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HomeMy WebLinkAboutCouncil Minutes - 1996-01-15COU NCIL\1996-01-15 JAN UARY 15, 1996 COUNCIL MINUTES CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillor G. Lorentz who entered the meeting shortly after its commencement. The meeting began with the singing of "O Canada" by the St. Stephen's Lutheran Church Mixed Choir under the direction of Pauline Finch. Councillor Jake Smola thanked the group for their appearance this evening. On motion by Councillor Jake Smola, the minutes of the regular meeting held December 11, 1995 and the special meetings held December 11, 1995, and January 8, 1996, as mailed to the Mayor and Councillors, were accepted. A. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (a) Letter from the Honourable Ernie Eves, Q.C., Minister of Finance, responding to City Council's resolution of August 21, 1995, to review The Assessment Act with a view to providing for supplementary assessments in the event of the conversion of a residential property from rental to owned. (b) Letter from Elizabeth Witmer, M.P.P., Waterloo North, supporting City Council's resolution of December 11, 1995, requesting the Provincial Government to hold part of the public hearings on Bill 26 in Kitchener. (c) Letter from the Honourable Michael D. Harris, Premier of Ontario, responding to City Council's resolution of November 14, 1995, regarding a strong two-tier system of government in the Region of Waterloo. Councillor G. Lorentz entered the meeting at this point. 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. In response to Councillor John Smola, Mr. L. Gordon advised that Tender T 95-92 represents an addition to the Rockway Golf Course Clubhouse and the balance of funding of $110,547 itemized in Mr. Gordon's memorandum represents improvements to the golf course grounds. Mr. T. Clancy advised that he understood the tender for the club house addition was slightly under estimate. Moved by Councillor J. Ziegler Seconded by Councillor C. Weylie "That tender T95-82, Liquid Calcium Chloride, be awarded to Pollard Highway Products, Harrow, Ontario at their tendered price of $50,100. (plus G.S.T. and P.S.T.)." - and - "That tender T95-94, Tire Recapping, be awarded to Hespeler Retreading, Cambridge at their tendered price of $55,216.20/year, plus G.S.T. and P.S.T." - and - "That tender T95-92, Rockway Golf Course Clubhouse Addition, be awarded to Nith Valley Construction, New Hamburg at their tendered price of $323,335., including all applicable taxes." Carried. Mr. Bryan Young appeared as a delegation on behalf of St. Andrew's Presbyterian Church to support the recommendation listed under item B.7 (a) of the Committee of the Whole agenda with respect to Committee of Adjustment Submission No.S 19/95. Moved by Councillor J. Ziegler JANUARY 15, 1996 COUNCIL MINUTES - 3 - CITY OF KITCI:IENER Seconded by Councillor M. Yantzi "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of December 12, 1995, recommending approval of Submission No. S 19/95 - St. Andrew's Presbyterian Church - Be Ratified and Confirmed." Carried. Mr. Bruce Wilson was registered as a delegation to oppose the recommendation listed under item B.7(b) of the Committee of the Whole agenda with respect to Committee of Adjustment Submission No. S 20/95 - James G. Pinder. Mr. Wilson did not appear and Councillor T. Galloway advised that in discussion with Mr. Wilson yesterday, it was his impression that Mr. Wilson had decided not to make a presentation this evening. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of December 12, 1995, recommending refusal of Submission No. S 20/95 - James G. Pinder - Be Ratified and Confirmed." Carried. Mr. Chad Krulicki and a delegation appeared in support of the Korova Cafe, student run coffee house, to request an amendment to the Licence Agreement with the coffee house. A recommendation in this regard was listed as item B.4 of the Committee of the Whole agenda of this date. Mr. Krulicki circulated a submission this date prepared as an update to provide information as to partnership amendment, finances and general comments. Attached to this update was a list of current mentors who are assisting the operators of the coffee house. Mayor R. Christy commended the students for their commitment to the project and indicated that he had visited the cafe during the New Year's Eve celebrations. Moved by Councillor J. Ziegler Seconded by Councillor C. Weylie "That the Licence Agreement dated November 13, 1995 with Glen Soulis, Harold Soulis, Chad Krulicki and Jeff Oke to operate a coffee house at 79 Joseph Street be terminated at the request of the licensees with such termination to be effective on the date that the new Licence Agreement is entered into; and further That the Mayor and Clerk be authorized to sign a new Licence Agreement with Chad Krulicki, Jeff Oke and Deborah Rothwell to operate a coffee house at 79 Joseph Street on the same terms and conditions as set forth in the previous Licence Agreement." Carried. Mr. Miron Kurczak, Fund Raising Co-ordinator, Community Justice Initiatives of Waterloo Region, appeared as a delegation to request approval for the temporary erection of up to two street banners on private, commercial properties in Kitchener for a temporary period from mid-January to mid-February, 1996. A copy of his letter dated January 11, 1996 in this regard was previously circulated to members of Council. The request relates to promotion of "Giving Heart to Justice Week 1996" and he pointed out in his presentation that normally the organization has been able to take advantage of the designated locations that are available to erect banners over City streets; however, none were available during the timeframe of the promotion. Councillor M. Yantzi disclosed a conflict of interest and abstained from all discussion as he is employed by Community Justice Initiatives. In response to questions, Mr. Kurczak advised that the locations of the commercial properties have not been firmed as yet, but he emphasized the banners would be totally on private property. Councillor K. Redman supported the request particularly since Community Justice Initiatives is on the authorized list for the annual erection of banners over City streets at the approved locations. COUNCIL MINUTES JANUARY 15, 1996 4 CITY OF KITCI:IENER Moved by Councillor J. Ziegler Seconded by Councillor Jake Smola "That notwithstanding the provisions in Chapter 680 (signs) of the Municipal Code, we approve a request of Community Justice Initiatives of Waterloo Region to erect up to two 'street banners' being 1.2m x 12.2m (4 ft. x 40 ft.) in size, for purposes of promotion of 'Giving Heart to Justice Week' for a temporary period from mid-January to mid-February, 1996 on private commercial properties in Kitchener." Carried. Councillor M. Yantzi previously disclosed a conflict of interest and abstained from all discussion and voting as he is employed by Community Justice Initiatives. Mr. Lawrence Bingeman appeared as a delegation to support and answer any questions with regard to item B.5 of the Committee of the Whole agenda, dealing with an agreement relative to operation of the City Hall cafeteria. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Redman "That the Mayor and Clerk be authorized to sign a Licence Agreement with Kitchener Dairies Limited to operate the cafeteria at Kitchener City Hall." Carried. Mr. Mike Frim appeared as a delegation on behalf of the Mill/Courtland Neighbourhood Association whose volunteers were instrumental in installing an outdoor winter rink at the Mill/Courtland Community Centre. A grand opening of the rink is planned for Saturday, January 27 and the Association wishes to use a portable sign to promote this special event; however the current by-law prohibits the display of portable signs on properties zoned "Park" and the Association requests relief from the Sign By-law regulation for the period January 20-29, 1996. Mr. Frim also advised that the grand opening would also serve as a fundraiser to benefit a child with leukemia. In support of the request, Council was in receipt of a letter dated January 12 from Mr. Reg Weber, Manager, Community Development, recommending the Association's request be granted. Moved by Councillor M. Wagner Seconded by Councillor J. Ziegler "That notwithstanding the provisions in Chapter 680 (Signs) of the Municipal Code, the Mill- Courtland Neighbourhood Association, be granted permission to display a portable sign in a Park Zone (MilI-Courtland Community Centre) from January 20-29, 1996 to promote the outdoor winter rink opening at the MilI-Courtland Community Centre." Carried. Ms. Holly Snider appeared as a delegation to object to the wording in clause 2 of the Planning and Economic Development Committee report dealing with the property known municipally as 84 Church Street. She objected to the change in zoning that took place on her lands which prevent the development of a single family dwelling. She also objected to the comments in the staff report of the Planning and Development Department suggesting that to provide the zoning would be to convey special privilege to the owners. Members of Council posed several questions to the delegation and further discussion took place following which Mr. T. McCabe advised that the department maintains that good planning policy took place, but that staff were willing to consider a new special policy to assist the delegation. Councillor M. Yantzi indicated that he would be willing to waive the remainder of City costs relative to the amendment applications. Councillor T. Galloway commented on the planning process that took place under the Stage VI Comprehensive Rezoning By-law and Amendment to the Neighbourhood Secondary JANUARY 15, 1996 COUNCIL MINUTES - 5 - CITY OF KITCI:IENER Plan and questioned if the matter could be addressed without the need for a full planning process. Mr. T. McCabe advised that the requirement for preliminary circulation of the applications could be waived, but that there was no other means to alter the zoning status. Following further discussion, Councillor J. Ziegler agreed with comments of Councillor M. Yantzi respecting the application and recommended that processing costs of the required applications be reduced as much as possible. Councillor Yantzi indicated that he would move clause 2 of the Planning Committee report on the expectation that it would be defeated at which time he would introduce another motion. Moved by Councillor M. Yantzi Seconded by Councillor J. Ziegler "That clause 2 of the report of the Planning and Economic Development Committee of this date be adopted." Motion Lost. Moved by Councillor M. Yantzi Seconded by Councillor J. Ziegler "That a Municipal Plan Amendment Application relative to 84 Church Street, be accepted for processing, such acceptance not to be construed as granting approval or refusal of the proposed amendment, and further, That a fee of $1 be charged for the Municipal Plan Amendment Application and Zone Change Application pertaining to 84 Church Street, and further, That we authorize waiving of the requirement for preliminary circulation." Carried. Mr. Don Stewart, Planning Initiatives, appeared as a delegation to advise that his client was in agreement with the recommendation listed under item B.8 of the Committee of the Whole agenda of this date, dealing with Committee of Adjustment Submission No.F 10/95 respecting the property known municipally as 100 Heiman Street. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of December 12, 1995, recommending approval of Submission No. F 10/95 - Oscar & Anna Gutierrez - Be Ratified and Confirmed." Carried. Moved by Councillor M. Wagner Seconded by Councillor T. Galloway "That the report of the Local Architectural Conservation Advisory Committee of this date be adopted." In regard to the demolition of the designated property known municipally as 30 Francis Street S, Council was circulated with a letter dated January 15, 1996 from Smith, Lyons, Barristers, Toronto, outlining their position with regards to the demolition. In concert with the Local Architectural Conservation Advisory Committee recommendation, a recommendation from the Planning and Economic Development Committee will consider the Demolition Control Application. The report was then put to a vote and Carried. Moved by Councillor M. Yantzi Seconded by Councillor C. Weylie COUNCIL MINUTES JANUARY 15, 1996 -6- CITY OF KITCI:IENER "That the report of the Planning and Economic Development Committee of this date be adopted." Voted on Clause by Clause. Clause #2 - dealt with under delegations and Motion Lost. Clause #5 - Carried (As Amended). 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." On motion by Councillor J. Ziegler, seconded by Councillor Jake Smola, it was agreed to amend clause 4 so as to provide that the cost of advertisement for Kitchener resident members on the Public Liaison Committee for Safety-Kleen, be at the Company's expense. It was requested that staff make arrangements with Safety-Kleen in this regard. Councillor Jake Smola referred to clause 12 and expressed the view that the electorate have the opportunity to choose between proposed ward options to modify the existing electoral ward system in the municipality. He was advised that there would be opportunity for input from the public through a public hearing process, at which time he could make his views known. The report was then put to a vote. Voted on Clause by Clause. Clause #4 - Carried (As Amended). Clauses #6 & 12 - Carried. Balance of Report - 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. Moved by Councillor T. Galloway Seconded by Councillor Jake Smola "That the report of the Environmental Committee of this date be adopted." Councillor B. Vrbanovic disclosed a conflict of interest and abstained from all discussion with regard to clause 1 of the report as his wife is an employee of the City of Kitchener. Councillor J. Ziegler advised that he was opposed to clause 1 on the basis that the Transit Pass Program represents a revenue loss to the City and that a reduction in the monthly cost of the transit pass has nothing to do with the monthly parking discount recently approved for City Hall employees working in the Downtown. He indicated that he could support a program to provide a $20 discount for anyone buying a transit pass for the first time for a one or two month period. Councillor T. Galloway advised that the Environmental Committee had approved the resolution based on environmental reasoning and recommended the matter be referred to the City's 1996 budget meeting for consideration. Councillor Ziegler was of the view that the resolution was more than just a budget issue and related to a matter of principle. Councillor Galloway commented that based on estimates provided, the recommendation would actually result in a net increase in revenue to Kitchener Transit given the addition of new riders without new costs. JANUARY 15, 1996 COUNCIL MINUTES 7 CITY OF KITCI:IENER On motion by Councillor J. Ziegler, seconded by Councillor M. Yantzi, clause 1 was amended so as to refer the recommendation to a future meeting of the Finance and Administration Committee rather than to the 1996 budget meetings of the Finance and Administration Committee. The report was then put to a vote. Voted on Clause by Clause. Clause #1 - Carried (As Amended). Balance of Report - Carried. Conflict of interest and abstention: Clause 1 - Councillor B. Vrbanovic as his wife is an employee of the City of Kitchener. Councillor G. Lorentz referred to recent newspaper articles concerning the Farmers' Market and Market Square and noted that members of Council should receive information before it is released to the public. Mayor R. Christy advised that the issue was a draft discussion that took place within a general discussion; however, he agreed that all City staff should ensure that members of Council are provided with such information. Councillor Lorentz then questioned the direction that the Safe City Committee was taking as to whether its focus was only the Downtown or the City as a whole. Councillor M.Yantzi commented that initially the budget of the Safe City Committee was coming from the Downtown Business Association, but the assumption was that Committee activities would evolve to encompass the whole City. Councillor Lorentz commented that it was his understanding that the Committee was to serve the entire City and that there were many issues requiring attention outside of the Downtown. Councillor Yantzi advised that he would raise Councillor Lorentz's concerns at the next meeting of the Safe City Committee. Councillor K. Redman confirmed that the Committee had been structured as a City-wide Committee and Councillor Lorentz noted that his concerns were based on the agenda which refers only to Downtown matters. Lastly, Councillor Lorentz referred to the City's policy regarding vehicles left idling and advised that he routinely sees Public Works Department and Parks & Recreation Department vehicles sitting with engines running. He asked that direction be given to Mr. T. McKay to make sure that senior staff are monitoring and enforcing the vehicle idling policy. Mr. McKay indicated he would attend to this. Councillor M. Wagner commented on recent publicity regarding the Governor's House and Jail and noted that something must be done about the condition of the property in the very near future. He advised that tours have been arranged for Friday, January 19 for members of Council to view the property. Also, Councillor M. Wagner pointed out that National Non-Smoking Week was just beginning and he advised that on January 17 the City of Toronto was to consider passing a by-law to prohibit smoking in plaza food courts. Councillor B. Vrbanovic enquired if there was any new information available from the Legal Department in respect to the coyote dog problem in rural areas of the City. Mr. J. Shivas advised that there was nothing new but Ms. L. Pasternak would try to provide a report to the Finance and Administration Committee at its next meeting. Councillor B. Vrbanovic advised that the Planning Operations Committee of the Grand River Conservation Authority will be meeting to deal with a recommendation to sell Kiwanis Park back to Kitchener for $1 nominal value and it was expected the recommendation would then be considered at the next regular meeting of the Authority. Councillor Jake Smola advised that he was supporting a revised Council policy respecting Sidewalk Snow Removal based on the presentation and discussion that took place at the January 8 meeting of the Planning and Economic Development Committee and subsequent discussions with staff and members of Council. In this regard the Committee was in receipt of Planning and Development Staff Report PD 96/8 dated January 11, 1996 proposing a revised policy. He questioned what the process would be for second and third offences involving the same property and Mr. K. Tribby advised that the same procedures would be in place relative to all offences. Mr. Tribby noted that the existing charge of $75 for City crews to clear sidewalks was set in 1991 and it has been recommended that actual costs amounting to $100 and administration costs of $25 be assessed for each occurrence where a crew must clear a sidewalk. It was pointed out that this fee structure would be contained in the Planning Department's Schedule of Fees and Charges that is reviewed each year as part of the annual budget process. JANUARY 15, 1996 COUNCIL MINUTES - 8 - CITY OF KITCI:IENER A general discussion then followed relative to the charge for the work as to whether it should be larger and on the notification process with regard to first and subsequent offences. Councillor M. Yantzi questioned how vacant properties will be treated and Mr. K. Tribby advised that staff would develop an administrative procedure to provide the owner with appropriate notification. Proposed Appendix "A" attached to PD 96/8, revised Policy 1-620, was considered and it was agreed that Criteria #2 under Policy Content be amended to provide that the eight adjacent properties on either side of the subject property be inspected rather than four on either side of the subject property as well as on the opposite side of the street. Moved by Councillor Jake Smola Seconded by Councillor John Smola "That existing Council Policy Resolution 1-620 (attached as Appendix B to staff report PD 96~8) be rescinded and replaced with the proposed new policy attached as Appendix A to PD 96/8, as amended this date, and further, That the minimum charge for City crews to remove sidewalk snow and ice be increased from $75 to $100 for the first hour or portion thereof, plus a $25 administration fee, for a total minimum fee of $125." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Redman "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend the City of Kitchener Municipal Code - Chapter 320 imposing a special charge on classes of buildings that impose or may impose a heavy load on the sewer or water system (b) Being a by-law to exempt a certain lot from Part Lot Control - Blocks 62 and 66, Registered Plan 1826 - Stanmore Avenue (c) Being a by-law to amend Chapter 375 of the City of Kitchener Municipal Code with respect to Tariff of Fees Committee of Adjustment (d) Being a by-law to repeal a by-law (By-law No. 95-90) (e) Being a by-law to amend By-law 85-1 known as the Zoning By-law - Dunsinnan Developments Inc. - Old Country Drive - No.93/O9/ONL (f) Being a by-law respecting noise from residential air conditioning devices including heat pumps and other stationary sources (g) Being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs (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 Jake Smola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. 7. Moved by Councillor Jake Smola JANUARY 15, 1996 COUNCIL MINUTES - 9 - CITY OF KITCI:IENER Seconded by Councillor M. Wagner "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 K. Redman "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) Carried. Being a by-law to exempt a certain lot from Part Lot Control - Blocks 62 and 66, Registered Plan 1826 - Stanmore Avenue (By-law No. 96-1) Being a by-law to amend Chapter 375 of the City of Kitchener Municipal Code with respect to Tariff of Fees Committee of Adjustment Being a by-law to repeal a by-law (By-law No. 95-90) (d) Being a by-law to amend By-law 85-1 known as Developments Inc. - Old Country Drive - No.93/O9/ONL (e) (By-law No. 96-2) the Zoning (By-law No. 96-3) By-law- Dunsinnan (By-law No. 96-4) Being a by-law respecting noise from residential air conditioning devices including heat pumps and other stationary sources (By-law No. 96-5) (f) (g) Being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs To confirm all actions and proceedings of the Council (By-law No. 96-6) (By-law No. 96-7) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned. JANUARY 15, 1996 COUNCIL MINUTES CITY OF KITCI:IENER MAYOR CLERK LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE - That, pursuant to Section 34(2) of the Ontario Heritaqe Act, R.S.O. 1990, we consent to the application of Wittington Group of Companies Ltd. to demolish the designated property known municipally as 30 Francis Street South, Kitchener; subject to the owner agreeing to the recording of the building, in accordance with Municipal Plan Policy, to a standard acceptable to the Local Architectural Conservation Advisory Committee and further, That, pursuant to Section 34(5) of the Ontario Heritaqe Act, R.S.O. 1990, the Legal Department be directed to prepare a by-law to repeal By-law No. 95-39, being the designating by-law. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - That Clause 2 of the report of the Planning and Economic Development Committee approved by City Council on July 4, 1995 be amended so as to correct the date of the approved extensions to July 1, 1996, rather than July 1, 1995. That a Municipal Plan Amendment application relative to 84 Church Street be accepted for processing, such acceptance not to be construed as granting approval or refusal of the proposed amendment, and further, That the fees for the Municipal Plan Amendment Application and Zone Change Application pertaining to 84 Church Street be partially waived and the property owner be charged $700.00 towards coverage of the City's direct costs. (Dealt with under Delegations and Motion Lost) 3. A) That the City of Kitchener continue the delivery of the RRAP program throughout 1996. B) That the position of Loan Programs Officer be continued on a temporary basis for 1996 to assist with the administration of the program. c) That Council support City of Kitchener staff acting as an agent to assist other municipalities in the region in the delivery of the RRAP program where demand and interest exists, provided revenue to the City exceeds costs. That Councillor Mark Yantzi be appointed Chair of the Kitchener Downtown Advisory Committee. 2) That Councillor Karen Redman be appointed Vice-Chair of the Kitchener Downtown Advisory Committee. That Demolition Control Application DC 96/01/F/RM (Wittington Group of Companies Ltd.) requesting approval for the removal of the residential building located at 30 Francis Street South legally described as Part Lot 60 to Part Lot 62, Registered Plan 375 be approved subject to the owner agreeing to the recording of the building, in accordance with Municipal Plan policy, to a standard acceptable to Kitchener's LACAC. (As Amended). That enforcement of the City's Zoning By-law be waived with respect to a commercial recreation business at the Southwood Plaza, 248 Stirling Avenue South and temporary occupancy be approved subject to the business vacating the location in the event the Zone Change Application and the concurrent Municipal Plan Amendment Application is not approved by the Ontario Municipal Board in a form that would permit this use. Further that in the event of failure to vacate, the City's Municipal By-law Enforcement Officer be directed to commence notice of action to remove the illegal use and that any work done to the premises be at the sole risk and responsibility of the owner in the event losses are incurred as a result of final disposition of these applications. FINANCE AND ADMINISTRATION COMMITTEE - That Kitchener Council approve the 1996 Operating Budget of the Kitchener Downtown Business Association as submitted by N. Brawley, Executive Director, on December 13, 1995. That Dr. James D. Currie be appointed as the alternate Veterinarian on the Dangerous Dog Appeal Committee, and further, COUNCIL MINUTES JANUARY 15, 1996 CITY OF KITCI:IENER COUNCIL MINUTES JANUARY 15, 1996 CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL That this appointment be for a term of one (1) year, expiring November 30, 1996. 3. That Mr. Fred Bishop be appointed as a Resident Director of Kitchener Housing Inc., and further, That this appointment be for a term of three (3) years, expiring November 30, 1998. That Councillor B. Vrbanovic serve as the City's representative on the Public Liaison Committee for Safety-Kleen, and that an advertisement at the expense of Safety-Kleen, be placed for two Kitchener resident members of the Committee. (As Amended). That Council grant the request of Doon Heritage Crossroads to waive the required licenses for a show referred to as "Seedy Saturday" to be held on February 24, 1996. That consideration of the request of the Wish Kids Foundation for permission to sell break-open tickets at a local variety store be deferred and referred to the January 22, 1996 meeting of the Finance and Administration Committee to allow T. Hurlbut, Executive Director, to attend with the organization's financial statements in order to answer various questions arising from the request. That Council grant the request of the Friends of Joseph Schneider Haus for permission to hold a raffle lottery in the City of Kitchener from February 11, 1996 to December 6, 1996. That regarding appointments to special committees, boards and commissions, and excepting those which are legislatively controlled, Council adopt a formal policy whereby an individual must either reside, work, or own property in Kitchener to be eligible for appointment. That Council Policy 1-60 (Appointment of Lay Members - Length of Service) be amended to delete the requirement for unanimous approval and substitute in its place a majority vote of two thirds of the members of Council relative to an appointment to the same special committee, board or commission beyond the current maximum of six consecutive years of service. 10. That the Council of the City of Kitchener endorse the position of the Association of Municipalities of Ontario with regard to Bill 26, as presented to the Standing Committee on General Government. 11. That no action be taken with regard to further development or consideration of the 12 Ward option developed by the staff committee addressing modification to the City's Ward system. 12. That regarding modifications to the existing City Ward system, the staff committee develop further scenarios involving two representatives in the Downtown for each of the 8 and 10 Ward options, develop options recognizing the Conestoga Parkway and Highway #8 between Montgomery Road and the Grand River as natural boundaries, create an overlay of the existing Ward configuration as a means of readily identifying proposed changes, with all of the preceding available for consideration by the Finance and Administration Committee in February of 1996. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That the following list of projects, arranged in order of priority, be submitted to the Regional Municipality of Waterloo for inclusion in the Region's 'Grand River Conservation Authority Special Benefit Projects' list for 1996 and the following years, namely: JANUARY 15, 1996 COUNCIL MINUTES CITY OF KITCI:IENER COUNCIL MINUTES JANUARY 15, 1996 - 13- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL 1. Schneider Creek - Channel Improvements (Manitou Drive to Balzer Road) $2,365,000.00 2. Laurel Creek- Erosion Control Works (Shirk Place to Grand River) $1,470,000.00 3. Schneider Creek - Erosion Control Works (Old Mill Road Bridge to Grand River) $ 25,000.00 4. Schneider Creek - Erosion Control Works - - Doon Properties - Pioneer Drive - Rockway Golf Course - other various locations $ 350,000.00 5. Grand River Boulevard - Erosion Control Works along Grand River $1,110,000.00 6. Stonegate Drive Outlet - Erosion Control Works (Stonegate Drive to Grand River) $ 507,000.00 7. Henry Sturm Greenway - Erosion Control Works $ 220,000.00 8. Voisin Greenway- Erosion Control Works $ 526,000.00 9. Homer Watson Park- Erosion Control Works $ 135,000.00 TOTAL PROJECTS $6.708.000.00 2.That the restructuring of Route 10 (Conestoga College/Chicopee) and Route 16 (Brigadoon/Huron) and the levels of service, as presented to the Public Works and Transportation Committee on January 8, 1996, be adopted, and further, That these changes be implemented as of March 11, 1996. 3.That parking be prohibited from 8:00 p.m. to 2:00 a.m. daily on the south side of Huber Street from Kinzie Avenue to Jansen Avenue, and further, That the Uniform Traffic By-law be amended accordingly. 4.That parking be prohibited from 8:00 a.m. to 4:30 p.m., Monday to Friday, on the west side of Rolling Meadows Drive from Newbury Drive to Tradewinds Place, and further, That the Uniform Traffic By-law be amended accordingly. 5.That parking be prohibited on the south side of Ahrens Street West from Breithaupt Street to the C.N.R. right-of-way, and further, That the Uniform Traffic By-law be amended accordingly. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) 6.That an Adult Crossing Guard facility be established at Doon Village Road and Pioneer Drive, effective January 8, 1996, and further, COUNCIL MINUTES JANUARY 15, 1996 - 14- CITY OF KITCI:IENER COUNCIL MINUTES JANUARY 15, 1996 - 14- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL That the 1996 Operating Budget be adjusted to reflect this additional service. 7.That parking be prohibited on the north side of Cherry Hill Drive from Country Hill Drive to the east leg of Coach Hill Drive, and further, That the Uniform Traffic By-law be amended accordingly. 8.That the City of Kitchener endorse the proposed Policy for Special Events on Regional Roadways, and further, That the Traffic and Parking Division maintain the responsibility of all signing and barricade service for all City of Kitchener special events. ENVIRONMENTAL COMMITTEE - 1 .That we offer City of Kitchener employees who work within the downtown core a $20.00 reduction in the monthly cost of a Kitchener Transit Pass, and further, That this recommendation be referred to a future meeting of the Finance and Administration Committee for consideration. (As Amended). 2.That the Environmental Committee opposes deferring commencement of the Henry Sturm Greenway/Monarch Woods remedial project from the 1996, 1997 to 1997, 1998 Capital Budget and further, That the designated "Mountain Bike Trail" be developed early in 1996, the Public Works component of the project be completed in 1996 and the remainder of the Parks and Recreation component be commenced in the fall of 1996 with completion early in 1997, and further, That this recommendation be referred to the 1996 Budget Meeting of the Finance and Administration Committee for consideration. COUNCIL MINUTES JAN UARY 15, 1996 -15- CITY OF KITCHENER COMMITTEE OF THE WHOLE BY-LAWS AS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Advance of Funds Councillor J. Ziegler questioned if the organizations receiving an advance of funds for purposes of their 1996 budget understand that their budget allocation for 1996 could be reduced over 1995 and Mr. Gazzola advised that that was the case and that once Council's 1996 budget was struck, any adjustments necessary would be made. Mr. R.W. Pritchard advised that the recommendation in the agenda should refer to allocations being based on 1995 rather than 1996. It was resolved: "That the City Treasurer is hereby authorized to advance funds as required, to the Social Planning Council of Kitchener-Waterloo, the Kitchener Musical Society, the Kitchener Horticultural Society, Project Lift, the Kitchener Public Library Board, the Centre In The Square Inc., the Kitchener-Waterloo Area Visitor & Convention Bureau and the Homer Watson House Foundation provided that such advances do not exceed 70% of the amount provided by Council to any such local Board or organization during the year 1995 save and except the Social Planning Council of Kitchener-Waterloo and Project Lift which shall on a month-to-month basis receive not more than 1/12 of their 1995 City budget funds. Such authorization, however, to exclude the Waterloo County Board of Education, the Waterloo Region Roman Catholic Separate School Board and the Regional Municipality of Waterloo, and that this arrangement shall remain in effect until such time as the 1996 budget is approved." 2. Purchase of Land - VICTORIA PARK WARD It was resolved: "That the City of Kitchener accepts the offer from the Hydro-Electric Commission of Kitchener-Wilmot to sell 787 square feet of vacant land designated as Part 8, Plan 58R- 9981 to the City for the nominal consideration of $1.00. Further, that the Mayor and Clerk be authorized to sign all documentation as required by the City Solicitor." 3. Licensinq Items It was resolved: "That the City of Kitchener has no objection to the Knights of Columbus, Council No. 9276, c/o 55 Driftwood Drive, Kitchener, Ontario, N2N 3A2, being granted permission to sell tickets in the City of Kitchener for the Knights of Columbus Ontario State Council's Annual Charity Car Draw to be held at the Regal Constellation Hotel, 900 Dixon Road, Etobicoke, on May 18, 1996." -and- COUNCIL MINUTES JANUARY 15, 1996 - 16- CITY OF KITCI:IENER COUNCIL MINUTES JANUARY 15, 1996 - 16- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES JAN UARY 15, 1996 -16- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 3. Licensinq Items (Cont'd) "That Ms. Iris Bonfig, 26 Guerin Avenue, Kitchener be granted a Massagist Licence and a Body Rub Parlour licence for the year 1996, and further; That Mr. Thorsten Bonfig, 26 Guerin Avenue, be granted a Massagist licence for the year 1996." -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 Golf's Steakhouse, 598-600 Lancaster Street West, Kitchener on February 19-21, 1996, inclusive." -and- "That the Moppet Parent Participating Preschool be granted permission to apply for a Raffle Lottery Licence for a draw to be held February 13, 1996, at Suddaby Public School." 4. Aqreement - Coffee House This item was dealt with under Delegations. 5. Aqreement - City Hall Cafeteria This item was dealt with under Delegations. 6. Director of Information Services Division Councillor B. Vrbanovic disclosed a pecuniary conflict of interest and abstained from all discussion as his wife is employed by the City of Kitchener in the Information Services Division. It was resolved: "That City Policy #11-76B, re the external advertising of senior management positions, be waived and the Chief Administrative Officer be authorized to approve the appointment of an internal staff member to the vacant position of Director of Information Services on the recommendation of the Commissioner of Finance." Councillor T. Galloway requested to be recorded as being in opposition to the motion. Councillor B. Vrbanovic previously disclosed a pecuniary conflict of interest and abstained from all discussion and voting as his wife is employed by the City of Kitchener in the Information Services Division. COUNCIL MINUTES JANUARY 15, 1996 - 17- CITY OF KITCI:IENER COUNCIL MINUTES JANUARY 15, 1996 - 17- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL At this time, Mr. T. McKay announced that Mr. Mike Grummett has been appointed as the new Director of the Information Services Division. 7. Committee of Adjustment - Minor Variances (Siqn) - CENTRE AND FAIRVIEW WARDS These items were dealt with under Delegations. COUNCIL MINUTES JAN UARY 15, 1996 -17- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 8. Committee of Adjustment - Minor Variances (Fence) - ROCKWAY-ST. MARY'S WARD This item was dealt with under Delegations. 9. Kitchener-Wilmot Hydro - Surplus Substation #12 - WEST WARD Councillor J. Ziegler questioned if any subsidy monies were required for the subject property and Ms. S. Frenette advised that no subsidy was necessary to operate the unit. Councillor Ziegler then expressed concern for the $1,600 monthly average subsidy required for Kitchener Housing Inc. units and questioned how this expenditure could be reduced. With regard to the Substation #12 property, Ms. Frenette advised that the original investment would be repaid and that Habitat for Humanity was not interested in the site. Mayor R. Christy advised that the Hydro Commission is offering other properties for development that Habitat for Humanity may be interested in. It was resolved: "That the City of Kitchener purchase Substation #12 from the Hydro-Electric Commission of Kitchener-Wilmot at the sum of $10,341 for sale at cost to Kitchener Housing Inc. for the purposes of converting the building into a single detached rental unit within Kitchener Housing's portfolio." 10. Tenders The tenders were dealt with under Delegations. 11. Sale of City Surplus Land - SOUTH WARD Councillor T. Galloway questioned the recommendation in that he understood another proposal had been made but the proponent had been frustrated by the Union Gas Easement and negotiations had not been concluded. Mr. J. Shivas indicated that Mr. G. Andersen had recommended acceptance of the offer based on all negotiations that had taken place to date. Mr. T. McKay confirmed that negotiations had taken place with another individual and failed to reach conclusion. It was his understanding that the interested party decided not to proceed with a development and the negotiations subsequently went back to discussions with W.N. Kirkpatrick. JANUARY 15, 1996 COUNCIL MINUTES - 18- CITY OF KITCI:IENER COUNCIL MINUTES JANUARY 15, 1996 - 18- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL It was resolved: "That the City of Kitchener accept an offer of $5,000. from Winnifred N. Kirkpatrick to purchase 559.5 square metres of vacant City land described as Part of Lot 9, Beaseley's Broken Front Concession, designated as Part 1, Plan 58R-7412; Prior to conveyance of the property, an Easement in favour of Union Gas Limited shall be registered over part of the land designated as Part 1, Plan 58R-9396 at no cost to the City." 12. Aqreement - Downtown Events Promoter Councillor B. Vrbanovic thanked staff for their assistance in reaching a recommendation for the Downtown Events Co-ordinator/Promoter. It was resolved: "That the Mayor and Clerk be authorized to sign an Agreement with Lynn Communications Inc. to perform duties of the Downtown Events Coordinator/Promoter." COUNCIL MINUTES JAN UARY 15, 1996 -18- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 13. Purchase- FORESTWARD Councillor G. Lorentz spoke of the importance of the future fire station/community centre development within Forest Heights and in particular thanked Messrs. T. McKay and T. McCabe for their work in this regard. He also mentioned that a generous donation was made by IPCF Properties Inc. in this regard. It was resolved: "That the City of Kitchener submits an offer to IPCF Properties Inc. for approximately 5.95 acres of land being part of Block A, Registered Plan 1384 municipally known as part of 875 Highland Road West for the sum of $925,000 for a fire station/community centre, and further, At the time of closing of this transaction IPCF Properties Inc. shall pay to the City the sum of $250,000. and the City shall give IPCF Properties Inc. a receipt for a tax deductible donation of $250,000, and further, That the Mayor and Clerk are hereby authorized to execute all necessary documentation as required by the City Solicitor." 14. Epton Industries - VICTORIA PARK WARD It was resolved: "That, Mayor Christy, on behalf of The Corporation of the City of Kitchener, advise the Ministry and Minister of Environment and Energy in writing of the City's concerns JANUARY 15, 1996 COUNCIL MINUTES - 19- CITY OF KITCI:IENER COUNCIL MINUTES JANUARY 15, 1996 - 19- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL regarding the presence of an electrical transformer and PCB wastes at the former Epton site located at 521 King Street West, Kitchener. The letter shall also request that as the body responsible for the resolution of environmental problems, the Ministry exercise its jurisdiction to secure the removal of the transformer and PCB wastes as soon as possible. - and - That the Legal Department be authorized to proceed with legal action, as required, regarding the closure of the former Epton site at 521 King Street West, Kitchener." 15. Expropriation Settlement -Ancona Printinq Limited A recommendation was provided by Mr. J. Shivas, City Solicitor, with regard to an expropriation settlement pertaining to the property known municipally as 121 Duke Street West. It was resolved: "That the City accept the offer of Ancona Printing Limited, set out in the January 8 and 12, 1996 letters from its solicitor, John Doherty to settle in part the costs to expropriate property known as 121 Duke Street West, in the amount of $108,284.70."