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HomeMy WebLinkAboutCouncil Minutes - 1997-02-17COUNCIL\1997-02-17 FEBRUARY 17, 1997 COUNCIL MINUTES CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillor B. Vrbanovic. The meeting began with the playing of "O Canada" by the Forest Heights Collegiate Institute Brass Ensemble under the direction Mr. Bryon Hagedorn. Councillor G. Lorentz thanked the nine member ensemble and their leader for their rendition of the National Anthem. On motion by Councillor John Smola, the minutes of the regular meeting held February 3, 1997, and the special meetings held February 3, 10 and 13, 1997, as mailed to the members, were accepted. COMMUNICATIONS REFERRED TO COMMITTEE OF THE WHOLE - (1) Letter dated February 12, 1997 from R.W. Pritchard, Commissioner of General Services & City Clerk, respecting applications for cancellation, refund, reduction or levy of taxes - February 17, 1997 Hearing. Mayor R. Christy and Councillor G. Lorentz presented certificates of recognition to a number of individuals, most of whom were in attendance. In this regard, the following individuals who were members of the Ontario Under 17 Hockey Team, World Champions at Red Deer, Alberta on January 5, 1997, received their certificate: Ted Ahara, Brian Hayton, Ryan Milanovic and Allan Rourke. Also, the following members of Team Canada which won the World Junior Hockey Championships at Geneva, Switzerland on January 4, 1997, received certificates: Dan Lebold and Boyd Devereaux. Mayor R. Christy thanked all of the Team members for their personal contribution as ambassadors for the City of Kitchener. Mayor R. Christy then called on Mr. Dave Mota, Canada Trust, who was in attendance to present a cheque on behalf of the Kitchener Downtown Business Association towards the Clock Tower. Mr. Mota made a number of comments about what the old City Hall Clock Tower meant to the community and pointed out that its erection in Victoria Park has already become an icon. He then presented a cheque in the amount of $1,500.00 towards the Clock Tower fund and Mayor R. Christy asked that he convey the City's appreciation to the K.D.B.A. In response to a question from Councillor K. Redman, Mr. T. Clancy advised that approximately $160,000.00 is still owing in connection with the erection of the Clock Tower in Victoria Park. Ms. Corry den Duyf, Chair, Mayor's Advisory Council for Kitchener Seniors, appeared as a delegation for the purpose of making Councillors aware of the goals and objectives of the organization. She pointed out that it was established in January 1987 and that Mayor R. Christy and Councillor M. Wagner were members of the Committee and noted that its purpose was to enhance the life of seniors. She also itemized the membership of the Committee, issues of concern to it and also pointed out that over the years the mandate has expanded. Presently, there were some 4,000 members, many of whom are volunteers who contributed 108,300 hours of volunteer service last year which is the equivalent of 59 full time staff. Councillor M. Wagner advised that a delegation of students was in attendance to make a presentation in support of the by-law designating Margaret Avenue Public School as being of historical and architectural value. He introduced the delegation and pointed out the significance of the presentation in view of the date being Heritage Day. He expressed appreciation to the Waterloo County Board of Education Trustees and staff who have assisted in this matter. Mr. Leon Bensason, Heritage Planner, appeared before the Committee and pointed out that 1995 was the 100th Anniversary of the Margaret Avenue Public School. He called on former students of the School to comment on the designation as a slide presentation was being shown. Architectural aspects of the School from its very beginning through several expansions were shown and the students commented on issues between 1894 and 1995 relating to the growth at the school. The features of the school that were to be designated were illustrated and on behalf of all involved an invitation was issued to attend a plaque unveiling to take place on Friday, April 4, 1997. Mr. Bill Boettger, appeared as a delegation representing the Heritage Greens Lawn Bowling Club to support Clause #4 of the report of the Community Services Committee of this date. He expressed appreciation to Councillors Jake Smola and B. Vrbanovic and several Parks and Recreation staff for their FEBRUARY 17, 1997 COUNCIL MINUTES CITY OF KITCI:IENER efforts in regards to this matter. He indicated that the greens were expected to be in operation by mid- May and official opening was to take place on June 29th at 1:00 p.m. Councillor Jake Smola expressed appreciation to Mr. Boettger and members of the Club executive and it was pointed out that Canadian Championships would be held at this site in late August. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That Clause #4 of the report of the Community Services Committee of this date be adopted. Carried. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation to answer any questions regarding the tenders listed on the Committee of the Whole agenda of this date. Councillor T. Galloway raised a concern with regard to Tender T97-12 - Metal Halide Lighting System in the Dom Cardillo Arena. He commented that the tender was clearly the lowest bid but noted that delivery and installation must take place in sufficient time so as to allow for the system to be operational for the World Women's Junior Hockey Championships which start March 31, 1997. Firstly, he stressed that the system should be fully complete a number of days before the tournament begins and expressed concern that, if it was not in place, it would be necessary to rent an adequate lighting system and that costs for such should be assumed by the contractor. Secondly, that in regards to the award of the tender, he pointed out that operating costs of the system offered by the second Iow bidder were less than the Iow bid and suggested that there may be annual savings of $2,500.00 if the system of the second Iow bidder was utilized. Mr. L. Gordon advised that the March 14th delivery date has been guaranteed and that he has asked for guarantee from the supplier of no cost for any supplemental lighting system if the tendered system was not in place in time for the Hockey Championships. On the matter of operating costs, he indicated that some assumptions had been made in regards to the tender and that the full lighting system would be used approximately 200 hours per year. A lengthy discussion of the question of annual operating costs took place and the merits of including such data as part of the tender consideration. Councillor T. Galloway stated that he was very concerned with this issue as well as the City's reputation should the new lighting system not be in place for the Worlds Women Hockey Championships. Mr. Gordon stated that if staff were asked to determine the lowest ultimate cost, it would be necessary to go through the bids and evaluate operational issues. Moved by Councillor T. Galloway Seconded by Councillor Jake Smola "That Tender T97-12, Metal Halide Lighting System - Dom Cardillo Arena, be awarded to Torbram Electric, Kitchener, at their tendered price of $47,500.00." Council then discussed Councillor Galloway's motion as it relates to the integrity of the City's tender process and the need for there to be valid grounds to reject a tender. Mr. J. Shivas recommended Council act in accordance with the specifications called for in the tender document. Councillor J. Ziegler recommended that, in future, operational costs should be part of tender specification and stated that, in this case, he would support the staff recommendation to award the tender to the lowest bidder -Guillevin International, Kitchener, provided the City's delivery date was guaranteed to be met. During discussion reference was made to the fact that the specifications had required February delivery and that a site meeting had taken place with bidders who agreed to delivery in time for the required work. A representative of Guillevin International appeared as a delegation to point out that his firm had the Iow bid and confirmed that the delivery date would be adhered to. On the issue of the tender requirements and delivery date, Mr. J. Shivas advised that the specification for change came about at a pre-bid meeting and not when the bids were received. Councillor Galloway's motion to award Tender T97-12 to Torbram Electric was put to a vote and Lost. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner COUNCIL MINUTES FEBRUARY 17, 1997 - 46- CITY OF KITCI:IENER "That tender T97-12, Metal Halide Lighting System - Dom Cardillo Arena, be awarded to Guillevin International, Kitchener at their tendered price of $40,088., plus P.S.T. and G.S.T, subject to the provision of delivery guarantee by March 14, 1997, and the assumption by Guillevin International of responsibility for installation and all costs to provide alternative lighting acceptable to the City should the new system not be in place and operational in advance of the opening of the Women's World Junior Hockey Championship." Carried. Moved by Councillor J. Ziegler Seconded by Councillor John Smola "That the Manager of Purchasing be directed to develop a policy requiring consideration of operational costs as much as possible as part of the City's tender process involving products that consume energy." Carried. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner "That Expression of Interest E97-17, Consultant Services - Chapel Street Reconstruction (Lancaster Street to East Avenue), be awarded to Proctor & Redfern Limited, Kitchener, at an upset fee of $94,400., plus G.S.T." -and- "That tender T97-14, Blockline Sportsfield Lighting, be awarded to Kearsley Electric Limited, Kitchener at their tendered price of $129,950. plus G.S.T." Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee of Council of this date be adopted." Councillor C. Weylie made reference to the successful processing of Pioneer Tower West planning applications at the Ontario Municipal Board and took the opportunity to publicly thank Ms. Janice Given for her efforts in bringing about a successful conclusion of these matters. Councillor T. Galloway echoed Councillor Weylie's remarks pointing out that there were no issues to adjudicate and that the results of the process were a credit to all participants. On motion by Councillor C. Weylie, seconded by Councillor M. Yantzi, it was agreed to withdraw Clause #1 of the report as a signed offer was not received by the City. The report was then put to a vote. Voted on Clause by Clause. Clause#1- recommendation withdrawn as a signed offer was not received by the City. Balance of Report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee of this date be adopted." COUNCIL MINUTES FEBRUARY 17, 1997 - 47- CITY OF KITCI:IENER Councillor K. Redman complemented staff on its handling and the outcome of Clause #3 of the report dealing with guidelines for public skating in municipal arenas. Councillor M. Wagner referred to Clause #6 of the report and questioned what the appeal period was for any groups wishing to appeal their grant allocations. Following some discussion and on motion by Councillor G. Lorentz, seconded by Councillor T. Galloway, it was agreed that Clause #6 be amended to establish March 17th as the date on which the Community Services Committee would hear any appeals. Councillor M. Wagner commented that he would like to see a small fund established to assist groups that need help in education in respect to the fundamentals of fundraising. Councillor G. Lorentz suggested that organizations should be outlining what assistance they require and Councillor T. Galloway advised that the Community Development Division has sponsored fundraising workshops and that the Volunteer Action Centre provides fundraising information which community organizations could avail themselves of. The report was then put to a vote. Voted on Clause by Clause. Clause #4 - dealt with under delegations and Carried. Clause #6- Carried, As Amended. Balance of Report - Carried. Moved by Councillor T. Galloway Seconded by Councillor Jake Smola "That the report of the Environmental Committee of this date be adopted." Councillor G. Lorentz stated that he was in total agreement with the recommendation in Clause #2 which, if implemented, would serve to address the many complaints he has received with regard to branch cutting by staff contracted by the Hydro Commission to cut and clear tree branches from hydro lines. He recommended that the resolution be amended to circulate it to municipalities of over 50,000 population, as well as to the Association of Municipalities of Ontario. Councillor M. Yantzi suggested that before any action was taken that discussion first take place with Hydro Commission officials, and following the outcome of that discussion, an appropriate resolution could be circulated to other municipalities. Councillor J. Ziegler strongly supported the resolution as a timely initiative that would ultimately save taxpayer money. In response to Councillor T. Galloway, Mr. T. Clancy advised that the proposal has been discussed with the Hydro Commission and that the General Manager of the Commission does not agree with the recommendation. Mr. Clancy stated that he was familiar with operations in other municipalities where the Hydro Commissions pay a set fee for line clearing work. He did point out that the recommendation should include some reference to the fact that training for line clearing was governed by Provincial regulation. On motion by Councillor G. Lorentz, seconded by Councillor T. Galloway, it was agreed to amend Clause #2 to make reference to Provincially required training in line clearing and provide for circulation of the resolution to municipalities with population of more than 50,000. The report was then put to a vote. Voted on Clause by Clause. Clause #2 - Carried, As Amended. Balance of Report - Carried. Moved by Councillor J. Ziegler Seconded by Councillor Jake Smola "That the report of the Finance and Administration Committee of this date be adopted." COUNCIL MINUTES FEBRUARY 17, 1997 - 48- CITY OF KITCI:IENER A motion by Councillor J. Ziegler, seconded by Councillor Jake Smola, was agreed to that would amend Clause #9 so as to require that the information be available after the March 3rd budget, in conjunction with the report of the Interim Chief Administrative Officer on the PDQ salary increases. A motion by Councillor J. Ziegler, seconded by Councillor Jake Smola, to amend Clause #12 of the report so as to refer to the possibility of full roll backs, partial roll backs or no roll backs and seek outside legal advice on this issue, was agreed to. In reference to Clause #1 of the report, Councillor T. Galloway pointed out that there had been some confusion at the meeting as to whether the undertaking was a land sale or an easement. Mr. J. Shivas advised that the intent was to provide only an easement in respect to the noted parcel of land. Councillor M. Wagner referred to Clause #7 of the report and the matter of the cost of staff time in working on the election. He stated that he understood that the billing to other jurisdictions of their portion of election expenses would not be sent out until after the staff costs have been tallied. Councillor M. Wagner pointed out that clause #5 concerning the downloading of costs by the Province on to municipalities represented an opportunity for the municipality to be more pro-active in tracking the effects of these financial costs on municipalities. He indicated that he wished to make further remarks on this matter under new business. Councillor T. Galloway stated that he was opposed to Clause #6 of the report on the basis that the municipality itself was trying to download election costs onto other jurisdictions. Councillor J. Ziegler fully supported the Committee recommendation and noted that some costs could go up, particularly to accommodate questions being placed on the ballot by various jurisdictions. He suggested that allocation of proportionate costs would assist in promoting responsible actions on the part of these other jurisdictions where election issues are concerned. The report was then put to a vote. Voted on Clause by Clause. Clause#6- Carried. Clauses #9 & #12 - Carried, As Amended. Balance of Report - Carried. Moved by Councillor John Smola Seconded by Councillor M. Wagner "That the report of the Public Works and Transportation Committee of this date be adopted." In reference to Clause #5, Council was advised that the Committee has already met and discussed ideas on transit services involving ways of increasing revenue and reducing expenditures. Councillor John Smola thanked unionized and management staff, members of transit user groups, and Councillors Jake Smola and G. Lorentz for their participation in this workshop. The report was then put to a vote and Carried. Mayor R. Christy thanked Councillor Jake Smola for his efforts regarding the Citizenship Court held this date in City Hall and the visit by the Lieutenant Governor of Ontario in this regard. Mayor Christy advised that during her visit, Hillary Weston, Lieutenant Governor, met with 10 representatives of community groups that deal with youth, women's issues and volunteerism. Councillor Jake Smola advised that, with regard to the Citizenship events this week, staff would be putting together a package to commemorate this event which represented the 50th year of the Canadian Citizenship Act, and that the material would be deposited at the Kitchener Public Library for permanent retention. He then took the opportunity to thank Judge Robert Somerville, the two School Boards, Kitchener Councillors, groups and staff of the Mayor's Office who had participated in ensuring that the Citizenship Court held this date was a successful community event. Councillor T. Galloway commented that he had participated in two Citizenship Courts this date and pointed out that school children had also FEBRUARY 17, 1997 COUNCIL MINUTES - 49- CITY OF KITCI:IENER had an opportunity to participate and gain a fuller meaning of Canadian citizenship as a result of the event. Councillor G. Lorentz advised that he wished to comment on the matter of ambulance service which was discussed at the last Community Services Committee meeting and had been raised at Regional Council. He stated that there was some misconception regarding the willingness to explore all options and that he strongly disagreed with comments attributed to the Regional Chair and those contained in the local newspaper. Councillor Lorentz stated that he had suggested that the process be started now, which would at least provide an opportunity to understand where the professionals stand on this issue and which could then be evaluated in consideration of other factors over which there was no control. Councillors K. Redman and T. Galloway were of the view that the motion that had been put forward by Councillor Lorentz was premature and was somewhat parochial. Councillor G. Lorentz stated that he supported review of all possible options and Mayor R. Christy commented that he had voted for review at this stage on the basis that it was one part of the puzzle that must be addressed. Councillor John Smola stated that he saw the issue as an ongoing process where it was necessary to begin obtaining some information to place on the table for consideration. Councillor Jake Smola also encouraged the consideration of all options but noted he would like to see the service operate in a similar professional manner to that existing at present. Mayor R. Christy advised that he, J. Gazzola and Ms. V. Gibaut had met with other local Mayors, Chief Administrative Officers and Economic Development Officers to discuss a proposal for restructuring of Canada's Technology Triangle initiative. He advised that Mr. David Creech, CAO of the City of Guelph had been chosen Chair to guide the C.T.T. restructuring. He noted that two delegations had tabled working documents at the meeting and he would undertake to keep Council informed of activities in this regard. Councillor C. Weylie requested that a copy of the document submitted by the Chambers of Commerce dealing with C.T.T. restructuring be provided to members of City Council. Councillor K. Redman made reference to the Pit Bull legislation and by-law which was now in force in the City of Kitchener and pointed out that next year the Humane Society would distribute leashing information. Since this meeting was being televised, she took the opportunity to point out that the running at large of any dogs was prohibited and request that all dog owners act responsibly in the care, maintenance and control of their pets. Councillor M. Wagner, in reference to comments made earlier regarding the taking of a pro-active approach where issues of downloading the costs of service from the Provincial Government to Municipal Government were mentioned, advised that he and Councillor Jake Smola attended a meeting in Hamilton on Sunday, February 16th which was attended by various municipal politicians. In this regard, he distributed a copy of a media release itemizing some of the points agreed to at the meeting. He stated that these points represent agendas rather than details but do deal with serious flaws in the process initiated by the Province and point to the fact that the Crombie Panel was not listened to by the Provincial Government. He commented that it was clear that the Provincial Government needs the municipalities to carry out changes in the Provincial/Municipal relationship and there was consensus that municipalities were prepared to participate provided they were listened to. It was agreed that there was a need for the various municipalities to speak strongly and as one voice to the Province, and that there was a necessity for municipalities to convey to their residents what was going on and educate the public on the effects and outcomes of the proposed changes. Councillor M. Wagner then itemized the four points agreed upon at the February 16th meeting and pointed out that they were agreed to unanimously by the representatives of all municipalities present at the meeting. At this point, Councillor M. Wagner indicated he would move a motion, seconded by Councillor Jake Smola, to endorse the four points agreed to at the February 16th meeting of municipal leaders from urban, rural and northern sectors. Mayor R. Christy suggested that the recommendations be referred to the Management Committee for consideration and comment to the Finance and Administration Committee. Councillor M. Wagner stressed that there was a sense of urgency to deal with these matters and questioned the effect of taking additional time to engage in discussion. Mayor Christy advised that he would like to obtain information on the impact of these recommendations. Councillor Jake Smola clarified that it was their intent to circulate the recommendations to local members of the Provincial Legislature and to cities over 50,000 in population. Councillor G. Lorentz stated that he had concern with regard to the fact that there was no detail FEBRUARY 17, 1997 COUNCIL MINUTES CITY OF KITCI:IENER documented as to exactly what the municipalities were attempting to oppose and that only a small number of municipalities had participated in the Hamilton meeting. He recommended that a more appropriate course would be to wait for the Association of Municipalities of Ontario to formulate an opinion and get involved, and suggested that no action be taken until the Province provides more detailed information on its downloading initiatives. Councillor M. Wagner commented that Mr. Terry Mundell drafted the points agreed to at the meeting on behalf of A.M.O. and stressed that timing was crucial, and that these recommendations really represent requests that the Province provide details of its downloading. Councillor M. Yantzi commented that the outcome of the February 16th meeting appears to be a matter of laying out parameters that address municipal concerns such as the view that downloading of social assistance was absolutely wrong. Mayor R. Christy indicated that he could accept passing of a motion regarding the points arising from the February 16th meeting on the basis that the intent be to obtain staff comment to the Finance and Administration Committee which, through Council, might then re-approach A.M.O. on the matter. Following further discussion, it was agreed that additional details are needed in respect to such issues as financial matters involving the bond rating agencies and their impact on municipalities, and deviation from the Crombie Panel recommendations. Councillors M. Wagner and Jake Smola agreed that with passing, the points in the media release be referred to staff who are requested to develop additional information for discussion and consideration by the Finance and Administration Committee. Moved by Councillor M. Wagner Seconded by Councillor Jake Smola "That we endorse the following points agreed to at a meeting of municipal leaders in the City of Hamilton on Sunday, February 16, 1997: The Province has a more viable alternative to achieving both its fiscal imperative and objective of disentangling responsibility - revisiting the recommendation of it's own Who Does What (Crombie) Panel recommendations. The municipal sector is prepared to meet and negotiate with the Province, but must insist that negotiations be without pre-conditions - both basic principles and implementation details must be on the table. 3. Present proposals are unacceptable and unsustainable for the entire municipal sector - urban, rural and northern municipalities. We collectively feel a sense of urgency to bring closure to this issue. The present uncertainty and instability is harmful to our citizens, businesses and municipal employees. It is making it difficult to get on with the many other important responsibilities and changes that are at hand and it is adversely affecting the opinions of major bond-rating agencies. And further, that these points be referred to Management Committee for discussion and provision of additional information to the Finance and Administration Committee for its consideration and further recommendation to City Council." Carried Unanimously. Councillor J. Ziegler referred to a memorandum dated February 14, 1997, from Ms. L. MacDonald distributed this date, dealing with a request for an extension agreement pursuant to the Municipal Tax Sales Act respecting the property known municipally as 301 Spadina Road East. A timing deadline was mentioned in the report, and in this regard it is necessary for Council to consider this issue by by-law. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That a by-law be presented to Council for enactment at its meeting of February 17, 1997, said by- law being a by-law to authorize an extension agreement with Joan Feick, Ronald Feick, Jennifer Feick, the owners of 301 Spadina Road East, in accordance with the Municipal Tax Sales Act, permitting a further three month period of time in which the cancellation price may be paid with respect to the tax arrears certificate registered on February 22, 1996, on the title to the lands known municipally as 301 Spadina Road East." Carried. FEBRUARY 17, 1997 COUNCIL MINUTES CITY OF KITCI:IENER Prior to consideration of the by-laws, Mr. L. Parkhouse, Deputy City Clerk, clarified that the by-laws to be considered would also include an additional by-law dealing with 301 Spadina Road East resulting from the previous resolution. 6. Moved by Councillor Jake Smola Seconded by Councillor J. Ziegler "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to exempt certain farm lands from taxation for certain expenditures of the municipality (b) Being a by-law to amend Chapter 680 of the City of Kitchener Municipal Code regarding signs (c) Being a by-law to designate part of the property municipally known as 128 Margaret Avenue in the City of Kitchener as being of historical and architectural value (d) Being a by-law to amend By-law No. 85-1, known as the Zoning By-law - No. 97/01/TC/JW (e) Being a by-law to amend By-law No. 85-1, as amended, known as the Zoning By-law for the City of Kitchener - City of Kitchener - North Ward Down-Zoning - No. 961431MCIJW (f) Being a by-law to amend By-law 85-1 known as the Zoning By-law - Activa Development Corporation - Bush Clover Crescent - No. 96/37/B/LM (g) Being a by-law to adopt Amendment No.9 to the Municipal Plan - Kitchener Municipal Plan/Regional Official Polices Plan Conformity Report - No. 96/10/MP/BN (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- No. 96/38/TC/BN (i) Being a by-law to provide for the establishing and laying out of part of Apple Tree Drive as a public highway in the City of Kitchener (j) To confirm all actions and proceedings of the Council (k) Being a by-law to amend By-law 97-25 of the City of Kitchener being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs Being a by-law to authorize an extension agreement with Joan Feick, Ronald Feick, Jennifer Feick, the owners of 301 Spadina Avenue East, in accordance with the Municipal Tax Sales Act, permitting a further three month period of time in which the cancellation price may be paid with respect to the tax arrears certificate registered on the title to the lands known municipally as 301 Spadina Road East, Kitchener on February 22, 1996 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 R. Christy appointed Councillor John Smola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. Moved by Councillor John Smola Seconded by Councillor G. Lorentz "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." FEBRUARY 17, 1997 COUNCIL MINUTES CITY OF KITCI:IENER Carried. Moved by Councillor Jake Smola Seconded by Councillor J. Ziegler "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to exempt certain farm lands from taxation for certain expenditures of the municipality (By-law 97-27) (b) Being a by-law to amend Chapter 680 of the City of Kitchener Municipal Code regarding signs (By-law No. 97-28) (c) Being a by-law to designate part of the property municipally known as 128 Margaret Avenue in the City of Kitchener as being of historical and architectural value (By-law No. 97-29) (d) Being a by-law to amend By-law No. 85-1, known as the Zoning By-law - No. 97/01/TC/JW (By-law No. 97-30) (e) Being a by-law to amend By-law No. 85-1, as amended, known as the Zoning By-law for the City of Kitchener - City of Kitchener - North Ward Down-Zoning - No. 96/43/MC/JW (By-law No. 97-31) (f) Being a by-law to amend By-law 85-1 known as the Zoning By-law - Activa Development Corporation - Bush Clover Crescent - No. 96/37/B/LM (By-law No. 97-32) (g) Being a by-law to adopt Amendment No.9 to the Municipal Plan - Kitchener Municipal Plan/Regional Official Polices Plan Conformity Report - No. 96/10/MP/BN (By-law No. 97-33) (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- No. 96/38/TC/BN (By-law No. 97-34) (i) Being a by-law to provide for the establishing and laying out of part of Apple Tree Drive as a public highway in the City of Kitchener (By-law No. 97-35) (J) To confirm all actions and proceedings of the Council (By-law No. 97-36) (k) Being a by-law to amend By-law 97-25 of the City of Kitchener being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs (By-law No. 97-37) Being a by-law to authorize an extension agreement with Joan Feick, Ronald Feick, Jennifer Feick, the owners of 301 Spadina Avenue East, in accordance with the Municipal Tax Sales Act, permitting a further three month period of time in which the cancellation price may be paid with respect to the tax arrears certificate registered on the title to the FEBRUARY 17, 1997 COUNCIL MINUTES CITY OF KITCI:IENER lands known municipally as 301 Spadina Road East, Kitchener on February 22, 1996 (By-law No. 97-38) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned. MAYOR CLERK PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - That the City accept, and the Mayor and Clerk execute an Offer to Purchase submitted by Drago Stiplosek with respect to land in Phase II of the Huron Business Park and being composed of Part 14 on Reference Plan 58R-5840 being site 119 and consisting of approximately 1.99 acres at a total purchase price of approximately $150,000 based on a purchase price of $75,000/acre; and further, That the Mayor and Clerk be authorized to execute any other documentation required by the City Solicitor. (Recommendation withdrawn as a signed offer was not received by the City) That the following updated Terms of Reference for the "Business and Industry Advisory Committee" be approved: COMPOSITION: 1 Minimum of 1 Member of City Council 1 Member of Chamber of Commerce of Kitchener-Waterloo (who resides or business in Kitchener) 1 Member of the Kitchener Downtown Business Association 1 Representative from University of Waterloo 1 Representative from Wilfrid Laurier University 1 Representative from Conestoga College 6 Members of business community at large 1 Representative from the Waterloo Region Labour Council (from manufacturing 1 Kitchener-Waterloo Area Visitor and Convention Bureau operates a sector) Additional members to be added if required and upon recommendation of the Committee. Council member to be appointed annually Other members to be appointed annually Any member may resign from the Committee at any time upon sending written notice to that effect to the Chairman and may or may not be replaced prior to expiration of their respective term. A member ceases to be a member of the Committee when he or she: (a) fails to attend three (3) consecutive meetings of the Committee, unless excused by resolution of the Committee; or (b) is hired in any capacity by the City; or (c) is a member of Council and ceases to be a member of Council for any cause. REPORTING PROCEDURE: 1. The Committee shall report semi-annually on the activities of the Committee to Planning and Economic Development Committee (PED). Minutes of meetings will be circulated to City Council and Management Committee. Recommendations, if any, will be forwarded through the Planning and Economic Development Committee. MEETINGS: At the first meeting of the Committee in January of each year, the members shall nominate a chairperson for appointment by Council. The members shall elect a vice-chairperson, who shall act in the absence of the chairperson. The chairperson shall not be a member of Council. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 2. Cont'd 2. The Committee will meet monthly at a time and place to be determined by the chairperson. FEBRUARY 17, 1997 COUNCIL MINUTES CITY OF KITCI:IENER COUNCIL MINUTES FEBRUARY 17, 1997 - 55- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL GOALS OF THE COMMITTEE: 1. To advise Economic Development staff on issues which are consistent with the intent of the Economic Development Strategic Plan. 2. To act as a resource, available to assist Economic Development Staff in hosting incoming missions. POWERS AND DUTIES: 1. To provide unsolicited input and advice on business and economic development issues to the Planning and Economic Development Committee. 2. To hear and consider representations by individuals and/or organizations on matters affecting economic development within the City of Kitchener. At the request of Council to convene hearings on issues and/or matters related to economic development referred to the Committee which are deemed to require public input, evaluation and comment. To advise in the preparation and maintenance of an overall economic development strategy, including ongoing assessment of current trends and identifying emerging economic conditions. To consult and encourage co-ordination of Council's economic development strategy and marketing efforts with those of the Visitor and Convention Bureau, the Chamber of Commerce, Kitchener Downtown Business Association, provincial and federal agencies and similar interest groups. 6. To propose programs for the enhancement of the image of the community and the development of other amenities related to economic development. 7. To undertake other projects which impact on the economic growth of the community, and which are within the Committee's Terms of Reference. That Council accept for information Planning and Development Staff Report PD 97~9, "Planning for the Coming Demographic Shift". That we approve application SE/96/002 (Household Trust Company) for consent to sever under the Rental Housing Protection Act, for the property known as 292 & 298 Mill Street, legally described as Lot 18, German Company Tract, Part Lot 10 & Part Lot 12, Municipal Compiled Plan. It is the opinion of this Committee that approval of this application is proper planning for the City. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) That Zone Change Application 96/37/B/LM (Activa Development Corporation) requesting a change in zoning from Residential Four Zone (R-4) and Open Space Zone (P-2) according to By- law 85-1 to Open Space Zone (P-2) and Residential Four Zone (R-4) according to By-law 85-1, on Part of Lot 47, German Company Tract, be approved in the form shown in the attached Proposed FEBRUARY 17, 1997 COUNCIL MINUTES CITY OF KITCI:IENER COUNCIL MINUTES FEBRUARY 17, 1997 - 56- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL By-law dated January 2, 1997, 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 Zone Change Application ZC 96/43/MC/JW (City of Kitchener) representing revisions to Zoning By-law 85-1 which change the zoning from Residential (R-5), with a special use provision prohibiting triplexes, to Residential (R-3) on certain lands within the North Ward neighbourhood, be approved in the form shown in the attached Proposed By-law dated January 7, 1997. It is the opinion of this Committee that approval of this application is proper planning for the City. That City Council approve the proposed amendments to Chapter 680 (Signs) of the Municipal Code, attached as Appendix 'A' to Planning and Development Staff Report PD 97/5, and direct the Legal Department to prepare the appropriate amending by-law for enactment by Council. That Zone Change Application ZC 96/1/TC/JW (City of Kitchener), representing revisions to Comprehensive Zoning By-law 85-1 regulations dealing with minimum lot widths and driveway locations on corner lots in residential zones, be approved in the form shown in the attached "Proposed By-law", dated January 20, 1997, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City. That notwithstanding the provisions of the Sign By-law, "Theatre and Company" operating out of the Water Street Theatre, 255 King Street West be granted permission to erect three fabric banner type fascia signs advertising upcoming events and the theatre in the locations along their Water Street frontage as outlined in the sketches considered by the Planning and Economic Development Committee on February 10, 1997. COMMUNITY SERVICES COMMITTEE - That the Kitchener Fire Department, Fire Prevention Division, assume inspection responsibilities and establish a program for properties presently inspected by the Ontario Fire Marshal's Office under the Hotel Fire Safety Act and the Nursing Home Act, and further, That the Fire Prevention Division expand upon its commitment to fire safety through prevention, education, pre-fire planning, fire drills and evacuation procedures in the hotels and nursing homes within the City of Kitchener. That the Letter of Agreement and supporting report from Ms. L. EckeI-Braun, Supervisor of Cemeteries, dated January 23, 1997, regarding a request from Mrs. S. McLean to test a new process for photographic reproduction on monuments be approved, and further, That the Mayor and Clerk be authorized to sign the Letter of Agreement on behalf of the corporation. That the Guidelines for Public Skating in Municipal Arenas, as considered by the Community Services Committee on February 10, 1997, be approved and implemented. COMMUNITY SERVICES COMMITTEE - (CONT'D) 4. That the Mayor and Clerk be authorized to sign an Agreement with Heritage Greens Lawnbowling Club in accordance with the draft agreement dated January 31, 1997, as considered by the FEBRUARY 17, 1997 COUNCIL MINUTES - 57- CITY OF KITCI:IENER COUNCIL MINUTES FEBRUARY 17, 1997 - 57- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL Community Services Committee on February 10, 1997. (Dealt with under Delegations and carried) That we support the bid of the Ontario Hockey Association which utilizes the City of Kitchener as a co-host for the 1999 World Junior Hockey Championship in conjunction with the City of Hamilton, and further, That we allocate $15,000.00 in the 1998 budget as a grant to the host committee in the event Kitchener/Hamilton is awarded the championships, and further, That we accept the responsibility of being a financial co-guarantor for the event, based on the projected net revenue from Kitchener games only. That the 1997 General Grants be reduced by 5% in 1997, save and except the Social Planning Council and the K-W Horticultural Society, and further, That March 17, 1997 be established as the date on which the Community Services Committee will hear any appeals in this regard. (As Amended) That staff be directed to enter into negotiations with Mike Martz to arrive at an agreement respecting the provision of Head Professional Services at Rockway and Doon Valley Golf Courses. ENVIRONMENTAL COMMITTEE - That the Legal Department prepare a draft by-law in respect to Tree Cutting and/or Site Alterations in accordance with the approach expressed in Planning and Development Staff Report PD 96/96, particularly those concerns outlined in Clause 7 A. Further that planning staff be directed to develop a method of identifying any lots to be preserved and/or any significant trees located on undeveloped lands, with such by-law containing some penalty for dealing with pre-cutting of trees prior to development of lands having Plan of Subdivision approval, and further, That the Ministry of Natural Resources be approached and requested to revise their policies that allow harvesting of woodlots prior to land owners/developers submitting applications for development so as to prevent the loss of trees through preapplication logging and clearing consistent with the approach referred to in report PD 96/96. That the Hydro Electric Commission of Kitchener-Wilmot be requested to consider contracting out to the local municipality (City of Kitchener) work required in connection with the cutting and clearing of tree branches from hydro lines since qualified municipal staff with provincially required training in line clearing are already engaged in tree pruning maintenance and have the necessary equipment to do both jobs simultaneously thereby eliminating existing duplication of service as well as saving trees through proper cutting that promotes beautification of the streetscape, and further, A copy of this resolution be circulated to municipalities with population more than 50,000 and sent to the Association of Municipalities of Ontario. (As Amended) ENVIRONMENTAL COMMITTEE - (CONT'D) FEBRUARY 17, 1997 COUNCIL MINUTES - 55- CITY OF KITCI:IENER COUNCIL MINUTES FEBRUARY 17, 1997 - 58- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL (a) That the issues and opportunities set out in Planning and Development Staff Report PD 96/96, regarding a Tree Cutting and/or Site Alterations By-law be received by the Environmental Committee and that the staff recommendations within the report be used to prepare: a draft by-law, an estimate of the implementation cost and required staff resources for consideration by Management Committee, which shall then refer the matter back to the Environmental Committee for public input, following which the Environmental Committee will forward a recommendation to the Planning and Economic Development Committee. (b) That staff of the Departments of Public Works, Parks & Recreation, and Planning & Development be instructed to proceed with a detailed review of the City of Kitchener practice of planting trees in boulevards. FINANCE AND ADMINISTRATION COMMITTEE - That the vacant parcel of land legally described as Part of Lot 3, Registrar's Compiled Plan 1521 designated as Part 1, Plan 58R-9775 be declared surplus to the City's needs and a service easement transferred to Her Majesty the Queen in Right of Canada as represented by the Minister of Supply and Services and of Public Works. That Licensing staff be authorized to licence up to six (6) $5,500.00 prize boards, per calendar year, per Bingo Association; and further, That at this time, Kitchener Council views this arrangement as an upper limit, not to be increased. That no action be taken on the request of Mr. Barry Gray, Past President, Ontario Auctioneers Association, to consider the pro-rating of the licence fee for auctioneers. That funding for Schneider Creek in the Capital Forecast from 1999 to 2001, in the amount of $4,630,000.00, be deleted ($2,315,000 C/C and $2,315,000 L/L); and, That funding of $3,668,000 be provided in the years 1999 to 2001 for the following projects: Year Proiect C/C L/L TOTAL 1999 Laurel Creek Shirk Place to Grand River $ 445,000 $ 445,000 $ 890,000 2000 Schneider Creek Channel CNR Culvert #1 to CNR Culvert #3 $ 957,000 $ 957,000 $1,914,000 2001 Grand River Boulevard Riverbank Toe ProtectionS 968,000 $ ¢ $ 968,000 $2,370,000 $1,402,000 $3,772,000 That the amount of $3,841,000 be added to the Capital Forecast from 2003 through 2006, as shown on Appendix "B" of the report of S. Gyorffy dated January 27, 1997, to complete the remaining phases of work on Schneider Creek, Laurel Creek, and the Grand River Boulevard Bank Stabilization and further, That consideration be given to advancing projects should other sources of funding become available. FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) COUNCIL MINUTES FEBRUARY 17, 1997 - 59- CITY OF KITCI:IENER COUNCIL MINUTES FEBRUARY 17, 1997 - 59- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL That the Interim Chief Administrative Officer insure that all costs assumed by the municipality as a result of Provincial downloading are tracked and that this be done in three stages: 1992 -1995; 1996-1997; 1998 and onward; and further, That a monthly information report and a running total in this regard be included as part of the Finance and Administration Committee agenda. That pursuant to Subsection 7 (5) of the Municipal Elections Act, 1996, and Section 220.1 of the Municipal Act, the City Solicitor be instructed to prepare a by-law to enable the City to recover a portion of 1997 Municipal Election Operating and Capital Expenses, and that the by-law be applicable to the following: the Regional Municipality of Waterloo; the Waterloo County Board of Education; the Waterloo Region Roman Catholic Separate School Board; the French-Language Public District School Board (proposed under Bill 104); the French-Language Separate District School Board (proposed under Bill 104); the Hydro-Electric Commission of Kitchener-Wilmot; and further, That such recovery also shall apply to any by-law or question submitted to the electors by the Region of Waterloo or any questions submitted by any of the above School Boards, the Hydro Electric Commission of Kitchener-Wilmot or the Province of Ontario, and that calculations in regard to cost recovery shall be based on the following criteria: the number of candidates to be elected to each body; each by-law or question or portion thereof requiring a "Yes" or "No" response shall be considered the equivalent of one candidate; where a candidate sits on both City Council and Regional Council, costs shall be split on a 50-50 basis between the two bodies. That following the 1997 Municipal Election, the City Clerk report to the Finance and Administration Committee on the actual as opposed to the estimated cost of said election, including staff time. That Council accept the offer of a group of anonymous donors to pay for the production and installation of a bronze plaque to honour Lord Kitchener and commemorate the recent visit of his great nephew, as outlined in correspondence to Mayor R. Christy and members of Council dated February 7, 1997. That the Director of Human Resources determine and report on the cost to the City of dealing with the gratuity portion of the Sick Leave Plan vested with existing staff as per the approach taken by the City of Cambridge, and this information be available after the March 3, 1997 Budget in conjunction with the report of the Interim Chief Administrative Officer on the Position Description Questionnaire (PDQ) salary increases. (As Amended) 10. That Council waive the $40.00 mobile sign licence fee with respect to a sign advertising the February 22, 1997 Family Music Carnival sponsored by the K-W Symphony. 11. That notwithstanding the Finance and Administration Committee recommendation of January 24, 1997, Project Lift be exempt from previous direction that its Operating Budget be reduced by a further 1.5 per cent corresponding to a portion of the 1996/1997 staff salary increase. 12. That following receipt of the report previously requested of the Interim Chief Administrative Officer concerning a possible replacement for the City's existing Job Evaluation System, a committee be struck to consider the possibility of full rollbacks, partial rollbacks or no rollbacks awarded as a result of job re-evaluations completed in conjunction with department reorganizations since 1993 or a date to be determined in the course of the review, subject to outside legal advice on the issue. (As Amended) PUBLIC WORKS AND TRANSPORTATION COMMITTEE - COUNCIL MINUTES FEBRUARY 17, 1997 - 60- CITY OF KITCI:IENER COUNCIL MINUTES FEBRUARY 17, 1997 - 60- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL That parking be prohibited on the north side of Biehn Drive, from Carlyle Drive to Huron Road; on the south side of Biehn Drive, from a point 250 metres west of Maxwell Drive to Huron Road; on the east side of Huron Road, from Biehn Drive to Maxwell Drive/Trillium Drive; and, on the west side of Huron Road, from Biehn Drive to a point 61 metres south thereof, and further, That the effectiveness of these parking prohibitions be reviewed at the end of one year, and further, That the Uniform Traffic By-law be amended accordingly. That parking be prohibited on both sides of Chandler Drive, from Mowat Boulevard to the south limit, and further, That the Uniform Traffic By-law be amended accordingly. That an all-way stop be installed at the intersection of Breithaupt Street and Waterloo Street, and further, That the Uniform Traffic By-law be amended accordingly. That a no stopping area be established between the hours of 8:00 a.m. to 9:00 a.m., 11:30 a.m. to 1:00 p.m. and 3:00 p.m. to 4:30 p.m., Monday to Friday, on the north side of Driftwood Place from a point 15 metres west of the Driftwood School walkway to a point 85 metres east thereof, and further, That a no stopping any time zone be established on the centre island portion of Driftwood Place for the entire centre island, and further, That the Uniform Traffic By-law be amended accordingly. That Councillors John Smola, Jake Smola and G. Lorentz represent City Council at the workshop being held to discuss transit services. COUNCIL MINUTES FEBRUARY 17, 1997 -61 - CITY OF KITCHENER COMMITTEE OF THE WHOLE BY-LAWS AS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - Confirmation of Compliance - FAIRVIEW WARD It was resolved: "That the City confirms that on November 8, 1996 the property municipally known as 1620 Strasburg Road, Kitchener complied with all the restrictive covenants contained in the Schedule to Instrument No. 919055." Sale of Tickets It was resolved: "That the City of Kitchener has no objection to the Princess Margaret Hospital Foundation, 610 University Avenue, Toronto, Ontario, M5G 2M9, being granted permission to sell raffle tickets in the City of Kitchener from April 25 to May 28, 1997." Body Rub Parlour Licence It was resolved: "That Mr. Randy Zivkovic be granted a Body Rub Parlour licence, for 91 Queen Street South, Kitchener, for the year 1997." Massaqist Licences It was resolved: "i) That Ms. Marika Browne be granted a Massagist licence for the year 1997, and further; That Ms. Deborah Delaney be granted a Massagist licence for the year 1997, and further; That Ms. Tanya Cherryholme be granted a Massagist licence for the year 1997, and further; That Ms. Bette Joe Schlosser be granted a Massagist licence for the year 1997, and further; That Ms. Christina Sarich be granted a Massagist licence for the year 1997. ii) That the Manager of Licensing be authorized to issue a Massagist's Licence to Cathy Lynn Jansen as per her application dated February 7, 1997. iii) That Ms. Lisa Woznuk be granted a Massagist licence for the year 1997. iv) That Ms. Shellee Horspool be granted a Massagist licence for the year 1997, and further; That Ms. Amanda Harrison be granted a Massagist licence for the year 1997." COUNCIL MINUTES FEBRUARY 17, 1997 COUNCIL MINUTES CITY OF KITCI:IENER COUNCIL MINUTES FEBRUARY 17, 1997 - 69- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL FEBRUARY 17, 1997 - 62 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 4. Massaqist Licences (Cont'd) Councillor M. Yantzi enquired when a report would be presented to Committee reviewing body rub parlours and Mr. J. Shivas advised that he would attempt to complete the report for the next Finance and Administration Committee meeting. Councillor Yantzi requested that the number and locations of body rub parlours be included within the report. 5. Firefiqhter Arbitration Hearinq Councillor John Smola disclosed a conflict of interest and abstained from all discussion as his brother is a member of the Kitchener Firefighters' Association. He vacated the chair which was assumed by Mayor R. Christy to consider this item in the agenda. It was resolved: "That with regard to the upcoming arbitration hearing involving the Kitchener Firefighter's Association, the City's position be that any arbitrated settlement for 1996 in excess of 1% be funded out of the current Fire Department budget for staffing." Councillor John Smola previously disclosed a conflict of interest and abstained from all discussion and voting as his brother is a member of the Kitchener Firefighters' Association. The chair was then vacated by Mayor R. Christy and assumed by Councillor John Smola who conducted the remainder of the Committee of the Whole proceedings. 6. Tenders The tenders were dealt with under delegations. 7. Application for Cancellation, Refund, Reduction or Levy of Taxes 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." Prior to consideration of this matter, Councillor J. Ziegler disclosed a pecuniary conflict of interest and abstained from all discussion and voting respecting item 195 (application 1289) as the application involves his mother and his brother. 8. Encroachment Aqreement - 10 Pinnacle Drive - SOUTH WARD The Committee was in receipt of a memorandum dated February 17, 1997 from Ms. L. MacDonald, advising that a request has been received to legalize an existing porch extending onto the Pinnacle Drive road allowance. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner(s) of Lots 102 and 103 according to Registered Plan 578, known as 10 FEBRUARY 17, 1997 COUNCIL MINUTES CITY OF KITCI:IENER COUNCIL MINUTES FEBRUARY 17, 1997 - 63- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL Pinnacle Drive, to legalize the existing porch as it encroachments 6', more or less, onto the Pinnacle Drive road allowance."