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HomeMy WebLinkAboutCouncil Minutes - 2000-06-26 SSPECIAL COUNCIL MINUTES J U N E 26, 2000 CITY OF KITCHENER A special meeting of City Council was held at 12:10 p.m. this date and Chaired by Mayor C. Zehr with all members present except Councillor Jake Smola. Notice of this special meeting had previously been given to all members of Council by the City Clerk pursuant to Chapter 25 (Council Procedure) of the Municipal Code. Council was in receipt of Fire Department staff report KFD-00-006 (B. Kuntz), dated June 19, 2000, recommending that the City support the application of Pelmorex Communications Inc. for regulatory approval of an emergency alerting system. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That Kitchener City Council support the application by Pelmorex Communications Inc. for regulatory approval from the Canadian Radio and Telecommunications Commission (CRTC) for a new emergency alerting system, subject to the Company being allowed to receive only the reimbursement of basic costs associated with the service and no additional fee for profit purposes; and further, That the City Clerk be authorized to advise the CRTC of Council's support no later than July 5, 2000." Carried. Council then considered a recommendation arising from the Finance and Administration Committee meeting of this date concerning an appeal of a refreshment vehicle location at 169 Riverbend Drive. Moved by Councillor J. Ziegler Seconded by Councillor John Smola "That the Manager of Licensing be directed to issue a year 2000 Refreshment Vehicle Licence to Mr. Wilk to operate a hotdog cart on private property at 169 Riverbend Drive, Kitchener." Carried. Council was in receipt this date of Legal Department staff report LEG-00-033 (G. Melanson) dated June 26, 2000, recommending that the City execute a full and final release in regard to litigation involving Kuwabara, Payne, McKenna, Blumberg - Architects, in regard to the deterioration of sandstone on the City Hall building. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That the Mayor and Clerk be authorized to sign a full and final release relating to the City's action commenced against Kuwabara, Payne, McKenna, Blumberg - Architects, and that the Legal Department be authorized to take the appropriate steps to have the action dismissed." Carried. Council was in receipt of Legal Department staff report LEG-00-030 (L. MacDonald), dated June 22, 2000, requesting consideration of two recommendations to facilitate the issuing of a building permit for the Sandhills Residential Retirement Community Inc. Mayor C. Zehr noted that staff have advised of a change in the recommendation involving the section number references for the Ontario Building Code. Moved by Councillor M. Yantzi Seconded by Councillor J. Ziegler "That the Mayor and Clerk be authorized to execute an agreement with the registered owner of Parts 12 and 13 on Reference Plan 58R-11820, municipally known as 20 St. George Street, and Parts 10 and 11 on Reference Plan 58R-11820, municipally known as 90 Benton Street, pursuant to Section 3.2.3.1 (8) of the Ontario Building Code, said agreement to permit the SPECIAL COUNCIL MINUTES J U N E 26, 2000 - 329 - CITY OF KITCHENER construction of a five storey residential dwelling on the said Parts 12 and 13 with the limiting distance for the exposed building face being measured to a point 3 metres beyond the easterly property line; and further, That the Mayor and Clerk be authorized to execute an agreement with the registered owner of Parts 12 and 13 on Reference Plan 58R-11820, municipally known as 20 St. George Street, and Parts 14 and 15 on Reference Plan 58R-11820, municipally known as 137 Queen Street South, pursuant to Section 3.2.3.1 (8) of the Ontario Building Code, said agreement to permit the construction of a five storey residential dwelling on the said Parts 12 and 13 with the limiting distance for the exposed building face being measured to a point 3 metres beyond the northerly property line." Carried. Council agreed to consider the municipal restructuring recommendation arising from a recent all- Councils meeting later this date. Moved by Councillor B. Vrbanovic Seconded by Councillor T. Galloway "That an in-camera meeting of City Council be held immediately following this special meeting to consider a personal matter, two litigation matters, two labour relations matters and four matters subject to solicitor-client privilege." Carried. The meeting then recessed at 12:15 p.m. and re-convened at 1:41 p.m. with the following members present: Mayor C. Zehr and Councillors T. Galloway, J. Haalboom, G. Lorentz, John Smola, K. Taylor- Harrison, B. Vrbanovic, C.Weylie, M. Yantzi, and J. Ziegler. It is noted for the record, and pursuant to Section 25.8.9 of Chapter 25 (Council Procedure) of the Municipal Code, that Councillor J. Haalboom disclosed a pecuniary interests at the in-camera meeting held this date in regard to an item involving solicitor-client privilege. The members of Council were in receipt of a facsimile from Michael Follett Consulting Inc. containing the recommendations on municipal restructuring made at the June 22, 2000 ali-Councils meeting, for individual Council approval by July 12, 2000. Councillor J. Ziegler stated that the recommendations were well worded and noted that the City of Kitchener has already endorsed either a rationalized two-tier or a one-city system. He moved the recommendations from the Ali-Council Member Restructuring Committee endorsing a rationalized two- tier system of governance, seconded by Councillor M. Yantzi. Councillor G. Lorentz spoke in opposition to the motion, stating that in his opinion, a few members took control of the process and it moved too quickly. He stated that the proposal amounts to tinkering with the current system and is not a sufficient or a final solution. He suggested that a modified two-tier system is not the long-term solution needed by the municipality for the next 20-30 years and to make this area competitive both locally and internationally. He stated that this proposal is a serious mistake. Councillor B. Vrbanovic stated that he was generally pleased with the process which took place, as it helped develop an understanding and dialogue. He advised that he could not support a recommendation for a rationalized two-tier system. He stated that he did not agree with the Province that bigger is better; however, it is the reality. Councillor Vrbanovic advised that should the rationalized two-tier system be selected, the principles contained in Restructuring Committee recommendations 2-6 should be maintained. Councillor J. Ziegler advised that he wished to withdraw his motion. He stated that he thought there was consensus on the rationalized two-tier system; however, it now appears that there is no consensus on supporting this recommendation. Following a brief discussion on procedure, Mayor C. Zehr agreed to accept Councillor Ziegler's request to withdraw his earlier motion. SPECIAL COUNCIL MINUTES J U N E 26, 2000 - 330 - CITY OF KITCHENER Councillor M. Yantzi then moved the recommendation to accept the rationalized two-tier system, which was not considered for lack of a seconder. Councillor T. Galloway put forward a motion to accept a one-city system of municipal government, which was seconded by Councillor C. Weylie. He stated that this was the time to stand up and endorse one model or the other, and the fact that the municipalities endorsed a triple majority means they knew consensus would not be reached. Councillor Galloway stated that this process is being undertaken at the direction of the Province and in all likelihood they will only accept a one-city model. He suggested that a rationalized two-tier system will make a shell out of the lower tier municipalities and he asked for this Councils endorsement of a one City system. With respect to the other recommendations from the all Councils meeting, he felt it was not practical for staff to work on these over the summer. He suggested that the Province expects the new Council to work through the details and that this process should be brought to conclusion now and recommenced in the new year. Councillor John Smola stated that he did not agree with a one city model but a one tier model which will allow the City of Cambridge to go back to its community. He also questioned assets, stating that he hoped they would be considered by the transition team with appropriate dividends back to the taxpayers. Councillor G. Lorentz spoke in support of Councillor Galloway's motion suggesting that a one-city model is the best model for this community. Councillor J. Haalboom advised that she is in support of the motion but requested that the term 'one-city' be changed to 'one-municipality'. Councillor M. Yantzi stated that the structure for the next municipal election is in place and questioned the apparent rush. As separated Councils have been approved, he questioned rushing into political disruption at this point and stated that he would not support the motion. Councillor J. Ziegler advised that he had originally support a one-tier model with two cities, which would not be realistic if not supported by the Townships. He stated that a one-city model is the best model for the City of Kitchener from a tax perspective and that he would support a one-tier/one-city system. Councillor C. Weylie stated that she was in support of the motion. She noted that the Barr report proved that the one-city system was the best and advised that she was not prepared to contract out services. Councillor B. Vrbanovic stated that he will support the motion. He stated that the process had been a healthy, necessary and inclusive process. The final result reflects that there was consensus but not unanimity. He suggested that the Barr report was very important because it brought forward facts as opposed to emotions. He noted that today is an opportunity for individual Councillors and Councils to say what they think is the best for their communities. Councillor K. Taylor-Harrison spoke in support of the motion and advised that she had learned a lot through this process, noting that she had previously been leaning toward a two-city system. Mayor C. Zehr stated that this would be an amalgamation of governance and that communities would still exist. He suggested it is time to grow up and be the mature municipality we need to be, and area Councils should finish the job once and for all. With respect to the timing proposed in the recommendations in the all Councils meeting, Mayor Zehr suggested that it is not practical for staff to bring forward the necessary detailed reports by September. He stated he would much prefer to have staff working on defining the principals necessary to establish a one-city system. During the discussion it was suggested that the term 'one-city' in Councillor Galloway's motion be changed to 'one-tier' or 'one-municipality'. Councillor Galloway accepted as a friendly amendment to change of 'one-city' to 'one-municipality'. Councillor C. Weylie requested a recorded vote. SPECIAL COUNCIL MINUTES JUNE 26, 2000 - 331 - CITY OF KITCHENER Moved by Councillor T. Galloway Seconded by Councillor C. Weylie "That the City of Kitchener, as a participating municipality of the All-Council Member discussion process within the Regional Municipality of Waterloo, recommends a one-municipality system of local government." In Favour: Mayor C. Zehr and Councillors T. Galloway, J. Haalboom, G. Lorentz, K. Taylor- Harrison, B. Vrbanovic, C. Weylie and J. Ziegler. Contra: Councillors John Smola and M. Yantzi. Motion Carried. Councillor B. Vrbanovic suggested that should the one-municipality system not be the ultimate outcome, as a result of the triple majority requirement, the City of Kitchener should have input into the form of a rationalized two-tier system. Councillor B. Vrbanovic put forward a motion, seconded by Councillor J. Ziegler, to adopt the balance of the recommendations of the Ali-Council Member Restructuring Committee meeting. It was generally agreed that the timing of September 2000 be changed to 'at a later date' in all instances except recommendation 6 which was changed in part as follows; "That these recommendations be completed and presented to an ali-Council meeting in late winter 2001 for ratification and approval by March 21, 2001...". It was also suggested that first paragraph in recommendation 4, be changed to read; "That the City of Kitchener endorses the following principles:". Finally, it was suggested that the words "areas targeted for improvement..." in principle A be changed to "areas targeted for rationalization...". Councillor B. Vrbanovic accepted these changes as friendly amendments to his motion. Councillor J. Haalboom suggested that a review of representation be undertaken in the next term. Mayor C. Zehr requested a recorded vote. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Ziegler "That, in the event a rationalized two-tier system is endorsed by the municipal governments in the Regional Municipality of Waterloo through a triple-majority, the City of Kitchener accepts the principles outlined below regarding the creation of a rationalized two-tier system; and, The City of Kitchener, as a participating municipality of the All Council member discussion process, accepts that representation will be as planned for the year 2000 elections; and, That the City of Kitchener endorses the following principles for a rationalized two-tier system: Service levels will be rationalized following a model of efficiency, effectiveness and accountability. In particular, administrative services will achieve these objectives through an analytical process of applying best practices, internal and external benchmarking and other accepted techniques for rationalizing services. Areas targeted for rationalization include the corporate services areas of information technology, finance and accounting, payroll, taxation billing and collection, human resources management, legal services and purchasing. Service quality levels are to be maintained at existing levels or better. In addition, some key service area principles have been addressed. These include: Parks and recreation will continue to be managed at the local level. II. Fire was recommended to stay under the current mutual aid model (at the local level). However, further study may be undertaken after consultation with Council SPECIAL COUNCIL MINUTES J U N E 26, 2000 - 332 - CITY OF KITCHENER members and senior staff, if deemed necessary to achieve the overall goals of efficiency, effectiveness and accountability, as well as optimizing public safety. III. Water and sewer will be managed at the Regional level. The Area Rating principle of rate follows service will apply, based on the current philosophy of differing urban/rural service levels. C. Debt and Reserves issues will be considered at a later date. The intent is that Planning will continue to be carried out through a Regional Plan, with local official plans providing input, to conform to the R.O.P.P. Staff will be asked to develop a discussion paper on the Planning issue at a later date. E. Tax implications will be considered in ongoing discussions at a later date; and, That these recommendations include a commitment to meeting the five principles or objectives of the Provincial government in regards to restructuring; and further, That these recommendations be completed and presented to an All Council meeting in late winter 2001 for ratification and approval by March 21, 2001; following which, they will be incorporated in a final document for joint ratification, after which, they will be forwarded to the Province for endorsement." In Favour: Mayor C. Zehr and Councillors T. Galloway, J. Haalboom, G. Lorentz, K. Taylor- Harrison, B. Vrbanovic, C. Weylie, J. Ziegler and M. Yantzi. Contra: Councillor John Smola Motion Carried. The meeting recessed at 2:45 p.m. and re-convened at 6:53 p.m. with all members present except Councillors Jake Smola, J. Ziegler and G. Lorentz. Moved by Councillor K. Taylor-Harrison Seconded by Councillor M. Yantzi "That the Mayor and Clerk be authorized to execute a full and final release, satisfactory to the City Solicitor, in favour of Kensington Beverage Corporation and William Pomeroy relating to a litigation matter with the Knopf family, as settlement of this matter as it involves these two parties has been completed." Carried. Mayor C. Zehr referred to a memorandum dated June 26, 2000, from L. Gordon, dealing with a matter of unfinished business respecting a proposal for the supply and installation of playgrounds. Moved by Councillor M. Yantzi Seconded by Councillor T. Galloway "That proposal P00-125, Playgrounds - Supply and Install, be awarded as follows: Little Tikes Commercial Play Systems, Paris, Ontario to be awarded: Carlyle Park at their proposed price of $13,060.17, plus G.S.T. Fenwick Park at their proposed price of $12,610.06, plus G.S.T. Cedarcrest Park at their proposed price of $13,790.11, plus G.S.T. Highland Courts Park at their proposed price of $13,790.11, plus G.S.T. Overlea Park at their proposed price of $15,213.91, plus G.S.T. Hillside Park at their proposed price of $12,141.26, plus G.S.T. Heritage Park at their proposed price of $15,213.91, plus G.S.T. SPECIAL COUNCIL MINUTES J U N E 26, 2000 - 333 - CITY OF KITCHENER Civic Centre Park at their proposed price of $13,150.30, plus G.S.T. Willow Lake Park at their proposed price of $13,790.11, plus G.S.T. Casey Park at their proposed price of $13,790.11, plus G.S.T. Henderson Recreation Equipment Limited, Simcoe, Ontario to be awarded: Chandler Park at their proposed price of $14,993.53, plus G.S.T. Timm Park at their proposed price of $14,915.11, plus G.S.T. Forest West Park at their proposed price of $14,924.02, plus G.S.T. Sylvia Park at their proposed price of $14,924.02, plus G.S.T. Shantz Park at their proposed price of $12,987.93, plus G.S.T. Wheatfield Park at their proposed price of $12,987.93, plus G.S.T. Traynor Park at their proposed price of $12,729.58, plus G.S.T. Country Hills Park at their proposed price of $16,319.81, plus G.S.T. Greenfield Park at their proposed price of $14,924.02, plus G.S.T. Timberlane Park at their proposed price of $13,981.10, plus G.S.T. Laurentian Park at their proposed price of $11,248.49, plus G.S.T. Belair Recreational Products Inc., Brantford, Ontario to be awarded: Bridgeport Daycare at their proposed price of $13,893.55, plus G.S.T. Kinzie Park at their proposed price of $12,954.09, plus G.S.T." Carried. At the Finance and Administration Committee meeting held this date, the issue of selecting a tentative Council meeting date, if required, during the 2000 summer break was referred to this meeting for discussion. A meeting date was not selected and Mayor C. Zehr advised that, if required, he would select a date and call a special Council meeting during the summer break. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Yantzi "That leave be given the Mover and Seconder to introduce the following by-laws for three readings and that the same be taken as read a first, second and third times, be finally passed and numbered serially by the Clerk. (a) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of The City of Kitchener Municipal Code with respect to the property municipally known as 57-55 Schueller Street, Kitchener. (By-law No. 2000-106) (b) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of The City of Kitchener Municipal Code with respect to the property municipally known as 39 Inge Court, Kitchener. (By-law No. 2000-107) (c) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of The City of Kitchener Municipal Code with respect to the property municipally known as 3 Marisa Street, Kitchener. (By-law No. 2000-108) (d) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of The City of Kitchener Municipal Code with respect to the property municipally known as 35 Marisa Street, Kitchener. (By-law No. 2000-109) SPECIAL COUNCIL MINUTES J U N E 26, 2000 - 334 - CITY OF KITCHENER (e) (f) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of The City of Kitchener Municipal Code with respect to the property municipally known as 75 Marisa Street, Kitchener. To confirm all actions and proceedings of the Council. (By-law No. 2000-110) (By-law No. 2000-111 ) Carried. On motion, the meeting adjourned at 7:00 p.m. MAYOR CLERK