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HomeMy WebLinkAboutCouncil Minutes - 2000-01-31COUNCIL MINUTES JANUARY 31, 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 'Millennium Magic', Grades 4-6 Choir from Meadowlane Public School under the direction of Mrs. Cathy Weber. Councillor G. Lorentz thanked the members of the choir for attending to present their rendition of the National Anthem. On motion by Councillor J. Haalboom, the minutes of the regular meeting held January 17, 2000, as amended this date, and special meetings held January 14 and 17, 2000, as mailed to the Mayor and Councillors, were accepted. For the record, it is noted that near the end of the Committee of the Whole portion of this meeting, Mayor C. Zehr put forward a motion, seconded by Councillor J. Ziegler, to correct page 17 of the January 17, 2000 Council minutes. The amendment deals with the resolution with respect to an agreement with Deloitte & Touche and adds the word 'not' in front of the word 'substantially' in the first line of the second paragraph of the resolution. The requested amendment to the January 17, 2000 minutes was Carried. COMMUNICATIONS REFERRED DIRECTLY TO FILE- (1) Correspondence from P. Vanini, Association of Municipalities of Ontario, in response to a resolution of Council granting a property tax exemption to the local branch of the Royal Canadian Legion. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation with respect to the tender listed on the Committee of the Whole agenda. In response to Councillor Jake Smola, Mr. Gordon advised that the maintenance agreement for the telephone system was a further extension to the renewal that was approved last year. He pointed out that there were simply no suppliers available that could support the City Hall telephone system. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That the Maintenance Agreement for the City of Kitchener's Rolm Model CBX 9000 and Redwood System be extended for one additional year with Norstan Canada Inc., London, Ontario at their quoted price of $52,382., plus G.S.T. and P.S.T." Carried. Ms. Aggie Beynon, Chair of the Brush with Art organization appeared as a delegation to provide an overview of their fundraising initiative. She explained the nature of the organization, and pointed out that funding had been received from business sponsors. Ms. Beynon indicated that $75,000 had been raised last year and that the funds had been expended in support of two galleries and the purchase of product for last year's operations as well as the current year's operations. She asked for Council's support of the organization and was advised of procedures to follow in making application for grant funding. Ms. Nancy McAIpine, President of the Country Hills Residents' Association appeared as a delegation along with three other Association representatives to present a cheque payable to the City in the amount of $10,000 from the Association, representing the last installment of $40,000 they had committed to in the building of the Country Hills Community Centre. Mayor C. Zehr accepted the cheque on behalf of the City and commented that the undertaking was one more example of how such organizations make major contributions to the community. Councillor T. Galloway thanked the delegation for completion of their commitment and pointed out that they were now actively fundraising for a project associated with the community centre. Mr. Steve Grant, Madorin, Snyder, appeared as a delegation in support of Clauses 3 and 4 of the Planning & Economic Development Committee report. He noted that the land severance applications of Ivan Buik were scheduled to be considered by the Committee of Adjustment at its February 8, 2000 meeting and asked that Council consider recommending to the Committee of Adjustment that it defer consideration of the applications until such time as staff have had an opportunity to fully consider the issue of infill development within lands located in Block Plan 65. COUNCIL MINUTES JANUARY 31, 2000 - 32 - CITY OF KITCHENER Mr. Grant referred to the January 24, 2000 minutes of the Planning and Economic Development Committee meeting and referenced the comments of: Councillor J. Ziegler who had suggested the Committee of Adjustment be informed of Council's preference for a three-lot rather than a four-lot development on the applicant's side of Drummond Drive; Mr. B. Stanley's response to the Committee which had advised of concerns relating to lotting, grading and drainage issues as they pertain to development of Drummond Drive; and, comments of Councillor T. Galloway who had suggested in view of the discussion, that it was premature for the Committee of Adjustment to consider the land severance applications at its February 8, 2000 meeting and had suggested the Committee defer the matter. Councillor C. Weylie enquired how long a deferral might be involved and Mr. B. Stanley commented on the problem at the staff level which was one of allocation of resources in consideration of current projects. He also commented on the fact that the lotting plan for Drummond Drive fell within the jurisdiction of the Committee of Adjustment. Mayor C. Zehr pointed out that traditionally City Council has not provided direction to the Committee of Adjustment relative to matters that were before it. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That Clauses 3 and 4 of the Planning and Economic Development Committee report be adopted." Carried. Councillor J. Haalboom commented that it was her view that the neighbourhood was asking for planning concerns within Block Plan 65 to be resolved before development takes place. Moved by Councillor J. Haalboom Seconded by Councillor J. Ziegler "That we recommend to the Committee of Adjustment that it defer consideration of the land severance applications of Ivan Buik respecting property fronting Drummond Drive until the Department of Business and Planning Services can review planning issues in the area in respect to Block Plan 65." Councillor B. Vrbanovic was opposed to consideration of Councillor Haalboom's motion given that the representatives of Ivan Buik were not in attendance and a balance of discussion on both sides of the issue could not take place. Councillor T. Galloway clarified his comments in the January 24, 2000 minutes in that he was requesting staff to report back whether there should be a review of Block Plan 65 at some point in time. In response to Councillor Jake Smola, Mr. Stanley advised that the applicant could ask the Committee of Adjustment for a deferral. Councillor Jake Smola noted that staff report BPS 99/122 was meant to deal only with the question of access of Drummond Drive. Mr. Stanley pointed out that the Committee of Adjustment application was made in order to sever and create additional lots on Drummond Drive and that the Committee of Adjustment had delayed making a decision on the matter pending Council resolution of the request that was made to change the access of Drummond Drive. Councillor Vrbanovic suggested that the motion of Councillor Haalboom be deferred to allow for input from landowners within Block Plan 65. Moved by Councillor B. Vrbanovic Seconded by Councillor Jake Smola "That Councillor J. Haalboom's motion requesting the Committee of Adjustment to defer consideration of the Ivan Buik land severance applications be deferred and referred to the February 7, 2000 Planning and Economic Development Committee meeting for consideration and that staff be instructed to notify land owners within Block Plan 65 of this matter." Councillor Jake Smola raised a point of order as to whether Councillor J. Haalboom's motion should be dealt with. Mayor C. Zehr ruled against Councillor Jake Smola noting that issues often are considered by Council even though a Committee recommendation has not been made to Council. Councillor B. Vrbanovic's deferral motion was then put to a vote and Carried. JANUARY 31, 2000 COUNCIL MINUTES - 33 - CITY OF KITCHENER Mr. Christopher Griffin appeared as a delegation to provide an update on the Millennium Thumbprints project. In this regard, he noted that plans were to create a three-dimensional bronze monument and that funding was in place for the undertaking. Mr. Griffin indicated that seventy thousand ballots would be distributed to the community and from the responses received, one thousand signatures would be chosen. He also informed Council of their plans involving the City of Berlin, Germany, and possible duplication of the monument in that City. Ms. Sandra Millar, K-W Tourism, appeared as a delegation along with the President of the K-W Multicultural Centre who presented a portrait of the Clock Tower to the City in appreciation of the support that the Centre has received from the City. Ms. Millar provided Council with an update on the 'Cherish and Celebrate' project of the Millennium Celebration Committee and noted that funding support has been slower coming in than anticipated. In this regard, she referred to the costs for weekend use of the Waterloo Recreation Centre and the Centre in the Square and asked for Council to consider financial support. Mayor C. Zehr explained the process relative to making applications for grant funding and advised if the information was submitted it could be considered at the Community Services Committee meeting of February 7, 2000. Messrs. Bill Gladwish and Randy Ellis appeared as a delegation on behalf of Canada's Technology Triangle (CTT) to present an interim report on 1999 operations and outline plans for the year 2000. In this regard, they provided members of Council with a book entitled 'Canada's Technology Triangle - An Economic Celebration' and a booklet entitled 'Economic Development in Canada's Technology Triangle Inc. - Business Plan 2000'. Each delegation utilized the visual overhead system in the Council Chambers to assist in their presentations. Mr. Gladwish spoke of CTT's administrative structures and accomplishments throughout 1999 and Mr. Ellis, CEO for CTT, provided details of the organization's business plan for the year 2000. Councillor T. Galloway questioned if the delegation could assess its progress and Mr. Ellis commented that it was their view that CTT was doing great particularly in consideration of the fact that other municipalities have committed very large sums of money in support of similar undertakings. Ms. Frances Brecko appeared as a delegation to enquire about what she understood to be a tax surplus in the amount of $2M for 1998/9. Ms. P. Houston advised that the 1998 surplus was $450,000 and Mayor C. Zehr explained that the delegation might be associating the funds that the City has in various reserves as a tax surplus. He noted that any increase in taxes that Ms. Brecko might have been impacted by could have been as a result of the change in assessment value of her property. Ms. Houston agreed to contact the delegation to discuss the questions she had raised. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That Ms. Jane Jantzi be appointed to the Economic Development Advisory Committee for a term to expire November 30, 2000." Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee be adopted." Voted on Clause by Clause. Clauses 3 and 4 - Dealt with under Delegations and Carried. Balance of report - Carried. Moved by Councillor Jake Smola Seconded by Councillor J. Haalboom "That the report of the Environmental Committee be adopted." Carried. JANUARY 31, 2000 COUNCIL MINUTES - 34 - 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." Carried. Moved by Councillor M. Yantzi Seconded by Councillor J. Haalboom "That the report of the Kitchener Downtown Advisory Committee be adopted." Councillor T. Galloway stated that he could not support the recommendation to undertake a faCade restoration on City-owned land at 156-158 King Street West given that the City purchased the property with the intent to turn it over as quickly as possible. He considered the expenditure to be an unnecessary cost for the City but suggested that staff might try to negotiate the improvements into the purchase and sale contract. Councillor J. Haalboom commented that the undertaking was both an opportunity and a responsibility given that the condition of the faCade was a property standards issue. Further she noted that improving the fa¢ade would likely attract a better selling price. Councillor J. Ziegler noted that the $22,000 expenditure may assist in finding a purchaser for the property and would also be adhering to the City's own policies in the Downtown. In response to Councillor B. Vrbanovic, Ms. L. MacDonald suggested that a condition might be put in the Agreement of Purchase and Sale that the design of the fa¢ade improvement be subject to approval by the City. Councillor Vrbanovic suggested the matter could be deferred and reconsidered at Committee and Special Council meetings on February 7, 2000. Councillors G. Lorentz and John Smola were opposed to the Committee recommendation and suggested the fa¢ade improvement be included as a condition of sale. Further discussion as to the merits of the recommendation took place and Mr. J. Gazzola recommended Council defer and refer the issue to the February 7, 2000 Special Council meeting. A motion by Councillor M. Yantzi, seconded by Councillor B. Vrbanovic, that the Kitchener Downtown Advisory Committee recommendation be deferred and referred to the February 7, 2000 Special Council meeting to allow for consideration of an opinion from the property listing agent as to whether such restoration is a worthwhile expenditure was put to a vote and Carried. Councillor Jake Smola referred to a meeting that took place January 19, 2000, at Grandview Baptist Church concerning the future of the Waterloo Airport. He also referred to a December 14, 1999 Kitchener Council 12-point resolution which he read as well as a subsequent resolution also passed on December 14, 1999. He indicated that a press release was to be made on the Airport Master Plan that contained nine recommendations and that these would be the subject of public meetings to be held by the Airport Advisory Committee on February 8, 2000, by Regional Engineering Committee on March 8, 2000 and by Regional Council on March 22, 2000 with all meetings being held at the Regional Headquarters building. Further he noted that a public information meeting was being held at Grandview Baptist church on Thursday, February 24, 2000. Councillor Jake Smola then read seven recommendations arising from the Lackner Woods Residents' Association which he requested be recorded in the minutes: · A night time curfew between 8:00 p.m. and 8:00 a.m. except for medical and life-threatening emergencies. · Diversion of flight paths from populated areas coupled with requirement to use prescribed runways. · Develop community standard to establish maximum noise level for single aircraft movement. · Establish monitoring devices to ensure a standard is complied with and impose severe penalties for any violations. · Provide for growth of the Airport by construction of a north/south parallel runway, not by the extension of 07/25 runway; or at a relocated airport well away from urban areas. · Increase the user fees to a level equal to neighbouring airports. · Ensure that any new major capital improvement projects are paid for by the users. Mr. B. Stanley advised that Mr. Andy Campbell would be making a presentation on the Airport to the Planning and Economic Development Committee at its February 7, 2000 meeting. JANUARY 31, 2000 COUNCIL MINUTES - 35 - CITY OF KITCHENER At this time, Councillor Jake Smola publicly thanked all of the community volunteers who have worked on this issue. Councillor B. Vrbanovic suggested that at the meeting consideration be given to the recommendations of the Lackner Woods residents. He also pointed out that there was a vacancy on the Airport committee and on motion by Councillor B. Vrbanovic, it was agreed that staff be directed to advertise to fill this vacant position as soon as possible. Councillor B. Vrbanovic displayed a small trophy that a Kitchener team won against Waterloo in a tournament hockey fund-raiser for the Grand River Rotary Club. Councillor J. Haalboom gave notice of and described heritage celebration activities in February and also commented on the third annual Heritage Day meeting which would be attended by various speakers in Cambridge. She also referred to activities that were taking place in the City Hall Rotunda and a rural bus tour scheduled for February 26, 2000. Councillor T. Galloway reported that the Region of Waterloo 2000 Budget resulted in a zero percent tax increase and noted that the budget included costs for phase-in of hiring of additional police officers as well as a number of other enhancements in service. He did point out that one issue remained and that was the question of a special hospital capital levy to assist in various construction projects which would be dealt with at Regional Finance Committee and Regional Council on February 9, 2000. Councillor G. Lorentz pointed out that a volunteer drive was being held on February 5, 2000 at the Forest Heights Community Centre and questioned if a representative of the Police Service Board could attend to comment on the benefits of increased staff complement resulting from the hiring of 75 new police officers. Mayor C. Zehr agreed to take this issue under advisement. As noted on the agenda, Councillor Jake Smola confirmed that he wished to defer the Notice of Motion given at the January 17, 2000 meeting regarding a salary survey for selected employee groups and requested that this Notice be referred to Council's February 14, 2000 meeting agenda. Mayor C. Zehr indicated that a delegation was in attendance with regard to licensing matters that were to be added to the Committee of the Whole Agenda of this date. Moved by Councillor Jake Smola Seconded by Councillor John Smola "That Randy Zivkovic be granted an Adult Entertainment Parlour licence, for 808 Courtland Av. E., Unit #4, Kitchener, for the year 2000." Carried. Moved by Councillor Jake Smola Seconded by Councillor John Smola "That the following massagists who are employed at 808 Courtland Av. E., Unit #4, Kitchener, be granted Massagist licences for the year 2000: Lisa Schmitz Melissa Berry Colleen Tomlinson Mihaela Duma Jean Noble Tawnya Pulfer." Carried. Moved by Councillor M. Yantzi Seconded by Councillor G. Lorentz "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to provide for the widening of part of Cedar Street South as a public highway in the City of Kitchener. JANUARY 31, 2000 COUNCIL MINUTES - 36 - CITY OF KITCHENER (b) Being a by-law to provide for the widening of part of Madison Avenue South as a public highway in the City of Kitchener. (c) Being a by-law to provide for the widening of part of King Street East as a public highway in the City of Kitchener. (d) Being a by-law to provide for the widening of part of St. George Street as a public highway in the City of Kitchener. (e) Being a by-law to provide for the widening of part of Church Street as a public highway in the City of Kitchener. (f) Being a by-law to provide for the widening of part of Queen Street South as a public highway in the City of Kitchener. (g) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (h) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (i) To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (J) Being a by-law to provide for the establishing and laying out of part of Activa Avenue as a public highway in the City of Kitchener. (k) Being a by-law to provide for the establishing and laying out of part of Westforest Trail as a public highway in the City of Kitchener. Being a by-law to provide for the establishing and laying out of parts of Veronica Drive as a public highway in the City of Kitchener. (m) 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 C. Zehr appointed Councillor J. Haalboom as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor J. Haalboom Seconded by Councillor C. Weylie "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor M. Yantzi Seconded by Councillor G. Lorentz "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to provide for the widening of part of Cedar Street South as a public highway in the City of Kitchener. (By-law No. 2000-11) JANUARY 31, 2000 COUNCIL MINUTES - 37 - CITY OF KITCHENER (b) (c) (d) (e) (f) (g) (h) (i) (J) (k) (i) (m) Being a by-law to provide for the widening of part of Madison Avenue South as a public highway in the City of Kitchener. (By-law No. 2000-12) Being a by-law to provide for the widening of part of King Street East as a public highway in the City of Kitchener. (By-law No. 2000-13) Being a by-law to provide for the widening of part of St. George Street as a public highway in the City of Kitchener. (By-law No. 2000-14) Being a by-law to provide for the widening of part of Church Street as a public highway in the City of Kitchener. (By-law No. 2000-15) Being a by-law to provide for the widening of part of Queen Street South as a public highway in the City of Kitchener. (By-law No. 2000-16) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2000-17) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law No. 2000-18) To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (By-law No. 2000-19) Being a by-law to provide for the establishing and laying out of part of Activa Avenue as a public highway in the City of Kitchener. (By-law No. 2000-20) Being a by-law to provide for the establishing and laying out of part of Westforest Trail as a public highway in the City of Kitchener. (By-law No. 2000-21) Being a by-law to provide for the establishing and laying out of parts of Veronica Drive as a public highway in the City of Kitchener. (By-law No. 2000-22) To confirm all actions and proceedings of the Council. (By-law No. 2000-23) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. JANUARY 31, 2000 COUNCIL MINUTES - 38 - CITY OF KITCHENER On motion, the meeting adjourned. MAYOR CLERK COUNCIL MINUTES JANUARY 31, 2000 - 39 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - That Demolition Control Application DC 99/3/H/PB (Garo Bostajian and Bost Properties Inc.) requesting approval for the demolition of one single detached dwelling located at 950 Highland Road West, legally described as Part of Lot 35, German Company Tract, more particularly described as Parts 3, 13 and 18 of 58R-10060 be approved without conditions. 2. That no further action be taken to regulate the storage and sale of topsoil. 3. That the access to proposed Drummond Drive from Amherst Drive be maintained in accordance with Block Plan 65. (Dealt with under Delegations and Carried) That we waive the requirement under Council Policy 1-727 (Road Allowance Widths and Sidewalk Locations in New Subdivisions) and not require installation of sidewalks when proposed Drummond Drive is constructed. (Dealt with under Delegations and Carried) ENVIRON MENTAL COM M ITTEE - That Ms. B. Steiner be designated as the City's Eco-Counselor (EC) to liaise with the International Council for Local Environmental Initiatives (ICLEI) and that her EC work involvement be limited to information collection and transfer. FINANCE AND ADMINISTRATION COMMITTEE - That Council support a 50th Anniversary celebration for the Kitchener Memorial Auditorium Complex from May 2000 to May 2001; and further, That Councillor John Smola be appointed Chair of the organizing committee to develop and implement the celebration. That Council grant the request of Doon Heritage Crossroads for a reduction in the required Temporary Vendor Licence Fee to $10.00 for a Show referred to as "Seedy Saturday" to be held on Saturday, February 19, 2000. That Fire Station #2 at 629 Guelph Street, described as Part of Lot 4, Plan 671 and Lot 111, Closed Streets and Lanes, being .50 acres together with buildings and other land improvements; be declared surplus to the City's needs; and further, That the City Solicitor be directed to dispose of the site with all Offers to Purchase to be presented to Council for consideration. That the property at 156-158 King Street West, described as Part of Lots 2 and 3, Plan 362, consisting of a three storey building and basement totaling 17,630 sq. ft. with a lot size of approximately 5,460 sq. ft., be declared surplus to the City's needs; and further, That the City Solicitor be directed to dispose of the site with all Offers to Purchase to be presented to Council for consideration. That the vacant land located adjacent to 42-50 Wilfred Avenue and 55 Ross Avenue flanking Weber Street East described as Part of Lot 94, Plan765 designated as Part 2, Plan 58R-12250 with a lot size of 4,854 sq. ft. be declared surplus to the City's needs; and further, That the City Solicitor be directed to dispose of the site with all Offers to Purchase to be presented to Council for consideration. COUNCIL MINUTES JANUARY 31, 2000 - 40 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) That the non-energy repairs at the Kitchener Memorial Auditorium, in the amount of $331,000.00, be funded from the Energy Management Fund; with repayment to come from accrued future savings. That an all-way stop control be installed at the intersection of Laurentian Drive and Howland Drive; and, That the uniform Traffic By-law be amended accordingly; and further, That the need for this all-way stop control be reviewed in one year. KITCHENER DOWNTOWN ADVISORY COMMITTEE- That Council direct staff to undertake a fa~;ade restoration on the City owned property at 156- 158 King St. W., Kitchener as recommended by Wayne Pearce, Loans/Incentive Coordinator, based on his estimate of $22,000. (Action deferred and referred to the February 7, 2000 Special Council meeting to allow for consideration of an opinion from the property listing agent as to whether such restoration is a worthwhile expenditure) COUNCIL MINUTES JANUARY 31, 2000 - 41 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. 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." B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Licences i) Sale of Tickets It was resolved: "That the City of Kitchener has no objection to the Children's Hospital of Western Ontario Foundation, 746 Base Line Rd. E., Suite 406, London, Ontario, N6C 5Z2, being granted permission to sell tickets in the City of Kitchener for a draw to be held on June 4, 2000. The draw will be held at the London Health Science Centre, 800 Commissioners Rd. E., London, Ontario." ii) Old Gold It was resolved: "That a 2000 Old Gold Licence be granted to Hien Hoang relative to the premises at 159 King Street East, and that the granting of this licence be conditional upon the applicant providing the Waterloo Regional Police Service with a photograph of each item purchased, in addition to the required Register of Purchases." 2. Do.q Desi.qnation Appeal Decision It was resolved: "That the January 10, 2000 decision of the Dog Designation Appeal Committee regarding an appeal of a Dangerous Dog designation filed by Chris Mayr be ratified and confirmed." 3. Tax Sale Procedures In response to enquiry from Councillor G. Lorentz, Ms. P. Houston reminded the Committee that a one-year process was involved and that any concerns staff might have relating to these matters could be brought forward to Members of Council. It was resolved: "That the City of Kitchener commence tax sale procedures for non-payment of realty taxes against those properties identified in the report of P. Houston and O. den Ouden dated January 10, 2000 for arrears in the amount of $179,077.00." 4. Council Appointment - Barrier Free Advisoqf Committee It was resolved: "That Councillor T. Galloway serve as the Council representative on the K-W Barrier Free Advisory Committee for a term expiring November 30, 2000." JANUARY 31, 2000 COUNCIL MINUTES - 42 - CITY OF KITCHENER B= COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 5. Approved Subsidy for Home Support Services It was resolved: "That the Mayor and Clerk be authorized to execute the legal agreement between Her Majesty the Queen in right of Ontario, as represented by The Ministry of Health, and The Corporation of the City of Kitchener under the Home Support Services for the Elderly Program for the period January 1, 1999 to December 31,1999, in the amount of $205,236." 6. Appointment - Arts & Culture Advisory Committee It was resolved: "That Mr. Harry Froklage be appointed to the Arts & Culture Advisory Committee for a term expiring November 30, 2000." 7. Liti,qation Settlement - 90 Kinq Street West (Capitol Theatre) - CENTRE WARD It was resolved: "That the Mayor and Clerk be authorized to sign the Minutes of Settlement with CMG Entertainment Inc. and 1325790 Ontario Ltd., regarding litigation and the liquor licence application for 90 King Street West, Kitchener." 8. Tender The tender was dealt with under Delegations. 9. A,qreement - Review of Options for Municipal Restructurinq (Deloitte & Touche) The Committee was in receipt of a report from J. Gazzola dated January 27, 2000 prepared in response to previous direction relative to a proposed agreement with Deloitte & Touche LLP regarding Review of Options for Municipal Restructuring. Councillor B. Vrbanovic indicated that he and several Councillors had attended a forum which the four Townships held January 29, 2000 and noted that the City of Waterloo planned to host a similar meeting February 11 and 12, 2000. Councillor Vrbanovic indicated that he wished to slightly revise the staff recommendation pertaining to the proposed agreement by removing $40,000 representing the study cost of a two-tier model and re-designating public survey funding in the amount of $45,000 to public input funding and that such expenditure be the subject of discussions at the joint City of Waterloo meeting on February 11 and 12, 2000. He commented that the $60,000 City of Kitchener share of the agreement represented a very small cost per household. Councillor G. Lorentz commented that he had concern with regard to the three-city model as it relates to the viability of rural municipalities and suggested consideration be given to delaying that part of the study. Mr. J. Gazzola responded that a similar study was conducted in Ottawa and it actually assisted in proving to the residents of rural areas that the rural-city model did not work. Councillor J. Ziegler supported the revisions proposed by Councillor Vrbanovic and also pointed out that the contract should provide for termination if the Province intervenes in the re-structuring process and appoints an advisor. It was suggested there was sufficient time to incorporate this issue and others before final wording of the contract was defined. Councillor Jake Smola requested that the resolution be forwarded to the Minister of Municipal Affairs, the four local area MPPs, the four Townships and Regional Council in addition to the Cities of Cambridge and Waterloo. COUNCIL MINUTES JANUARY 31, 2000 - 43 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) A,qreement - Review of Options for Municipal Restructurinq (Deloitte & Touche) - (Cont'd) Councillor T. Galloway stated that he opposed the recommendation suggesting that the Townships would not support it and on the basis that the timelines suggested by the consultant will miss the Province's spring legislative agenda. He also stated that he had concern regarding a survey proposal. Mayor C. Zehr also raised concerns regarding the recommendation and the timing being suggested for the consultant's report and questioned how Council could arbitrarily change the date the consultant has developed. Mr. J. Gazzola referred to the March 24, 2000 date to complete the review and noted that any additional time beyond that date involves public input, the nature and extent of which has yet to be decided by Council. At this point, Mayor C. Zehr introduced the amendment to the January 17, 2000 Council minutes referred to at the beginning of the Council meeting this date. Mayor C. Zehr raised several concerns in respect to details of the proposed agreement which were responded to by Mr. J. Gazzola. Mayor Zehr indicated that he would not support Councillor Vrbanovic's motion. Additional comments were forthcoming from several Councillors prior to Councillor Vrbanovic introducing his motion. It was requested that a recorded vote be taken. On motion by Councillor B. Vrbanovic, It was resolved: "That the Mayor and Clerk, on behalf of the City of Kitchener, be authorized to execute an agreement between Deloitte & Touche LLP and the Cities of Cambridge, Kitchener and Waterloo relative to completion of a Review of Options for Municipal Restructuring outlined in the memorandum, as amended below, from Deloitte & Touche LLP dated January 26, 2000; and, That the cost of the Review, estimated at $165,000 plus applicable taxes, be split equally among the Cities of Cambridge, Kitchener and Waterloo; and, That the amendments to the Deloitte & Touche LLP memorandum referred to above are: That the Rationalized Two-Tier option at a cost of $40,000 be removed from the Review and it be understood that modification of any existing options or the addition of any new options considered at the joint area Councils workshop being th th hosted by the City of Waterloo on February 11 and 12 , be dealt with at a future date as a further amendment to this memorandum; and, ii) That the $45,000 amount for a public survey be re-allocated as funds for Public Input with discussion as to how these funds are allocated being referred to the workshop on February 11th and 12th; and, iii) That the timing for completion of the Review, and resolution of the local government issue remain the same as outlined in the motion passed by Council th on January 17 , specifically: completion of the Review by March 24th ; completion of public input by April 14, 2000; and all Councils dealing with this matter by April 30th in time for the November 2000 Municipal Elections. Further, that any changes to these dates resulting from the joint workshop on February 11th and 12th or action by the Ministry of Municipal Affairs and Housing, be considered by Council at a future date; and, iv) That the contract with Deloitte & Touche LLP reflect 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 JANUARY 31, 2000 COUNCIL MINUTES - 44 - CITY OF KITCHENER B= COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) A,qreement - Review of Options for Municipal Restructurinq (Deloitte & Touche) - (Cont'd) iv) (Cont'd) 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 resolution be forwarded to the Minister for Municipal Affairs & Housing, the four local area MPPs, the Councils of the Cities of Cambridge and Waterloo, the Councils of the Townships of North Dumfries, Wellesley, Wilmot and Woolwich, and the Council of the Regional Municipality of Waterloo." In Favour: Councillors K. Taylor-Harrison, M. Yantzi John Smola, Jake Smola, B. Vrbanovic, J. Ziegler and G. Lorentz Contra: Mayor C. Zehr and Councillors C. Weylie, T. Galloway and J. Haalboom. Councillor B. Vrbanovic requested that the Clerk advise the City of Waterloo that the City of Kitchener requests consideration of the following items for the agenda of its February 11 and 12, 2000 meetings. · Common principles (as amended by Regional Council) · Timing · Public input processes · Representation/governance models 10. Transit Capital Infrastructure Provincial Fundinq It was resolved: "WHEREAS an affordable and efficient public transit network is a key factor in providing equal access to employment, school, health care and community facilities and helps to support a healthy pedestrian environment, vibrant neighbourhoods and improved quality of life in urban residential areas; AND WHEREAS transit is particularly important to students, seniors, people with disabilities, those who cannot afford a car and many who choose not to own a car, as well as those new to the workforce and those trying to escape unemployment where transit can be an essential factor in maintaining employment; AND WHEREAS Canada's population is growing and aging and transit demands are increasing accordingly; AND WHEREAS overall transit funding in Canada has declined 18% over the past 5 years, resulting in service cuts, fare increases and 25% fewer passengers per capita than a decade ago, service restoration and expansion is needed in all Canadian cities to bring back former riders, attract new riders and realize all the benefits of greater transit use; AND WHEREAS municipal monetary pressures virtually eliminate the ability to upgrade to fully accessible, environmentally friendly vehicles which, in turn, can help attract new riders and support the local economy; AND WHEREAS transit in Canada has an estimated need of $9.2 billion in new capital infrastructure investment over the next 5 years. Of that amount, $3.2 billion is needed COUNCIL MINUTES JANUARY 31, 2000 - 45 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 10. Transit Capital Infrastructure Provincial Fundinq - (Cont'd) to replace or repair existing buses and other infrastructure, while $6 billion is needed just to meet growth demands currently anticipated. Only $5.1 billion of transit's infrastructure needs will be met with existing funding sources (primarily municipalities), while $4.1 billion can be achieved only with new funding from the Federal and Provincial Governments; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Kitchener urge the Premier of Ontario to commit to ensuring a secure and growing role for public transit in the new millennium by reinvesting in transit capital infrastructure and that the Premier request similar action be taken by the Prime Minister of Canada." 11. Economic Development Advisory Committee - Commercial Policy Review Study The Committee was in receipt of Business and Planning Services staff report BPS 00/11. The report deals with a recommendation of the Economic Development Advisory Committee in respect to the City's Commercial Policy Review Study and direction to prepare new commercial policies for the Municipal Plan. Councillor G. Lorentz questioned if the targeted completion date of November 2000 could be accelerated given the importance of this matter. Mr. B. Stanley commented on the radically changed philosophy that was being pursued and pointed out that while there was 100% buy-in on the philosophy, there was much concern raised with respect to the new policy's implementation. He pointed out that broad consultation of the draft policy was planned given that every commercial property in the City was being affected as well as those properties adjoining such commercial properties. Mr. Stanley further commented that the policies were being undertaken in concert with the major five-year review of the City's Municipal Plan and that speeding up the undertaking would shortchange the process. Councillor Lorentz requested that staff provide Council with a flow chart work program relative to preparation of the new commercial policies and also that Council be provided with a written update on the status of this undertaking every two months. It was resolved: "That Council adopt the December 22, 1999 recommendation of the Economic Development Advisory Committee endorsing the completion and implementation of the Commercial Policy Review Study as a high priority item, and with a targeted completion of no later than November, 2000; further, that it be ensured staff have the necessary resources to complete this objective; and further, That staff provide Council with a flow chart of the work program to complete new commercial policies and a written update on the status of the program every two months." 12. Compliance with Deed Restrictions - 1351 Strasburq Road - FAIRVIEW WARD The Committee was in receipt of correspondence dated January 28, 2000 from J. Shivas. It was resolved: "That on January 31, 2000, the property described as Part 9 on Reference Plan 58R- 5456 and municipally known as 1351 Strasburg Road, Kitchener, complied with the restrictions set out in a Schedule to Instrument No. 972219." COUNCIL MINUTES JANUARY 31, 2000 - 46 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 13. A,qreement - Truscan Property Corporation - Groundwater Monitorinq The Committee was in receipt of a memorandum dated January 31, 2000 from L. MacDonald, dealing with the matter of constructing groundwater monitoring wells on City property. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with the owner(s) of 305 King Street West permitting the construction of eight groundwater monitoring wells on City property; namely, the sidewalk on the west side of Water Street, in Hall's Lane and in the municipal parking lot south of Hall's Lane."