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HomeMy WebLinkAboutCouncil Minutes - 1995-06-19COUNCIL\1995-06-19 JUNE 19, 1995 COUNCIL MINUTES CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillor B. Vrbanovic. The meeting began with the playing of "O Canada" by the "After Eight" Acappella Group under the direction of Shelley Kropf. Mayor R. Christy thanked the Group for their rendition. On motion by Councillor John Smola, the minutes of the regular meeting held June 5, 1995 and the special meeting held June 12, 1995, as mailed to the Mayor and Councillors, were accepted. Mr. T. McKay outlined the National Award Program co-sponsored by the Canadian Association of Municipal Administrators (CAMA) and the Royal Bank of Canada. He announced that the National Environmental Award had been presented to the City for the Huron Environmental Area Co-operative Project and in referring to the jury comments noted that the project successfully preserves "an important environmental resource, while respecting legitimate development rights and avoiding unsupportable public investments." Mr. McKay presented an Award plaque to Mayor R. Christy, Councillor T. Galloway and Mr. T. Clancy. Councillor T. Galloway stated that he was proud of the Award and acknowledged the efforts of the Parks & Recreation Department and in particular their General Manager, T. Clancy. He also acknowledged the co-operation and assistance provided by the Waterloo County Board of Education, the Roman Catholic Separate School Board and the project Steering Committee. Councillor Galloway advised that letters patent had recently been issued and that a fundraising program will be launched later this year. Mayor R. Christy thanked Councillor Galloway, staff and the citizens participants on behalf of Council. Mr. T. McKay advised that the award jury also recommended a number of Distinguished Achievement Awards, one of which was presented to Kitchener for development of an Infrastructure Planning and Scheduling Model known locally as the Staging of Development Report. Mr. McKay presented a certificate in this regard to Mayor R. Christy and Mr. T. McCabe. Mayor Christy thanked Mr. McCabe and his staff on behalf of Council and pointed out that receipt of such awards acknowledges the stature and expertise of municipal staff. Mr. Ron Charie, General Manager, Kitchener-Wilmot Hydro was in attendance and presented a cheque in the amount of $25,000 to Mayor R. Christy representing a 1995 contribution toward the Hydro Corridor Planting Program. Mayor Christy thanked the Hydro Commission for their contribution and accepted the cheque on behalf of Council. Mayor Christy announced the recent re-election of Councillor C. Weylie to the National Board of Directors for the Federation of Canadian Municipalities and extended the congratulations of Council. Councillor Weylie thanked Council for its support and referred to an upcoming national meeting of the Board of Directors to be held in Kitchener, December 6-9, 1995. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation to answer any questions regarding the tenders listed on the Committee of the Whole agenda this date. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That tender T95-26, Dekay Street Reconstruction (Shanley Street to Peltz Avenue), be awarded to J. Weber Contracting Limited, Breslau, Ontario at their tendered price of $656,656. (including G.S.T. and P.S.T.)" - and - "That tender T95-36, Highway Coarse Salt, be awarded to Sifto Canada Inc., Mississauga at their tendered price of $670,950., taxes included." - and - "That tender T95-40, six (6) - 5,216 kg (11,500 lb) G.V.W. Dual Rear Wheel Modified Mini Buses, be awarded to Pearson Bus Sales Ltd., Tilbury, Ontario at their tendered price of $369,768., less $300. per bus volume discount, plus optional AM/FM radios, G.S.T. and P.S.T." COUNCIL MINUTES JUNE 19, 1995 - 969- CITY OF KITCHENER Carried. Fire Chief J. Hancock introduced Mr. Chris Van Bargen of the Kitchener Fire Department, who was in attendance to outline the recently adopted "Wellness Program". Fire Chief Hancock advised that the Program originated during 1992 contract negotiations wherein the City proposed mandatory fitness requirements and a joint labour/management committee was struck to evaluate proposals. Mr. Van Bargen gave a video presentation outlining the "Wellness Program" and its holistic approach to health and fitness. He referred to the nine units of the Program which he described as yielding lifelong improvements of benefit to the Corporation, including: reduced Workmen's Compensation Board claims and legal liabilities; reduced insurance costs and premiums; fewer accidents; enhanced productivity; improved public image; and, reduced absenteeism. Mr. Van Bargen also noted that the Capital Budget outlay for the program was just under $60,000 and that the firefighters themselves contributed approximately $30,000 toward the program. In response to a question from Councillor K. Redman, Mr. Van Bargen advised that the bulk of the Program is run by six firefighters who are certified fitness appraisers and conduct various tests. It was also noted that training is mandatory and that staff are monitoring use and absenteeism rates. Councillor Redman commended Mr. Van Bargen on the efforts of Fire Department staff and the balanced approach they have taken to health and fitness. Councillor T. Galloway enquired whether such a program would be transferrable to other City departments which have a significant physical component to their jobs. Councillor J. Ziegler suggested that discussion in this regard should take place at the Public Works Committee. Mayor R. Christy asked that this take place at the appropriate standing committee. Moved by Councillor M. Yantzi Seconded by Councillor C. Weylie That the report of the Planning and Economic Development Committee of Council of this date be adopted. Mayor R. Christy enquired whether the billboard industry had been advised concerning the proposed changes involving sign location and application fees, and Mr. T. McCabe replied in the affirmative. In response to questions from Councillor J. Ziegler, Mr. McCabe advised that staff are planning a public meeting to further consider sign proposals and citizen input and that this meeting will be advertised and coincide with the August 14, 1995 Planning and Economic Development Committee meeting. Councillor Ziegler suggested that the regulations proposed by staff will alleviate many of the concerns raised by the public concerning the size and location of billboard signs. He offered the opinion that adjoining property owners should also be given an opportunity to comment on proposed sign locations and suggested that any members of the public who have concerns in this area come forward at the August 14, 1995 meeting. The report was then put to a vote and Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway That the report of the Community Services Committee of this date be adopted. Mr. Michael Sanderson appeared in his capacity as the Chair of the Technical Committee for the Rockway Lawn Bowling Club and in support of clause 1 which has the effect of relocating the Club to the Rosenberg Park Soccer Field. He extended his thanks to Council, the Community Services Committee and staff and advised that he is looking forward to development of the new site. Councillor Jake Smola thanked Mr. Sanderson and his Club for their co-operation in regard to the relocation and welcomed them to the Stanley Park Ward. Councillor T. Galloway indicated that though supportive of the move to Rosenberg Park, he remains concerned over the possible, future relocation of a fire hall to the site. Specifically, he suggested that the design of the lawn bowling facility should not preclude construction of a new fire hall on the site or otherwise cause the City to purchase additional lands. Councillor M. Wagner referred to a report from Mr. R. Arnot dated June 19, 1995 which was circulated JUNE 19, 1995 COUNCIL MINUTES -~70- CITY OF KITCHENER this date and relates to the impact of the planned relocation on Kitchener Minor Soccer. The report was then put to a vote and Carried. Councillor J. Ziegler noted that the June 7, 1995 Environmental Committee minutes incorrectly indicate that he was the Acting Chair. It was noted that though he attended the meeting, he did not act in this capacity. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler That the report of the Environmental Committee of Council of this date be adopted. At the request of Councillor T. Galloway, it was agreed to amend clause 3 of the report to add a third paragraph which though recorded in the minutes does not appear in the report before Council this date. Councillor M. Yantzi expressed his concern over opposition to the Region of Waterloo assuming full responsibility for all facets of Waste Management. Mayor R. Christy suggested that a copy of the resolution adopted by Council this date should be forwarded to Mr. John Sweeney as chairman of the Regional Review Committee. Councillor T. Galloway advised that this would be done after being combined with additional comments. The report was then voted on and Carried, as amended. Moved by Councillor J. Ziegler Seconded by Councillor Jake Smola That the report of the Finance and Administration Committee of this date be adopted. Councillor John Smola asked that Items 4 and 5 with regard to the Downtown Events Co-ordinator, be dealt with separately. He advised that he does not support the recommendation on the basis that only one new employee is required and that the second position could be filled by an existing staff person. Councillor Jake Smola also felt that part of this function could be performed by existing staff. Councillor M. Wagner advised that it was his recollection at the Committee meeting that the Downtown Events Co- ordinator was to report to the Manager of Arts, Culture and Special Events and asked that clause 4 be amended to so indicate. Mr. T. Clancy advised that he shares the concern expressed by Councillor Wagner and though the Downtown Events Co-ordinator would function differently from existing staff, the position would still report to the Manager referred to. It was agreed to amend clause 4 to indicate that the Downtown Events Co-ordinator would report to the Manager of Arts, Culture and Special Events. Councillor M. Wagner indicated that though he is still in favour of the position, it should be more independent and separate from the Parks & Recreation Department, possibly reporting directly to Council. He suggested that this will save money and allow the position to maintain its Downtown focus. He also noted that as recommended there will be numerous opportunities for overlap in work and communication and suggested that no action be taken as this time pending resolution of the reporting structure. Councillor T. Galloway indicated that though he supports the concept of the Downtown Events Co-ordinator, he is concerned over the level of staffing and support. In commenting on the proposed hiring of a full-time Events Co-ordinator and full-time Administrative Secretary, he noted that in the past the Kitchener Downtown Business Association (KDBA) has dedicated staff and other resources to Downtown events, and that in his estimation, transfer of this responsibility to the City should not preclude future assistance by the KDBA. Councillor Galloway also noted that he had received comments from citizens concerning the rate of salary proposed for the Administrative Secretary position. He offered the opinion that he feels this may be warranted since the Secretary will be functioning at a fairly high level and be taking on significant responsibilities, but for the same reason the Co-ordinator position does not require an additional full-time staff person. He referred to the pending vacancy in the part-time City Hall Events Co-ordinator position and suggested that this could be combined with additional part-time hours to create a combined full-time position which would be responsible for both City Hall and Downtown events. Councillor Galloway advised that in his experience, it is best to start small and grow as required, since it is more difficult to reduce staff positions once implemented. For these reasons he stated that he would not support the recommendation before Council this date. Councillor G. Lorentz advised that he has no problem with the recommendation, but suggested that the term of the contract could be shortened from two years to one year if appropriate. He reminded Council that they have already supported the recommendations of the Mayor's Task Force of which the JUNE 19, 1995 COUNCIL MINUTES - ~71- CITY OF KITCHENER Downtown Events Co-ordinator position forms a part. He pointed out that a great deal of time is required to organize a single special event and that three major events are proposed in each year. Councillor Lorentz suggested that Downtown events co-ordination should either be done properly and as proposed, or not at all. Concerning the comment that this position could function independently he questioned what would be done in the event the employee was absent, and noted that the current proposal would allow support from existing Parks & Recreation Department staff during illness, leave or vacation and would ensure continuity. He offered the opinion that the proposal outlined in clause 4 though expensive, is the most appropriate. Mayor R. Christy noted that he could understand the reluctance of some Council members regarding the position given that Recommendation No.26 of the Task Force dealing with a dedicated management structure has not been expanded to date. He noted that the Task Force was to have been here this date to explain the structure, but attendance was deferred to the July 4, 1995 meeting. Mayor Christy also questioned whether supervisory responsibility should rest with an existing staff person. He elaborated on the need for an individual who has experience in the promotions industry to ensure quality execution of events, as this position has the potential to increase the profile of the City. Mayor Christy expressed concern over voting on the motion before Council in the absence of elaboration on Recommendation No.26 and suggested deferral to the July 4, 1995 meeting. Councillor J. Ziegler agreed with the comments of Councillor Lorentz, noting that Council has already made a decision to proceed and that its protection as regards the Downtown Events Co-ordinator position is in the one year review and the two-year contract. He advised that he can support the recommendation at this time, and encouraged Council to remember that the cost of this position will pay in comparison with any increased task revenue. Moved by Councillor M. Wagner Seconded by Councillor Jake Smola That consideration of clauses 4 and 5 of the Finance and Administration Committee report of this date dealing with the establishing of a Downtown Events Co-ordinator position be deferred and referred to the July 4, 1995 Council meeting. Councillor G. Lorentz indicated that he would not support deferral on the basis that the delay is inappropriate and that Council should proceed tonight and give staff direction to draw up a position description and begin the interview process. Mayor R. Christy suggested that development of terms of reference and advertising need not await the July 4 meeting and that much of the administrative work could be done in the interim. Councillor Lorentz questioned whether a deferral motion would give staff the right to advertise and Mr. T. McKay replied that if the issue is deferred no advertisement would be placed until Council has dealt with the issue. He also noted that the terms of reference and job description have already been completed. Councillor K. Redman indicated that she would support a deferral motion on the basis that it would allow for receipt of additional information. Councillor M. Yantzi offered the opinion that a deferral would not aid in making a decision and that the only question outstanding relates to administrative structure. He advised that he would not support a deferral motion and suggested that clause 4 could be amended to indicate that the position would be established subject to a further Task Force recommendation concerning a dedicated management structure for Downtown improvements. Mayor R. Christy again referred to Task Force Recommendation No.26, noting that it is conceivable that the Manager of Arts, Culture and Special Events could report to the Downtown Events Co-ordinator. He advised that he has no problem approving the position in principle on the understanding that the management structure issue could be resolved at a later date. Councillor T. Galloway indicated that he supports a deferral and suggested that there should be further debate at the Committee level rather than at the regular July 4 Council meeting. Mr. T. McKay suggested that the issue could be dealt with at a special Council meeting on July 4 immediately preceding the regular meeting. The previous motion by Councillor M. Wagner, seconded by Councillor Jake Smola, to defer consideration of the Downtown Events Co-ordinator position to the Council meeting on July 4, 1995 was voted on and Carried, on a recorded vote. In Favour: Mayor R. Christy, Councillors M. Wagner, C. Weylie, K. Redman, T. Galloway, John Smola, Jake Smola and J. Ziegler. Contra: Councillors G. Lorentz and M. Yantzi. The balance of the Finance and Administration Committee report of this date was then voted on and JUNE 19, 1995 COUNCIL MINUTES -~7~- CITY OF KITCHENER Carried. 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 G. Lorentz referred to a recent article in the K-W Record which may have been misleading as regards proposed renovations to the Mayor's office area. Mayor R. Christy clarified that the renovations involved the secretarial area and not the Mayor's office proper. He explained that concerns had been expressed over hazards imposed by the design since there is no visibility from the individual work cubicles and in the absence of the receptionist, staff are not aware of individuals entering the Council wing. He noted that a recent theft in that area made it necessary to take action and Facilities Management staff were asked to develop a more open concept design to increase visibility. Mayor Christy added that contingency funds are available for modifications of this sort, which can arise in a newly constructed building. Councillor G. Lorentz referred to the recent election of two new members of the Provincial Parliament representing this area and suggested that a meeting be arranged in September to discuss issues of common interest. Mayor R. Christy pointed out that Councillor Redman had spoken to one of the two M.P.P.'s as regards the opening of a constituency office in the downtown. Councillor G. Lorentz invited Council, staff and Kitchener citizens to attend the official dedication ceremony for the reconstructed Clock Tower in Victoria Park at the base of Gaukel Street. The ceremony will be held on Saturday, July 1, 1995 at 11 a.m. at which time the clock will be officially started. He noted that funds are still needed to cover the cost of the project. Mayor R. Christy commended all those involved in the reconstruction of the Clock Tower on an outstanding job. Councillor M. Yantzi indicated that he had written a $100 cheque as a personal contribution toward the project and urged other members of Council to take similar action. Councillor J. Ziegler referred to previous instruction by Council to budget for no increase in the funds allocated to staff wages. He noted that the Social Contract expires in March of 1996 and that under its terms no retroactive adjustments are allowed for real or perceived losses. Councillor Ziegler pointed out that the new government is proposing a 30% tax reduction over a three-year period and that if this promise is kept, employees' taxes would be reduced and the corresponding flattening of the Consumer Price Index would likely compensate for any wage increase which could be considered at this time. Councillor Ziegler acknowledged that this idea requires further development and advised that he would draft a report in this regard. Councillor Jake Smola suggested that before any meeting is held with the new area M.P.P's, Council should meet with senior staff to identify the City's position with respect to Provincial initiatives and that no such meeting should be held without an agreed to plan. Councillor M. Wagner referred to a June 16, 1995 letter he had received from the Heart and Stroke Foundation concerning the annual Big Bike Ride for Stroke to be held on Tuesday, June 27, 1995. It was noted that Kitchener's portion of the Ride would commence at 5 p.m. and that approximately $3,500 was collected by the City of Kitchener last year for Stroke research. Councillor Wagner encouraged similar support in 1995. Councillor Jake Smola referred to the recently completed addition to the Kitchener Public Library and extended his personal thanks to Ms. M. Walshe, Chief Executive Officer, and Mr. L. Proulx of the City's Facilities Management Division for their work. At the request of Mr. L.F. Parkhouse, Deputy City Clerk, Council consented to the addition of two by-laws to the agenda for three readings this date; namely, a by-law respecting the appointment of staff and Provincial Offences Officers, and a by-law to amend various chapters of the Municipal Code respecting changes in staff titles due to departmental re-organization. Moved by Councillor Jake Smola Seconded by Councillor T. Galloway JUNE 19, 1995 COUNCIL MINUTES -~73- CITY OF KITCHENER That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to exempt a certain lot from Part Lot Control - Lot 9, Registered Plan 1799 - Briarfield Street (b) Being a by-law to amend By-law 85-1 - Valley Metal Products Ltd. - Hidden Valley Road - No.94/20/H/JG (c) Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement (d) To confirm all actions and proceedings of the Council (e) Being a by-law to amend Chapter 450 of the City of Kitchener Municipal Code with respect to Noise (f) Being a by-law to amend By-law 95-10 respecting the Appointment of Staff and Provincial Offences Officers (g) Being a by-law to amend various Chapters of the City of Kitchener Municipal Code and 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 Chair. 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 T. Galloway That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to exempt a certain lot from Part Lot Control - Lot 9, Registered Plan 1799 - Briarfield Street (By-law No. 95-91) (b) Being a by-law to amend By-law 85-1 - Valley Metal Products Ltd. - Hidden Valley Road - No.94/20/H/JG (By-law No. 95-92) (c) Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement (By-law No. 95-93) (d) To confirm all actions and proceedings of the Council JUNE 19, 1995 COUNCIL MINUTES -~74- CITY OF KITCHENER (e) (f) (g) (By-law No. 95-94) Being a by-law to amend Chapter 450 of the City of Kitchener Municipal Code with respect to Noise (By-law No. 95-95) Being a by-law to amend By-law 95-10 respecting the Appointment of Staff and Provincial Offences Officers (By-law No. 95-96) Being a by-law to amend various Chapters of the City of Kitchener Municipal Code (By-law No. 95-97) 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 Council amend conditions 5(c) and 5(d) of the Rental Housing Protection Act Agreement (Instrument No. 1191870) registered on the lands of 4 and 30 Avalon Place (Condominium Conversion Applications CD/92/001 and CD/92/002 under the R.H.P.A.) to read as follows: 5(c) If, at any time during the Five Year Rental Period, the Owner receives a bona fide, arms length offer to purchase an Existing Unit which the Owner is willing to accept and if the Tenant or Tenants of such unit have not waived their rights of first refusal pursuant to Section 5(b) above, the Owner shall notify the Tenant or Tenants of such unit by providing them with a true copy of the offer to purchase and the Tenant or Tenants shall have the right, during the ten (10) days immediately following receipt thereof, to purchase the unit by delivering to the Owner a signed offer to purchase for the price and upon the terms and conditions contained in the original offer, which the Owner shall accept immediately. The Owner shall provide proof of notification to the Policy, Research and Housing Division, either by a sworn affidavit of service or by a copy of the original offer to purchase signed by the Tenant as acknowledgement of receipt. 5(d) If the Tenant or Tenants do not deliver an offer to purchase to the Owner within the ten (10) days, the Tenant or Tenants shall be deemed not to have exercised the right of first refusal, and the Owner may accept the original offer to purchase. 2) That Council change the conditions of draft approval, as approved by Council on May 9, 1994, for Draft Plan of Condominium CDC 93/1/CL and 93/2/CL (Hummel Construction), as follows: That condition 2 as approved by City Council on May 9, 1994 be deleted and replaced with the following: "2. That the conditions attached to City Council's August 23, 1993 approval under the Rental Housing Protection Act as amended by PD report 95/26, approved by Council, be satisfied prior to release of the Plan of Condominium for final registration." That recommendations (a) to (e), as revised, of Planning and Development Staff Report PD 95/52, Billboard Signs - Proposed Modifications, and additional recommendation (h) be considered by Council after input from the public and sign industry; with the report and associated Sign By-law Amendments, referred to Planning and Economic Development Committee for consideration at a Public Meeting August 14, 1995; and further, That recommendations (f) and (g) of this report be approved and the Committee of Adjustment process and Tariff of Fees By-law be amended to reflect these proposed changes. (a) Ground billboard or pylon billboard signs be prohibited from Agricultural Zones. (b) Ground billboard or pylon billboard signs be located behind any required building line setback and erected in compliance with all other yard requirements as set out in the Zoning Bylaw. (c) That a maximum of one (1) billboard structure having a maximum number of two (2) sign faces, back to back or at 90° only, be erected on any one lot. (d) Ground billboard or pylon billboard signs be prohibited within the Huron Business Park, Bridgeport Business Park and Lancaster Corporate Centre. (e) Ground billboard or pylon billboard signs must be setback a minimum of 300 metres from the Huron Natural Area and the following Environmentally Sensitive Policy Areas; Doon Pinnacle Hill, Hidden Valley and Steckle Woods. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 2. (Cont'd) (f) That the current procedure of property owner notification as it relates only to Committee of Adjustment circulation for minor variance applications be re-affirmed. However, Council recommend to the Committee of Adjustment that the notification distance for billboard sign JUNE 19, 1995 COUNCIL MINUTES - ~76- CITY OF KITCHENER COUNCIL MINUTES JUNE 19, 1995 - ~76- CITY OF KITCHENER (g) (h) REPORTS ADOPTED BY COUNCIL variances be increased from 60.96 m (200 ft.) to 120 m (394 ft.) The application fee for a ground billboard or pylon billboard sign be increased from $100.00 per sign structure to $500.00 per sign structure. Ground billboard or pylon billboard signs must be separated by a minimum 300 metre distance rather than 100 metres in commercial and industrial zones. That council accept the following report on vacancy rates for information and direct staff to make the document available to C.M.H.C., the Ministry of Housing and those persons requesting information about the local housing market. COMMUNITY SERVICES COMMITTEE - That we support the location of a lawn bowling green on Rosenberg Park Soccer Field subject to staff developing an agreement, to be approved by Council, between the former Rockway Lawn Bowling Club and the City of Kitchener; and That a single green, portable building and related accessories be constructed in July for August seeding/sodding for playing during the later part of the 1996 season; and That the Bowling Club pay $40,000.00 over 10 years and develop a second green at their cost, in the future; and further That funding sources be investigated between the Parks & Recreation Department and the Commissioner of Finance to advance the $40,000.00 to the Club. 2. That the student coffee house be encouraged to proceed and that they seek the backing of a valid, recognized sponsor. That we approve an in-kind services grant for the Kitchener-Waterloo Hospital Centennial Committee in the amount of $200.00, to cover half the cost of renting 25 picnic tables from the City of Kitchener for their centennial celebrations scheduled for Saturday June 17, 1995. ENVIRONMENTAL COMMITTEE - That the following recommendations be referred to the Public Works & Transportation Committee for consideration at its June 26th meeting when the Waterloo Region Review - Solid Waste and Recycling is dealt with: (a) "That we strongly oppose the Region of Waterloo assuming full responsibility for all facets of waste management and recommend local municipalities retain responsibility for the garbage collection program". (b) "That at this time, no limit be placed on the amount of curbside residential garbage pick-up and that no user-pay fees be imposed for any excess residential garbage". ENVIRONMENTAL COMMITTEE - (CONT'D) That the "Huron Natural Area" project be submitted to the International Council for Local Environmental Initiatives World Secretariat as the City of Kitchener's 'Best Environmental Program" for inclusion in I.C.L.E.I.'s Biannual Members in Action Report. JUNE 19, 1995 COUNCIL MINUTES - ~77- CITY OF KITCHENER COUNCIL MINUTES JUNE19, 1995 - E77- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Whereas letters dated April 4, 1995 and May 8, 1995 directed to The Honourable Bob Rae, Premier of Ontario from Ball Packaging Products of Canada Inc. requested repeal of Ontario's "Environmental Levy"; That the City of Kitchener opposes an "Environmental Levy" only on one type of beverage container but rather supports there being similar refundable deposit requirements for all beverage cans, beverage bottles and beverage plastic containers, with all of the containers having the same refundable deposit varying only as to size of container, not to material of manufacture. And further that this resolution be sent to the Premier of Ontario, the Treasurer of Ontario, the Minister of Environment & Energy, the Minister of Economic Development & Trade, the Federation of Canadian Municipalities, Alcan Recycling of Canada and Ball Packaging Products Canada Inc. (As Amended) FINANCE AND ADMINISTRATION COMMITTEE - That Ms. Denise Strong and Ms. Anita Petsche-Good be appointed to the Downtown Improvement Area Board of Management for a term expiring November 30, 1997, to complete the unexpired terms of Ms Lisa DeLeon and Mr. Peter Van lersel, both of whom have resigned. 2. That Mr. Nelson Stead be appointed to the Property Standards Committee for the remainder of the term expiring November 30, 1995, to replace Mr. Branko Brkovitch who has resigned. 3. That the Fire Department be authorized to transfer $26,000.00 from the Salary Account to the Safety Equipment Account for the purchase of additional turn-out gear. That the position of Downtown Events Co-ordinator be established as a two year contract reporting to the Parks & Recreation Department as outlined in the report of T. McKay and T. Clancy dated June 7, 1995 with the exception that routine reporting as outlined in clause No. 3 of the report be to the Community Services Committee rather than the Finance and Administration Committee, and that the position function independently of the Supervisor of Arts, Culture and Special Events and Co- ordinator of Programs (City Hall), while reporting to the Manager of Arts, Culture and Special Events, and further, That funding for this position in 1995 be debited from the Capital Account established for Downtown Improvements. (Amended with action deferred and referred to the July 4, 1995 Council meeting) That a member of Council sit on the Selection Committee for the Downtown Events Co-ordinator and that Council, as part of the Community Services Committee Agenda, receive monthly information reports outlining activities of the Co-ordinator, and further, That the position of Downtown Events Co-ordinator be reviewed one year from the date of hiring. (Action deferred and referred to the July 4, 1995 Council meeting) That staff continue to remove privately posted signs on City property in accordance with a previously issued staff directive pending re-evaluation and action by Council with regard to Chapters 680 (Signs) and 682 (Signs and Posters) of the City's Municipal Code. FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) JUNE 19, 1995 COUNCIL MINUTES -~78- CITY OF KITCHENER COUNCIL MINUTES JUNE 19, 1995 - ~78- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That Councillors T. Galloway, J. Ziegler and M. Yantzi represent Council on the Special Purpose Sub- Committee to review recommended changes to the City's Firefighter Hiring Process, and further, That in future, said Sub-committee report to the Finance and Administration Committee. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - 1. That the City of Kitchener endorse the Regional Municipality of Waterloo's Policy on Administration of Parking on Regional Roads. That the Ministry of Transportation for the Province of Ontario and its Contractor(s) be exempt from the provisions of Chapter 450 (Noise), Article 6 (Construction Work) of the City of Kitchener Municipal Code during the full depth crack repairs to asphalt pavement on the Kitchener-Waterloo Expressway between the Homer Watson Boulevard overpass to the overhead pedestrian walk bridge during July and August, 1995. COUNCIL MINUTES J U N E 19, 1995 -279 - 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. Taq Day It was resolved: "That the City of Kitchener approves the Royal Canadian Air Cadets from No. 80 K-W Squadron, No. 822 Tutor Squadron, and 530 Squadron conducting its Annual Air Cadet Tag Day in Kitchener on Friday, September 29, 1995 and Saturday, September 30, 1995." 2. Grand River Hospital Board of Directors Councillor T. Galloway pointed out that he believes the City is only in a position to appoint Mr. William Kennaley to the Board and not Grant MacDonald and Ruby Weber as indicated in the motion. It was agreed to amend the motion to reflect an extension of the term of appointment for Mr. William Kennaley alone. It was resolved: "That William Kennaley's term of appointment to the Grand River Hospital Board of Directors be extended to June 1996." 3. Quit Claim Deed - FAIRVIEW WARD It was resolved: "That the Mayor and Clerk be authorized to execute a Quit claim Deed releasing all rights that the City may have obtained by Instrument No. 246472 registered October 29, 1962 as they pertain to Part Lots 5 and 7, Registered Plan 757, Part Lot 98, Registered Plan 1029 and Block I, Registered Plan 1221, designated as Part 1 on Reference Plan 58R-765 and municipally known as 175 Siebert Avenue, Kitchener." 4. Licenses It was resolved: "That the Kitchener Kieswetter Junior Women's Fastball Club be granted permission to operate a refreshment stand, at Woodside Park, on July 14-15, 1995, provided that the necessary Licence and Health and Fire approvals are obtained." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Waterloo Regional REACT, PO Box 41005, Waterloo, Ontario, N2K 3T5 to conduct a Monte Carlo event at Golf's Steakhouse, 598-600 Lancaster Street West, Kitchener, on August 1-3, 1995 inclusive." -and- COUNCIL MINUTES COUNCIL MINUTES JUNE 19, 1995 - 280- CITY OF KITCI:IENER COUNCIL MINUTES JUNE 19, 1995 - 280- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL J U N E 19, 1995 -280 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 4. Licenses (Cont'd) "That the Canada Employment Centre for Students in Kitchener, be granted permission to operate a charitable refreshment stand, in the Civic Square, on June 26, 1995, provided that the necessary Licence and Health and Fire approvals are obtained." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Kitchener-Waterloo Symphony to conduct a Raffle Lottery in the City of Kitchener with the said draw to occur on March 24, 1996 at 101 Queen Street North, Kitchener." -and- "That the Church of The Lord Jesus Christ be granted permission to operate a Charitable Refreshment Stand at Breithaupt Park on July 1-3, 1995, inclusive, provided that the necessary licences are obtained." -and- "That no action be taken on the request of Mike Richard Bannister for an Ice Cream Vendor's Licence as per his application dated June 7, 1995." -and- "That the Manager of Licensing be authorized to issue an Ice Cream Vendor's Licence to Jason Aaron Kew as per his application dated June 7, 1995." 5. Association of Municipalities of Ontario - Conference It was resolved: "That Mayor R. Christy, Councillor K. Redman and Councillor M. Yantzi be appointed as voting delegates of the City of Kitchener for the purposes of the 1995 Annual Conference of the Association of Municipalities of Ontario to be held in Toronto from August 20 to 23, 1995." 6. The Centre In The Square - Nomination Procedure for Board of Directors Council was in receipt of a letter from Mr. Daniel S. Donaldson, General Manager, Centre In The Square, dated June 2, 1995 outlining a proposal for appointments to the Board of Directors wherein the Board would review all applications, supply necessary background material, and if desirable, conduct interviews. They would then forward their appointment recommendations to Council for consideration. Councillor M. Yantzi put forward a motion recommending adoption, in principle, of the procedure proposed by the Centre In The Square Board of Directors and outlined in Mr. Donaldson's letter. JUNE 19, 1995 COUNCIL MINUTES - ~81- CITY OF KITCHENER COUNCIL MINUTES JUNE 19, 1995 CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Councillor T. Galloway indicated his opposition to the proposal. He suggested that it is important for Council to strictly control these appointments and retain its autonomy in this regard. Councillor G. Lorentz argued that the proposal would create more accountability, and even though the Board would make recommendations concerning appointments, Council would still make the final decision. Councillor M. Yantzi suggested that the Board is in the best position to determine its own requirements and the individuals who could best fulfil its needs. He argued that the proposal put forward by the Board would ensure that individuals are appointed based on their expertise rather than on who they know. COUNCIL MINUTES JUNE 19, 1995 -281 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 6. The Centre In The Square - Nomination Procedure for Board of Directors (Cont'd) Councillor K. Redman suggested that if implemented, this procedure should be reviewed after one year, and Councillor J. Ziegler suggested that the review term be extended to two years. Councillor Jake Smola suggested that the City review its entire Committee appointment process to ensure broader representation and accessibility. Councillor C. Weylie agreed that the entire system of Committee appointments should be changed and questioned how the Centre In The Square would be able to screen applications and make recommendations when Council only receives the latter as early as one week before the appointment meeting. Mr. T. McKay suggested that the matter be referred to staff and Councillor M. Yantzi offered the opinion that the Centre In The Square proposal should be approved in principle with a staff report to follow. Mr. L.F. Parkhouse pointed out that the Centre was established by special legislation and asked that before any further action is taken, either he or Legal Department staff be given an opportunity to review the by-law to determine whether the proposal by the Centre can be implemented without amendments. Councillor M. Wagner supported the comments of Councillor Jake Smola concerning a review of the appointment process and indicated his interest in sitting on any Council/Staff review committee. Mayor R. Christy indicated his support for the Centre In The Square request on the basis that the Board is most familiar with its requirements. He also suggested a broader review at a later date. Councillor C. Weylie added that if the Centre requires specific expertise consideration should be given to advertising in this regard. Councillor M. Yantzi agreed to amend his previous motion to indicate that the Centre In The Square proposal would be approved in principle subject to a legal opinion, and that the process be reviewed two years after implementation. The motion as amended was then voted on: It was resolved: "That subject to a legal opinion, the amendments to the nomination process for the Centre In The Square Board of Directors, as outlined in correspondence from Mr. D. Donaldson, dated June 2, 1995, be approved in principle, and the process reviewed two years after implementation." Councillor Jake Smola suggested that a comprehensive review of the nomination and appointment process for all Boards and Committees be completed by the end of September, 1995 and that this be done through a staff and Council committee with input from the Chairs of the existing Boards and Committees. Councillor John Smola asked that this be considered as JUNE 19, 1995 COUNCIL MINUTES - ~8~- CITY OF KITCHENER COUNCIL MINUTES JUNE 19, 1995 CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL instruction to staff and that the specifics of any such review be consideration by July 4, 1995. submitted for further Tenders Dealt with under delegations. I.B.E.W Local No.636 Contract (Gas and Water Workers) Council was in receipt of correspondence from Ms. L. Bansen, Human Resources Officer/Labour Relations, dated June 14, 1995 recommending approval of the terms and conditions in a Memorandum of Settlement. COUNCIL MINUTES J U N E 19, 1995 -282 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 8. I.B.E.W Local No.636 Contract (Gas and Water Workers) (Cont'd) It was resolved: "That Council approve the terms and conditions contained in a Memorandum of Settlement dated June 5, 1995 in connection with the 1995-1996 Collective Agreement with Local No. 636 International Brotherhood of Electrical Workers, and further, That the Mayor and Clerk be authorized to execute any documentation in this regard." 9. Raffle Tickets - Canadian National Institute for the Blind Council was in receipt of correspondence from Mrs. J. Koppeser, Manager of Licensing, dated June 15, 1995 outlining a request from the Institute for permission to sell raffle tickets in Kitchener and advertising related draws. It was resolved: "That the City of Kitchener has no objection to the Canadian National Institute for the Blind selling raffle tickets (Lottery Calendar) in the City from July, 1995 to February, 1996 and publicizing the draws to be held in the City of Sudbury throughout 1996."