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HomeMy WebLinkAboutCouncil Minutes - 2000-02-14COUNCIL MINUTES FEBRUARY 14, 2000 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillors C. Weylie, K. Taylor-Harrison and M. Yantzi. The meeting began with the singing of "O Canada" by Ms. Silvina Oliveira and Ms. Maria Heemskerk of the King School of Vocal. Mayor C. Zehr thanked them for their rendition of the National Anthem. On motion by Councillor John Smola, the minutes of the regular meeting held January 31, 2000, and special meetings held January 24 and 31 and February 7, 2000, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE- (1) Correspondence from the Honourable E. Witmer, Minister of Health, acknowledging receipt of correspondence dated January 18, 2000 and addressed to the Honourable T. Clement, Minister of Municipal Affairs and Housing, concerning Review of Options for Municipal Restructuring. COMMUNICATIONS REFERRED TO COMMITTEE OF WHOLE - (1) Letter dated February 9, 2000, from R.W. Pritchard, General Manager of Corporate Services and City Clerk, relative to applications for cancellation, refund, reduction or levy of taxes. Mayor C. Zehr announced that Mr. Frank Pizzuto has been appointed as the new General Manager of the Parks and Recreation Department. He briefly recounted Mr. Pizzuto's background noting that he is currently Director of Social Services for the Regional Municipality of Waterloo, and welcomed him on behalf of Council. Mr. J. Gazzola noted that there had been 150 applications from across the country for this position, and he also welcomed Mr. Pizzuto on behalf of the administration. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That Mr. Frank Pizzuto be appointed as the City's General Manager of Parks & Recreation effective March 13, 2000." Carried Unanimously. Mr. Pizzuto thanked Council for the appointment noting that he was honoured to hold the position. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor J. Ziegler Seconded by Councillor Jake Smola "That Tender T99-115, Self-Propelled Rotary Mowers, be awarded to G.C. Duke Equipment Ltd., Burlington, Ontario at their tendered price of $105,000., for demonstrator units, plus G.S.T. and P.S.T." - and - "That Expression of Interest E99-117, Consultant Services for Marketing - Utilities Division, be awarded to Quarry Integrated Communications, Waterloo, for a period of one year commencing March 1, 2000., at an upset fee of $100,000., based on a satisfactory contract being negotiated; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Expression of Interest E99-120, Consultant Services - Electrical Engineer- Kitchener Memorial Auditorium Complex Upgrades, be awarded to Mighton Engineering Ltd., Kitchenerat a cost of $12,500., plus G.S.T." FEBRUARY 14, 2000 COUNCIL MINUTES - 50 - CITY OF KITCHENER - and - "That Tender T99-121, Fleet Vehicles (Automobiles, Vans, Pick-up Trucks & Crewcabs) be awarded as follows: Item # 1 - One (1) - 6,000 - 6,100 lb. G.V.W. Standard Cargo Van, complete to specification CKF-57 - to Steve Scherer Pontiac Ltd., Kitchener at their tendered price of $23,640., plus G.S.T. and P.S.T. Budget estimate was $28,000. Item # 2 - Two (2) - Compact 4-Door Sedans, complete to specification CKF-65 - to Stedelbauer Motors Ltd., Kitchener at their tendered price of $30,670., plus G.S.T. and P.S.T. Budget estimate was $38,000. Item #3 - One (1) - 5,600 lb. G.V.W. Mini Cargo Van, complete to specification CKF-83 - to Steve Scherer Pontiac Ltd., Kitchener at their tendered price of $18,705., plus G.S.T. and P.S.T. Budget estimate was $24,700. Item # 4 - Two (2) - 8,500 - 8,700 lb. G.V.W. Standard Cargo Vans, complete to specification CKF -84 - to We#and Ford Sales Ltd., Kitchener at their tendered price of $42,978., plus $6,162. for natural gas engine, $48. ea for separate side compartment door locks, G.S.T. and P.S.T. Budget estimate was $72,000. Item #5 - Three (3) - 5,600 lb. G.V.W. Pickup Trucks, complete to specification CKF-87 - to Parkway Ford Sales (1996) Ltd., Waterloo at their tendered price of $58,866., plus one optional 8 foot box, G.S.T. and P.S.T. Budget estimate was $75,000. Item #6 - One (1) - 6,000 -6,100 lb. G.V.W. Standard Cargo Van, complete to specification CKF -92 - to Steve Scherer Pontiac Ltd., Kitchener at their tendered price of $19,718., plus $337. for extra heavy duty suspension, G.S.T. and P.S.T. Budget estimate was $25,000. Item #7 - One (1) - 5,950 lb. G.V.W. Seven Passenger Mini Window Van, complete to specification CKF-95 - to Stedelbauer Motors Ltd., Kitchener at their tendered price of $22,632., plus G.S.T. and P.S.T. The Iow bid from Steve Scherer did not include the rear window defogger. Budget estimate was $27,500. Item #8 - Two (2) - 10,000 lb. G.V.W. Dual Rear Wheel Conventional Cab & Chassis, complete to specification CKF-98 - to Steve Scherer Pontiac Ltd., Kitchener at their tendered price of $43,348., plus G.S.T. and P.S.T. Budget estimate was $78,000. Item #9 - One (1) - 10,000 lb. G.V.W. Dual Rear Wheel Conventional Cab & Chassis, complete to specification CKF-240 to Steve Scherer Pontiac Ltd., Kitchener at their tendered price of $35,342., $531. for a Williams Body, $3,185. for NGV conversion, plus G.S.T. and P.S.T. Budget estimate was $48,000. Item #10 - Two (2) 10,000 lb. G.V.W. Dual Rear Wheel Conventional Cab & Chassis, complete to specification CKF-242 - to Steve Scherer Pontiac Ltd., Kitchener at their tendered price of $51,086., plus G.S.T. and P.S.T. Budget estimate was $70,000. Item #11 - One (1) - 1,500 lb. G.V.W. Payload Compact Extended Pick-up Truck, complete to specification CKF-306 - to Stedelbauer Motors Ltd., Kitchener at their tendered price of $18,206., plus G.S.T. and P.S.T. Budget estimate was $23,000." - and - "That Tender T99-111, Ventilation System - Bramm Street Yards, be awarded to Reitzel Heating and Sheet Metal ltd., Waterloo at their tendered price of $57,250., plus G.S.T." Carried. Mr. Gord Walsh, President - CUPE Local 68, appeared as a delegation to speak to Councillor Jake Smola's proposed motion concerning a salary survey for selected employee groups. COUNCIL MINUTES FEBRUARY 14, 2000 - 51 - CITY OF KITCHENER Councillor Jake Smola previously gave notice at the Council meetings of January 17 and 31, 2000, that he would introduce a motion for consideration this date regarding an employee salary survey for non-union positions below job grade 21, CUPE Local 68, CUPE Local 791, Kitchener Professional Firefighters, IBEW Local 636, CAW Local 4304 and part-time employees. Councillor B. Vrbanovic disclosed a pecuniary interest in this matter and abstained from all discussion and voting as his wife is employed by the City of Kitchener in the non-union group below grade 21. Mr. Walsh referred to the Local 68 strike last May in which they unsuccessfully attempted to achieve parity with Regional staff and advised that as a result staff morale is suffering. He commented that the employees he represents are highly skilled and take great pride in what they do, and he asked Council to investigate the wage injustices in the system to improve morale. Councillor Jake Smola stated that all City employees are valued dedicated staff who should be treated in a fair and equitable manner. Referring to the management salary review conducted by MacCrimmon and Associates, Councillor Jake Smola noted that a salary survey has been conducted for job grades 21 and above and remarked that, in the past, there has been no determination as to whether job positions are being fairly paid. He pointed out that a letter has been received from the Kitchener Professional Firefighters Association noting that they do not wish to participate in his recommended survey process. Councillor Jake Smola put forward a motion, seconded by Councillor John Smola, to conduct a salary survey for selected employee groups. Councillor J. Ziegler asked that staff outline the current wage settlement process and Mr. D. Paterson noted that the unions and management already do research on job comparators. He also advised that a survey was done with respect to the 9000 series part-time employees in 1999, and noted that for some positions, it is difficult to find job to job comparators. Councillor Ziegler advised that he was not in support of Councillor Jake Smola's motion noting that, during bargaining, the unions do their own research and have a strike option. He suggested that Councillor Jake Smola's motion would create an awkward situation in which the City would be spending taxpayers money to bargain with itself. Councillor T. Galloway enquired on what premise the MacCrimmon report for job grades 21 and above had been conducted. Mr. Paterson advised that it was to establish comparables in municipalities of a similar size and noted that they looked at classifications in that report. Councillor Galloway questioned the compression of the job classifications and Mr. Paterson responded that the compression resulted from the survey. Councillor Galloway then questioned, if this motion is adopted, whether compression of job grades would be a factor in the analysis. Mr. Paterson responded that would likely be the result for CUPE 791 and for Local 68; however, he did not see the applicability with the other employee groups. Councillor Galloway questioned whether Councillor Jake Smola was looking at compression in job classifications as a possible outcome of the research and Councillor Jake Smola responded that he hoped staff could enter into discussions with the unions to reach that point. Councillor Galloway then questioned Councillor Jake Smola as to whether the information obtained through this process would become public or used only for labour negotiations. Councillor Jake Smola responded that he did not see this having anything to do with the collective bargaining process, suggesting that the information be received in-camera and then made public. He also requested that a report be generated on how to make up any differences identified through the study. Councillor Galloway then advised that he would support Councillor Jake Smola's motion with a minor amendment that the survey be conducted on salaries and the classification system. Mr. D. Paterson responded that this would not be an unreasonable request and noted the possible benefits. He suggested also that conducting the survey among comparable employers within the region may not be appropriate for IBEW. Councillors Jake Smola and John Smola accepted Councillor T. Galloway's revision as a friendly amendment. With respect to conducting the survey within the region and the applicability for IBEW, Councillor Jake Smola suggested that staff be given the flexibility to do the necessary research in exceptional circumstances. Councillor John Smola stated that he had always thought Council's practice of approving identical pay increases for non-union staff after union settlements to be unfair. He suggested that the front-line workers feel they are being treated unfairly. He also suggested that the City review job classifications and work with staff before the next contract negotiations, in the hope that obtaining this information and being open with the unions may resolve some of the issues. COUNCIL MINUTES FEBRUARY 14, 2000 - 52 - CITY OF KITCHENER Councillor J. Haalboom questioned whether comparable employers would be strictly public employers with union oriented organizations and commented that she favoured some input from private industry. Mr. D. Paterson responded that usually municipal employers are used in these surveys but private companies could be used if it was possible to find comparables. Councillor Haalboom suggested a comparison with private corporations including such issues as sick leave and hours of work, suggesting that there was more security in the public sector. Mr. Paterson advised that including benefits makes the survey much more complex as it would become a full compensation survey. Councillor G. Lorentz spoke in support of the motion suggesting that this is an opportunity to look at cross training and job flexibility in the workplace. Councillor J. Ziegler questioned whether this mid-contract survey would lead to mid-contract pay increases. Councillor Jake Smola referred to the MacCrimmon report for job grades 21 and above where an implementation plan was provided. He suggested that this would have to be dealt with when the survey results were available. Councillor Ziegler responded that should this happen it would negatively impact the City's budget and result in increased taxes. He requested a recorded vote on Councillor Jake Smola's motion. It was suggested by several members of Council that contract negotiations are a separate process from that being proposed in this motion. Councillor T. Galloway noted that it has been assured that survey results would be considered in-camera and that Council could then decide what to do with this information. He commented that there are certain issues, such as classification reviews, which are more effectively conducted outside of the collective bargaining process. He suggested it was often easier to review job classifications midway through the collective agreement and pointed out that staff have said that changes could increase efficiencies. Mayor C. Zehr noted that, during contract negotiations, the City did have comparators and suggested that the existing situation could not be much different. He also suggested that, without a total compensation survey, the survey information would be incomplete. Moved by Councillor Jake Smola Seconded by Councillor John Smola "That Kitchener City Council instruct staff to conduct a salary and classification survey among comparable employers within the region for the following employee groups that were not included in the 'City of Kitchener Revised Management Salary Structures Project Report' dated November 30, 1999 by MacCrimmon & Associates and approved by Council on December 13, 1999; and, That these employee groups be identified as: non-union below grade 21, CUPE Local 68, CUPE Local 791, Kitchener Professional Firefighters, IBEW Local 636, CAW Local 4304, and part-time employees; and, That a report be generated which will identify how the employee groups compare to the market median rates of pay; and, That the same assumptions and analysis used in the MacCrimmon project report be used to generate a report to Council no later than June 1, 2000; and further, That if any of the employee groups would like to be removed from such a study, they are requested to do so in writing or appear before Kitchener Council on February 14, 2000." In Favour: Councillors John Smola, T. Galloway, G. Lorentz and Jake Smola Contra: Mayor C. Zehr and Councillors J. Ziegler and J. Haalboom Motion Carried. FEBRUARY 14, 2000 COUNCIL MINUTES - 53 - CITY OF KITCHENER Recorded Pecuniary Interest and Abstention: Councillor B. Vrbanovic as his wife is employed by the City of Kitchener in the non-union group under job grade 21. Mr. Paul Thiele appeared as a delegation which respect to Clause 2 of the Public Works and Transportation Committee report and thanked the Committee for its recommendation. Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That Clause 2 of the Public Works and Transportation Committee report be adopted." Carried. Mr. Michal Obiedzinski appeared as a delegation in opposition to Clause 6 of the Finance and Administration Committee report. He recounted the advantages of locating his hotdog cart at 385 Fairway Road South/Wilson Avenue noting that Fairway Road is very busy and he did not think that people would walk across Fairway Road to patronize his hotdog cart. He quoted from a letter of support received from the Canadian Tire store at this location. It was noted by members of Council that the request is very similar to the one refused by Council, from Mr. R. Hamm, to locate a hotdog cart at the Toys R Us plaza at Fairway Road/Wilson Avenue. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That Clause 6 of the Finance and Administration Committee report be adopted." Carried. Mr. Don Bourgeois appeared as a delegation with respect to Clause 4 of the Finance and Administration Committee report. Councillor B. Vrbanovic spoke in support of the recommendation noting that from a community theatre perspective this is a giant step forward and there is a lot of interest from community groups in this project. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That Clause 4 of the Finance and Administration Committee report be adopted." Carried. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That the report of Finance and Administration Committee be adopted." Voted on Clause by Clause Clauses 4 & 6 - Dealt with Under Delegations and Carried. Balance of report - Carried. Moved by Councillor T. Galloway Seconded by Councillor B. Vrbanovic "That the report of the Planning and Economic Development Committee be adopted." Carried. COUNCIL MINUTES FEBRUARY 14, 2000 - 54 - CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee be adopted." Councillor J. Haalboom commented on Clause 3 with respect to the prohibition on feeding wild birds in any park and the news article in The Record with respect to the $1000 fine. Mr. R. Wyatt noted that The Record article was only partly accurate, as staff intend to emphasize an education program in this regard. Mr. Rych Mills, a resident of the Victoria Park area, appeared as a delegation with respect to Clause 3 of the Community Services Committee report. He suggested that the newspaper gave a misleading report and referred to specific instances of people over-feeding the birds in the park. The Community Services Committee report was then voted on and Carried. Moved by Councillor J. Haalboom Seconded by Councillor T. Galloway "That the report of Heritage Kitchener be adopted." Carried. Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That the report of the Public Works and Transportation Committee be adopted." Voted on Clause by Clause Clause 2 - Dealt with Under Delegations and Carried. Balance of report - Carried. Councillor B. Vrbanovic referred to a meeting of members of the seven local area Councils at the Waterloo Recreation Complex this past weekend. He noted that members of the township Councils would like to see the option of a Rationalized Two-Tier option included in the Review of Options for Municipal Restructuring to be conducted by Deloitte & Touche LLP. He suggested that Kitchener re- insert this option into the restructuring study. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the Agreement to Review Options for Municipal Restructuring between Deloitte & Touche LLP and the Cities of Cambridge, Kitchener and Waterloo include a Rationalized Two- Tier option." Councillor T. Galloway questioned the cost implications of including an additional option in the study. Mr. J. Gazzola responded that the cost of the study is $40,000 per option. Councillor B. Vrbanovic advised that the Cities of Cambridge and Waterloo had approved $205,000 for the study which would include the costs for public consultation, as well as the Rationalized Two-Tier option. Councillor T. Galloway noted that he continues to be opposed to having this study conducted. Councillor B. Vrbanovic's motion was then voted on and Carried. Councillor B. Vrbanovic then distributed copies of a draft resolution which had been composed by Mayor Joan McKinnon of the City of Waterloo with respect to establishing a Coordinating Committee to coordinate a process, with a facilitator, to further the restructuring in Waterloo Region. A motion in this regard was put forward by Councillor B. Vrbanovic and seconded by Councillor G. Lorentz. Part of the motion required the appointment of two members of Kitchener City Council to be representatives on this Committee. It was requested that Clause 3 of the motion proposed by Councillor B. Vrbanovic, dealing with the appointment of two members of Council to the Coordinating COUNCIL MINUTES FEBRUARY 14, 2000 - 55 - CITY OF KITCHENER Committee be voted on separately. On motion, Councillors B. Vrbanovic, K. Taylor-Harrison and T. Galloway were nominated for the two positions on the Committee. A vote for these two positions took place by ballot and resulted in Councillors B. Vrbanovic and T. Galloway being appointed as Council's representatives on the Coordinating Committee. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That Kitchener City Council agree to the establishment of a Coordinating Committee to coordinate a process, with the facilitator, to further the restructuring in Waterloo Region; and, That the Coordinating Committee be composed of 2 members from each local area Council in Waterloo Region and Ken Seiling, Regional Chair, for a total of 15 members; and, That Councillors B. Vrbanovic and T. Galloway be appointed as the City of Kitchener's representatives on such Committee; and, That Michael Follett, working with the Committee, be engaged to draft Terms of Reference defining the mandate of the Coordinating Committee; and further, That such Terms of Reference, dealing with process only, be submitted to the Council of each area municipality for consideration and approval at their respective Council/Committee meetings to be held during the week of February 21, 2000, or as soon as possible." Carried. Councillor J. Haalboom invited all members of Council to attend the Heritage Showcase to take place at the Fairview Park Mall on Saturday, February 19, 2000. Councillor Jake Smola referred to a Council resolution of December 14, 1998, with respect to its concerns regarding the current operation of the Waterloo Regional Airport resulting in Iow altitude flights over the residential areas on the east side of the City of Kitchener. He quoted a clause from this resolution with respect to a request to the Waterloo Regional Health Department to comment on the health effects of the current noise exposure created by aircraft flying over residential subdivisions and its relationship to hearing loss, stress and sleep deprivation. Councillor Jake Smola requested that comments from the Health Department be obtained in time for the February 21, 2000 Planning and Economic Development Committee meeting. In reference to the issue of noise arising from airport operations, Councillor B. Vrbanovic advised that the Airport Noise Management Committee at its last meeting passed a recommendation dealing with noise monitoring equipment. The recommendation requests the Airport Advisory Committee to endorse and recommend to Waterloo Regional Council that the Region waive its purchasing policy in order to approve purchase and installation of noise monitoring equipment at the airport as soon as possible. Councillor B. Vrbanovic indicated that he was unable to attend the February 21, 2000, Planning and Economic Development Committee meeting, at which a presentation would take place on final recommendations on the Airport Master Plan. Accordingly, he asked that the PED Committee consider passing a similar motion asking the Region to waive its purchasing process relative to this matter. Councillor Jake Smola commented on a staff report received at the last Community Services Committee meeting with respect to vending machines in City facilities. He noted that there are no City guidelines and requested that the Purchasing Division examine the various circumstances under which vending machines are installed in City facilities and propose a policy in this regard. He requested that a staff report be prepared for consideration by the Community Services Committee. Councillor G. Lorentz referred to a draft report on drive-thru commercial operations and questioned Mr. B. Stanley on the date for the report. Mr. Stanley responded that staff are still working with a committee on the report which is expected to be completed in late March. Councillor G. Lorentz commented on a letter received by Mayor Zehr from the Large Urban Caucus of the Association of Municipalities of Ontario and requested that Hydro de-regulation be placed on their agenda. He asked that the Large Urban Caucus request clarification from the Ministry in this regard. Mayor C. Zehr advised that to date there had been no further communication regarding this matter FEBRUARY 14, 2000 COUNCIL MINUTES - 56 - CITY OF KITCHENER and no further Provincial decisions as to municipalities being able to utilize profits from their electrical utilities. Councillor Lorentz requested that a representative of the Police Services Board be invited to attend the next Council meeting on February 28, 2000, to provide details on how the additional police staff will be utilized. Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) 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. (b) Being a by-law to amend Chapter 270 of The City of Kitchener Municipal Code with respect to Parks. (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 25 Adelaide Street, Kitchener. (d) Being a by-law to amend By-law Number 99-187 of The Corporation of the City of Kitchener being a by-law to amend Chapter 505 of The City of Kitchener Municipal Code with respect to Adult Entertainment Parlour- Regulation. (e) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- Franc and Rosanda Gole - Edwin Street. (f) 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 John Smola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor John Smola Seconded by Councillor J. Haalboom "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 J. Ziegler Seconded by Councillor B. Vrbanovic "That the by-laws listed on the agenda for third reading, namely: (a) 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. 2000-25) (b) Being a by-law to amend Chapter 270 of The City of Kitchener Municipal Code with respect to Parks. (By-law No. 2000-26) FEBRUARY 14, 2000 COUNCIL MINUTES - 57 - CITY OF KITCHENER (c) (d) (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 25 Adelaide Street, Kitchener. (By-law No. 2000-27) Being a by-law to amend By-law Number 99-187 of The Corporation of the City of Kitchener being a by-law to amend Chapter 505 of The City of Kitchener Municipal Code with respect to Adult Entertainment Parlour- Regulation. (By-law No. 2000-28) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- Franc and Rosanda Gole - Edwin Street. To confirm all actions and proceedings of the Council. (By-law No. 2000-29) (By-law No. 2000-30) be taken as read a third time, be finally passed and numbered serially by the Clerk. On motion, the meeting adjourned. Carried. MAYOR CLERK FEBRUARY 14, 2000 COUNCIL MINUTES - 58 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - That Zone Change Application ZC99/15/E/PB (362 Edwin Street - Franc and Rosanda Gole), requesting a change in zoning from Residential Four Zone (R-4) to Residential Five Zone (R-5) on lands legally described as Lot 52, Registered Plan 660, be approved in the form shown in the attached "Proposed By-law", dated October 21, 1999, without conditions. 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. That Council receive staff report BPS 00/14 (1999 Annual Report - Delegated Approval Activity) for information; and further, That BPS 00/14 be submitted to the Regional Municipality of Waterloo in fulfillment of Clause 22.1 of the Administrative Agreement regarding Delegated Authority. COMMUNITY SERVICES COMMITTEE - That the City of Kitchener support the Canadian Synchronized Skating Championships to be held at the Kitchener Memorial Auditorium Complex from March 1 - 5, 2000; and further, That the City provide a grant of $1,000.00 to offset the costs of a skaters' welcoming reception. That Council approve a grant of $10,000.00 for K-W Tourism in support of the Cherish and Celebrate Millennium Project. That Council approve an amendment to Chapter 270, Article 3 (Prohibited Activities) of the City of Kitchener Municipal Code to include subsection (p) stating the following: In any park or natural park, no person shall engage in any of the following activities: (P) Feed any bird which is a member of the Order Anseriformes (for example, but not limited to, ducks, geese and swans) or the Order Charadriiformes (for example, but not limited to, gulls), unless authorized by the Board. That the City of Kitchener support the bid to host the 2002 Junior and Senior National Track and Field Championship. That the Mayor and Clerk be authorized to execute agreements for use of space at Rockway Centre with Marmo Travel Inc. from January 1,2000 to December 31, 2000 and with Lutherwood Community Opportunities Development Association from November 30, 1999 to December 1, 2000, subject to the agreements being satisfactory to the City Solicitor. FINANCE AND ADMINISTRATION COMMITTEE - That Council take no action to oppose the application for a liquor licence for The Highball Restaurant & Lounge, 1 Queen Street North, provided that the application for the licence requests and consents to the following condition and the same be attached to the licence: "That the licensee is required to attend meetings of the Kitchener Downtown Business Association's Entertainment Committee (or such subsequent committee or group), and the licensee be required to operate the establishment in accordance with the code of conduct adopted by that Committee". That the existing Corporate Archives Policy (I-162) be amended to incorporate the changes described in the revised policy, attached to the report of R. Kierstead, Manager of Corporate Records, dated January 21, 2000. That Council consider a by-law at its February 14, 2000 meeting authorizing the repairs to 25 Adelaide Street as set out by the Property Standards Order, at the owner's expense, if this has not been done by the owner on or before February 14, 2000. COUNCIL MINUTES FEBRUARY 14, 2000 - 59 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) That Council approve a loan of $224,000 to J. M. Drama with respect to the Registry Theatre Project (122 Frederick Street), to be funded from the Community Loans Program on the following terms: 1) The loan is interest free; 2) The principle is payable over a maximum of 5 years; 3) Any capital grants or donations received by J. M. Drama for this project will be applied directly to reduce this loan; and further, That this loan shall be subject to the City and J. M. Drama entering into an agreement(s) dealing with the loan, lease, renovations and management of the Registry Theatre, all satisfactory to the City Solicitor, with the Mayor and Clerk being authorized to execute the agreement(s). (Dealt with Under Delegations and Carried) That Council approve the revised Corporate Goals and Objectives for the period 2000-2001, as attached to the report of J. Gazzola, Chief Administrator, dated January 31, 2000. That no action be taken on the request of Michal Obiedzinski for permission to locate a hot dog cart at 385 Fairway Road South, Kitchener. (Dealt with Under Delegations and Carried) That, in consideration of the purchase of lands bounded by Strasburg Road, Blockline Road, Country Hill Drive and Cedar Hill Crescent, referred to as the "Block X" lands, Council agrees as follows: That the southwestern most parcel, legally described as Blocks 302 and 303, Registered Plan 1349, not be purchased by the City of Kitchener at any time as development is feasible without significant removal of woodland; and, That no action be taken on the purchase of the remainder of the lands until further study is completed through the Kitchener Natural Heritage Strategy; and further, That the private woodland contiguous with the publicly owner Strasburg Woods Park be a priority for study as part of the Kitchener Natural Heritage Strategy in order that its ecological significance in priority for acquisition can be established. HERITAGE KITCHENER- That pursuant to Section 33 of the Ontario Heritage Act, Council approved the request of the owner to alter the Forge Barn at the designated property municipally known as 811 Bleams Road (Steckle Heritage Homestead) in accordance with the drawings prepared by John Clinckett, Architect, considered by Heritage Kitchener on February 4, 2000. That pursuant to Section 33 of the Ontario Heritage Act, Council approved the request of the owner to alter the Queen Street entrance of the designated property municipally known as 1 King Street West (Walper Hotel) in accordance with the elevation drawing prepared by John Clinckett, Architect, Project 9941, dated 00.01.31. That Council approve, in principle, the adaptive re-use of City owned artifacts from the 1924 City Hall in accordance with the request of the owners of the Walper Hotel, 1 King Street West, to locate same in their renovated, ground floor, Queen Street lobby, as shown in the drawing prepared by John Clinkett, Architect, dated 00/01/02; and, COUNCIL MINUTES FEBRUARY 14, 2000 - 60 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER - (CONT'D) 3. (Cont'd) That Legal staff be directed to prepare a draft agreement for use of these artifacts which should include such conditions as: maintaining the integrity of the artifacts, ownership, future disposition, appropriate recognition, and any other conditions required by the City Solicitor; and, That, when preparing the draft agreement, staff consult with Regional Curitorial staff for advice respecting terms of this agreement; and further, That the draft agreement be submitted to Heritage Kitchener for consideration and a recommendation to City Council. That pursuant to Section 43 of the Ontario Heritage Act, Council approve the request of the owner to alter the Women's Comfort Station in Victoria Park, located in the Victoria Park Area Heritage Conservation District, to remove the terrazzo floor and install new flooring; and further, That precautions be taken to protect all other features in the building, including the terrazzo floor in the gallery and all windows in the building. That pursuant to Section 43 of the Ontario Heritage Act, Council approved the request of the owner to alter the designated property municipally known as 124 Water Street South, located in the Victoria Park Area Heritage Conservation District, by constructing a rear and side addition, shown as Plan "B" on the drawings considered by Heritage Kitchener on February 4, 2000, with the materials to be those shown on the drawings dated November 7, 1999; and further, That the City's Arborist be requested to provide recommendations with respect to the new driveway location. That pursuant to Section 34 of the Ontario Heritage Act, Council refuse the request of the owner to demolish the designated property known as 31 Young Street (John Forsyth Property). That, further to the request of the Township of Woolwich, the City of Kitchener release the name "James Wilson" from the Regional Reserve List. PUBLIC WORKS & TRANSPORTATION COMMITTEE - That the Ministry of Transportation of Ontario and its contractor(s) be exempt from the provisions of Chapter 450 (Noise) of The City of Kitchener Municipal Code, Article 6 (Construction Work), during the widening and reconstruction of Highway 401 between Regional Road 8 (King Street East) and Homer Watson Boulevard and all related work during the period from May 1, 2000 to December 31, 2001. 2. That the roadway known as Raylene Drive not be closed; and, That a permanent concrete barrier fence be erected from the corner of the property at 115 Hearth Crescent to the corner of the property at 60 Westmount Road West, at an estimated cost of $31,000.00 to be taken from the Capital Contingency Fund; and further, That the City dispose of the remnant parcels of land remaining from the closure of Filsinger Road in this area to abutting owners. (Dealt with Under Delegations and Carried) COUNCIL MINUTES FEBRUARY 14, 2000 - 61 - 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 - Princess Margaret Hospital Foundation It was resolved: "That the City of Kitchener has no objection to The Princess Margaret Hospital Foundation, 610 University Ave., Toronto, Ontario, M5G 2M9, being granted permission to sell tickets in the City of Kitchener for draws from May 3, 2000 to May 31, 2000." ii) Place of Refreshment/Permanent Vendor - Unit #3, 11 Westwood Drive It was resolved: "That 2000 Place of Refreshment and Permanent Vendor licences be granted to Nguyen Thi Thanh relative to the premises at 11 Westwood Drive, Unit #3, Kitchener (Mario's 2 for 1 Pizza)." 2. Various Tenders The tenders were dealt with under Delegations. 3. A.qreements - Waterloo Reqional Education Community Network Project (WRECN) A memorandum dated February 14, 2000, from L. MacDonald, Assistant City Solicitor, was distributed this date asking for consideration of two further recommendations pertaining to the WRECN Project, in addition to the two recommendations listed on the agenda. It was resolved: "That the Mayor and Clerk be authorized to execute the Joint Venture Agreement with the Waterloo Region District School Board, Waterloo Catholic District School Board, The Corporation of the City of Waterloo, The Corporation of the City of Cambridge, Cambridge Public Library Board, Waterloo Public Library Board, Regional Municipality of Waterloo and Conestoga College of Applied Arts and Technology, satisfactory to the City Solicitor, pertaining to the Waterloo Regional Education Community Network Project for the establishment of a high volume, high speed telecommunication network in the Regional Municipality of Waterloo." - and - "That the Mayor and Clerk be authorized to execute the Fibre Optic Cable Facilities Lease Agreement pertaining to the Waterloo Regional Education Community Network Project, satisfactory to the City Solicitor, with the Hydro-Electric Commission of Waterloo, Wellesley and Woolwich, the Hydro-Electric Commission of Kitchener-Wilmot, and the Hydro-Electric Commission of Cambridge and North Dumfries for the lease of certain fibre optic cable facilities." - and - FEBRUARY 14, 2000 COUNCIL MINUTES - 62 - CITY OF KITCHENER B= COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) = A,qreements - Waterloo Reqional Education Community Network Project (WRECN) - (Cont'd) "That the Mayor and Clerk be authorized to execute the Master Equipment Lease Agreement No. 845, the subsequent Equipment Schedule(s) and the Certificate(s) of Acceptance pertaining to the Waterloo Regional Education Community Network Project, satisfactory to the City Solicitor, with MFP Financial Services Ltd. to authorize the lease of the prescribed equipment relating to sites owned or contracted by The Corporation of the City of Kitchener." - and - "That the Mayor and Clerk be authorized to execute the Hardware Supply & Installation Agreement pertaining to the Waterloo Regional Education Community Network Project, satisfactory to the City Solicitor, with the Hydro-Electric Commission of Waterloo, Wellesley and Woolwich, the Hydro-Electric Commission of Kitchener-Wilmot, the Hydro Electric Commission of Cambridge and North Dumfries and MFP Financial Services Ltd. establishing the terms for the supply of the hardware for the project." 4. Municipal Infrastructure Fundinq Pro,qram It was noted in the agenda that Mayor C. Zehr has asked for Council's consideration of a resolution from the Federation of Canadian Municipalities with respect to a Municipal Infrastructure Funding Program proposed by the Federal Government. Councillor J. Haalboom spoke in opposition to the infrastructure program suggesting that the money would be better spent on health care and reducing the deficit. Several members of Council spoke in favour of the infrastructure program noting that the previous program accelerated work on municipal infrastructure and provided employment. Councillor Haalboom requested a recorded vote. It was resolved: "WHEREAS the federal government is on the verge of including in the 2000 budget a new program worth up to $7.5 billion with which to separately address the municipal infrastructure deficit, and the well documented needs of Canada's environmental infrastructure, transportation infrastructure and affordable housing; WHEREAS the introduction of such initiatives by the federal government would demonstrate ongoing leadership and recognition of the fact that a well maintained infrastructure platforms the capacity for our economy to be globally competitive; WHEREAS a buoyant economy will provide the federal and provincial governments with the revenues necessary to sustain our social programs; THEREFORE BE IT RESOLVED that the City of Kitchener recommends the federal government initiate a new, long-term infrastructure program, in partnership with the provinces and municipalities, to fund new infrastructure. AND FURTHER, that a copy of this resolution be forwarded to Ontario Premier Michael Harris and the Federation of Canadian Municipalities." In Favour: Mayor C. Zehr and Councillors John Smola, T. Galloway, B. Vrbanovic, G. Lorentz, J. Ziegler and Jake Smola. Contra: Councillor J. Haalboom COUNCIL MINUTES FEBRUARY 14, 2000 - 63 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) Amendment to Council's Resolution - Truscan Property Corporation - Construction of Groundwater Monitorinq Wells on City Property A memorandum dated February 14, 2000, from L. MacDonald, Assistant City Solicitor, was distributed this date. It was resolved: "That the resolution adopted by Council on January 31, 2000 authorizing the Mayor and Clerk to execute an agreement with the owner(s) of 305 King Street West permitting the construction of groundwater monitoring wells on City property be amended by adding the words 'the sidewalk on the east side of Water Street' after the word 'namely'." 6. Applications for Cancellation, Refund, Reduction or Levy of Taxes A letter dated February 9, 2000, from R.W. Pritchard, General Manager of Corporate Services & City Clerk, attached to which was a summary of tax adjustment applications, was distributed with the agenda. It was resolved: "That the applications attached hereto and forming part of these minutes relative to cancellation, reduction, refund or levy of taxes be disposed of as recommended therein." 7. Licences Memoranda dated February 11 and 14, 2000, from J. Koppeser, Manager of Licensing, recommending a Massagist Licence and Refreshment Stand Licence and Fireworks, were distributed this date. i) Massagist Licence - Unit #4, 808 Courtland Avenue East It was resolved: "That Jennifer Cafik, employed at Unit #4, 808 Courtland Avenue East, Kitchener, be granted a 2000 Massagist Licence." ii) Refreshment Stand Licence & Fireworks - Forest Heights Community Association It was resolved: "That the Forest Heights Community Association, 1700 Queen's Boulevard, Kitchener, Ontario, be granted permission to operate a refreshment stand at Westheights Park, Kitchener, on May 22, 2000, provided that the necessary Licence and Health approvals are obtained; and further, That the necessary permit is obtained from the Fire Prevention Office to allow for a Fireworks Display."