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HomeMy WebLinkAboutCouncil Minutes - 2000-01-17COUNCIL MINUTES JANUARY 17, 2000 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by Ms. Christi Hill, King School of Vocal. Councillor Jake Smola thanked Ms. Hill for her rendition of the National Anthem. On motion by Councillor C. Weylie, the minutes of the regular meeting held December 13, 1999, and special meetings held December 13, 1999 and January 10, 2000, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE (1) Correspondence from Sheila Keating-Nause, Policies and Resolutions, Federation of Canadian Municipalities advising that Council's November 1999 resolution concerning a comprehensive early childhood development service will be submitted to FCM's National Board of Directors for consideration at their March 2000 meeting. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation with respect to the tenders listed on the Committee of the Whole agenda. He asked that Council consider two additional tenders: Expression of Interest E99-119, Consulting Services - Construction of Huron Road (Trillium Drive to Strasburg Road) and the purchase of Jencess PROShop Office 2000 from Jencess Software & Technologies Inc. Councillor B. Vrbanovic noted Council's referral, on January 14, 2000, of the Communication's Division request with respect to the Leisure Magazine, and questioned whether Tender T99-108 would allow for additional pages. Mr. Gordon responded that additional pages could be accommodation as along as printing is not delayed. Councillor B. Vrbanovic then referred to the tender for electrical service and repair, questioning how the work is divided between the contractors. Mr. L. Gordon advised that small jobs are rotated amongst the contractors, and jobs over $2,000 are bid for by all the contractors included in the tender. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Tender T99-108, Printing of Leisure Magazine, be awarded to Annex Publishing & Printing Inc., Tillsonburg, at their tendered price of $75,948.06, plus P.S.T. & G.S.T." - and - "That Tender T99-113, Supply of Domestic Water Meters, be awarded to Badger Meter Inc., Milwaukee, Wisconsin, at their tendered prices of a) $147,360. for supply of 3,000 meters and b) $52,800. for supply of 1,000 meters plus tail pieces, plus P.S.T. & G.S.T." - and - "That Proposal P99-114, Electrical Service and Repair, be awarded to Kearsley Electric Limited, Kitchener; Harold Stecho Electric Limited, Waterloo; B.C. Electrical & Mechanical, Kitchener and Davco Services Inc., Kitchener." - and - "That Tender T99-116, Portable Hydraulic Vehicle Lift for the Fire Department, be awarded to GeneralAuto Supply, Waterloo at their tendered price of $53,995., plus P.S.T. & G.S.T." - and - "That Expression of Interest E99-119, Consultant Services - Construction of Huron Road (Trillium Drive to Strasburg Road), be awarded to MTE Consultants lnc., Kitchener, at their estimated fee of $267,811, including G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor." JANUARY 17, 2000 COUNCIL MINUTES -14- CITY OF KITCHENER - and - "That the City purchase Jencess PROShop Office 2000 from Jencess Software & Technologies Inc., IVleaford, Ontario, at the negotiated price of $63,886.51, including G.S.T.; and further, That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Councillor John Smola referred to correspondence distributed this date from G. Sosnoski, Deputy City Clerk, dated January 17, 2000, with respect to the referral of a recommendation concerning the Community Mobilization Plan for the Mount Hope Neighbourhood, from the budget meeting of January 14, 2000. Mr. B. Stanley advised of staff's concern with the proposed process, suggesting that a Steering Committee be formed to guide the process. Councillor John Smola commented that the source of funding had been changed at the budget meeting and requested an amendment to the motion as recommended by Mr. B. Stanley. Moved by Councillor John Smola Seconded by Councillor M. Yantzi "That, subject to establishing a Steering Committee to guide the process, the City of Kitchener hire consultant Dr. Hugh Russell to liaise with the Waterloo Regional Police, Community Relations Branch and the Mount Hope Neighbourhood Safer Community Committee to implement a Community Mobilization Plan to alleviate the sale and subsequent use of crack cocaine on Louisa Street; and, That a cost of $20,000 be allocated from Capital Contingency for the duration of January 17, 2000 to December 31, 2000 to hire Dr. Russell to assist with the completion of the Community Mobilization Plan; and further, That in future projects of this nature be referred to the Waterloo Regional Police Services Board or the Safety and Crime Prevention Council for funding." Carried. Mr. John McVicar appeared as a delegation to advise Council of opportunities available to assist Russian managers in their professional development through the Yeltsin Democratic Fellowship Program. Copies of Mr. McVicar's written submission had been distributed to Members of Council. Mr. McVicar read from his written submission advising that the Program is now open to both the public and private sector and he encouraged both sectors in Canada's Technology Triangle to participate. Mr. Hans Pottkamper appeared as a delegation with respect to Clause 5 of the Finance and Administration Committee report. Mr. Pottkamper also referred to the Regional Council resolution asking the Province to appoint a Provincial Advisor, and the proposal to ask the Province to defer the 2000 election, in Waterloo Region, for one year. Mr. Pottkamper advised that businesses regard Waterloo Region and the City of Guelph as one economic entity. He stated that the current local government structure overlaps in many ways, and the communities of Waterloo Region and the City of Guelph are in the position of competing for business. He urged the members of Council to put aside their differences and support the Region's request for a Provincial Advisory. Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That Clause 5 of the Finance and Administration Committee report be adopted." Councillor T. Galloway referred to the words 'other municipal Councils' in the second last paragraph of the clause, questioning whether that meant all the other Councils or only those of Waterloo and Cambridge. Councillor Jake Smola responded that the three urban Councils have considered this motion and it has been circulated to the Township councils as information. Councillor B. Vrbanovic stated his understanding that the Minister of Municipal Affairs is already aware of this motion which COUNCIL MINUTES JANUARY 17, 2000 -15- CITY OF KITCHENER has been dealt by all three urban municipalities and will have to weigh both this motion and that of Regional Council. Councillor T. Galloway questioned what would trigger the request to the Minister, as he assumed motions from only the three municipalities paying for the study would be required. He stated that, if all the municipalities in the Region would have to agree, the likelihood of achieving consensus was remote. Councillor T. Galloway then questioned whether, if this motion is adopted by the three urban Councils as written, it would be sufficient to hire the consultant. In response to Councillor T. Galloway's question, Councillor J. Ziegler read a motion he was prepared to put forward which would define the relationship between the work of the consultant and the possible appointment of a Provincial Advisor, if Clause 5 of the Finance and Administration Committee report is adopted. Councillor J. Ziegler advised that this would allow time for the Province to respond to the Region's motion. He requested that his motion, if adopted, also be forwarded to the Councils for the Cities of Waterloo and Cambridge for their endorsement. Councillor Jake Smola asked that the Townships be provided with copies of any resolutions this date. Councillor Jake Smola requested a staff report in two weeks on how the consultant process will evolve and Councillor B. Vrbanovic suggested a recommendation concerning the consultant contract could also be considered at the January 31, 2000 Council meeting. Mr. J. Gazzola advised that there had been a discussion with respect to the three urban Councils paying equal portions of the cost of the consultant's report. He also noted that the three CAOs had tentatively scheduled a meeting for Tuesday, January 18, 2000, to negotiate a cost with the consultant and a report would come back to Council in this regard. Councillor Jake Smola questioned whether the CAOs from the Townships had been involved in the initial report and Mr. J. Gazzola advised in the affirmative. He also advised that they did not wish to contribute to the cost of this study; therefore, only the three urban CAOs would be meeting with the consultant to negotiate cost. Mayor C. Zehr then referred to the fifth paragraph of Clause 5 of the Finance and Administration Committee report and specifically the words 'municipalities jointly agree' and questioned which municipalities this would be. Councillor B. Vrbanovic responded that it would be the municipalities who pay for the study, as this is a motion of the three urban Councils. He stated that it is hoped that the Townships will participate in the study. Mayor C. Zehr then questioned whether there had been any consultation with the Province, as the motion assumes the Minister will accept the Facilitator as an Advisor. Councillor B. Vrbanovic responded that this motion has the same status as the Region's resolution and it will have to be considered by the Ministry as well. He commented that in either case, the Minister would have to decide to make restructuring in this Region a priority. Both resolutions envision a solution being in place for the November 2000 election. Councillor Jake Smola spoke in support of Clause 5 of the Finance and Administration Committee report stating that Kitchener taxpayers must be given an opportunity for input and suggested the local municipalities should not be pushing off their responsibilities to the Province. Councillor C. Weylie questioned whether the consultant could be requested to include sewer and water services in this study. Mr. J. Gazzola responded that the report is intended to look at alternatives and should include all the facts. Councillor J. Haalboom advised that she had reviewed the Deloitte & Touche report and indicated she was disappointed that other options had not been considered. She questioned whether there was any incentive for the consultants to look at other alternatives. Mr. J. Gazzola responded that the CAOs had narrowed down the alternatives at their meetings; however, they could consider other alternatives, but the cost would be higher. Councillor C. Weylie referred to the history of the structure of municipal government in Waterloo Region noting that, in the 1970s, a one-tier government was suggested. She noted that restructuring governance is ultimately a Provincial decision and would not support this motion for this reason. Councillor B. Vrbanovic advised that he would support the motion, noting the similarities in the two motions, being the one before Council tonight and the one passed by Regional Council. He pointed out that both envision a solution by the next election; both see administrative amalgamations taking place after the election; and both require the Province to act expeditiously. He suggested that there was no need to put off the election; however, the administrative amalgamation would take additional time, and it is essential that the changes not be made too quickly. Councillor Vrbanovic stated that he supports a local solution and it is incumbent on Council to deal with the issues, review the models and come to a consensus with the other municipalities. He noted that the process proposed will help JANUARY 17, 2000 COUNCIL MINUTES -16- CITY OF KITCHENER the Province's objectives of municipal restructuring with the greatest amount of local support. He further stated that he supports the best service at the lowest cost, with the best representation and the most accountability. Councillor G. Lorentz advised that he was in agreement with Councillor Vrbanovic's comments and in support of the motion. He noted that the Minister of Municipal Affairs and some of the local MPPs have stated that they want a local solution and this resolution is just that. He stated that it is wrong to allow a restructuring decision to be made by one individual, namely a Provincial Advisor and urged all members of Council to support the recommendation. Councillor T. Galloway advised that he respected the positions that people have taken. He agreed that there were many similarities between the options proposed by the City of Kitchener and the Region of Waterloo but noted that the big dissimilarity is closure. He stated that the Deloitte & Touche proposal solidified his opinion that it was necessary to request a Provincial Advisor because of the exclusion of the Townships. He also expressed concern over the cost. With respect to the comments made about a local solution, Councillor Galloway stated that municipalities do not have the legislation to form or recreate their own governance. He suggested that with a Provincial Advisory there will still be an opportunity for input and the Advisor would bring closure. He did not believe that the consultant's process would be able to meet the required timelines noting that the process involving a Provincial Advisor would likely be similar to what is proposed and also allow for public input. He also hoped Council would not proceed with the study until it is known whether a Provincial Advisor will be appointed. Councillor K. Taylor-Harrison spoke in support of Clause 5 of the Finance and Administration Committee report suggesting that it allows for public input after the findings have been completed and not part way through the process. She noted that the Province had indicated it wants the municipalities in the Region of Waterloo to come up with their own solution and suggested that this is the best way to achieve a democratic solution. Councillor M. Yantzi stated that he was not in support of Clause 5 of the Finance and Administration Committee report because it is essential, at this time, to move towards a definitive solution. With respect to the suggestion in the Deloitte & Touche report on the two-city model, he did not foresee this as being a workable arrangement. Councillor J. Haalboom advised that she was not in support of the Finance and Administration Committee recommendation as it shows little consideration for rural areas and a balance between urban and rural concerns is required. Councillor J. Ziegler advised that he was in support of the Finance and Administration Committee recommendation and agreed with Councillor Vrbanovic's comments. He stated that the Deloitte & Touche process would allow for a solution in time for the November election, allows input after the study has been completed, unlike other processes to date involving Provincial Advisors. He noted that the proposed study would also utilize the expertise of an individual who has done similar work for the Province in other municipal restructuring. With respect to the costs for the study, Councillor J. Ziegler noted that $100,000 - $150,000 may seem like a lot of money but in reality it is one-seventh of one percent of our budget. He felt this was a small amount to pay to allow the public to have input into the format of a new municipality. Mayor C. Zehr stated that throughout the process he had gone to great efforts not to personalize the issue. He felt comments made opposing this motion amounts to shirking political responsibility were unfair. He advised that when the final decision has been made, whatever process is chosen would have his full cooperation. Mayor C. Zehr noted that he would not support the motion primarily because it was his opinion it would not meet the timelines indicated in the recommendation. He reviewed the required Provincial process and stated that it was his opinion that the risk was too high, if a resolution is desired for the November 2000 election. Mayor C. Zehr suggested that there were too many conditions in the recommendation that assume the Province would agree. He stated his agreement with the spirit of Councillor J. Ziegler's motion, suggesting that it ought to be part of the Finance and Administration Committee recommendation. Mayor C. Zehr asked that the minutes clearly show that the contract with the consultants not be let until the intent of Councillor J. Ziegler's motion has been achieved. Clause 5 of the Finance and Administration Committee report was then put to a recorded vote. JANUARY 17, 2000 COUNCIL MINUTES -17- CITY OF KITCHENER In Favour: Councillors John Smola, B. Vrbanovic, G. Lorentz, K. Taylor-Harrison, J. Ziegler and Jake Smola. Contra: Mayor C. Zehr and Councillors J. Haalboom, C. Weylie, T. Galloway and M. Yantzi. Carried. Council then considered Councillor J. Ziegler's motion and it was requested it be amended to require circulation to the Cities of Cambridge and Waterloo for their support and endorsement and to the Townships and the Minister of Municipal Affairs and Housing and area MPPs as information. Councillor Ziegler accepted the suggestions as a friendly amendment. Mayor C. Zehr noted that the contract with Deloitte & Touche would be considered at the January 31, 2000 Council meeting. Mr. J. Gazzola noted that there would be difficulty meeting the deadlines in the resolution if the process does not begin until after January 31, 2000. Councillor J. Ziegler suggested that staff could take the time to negotiate with the consultants and to prepare any information they may need in advance. Councillor J. Ziegler's motion was then put to a recorded vote. Moved by Councillor J. Ziegler Seconded by Councillor T. Galloway "That the agreement with Deloitte & Touche for a review of the options for municipal restructuring be conditional upon there being no appointment of a Provincial Advisor prior to January 31, 2000 and in response to the request of the Council of the Regional Municipality of Waterloo; and, That in the event the review is begun and not substantially completed and the Province subsequently intervenes with the appointment of an Advisor, Deloitte & Touche receive payment for the work completed on a proportional basis; and, in the event the review has been substantially completed when such intervention occurs, it be completed and forwarded to the Provincial Advisor for consideration; and further, That this motion be circulated to the Cities of Waterloo and Cambridge with a request for the support and endorsement of their respective Councils, as well as to the Townships and area MPPs as information." Carried Unanimously. Councillor Jake Smola referred to Compass Kitchener and questioned whether it would address all the issues Council needs for the restructuring process or whether the process should be escalated in order to present the municipality's position. Mayor C. Zehr responded that Compass Kitchener is a good process but would not necessarily be the corporate view. He advised that he would discuss the matter with J. Gazzola and provide information to Council at the January 31, 2000 meeting. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of Planning and Economic Development Committee be adopted." Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee be adopted." Carried. Councillor G. Lorentz noted that Clause 1 of the Community Services Committee report recommends that a representative of Council be appointed annually to the K-W Barrier Free Advisory Committee and asked Council members to consider if they wish to be appointed to this Committee. He also requested that the matter be dealt with at the January 31, 2000 Council meeting. COUNCIL MINUTES JANUARY 17, 2000 -18- CITY OF KITCHENER Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That the report of the Finance and Administration Committee be adopted." Councillor J. Ziegler requested that Clause 4 be voted on separately. Discussion then took place concerning a telephone call received with respect to Clause 3 dealing with lot maintenance at 16 Gildner Street. Mr. G. Sosnoski advised that the owner's representative indicated she was unable to attend due to a death in the family and was requesting a further exemption to allow removal of goods in the house. Councillor J. Ziegler commented that he had received a similar request prior to the Finance and Administration Committee meeting on January 10, 2000 and suggested that the property owner is not addressing the problem. A discussion took place with respect to Clause 4 of the report. Councillor J. Ziegler referred to previous discussions on this matter noting that in the MacCrimmon report, considered by Council on December 13, 1999, states that there are no other municipalities who provide overtime payment for management staff. He suggested that the recommendation deviates from other municipalities, and asked that if adopted, requests be made in advance of the work being done. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Taylor-Harrison "That Clause 4 of the Finance and Administration Committee report be adopted." Motion Lost. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That no action be taken on overtime compensation for Job Grades 21 and above." Carried. The balance of the report was voted on Clause by Clause. Clause 4 - Motion Lost. Clause 5 - Dealt with under Delegations and Carried. Balance of report - Carried. Moved by Councillor J. Haalboom Seconded by Councillor T. Galloway "That the report of Heritage Kitchener be adopted." Councillor J. Haalboom advised that the owner has requested this designation and provided a brief description of the historic and architectural merits of the building. She noted that the Official Plan contains incentives for heritage structures and that the property owner now has an opportunity to increase the office space from 25 to 100 percent. At the request of Councillor Haalboom, Mr. B. Stanley briefly reviewed the incentives in the Official Plan. The report was then voted on and Carried. Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That the report of the Public Works and Transportation Committee be adopted." Councillor John Smola suggested an amendment to Clause 5 of the report, as requested by Councillor T. Galloway, to defer and refer the matter to the January 24, 2000 Public Works and Transportation Committee meeting, which was accepted as a friendly amendment. COUNCIL MINUTES JANUARY 17, 2000 -19- CITY OF KITCHENER Councillor J. Ziegler asked that Clause 1 be dealt with separately and declared a pecuniary interest as he owns property on King Street East between Fairway and River Roads. The report was then voted on Clause by Clause. Clause 1 - Carried. Clause 5 - Carried, as amended. Balance of report - Carried. Recorded Pecuniary Interest and Abstention: Clause 1 - Councillor J. Ziegler as he owns property on King Street East between Fairway and River Roads. Councillor G. Lorentz referred to Business and Planning Services staff report BPS#99/198, dated January 13, 2000, distributed this date, recommending a by-law pursuant to Chapter 650 of the Municipal Code to remove waste material from the property municipally known as 126 Hickory Hollow Crescent. He advised of the process undertaken to date by staff and that the property owner is aware Council will be dealing with this matter tonight. He asked that the by-law be added to the agenda this date for three readings. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That Council give three readings this date to a by-law authorizing the removal of waste material from 126 Hickory Hollow Crescent, at the property owner's expense if this has not been done by the owners prior to January 17, 2000." Carried. NOTICE OF MOTION Councillor Jake Smola provided Council this date with written Notice of Motion that he would introduce a motion at the January 31, 2000 Council meeting requesting that staff arrange for a salary survey, relative to various unions, part-time employees and non-union staff below job grade 21. Councillor Jake Smola read letters received from Mr. J. Sutherland, President, CUPE Local 791 and Mr. G. Walshe, President, CUPE Local 68 with respect to their concerns about raises awarded to management staff at the City of Kitchener following the ratification of the City's contract with CUPE Local 791. Councillor Jake Smola read aloud the motion which he plans to introduce at the Council meeting of January 31,2000. Councillor J. Ziegler asked that the letters be circulated to all members of Council and stated that the City's management staff are not represented by unions and if the unions wish to bring forward market information during negotiations, they do so. Councillor Jake Smola advised of a public meeting, to be hosted by the Lackner Woods Neighbourhood Association on Wednesday, January 13, 2000, at 7:30 p.m., at Grandview Baptist Church, with respect to the recently completed airport study. Councillor G. Lorentz referred to upgrades proposed for the Forest Heights Pool, during 2000/2001, as approved by Council on Budget Day. He also spoke of the improvements approved for the Sandrock Greenway and that the City is looking for involvement, by residents, for some of the improvements to take place there. Councillor B. Vrbanovic referred to notice received concerning the Federation of Canadian Municipalities request to the Supreme Court for a definition of the rights available to municipalities to charge private corporations for use of municipal rights-of-way, for such things such as fibre-optic cable. He asked for a staff report on what rates could be charged. Mayor C. Zehr requested that this JANUARY 17, 2000 COUNCIL MINUTES - 20 - CITY OF KITCHENER matter also be referred to the Region. Councillor C. Weylie commented that this is really a Toronto issue and there is a philosophical debate involving trade-offs. She advised that the proposal involves more than fibre-optics. Councillor B. Vrbanovic requested that the staff report be submitted for the Committee meetings to be held on February 7, 2000. Councillor B. Vrbanovic advised of the following meetings, to be held by Compass Kitchener this month, inviting public participation: January 24, 2000 for Wards 1 and 2; January 25, 2000 CKCO - TV will be filming a special program on the City of Kitchener; and January 26, 2000 a meeting of the multicultural community at the Multicultural Centre. Councillor T. Galloway requested an up-date from Mr. B. Stanley with respect to cleaning up graffiti, noting that there is still an obvious problem. He asked that the report include an indication of the cooperation being received from other public agencies in this regard. Councillor T. Galloway noted the successful launch of the Grand River Transit and thanked City of Kitchener staff involved with this project. Councillor Jake Smola thanked Councillor John Smola and the elected officials from the other municipalities for offering their time and dedication to the successful transfer of the transit system to the Region. Councillor J. Ziegler referred to a letter received from the Province with respect to equity of taxes for vacant properties and the tax relief proposed by the Province. Councillor J. Haalboom questioned what will happen with direct election of Regional Councillors in light of the discussion on Regional reform, and when the City of Kitchener will deal with this issue. Mayor C. Zehr noted that the Province must deal with the new processes being recommended and, if necessary, he is of the understanding Regional Council will request an amendment to the Region of Waterloo Act to allow the status quo for one more term. Councillor G. Lorentz questioned the current situation as to the collection of Christmas trees. Mr. E. Kovacs advised that some difficulties have occurred as a result of the transfer of this responsibility to the Region. He noted that the problem is being addressed. = Moved by Councillor J. Haalboom Seconded by Councillor T. Galloway "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend Chapter 25 of The City of Kitchener Municipal Code with respect to Council Procedure. (b) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (c) Being a by-law to authorize the carrying out of the provisions of Chapter 650 of The City of Kitchener Municipal Code with respect to the property municipally known as 16 Gildner Street, Kitchener. (d) Being a by-law to provide for a 2000 Interim Tax Levy and for the payment of 2000 Interim Taxes. (e) Being a by-law to provide for interest to be added to tax arrears. (f) Being a by-law to establish a Penalty Charge for non-payment of current taxes. (g) To confirm all actions and proceedings of the Council. (h) Being a by-law to authorize the carrying out of the provisions of Chapter 650 of the City of Kitchener Municipal Code with respect to the property municipally known as 126 Hickory Hollow Crescent, Kitchener. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. JANUARY 17, 2000 COUNCIL MINUTES - 21 - CITY OF KITCHENER On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor C. Weylie as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor C. Weylie Seconded by Councillor T. Galloway "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 J. Haalboom Seconded by Councillor T. Galloway "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) (e) (f) (g) (h) Carried. Being a by-law to amend Chapter 25 of The City of Kitchener Municipal Code with respect to Council Procedure. (By-law No. 2000-3) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2000-4) Being a by-law to authorize the carrying out of the provisions of Chapter 650 of The City of Kitchener Municipal Code with Gildner Street, Kitchener. respect to the property municipally known as 16 (By-law No. 2000-5) Being a by-law to provide for a 2000 Interim Tax Levy and for the payment of 2000 Interim Taxes. Being a by-law to provide for interest to be added to tax arrears. (By-law No. 2000-6) (By-law No. 2000-7) Being a by-law to establish a Penalty Charge for non-payment of current taxes. To confirm all actions and proceedings of the Council. (By-law No. 2000-8) (By-law No. 2000-9) Being a by-law to authorize the carrying out of the provisions of Chapter 650 of the City of Kitchener Municipal Code with respect to the property municipally known as 126 Hickory Hollow Crescent, Kitchener. (By-law No. 2000-10) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. JANUARY 17, 2000 COUNCIL MINUTES - 22 - CITY OF KITCHENER On motion, the meeting adjourned. MAYOR CLERK COUNCIL MINUTES JANUARY 17, 2000 - 23 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - That Zone Change Application ZC 97130NIZJ (361 Victoria Street South - Paul Charest) requesting a change in zoning from Residential Five Zone (R-5) to Residential Six Zone (R-6) with a special regulation provision 290R on lands legally described as Lots 9 and 10, Registered Plan 266 and Part of Lot 115, Streets and Lanes, in the City of Kitchener, be approved, in the form shown in the attached "Proposed By-law", dated December 16, 1999, subject to the following conditions being satisfied prior to any readings of the By-law by Council: a) That a site plan application for the six-unit apartment building be submitted and approved by the Manager of Design and Development. b) The owner acknowledges that condition a) is required to be satisfied no later than seven months after Council having approved by resolution Zone Change Application 97130NIZJ. In the event this resolution is not fulfilled within the seven-month period, Council shall consider rescinding its zone change approval. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. COMMUNITY SERVICES COMMITTEE - That Council endorse the mission statement, vision statement, values and terms of reference of the K-W Barrier Free Advisory Committee, as contained in their report dated November 24, 1999; and, That the Community Services Committee be the reporting vehicle in the City of Kitchener for this advisory committee; and, That a Council representative be appointed annually to the K-W Barrier Free Advisory Committee; and, That Council recognize the continued staff support, provided by the Seniors/Leisure Support Services Division of the Parks and Recreation Department, in assisting the K-W Barrier Free Advisory Committee; and further, That Council approve funding of $1,000.00 to ensure access to monthly K-W Barrier Free Advisory Committee meetings by accommodating persons with disabilities, making publications available in alternate formats, etc., as outlined in the report of the K-W Barrier Free Advisory Committee dated November 24, 1999. That the Legal Department be authorized to amend the lease agreement with The Cora Group to release the storage space in the parking garage on the Upper Market level of the Kitchener Farmers' Market directly adjacent to the mall. That the Mayor and Clerk be authorized to execute an agreement between the City of Kitchener and Communiteq Systems Inc. regarding the installation of an automated banking machine in the main lobby of the Kitchener Memorial Auditorium Complex, subject to the approval of the City Solicitor. FINANCE AND ADMINISTRATION COMMITTEE - That the Kujawiacy Polish Song & Dance Ensemble of Kitchener be granted permission to hold bingos on a regular basis in the City of Kitchener, provided the monies raised are used to provide children with the opportunity to learn about Polish folk traditions through music and dance. 2. That Bloomingdale Road, Kitchener, retain its current name; and further, JANUARY 17, 2000 COUNCIL MINUTES - 24 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 2. (Cont'd) That Kitchener Council suggests that Regional Road 20, including Regional Road 17 from the corner of Ebycrest Road, through Bloomingdale and Conestogo ending at Northside Drive, St. Jacobs, be renamed Bloomingdale Road. That Council consider a by-law at its January 17, 2000 meeting, authorizing the removal of waste material from 16 Gildner Street, as required, for a period of one year commencing January 17, 2000 and ending January 16, 2001, at the owner's expense. That overtime compensation for Job Grades 21 and above be considered by Council only in extraordinary circumstances, and on a case by case basis. (Motion Lost) That the City of Kitchener approve the proposal from Deloitte & Touche for the Review of Options for Municipal Restructuring as set out in their report dated January 8, 2000; with the costs of the study to be shared among the Cities of Cambridge, Kitchener and Waterloo; and, That the City of Kitchener request the Region of Waterloo and the Townships of North Dumfries, Wellesley, Wilmot and Woolwich to participate in the Review of Options for Municipal Restructuring, agree to a final timetable and the appointment of a facilitator/advisor; and, That the consultant consider, in his recommendations, timing which would see his recommendations implemented politically for the November 2000 elections and administratively over a period of up to 18 months; and, That the final report be brought back to the municipalities by March 24, 2000, input to take place by April 14, 2000, and all Councils dealing with this matter by April 30, 2000; and, That to coincide with this process, the municipalities jointly agree to the appointment of a facilitator to help the municipalities reach consensus on the consultant's recommendations by May 1, 2000, and if that is not possible, this person be considered an advisor whose final recommendations will be forwarded to the Province by June 1, 2000 for implementation before the Provincial Legislature rises in June; and, That the Minister of Municipal Affairs and Housing be put on notice that after the other municipal Councils in Waterloo Region have considered the above procedure, the forgoing is an agreed upon timetable by the municipalities; and further, That the Province be requested to commit to working with the municipalities within the Region of Waterloo to ensure this timetable is brought to fruition and to share in the costs of the process as part of the restructuring transition costs. (Dealt with under Delegations and Carried) HERITAGE KITCHENER- That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a Notice of Intention to designate the property municipally known as 176 Victoria Street North as being of historic and architectural significance, with the specific features of the designation to be as follows: Exterior Features: Designation of all exterior elevations including the kitchen extension; rubble stone foundation; brick walls; brick voussoirs; all windows and window openings; all glazed transoms; wood sills; all exterior wood doors and door openings; wood soffit and fascia; decorated wood paneled brackets with finials; roof and roofline. COUNCIL MINUTES JANUARY 17, 2000 - 25 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER- (CONT'D) 1. (Cont'd) Interior Features: Designation of all wood doors; ornamental latticework in the opening of the French doors on the main floor; molded trim around all windows and doors, chair rail in bedrooms; all elements of the open well staircase off the front entrance. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That the City of Kitchener request the Regional Municipality of Waterloo to revise the Region's 2000 Regional Roads Program to include the resurfacing of King Street East, (Regional Road #8), south of Stonegate Drive to north of Morrison Road, be moved from 2002 to 2000 to coincide with other work on King Street East in the same timeframe. That the City of Kitchener endorse the Regional Municipality of Waterloo's 2000 Roads Capital Program with the following adjustment: That the widening of Victoria Street South be accelerated by one year with design work commencing in 2001 as opposed to 2002, in accordance with Kitchener Council's resolution of November 29, 1999 to accelerate this project as a result of the findings of the West Side Connection study. That Council approve the preferred design and location for Wabanaki Drive from Fairway Road to Manitou Drive, as was sent to all interested parties, and that the Schedule 'C' Class Environmental Assessment Study Report for this project be filed with the City Clerk for the mandatory 30 day public review period. That, in conjunction with the installation of a pedestrian sidewalk on the east side of Glasgow Street and cycling facilities on both sides of Glasgow Street, between Knell Street and Fischer- Hallman Road, scheduled for the year 2000, the 40 km/h posted speed limit remain in place on a permanent basis. That the following recommendation contained in staff report DOPWR 2000-03 be deferred and referred to the January 24, 2000 Public Works & Transportation Committee meeting for consideration: "That an all-way stop control be installed at the intersection of Laurentian Drive at Howland Drive; and further, That the Uniform Traffic By-law be amended accordingly." (As Amended) That eastbound right turns on the red signal phase from Duke Street East onto Scott Street be prohibited anytime; and further, That the Uniform Traffic By-law be amended accordingly. That no automation of the cashier functions be pursued at this time for the Duke and Ontario or the City Hall parking garages. That the right-turn-on-red prohibition on southbound Lorraine Avenue at River Road be revised to be in effect 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m., Monday to Friday; and, That the right-turn-on-red prohibition on northbound Krug Street at River Road be eliminated; and further, That the Uniform Traffic By-law be amended accordingly. JANUARY 17, 2000 COUNCIL MINUTES - 26 - CITY OF KITCHENER A= B= COMMITTEE OF THE WHOLE BY-LAWS 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. Licences Memoranda from J. Koppeser, Manager of Licensing, dated January 14 and January 17, 2000, recommending two additional Massagist Licences, were distributed this date. i) Adult Entertainment Parlour- Unit 7, 280 Victoria Street North It was resolved: "That Malgorzata Ziemann-Deptulski be granted an Adult Entertainment Parlour Licence, for Unit #7-280 Victoria St. N., Kitchener, for the year 2000." ii) Massagists Licences It was resolved: "That Corinna Lynne Turner be granted a 2000 Massagist Licence relative to the premises at 2271 Kingsway Drive." - and - "That Nicole Marie Marshall be granted a 2000 Massagist Licence relative to the premises at 280 Victoria Street North." - and - "That the following massagists who are employed at 2271 Kingsway Dr., Kitchener, be granted Massagist Licenses for the year 2000: Tanya Cherryholme Vicki-Lynn Demore Stephanie Porter Melissa Balk Dana Gardiner. Tracey Sampson" - and - "That the following massagists who are employed at 1412 Victoria St. N., Kitchener, be granted Massagist Licenses for the year 2000: Rachel Padelford Criselly Moreno-Garcia Heather Williams Nicole Gauthier Melissa MacDonald Lisa Van Bynen Tracy Murawsky." - and - JANUARY 17, 2000 COUNCIL MINUTES - 27 - CITY OF KITCHENER B= COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 1. Licences - (Cont'd) ii) Massagists Licences - (Cont'd) "That the following massagists who are employed at 280 Victoria St. N., Kitchener, be granted Massagist Licenses for the year 2000: Shirley Lafrance Tracey Taibinger Malgorzata Ziemann-Deptulski Carole Gervais Rosa Couto." iii) Permanent Vendors - 1401 River Road East and 17 Underhill Crescent It was resolved: "That Monte Shane Miller be granted 2000 Permanent Vendor and Place of Refreshment Licenses for a Pizza Palace at 1401 River Road East." - and - "That no action be taken on the request of Vernon Hinks for a 2000 Permanent Vendors Licence to operate a business known as All Systems Roofing at 17 Underhill Crescent." iv) Driving School Operator- 312 Lawrence Avenue It was resolved: "That Ramon A. Portillo (Chavez) be granted a 2000 Driving School Operator Licence and a 2000 Driving Instructor Licence to operate a business known as Five Keys Driving School at 312 Lawrence Avenue." 2. Do,q Desi,qnation Appeal Decision It was resolved: "That the December 9, 1999 decision of the Dog Designation Appeal Committee regarding an appeal of a Dangerous Dog designation filed by Dee-Ann Kehl be ratified and confirmed." Execution of Enqineerinq A,qreement - Janet Court, Draft Plan 30T-99201 (Grand River Ward) It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and MTE Consultants Inc., regarding the Janet Court, Draft Plan 30T-99201." 4. Various Tenders The tenders were dealt with under Delegations. COUNCIL MINUTES JANUARY 17, 2000 - 28 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) Committee of Adjustment Minor Variances - Municipal Code Chapter 680 (Si.qn) (South Ward) It was resolved: "That Council ratify and confirm the January 11, 2000 decision of the Committee of Adjustment recommending approval of Submission No. SG 2000-001 - The Salvation Army (75 Tillsley Drive)." (5. Industrial Land - Extension of Conditions - St. Jude's Student Services Inc. Business and Planning Services staff report BPS#00/05, was distributed this date. It was resolved: "That further to Council's decision of December 13,1999, the deadline for satisfaction of conditions with respect to the Offer to Purchase from St. Jude's Student Services Inc. for Part 5, Reference Plan 58R-7426, save and except Part 1, Reference Plan 58R- 12061, be further extended from January 14, 2000 to February 4, 2000." 7. Encroachment Aqreement - 150 Borden Avenue South (Rockwa¥-Victoria Ward) A memorandum from L. MacDonald, Assistant City Solicitor, dated January 14, 2000, was distributed this date. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the owner(s) of the property municipally known as 150 Borden Avenue South, to legalize the existing building as it encroaches in three places, the greatest of which is 0.27 metres, more or less, into the Dundas Avenue road allowance." Amendment to Fire Dispatch Aqreement - Township of Wilmot - Direct Fire Alarm Monitorinq A memorandum from J. Shivas, City Solicitor, dated January 17, 2000, was distributed this date. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement dated January 1, 2000 to amend the existing Fire Dispatch Service Agreement dated April 1, 1997, with the Township of Wilmot to provide for direct fire alarm service to the Township."