From: jdnicoll@watyew.uwaterloo.ca (James Davis Nicoll)
Subject: July 13 Minutes, Part One
Organization: University of Waterloo
Distribution: kw
Date: Wed, 29 Jul 1992 14:26:31 GMT


[Kitchener 1992 Minutes, pages 423-435, {part 1 of 3}]
 
                              COUNCIL MINUTES
                               JULY 13, 1992
 
The Council of the Corporation of the City of Kitchener met this date with
all members present except Alderman G. Lorentz.
 
On motion by Alderman C. Weylie, the minutes of the regular meeting held June
22, 1992, as mailed to the Mayor and Aldermen, were accepted.
 
A. Communications - referred directly to file
 
  (1) Letter dated June 25, 1992 from Elizabeth Witmer, M.P.P., Waterloo
      North, responding to Council's resolution of April 13, 1992
      relative to proposed amendments to the Labour Relations Act.
 
  (2) July 3, 1992 Clerk's Statement on candidate disclosure re: November
      12, 1991 municipal election for the offices of Mayor, Alderman,
      Hydro Electric Commissioner, Member - Waterloo County Board of
      Education and English and French Language Members - Waterloo Region
      Roman Catholic Separate School Board.
 
  (3) Financial Statements of the City of Kitchener for the period ended
      December 31. 1991.
 
Mr. Wilmer Martin, President of Habitat for Humanity Canada, 159 Herbert
Street, Waterloo, and Mr. P. Dietrich appeared as delegations with regard to
Mr. Dietrich's May 25 letter and direction that was given at the June 15
meeting of Planning and Economic Development Committee with regard to the
submission of the Waterloo Region affiliate of Habitat for Humanity.  A
recommendation relative to this matter was listed as item B.8 of the
Committee of the Whole agenda of this date. Mr. Martin stated that he was
grateful for the support and recommendation being advanced by City staff and
pointed out that the Jimmy Carter workshop will require support from many
levels of the community. Further, Mr. Martin stated that it was his
understanding that Habitat for Humanity could submit a grant request relative
to this 1993 undertaking.
 
   Moved by Alderman C. Zehr
   Seconded by Alderman G. Leadston
 
   That with respect to the agreement of the City of Kitchener to partner
   with the Waterloo Region affiliate of Habitat for Humanity, we agree to
   the following relative to the Daniel Avenue Housing Project, as
   supported by the Jimmy Carter Work Camp:
 
   1. That a cash-in-lieu contribution for parkland dedication on Daniel
      Avenue be assessed at $1.00.
   2. That storm drain, sewer and individual water service laterals be
      installed by the City at the time of Daniel Avenue reconstruction.
   3. That the proposed 13 lots on Daniel Avenue be exempted from
      frontage costs for the new storm sewer.
   4. That overhead hydro be permitted along Daniel Avenue.
   5. That building permit fees and required lot development charges not
      be waived.
                                                 Carried.
 
Mr. D. Travers, Travers and Paquette, Barristers & Solicitors, appeared as a
delegation with regard to clause 6 of the report of the Planning and Economic
Development Committee of this date and advised that the applicant was in
support of the Committee recommendation.
 
   Moved by Alderman J. Ziegler
   Seconded by Alderman C. Weylie
 
   That clause 6 of the report of the Planning and Economic Development
   Committee of this date be adopted.
                                                 Carried.
 
Mr. J.A. (Jack) Young, J.A. Young Associates, Consultants, 309-45 Caroline
Street N, Waterloo, appeared as a delegation on behalf of his client, Safety-
Kleen/Breslube.  He advised that the name Safety-Kleen/Breslube no longer
exists and that the operation was known as the Oil Recovery Division. He
advised that sometime ago, the company applied to the Ministry of the
Environment for a permit to destroy contaminated used oil containing P.C.B's
that has been held in security storage and that the ministry was prepared to
issue the permit subject to conditions, one of which was that the company
hold some public information meetings in the immediate communities prior to
the holding of an official public hearing. Mr. Young advised that a public
meeting for interested residents was planned for July 15, 1992 at the Breslau
restaurant in the Village of Breslau.  Mr. Young indicated that he was
seeking agreement in principle from City Council with regard to the proposal
attached to his June 24 letter which describes the approach and methodology
to destroy P.C.B. contaminated oil.
 
Mr. Dave Peel appeared as a delegation on behalf of Safety-Kleen/Breslube and
pointed out a certificate of approval from the Ministry would authorize a
one-time only destruction of the P.C.B. contaminated used oils.   He
described the process of treatment which involves relatively simple chemistry
to destroy the P.C.B. contaminated oil and indicated that it would take
approximately 21 days to complete the process.  Assurance was given that
during that time period, additional supervisory staff would be on hand and
that ongoing testing would be undertaken which would be subject to
independent verification and that public access would be provided to all
documentation relative to the undertaking.
 
Alderman T. Galloway questioned the request for approval in principle and
exactly what it might mean for the municipality.  He commented that the
Ministry of the Environment was the agency that understood the process and
what needs to be done and that the Ministry has not required municipal
approval as one of its conditions.
 
   Moved by Alderman J. Ziegler
   Seconded by Alderman C. Weylie
 
   That the Council of the Corporation of the City of Kitchener express its
   thanks to Safety-Kleen Canada Inc.  for the information that
   representatives of the company have provided respecting plans for
   destruction of P.C.B. contaminated used oils and that Safety-Kleen
   Canada Inc. be encouraged in its plans to conduct a public information
   meeting and to comply with all M.O.E. regulations.
                                                Carried.
 
Mr. Paul Lawson, Lawson Signs, 891 Guelph Street, appeared as a delegation in
support of his submission to City Council that was included with the Council
agenda.  Mr. Lawson's concern was the issue of A-Frame Sidewalk Signs as
dealt with in the proposed new Sign By-law. He indicated that his specific
concern was the point in time at which the proposed by-law would take effect
on A-Frame signs outside of the downtown area and how long businesses that
now have an A-Frame sign would be permitted to use them.
 
Mr. S. Klapman pointed out that the by-law allows signs in the Downtown and
Belmont Improvement Areas but it is proposed to not allow them outside of the
Downtown and Belmont areas. He noted that Mr. Lawson was in effect asking
Council to allow a grace period or phasing out period of the current
regulations.
 
In response to Alderman J. Ziegler, Mr. Lawson advised that he makes A-Frame
signs which he either sells or rents and recommended a five-year grace period
from the proposed new regulations.
 
Alderman J. Ziegler questioned if staff gave consideration to wording the
regulation so as to provide that A-Frame signs would be used only during
business hours and then removed and taken into the business premises. Mr. S.
Klapman advised that such a procedure would become an enforcement problem.
In response to Alderman M. Yantzi, it was suggested that wherever there were
portable signs located, an A-Frame sign could usually be found. Alderman
Ziegler suggested that Council not enforce regulations of the by-law
pertaining to A-Frame signs for the remaining life of this Council so as to
in effect provide a grace period in respect to the restrictive changes.
 
   Moved by Alderman B. Stortz
   Seconded by Alderman C. Zehr
 
   That the concerns and request of Mr. Paul Lawson, Lawson Signs relative
   to the regulations of the new proposed Sign By-law be deferred and
   referred  to the Planning and Economic Development Committee for
   consideration in conjunction with a report from Mr. K. Tribby on this
   issue.
                                                  Carried.
 
Mrs. S. Herringer, Out of the Woods, St. Agatha, appeared as a delegation
with respect to clause 3 of the report of the Community Services Committee of
this date dealing with the cost of the City of Kitchener parade float.
 
Mr. F.S. Graham explained that Mrs. Herringer was appearing in connection
with a shortfall relating to financing of the City's parade float and noted
that following discussions, the price and financing has been agreed upon in
accordance with the detail contained in the memorandum from Mr. J. Gazzola
dated July 8, 1992.
 
   Moved by Alderman G. Leadston
   Seconded by Alderman M. Wagner
 
   That clause 3 of the report of the Community Services Committee of this
   date be amended and re-worded so as to read as follows:
 
   "That we endorse the approach outlined in the memorandum dated July 8,
   1992 from Mr. J. Gazzola with respect to financing the Oktoberfest
   Parade Float as set out hereunder:
 
   (1) The City of Kitchener should accept the tender submitted by "Out of
       the Woods" Float Company for the acquisition of a float at a cost
       of $41,500 plus G.S.T (Total cost will be approximately $43,000).
   (2) The $43,000 will be provided from the Capital Contingency Account.
   (3) A Reserve Fund should be established to provide funding for the
       repair, replacement and future renovation of the Oktoberfest Float.
   (4) An annual amount of $5,000 be budgeted to maintain the float; pay
       for parade entry fees; and provide for other operating costs such
       as volunteer recognition."
                                                Carried.
 
Mr. John Rousseau, Sutherland, Hagarty, Mark & Somerville, Barristers,
appeared as a delegation on behalf of Canada Alloy Castings Ltd. with regard
to clause 3 of the report of the Planning and Economic Development Committee
of this date dealing with Official Plan Amendment Application 91/15 and Zone
Change Application 91138/H/LB of Berkshire Building Corporation.  Mr.
Rousseau also mentioned that he was representing Lear Seating Canada Ltd.,
530 Manitou Drive and Waterloo Furniture Components Ltd., 501 Manitou Drive.
He stated that his clients were opposed to the applications and supported the
recommendation of the committee that the applications be refused. In respect
to Canada Alloy Castings Ltd. he advised that the firm had located to its
present site 25 years ago, in order to locate away from residential uses and
because the area was zoned for similar heavy industrial uses. Council was in
receipt of a submission from Canada Alloy Castings Ltd. outlining its
opposition, nature of its work, history and planning that has taken place
relative to its property. Mr. Rousseau noted that in the 1970's land on the
south side of Homer Watson Blvd. was rezoned to residential and that in the
1980's adjacent lands on the north side of Homer Watson Blvd. were rezoned as
Light Industrial.  He advised that his client had agreed to the Light
Industrial Rezoning only on the basis that it would not harm them; however
now the Light Industrial Zoning was being infringed upon by the applications
submitted by Berkshire Holdings Ltd.  He pointed out that his clients
operation was considered as a very heavy industrial use involving high noise
levels, high temperatures and very large amounts of dust that was generated.
In summary, he noted that the application of Berkshire Building Corporation
would have allowed a restaurant use not far removed from his clients
building; however, because of the incompatibility of uses, the applications
should not be allowed and should be refused. In response to a suggestion by
Mayor D.V. Cardillo that the matter be deferred and further reviewed, Mr.
Rousseau stated that such a deferral would not serve any purpose.
 
Mr. Bill Kerr, Canada Alloy Castings Ltd. also appeared as a delegation
regarding clause 3. He reiterated that 25 years ago, the City of Kitchener
had sold Canada Alloy Castings Ltd., their present 25 acre site for heavy
industrial purposes and that the firm had relied on the City respecting this
arrangement and had relied on the zoning within the area to accommodate the
heavy industrial use. He commented that the current applications, if they
were approved, would expose the company to the possibility of law suits and
that this was the third time the company has had to approach Council to fight
the same re-zoning requests. In summary, he commented that any delay would
not alter their views.
 
Mr. Paul Britton, MacNaughton, Hermsen, Britton, Clarkson Planning Ltd., 171
Victoria Street N, appeared as a delegation on behalf of Berkshire Building
Corp. with regard to clause 3 of the report of the Planning and Economic
Development Committee of this date. Mr. Britton requested that Council defer
the recommendation of the Committee to refuse the application. He noted that
the committee resolution was contrary to the staff recommendation and
recommended that an objective study should be undertaken to consider issues
that would be of concern to the Ministry of the Environment and issues
relating to impact of the proposed development on traffic on Homer Watson
Blvd. He commented that if the results of such studies illustrated that the
proposed development was incompatible with adjoining uses, then this outcome
could be accepted, but the applicant wished the opportunity to clarify these
matters. Accordingly, Mr. Britton requested a deferral with a minimum one
month notification to allow consideration of the results of the studies that
were to be carried out.  Further, he stated that he did not believe the
Traffic Study referred to at the committee meeting was fully understood and
that concerns expressed by Canada Alloy Castings Ltd. regarding their
operation as it relates to smoke, heat, noise and vibration should be
studied.
 
In response to Alderman M. Yantzi, Mr. Britton advised that these operational
matters were raised as an issue at the Committee meeting and it would be
prudent to study them and then make a decision.
 
Alderman C. Zehr questioned why studies related to the concerns that had been
raised had not been done already by the applicant and Mr. S. Klapman advised
that it was at the committee meeting that these matters were first raised.
 
Mr. B. Kerr advised that Canada Alloy Castings Ltd. voiced the same
objections in 1987, 1990 and 1992 and questioned what could be accomplished
by further study.  According to regulations of the Ministry of the
Environment, his firm would be in violation of the regulations and would be
guilty should complaints be made by businesses operating from the applicant's
property if it was rezoned.
 
Mr. J. Rousseau commented that Canada Alloy Castings Ltd. was a heavy
industry and that there would be complaints regardless of whatever measures
or arrangements were made respecting the rezoning simply as a result of the
nature of the business.
 
Alderman M. Yantzi commented that this was a situation where City Council
could show its support for existing industry in the City by refusing the
applications as not being good planning. Alderman T. Galloway commented that
he was opposed to the application on the basis that even though Ministry of
the Environment regulations might be met, businesses would not feel bound to
accept the situation and development of the property could further aggravate
the existing traffic situation on Homer Watson Blvd.
 
   Moved by Alderman J. Ziegler
   Seconded by Alderman C. Weylie
 
   That clause 3 of the report of the Planning and Economic Committee of
   this date be adopted.
 
Mayor D.V. Cardillo requested a recorded vote.
 
   In favour: Aldermen B.Stortz, M.Wagner, M.Yantzi, J.Smola,
              C.Zehr, J.Ziegler, T.Galloway and C.Weylie.
      Contra: Mayor D.V.Cardillo and Alderman G.Leadston.
                                                         Motion Carried.
 
Mr. Michael Milloy, President, Gateman Milloy, 270 Shoemaker Street,
Kitchener, appeared as a delegation and provided Council with a pamphlet
containing various pieces of correspondence concerning a bid that his firm
had submitted to the Public Utilities Commission of the City of London on a
park construction project, Tender No. 9208, for the development of Southwest
Optimist Park. He thanked the City for its support on this matter, since the
issue first arose which involves serious principles relative to the tendering
process. He pointed out that after tenders had been opened by the London
P.U.C. it had been decided to award the contract not to the low bidder which
was Gateman Milloy but rather to a local London firm that had submitted a
higher bid. He stated that this action undermines the tender process given
the outright favouritism and pointed out that there was no indication in the
tender documents that preference would be given to local bidders. In summary
he requested that City Council address this matter in an appropriate manner.
 
In response to Alderman B. Stortz, Mr. Milloy indicated that he had responded
to London elected officials and provided a breakdown of his firm's bid. He
also stated that it was his understanding that formal award of the contract
has not yet been made and that the Canadian Construction Association has
written to the City of London on this matter requesting that the integrity of
the tendering process be upheld. Following some discussion, Members of
Council indicated their support of Mr. Milloy's position.
 
   Moved by Alderman B. Stortz
   Seconded by Alderman J. Smola
 
   That the London Public Utilities Commission, be advised that the City of
   Kitchener has grave concerns relative to their recent decision to give
   preference to a local firm, which was not the lowest bidder, in their
   award of the contract for Tender No. 9208. We respectfully request that
   they reverse their decision to re-establish the integrity of accepted
   purchasing/tender practice based upon fair review of all tender
   submissions free from undisclosed discriminatory criteria favouring a
   bidder's geographical location.
 
   And further that a copy of this resolution be sent to Mayor Thomas C.
   Gosnell of the City of London and the Minister of Municipal Affairs.
                                                 Carried.
 
Mr. Philip Fernandez, 62 Queen Street S, appeared as a delegation
representing the Race Relations Committee of Kitchener-Waterloo. He stated
that he was present to support the recruitment process of the City in respect
to the hiring of new firefighters. Mr. Fernandez stated that the initiative
of the City was in reality a mild pro-active approach to bring about more
hiring of visible minorities, women, aboriginals and the disabled.  He
emphasized that the initiative should not be viewed as reverse discrimination
and pointed out that no one has been able to prove that unqualified persons
have been recruited as firefighters. In summary, he urged Council to
strengthen its resolve on this matter and indicated that his committee was
ready to assist Council relative to the goals of Employment Equity.
 
In response to Alderman J. Ziegler, Mr. Fernandez suggested that there have
been many studies done that document barriers to employment and promotion of
the groups referred to. Alderman Ziegler suggested that the direction of the
City should be to provide leadership and education to eliminate all barriers
so that it can be perceived that the system is fair and to not erect new
barriers to any group.
 
Mr. Jake Smola, 61 Hillview Street, appeared as a delegation on behalf of
People Promoting Equal Treatment for Employment. He noted that this
organization was recently formed that includes women, visible minorities and
taxpayers, all of whom oppose the City's process in recruiting firefighters.
He stated that there were two issues of concern, the first being that the
most qualified candidates have not been allowed to proceed within the hiring
process as a result of an employment equity thrust and the second issue
related to the selection process and pointed out that the City in its
policies has outlined that age, race, etc. are not factors in selection or
the hiring process and requires that all staff be non-discriminatory in their
dealings. Discussion then centred around the passing mark with respect to
the first and second tests that were taken by applicants and the fact that
the white male applicant group had been restricted so that only those with a
mark of 85 or higher moved on to the interview stage, whereas all other
applicants moved on provided they achieved a score of 70.  Mr. J. Smola
pointed out that prior to the test being written, Fire Chief J. Hancock had
stated clearly that the test process was a competition and that the highest
scoring applicants would move on to the next phase.  He then referred to
quotations from the Ontario Human Rights Code and other legislation and
requested that Council act to stop the current hiring process immediately and
then direct that all candidates scoring a pass of 70 or more on tests 1 and
2 proceed to the next phase in order that the most qualified be hired.
Mrs. Linda Livingston, 26 Springdale Drive, appeared as a delegation on the
firefighter issue and stated that while she supported the concept of
employment equity, that tax dollars were not being spent wisely. She stated
her prime concern was that the Chief Administrative Officer and the
Commissioner of Administrative Services had taken it upon themselves to
promote the philosophy behind the current firefighter recruitment process.
She asked that the hiring procedure be frozen so as to allow City Council to
consider the matter and implement fair hiring procedures.
 
Alderman M. Yantzi referred to the fact that only a small sample of
population from the presently under-represented groups in the Fire
Department; that is, women, visible minorities, aboriginals and disabled had
applied for the available positions and that the overwhelming numbers of
white males would skew the test results.
 
Mr. R. Freeborn then offered an explanation with respect to the passing
grades relative to the first and second tests and noted that had there not
been restrictions in time and funding, everyone who passed the tests would
have been allowed to proceed. He then explained the outcome of the second
test and the breakdown of those who had moved on to the physical portion of
the testing procedure.
 
Mr. Peter Buehlow advised that he lived south of Kitchener and had written
the second test, received 91% and was not allowed to proceed to the next
stage and expressed his disappointment at that outcome given the high score
that he achieved being 77 out of 85, whereas 78 out of 85 was the passing
score for white males, in comparison to a lower passing score for all other
applicants.
 
Alderman C. Zehr advised that three of the first four tests were as objective
as possible whereas the last one was subjective. It was noted that 46 out of
64 applicants passed the physical test phase.
 
Mrs. Jacqueline Oswald, Douglas Drive, Ayr, appeared as a delegation with
respect to the firefighter issue and commented that as a woman and a member
of a visible minority group, she took strong exception to being treated as an
"oddity" under the current approach being followed with respect to the
recruitment of firefighters. She stated that this course of action would
lead to discrimination. Further, under this approach, she questioned how it
could be decided what category her children would fall into given that she
was of Asian background within a mixed marriage. She suggested that a double
standard was being applied in this entire matter and requested that all
persons be given equal opportunity and stated that the current hiring process
was not fair, honourable or equitable.  She stated that there should be one
passing mark and that all persons should be treated as individuals and not
categorized by group and if the test being administered was in fact
determined to be biased, then the thrust should be to change the test.
Finally, she pointed out that she has two university degrees that she had
earned and that they were not awarded to her based on some form of numbers
game among classes of students.
 
Responding to Mrs. Oswald remarks, Alderman G. Leadston stated that he had
heard similar views from a businessman who was a member of a visible minority
group and that he had stated he did not want special treatment.
 
Mr. Robert Bossenberg, 270 Morrison Road, appeared as a delegation respecting
the firefighter recruitment process and stated that a double standard was
being applied and that the approach of the City administration was totally
twisted and that the Fire Chief had also stated when he took his test at a
time different than one of the previous delegations had taken his, that the
Chief had stated that the tests were on a competitive basis.
 
Mr. Jake Smola again appeared before Council and referred to a copy of an
advertisement placed by the City of Guelph outlining the qualifications for
firefighters. He stated that if the qualifications for firefighters were
raised then only serious applicants would apply and the City would not be
overwhelmed by the numbers of applicants.
 
Alderman Leadston suggested that consideration be given to changing the
concept of hiring firefighters so as to provide relief to taxpayers and
require candidates to have first taken and passed the firefighters courses
which the City now sends its recruits to at City expense.
 
Mr. R. Freeborn advised that the infrastructure for training of higher
numbers of firefighters does not exist. Alderman Leadston requested that Mr.
Freeborn communicate with police officials and fire officials to see if there
were any plans in the future for such an approach.
 
Alderman J. Ziegler indicated that he would be introducing a motion
respecting this matter, but first commented that the grading and subsequent
administrative actions were in effect a random arbitrary method to eliminate
those individuals whom the administration believed did not belong to the
target group. Further, he referred members of Council to a recent article in
the K-W Record written by Monna Zentner, Associate Professor, Applied Social
Sciences, Renison College, University of Waterloo, commenting on the City's
hiring approach and basically suggesting that irrelevant criteria was being
utilized in the recruitment process and questioning what could possibly be
achieved by the perversion of recruitment criteria.
 
   Moved by Alderman J. Ziegler
   Seconded by Alderman G. Leadston
 
   That the Council of the City of Kitchener instruct its staff to set
   standards for hiring based on merit. It is the intention of this
   Council that all hirings and promotions will be decided on merit, unless
   specifically directed by the Province of Ontario or the Government of
   Canada to do otherwise.
 
   For clarification, this policy in no way interferes with the objective
   to actively pursue applicants for various categories of employment in
   which it is desirable to visibly increase the representation of women or
   visible minorities, but provides in all cases that all persons are
   treated equally, tested equally and evaluated using the same criteria.
 
   And further, it is the instruction of this Council that the Kitchener
   Fire Department be instructed to develop testing methods free of gender
   bias in respect to both physical and intellectual testing, in which men
   and women will be evaluated on the same basis, with no variation in the
   standard to be applied in choosing any individual applicant over
   another, except on the merits shown through the testing.
 
There was some discussions relative to inclusion of reference to visible
minorities in the third paragraph of Alderman Ziegler's motion, but it was
unclear how this should be included and appeared to be left unresolved when
his motion was dealt with.
 
Alderman B. Stortz stated that he believed the recruitment process was fair
and he was opposed to Alderman Ziegler's motion stating that the implication
of bias was wrong. Alderman M. Wagner suggested that the issue was mired in
statistics and that the point of concern is that of fairness to minority
groups. Alderman C. Weylie made the point that no females have ever been
hired by the Fire Department in the past but suggested that the best way to
address the entire matter is to find a written test that was unbiased and
fair. Mr. R.Freeborn explained that the City utilizes a California-based
test that is the most widely used one available, but that staff would review
it and look at other available tests. Alderman Weylie stated that an issue
of concern to her was that there should be an annual physical testing of
firefighters. She requested the question of a recruitment test and screening
process be brought back to Council for additional discussion. Alderman T.
Galloway commented that he was convinced that process would result in the
best 20 applicants being hired and stated that while he supports the intent
of the initiative, there was a need that the recruitment process be perceived
as fair.  Alderman Galloway suggested that in future, the City delineate
between the employment equity initiatives and the actual recruitment process
and further attempt to level the playing field for all applicants. Alderman
C. Zehr commented that the standard required of firefighters has not been
prejudiced and Alderman J. Smola stated that he felt that recruitment process
was fair.
 
Mayor D.V. Cardillo requested a recorded vote on Alderman J. Ziegler's
motion.
            In favour: Aldermen J.Ziegler and G.Leadston.
            Contra: Mayor D.V. Cardillo and Aldermen B.Stortz,
                    M.Wagner, M.Yantzi, J.Smola, C.Zehr,
                    T.Galloway and C.Weylie.
                                                             MOTION LOST.
 
1. Moved by Alderman J. Ziegler
   Seconded by Alderman C. Weylie
 
   That the report of the Planning and Economic Development Committee of
   Council of this date be adopted.
 
Alderman B. Stortz advised that he had additional discussions with Mr. J.
Wallace on Item 3 of clause 1 and indicated that he wished to amend Item 3 by
deleting the words "delete the words 'and secured by a lien on the property
which is registered on title' and.....' in its place." The mover and seconder
agreed to accept this as a friendly amendment to the motion.
 
Alderman B. Stortz then referred to clause 2, item 1.2.3 and stated that he
did not support the recommendation as there were a number of offices in the
downtown core area with high vacancy rates.
 
Alderman M. Yantzi commented that the timing was bad at this time with regard
to the matter of Item 1.2.3.  In this regard he referred to a copy of a
letter dated June 30, 1992 received from Cambridge Leaseholds requesting
deferral of the implementation of office location policies for three years to
allow the economic climate to improve and for the existing office market to
stabilize. Alderman M. Wagner noted that Downtown Official Plan Policies
were presently under consideration and recommended that since this issue had
a relationship to uses in the downtown that it should not be dealt with at
this time. Alderman T. Galloway disagreed as the office location matter was
an integral part of the Huron Review that was presently under way and the
possibility of permitting free-standing offices in the Huron Business Park
must be addressed.
 
The report was then put to a vote.
 
     Voted on clause by clause.
 
     Clause 1 - Carried (As Amended).
     Clause 2 - A recorded vote was requested in
                respect to item 1.2.3 of clause 2.
                In Favour: Mayor D.V. Cardillo and Aldermen G.
                           Leadston, C. Zehr, J. Ziegler, T. Galloway
                           and C. Weylie.
                   Contra: Aldermen B. Stortz, M. Wagner, M.
                           Yantzi and J. Smola.
                 Motion Carried.
     Balance of clause 2 - Carried.
     Clauses 3 & 6 - Dealt with under Delegations and Carried.
     Balance of Report - Carried.
 
2. Moved by Alderman C. Zehr
   Seconded by Alderman B. Stortz
 
   That the report of the City Hall Steering Committee of this date be
   adopted.
 
Some discussion took place relative to the cost of the Governor General's
visit and it was noted that specific costs for a reception only have not yet
been finalized. The report was put to a vote.
                                               Carried.
 
3. Moved by Alderman G. Leadston
   Seconded by Alderman J. Smola
 
   That the report of the Community Services Committee of this date be
   adopted.
 
     Voted on clause by clause.
 
     Clause 3 - Dealt with under Delegations and Carried As Amended.
     Balance of Report - Carried.
 
4. Moved by Alderman C. Zehr
   Seconded by Alderman B. Stortz
 
   That the report of the Finance and Administration Committee of this date
   be adopted.
   Carried.
 
5. Moved by Alderman M. Wagner
   Seconded by Alderman M. Yantzi
 
   That the reports of the Local Architectural Conservation Advisory
   Committee (June 19, 1992) and (July 3, 1992) of this date be adopted.
   Carried.
 
6. Moved by Alderman J. Smola
   Seconded by Alderman M. Wagner
 
   That the report of the Public Works and Transportation Committee of this
   date be adopted.
   Carried.
 
Alderman C. Zehr referred to planning of the Ministry of Transportation
relative to the Highway No.8 widening and a problem with affected properties
as to whether or not certain properties should undertake renovations or not
pending more precise information being received from the Ministry relative to
the highway widening. He requested that either through the Mayor's office
or the Commissioner of Transportation, that the City obtain more definite
time lines from the Ministry of the work for the proposed expansion or that
the Ministry provide assurances that any upgrades by business properties
would be recovered as part of any settlement in connection with the impact of
the highway widening project on affected properties.
 
Alderman C. Zehr referred members of Council to a letter he had written to
Council dated July 10, 1992 concerning appeals to Zoning By-laws 92-128  and
92-129.
 
Alderman J. Smola disclosed a conflict of interest and abstained from all
discussion as he works for Mr. W. Ferguson, M.P.P. who was a consultant for
Mr. G. Olinskie.
 
In his letter, Alderman C. Zehr indicated that every effort has been made to
achieve withdrawal of the appeals to the zoning by-laws since if an Ontario
Municipal Board Hearing was required, there would be serious consequences for
the Region's road network and for development which was scheduled to begin in
this area as soon as possible.  He noted that one of the appeals has been
withdrawn and that the second appeal by George Olinskie requires Council
action to have the appeal withdrawn.
 
   Moved by Alderman C. Zehr
   Seconded by Alderman B. Stortz
 
   That Council, without prejudice, commit itself to implementing the
   remediation plan emanating from the proposal as outlined in Paragon
   Engineering Ltd.'s letter dated July 5, 1992, provided that 50% of the
   costs associated therewith are assumed by the developers and Mr. George
   Olinskie withdraws his appeal to Zoning By-laws 92-128 and 92-129 by
   July 14, 1992.
                                                  Carried.
 
Alderman J. Smola disclosed a conflict of interest and abstained from all
discussion and voting as he works for Mr. W. Ferguson, M.P.P. who was a
consultant for Mr. G. Olinskie.
 
Alderman G. Leadston suggested that either Mr. T. McKay or Mr. R. Freeborn
consider a requirement that a member of the Legal Department or Finance
Department participate in future financial negotiations or contractual
arrangements prior to any City commitments being made.
 
   Moved by Alderman G. Leadston
   Seconded by Alderman C. Zehr
 
   That Management Committee explore implications of a policy that would
   require either staff of the City's Legal Department of Finance
   Department to be part of any financial negotiations or contractual
   arrangements by other City staff that would bind the City.
                                                  Carried.
 
7. Moved by Alderman G. Leadston
   Seconded by Alderman J. Smola
 
   That this Council express its deep sense of loss over the recent passing
   of former Alderman Russell Honsberger. His many contributions to the
   citizens of this community while serving as alderman during the period
   1959-1973 will be long remembered.  And further that this Council
   express its deepest sympathy to his bereaved wife and family.
                                                  Carried Unanimously.
 
The Council and those in the Chamber then stood to observe a one minute
period of silence out of respect for former Alderman Honsberger.
 
8. Moved by Alderman C. Weylie
   Seconded by Alderman G. Leadston
 
   That a special meeting of City Council be held on September 21, 1992 at
   4 p.m. to discuss the Strategic Plan for the Environment and its budget
   implications on each City department.
                                                 Carried.
 
9. Moved by Alderman G. Leadston
   Seconded by Alderman M. Yantzi
 
   That leave be given the Mover and Seconder to introduce the following
   by-laws, namely:
 
(a) Being a by-law to adopt Amendment No.136 to the Official Plan
 
(b) Being a by-law to close parts of King Street between the
    intersections of Frederick Street and Francis Street in order to
    enable its use for community recreational purposes
 
(c) To further amend By-law No. 88-173, being a by-law to regulate
    traffic and parking on highways under the jurisdiction of the
    Corporation of the City of Kitchener
 
(d) To further amend By-law No. 88-173, being a by-law to regulate
    traffic and parking on highways under the jurisdiction of the
    Corporation of the City of Kitchener
 
(e) To confirm all actions and proceedings of the Council
 
(f) Being a by-law to extend time for conveyance of lands pursuant to
    By-law 92-14 - Pinnacle Drive closed
 
(g) Being a by-law to extend time for conveyance of lands pursuant to
    By-law 92-15 - Pinnacle Drive closed
 
(h) Being a by-law to amend Chapter 210 of the City of Kitchener
    Municipal Code with respect to Cemeteries - Municipal
 
(i) Being a by-law to amend By-law 4830 known as the Zoning By-law - M.
    and E. Vilandre - MacVille Avenue - No.91/41/M/ZJ
 
(j) Being a by-law to exempt a certain lot from Part Lot Control - Lot
    12, Registered Plan 1739 - Bankside Crescent
 
(k) Being a by-law to exempt a certain lot from Part Lot Control - Lot
    32, Registered Plan 1713 - Benesfort Drive & Benesfort Crescent
 
(l) Being a by-law to exempt certain lots from Part Lot Control - Lots
    9 and 10, Registered Plan 1730 - Tamvale Crescent
 
(m) Being a by-law to exempt certain lots from Part Lot Control - Lots
    24, 29 and 30, Registered Plan 1739 - Bankside Drive
 
(n) Being a by-law to exempt a certain lot from Part Lot Control - Lot
    13, Registered Plan 1216 - Old Chicopee Drive
 
(o) Being a by-law to exempt a certain lot from Part Lot Control - Lot
    3, Registered Plan 1739 - Bankside Crescent
 
(p) Being a by-law to exempt certain lots from Part Lot Control - Lots
    9 and 10, Registered Plan 1739 - Bankside Crescent
 
(q) Being a by-law to exempt a certain lot from Part Lot Control - Part
    Block 107, Registered Plan 1678 - Brembel Street
 
(r) Being a by-law to exempt a certain lot from Part Lot Control - Lot
    11, Registered Plan 1732 - Zeller Court
 
and that the same be taken as read a first time and stand referred to
the Committee of the Whole.
                                                Carried.
 
On motion the Council resolved itself into the Committee of the Whole to
consider its agenda and Mayor D.V. Cardillo appointed Alderman C. Weylie as
chairman.
 
On motion the Council rose from the Committee of the Whole and Mayor D.V.
Cardillo occupied the chair.
 
10. Moved by Alderman C. Weylie
    Seconded by Alderman M. Yantzi
 
    That the proceedings and the recorded conflicts taken in the meeting of
    the Committee of the Whole held this date,  as attached hereto and
    forming part of these minutes be and the same are hereby adopted and
    confirmed.
                                                 Carried.
 
11. Moved by Alderman G. Leadston
    Seconded by Alderman M. Yantzi
 
    That the by-laws listed on the agenda for third reading, namely:
 
(a) Being a by-law to adopt Amendment No.136 to the Official Plan
                                               (By-law No. 92-162)
 
(b) Being a by-law to close parts of King Street between the
    intersections of Frederick Street and Francis Street in order to
    enable its use for community recreational purposes
                                               (By-law No. 92-163)
 
(c) To further amend By-law No. 88-173, being a by-law to regulate
    traffic and parking on highways under the jurisdiction of the
    Corporation of the City of Kitchener
                                               (By-law No. 92-164)
 
(d) To further amend By-law No. 88-173, being a by-law to regulate
    traffic and parking on highways under the jurisdiction of the
    Corporation of the City of Kitchener
                                               (By-law No. 92-165)
 
(e) To confirm all actions and proceedings of the Council
                                               (By-law No. 92-166)
 
(f) Being a by-law to extend time for conveyance of lands pursuant to
    By-law 92-14 - Pinnacle Drive closed
                                               (By-law No. 92-167)
 
(g) Being a by-law to extend time for conveyance of lands pursuant to
    By-law 92-15 - Pinnacle Drive closed
                                               (By-law No. 92-168)
 
(h) Being a by-law to amend Chapter 210 of the City of Kitchener
    Municipal Code with respect to Cemeteries - Municipal
                                               (By-law No. 92-169)
 
(i) Being a by-law to amend By-law 4830 known as the Zoning By-law - M.
    and E. Vilandre - MacVille Avenue - No.91/41/M/ZJ
                                               (By-law No. 92-170)
 
(j) Being a by-law to exempt a certain lot from Part Lot Control - Lot
    12, Registered Plan 1739 - Bankside Crescent
                                               (By-law No. 92-171)
 
(k) Being a by-law to exempt a certain lot from Part Lot Control - Lot
    32, Registered Plan 1713 - Benesfort Drive & Benesfort Crescent
                                               (By-law No. 92-172)
 
(l) Being a by-law to exempt certain lots from Part Lot Control - Lots
    9 and 10, Registered Plan 1730 - Tamvale Crescent
                                               (By-law No. 92-173)
 
(m) Being a by-law to exempt certain lots from Part Lot Control - Lots
    24, 29 and 30, Registered Plan 1739 - Bankside Drive
                                               (By-law No. 92-174)
 
(n) Being a by-law to exempt a certain lot from Part Lot Control - Lot
    13, Registered Plan 1216 - Old Chicopee Drive
                                               (By-law No. 92-175)
 
(o) Being a by-law to exempt a certain lot from Part Lot Control - Lot
    3, Registered Plan 1739 - Bankside Crescent
                                               (By-law No. 92-176)
 
(p) Being a by-law to exempt certain lots from Part Lot Control - Lots
    9 and 10, Registered Plan 1739 - Bankside Crescent
                                               (By-law No. 92-177)
 
(q) Being a by-law to exempt a certain lot from Part Lot Control - Part
    Block 107, Registered Plan 1678 - Brembel Street
                                               (By-law No. 92-178)
 
(r) Being a by-law to exempt a certain lot from Part Lot Control - Lot
    11, Registered Plan 1732 - Zeller Court
                                               (By-law No. 92-179)
 
be taken as read a third time, be finally passed and numbered serially
by the Clerk.
                                               Carried.
 
On motion, the meeting adjourned.
Newsgroups: uw.general,kw.general