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HomeMy WebLinkAboutCouncil Minutes - 1995-10-23COU NCIL\1995-10-23 OCTOBER 23, 1995 COUNCIL MINUTES CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillor T. Galloway. The meeting began with the playing of "O Canada" by the Resurrection Catholic Secondary School Instrumental Group under the direction of Mr. Larry Moser. Mayor R. Christy thanked the Group for their appearance this evening. The Council observed one minute of silence out of respect for Mr. Dennis Martin, a City employee who passed away suddenly on October 20, 1995. On motion by Councillor C. Weylie, the minutes of the regular meeting held October 10 and the special meeting held October 16, 1995, as mailed to the Mayor and Councillors, were accepted. A. COMMUNICATION REFERRED TO COMMITTEE OF THE WHOLE - (1) Letter dated October 18, 1995 from Mr. R.W. Pritchard, Commissioner of General Services & City Clerk to Members of Council relative to applications for cancellation, refund, reduction or levy of taxes. Awards of Merit and Certificates of Service were presented to individuals who have served on Special Committees, Boards and Commissions under the jurisdiction of City Council. Mayor R. Christy, assisted by Councillors G. Lorentz, M. Wagner, C. Weylie, M. Yantzi and J. Ziegler presented the Awards and Certificates on behalf of Council. A list of those individuals receiving recognition for their service to the City is appended hereto and forms part of these minutes. 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 of this date. Councillor J. Ziegler questioned how the bid from Canadian Meter Company was incomplete and Mr. Gordon advised that the Company had bid only on the regulator portion of the meter and not on the meter itself. Further, he stated that there were indications that the Company was attempting to prepare a complete bid. Moved by Councillor M. Wagner Seconded by Councillor Jake Smola "That tender T95-63, Drive-Through Bus Wash System, be awarded to Sherman Supersonic Industries Corp., Mississauga, Ontario at their tendered price of $108,532., plus optional wheel wash, speed warning system and undercarriage wash, for a total price of $134,900., plus G.S.T." - and - "That Expression of Interest E95-74 - Consultant Services - Compressed Natural Gas Fueling Station, be awarded to The Marathon Compressor Company Limited, Heidelberg, Ontario, subject to a satisfactory agreement being negotiated and an upset fee established. The estimated cost of the project is $73,000., plus G.S.T." - and - "That tender T95-79, Gas Meter Bars, be awarded to The Bryan Donkin Company of Canada Limited, Woodstock, Ontario at their adjusted tendered price of $77,560., G.S.T. and P.S.T. extra." Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee of Council of this date be adopted." Councillor M. Wagner questioned if any consideration was given to establishing the Safe City Committee as a Kitchener and Waterloo Committee. It was indicated that while there was liaison going on between OCTOBER 23, 1995 COUNCIL MINUTES -454- CITY OF KITCI:IENER the Twin Cities on Safe City issues, a formalized joint Committee was not pursued. Councillor K. Redman then introduced the members of the Safe City Committee with the exception of one who was unable to attend this date. Councillor C. Weylie requested that if the recommendation is approved, the City Clerk arrange to immediately advertise for positions on the Committee. Councillor Weylie also questioned item 4.0 of clause 2 which deals with the Membership Review Sub-Committee and noted that it was her understanding that the City's Legal Department has some concern with the wording in the recommendation. Mr. J. Shivas advised that Management Committee had recommended that item 4 be deleted or re-written. He stated that his view was that no Committee should be making recommendations to City Council that might be perceived to be a self appointing process. A motion by Councillor Jake Smola seconded by Councillor M. Wagner was advanced to delete item 4.2 of clause 2. Councillor G. Lorentz commented that he considered City Council would be receiving input as information from the Membership Review Sub-Committee and he was favourable to receiving the Sub- Committee's views with respect to potential candidates. Councillor Jake Smola stated that he would rather see the Committee not recommend individuals but could recommend the skills required which City Council could then apply to potential candidates. Councillor J. Ziegler was of the view that the City Solicitor's advice should be followed but that the Membership Review Sub-Committee was welcome to appear before City Council at its Committee appointment meeting to present its views. Councillor Ziegler agreed with the City Solicitor that Council could not delegate nor could it appear to delegate its responsibility. Councillor B. Vrbanovic indicated he was in support of clause 2 as it would enable Council to receive constructive advice. Councillor K. Redman questioned why there was such concern on the part of the Legal Department. Mr. J. Shivas advised that no other body other than Council has powers with regard to the formalized powers of City Council to make appointments. As a possible compromise, he suggested that if part of item 4.2 was deleted it may effect a compromise between the viewpoints of Members of Council. At the request of Councillor K. Redman, Councillors Jake Smola and M. Wagner agreed to withdraw their amendment to delete item 4.2 of clause 2 and instead delete only the following wording: "and will provide written comments to City Council to assist it in effecting the appointments". The amendment to item 4.2 of clause 2 was put to a vote and Carried. The report was then put to a vote. Voted on clause by clause. Clause 2 - Carried, As Amended. Balance of report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor John Smola "That the report of the Community Services Committee of this date be adopted." In reference to clause 3 of the report dealing with grants, Councillor M. Yantzi stated that he was not clear on the intent of item 2 where the Symphony Volunteer Committee was used as an example. Mr. J. Gazzola advised that the Committee was an example of the rule as applied. Councillor G. Lorentz commented that the Sub-Committee reviewing this matter felt the City policy was not enforced because the policy itself was not clear and consequently those applying for a grant either fit the City policy or they do not fit the policy, but that in any event any representation could be made to Standing Committee and City Council for a political decision. Councillor M. Yantzi questioned the meaning of and how item 7 of clause 3 would be interpreted and suggested clarification be achieved by deferral and further discussion. Councillor M. Wagner referred to clause 2 of the report and suggested that the recommendation as written was incomplete in that the Committee had intended the recommendation also deal with investigating what the vendors would do with the space and what improvements they would make in that regard. Mr. T. Clancy clarified that the issue had come up as part of discussions relative to the practice of set up and take down and following enquiry by Ms. W. Love, several vendors had indicated an interest in improvements and staff would comment on the level of interest. Councillor J. Ziegler stated that it was imperative to have this matter finalized before year end. On motion by Councillor M. Wagner, seconded by Councillor J. Ziegler, clause 2 was amended to add reference to what extent the vendors would improve the physical aspects of such space in the Farmers' Market. OCTOBER 23, 1995 COUNCIL MINUTES - 455- CITY OF KITCI:IENER Councillor J. Ziegler stated that he objected to clauses 5 and 6 of the report and indicated that the Committee minutes did not reflect that he had voted against them. He stated that his objections were based on the overall cost of the Master Plan for Rockway Gardens in the amount of $828,000 and the plans with regard to the propagation facility on the basis that rented greenhouse space was much more economical than building a facility. He also objected to two other costly proposals within the document. Councillor M. Wagner stated that the recommendation was limited to approval in principle with the matter being referred to budget consideration. Councillor G. Lorentz commented that City Council previously requested the Horticultural Society to develop a proposal to rejuvenate Rockway Gardens and the outcome was the Master Plan which he totally supported. Councillor K. Redman noted that clause 6 proposes fundraising be undertaken to support implementation of the Master Plan. The report was then put to a vote. Voted on clause by clause. Clause 2 - Carried, As Amended. Clauses 5 & 6 - Carried. Councillor J. Ziegler requested to be recorded as opposed. Balance of report - Carried. 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 Jake Smola referred to clause 3 regarding 1996 business licence fees and questioned how notice of the increase would be given. Mr. R.W. Pritchard advised that normally such notice was sent out at the beginning of December advising of fees payable for the coming year. Councillor Smola requested that staff ensure there was no additional mailing cost with regard to the notice of fee increase. On motion by Councillor G. Lorentz, seconded by Councillor J. Ziegler, the last paragraph of clause 7 was amended to provide for staff to both submit and present the City's Response on the Waterloo Region Review (Water and Waste Water) to Regional Council. Clause 10 of the report dealing with the hiring of a consultant to conduct a citizen survey was discussed at length. Councillor J. Ziegler disagreed with the required expenditure based on his view that any such survey would produce imprecise results. Councillors G. Lorentz and Jake Smola also opposed the recommendation. Councillor C. Weylie indicated that she was in favour and requested Mr. E. Kovacs to comment on the Public Works Department experience with marketing surveys. Mr. Kovacs advised that the Utilities Division undertook a market survey to analyze services being provided and customer satisfaction with the survey results being used to enhance future initiatives based on an understanding of customer priorities. Councillor C. Weylie noted that the same process could be utilized by City Council to consider and balance service levels given a zero percent tax increase target. Councillor M. Wagner stated that he agreed in principle with clause 10 but was uncomfortable with approving it before seeing the wording of the questions, as well as with random sampling in general. Councillor C. Weylie advised that the intent was to have the consultant develop the questions in full consultation with Members of Council. It was noted that when City Council undertook a visioning exercise two years ago, one of the proposals dealt with was a phone-in based on a newspaper advertisement with certain questions proposed by each member of City Council. It was suggested that this must be done if the current proposal for a survey is not approved. Councillor Jake Smola stated that he objected to the survey expenditure on the basis that ward councillors should be in touch with electors and questioned how Council could request citizens to comment on any services without knowing the impact that Provincial Government cutbacks will have on the ability of the City to finance its services. Councillor John Smola stated that he supports the recommendation particularly since the City is going to have to reduce its level of services and it was appropriate to ask customers what reductions they would accept. Councillor B. Vrbanovic strongly supported the random sampling technique as the only way to survey residents. He also noted that Provincial cutbacks were coming and Council needed citizen input on levels of service and the survey would function as a tool to provide Council with needed information that can help Council during its budget process. Councillor M. Wagner indicated that he would support the recommendation provided that City Council has veto power on the wording of the questions to be OCTOBER 23, 1995 COUNCIL MINUTES - 456- CITY OF KITCI:IENER included in the survey. Mayor R. Christy stated that he was in favour of the recommendation but with some reservations, particularly given that the wording that would be in the survey was not under consideration at this time. He agreed that the survey could give Council a sense of the public's wishes as to service levels and this information would then be addressed in consideration of the zero increase budget target. The report was then put to a vote. Voted on clause by clause. Clause 7 - Carried, As Amended. Clause 10 - Councillor Jake Smola requested a recorded vote. In Favour: Mayor R. Christy and Councillors C. Weylie, K. Redman, John Smola, B. Vrbanovic, M. Wagner and M. Yantzi. Contra: Councillors J. Ziegler, G. Lorentz and Jake Smola. Motion Carried. Balance of report - Carried. Councillor M. Wagner requested staff consider how to bring the proposal for a phone-in survey forward for consideration. Mr. T. McKay acknowledged that staff would resurrect the report done in this regard and add it to the agenda of the Finance and Administration Committee for consideration. 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." Councillor John Smola noted that the natural gas rates referred to in clause 4 amounted to a $39 annual reduction to the average residential gas customer. Councillor Jake Smola requested that staff designate the work on the Stonegate Watercourse in clause 3 as a possible winter works project for existing staff. Mr. E. Kovacs acknowledged that staff would designate it as such and work to fit it in with other projects. Councillor J. Ziegler referred to clause 5 of the report dealing with transit fares for 1996. He commented that staff had gone to a lot of effort to develop an innovative plan to increase ridership on the Transit System and that unfortunately the local newspaper had emphasized a 14% fare increase in cash fare and ignored all of the remaining fare categories, as well as the fact that a single bus fare would not be increasing if tickets were purchased nor would the cost of bus passes be increasing. Also, he pointed out that innovative passes have been developed and stated that The Record had done a dis-service to the Kitchener Transit System in the manner of its reporting. Again, he emphasized that if users purchase tickets there would be no increase in the transit fare in 1996 from the 1995 fare level. He suggested that staff should be commended for the innovation shown and it was his hope that the public will respond with heavier use of the transit system. Councillor M. Wagner also noted that The Record's coverage of the 1996 transit fare structure produced a lamentable headline that was totally misleading to the public. He stated that he felt the new fare structure was an aggressive and imaginative approach and represented another instrument in the City's long term strategy to improve transit ridership. The report of the Public Works and Transportation Committee was then put to a vote and Carried. Councillor G. Lorentz advised that he had distributed an article from The Record of October 20 which discusses leaf disposal in the Region and indicates Kitchener has the most complicated system of leaf collection. Councillor Lorentz then referred to the pamphlet he received at his home and stated that it was complicated. He questioned why the pamphlet had errors on it and why the City could not have a OCTOBER 23, 1995 COUNCIL MINUTES - 457- CITY OF KITCI:IENER system that was simple to understand. Councillor C. Weylie stated that the dates in the pamphlet should have been November 20-24 and not November 2-24 and that correction was reflected in The Record. Mr. E. Kovacs acknowledged that staff would address the concerns expressed in regards to this matter. Councillor J. Ziegler advised that assessment information had been provided to Councillors at the Regional level illustrating the potential tax shift impact on area municipalities as a result of the 1996 reassessment and suggested that the need for a phase-in should be considered by the Finance and Administration Committee. Mr. J. Gazzola advised that he had not received anything current from the Regional Assessment Office and suggested that Councillors had probably been provided with earlier preliminary information which staff have already have. Mr. Gazzola indicated that it was his intention that when September 30 information from the assessment roll was received, he would take this data to Finance and Administration Committee for review. Councillor J. Ziegler referred to a resolution received from the City of Cambridge which endorses the concept of a strong two-tier system in Waterloo Region and suggested that the matter of separation, as well as the equality of powers should be addressed within the resolution. It was agreed that the resolution would be placed on the agenda of the Finance and Administration Committee for consideration at its next meeting. Councillor J. Ziegler referred to a recent incident regarding a dog that had earlier been the subject of an appeal to the Tribunal established under the Vicious Dog By-law. He advised that the Tribunal had heard evidence and made its decision based on the evidence at hand and that previously there was no medical evidence of a bite by the same dog. Councillor Ziegler indicated that he would like to suggest revisions to the Vicious Dog By-law to remove the one year time frame relative to a Potentially Dangerous Dog designation. Also he proposed that if there were two convictions for running at large within one year that should also qualify for designation of the dog as Potentially Dangerous. It was agreed that the proposed amendments would be brought to the Finance and Administration Committee for consideration. Councillor J. Ziegler advised that he had a major safety concern in the Country Hills Community with regard to a condominium development known as "The Centrum" at 250 Country Hill Drive. He noted that the basic foundation for a building was put in place but construction was dis-continued in May 1994 and that safety problems had arisen during the construction. Since the construction was discontinued the property has not been properly secured and he has been working with the City's Chief Building Official on the matter. Councillor Ziegler advised that he had received complaints of an opening in the fence in June and at that time had had the trustees for the property notified of the problem and that up to this point it has not been dealt with. He indicated that children were climbing a construction tower and questioned who had responsibility for safety of the site and accompanying liability. He requested that Legal staff look into the matter and undertake to have the property properly secured. Councillor M. Wagner stated that he wished to publicly thank Mrs. Dianna Johnson for her effort in seeking solution to the student pedestrian problems on Marlborough Crescent. He noted that following extensive consideration Council had approved a sidewalk as a safety measure. Councillor M. Wagner stated that he wished to highlight another example of the contribution volunteers are willing to make as a follow up to the volunteer presentations that were made this evening. He noted that the facilitator for the Arts & Culture Master Plan had proposed to bring in some forty (40) volunteers for four days of participation and that to date fifty-one (51) have agreed to do so on their own time and this was an excellent example of the commitment that volunteers are making when asked. Councillor K. Redman noted that the Parks & Recreation Department will be undertaking a survey of recreational and community use within the Centre Ward on November 18 and provided her own telephone number as well as the Mill/Courtland Community Centre telephone number for anyone willing to assist in this regard. Councillor C. Weylie advised that she wish to thank staff of the Department of Planning and Development and in particular Ms. C. Ladd for the support they provided to the Alternative Dispute Resolution Conference held recently at the University of Waterloo. She noted that the conference had been attended by a cross-section of interest groups and that the outcome of this entire process would result in money saved by the City through the mediation approach to solving problems. Councillor Jake Smola referred to the City Hall staff parking issue that was dealt with at the September 25, 1995 Council meeting and questioned when staff would be bringing the matter back as it was his understanding direction was given with regards to the fee structure. Mr. T. McKay advised that he would review the matter and bring it forward. OCTOBER 23, 1995 COUNCIL MINUTES -458- CITY OF KITCI:IENER Moved by Councillor B. Vrbanovic Seconded by Councillor M. Yantzi "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) (b) (c) (d) (e) (f) (g) Being a by-law to exempt a certain lot from Part Lot Control - Lot 10, Registered Plan 1799 - Briarfield Street Being a by-law to amend Chapter 315 of the City of Kitchener Municipal Code regarding Development Charges - to exempt the Downtown Area Being a by-law to adopt Amendment No.1 to the Municipal Plan - Huron Environmental Area Being a by-law to adopt Amendment No.2 to the Municipal Plan - St. Mary's Hospital Neighbourhood Review Being a by-law to renumber a certain property and premises on Mill Street in the City of Kitchener Being a by-law to renumber a certain property and premises on Lancaster Street West in the City of Kitchener Being a by-law to amend Chapter 103 of the City of Kitchener Municipal Code regarding the appointment of an Auditor (h) To confirm all actions and proceedings of the Council and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor R. Christy appointed Councillor C. Weylie as Chair. On motion the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes, are hereby adopted and confirmed." Moved by Councillor B. Vrbanovic Seconded by Councillor M. Yantzi "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) Carried. (By-law No. 95-143) Being a by-law to amend Chapter 315 of the City of Kitchener Municipal Code regarding Development Charges - to exempt the Downtown Area (By-law No. 95-144) Being a by-law to adopt Amendment No.1 to the Municipal Plan - Huron Environmental Area Being a by-law to exempt a certain lot from Part Lot Control - Lot 10, Registered Plan 1799 - Briarfield Street OCTOBER 23, 1995 COUNCIL MINUTES - 459- CITY OF KITCI:IENER (d) (e) (f) (g) (h) (By-law No. 95-145) Being a by-law to adopt Amendment No.2 to the Municipal Plan - St. Mary's Hospital Neighbourhood Review (By-law No. 95-146) Being a by-law to renumber a certain property and premises on Mill Street in the City of Kitchener (By-law No. 95-147) Being a by-law to renumber a certain property and premises on Lancaster Street West in the City of Kitchener (By-law No. 95-148) Being a by-law to amend Chapter 103 of the City of Kitchener Municipal Code regarding the appointment of an Auditor (By-law No. 95-149) To confirm all actions and proceedings of the Council (By-law No. 95-150) 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 Lane Closure Application LA 95/05/M/JW be approved in principle, and that the Legal Department and General Services and City Clerk's Department be instructed to proceed with the ordering of a reference plan, preparation of a By-law and necessary advertising in the local newspaper for the closing of an approximately 364 square metre portion of the unnamed lane leading west off Moore Avenue between the properties addressed as 37 and 43 Moore Avenue, as shown generally on Map A attached. Title of the land is to be conveyed in its entirety to Bruce Hauser, owner of lands abutting the lane, subject to the following conditions: That a reference plan be completed and deposited prior to the passing of the lane closure by-law. That an easement be granted in favour of Bell Canada and Rogers Cablesystems for the existing facilities located on that portion of the lane to be closed, and that the purchaser be responsible for all costs related to the granting of said easement. That rights-of-way be granted, in perpetuity, in favour of the owners of properties addressed as 37 and 43 Moore Avenue for the purpose of access from Moore Avenue. That the existing street light located on the lane be removed, at the cost of the purchaser, prior to the land transfer. That the purchaser pay fair market value as determined by the City's Land Purchasing Officer, for that part of the lane to be closed. That the purchaser be responsible for all the costs related to survey, legal, registration and advertising associated with the closure of the lane. That Kitchener City Council adopt the Kitchener Safe City Committee Terms of Reference, as endorsed by the Kitchener Downtown Advisory Committee at their meeting of October 12, 1995, outlined hereunder: KITCHENER SAFE CITY COMMITTEE TERMS OF REFERENCE MISSION STATEMENT: OUR MISSION IS TO MAKE KITCHENER LOOK, FEEL AND BE SAFER. 1.0 Goals of the Safe City Committee 1.1 To develop and strengthen municipal policies and programs relating to personal safety, crime prevention and violence, and to ensure that safety concerns are incorporated into relevant municipal and regional documents, policies and decision- making. 1.2 To establish partnerships between the community, government, local agencies and organizations, business, police services and citizens to promote safety and crime prevention. 1.3 To research, develop and deliver public education programs which promote the personal safety of all individuals and their communities. 1.4 To work with communities to develop and undertake activities on safety and to develop strategies to address specific problems. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 2. Cont'd 1.5 To liaise with national, provincial and Waterloo Regional Crime Prevention Councils OCTOBER 23, 1995 COUNCIL MINUTES - 461- CITY OF KITCI:IENER COUNCIL MINUTES OCTOBER 23, 1995 - 461- CITY OF KITCI:IENER 2.0 3.0 REPORTS ADOPTED BY COUNCIL as well as the Safe City Committees in other Ontario municipalities on research and initiatives related to public safety and crime prevention. 1.6 To advise City Council, or the appropriate Standing Committee of Council, on strategies that can help prevent crime and enhance public safety. Access to City Resources 2.1 A coordinator appointed by City staff in partnership with the Membership Review Subcommittee, shall act as the principal resource person to the Safe City Committee and to assist the Co-Chairs, Committee members, staff and Working Groups to organize their work plans and implement recommendations. 2.2 City staff resources will, subject to availability, be assigned to provide outreach and assist in developing communities' responses to violence and crime prevention and to provide support to existing community-based groups and agencies. 2.3 An interdepartmental Resource Group will be struck consisting of staff from Planning and Development, Parks and Recreation, Public Works and Transit (and other departments as required) whose responsibilities will include regular reports to the Safe City Committee and the implementation of Safe City Committee initiatives including Safety Audit recommendations. The Interdepartmental Resource Group will report to the Safe City Committee through its chairperson. 2.4 The chairperson of the Resource Group will be selected by the Resource Group in consultation with the Safe City Committee. 2.5 A budget that reflects the activities of an annual Safe City Committee work plan be submitted annually to Council for approval and administered by the Department of Planning and Development. 2.6 The Safe City Committee will have access to Marketing and Promotional staff and resources to produce public education materials. Membership of the Safe City Committee and Coordinator 3.1 Members and Coordinator should: (a) be actively involved in personal safety, crime and violence prevention initiatives. (b) demonstrate understanding of the Safe City Committee's mission, and a commitment to the goals of the Safe City Committee. (c) contribute to the Safe City Committee. 3.2 The Safe City Committee will be composed of no less than 8 members and no more than 12 members and will seek to have representation from people who have background in the following areas: City council (maximum of two) Educational institutions The business community Community organizations, neighbourhood groups, social agencies and the community at large PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) OCTOBER 23, 1995 COUNCIL MINUTES - 46~- CITY OF KITCI:IENER COUNCIL MINUTES OCTOBER 23, 1995 - 462- CITY OF KITCI:IENER 2. Cont'd 4.0 5.0 6.0 REPORTS ADOPTED BY COUNCIL 3.3 3.4 3.5 3.6 3.7 Representatives from Waterloo Regional Police (Division 1 and Division 3) Regional Crime Prevention Council Members will serve for an initial term of one year which can be renewed. The Committee shall annually choose a chair and co-chairperson from amongst their members. The Safe City Committee will create Working Groups and Subcommittees on an ad- hoc basis and set terms of reference as required which will include decision-making by consensus. The Working Groups will report directly to the Safe City Committee. The Safe City Committee has the right to request Council to review appointments and replace members on the basis of nonattendance. 3.8 Agencies, organizations and/or community designated alternate to attend meetings. Membership Review Subcommittee 4.1 4.2 groups may assign a non-voting The Membership Review Subcommittee will consist of three (3) members of the Safe City Committee who represent a cross-section of the community and are not up for nomination in the present year. The Membership Review Subcommittee will review letters of application received by City Clerks for membership to the Safe City Committee. Meetings 5.1 Meetings will be held monthly or as called by due notice. 5.2 Minutes will be kept of each meeting with secretarial services provided by the Department of Planning and Development. Minutes will relate only to actions required and documentation of major outstanding concerns or issues. 5.3 Quorum for meetings will be 50% plus one. 5.4 Meetings of the Safe City Committee will be open. Ongoing Evaluation 6.1 The goals of the Safe City Committee will be reviewed annually and any revisions ratified by Council. That the Kitchener Safe City Terms of Reference as approved by City Council be incorporated into the City of Kitchener Policy Manual. (As Amended). That Planning Staff be directed not to place the Bylaw adopting Municipal Plan Amendment No. 1 (West Side Study) before City Council for approval until Staff, including Public Works, have had the opportunity to further review the feasibility of providing sanitary sewer services to certain lands within Phase 3 of the Laurentian West Community. COUNCIL MINUTES OCTOBER 23, 1995 - 463- CITY OF KITCI:IENER COUNCIL MINUTES OCTOBER 23, 1995 - 463- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - That repair costs for Homer Watson House in the amount of $52,000.00 in 1996 and $40,000.00 in 1997 be referred to the capital budget process. That we approve, in principle, of discontinuing Market Hall rentals at the Kitchener Farmers' Market, effective March 1, 1996, subject to staff submitting a report, for consideration by the Community Services Committee, prior to January 1, 1996, on how many vendors would be interested in using this space and to what extent the vendors would improve the physical aspects of such space were it to be used exclusively as part of the Kitchener Farmers' Market. (As Amended). 3. That Council Policy No. 1-380 (GRANTS) be revised to incorporate the following: General Provision Grants: Organizations having received a grant through the Grant Budget process will not be eligible to apply for a General Provision Grant (GPG). Non-profit volunteer organizations planning an event to raise funds to support an organization that has received a "non-recreational" grant will not be considered for a GPG, i.e. Symphony Volunteer Committee. 3. General Provision Grants will only be considered quarterly. 4. Organizations having a "Charitable" number will not be considered for a GPG. Once the approved GPG amount has been allocated, no further grant submissions will be considered. Any grant request not meeting the approved criteria can be turned down by a staff committee comprised of a representative from each of Finance and Parks and Recreation. No government or agency whose purpose is the responsibility of other levels of government, be it Federal, Provincial, Regional and Education, will be considered. Travel Grants: That Travel Grants only be provided to Minor Sports groups or individuals. A majority of the team members must be 18 years of age or under. Travel Grants may be approved by the Staff Committee and a list circulated to the Community Services Committee on a monthly basis. That the 1996 Fees and Charges for the vendors at the Kitchener Farmers' Market for the "Pay in Full" option be increased by 2% and the "Quarterly Payment" option be increased by 5%. That we approve, in principle, the Master Plan for Rockway Gardens, as presented to the Community Services Committee on October 16, 1995, and further, That we recommend to the budget process those items on the "Suggested Implementation Schedule for Rockway Gardens", dealing with the relocation and restoration of the fountains. That Parks and Recreation staff and the Kitchener Horticultural Society work together to prepare a detailed, long-term implementation plan to implement the Rockway Gardens' Master Plan, and further, COUNCIL MINUTES OCTOBER 23, 1995 - 464- CITY OF KITCI:IENER COUNCIL MINUTES OCTOBER 23, 1995 - 464- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL That the Horticultural Society investigate the extended use of volunteers and plans for fundraising and report back to the Community Services Committee. COMMUNITY SERVICES COMMITTEE - (CONT'D) That we approve an in-kind services grant for The December 6th Coalition of Waterloo Region in the amount of $150.00 towards their cost in renting the City Hall Rotunda on December 6, 1995, for the remembrance service. That we approve an in-kind services grant for the Canadian Youth Bridge Organization in the amount $333.57 to off-set the cost of renting the City Hall Rotunda on November 26, 1995, for the championship. FINANCE AND ADMINISTRATION COMMITTEE - That no action be taken on the request of Mr. Nabil Zakhary for relief from interest and penalty charges on tax arrears for 216 Thaler Avenue. That Council pass a by-law to amend schedule "A" of Chapter 578 (Master Plumbers) of the City of Kitchener Municipal Code by adding: "13. The Corporation of the Regional Municipality of York." That pre-budget approval be granted for the 1996 Business Licence fees as outlined in the joint report of L.F. Parkhouse and J. Koppeser dated October 2, 1995. That at present, Council continue with the existing Street Vendor By-law #95-56, allowing street vendors only in the area generally referred to as the Downtown, and further, That staff prepare a report for future consideration by the Finance and Administration Committee, outlining details of any proposed expansion of the street vendor provisions to include additional properties and events as well as a proposed schedule of fees. That the proposed 1996 meeting schedule for Standing Committees and City Council/Committee of the Whole be approved as outlined in the report of L.F. Parkhouse dated October 10, 1995 with the following changes: March 18 Standing Committee meetings moved to March 4; March 25 Council meeting moved to March 18; July 29 Standing Committee meetings moved to August 6; August 6 Council meeting moved to August 12. That the vacant parcels of land outlined in the report of G. Anderson dated October 11, 1995 and whose legal descriptions appear below, be declared surplus to the City's needs: Part Lot 17, German Company Tract designated as Part 2, Plan 58R- 9456 (adjacent to 301 Victoria St.S.); Part Lot 9, Beasley's Broken Front Concession, designated as Part 1, Plan 58R-7412 (between Grand Hill Drive and King St.E.); Part Lot 52, Plan 959 and Part Lot 7, Plan 975 designated as Parts 3,4,5,6 & 7, Plan 58R-947 (River Road and Scenic Dr.); Part Lot 38, Plan 775 (Reference Plan will be required) (Fairway Rd.N. and Grulke St.); e. Part Lot 98, Plan 284, designated as Part 2, Plan 58R-9380 (Samuel OCTOBER 23, 1995 COUNCIL MINUTES - 465- CITY OF KITCI:IENER COUNCIL MINUTES OCTOBER 23, 1995 - 465- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL St. and Stirling Ave. N), and further, That the City's Land Purchasing Officer be directed to negotiate agreements of purchase and sale with the abutting owners, with each agreement to be presented to Council for acceptance. FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) That Council endorse the following as the City of Kitchener's response to the Waterloo Region Review (Water and Wastewater - May, 1995): a) the staff position that the proposed transfer of responsibility for water distribution and wastewater collection systems to the Region of Waterloo does not result in either cost efficencies or improved customer service as outlined in the draft response submitted by J. Gazzola and dated October 13, 1995, b) the comments and concerns put forward by the Environmental Committee on October 4, 1995, c) the written submission from Dr. James Kay dated October 2, 1995, and further, That staff prepare the City's final response, incorporating all of the above, for submission and presentation to Regional Council. (As Amended). That the capital items referred to in the report of P. Summers dated September 11, 1995 relative to the Transit Garage and the Bramm Street facility be referred to the 1996 deliberations on the Capital Budget and Forecast. That the recommendation of the Transit Division that a $200,000.00 annual allocation ($150,000.00 from the Ministry of Transportation Ontario, and $50,000.00 from the City) be included in the Capital Budgets for the years 1996 to 1998 be referred to the 1996 deliberations on the Capital Budget and Forecast. 10. That Council adopt the recommendation of the Continuous Improvement Steering Committee that a consultant be hired at a cost not to exceed $10,000.00 to conduct a Citizen Survey, the results of which would be used as a budget priority setting tool, and, That the content of the survey be decided through a roundtable discussion meeting involving members of Council and Management Committee, and further, That the results of the survey be available to Council members no later than Budget Day on January 19, 1996. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That stop controls be installed at the following locations: Cherry Tree Court at Winding Way and Greenbough Court at Winding Way, and further, That the Uniform Traffic By-law be amended accordingly. That the speed limit on Westwood Drive, from Westmount Road to Glasgow Street, be reduced to 40 km/h, and further, That the Uniform Traffic By-law be amended accordingly. OCTOBER 23, 1995 COUNCIL MINUTES - 466- CITY OF KITCI:IENER COUNCIL MINUTES OCTOBER ~3, 1995 - 466- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL That the report of CH2M Hill Engineering dated September 1995, with respect to the Stonegate Watercourse, be accepted, and further, That funding in the amount of $507,000.00 for improvements to this watercourse be included in the City's Ten Year Capital Forecast, and further, That the City of Kitchener approach the Grand River Conservation Authority to determine what, if any, funding assistance may be available for this project. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) That the City of Kitchener natural gas rates be modified in accordance with the rate schedules presented to the Public Works and Transportation Committee on October 16, 1995, and further, That the disposition of the retroactive credit received from Union Gas shall be made to residential gas customers in an equitable manner as determined by the Department of Public Works and the Finance Department. That the following fare structure become effective on January 1, 1996, with the exception of the cash fare change which will be implemented on February 1, 1996: Fare Category New Fare Adult Cash Adult Pass Adult Ticket (New) Reduced Cash Reduced Pass Reduced Ticket (New) Term Pass (5 months) College Pass (4 months) University Pass (3 months) Day Pass (New) Sunday Family Pass (New) Child Fare (New) Transfer Policy (New) $ 1.60 $ 54.oo $ 1.4O $ 1.6O $ 44.OO $ 1.15 $ 198.00 $ 184.00 $ 156.00 $ 5.oo $ 5.oo Under 5 Years Old Free 60 minutes free in any direction, and further, That the following costs for implementing tickets and new passes be included in the 1996 Operating Budget: Printing of Tickets/New Passes Commission (1%) to Sales Outlets Miscellaneous Expenses $50,000 $42,OOO $ 6,ooo, and further, That $150,000.00 in additional fare revenue be included in the 1996 Operating Budget, and further, That a marketing plan to implement the new fare structure be presented to the Public Works and Transportation Committee within a month's time from date of approval of the new fare structure and include, but not be limited to: development and promotion of transit sales outlets; increasing general customer and non-user awareness of pricing options; targeting market segments for specific promotions and incentives; and further, OCTOBER 23, 1995 COUNCIL MINUTES - 467- CITY OF KITCI:IENER COUNCIL MINUTES OCTOBER 23, 1995 - 467- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL That the Director of Transit be instructed to forward the new Fare Strategy Report to the City of Waterloo. COUNCIL MINUTES OCTOBER 23, 1995 - 468 - 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. Minutes of Settlement It was resolved: "That the Mayor and Clerk be authorized to sign the "Minutes of Settlement" as it relates to the assessment appeal launched by Sears Canada Inc. and settled by the Regional Assessment Commissioner for Region #21 and solicitors for Sears Canada Inc." 2. Licensinq Items It was resolved: "That the City of Kitchener has no objection to the Knights of Columbus, Council No. 1504, c/o 110 Manitou Drive, Kitchener, Ontario, N2C 1L3, 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 18, 1996." -and- "That ACCKWA, The Aids Committee of Cambridge, Kitchener, Waterloo & Area, be granted permission to conduct their Charity event, including a refreshment stand and an auction in the Rotunda Gallery, Kitchener City Hall, on December 2, 1995, provided that the necessary licences are obtained." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Global Community Centre of Waterloo Region, 89-91 King Street North, Waterloo, to conduct a Monte Carlo event at the Granite Club, 69 Agnes Street, Kitchener on December 21-23, 1995, inclusive." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to Ron Day's Kitchener Kicks Martial Arts Academy, 11-300 Gage Avenue, Kitchener, to conduct a Monte Carlo Event at the Howard Johnson's Hotel, 1333 Weber Street East, Kitchener on November 7-9, 1995, inclusive." -and- "That Marillac Place, 58 Madison Avenue South, Kitchener, Ontario, N2G 3M5, be granted permission to operate a Refreshment Stand in front of Kitchener City Hall on November 18, 1995, provided that the necessary licence is obtained." OCTOBER 23, 1995 COUNCIL MINUTES - 469- CITY OF KITCI:IENER COUNCIL MINUTES OCTOBER 23, 1995 - 469- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES OCTOBER 23, 1995 - 469 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 3. Offer to Sell - CENTRE WARD It was resolved: "That the City of Kitchener accepts the offer from Ngai Goodman Chan and Pei-Yuk Amy Chan to transfer Part of Lot 5, Plan 383 and Part of Lots 2 & 7, Plan 401 known municipally as 42 King Street West, Kitchener to The Corporation of the City of Kitchener for the sum of $29,000.00. The Agreement of Purchase and Sale is conditional upon the City, at its own expense, receiving a favourable report from a qualified engineer specializing in environmental site assessments, failing which this transaction is null and void. Further, that the Mayor and Clerk are hereby authorized to execute all necessary documentation as required by the City Solicitor." 4. Certification of Title Application - CENTRE WARD It was resolved: "That the Mayor and Clerk be authorized to execute a Consent and Waiver of Notice and draft reference plan to expedite a Certificate of titles Act Application by 1054422 Ontario Limited respecting lands described as Part Lots 1 and 2, Plan 372,Part Lot 169 of Streets and Lanes, Part of Lot 38, Plan 364, Lot 3 and Part Lots 1, 2, 4, 5, 6, 7, 8 and 9, Plan 406 and municipally known as 101 and 127 Frederick Street." 5. Binqo Application It was resolved: "That CATS (Counter Action Through Sports), 196 Waterloo Street, Kitchener, N2H 3W1, be granted permission to conduct bingos on an ongoing basis at 1356 Weber Street East, Kitchener." 6. Tenders The tenders were dealt with under delegations. 7. Kitchener Remembers - 50th Anniversary of Remembrance Day Mayor R. Christy advised that the Federal Government has declared the week in which Remembrance Day falls as "National Veterans Week" in co-ordination with the 50th Anniversary of Remembrance Day. The Committee with responsibility for Kitchener has requested Council approve a resolution conferring to the Highland Fusiliers full Freedom of Entry into the City. Sunday, November 5, 1995 is the date of this event which is only part of a week of events to mark National Veterans Week. On motion by Mayor R. Christy - it was resolved: "WHEREAS in recognition of the historic association of the Highland Fusiliers to the City OCTOBER 23, 1995 COUNCIL MINUTES -470- CITY OF KITCI:IENER COUNCIL MINUTES OCTOBER 23, 1995 - 470- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL of Kitchener and their magnificent and enduring record of unflinching courage, indomitable spirit and devotion to duty demonstrated on the fields of battle throughout their history; and, WHEREAS in recognition of the debt of gratitude the City of Kitchener owes to the Officers and Soldiers of the Highland Fusiliers for their sacrifices so willingly and unhesitatingly made in the cause of liberty and peace, COUNCIL MINUTES OCTOBER 23, 1995 - 470 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 7. Kitchener Remembers - 50th Anniversary of Remembrance Day (Cont'd) That the Council of the Corporation of the City of Kitchener expresses its deepest sense of gratification at the many achievements for freedom and peace by the Highland Fusiliers of Canada, and further, That we hereby grant to the Highland Fusiliers of Canada the Freedom of Entry into the City of Kitchener on ceremonial occasions with bayonets fixed, drums beating and colours flying." Encroachment Aqreement - 1275 Ottawa Street South Councillor G. Lorentz disclosed a pecuniary conflict of interest and abstained from all discussion as the subject property is owned by his parents. The Committee was in receipt of a memorandum dated October 19, 1995 from Ms. L. MacDonald recommending execution of an encroachment agreement with the owners of 1275 Ottawa Street South. On motion by Councillor M. Wagner - it was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner(s) of Part 2, Plan 58R-2401, known as 1275 Ottawa Street South, to legalize an existing shed which encroaches 3.44 feet, more or less, onto the Nine Pines Road road allowance." Councillor G. Lorentz previously disclosed a pecuniary conflict of interest and abstained from all discussion and voting as the subject property is owned by his parents. Committee of Adjustment Submission No. F8/95 re: Fence - 111 Calmcrest Drive In the absence of Councillor T. Galloway, Councillor B. Vrbanovic advised that he had been requested by Councillor Galloway to speak in favour of the revision contained in a memorandum distributed to Members of Council from D. Gilchrist suggesting amended wording relative to the Committee of Adjustment decision and Council's October 10 ratification of same. COUNCIL MINUTES OCTOBER 23, 1995 - 471- CITY OF KITCI:IENER COUNCIL MINUTES OCTOBER 23, 1995 - 471- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL On motion by Councillor B. Vrbanovic - it was resolved: "That notwithstanding Council's motion of October 10, 1995 to ratify and confirm the decision of the Committee of Adjustment with respect to Submission No.F 8/95 - 111 Calmcrest Drive, Kitchener; That condition No.1 of the Committee of Adjustment decision with respect to Submission No.F 8/95 be amended to replace the words 'chainlink fence' at the end of the sentence with '2 inch wooden lattice fence' so that condition No.1 reads as follows: 'That for a distance of 4.88 m (16 ft.) from the rear property line, along the Blackhorne Drive property line and for a distance of 3.048 m (10 ft.) from the Blackhorne Drive property line, along the rear property line, the wooden fence shall be reduced to 0.91 m (3 ft.) in height or be replaced by a 1.52 m (5 ft.) high 2 inch wooden lattice fence."' COUNCIL MINUTES OCTOBER 23, 1995 - 471 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 10. Applications for Cancellation, Refund, Reduction or Levy of Taxes The Committee was in receipt of a letter dated October 18, 1995 from Mr. R.W. Pritchard, enclosing a summary of applications for cancellation, reduction, refund or levy of taxes pursuant to Section 442 of The Municipal Act, R.S.O. 1990. It was resolved: "That the applications attached hereto and forming part of these minutes relative to cancellation, reduction, refund or levy of taxes be disposed of as recommended therein." 11. Transfer of One Foot Reserve - SOUTH WARD The Committee considered a memorandum dated October 23, 1995 from Mr. J. Shivas, City Solicitor, dealing with a request for transfer of a one foot reserve on certain lands in the area of Erinbrook Drive. At the Council meeting of September 25, 1995, it had been resolved to defer consideration of a transfer in favour of Ontario Realty Corporation (formerly known as the Ministry of Government Services and Ontario Land Corporation) in order to seek resolution of ongoing development problems in Country Hills West (Glencairn) prior to transfer of the one foot reserve. The memorandum advises that discussions have taken place and agreement has been reached to rectify the problems in the Spring of 1996. Accordingly, approval of the request for transfer of a one foot reserve is recommended. On motion by Councillor G. Lorentz - it was resolved: "That the Mayor and Clerk be authorized to execute a transfer in favour of Ontario Realty Corporation (formerly known as the Ministry of Government Services and Ontario Land COUNCIL MINUTES OCTOBER 23, 1995 - 472- CITY OF KITCI:IENER COUNCIL MINUTES OCTOBER 23, 1995 - 472- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL Corporation) for part of 1' Reserve Block X, Registered Plan 1441, designated as Parts 1, 3, 4, 5, 6, 7 and 8, Plan 58R-9833 to be consolidated with Lots 34, 35, 36, 37, 38, 39 and 40 respectively, to provide frontage on and access to Erinbrook Drive." COUNCIL MINUTES OCTOBER 23, 1995 - 473 - CITY OF KITCHENER COUNCIL MINUTES OCTOBER 23, 1995 - 474 - CITY OF KITCHENER COUNCIL MINUTES OCTOBER 23, 1995 - 475 - CITY OF KITCHENER COUNCIL MINUTES OCTOBER 23, 1995 - 476 - CITY OF KITCHENER