee shops. She replied that these are supported provided they are properly ventilated areas, meaning that they have a separate ventilation system. Councillor M. Wagner pointed out that the previous Council had endorsed a model by-law in this regard, and in some cases had strengthened it, and asked how Ms. D'Avernas would recommend dealing with smoking in the work place. She recommended that Council move ahead with the proposed model by-law and deal with the workplace issue separately. She also indicated that several area municipalities, Toronto among them, have successfully regulated smoking in the workplace. COUNCIL MINUTES DECEMBER 19, 1994 - 659- CITY OF KITCHENER Mr. Peter Bufe appeared on behalf of the Kitchener Local Architectural Conservation Advisory Committee (LACAC) concerning clause 1 of the November 4, 1994 LACAC report dealing with the proposed alteration of Suddaby Public School. Councillor M. Wagner advised Council that the Architect for the Waterloo County Board of Education, Mr. John Clinckett, had previously received approval to replace windows at the rear of the building. Subsequently, he returned to LACAC to request additional replacement units of the same design and it is now being recommended by the Committee that this second request be refused. Mr. P. Bufe referred to an information package circulated to members of Council this date and asked them to support the LACAC recommendation before them. He noted that the Committee's recommendation is based on heritage conservation principles published by the Province of Ontario as well as standards for rehabilitation produced by the United States Department of the Interior. Mr. Bufe noted that the Committee's change of heart occurred as a result of more closely examining the cost comparison figures provided by the Architect as well as the state of the replacement windows. He noted that a cost estimate prepared by LACAC's Window Sub-Committee suggested that preventative maintenance would be considerably cheaper than replacement. Mr. Bufe also noted that in his opinion, the School Board's window life expectancy figures are misleading and do not make sense. On motion by Councillor T. Galloway, seconded by Councillor J. Ziegler, Council agreed to extend the delegation presentation time by an additional five minutes. Mr. P. Bufe then reviewed his own cost comparison figures and asked that in the event Council is unwilling to endorse LACAC recommendation, the issue be referred back to the Committee for further discussion. Mr. John Clinckett, Architect, appeared on behalf of the Waterloo County Board of Education concerning clause 1 of the November 4, 1994 LACAC report relative to window replacement at Suddaby Public School. Mr. Clinckett circulated photos and renderings of the existing school and proposed addition. He noted that his firm was retained by the Board as part of their Window Maintenance Program and referred to the present window units of which only one and three are operable. He also advised that in addition to improving the functionality of the windows, the Board would also be improving such factors as air quality. Mr. Clinckett pointed out that the Board had secured a Federal Infrastructure Grant for the initial replacement, and decided to replace additional units once it was known that additional grant funding would be available. Mr. Clinckett stated that cost comparison aside, the infrastructure funding is in effect a windfall grant which the Board wishes to use for further window replacement. In response to a question from Councillor C. Weylie, Mr. Clinckett clarified that the Frederick Street facade is the designated portion of the building and Councillor Weylie enquired as to why the LACAC is involved with window replacement or other elevations. Mr. Clinckett replied that legally the designation applies to all property within the metes and bounds description. Councillor M. Wagner offered the opinion that the LACAC is within its jurisdiction in dealing with the proposed replacements. Councillor G. Lorentz questioned whether the proposed replacement windows would look identical to those presently on the building. Mr. Clinckett replied that the windows will fill the same opening as at present and that he believes they will look the same as the original units. He also pointed out that a similar unit had been shown to the LACAC in order to clarify the request. Moved by Councillor M. Wagner Seconded by Councillor T. Galloway That clause 1 of the Local Architectural Conservation Advisory Committee report (November 4, 1994) of this date be adopted. Councillor M. Yantzi enquired whether the LACAC has a policy on re-use of original building fabric. Mr. P. Bufe replied that the issue at hand relates not only to original building materials, but the practical necessity and desirability of replacing these. He added that at the time Mr. Clinckett made his first request, the LACAC members were confused as to what they were being asked to vote on and did not properly consider preservation guidelines. DECEMBER 19, 1994 COUNCIL MINUTES CITY OF KITCHENER Councillor C. Weylie indicated that she is the owner of a designated home and has had in the past to arrange for wooden replacement windows. She questioned on the one hand why the School Board should be exempt from doing the same, but on the other noted that they had previously been given approval by Council to replace selective wooden windows with aluminium units. Councillor G. Lorentz drew a parallel between Suddaby Public School and the closing of Victoria Public School and offered the opinion that in many cases it is too expensive and impractical to force an owner to follow strict restoration standards, and that the aesthetic appearance of the building is the principle concern. Councillor M. Wagner pointed out that he supports heritage preservation and the work done by the LACAC, but in this particular instance, cannot support the recommendation to refuse the owner's request. He noted that from the street the aluminium replacement windows at Victoria Public School look identical to the original units, and that new renovation processes and products are continually entering the market. He stated that he would reluctantly vote against the recommendation, and stressed the importance of consistency with Council's earlier approval of window replacement at the rear of Suddaby Public School. The motion by Councillor M. Wagner, seconded by Councillor T. Galloway to adopt clause 1 of the November 4, 1994 Local Architectural Conservation Advisory Committee report which would have the effect of refusing the owner's request to replace ten additional windows at the rear of the building with aluminium units, was voted on and was Lost. Moved by Councillor M. Wagner Seconded by Councillor M. Yantzi That pursuant to Section 33 of the Ontario Heritage Act the request of the Waterloo County Board of Education to alter the designated property known as Suddaby Public School by replacing ten additional windows at the rear of the building with aluminium windows be granted, and further, That this approval does not assume endorsement of similar window treatment on the Frederick Street elevation of the building. Carried. Mr. John McVicar, Co-Chair, Fireworks and Family Carnival Committee, K-W Kinsmen Club, appeared to request exemption from the licence fees applicable to the organization's proposed sale of fireworks from a tractor trailer. Council was previously circulated with a report from Mrs. J. Koppeser dated December 15, 1994 indicating that the present by-law requires licensing of both the fireworks vendor and the sales location at a cost of $1,000 per licence. Mayor R. Christy enquired as to the Club's profit in 1994 as a result of fireworks sales and Mr. McVicar indicated that though he did not have the exact figures, he believed the profit to be between $6,000 and $7,000. He also referred to a background letter dated December 9, 1994 which was circulated to members of Council this date and outlines the contributions made to the community by the Kinsmen Club. Mr. McVicar asked that if Council was unwilling to waive the licence fees, the Club be provided with $2,000 worth of other concessions in 1995. In response to a question from Councillor Jake Smola, Mr. J. Wallace advised that in the past fee waivers have been given in the form of grants. Councillor Smola pointed out that the City has a policy that grants are not given to organizations who themselves in turn dispense grants to other organizations. Mayor R. Christy suggested that the request is premature at this time and that further consultation with staff is appropriate. It was generally agreed that the K-W Kinsmen Club be required to complete a grant application and submit same to the Community Services Committee with input from staff. Councillor M. Wagner advised that Mr. James M. Ayres who had planned to appear this date in opposition to clause 3 (30 Francis Street South) of the December 9, 1994 Local Architectural Conservation Advisory Committee report, indicated that he is requesting a deferral to the January 23, 1995 Council meeting. Moved by Councillor M. Wagner Seconded by Councillor T. Galloway That consideration of clause 3 of the December 9, 1994 report of the Local Architectural Conservation Advisory Committee be deferred and referred to the January 23, 1995 Council meeting. COUNCIL MINUTES DECEMBER 19, 1994 - 661- CITY OF KITCHENER Carried. Mr. David Kresky appeared in opposition to the October 11, 1994 Council resolution establishing a Schedule of Fees for the provision of Council and Standing Committee minutes. Council was also in receipt this date of a December 19, 1994 Summary Report from Mr. G. Sosnoski on implementation of the Council resolution. Mr. D. Kresky indicated his concern over the cost and noted that minutes have been provided free of charge for some time. Mr. R.W. Pritchard clarified that the decision to impose a fee came about as a result of an employee suggestion and that both Waterloo and Cambridge have imposed such fees for some time. Mr. D. Kresky offered the opinion that receiving minutes free of charge is a basic taxpayer right. He suggested that any rationale for charging based on cost recovery is inappropriate, noting that in many cases his taxes go toward paying for services he does not directly benefit from. Mr. Kresky also pointed out that some groups have been exempted from charges, notably the media, neighbourhood associations and government agencies and questioned why this would be the case. He also noted that businesses are able to write-off the cost of subscription as an expense, whereas most individuals cannot. Mr. Kresky acknowledged that providing minutes for reference at all branches of the Kitchener Public Library was admirable, but addresses research needs regarding specific issues and not the needs of individuals, who like himself, follow City business regularly. Mr. Kresky referred to a number of changes instituted by Council over the last several years which he interpreted as reducing access to local government, including a reduction in the amount of time granted to delegations, and the requirement that written submissions to Council be received by the City in advance of the meeting. Mr. Kresky suggested that the charge for minutes could be viewed as further limiting accessibility to Council, as it is not easy for citizens to travel to the library, nor cost-effective to pay their photocopy costs. In summary, he asked that the decision to charge for minutes be reversed, or at minimum removed as it relates to private individuals. He suggested that a further alternative would be to require payment of a postage fee if the minutes are not picked up at City Hall. Councillor G. Lorentz noted that after removing the exempt organizations, there are 68 businesses and 20 individuals on the distribution list who receive one or several copies of minutes on a regular basis. He suggested that businesses use the information in the minutes to pursue profit and on this basis should be required to pay. He also pointed out that confusion could result where an individual who is also an owner of a business makes application to receive minutes free-of-charge in his capacity as a private citizen. Councillor Lorentz indicated that he generally agrees with the comments made by Mr. Kresky. Councillor T. Galloway advised that he did not support the original resolution to charge for minutes, and in reference to comments made by Mr. Kresky concerning general accessibility to Council, added that to his knowledge no one has been prevented from addressing Council by any of the measures referred to, and that the guidelines referred to are frequently relaxed in order to allow participation. A motion was put forward by Councillor T. Galloway, seconded by Councillor M. Wagner that the current charges for minutes of Council and Standing Committees not apply to requests made by private citizens who are also local residents, with the understanding that the entire issue be revisited in one year's time. Councillor J. Ziegler asked that the motion on the floor be amended to indicate that private citizens should be required to pay the cost of postage when receiving these on a subscription basis. Councillor T. Galloway accepted the suggestion of Councillor J. Ziegler as a friendly amendment. Moved by Councillor T. Galloway Seconded by Councillor M. Wagner That in reference to the October 11, 1994 Council resolution establishing a Schedule of Fees for Council and Standing Committee minutes, private citizens (who are also local residents) be fully exempt from such charges, but be required to pay the cost of postage if the minutes are not picked up at City Hall, and further, That the issue of charging for minutes be revisited in one years time. Carried. Mr. Neil Taylor appeared concerning the site selection process for the Federal Women's Correctional Facility, and advised that Mr. George Miller, who agrees with his comments and had intended to make a DECEMBER 19, 1994 COUNCIL MINUTES CITY OF KITCHENER similar presentation this date, was unable to attend due to illness. Members of Council were in receipt this date of a memorandum from Mr. Taylor and Mr. Miller dated December 19, 1994 outlining their concerns relative to the site selection process for the prison to be located adjacent to a Pioneer Park residential neighbourhood. Mr. N. Taylor indicated that the Ontario Municipal Board ruling was not an issue of planning but rather an issue of constitutional rights and suggested that further legal remedies could be undertaken to stop the process. He suggested that there are compelling reasons for the new Council to review the City's decision to continue supporting construction of the prison and these are summarized as follows: (1) failure of City staff to require or conduct objective financial, environmental and social impact studies; (2) the position of City staff that Federally owned lands are exempt from compliance with Municipal Official Plans and Zoning By-laws, while at the same time, entering into an extensive Site Plan Agreement under Section 41 of the same legislation governing these, and planning to issue a building permit pursuant to this and other Provincial Statutes; (3) no satisfactory explanation as to why Zoning and Official Plan Regulations restricting specific uses of the site by the Federal Government were waived without a by-law enacted by Council exempting them from compliance; (4) failure of staff to provide an impartial, objective and independent proof that the municipality is proceeding legally with the development; (5) a clause in the Site Plan Agreement which states that if a building permit for the proposed development is not issued by August 14, 1995, the City's Commissioner of Planning and Development can require revisions, additional conditions or changes to the approved site plan at his sole discretion as a result of new City policies, changes to Zoning By-laws or standard City conditions. On motion by Councillor B. Vrbanovic, seconded by Councillor K. Redman, Council agreed to extend the delegations presentation time by an additional five minutes. Mr. Taylor alleged that the signatures of City staff on the Site Plan Agreement pursuant to a Provincial statute, along with the commencement of on-site development have resulted in the City impeaching its own by-laws and rendering the entire process illegal. Mr. Taylor also suggested that he believes City staff have relied on a narrow interpretation of one section of the Official Plan and have completely disregarded the Comprehensive Zoning By-law. He stated that in his opinion the subject property zoned General Industrial (M2) does not permit a Correctional Facility. Mr. Taylor also alleged that it is the intention of staff to rezone the site after the prison is constructed in order to resolve the zoning issue and in so doing will have denied citizens their democratic rights. Mr. Taylor invited the new Council to reconsider this issue and not to issue a building permit until they have sought and received objective legal and planning advice from the Province, and if necessary, the Courts. He stressed that Council must be accountable in ensuring compliance with Provincial law and regulations. Councillor T. Galloway questioned staff regarding the comments made by Mr. Taylor and Mr. J. Wallace advise that he has not changed his opinion to date and that the Federal Government does not require a building permit, nor must they apply for site plan approval. He stressed that Federally owned lands used for Federal Government purposes are out of the realm of Provincial and Municipal jurisdiction. Councillor Galloway asked why the City was then considering entering into a Site Plan Agreement and issuing a building permit, and if this is required, why the Federal Government was not asked to comply with zoning requirements. Mr. T. McCabe advised that the Planning and Development Department position has been consistent throughout in that the project complies with zoning requirements and with the jurisdictional issue being resolved at the Ontario Municipal Board. Councillor J. Ziegler pointed out that Mr. Taylor's material indicates that the Federal Government is willing to comply with the zoning requirements, and questioned why the City is denying him this opportunity. Mr. McCabe indicated that the City is not denying the Federal Government, since it does not feel that rezoning is necessary under the circumstances. Mr. Wallace also pointed out that the Federal Government was represented at the Ontario Municipal Board and took the position that the Province and the Municipality have no jurisdiction in this area, and that this position was also supported by the Board. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi That no action be taken on the request of Mr. Neil Taylor that Council revisit the site selection process for the Federal Women's Correctional Facility, and in future Council direct itself toward facilitating with residents in regard to site plan concerns. Councillor T. Galloway indicated that he cannot come to grips with the lack of process involved in the site DECEMBER 19, 1994 COUNCIL MINUTES CITY OF KITCHENER selection. He noted that the Province has a convoluted planning process which requires notification and hearings on even minor changes, however, the Federal Government is allowed to circumvent these requirements in contravention of the planning process. He pointed out that every other municipality in Canada that is receiving a correctional facility is pursuing zone changes. Councillor Galloway referred specifically to circumstances in the City of London involving a halfway house where the City denied the Zone Change and the Federal Government did not invoke its rights and looked elsewhere for a site. He offered the opinion that Corrections Canada should have applied for a Zone Change and that in not doing so the Pioneer Park residents have been denied due process through a very narrow interpretation of the Zoning By-law. Councillor Galloway suggested that the present Council has an opportunity to right this wrong. Councillor J. Ziegler agreed with the comments made by Councillor Galloway concerning the lack of process and the impact on the public. He pointed out that in his experience, residents have most often identified the process as the major issue, and he asked that in future the City require zoning compliance for Federal Government projects. The motion by Councillor C. Weylie, seconded by Councillor M. Yantzi, that no action be taken on the request to revisit the site selection process, was voted on and Carried on a recorded vote. In Favour: Mayor R. Christy, Councillors John Smola, G. Lorentz, K. Redman, C. Weylie, M. Yantzi and M. Wagner. Contra: Councillors Jake Smola, J. Ziegler, T. Galloway and B. Vrbanovic. Mrs. Gwen Mott appeared and requested an exemption from By-law 92-204 to allow temporary erection of a rented mobile sign. Members of Council were previously in receipt of a letter from Mrs. Mott dated December 13, 1994 explaining her position. Mrs. Mott further clarified that she would like permission to erect the sign for the remainder of December, 1994, January, February and March or 1995 and possibly September and October, 1995. She suggested that the concerns over visibility are unfounded and questioned the distinction made in the by-law between permanent and temporary signs. She also indicated her preference for a mobile sign over alternatives such as sandwich boards and window signs which she feels are less effective. Councillor J. Ziegler suggested that consideration of this issue be referred to the January 16, 1995 meeting of the Finance and Administration Committee, with instruction that staff work with Mrs. Mott in the interim and report at that time. Councillor M. Yantzi indicated he would support installation of a temporary sign for up to 90-days. Mr. T. McCabe advised that the property in question is in a Conversion Area and that signs which do not comply can be granted a variance by the Committee of Adjustment. He added that only fascia and ground signs are allowed in this area and that installation of a portable sign would interfere with the separation requirement for ground signs. He concluded by stating that staff do not support any type of portable sign on the premises. Councillor M. Yantzi suggested that the most appropriate solution is to remove the portable sign and install a permanent one. Moved by Councillor M. Yantzi Seconded by Councillor J. Ziegler That Mrs. Gwen Mott be granted a temporary sign permit to allow the erection of a rented mobile sign at 171 Queen Street South for a 30-day period, and further, That this issue be referred to the January 16, 1995 meeting of the Finance and Administration Committee for consideration along with a staff report and photographs. Carried. Mr. George Balango appeared in support of the Committee of Adjustment recommendation relative to Sign Variance No. S8/94 (F.J. Benninger Mobillife Inc.) which appears as clause 11 on the Committee of the Whole agenda of this date. Moved by Councillor T. Galloway DECEMBER 19, 1994 COUNCIL MINUTES CITY OF KITCHENER Seconded by Councillor C. Weylie That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council of November 22, 1994, recommending approval of Submission No.S 8/94 - F.J. Benninger Mobillife Inc. - be ratified and confirmed. Carried. Representatives of the Bank of Montreal were in attendance this date in support of clause 7 of the Finance and Administration Committee report which recommends awarding the City's banking services to the Bank of Montreal. Councillor Jake Smola disclosed a conflict of interest and abstained from all voting and discussion relative to clause 7 (Banking Services) of the Finance and Administration Committee report of this date as an immediate relative is a part-time employee of the Bank of Montreal. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi That clause 7 of the Finance and Administration Committee report of this date be adopted. Carried. Councillor Jake Smola previously disclosed a conflict of interest and abstained from all voting and discussion concerning clause 7 (Banking Services) of the Finance and Administration Committee report of this date as an immediate relative is a part-time employee of the Bank of Montreal. Council was in receipt this date of Planning and Development report No. PD 94/126 (December 16, 1994) recommending that a new fee for Change of Use be added to the 1995 Planning Application Fee Schedule. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi That the 1995 Planning Application Fee Schedule be amended to add the new "Change of Use" permit fee of $200/Application effective January 1, 1995. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi Carried. That the report of the Planning and Economic Development Committee of Council of this date be adopted. Voted on clause by clause. Clause 3 - Carried as amended. Balance of Report - Carried. Council was in receipt of a report and recommendation from Mr. K. Baulk dated December 19, 1994 concerning 1995 market vendor rates. Councillor G. Lorentz asked that the recommendation be added to the Community Services Committee report of this date. Moved by Councillor G. Lorentz Seconded by Councillor K. Redman That the report of the Community Services Committee of this date be adopted. DECEMBER 19, 1994 COUNCIL MINUTES CITY OF KITCHENER Voted on clause by clause. Clause 6 - Carried. Clause 10 - Carried. Balance of report - Carried. Recorded conflicts of interest and abstentions: Councillor Jake Smola - Clause 6 as his brother is an employee of the Ontario Hockey League. Councillor T. Galloway - Clause 6 as he is employed by the Kitchener Rangers Hockey Club. Clause 8 of the Community Services Committee report of this date referred a decision on a cash grant to assist in co-sponsoring the New Year's Levee to be held at Mutual Life to the Council meeting this date. Members of Council were in receipt of an additional information report from Mayor R. Christy dated December 15, 1994. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner That a cash grant in the amount of $1,200 be awarded to the K-W Hospital to assist in co- sponsoring the New Year's Levee to be held at Mutual Life in recognition of their 100th Anniversary, and further, That any unspent portion of the grant which is not required to cover actual costs, be allocated to the K-W Hospital Foundation. Carried. Moved by Councillor T. Galloway Seconded by Councillor Jake Smola That the report of the Environmental Committee of Council of this date be adopted. Carried. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi That the report of the Finance and Administration Committee of this date be adopted. Voted on clause by clause. Clause 7 - Dealt with under Delegations and 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 (December 9, 1994) be adopted. Voted on clause by clause. Clause 3 - Dealt with under Delegations and action deferred and referred to the January 23, 1995 Council meeting. Balance of report - Carried. DECEMBER 19, 1994 COUNCIL MINUTES CITY OF KITCHENER Moved by Councillor John Smola Seconded by Councillor M. Wagner That the report of the Public Works and Transportation Committee of this date be adopted. Carried. Councillor J. Ziegler took a moment to extend his personal appreciation to Mr. J. Wallace for his efforts as City Solicitor over the past 21 years, and extended his best wishes for his upcoming retirement. Mr. Wallace praised the democratic process as embodied in local government and encouraged members of Council to be proud of the work they have undertaken. On behalf of Council and staff, Mayor R. Christy praised Mr. Wallace for his integrity, professionalism and sound legal advice as well as his human relations skills. He extended best regards for a long and happy retirement. Moved by Councillor Jake Smola Seconded by Councillor G. Lorentz That effective at the January 23, 1995 meeting, the playing and singing of "O Canada" take place prior to all regularly scheduled Council meetings, and further, That invitations be extended and a schedule co-ordinated through the Mayor's Office which would allow for participation by members of community groups and students of public, separate and private schools in Kitchener. Carried. Moved by Councillor Jake Smola Seconded by Councillor M. Yantzi That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend Chapter 553 of the City of Kitchener Municipal Code with respect to Lodging Houses (b) Being a by-law to exempt a certain lot from Part Lot Control - Lots 5 and 6, Registered Plan 1776 - Huron Road (c) Being a by-law to exempt a certain lot from Part Lot Control - Lots 13, 14 and 15, Registered Plan 1791 - Dawn Ridge Drive (d) Being a by-law to provide for the establishing and laying out of part of Corfield Drive as a public highway in the City of Kitchener (e) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement (f) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (g) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (h) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (i) Being a by-law to amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof (j) To confirm all actions and proceedings of the Council DECEMBER 19, 1994 COUNCIL MINUTES - 667- CITY OF KITCHENER (k) Being a by-law to amend Chapter 380 of The City of Kitchener Municipal Code with respect to Tariff of Fees Planning Matters Being a by-law to authorize the carrying out of the provisions of Chapter 650 of The City of Kitchener Municipal Code with respect to Lot 270, Part Lots 269 and 271 on Registered Plan 266 known as 150 Adelaide Street, Kitchener (m) Being a by-law to amend the City of Kitchener Municipal Code - Chapter 320 imposing a special charge on classes of buildings that impose or may impose a heavy Icad on the sewer or water system (n) Being a by-law to provide for the widening of part of Waterloo Street as a public highway in the City of Kitchener (o) Being a by-law to amend Chapter 580 of The City of Kitchener Municipal Code with respect to licensing, regulating and governing persons who carry on the business of leasing portable signs (P) Being a by-law to amend Chapter 501 of The City of Kitchener Municipal Code with respect to Licence Fees 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 R. Christy appointed Councillor John Smola as Chairman. On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. Moved by Councillor John Smola Seconded by Councillor G. Lorentz 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 Jake Smola Seconded by Councillor M. Yantzi That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to close and sell Part of Joyce Avenue (as now known) in the City of Kitchener (By-law No. 94-204) (b) Being a by-law to amend Chapter 553 of the City of Kitchener Municipal Code with respect to Lodging Houses (By-law No. 94-205) (c) Being a by-law to exempt a certain lot from Part Lot Control - Lots 5 and 6, Registered Plan 1776 - Huron Road (By-law No. 94-206 (d) Being a by-law to exempt a certain lot from Part Lot Control - Lots 13, 14 and 15, Registered Plan 1791 - Dawn Ridge Drive (By-law No. 94-207 DECEMBER 19, 1994 COUNCIL MINUTES - 668- CITY OF KITCHENER (e) (f) (g) (h) Being a by-law to provide for the establishing and laying out of part of Corfield Drive as a public highway in the City of Kitchener (By-law No. 94-208) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement (By-law No. 94-209) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (By-law No. 94-210) 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. 94-211 ) (Cont'd) (i) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (By-law No. 94-212) (j) Being a by-law to amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof (By-law No. 94-213) (k) (m) (n) (o) To confirm all actions and proceedings of the Council (By-law No. 94-214) Being a by-law to amend Chapter 380 of The City of Kitchener Municipal Code with respect to Tariff of Fees Planning Matters (By-law No.94-215) Being a by-law to authorize the carrying out of the provisions of Chapter 650 of The City of Kitchener Municipal Code with respect to Lot 270, Part Lots 269 and 271 on Registered Plan 266 known as 150 Adelaide Street, Kitchener (By-law No.94-216) 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.94-217) Being a by-law to amend Chapter 580 of The City of Kitchener Municipal Code with respect to licensing, regulating and governing persons who carry on the business of leasing portable signs (P) (By-law No.94-218) Being a by-law to amend Chapter 501 of The City of Kitchener Municipal Code with respect DECEMBER 19, 1994 COUNCIL MINUTES - 669- CITY OF KITCHENER to Licence Fees be taken as read a third time, be finally passed and numbered serially by the Clerk. On motion, the meeting adjourned. (By-law No.94-219) Carried. MAYOR CLERK PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - That Lane Closure Application LA 1/93NL (Maurice Street) be approved and that the Legal Department and the General Services and City Clerk's Department be instructed to proceed with the preparation of a by-law, and the necessary advertising in the local newspaper for the closing of a public highway, consisting of Parts 1,2, 3 and 4 Plan 58R-3297. Further that such closing be undertaken on the following basis: 1. That Reference Plan 58R-3297 form the description for the road closure by-law. That Part 3 of Plan 58R-3297 be subject to right-of-way in favour of E & E Seegmiller for purpose of continued access to their lands. 3. That both Rockway Holdings Ltd. and Merlin Jutzi pay all advertising and registration costs associated with the closure of the road. That Rockway Holdings Ltd. and Merlin Jutzi pay fair market value, as determined by the City's Land Purchasing Officer for the parts of Maurice Street to be closed and title be taken in identical ownership as the abutting lands. It is the opinion of this Committee that approval of this application is proper planning for the City. 2. The Department of Planning and Development recommends: 1) That subject to the changes recommended in Sections 2, 3 and 4 below, Council approve Planning and Development Staff Report PD 94/114, 1995 -Post 1996 Staging of Development Report dated November 4, 1994. Further, all additional requests received for advancement in the Municipal Draft Plan Approval date or 1995 Priority not be supported. 2) That the following requests be added to the Staging of Development Report: a) That the property described as Block 69, R.P. 1738, (Bankside Drive) owned by Cybau Holding Inc. be added as Parcel #8A for Municipal Draft Approval 1995 - Priority B with the following information inserted: Linear Townhouse 31 Development Charge Expenditure $0 Development Charge Revenue $150,000 Park Frontage City Cost $0 Expected Development 1995 Servicing Comments: Subject to conditions of the Detweiler Creek Master Drainage Plan. Timing Comments: None. b) That the property described as Part Lot 118, German Company Tract, (Old Chicopee Dr.) owned by Bost Holdings be added as Parcel #71A for Municipal Draft Approval 1995 - Priority A with the following information inserted: Single Detached Development Charge Expenditure $0 Development Charge Revenue Park Frontage City Cost Expected Development S 11 and L2 $5O,OOO $0 1996 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 2. (Cont'd) Servicing Comments: Requires contribution for their fair share of Ottawa Street Trunk Sewer. Dependent upon servicing and DECEMBER 19, 1994 COUNCIL MINUTES - 671- CITY OF KITCHENER COUNCIL MINUTES DECEMBER 19, 1994 - 671- CITY OF KITCHENER 3) 4) REPORTS ADOPTED BY COUNCIL development of Old Chicopee Estates #71 to proceed first. Subject to conditions of Idlewood Creek Master Drainage Plan. Timing Comments: None. c) That the property described as Blocks 125 and 128, R.P 1647 (Corfield Dr.) owned by ICI Realty be added as Parcel #72A for Municipal Draft Approval 1995 - Priority B with the following information inserted: Single Detached Development Charge Expenditure $0 Development Charge Revenue Park Frontage City Cost Expected Development S 40, M 5, and L 1 $200,000 $0 1995 Servicing Comments: Subject to conditions of Idlewood Creek Master Drainage Plan. Timing Comments: Will require amendment to the Grand River South Community Plan to allow lower density. That the following requests be advanced in the Staging Report: a) That the request from Stoltzland Farms Ltd. be supported and that Parcel #3 be advanced from Post 1996 to Municipal Draft Plan Approval 1996; b) That the request from Bauman, Keller and Highland West Development be supported and that Parcel #4 be advanced from Post 1996 to Municipal Draft Plan Approval 1995 - Priority C and that the Expected Development date be advanced from 2002 to 1996; c) That the request from 1071745 Ontario Ltd. be supported and that Parcels #5 and #6 be advanced from Post 1996 to Municipal Draft Plan Approval 1996 and that the Expected Development date be advanced from 2002 to 1997; d) That the request from 346874 Ontario Ltd. (Dawn-Glo Leather and Stables) be supported and that Parcel #60 be advanced from Post 1996 - to Municipal Draft Plan Approval 1995 - Priority C; e) That the request from Huron Woods Development be supported and that Parcel #E be advanced from 1996 to Municipal Draft Plan Approval 1995- Priority B; and f) That the request from Huron Woods Development be supported and that Parcel #1 be advanced from Post 1996 to Municipal Draft Plan Approval 1996. That the following text changes associate with the respected Land Parcel #'s in the Staging Report be approved: PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 2. (Cont'd) Parcel #4 - Bauman, Keller and Hi.qhland West Developments DECEMBER 19, 1994 COUNCIL MINUTES - 67~- CITY OF KITCHENER COUNCIL MINUTES DECEMBER 19, 1994 - 67~- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That reference to the Traffic Study in the Timing Comments be revised as follows: "Draft Approval of this application is considered premature until the completion of a Traffic Study at the owner's expense addressing the need for the construction and/or extension of Ira Needles Blvd. and/or Victoria St." And that reference in the Timing Comments of the extension of sewers through Monarch, Parcel #8 be deleted. Parcel #5 - 1071745 Ontario Ltd. Parcel #6 - Hiqhland West Developments That reference to the Traffic Study be added and the Timing Comments be revised as follows: "Draft Approval of an application for this land is considered premature until the completion of a Traffic Study at the owner's expense addressing the need for the construction and/or extension of Ira Needles Blvd. and/or Victoria St." And that reference in the Timing Comments of the extension of sewers through Monarch, Parcel #8 be deleted. Parcels #16, #17, #18 - Activa Development Corporation That the ownership of the three Parcels be noted as "Activa Development Corporation" instead of Cybau Holdings and that the map be corrected to reflect Parcel #18 as being potential Municipal Draft Plan Approval 1996. Parcel #36 - 673099 Ontario Limited That under Timing Comments, the word "with" in the last sentence be changed to "until". Parcels #36 and #37 - 673099 Ontario Ltd. That the request that Parcels #36 and #37 be consolidated as one subdivision plan be supported and scheduled for potential Municipal Draft Plan Approval 1996. Accordingly, Parcel #37 shall be eliminated. Further, that the following phrase be added to the end of the Timing Comments as follows: "That a plan of subdivision be considered for the entire land holdings and that the development of lands will likely take place in stages as land is located within two drainage sheds." Parcel #36 - 673099 Ontario Limited Parcel #40 - Hallman Aberdeen Parcel #42 - Caryndale Development Parcel #43 - Caryndale Development PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 2. (Cont'd) That reference to the "interim intersection" of Homer Watson/Huron Road in the Timing DECEMBER 19, 1994 COUNCIL MINUTES - 673- CITY OF KITCHENER COUNCIL MINUTES DECEMBER 19, 1994 - 673- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Comments be changed to "ultimate intersection". Parcel #52 - Monarch Construction (Stage III) That under Servicing Comments the words "possible extension" in the third sentence be changed to "possible diversion". Parcel #60 Parcel #61 Parcel #62 Parcel #63 Parcel #64 Parcel #65 - 346874 Ontario Ltd. (Dawn-Glo Leather and Stables) - Pincott - JHS Properties - Maple Manor - Krisanderson Developments Ltd. - Kirkpatrick That reference to the Fire Station Location Study in the Timing Comments be revised as follows: "Subdivision will be considered premature until the Fire Station Location Study is revisited and facilities for adequate fire responses are planned and approved by Council as part of the 10 Year Capital Budget or alternatively, alternative means of providing adequate fire prevention and fire suppression services are provided including consideration of agreements with adjacent municipalities." Parcel #71 - Old Chicopee Estates That the request that the Timing Comments pertaining to "construction being delayed" be deleted. Further, that the following phrase be added to the end of the Timing Comments as follows: "Subject to consideration of request to reduce single detached lot sizes along a portion of Daimler Drive extension." Parcel #74 - Jones Parcel #75 - 456941 Ontario Inc. Parcel #76 - 583018 Ontario Ltd. (Fun,q) Parcel #77 - Teakwell Hodlinqs Parcel #78 - Woolner Parcel #79 - Grand River Conservation Authority Parcel #80 - Rockway Holdin,qs Parcel #81 - 509132 Ontario Ltd. Parcel #82 - Northlake Homes Parcel #83 - Hallman Brierdale Parcel #87 - 757173 Ontario Ltd. That reference in the Timing Comments to the Fire Station Location Study and its requirements be deleted. Parcel #101 - Activa Holdinq Inc. and Southstaton Holdinqs Ltd. That Activa Holding Inc. and Southstaton Holdings Ltd. properties be identified separately as land Parcels #101 and #101A; and that the request for the advancement of the Expected Development year be supported to 1999 for both parcels. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 2. (Cont'd) DECEMBER 19, 1994 COUNCIL MINUTES - 674 - CITY OF KITCHENER COUNCIL MINUTES DECEMBER 19, 1994 - 674- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Parcel//100 - Barnhardt et al Parcel #101 - Activa Holdinq Inc. and Southstaton Holdinqs Ltd. That reference to the Fire Station Location Study in the Timing Comments be revised as follows: "Subdivision will be considered premature until the Fire Station Location Study is revisited and facilities for adequate fire responses are planned and approved by Council as part of the 10 Year Capital Budget or alternatively, alternative means of providing adequate fire prevention and fire suppression services are provided including consideration of agreements with adjacent municipalities." Parcel F - Breslau Farms Limited That reference to "Kimmel Road Extension" under the description, be deleted. That effective January 1, 1995, the fee for the Planning Applications listed below be increased in the amounts indicated and that Section 380.1.1 of Chapter 380 of the Municipal Code (Tariff of Fees) be amended accordingly, where applicable. Municipal Plan Amendment: From $575.00/Application To $625.00/Application Zonin,q By-law: From $500.00/Application To $550.00/Application (plus $125.00/Sign where standard City Notice Sign required) Zonin,q By-law for Subdivision: From $500.00/Application plus $50.00/hedare to a maximum of $2,000.00 To $550.00/Application plus $50.00/hedare to a maximum of $2,000.00 Part Lot Control Exemption: From $70.00/First Lot or Block plus $55.00/each new Lot or Block created To $75.00/First Lot or Block plus $55.00/each new Lot or Block created Site Plan Control: From $70.00/Application To $70.00/Stamped Plan Approval $35.00/Revision to Site Plan $150.00/Full Site Plan $100.00/Site Plan Submitted on CAD Diskette PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) DECEMBER 19, 1994 COUNCIL MINUTES - 675- CITY OF KITCHENER COUNCIL MINUTES DECEMBER 19, 1994 675- CITY OF KITCHENER 3. (Cont'd) REPORTS ADOPTED BY COUNCIL Letters of Compliance: From $55.00/Inquiry or $100 for verbals requested within 15 business days of City's receipt of Inquiry To $60.00/Inquiry or $100.00 for verbals requested within 15 business days of City's receipt of Inquiry Demolition Control: From $60.00/Application To $100.00/Application Si,qn Permits: Chan,qe of Use Permit Permanent (Ground/Pylon/Fascia) Sign - From $55.00/Sign To $55.00/Sign for Fascia, Canopy, Projecting $75.00/Sign for Ground, Pylon $100.00/Sign for Billboard, Roof $200.00/Application (As Amended) COMMUNITY SERVICES COMMITTEE - That the 1995 fees and charges for the Parks & Recreation Department, as presented to the Community Services Committee on December 12, 1994, be approved. That an exclusive art exhibition program be established in the Caucus Room; with experienced and emerging artists from Waterloo Region being invited to submit a Call For Entry. That the Parks & Recreation Department continue to meet with staff of the City of Waterloo's Community Services Department, the Kiwanis and the Grand River Conservation Authority with the goal of developing a suitable agreement by which Kiwanis Park may be opened and operated in 1995 under a partnership arrangement; and That the partnership must include all the parties mentioned above to proceed; and further That staff include any anticipated costs of this partnership in their 1995 operating budget projections. That we approve the request of the Waterloo-Wellington Chapter of the Kidney Foundation of Canada for an in-kind facility rental grant in the amount of $200.00 for their use of the Victoria Park Pavilion on December 26, 1994. That we approve the request of the Kitchener-Waterloo Leukemia Association (K-W Kids with Cancer) for an in-kind facility rental grant in the amount of $264.14 for their use of the Lions Arena on Sunday December 11, 1994. COUNCIL MINUTES DECEMBER 19, 1994 - 676- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE (CONT'D) - That we contribute $2,500.00 towards the cost of ground transportation for the 1994-95 Canadian Hockey League All-Star Game, which will be played at the Kitchener Memorial Auditorium Complex on Tuesday January 31, 1995; and further That should a profit from this event be realized, the money, to a maximum of $2,500.00, be returned to the grant account. That we approve the request of Team Ontario '95 Ringette for a travel assistance grant in the amount of $400.00 to assist 4 of the team members to travel to Grand Prairie, Alberta, in February 1995, to participate in the Canada Winter Games. That we approve the request of the Parents of the 38th Kitchener Boy Scouts for an in-Kind facility rental grant in the amount of $410.00 for use of the Victoria Park Pavilion on February 25, 1995. That diamond no. 5 at the Southwest Kitchener Optimist Sportsfield be named the "John Hutton" Diamond; and That an identification marker, the design, content and location of which shall be mutually agreeable to the City and the Optimist Club of Southwest Kitchener, be prominently displayed at this diamond; and further That this marker include his name and the years Mr. Hutton was an active member of the Optimist Club of Southwest Kitchener, being 1978-1994 inclusive. 10. That Council approve a two (2) payment option for the 1995 Fees and Charges relative to the Kitchener Farmers' Market vendors so as to generate 2% overall increase in rental renewal, as outlined in the report from Mr. K. Baulk dated December 13, 1994. ENVIRONMENTAL COMMITTEE - That Councillor T. Galloway be appointed Chairman of the Environmental Committee for a term to expire November 30, 1995. That Councillor Jake Smola be appointed Vice-Chairman of the Environmental Committee for a term to expire November 30, 1995. 3. That the following meeting dates of the Environmental Committee in 1995 be approved: Wednesday January 18 Wednesday July 5 " February 1 " September6 " March 1 " " April 5 " " May 3 " " June 7 October 4 November 1 December 6 That Clause #2 of the Environmental Committee Terms of Reference approved by City Council September 26, 1994 be amended by deleting item 2.4 which reads: "To promote and initiate the development of short-term, intermediate and long-term corporate environmental programs." and substituting the following in place thereof: "To develop short-term, intermediate and long-term environmental programs for the City." DECEMBER 19, 1994 COUNCIL MINUTES - 677- CITY OF KITCHENER COUNCIL MINUTES DECEMBER 19, 1994 - 677- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL ENVIRONMENTAL COMMITTEE (CONT'D) - That revised Terms of Reference of the staff Environmental Study Group established under the Strategic Plan For The Environment, be approved, as outlined hereunder: 1.0 PURPOSE 1.1 To study and make recommendations to the Environmental Committee on the Strategic Plan for the Environment including: a) b) c) d) e) Environmental Mission Statement City Environmental Philosophy or Principles Environmental Main Functional and Key Activity Areas Establishment of Strategic Priorities including ongoing review and update Implementation Strategy (including: Priorities; Timing; Staff; Capital Operating Funding; Maintenance; and, Enforcement Program). and 1.2 To function as a vehicle to keep City Staff and the Environmental Committee fully informed in regard to: a) The maintenance, review and implementation of the City's Environmental Strategic Plan. b) To educate and inform City residents, Staff and the Environmental Committee in regard to environmental matters and activities throughout the Region, the Province and the Country. c) The promotion of environmental awareness through community outreach programs. d) To assist the Environmental Committee in the promotion and initiation of the development of short-term, intermediate and long-term community based environmental programs. 2.O SCOPE 2.1 The Environmental Study Group will consider environment in its broadest possible terms. As such, the Group's 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. 3.0 MEMBERSHIP AND ORGANIZATION 3.1 Membership on the Committee will be open to all City Departments but will be limited to three (3) representatives from a Department. 3.2 The Chairman of the Environmental Study Group will be the Assistant General Manager of Planning and Development. 3.3 Minutes will be taken at each meeting relating only to actions required and documentation of major outstanding concerns or issues. 3.4 Secretarial services for the Environmental Study Group will be provided by the Department of Planning and Development. 3.5 Meetings will be held as needed at the call of the Chairman. DECEMBER 19, 1994 COUNCIL MINUTES - 678- CITY OF KITCHENER COUNCIL MINUTES DECEMBER 19, 1994 - 678- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL ENVIRONMENTAL COMMITTEE (CONT'D) - 5. (Cont'd) 4.0 ROLE AND FUNCTION 4.1 The Environmental Study Group will report to City Council through the Environmental Committee. 4.2 Decisions of the Environmental Study Group will be arrived at by consensus. Those not in agreement with the consensus of the Group must outline in specific terms where they are in disagreement and why. If the Group is unable to accommodate these areas of disagreement, the Group recommendation together with the documented areas of disagreement will be forwarded to City Council through the Environmental Committee. 4.3 The Environmental Study Group will from time to time create Working Committees as required and will set terms of reference for such Working Committees. That the Environmental Committee hold a public "environmental workshop or visioning session" on Saturday March 25, 1995 in connection with the Committees' review of the City of Kitchener Strategic Plan for the Environment, and further, That Mr. B. Stanley, Assistant General Manager, of the Department of Planning and Development be requested to develop a draft visioning program for consideration by the Committee at its January 18, 1995 meeting. That we approve the following monthly Timetable for review of each "Main Functional Area" of the Strategic Plan for The Environment with adjustment only if necessary: Monthly Meetinq Main Functional Area January, 1995 - February, 1995 - March, 1995 - April, 1995 - May, 1995 - June, 1995 Energy Systems Land Resources Water Resources Waste Management Resource Consumption, Pollution and Environmental Interference Natural Areas That Mr. T. Clancy, General Manager of the Department of Parks and Recreation be requested to arrange for preparation of a special invitation to the media to attend the Committee's January meeting relative to review of the "Energy Systems" Main Functional Area, as well as preparation of a press release following the meeting. That the Region of Waterloo be requested to provide the City of Kitchener with a draft of the "Regional Review of Waste Management" in order that the City's Environmental Committee have the opportunity to consider the document and to prepare a submission to the Region, prior to consideration of the Waste Management Review by Regional Committee and Council. FINANCE AND ADMINISTRATION COMMITTEE - 1. That the Mayor and Clerk be authorized to execute a rental agreement expiring December 31, DECEMBER 19, 1994 COUNCIL MINUTES - 679- CITY OF KITCHENER COUNCIL MINUTES DECEMBER 19, 1994 - 679- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 1995 with Ministerial Associates (Kitchener) Inc. involving use of the Heritage Room or other suitable accommodation in City Hall for the strict purpose of performing wedding ceremonies. Such arrangement would be in effect 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 $1,000.00 payable as a security deposit upon agreement and $1,000.00 payable on or before each month in advance. FINANCE AND ADMINISTRATION COMMITTEE (CONT'D) - That no action be taken on the request of Mr. Jorge Espinoza that penalty charges applicable to 215 McGarry Drive as a result of property tax arrears in the years 1992, 1993 and 1994 be waived. That the K-W Sertoma Speedskating Club not be allowed to apply for one bingo event in the month of January, 1995. That effective January 1, 1995, a licence fee of $100.00 be approved in 1995 for persons who carry on the Business of Leasing Portable Signs. That Kitchener City Council approve the appointment of Al Asmussen, Ben Bridges, Carmen Caccioppoli, Herb Hoegler, Stuart Janzen, Patricia Weber, Robert Ziegler to the Belmont Improvement Area Board of Management for a term of three (3) years, expiring November 30, 1997. That the Marketing Report of Wright/Mogg and Associates dated October 17, 1994 be accepted and the recommendations therein take effect on January 1, 1995, namely: a) Sun Life be retained as the insurance carrier for both Group Life and Long Term Disability Plans; b) Blue Cross be retained as the carrier for both Extended Health Care and Dental Plans; c) Signa Life be retained as the new carrier for the City's Accidental Death and Dismemberment coverage; d) funding arrangements with the City's carriers continue as recommended in the report. That the City of Kitchener's banking services be awarded to the Bank of Montreal for the years 1995 through to December 31, 1997 as per the Bank of Montreal Proposal dated November, 1994. (Dealt with under Delegations). That the sale to Prag Services Inc. of the lot on Betzner Avenue having a frontage of 53 feet by a depth of 120 feet described as Lot 211 and Part of Lot 210, Plan 303 be concluded at a price of $33,000.00 with no allowance for legal fees and disbursements and on the basis that the property be accepted as is by the Purchaser, and further, That the Mayor and Clerk be authorized to execute the conveyance to Prag Services Inc. as prepared by the City Solicitor, and also conveyances to abutting owners of a 7 foot wide strip of land subject to an Easement in favour of Bell Canada. LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE (November 4, 1994) - That pursuant to Section 33 of the Ontario Heritaqe Act, the request of the Waterloo County Board of Education to alter the designated property known as Suddaby School by replacing ten additional windows at the rear of the building with aluminum windows be refused. DECEMBER 19, 1994 COUNCIL MINUTES - 680- CITY OF KITCHENER COUNCIL MINUTES DECEMBER 19, 1994 - 680- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL (Dealt with under Delegations and motion Lost) LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE (December 9, 1994) - That Councillor M. Wagner be appointed chairman of the Local Architectural Conservation Advisory Committee for a term to expire November 30, 1995. LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE (December 9, 1994) (CONT'D) - That Mr. V. Tarbutt be appointed vice-chairman of the Local Architectural Conservation Advisory Committee for a term to expire November 30, 1995. That pursuant to Section 29 of the Ontario Heritaqe Act R.S.O. 1990, the Clerk be directed to publish a Notice of Intention to Designate the property municipally known as 30 Francis Street as being of historic and architectural significance with the specific features of the designation being those outlined in the report prepared by Ms. S. Burke and presented to the Local Architectural Conservation Advisory Committee on December 9, 1994. (Dealt with under Delegations, action deferred and referred to January 23, 1995 Council Meeting) PUBLIC WORKS & TRANSPORTATION COMMITTEE - That the City of Kitchener waive its normal procedure for the selection of consultants and retain M.T.E. Consultants Inc. as our Engineering Consultant for the design, contract administration and inspection of Strasburg Road from its present terminus to Templewood Drive in Aberdeen Estates North Subdivision (30T-88007) and also the Middle Strasburg Trunk Sanitary Sewer as it affects the same subdivision. That parking be prohibited on the north side of Heritage Drive from Keewatin Avenue to a point 66 metres east thereof, and further, That the Uniform Traffic By-law be amended accordingly. That parking be prohibited on the west and east side of Second Avenue from Connaught Street to a point 42 metres north thereof, and further, That the Uniform Traffic By-law be amended accordingly. That parking be prohibited on the odd numbered side of Leonard Street from Edwin Street to Oxford Street, and further, That the Uniform Traffic By-law be amended accordingly. That a School Bus Loading Zone be created on the south side of Patricia Avenue, 73 metres east of Highland Road to a point 38 metres east thereof, to accommodate two full sized school buses, and further, That the Uniform Traffic by-law be amended accordingly. COUNCIL MINUTES DECEMBER 19, 1994 -681 - 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. Industrial Land Covenants It was resolved: "That the City confirms that the property described as Parts 14, 15 & 16 on Reference Plan 58R-1111 and municipally known as 50 Steckle Place complied on December 19, 1994 with the restrictive covenants set out in Instrument No. 707726; And that the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all rights of the City contained in paragraph 5.(b) of Schedule "A" to Instrument No. 707726 respecting the said property." - and - "That the City consent to a transfer from WKS Developments Limited to Paul Albert Zuzan of the property described as Unit 2, Level 1, Waterloo North Condominium Corporation No. 199 and municipally known as 2-38 McBrine Place, Kitchener." 2.Licences It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Kitchener Oktoberfest Lions Club, to conduct a Monte Carlo event at Jacob's, 15 Scott Street, Kitchener on January 27-29, 1995 inclusive." - and - "That the City of Kitchener has no objection to the Knights of Columbus, Council No. 9276, c/o St. Mark's Church, 55 Driftwood Drive, Kitchener, Ontario, N2N 3A2, being granted permission to sell tickets in the City of Kitchener for the Knights of Columbus Ontario State Council's Annual Charity Car Draw to be held at the Regal Constellation Hotel, 900 Dixon Road, Etobicoke, on May 20, 1995." - and - "That the City of Kitchener has no objection to the Children's Hospital of Western Ontario Foundation, 406-746 Base Line Road East, London, Ontario, N6C 5Z2, being granted permission to sell tickets in the City of Kitchener, through various financial institutions, for the Children's Miracle Network Telethon, for a Raffle to be held at the Children's Hospital of Western Ontario, London, Ontario, at 3:00 p.m. on June 4, 1995. - and - "That the Tri-City Butler Dance & Cultural Association, 18 Chicopee Park Court, Kitchener, be granted permission to conduct bingos on an ongoing basis at 1356 Weber Street East, Kitchener." - and - COUNCIL MINUTES COUNCIL MINUTES DECEMBER 19, 1994 - 682- CITY OF KITCHENER COUNCIL MINUTES DECEMBER 19, 1994 - 682- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DECEMBER 19, 1994 -682 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 2. Licences (Cont'd) "That the City of Kitchener has no objection to a Provincial licence being issued to the Kitchener Oktoberfest Lions Club, to conduct a Monte Carlo event at Jacob's, 15 Scott Street, Kitchener on February 17-February 19, 1995 inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the K-W Minor Lacrosse to conduct a Monte Carlo event at the Holiday Inn, 30 Fairway Road, Kitchener on February 10-12, 1995, inclusive." The Committee was in receipt this date of a report from Mrs. J. Koppeser, Manager of Licensing, dated December 15, 1994 recommending endorsement of a Monte Carlo event licence. It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Waterloo Halton Region Royal Purple Lodge #356, 8-1200 Courtland Avenue East, Kitchener, to conduct a Monte Carlo event at Howard Johnson's, 1333 Weber Street East, Kitchener on February 3-5, 1995, inclusive." The Committee was in receipt this date of a background report from Mrs. J. Koppeser, Manager of Licensing, dated December 13, 1994 requesting direction on a licence application for a Monte Carlo event. The report notes that the organization is not Kitchener based and that the application is not supported by the Kitchener Dutchmen Jr. B Hockey Club. It was resolved: "That no action be taken on the request of the Waterloo Siskins Junior B Hockey Club respecting endorsement of their Provincial licence application for a Monte Carlo event to be held at the K-W Granite Club, 69 Agnes Street, Kitchener, on January 23-25, 1995, inclusive." 3. Minutes of Settlement It was resolved: "That the Mayor and Clerk be authorized to execute Minutes of Settlement dated August 17, 1994 among Hallman Idlewood Limited, the Regional Assessment Commissioner and the City to allow property on Lackner Boulevard under assessment roll number 30-12-060-016-24500- 0000 to change from separate school support to public school support." 4. Petition for Interim Payment It was resolved: "That the Mayor and Clerk be authorized to execute a petition for interim payment with the Ministry of Transportation under The Public Transportation and Highway Improvement Act on expenditures for the construction and maintenance of roads/streets - bridges/culverts DECEMBER 19, 1994 COUNCIL MINUTES - 683- CITY OF KITCHENER COUNCIL MINUTES DECEMBER 19, 1994 - 683- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL made in the year 1994 totalling $4,858,642." COUNCIL MINUTES DECEMBER 19, 1994 -683 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 5. Kitchener Downtown Business Association - Appointments It was resolved: "That we accept the appointment of Dave Mota, National Trust and Lisa DeLeon, Project Design Studio, to the Kitchener Downtown Business Association Board of Directors for a term to expire November 30, 1997." 6.Sidewalk Encroachment - WEST WARD It was resolved: "That the City Solicitor be directed to accept lands for a City sidewalk at 90 Mooregate Crescent in return for payment of $350.00 to Kubassek Homes (K-W) Ltd." 7.Pipe Crossinq Aqreement - BRIDGEPORT NORTH WARD It was resolved: "That the City of Kitchener accepts the pipe crossing agreement with C.N. Railway to permit the construction and maintenance of a pipe as shown in red on Plan #1078 sheet 3 of 5 revised May 1994 and sheet 5 of 5 dated May 1994 and attached to the crossing agreement. The cost of this agreement during the first 10 years is $1,750.00 plus G.S.T." 8. Banner Request It was resolved: "That the Rotary Club of Kitchener be granted permission to have a banner erected on King Street at Rockway Gardens from Monday, February, 6, 1995-Sunday, February 26, 1995 inclusive in conjunction with Rotary Week and its 90th Anniversary celebrations. Further, that arrangements be made with the City's Contractor for erection of the banner and the payment of any costs associated therewith." 9. Encroachment Aqreement - FAIRVIEW WARD It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with Dare Foods Limited to legalize the existing encroachment of a 600 volt service cable under Ninth DECEMBER 19, 1994 COUNCIL MINUTES - 684 - CITY OF KITCHENER COUNCIL MINUTES DECEMBER 19, 1994 - 684- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Avenue and to permit the installation of a fibre optics cable and a 50 pair copper cable under Eighth Avenue." 10. Extension of Lease - SOUTH WARD Councillor T. Galloway pointed out that the November 28, 1994 date referenced in the recommendation is incorrect and should read December 15, 1995. He also pointed out that the recommendation should indicate that rent is to be paid to December 31, 1995. Mr. J. Shivas clarified that the lease document itself contains the proper dates. COUNCIL MINUTES DECEMBER 19, 1994 -684 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 10. Extension of Lease - SOUTH WARD (Cont'd) It was resolved: "That the Mayor and Clerk be authorized to execute a renewal of lease dated December 15, 1995, of lands on Trillium Drive adjacent to Huron Industrial Park, with Kitchener Asphalt Limited for a term to expire December 31, 1995, at rent of $2,200.00 per month and subject to no further renewal." 11 .Committee of Adiustment - Siqn Variance - SOUTH WARD Dealt with under delegations. 12.Committee of Adiustment - Siqn Variance - FAIRVIEW WARD Councillor J. Ziegler expressed concern that the subject property, Weiland Ford Sales, is presently over- signed and noted that mobile sign restrictions can be circumvented by converting these to permanent ground signs. He suggested that these concerns should be looked at in future. Mr. T. McCabe responded that conversion is an option as long as the sign complies with the 10 metre setback, noting that many businesses are converting portable signs to permanent signs. He also added that there are restrictions on the number of ground signs based on the amount of frontage of the subject property. It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of November 22, 1994, recommending approval of Submission No. S 9/94 - Weiland Ford Sales - Be Ratified and Confirmed." 13. Tenders Dealt with under delegations. 14.Ontario Hydro - Proposed Easement - FAIRVIEW WARD COUNCIL MINUTES DECEMBER 19, 1994 - 685- CITY OF KITCHENER COUNCIL MINUTES DECEMBER 19, 1994 - 685- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL It was resolved: "That the City purchases from Ontario Hydro for the sum of $6,750.00 plus G.S.T. a permanent easement over land described as Part of Lots 14 and 19, Registrar's Compiled Plan 1482 and Part of Lot 7, Municipal Compiled Plan 757 designated as Part 1 on Reference Plan 58R-8316 and Parts 1 and 2 on Reference Plan 58R-8317." 15.I.A.T.S.E. Local #357 Collective Agreement It was resolved: "That Council approve the terms and conditions contained in the Memorandum of Settlement dated November 3, 1994 in connection with Local #357 of the International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada. Further, that the Mayor and Clerk be authorized to execute any documentation arising therefrom." 16. New Year's Levee Dealt with under Committee Reports (Community Services Committee). COUNCIL MINUTES DECEMBER 19, 1994 -685 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 17.Waterloo Reqion Roman Catholic Separate School Board - Kitchener Public Library Board Appointment The Committee was in receipt of a report and recommendation from Mr. L.F. Parkhouse dated December 15, 1994. It was resolved: "That Kitchener City Council accept the recommendation of the Waterloo Region Roman Catholic Separate School Board and appoint Mr. Bruce MacNeil to represent that Board on the Kitchener Public Library Board for a term of three (3) years, expiring November 30, 1997." 18.Applications for Cancellation, Refund, Reduction or Levy of Taxes - December 19, 1994 Hearing It was resolved: "That the applications attached hereto and forming part of these minutes relative to cancellation, refund, reduction or levy of taxes be disposed of as recommended therein." 19. Encroachment Agreement - 59 Frederick Street (Ontario Business College) The Committee was in receipt of a report and recommendation from Ms. L. MacDonald, Assistant City Solicitor, dated December 13, 1994. It was resolved: COUNCIL MINUTES DECEMBER 19, 1994 - 686- CITY OF KITCHENER COUNCIL MINUTES DECEMBER 19, 1994 - 686- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owners of Ontario Business College, 59 Frederick Street, to legalize an existing fascia sign and canopy with signage as they encroach onto the Frederick Street and Duke Street road allowances, subject to the Regional Municipality of Waterloo's approval." 20.City Hall Clock Tower Reconstruction It was resolved: "That we gratefully accept the offer of the Waterloo Wellington Dufferin and Grey Trades Council, Conestoga College and Human Resources Development Canada to reconstruct the previous City Hall Clock Tower within their Construction Estimating Program at the Gaukel Street entrance into Victoria Park, and further, That we gratefully accept the offer from Kathi Smith to Chair and initiate the Community Fundraising Campaign relative to the reconstruction of the said Clock Tower."