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HomeMy WebLinkAboutCouncil Minutes - 2001-03-19COUNCIL MINUTES MARCH 19, 2001 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by Maria Heemskerk, King School of Vocal. On motion by Councillor C. Weylie, the minutes of the regular meeting held February 26, 2001, and special meetings held February 23 and 27 and March 2 and 5, 2001, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE- (a) Correspondence from T. Arnott, MPP, dated February 21, 2001, acknowledging receipt of Council's resolution concerning trucking of waste from Toronto to Michigan along Highway 401. (b) Correspondence from Hon. E. Witmer, MPP, dated February 27, 2001, acknowledging receipt of Council's resolution concerning repairs to the Conestogo Dam. (c) Correspondence from Hon. M. Harris, Premier of Ontario, dated February 27, 2001, acknowledging receipt of Council's resolution concerning coal fired power plants. (d) Correspondence from L. Aprile, Manager, Correspondence Unit, Minister of Finance, dated March 2, 2001, acknowledging receipt of Council's resolution concerning formatting of the 2001 municipal property tax bills. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation with respect to the tenders listed on the Committee of the Whole agenda. In response to a question raised respecting Tender T01-023 for the Stoke Drive Forcemain Repairs, Mr. S. Gyorffy advised that significant additional cost may be incurred depending on the extent of difficulty encountered to complete the repairs. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That Proposal P01-018, Electrical Service and Repair, be awarded to Harold Stecho Electric Limited, Waterloo and Kearsley Electric Limited, Kitchener, at their proposed hourly rates for a period of one year." - and - "That Tender T01-015, Industrial Tractor Loaders, be awarded as follows: Item #1 - One (1), 56kw (75hp) all wheel drive, all wheel steer, rubber tired industrial tractor with front end loader complete to specification CKF-244 - to Advance Construction Equipment Ltd., Kitchener at their tendered price of $71,455., plus G.S.T. and P.S.T.; Item#2 - One (1), 54.4kw (73hp) all wheel drive, rubber tired industrial tractor with front end loader complete to specification CKF-301 - to Advance Construction Equipment Ltd., Kitchener at their tendered price of $71,455., plus G.S.T. and P.S.T., plus optional 10' plow at $4,100., plus G.S.T. and P.S.T." - and - "That Tender T01-023, Stoke Drive Forcemain Repair, be awarded to J.G. Goetz Construction Limited, Guelph at their tendered price of $117,705.89, including G.S.T." - and - "That Tender T01-003, Mansion Street, Locust Street and Gordon Avenue Road Reconstruction, be awarded to Sierra Construction (Woodstock) Limited., Woodstock, Ontario at their tendered price of $1,436,676.37, including G.S.T. and Provisional Items & Contingencies of $82,950." - and - MARCH 19, 2001 COUNCIL MINUTES - 87 - CITY OF KITCHENER "That Tender T01-002, Road and Surface Construction, be awarded to Steed and Evans Limited, Kitchener at their reduced tendered price of $2,604,903.50, including G.S.T." - and - "That Tender T01-037, Computers, be awarded to Amsdell Inc., Richmond Hill, Ontario at their tendered price of $143,300., plus G.S.T. and P.S.T." Carried. Ms. Pat Ferraro, Manager, Training and Workplace Safety, appeared as a delegation to recognize and present certificates to three City employees who have achieved designations under the Ontario Municipal Management Institute (OMMI) program, as follows: Christopher Van Bargen - Level I Willis McLaughlin - Level II Brian Page - Level III Mr. Bruce Lackenbauer appeared as a delegation in support of and to answer any questions concerning the by-law listed as Item 12(a) on the agenda that would close and sell an unnamed public lane between Water Street South and Francis Street South. He also expressed appreciation to staff for the exceptional assistance and co-operation he had received in respect to this matter. On motion by Councillor J. Ziegler, seconded by Councillor B. Vrbanovic, it was agreed that the by-law would receive third reading later this date. Mr. Richard Haalboom appeared as a delegation in regard to Clauses 1 and 2 of the Heritage Kitchener report. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That Clauses 1 and 2 of the report of Heritage Kitchener be deferred and referred to a future meeting of the Planning and Economic Development Committee for its consideration in conjunction with other responses to the request of Monarch Construction Ltd. to modify the original application respecting Subdivision Agreement 30T-95018." Carried. Mayor C. Zehr advised that a number of delegations were in attendance in regard to Clause 3 of the Environmental Committee report dealing with the Highway 7 (Kitchener to Guelph) Planning Study. However, he noted that staff had prepared a report requesting consideration of a recommendation from the City's Economic Development Advisory Committee (EDAC) in respect to the Highway 7 project and questioned if it was Council's wish to deal with the EDAC resolution at this time. Mr. B. Stanley explained the timeline that the Ministry of Transportation was looking for in respect to a response from Kitchener. Councillor B. Vrbanovic commented that there was merit in deferring consideration of the Environmental Committee recommendation so as to allow for full discussion and consideration of recommendations from both the Environmental Committee and the Economic Development Advisory Committee. He suggested that the matter be considered by the Public Works and Transportation Committee on March 26, 2001 with a special Council meeting to immediately follow the Committee meeting to ratify any recommendation pertaining to this matter. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That Clause 3 of the Environmental Committee report pertaining to the Highway 7 Planning Study be deferred and referred for consideration by the Public Works and Transportation Committee at a meeting to be held at 7:00 p.m. on March 26, 2001 in conjunction with a recommendation from the Economic Development Advisory Committee relative to the Highway 7 Project; and further, COUNCIL MINUTES MARCH 19, 2001 - 88 - CITY OF KITCHENER That a special meeting of City Council be held immediately following the March 26, 2001 Public Works and Transportation Committee meeting to consider ratifying any recommendations arising from the Committee's consideration of the Highway 7 matter." Carried. Mr. F. Pizzuto appeared as a delegation to introduce a series of recommendations dealing with the Upgrade Plan of the Kitchener Memorial Auditorium Complex as listed in Clause 6 of the Community Services Committee report. Mr. Chris O'Reilly, Brisbin Brook Beynon, Architects, appeared as a delegation in support of the Auditorium Upgrade Plan. Utilizing the overhead projection system, he illustrated site plan upgrade proposals for the Auditorium property as well as proposed building improvements. He also commented that a revenue analysis was completed evidencing the potential for the improvements to be highly successful. Ms. P. Houston advised that recently staff were requested to make inquiry with other municipalities that have developed private boxes within their facilities and noted that responses have indicated the undertakings were very successful and that no difficulty was experienced in leasing. However, she did note that advice was received that long-term commitments of from 5-10 years be sought. She remarked on the fact that some of the proposed improvements will target a new customer base and that it was essential to determine what patrons would want to be built into the expanded facilities. Mr. Ted Scharf appeared as a delegation representing the Kitchener Rangers to advise of the hockey club's strong support for the Upgrade Plan noting that it would assist in attracting major events as well as create a more friendly environment overall within the Auditorium. Mr. F. Pizzuto advised that he has provided a report outlining 17 solid expressions of interest for the 22 private boxes without commencing a marketing plan at this time. Councillor G. Lorentz indicated that he was prepared to move a motion to approve the Committee recommendation and urged Council to support it. He pointed out that the Auditorium was built almost 50 years ago and was in need of the proposed upgrades that would raise its profile among competing facilities without having an impact on the general taxpayer. Councillor M. Galloway supported the financial plan detailing the cost of the improvements. Councillor B. Vrbanovic pointed out that the goal of the improvement was to have no impact on taxpayers; however, he noted that if for whatever reason the goal was not achieved within the proposed time frame, the option was available to extend the payback period without affecting City taxpayers. In summary, he commented that the improvements would revitalize the facility and also meet the needs of neighbours living in the immediate area. Councillor J. Smola commented that the Upgrade Plan had been the subject of a public consultation process involving the neighbourhood and expressed appreciation to the consultants for their efforts. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Clause 6 of the report of the Community Services Committee be adopted." Carried. Mr. John Gazzola, Kitchener's former Chief Administrative Officer, appeared as a delegation to list his achievements over a 28 year career with the City and to comment on concerns relating to capital spending by Council as well his termination of employment. Some of the achievements he touched on were: the consolidation of new operating divisions into the expanded City of Kitchener with the implementation of Regional government structure on January 1, 1973; establishment of a business enterprise system operational format so as to not impact the general taxpayer; resistance to enticements received over the years to sell the City's natural gas service; introduction of reserve funds to cushion the impact of economic downturns; introduction of a capital financing model so as to ensure that the City was living within its means; financing of the move and payment in full of the new City Hall; improvements in a number of human resource areas; assembly of land for a new Farmers' Market; a significant role in reaching settlement of the Ralgreen Crescent matter; and, participation/ implementation in issues surrounding initiatives to improve the Downtown. He made particular reference to human resource issues that he faced in 1997 when he became C.A.O.; detailed the initiatives/problems identified by the City's stress survey; commented that an outcome of the process was a changed working culture within the City along with improvements in areas of performance COUNCIL MINUTES MARCH 19, 2001 - 89 - CITY OF KITCHENER evaluation and training, safety; and establishment of a code of workplace values. In regard to the latter, he expressed the opinion that Council has not adhered to its own workplace values and urged them to do so in future. Mr. Gazzola also made more detailed comments in respect to the land assembly project for the new Farmers' Market and the role that he played in resolving the Ralgreen Crescent problem which was an issue that pre-dated his role as Chief Administrative Officer. He then spoke to the matter of his retirement commenting that his appearance at the meeting this date constituted his retirement party and that he wished to express appreciation for the many best wishes he has received. However, he stated his leaving the employ of the City was filled with bitterness as the right to retire as planned had been taken away from him when he was terminated by City Council. He acknowledged that he did not dispute Council's right to take such action, but noted that he would have gladly worked with the Council to achieve an orderly transition and was resentful of the manner in which the entire matter was handled and the shabby treatment he felt he received. He noted that in the 10 months previous to July, 1997, he had carried out a dual role of Acting Chief Administrative Officer and Commissioner of Finance and referenced his signing of an agreement respecting the Chief Administrative Officer position that he felt treated him less than fairly. He noted that he signed the agreement in the expectation of trust and that Council and the system would ultimately be fair. In this regard, he advised that Council has offered only 18 months severance and that he had requested 24 months which Council has totally refused to negotiate. He noted that his $117,000. remuneration was the lowest of urban Chief Administrative Officers in the Region. As an example of the savings he had achieved on behalf of the City he advised that $654,000. had been saved through gapping rather than just the $300,000. target established last year by City Council. Finally, Mr. Gazzola expressed appreciation to all of the staff who have worked for him and with him over the years and expressed appreciation for all the support he has received especially from his family. He thanked the people of the community for allowing him to serve the public interest for some 35 years. Before leaving the Chamber, Mr. Gazzola returned his 25-year service pin to Council indicating that he could no longer wear it with pride. Mayor C. Zehr commented that he regretted Mr. Gazzola found it necessary to make such comments in public and re-affirmed the established Council policy of not discussing personnel issues in public. However, he did indicate that it was appropriate to respond on the specific concerns relative to the financing of City spending raised by Mr. Gazzola in the press and with respect to Council's capital policy, which he indicated is well founded and still being followed. Ms. P. Houston, City Treasurer, commented that the Auditorium was a revenue-generating facility and the proposed upgrades considered this date were within that context which is a normal process the City has followed with respect to various projects, including the accelerated energy savings programs, the golf course expansion and the Williamsburg crematorium. She noted that the Auditorium upgrades were contingent upon receipt of a firm commitment from users. She then commented on existing capital spending policy and referenced Kitchener's $71. per capita debt against $281. per capita for the City of Waterloo, $48. per capita for the City of Cambridge and $135. per capita for the City of Burlington. She pointed out that between the years 1991 - 1996, the City's total capital debt had shifted within an acceptable range and continued to do so, and commented that she considered the City's finances to be in excellent shape. Finally, she noted that the upgrades to the Auditorium allow the City to remain competitive in comparison to other facilities. Mr. Tony Munro, Co-op Co-ordinator, University of Waterloo, appeared as a delegation to present two Certificates of Recognition to the Information Services Division (GIS Section) of the Finance Department and to the Business and Planning Services Department in recognition of the City's long- term commitment to provide learning opportunities to assist in the development of students in the co- op programs. He advised that the Certificates recognized the quantity and quality of work students were challenged with and noted that seven students had worked in the GIS Section while thirty students had worked in the Planning Divisions over the past two decades. Mayor C. Zehr accepted the Certificates on behalf of the City. Several University of Waterloo planning students appeared as a delegation to make a Powerpoint presentation of a student project winner - 'Lighten Up' campaign survey which they carried out as a project on behalf of the Safe City Committee. An explanation of both the 'Lighten Up' campaign was provided as well the awareness process that was followed. It was acknowledged that the survey taken was not a representative sample. The students remarked on demographic aspects of responses to the survey and issues relating to safety within the urban and suburban environment. A number of delegations attended the meeting to speak on the compensation package of Councillors and the Mayor recently approved by City Council. COUNCIL MINUTES MARCH 19, 2001 - 90 - CITY OF KITCHENER Mr. Orville Thacker of the Waterloo Region Council of Union Retirees again appeared as a delegation to oppose the compensation package since in his view Council chose to ignore the earlier concerns that he had expressed. Accordingly, he advised that he was submitting a copy of a petition containing 10,300 signatures of community residents who oppose the compensation decision. He read a number of excerpts from letters received from citizens who oppose the compensation increase and asked that Council respect the citizens' opinions. Ms. Phyllis Hunter of the Waterloo Region Council of Union Retirees also opposed the compensation package which she stated she found shocking. Ms. Hunter stated that it was not the time for any such increase and that Council members were well aware of the existing honourarium when they ran for election in November 2000. Further, she suggested that whatever increase might have been approved should have been spread over the term of the existing Council. Mr. Tony Kerr appeared to oppose the compensation package particularly given the rapid economic slowdown that was taking place and noted that the Provincial and Federal governments were taking steps to control spending. He remarked on increased costs that citizens were facing for natural gas, electricity and property taxes as well as spending by City Council amounting to $15M for a new Farmers' Market, $1M in subsidy for the Centre In The Square, $6.3M toward the Auditorium upgrade and potentially $15M toward the Poseidon Project. He questioned where spending priorities were given the deteriorated state of roads and the need for community centres. Mr. Kerr asked that Council either appoint a citizens' committee to review Council compensation or defer implementation of the recent decision until a new Council takes office after the 2003 municipal election. Mayor C. Zehr clarified that Council has not approved the Poseidon Project but that if the proponents were to re-approach Council with a self-sustaining project, it was likely Council would be open to review any proposal. In reference to the cost for the Auditorium upgrade, he advised that the proposed borrowing to finance the upgrades was outside of the tax rate. Councillor M. Galloway referred to the comments of Ms. P. Houston made earlier in the meeting respecting the strong financial health of the City and it was pointed out that the City of Kitchener had a tax increase of only 1.8% in 2001 which was the lowest of the Cities of Cambridge and Waterloo as well as the Region of Waterloo. Mr. Les Dowling appeared as a delegation in opposition to the Council compensation decision relative to the Mayor and Councillors including related benefits. He remarked that some Councillors work only a few days a week and suggested that with this decision they should be working full-time. He also questioned the spending priorities of the City on major projects while spending on affordable housing was ignored. Mr. Vernon Bowman appeared in opposition to the Council compensation decision stating that such increase was outrageous and appalling. He indicated that he had participated in circulation of the petition opposing the increase and that in every case he was welcomed by citizens who were of the view that Council was greedy and arrogant. Mr. Bowman questioned why this issue was not raised before the November 2000 municipal election and expressed concern with the recent spending spree of City Council on various projects. As well, he questioned the makeup of the Advisory Committee that had been appointed to consider the Council compensation matter. Mr. Carl Lehay appeared to oppose the Council compensation decision commenting that the increase was underhanded and that there were more pressing problems such as the Downtown and the need for affordable housing that should have had priority. Mr. Earl Neumeister appeared in opposition to the Council compensation issue and posed several questions in regard to the meaning of portions of the January 29, 2001 resolution approving the compensation package. Mr. Neumeister indicated that out of curiosity he had solicited signatures on a petition supporting a 60% and 20% compensation increase for Councillors and the Mayor respectively and had not been able to obtain any signatures. Mr. Larry Riedel appeared as a delegation in opposition to the Council compensation decision to pose questions about the makeup of the Compensation Committee and how a new member of Council could support a 60% increase after only two months of Council experience. He suggested that the Council in its actions was exercising arrogance toward taxpayers of the City. Mr. Riedel recommended that in the next election, electors be given the opportunity to indicate the level of increased compensation for Council that they could support. COUNCIL MINUTES MARCH 19, 2001 - 91 - CITY OF KITCHENER Ms. Kate Otterbein appeared as a delegation in opposition to the Council compensation decision. She commented that the job of Councillor was a part-time job and asked that they resign so a new election could be held. Ms. Judy Greenwood-Speers appeared in opposition to the Council compensation decision and recommended that future raises of City Council be included on the municipal election ballot. It was her view that Council had done a dis-service to many good people by its handling of this matter. Mr. Bob Cruickshank appeared as a delegation representing CAW Local 1451 to oppose the Council compensation decision. He questioned how long Council would be happy with the current increase and expressed the view that Council had been dishonest with taxpayers in the handling of this issue. He commented that in view of how Council has dealt with this matter to date, they could expect to hear further representations in the future. Mayor C. Zehr clarified statements made this date and provided answers to questions raised by some of the delegations on the compensation issue as follows: · the members of the Compensation Advisory Committee did not receive any remuneration for their report · Councillors previously had access to City Hall benefits · extraordinary expenses of Council members would be covered in like manner as those of staff · Councillors do not earn any other form of remuneration at the municipal level · the value of 1/3 of the Councillors' honourarium being tax free equates to approximately $6,000. · the Mayor in addition to his City honourarium receives honorariums as a member of the Region of Waterloo Council and the Kitchener Power Corporation · local municipal Councillors are still receiving calls from residents in regard to transit and garbage which were responsibilities transferred to the Region of Waterloo · affordable housing is acknowledged as a significant problem within the Region but the City of Kitchener over the years has taken a very large role in the provision of affordable housing through Kitchener Housing Inc. · electrical rate increase by Kitchener Power Corporation amounts to 1.9% and the balance of any increase relates to a tax implemented by the Province to pay down stranded debt of the former Ontario Hydro · gas utility increase relates only to costs to the City to pay for the gas it resells to consumers Mayor C. Zehr advised that he wished to make a statement regarding the compensation issue and noted that Council does value the input it has received from residents whether they agree or not on any given issue. He indicated that the concerns as expressed have been heard and would be addressed. Further, he pointed out that the decision respecting the compensation matter calls for a review mid-term with respect to the next Council and that this would shortly be initiated. Mayor Zehr pointed out that eight of the nine recommendations proposed by the Council Compensation Advisory Committee had been adopted with the exception of the recommendation with respect to Councillor honourarium. He noted it was Council's intent to bring a report forward in the next 4-6 weeks dealing with the implementation of a partial review process relative to Council compensation and that details will follow with final review by City Council. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler "That the report of the Planning and Economic Development Committee be adopted." Carried. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That the report of the Community Services Committee be adopted." Voted on Clause by Clause. Clause 6 - Dealt with under Delegations and Carried. Balance of report - Carried. MARCH 19, 2001 COUNCIL MINUTES - 92 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Environmental Committee be adopted." Voted on Clause by Clause. Clause 3 - Dealt with under Delegations and action deferred and referred to the March 26, 2001 Public Works and Transportation Committee for consideration. Balance of report - Carried. Moved by Councillor M. Galloway Seconded by Councillor J. Ziegler "That the report of the Finance and Administration Committee be adopted." Carried. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That the report of the Public Works and Transportation Committee (March 5, 2001 Meeting) be adopted." Voted on Clause by Clause. Clause 1 - Carried. Balance of report - Carried. Pecuniary Interest and Abstention: Clause 1 - Councillor J. Ziegler as he owns property on King Street East. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That the report of the Public Works and Transportation Committee (March 6, 2001 Meeting) be adopted." Councillor B. Vrbanovic pointed out that the increase for natural gas that was being recommended related to what the City has to pay to purchase the product and that these costs are being passed to customers. Councillor G. Lorentz suggested the City undertake to better inform the public on utility price increases and recommended providing a full explanation in this regard. The report was then put to a vote and Carried. Councillor C. Weylie advised that she was participating on the Cambridge Area Route Selection Sub- Committee (CARSS) but her schedule is preventing her from attending meetings regularly. Councillor M. Galloway agreed to assume this responsibility. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That the Region of Waterloo be advised that Councillor M. Galloway be appointed in place of Councillor C. Weylie on the Cambridge Area Route Selection Sub-Committee." Carried. MARCH 19, 2001 COUNCIL MINUTES - 93 - CITY OF KITCHENER Councillor B. Vrbanovic alerted Council that he intended to circulate several resolutions from the Federation of Canadian Municipalities. Further, he advised that the City of Kitchener and the Waterloo Region District School Board were holding an information meeting on the subject of shared library facilities at Grand River Collegiate at 7:00 p.m. on Tuesday, March 27, 2001 and noted that this was an opportunity for the public to provide input. Councillor J. Ziegler advised that a letter had been received from Green Scheels Pidgeon acting on behalf of Lutheran Homes of Kitchener-Waterloo (Trinity Village), 2727 Kingsway Drive, requesting that the City consider deferral of development charges relative to this project. He noted that the issue of concern was the matter of demolition and credit in that regard. Staff were instructed to place this matter on both the March 26, 2001 agendas of the Finance and Administration Committee and special Council that date. Councillor G. Lorentz commented that while the Region of Waterloo had responsibility for transit and garbage which are both area rated, local Councillors were still receiving and dealing with inquiries from area residents. He further commented that operations of the Region of Waterloo were 80% supported by Provincial funding while only 20% was sourced from the local taxpayer. On the matter of transit, he suggested it be determined what transit was costing the City now as compared to when the City ran the Kitchener Transit system. Mayor C. Zehr responded that full service responsibility was transferred to the Region on an area rated basis but the intent was that the service shift to a harmonized rate and that a report in this regard is being prepared for consideration by Regional Council. Councillor C. Weylie referred to the impacts on Kitchener due to growth and actions in respect to road widenings and transit issues. She also questioned educational development charges to support school facilities and whether such charges applied to infill housing. Mr. B. Stanley advised that he was adding this matter to the March 26, 2001 Planning and Economic Development Committee agenda at which time a presentation will be made. Mayor C. Zehr provided a brief update on issues involving Regional Council. On the subject of garbage disposal, he noted that the Cambridge Landfill was nearing capacity and that a transfer station would be built in the City of Cambridge to provide for utilization of the Waterloo Landfill site when the Cambridge landfill closes. In reference to the Waterloo Landfill site expansion, he noted that the older portion of the site requires certain upgrading. It was pointed out that an emergency training facility for all municipalities would be the subject of a report from the Fire Chief for consideration at the March 26, 2001 Community Services Committee meeting. Mayor Zehr also remarked on the housing unit allocation subsidy level being provided by the Region of Waterloo and the speed limit being increased to 60 km/h on Fairway Road from Old Chicopee Drive to Lackner Boulevard. Moved by Councillor M. Galloway 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 provide for the widening of part of Huron Road as a public highway in the City of Kitchener. (b) Being a by-law to amend Chapter 380 of The City of Kitchener Municipal Code with respect to Tariff of Fees - Planning Matters. (c) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (d) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (e) To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (f) To confirm all actions and proceedings of the Council. MARCH 19, 2001 COUNCIL MINUTES - 94 - CITY OF KITCHENER 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 C. Weylie as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "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. Council considered an additional by-law this date in accordance with the recommendation in Item B.11 of the Committee of the Whole pertaining to property standards repairs at 18 Madison Avenue North. Moved by Councillor M. Galloway Seconded by Councillor J. Ziegler "That the by-laws listed on the agenda for third reading, namely: 10. (a) (b) (c) (d) (e) (f) (g) Being a by-law to close and sell an unnamed public lane between Water Street South and Francis Street South running parallel with Charles Street West and Joseph Street in the City of Kitchener. (By-law No. 2001-42) Being a by-law to provide for the widening of part of Huron Road as a public highway in the City of Kitchener. (By-law No. 2001-43) Being a by-law to amend Chapter 380 of The City of Kitchener Municipal Code with respect to Tariff of Fees - Planning Matters. (By-law No. 2001-44) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2001-45) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law No. 2001-46) To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. To confirm all actions and proceedings of the Council. (By-law No. 2001-47) (By-law No. 2001-48) MARCH 19, 2001 COUNCIL MINUTES - 95 - CITY OF KITCHENER (h) 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 18 Madison Avenue North, Kitchener. (By-law No. 2001-49) be taken as read a third time, be finally passed and numbered serially by the Clerk. Carried. On motion, the meeting adjourned at 9:55 p.m. MAYOR CLERK COUNCIL MINUTES MARCH 19, 2001 - 96 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE That notwithstanding Council's February 26, 2001 resolution providing certain direction to staff with respect to review of the City's Sign By-law, staff be further directed to fully investigate and address all issues of concern with regard to the existing by-law as part of the review. That the Subdivision Registration fee under the current Tariff of Fees By-law be revised to read as follows: Registration of Plan: $530/single stage + $100 each additional concurrent stage registration. COMMUNITY SERVICES COMMITTEE - That the Mayor and Clerk be authorized to execute a memorandum of understanding, dated March 5, 2001, between the Corporation of the City of Kitchener (CITY), the Office of the Ontario Fire Marshal (OFM), the Ontario Association of Fire Chiefs (OAFC) and Conestoga College of Applied Arts and Technology (COLLEGE) for the purpose of delivering joint pre- service training to prospective fire-fighters. That Smithson Public School be awarded a one-time community playground grant of $750. toward the cost of constructing a new creative playground within the school campus. That Suddaby Public School be awarded a one-time community playground grant of $750. toward the cost of constructing a new creative playground within the school campus. That a one-time grant of $500. be approved for District #26, Waterloo-Wellington Ontario Senior Games to be held in Cambridge on June 4-7, 2001. That no action be taken on the request of Aerial 2000 for a grant in the amount of $2,600. to assist with purchasing prizes and equipment necessary to operate the sky show at Kiwanis Park on June 30, 2001. That the Kitchener Memorial Auditorium Complex upgrade plan as developed by Brisbin, Brook & Beynon Architects and the financial plan as presented in Community Services Department report CSD-01-033, be approved; and, That staff be directed to commence the construction tender process with the Architect; and, That $6.3M of debenture financing be approved for the Kitchener Memorial Auditorium Complex upgrade plan in 2001, with a term not to exceed 10 years; and, That the Kitchener Memorial Auditorium Complex upgrade project be considered a revenue generating project, outside of the City of Kitchener capital policy for debenture financing; and, That Finance Department staff review the financial information contained in the Brisbin, Brook & Beynon Architects report, dated February 16, 2001, particularly with respect to the percentage of sales; and, That the cost of the Kitchener Memorial Auditorium Complex upgrades not result in a negative impact on the tax levy; and further, That staff immediately prepare an advertising package for and commence pre-leasing of the suites and loges, with a report on the status of the pre-leasing to be presented at the April 30, 2001, Community Services Committee meeting. (Dealt with under Delegations and Carried.) MARCH 19, 2001 COUNCIL MINUTES - 97 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL ENVIRON MENTAL COM M ITTEE - 1. That Council approve the establishment of an Environmental Stewardship Grant Program to be funded from the Environmental Stewardship Capital Account; and further, That Terms of Reference for the Environmental Stewardship Grant Program be approved as follows: Objectives: 1. 3. 4. 5. To increase people's awareness of how they view and treat air, water and land resources and encourage them to be involved in solutions to improve the quality of those resources. To promote healthy lifestyle practices. To foster a sense of environmental stewardship. To promote community environmental awareness. To promote and initiate the development of short term, community based environmental programs. To support environmental research. intermediate and long term Eli,qibility: Applications will be accepted from non-profit environmental groups, neighbourhood associations and communities of interest. A "community of interest" is a group of individuals who voluntarily associate with each other because they have identified common environmental concerns that impact on the City. Groups must demonstrate an ability to initiate and follow through on projects by having an organizational structure in place to lead and manage the activities and to account for finances. Capital projects are not generally eligible for direct funding from the Environmental Stewardship Grant Program. Grant funding for consultants or professional salaries will only be eligible if provided within the context of a partnership with other funders. Fundinq Source: To be funded from the Environmental Stewardship Capital Account. Fundinq: The maximum funding available in any one year for all projects is $5,000. with the maximum funding allocation (grant) to any one project in a given year being $3,000. on a one time basis only. Equity contributions and partnerships with other funders will be encouraged. Applications: Proposals shall include the following information: · Issue or problem identification · Organizational structure of the group, association or community of interest · Key contact names · Program or project description · Outline of benefits from the program or project · Implementation plan and schedule · Budget outline MARCH 19, 2001 COUNCIL MINUTES - 98 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL ENVIRONMENTAL COMMITTEE - (CONT'D) 1. (Cont'd) Other partnership or funding contributors Administration: The Environmental Stewardship Grant Program shall be administered through the City's Environmental Study Group. The Environmental Study Group shall receive proposals, evaluate them and make a recommendation to the Environmental Committee for funding. The Finance Department will monitor the budget and provide accounting services where required. Upon approval for funding the project organization will be required to submit appropriate receipts and invoices to document use of the funds. A final report documenting the project, including project evaluation, is required. The report shall be presented to the Environmental Committee. That in accordance with Clause #1 of the Environmental Committee report approved February 12, 2001 by Council and subject to similar funding being provided by the Cities of Guelph, Waterloo and the Regional Municipality of Waterloo, Council approve a cash grant under the Environmental Stewardship Grant Program in the amount of $3,000. to the Waterloo Public Interest Research Group (WPIRG) for the Kitchener-Guelph Traffic Reduction Initiative, to be funded from the Environmental Stewardship Capital Account. That the City of Kitchener Environmental Committee not support the Ministry of Transportation of Ontario 'Technically Preferred Alternative' route for the Highway #7 Planning Study from Kitchener to Guelph, subject to reconsideration which may result from any future revision of the Study by the Ministry as a result of its public consultation process; and further, That the Ministry of Transportation be requested to re-evaluate other options to address traffic volume on Highway #7, including but not limited to: - widening existing Highway #7 - alternative transportation forms. (Dealt with under Delegations and action deferred and referred to the March 26, 2001 Public Works and Transportation Committee meeting for consideration.) That the City of Kitchener requests Canada's Minister of the Environment to exercise his authority under the Canadian Environmental Assessment Act to refer to an environmental assessment review panel Ontario Power Generation's proposal to install selective catalytic reduction units on its Lambton and Nanticoke coal-fired power plants. The City of Kitchener further requests that the environmental assessment include full consideration of the alternative of conversion to natural gas; and, That the City of Kitchener requests Ontario's Minister of the Environment to require Ontario Power Generation to prepare an environmental assessment, in accordance with section 6.1(2) of the Environmental Assessment Act, of its proposal to install selective catalytic reduction units on its Lambton and Nanticoke coal-fired power plants. In particular, the City of Kitchener requests that the environmental assessment include full consideration of the alternative of conversion to natural gas. Furthermore, the City of Kitchener requests that the completed assessment be referred to the Environmental Review Tribunal for a full public hearing; and further, That a copy of this resolution be forwarded to the 4 local area MP's, 3 local area MPP's, the Federation of Canadian Municipalities and the Association of Municipalities of Ontario. COUNCIL MINUTES MARCH 19, 2001 - 99 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - That the formation of a group insurance pooling arrangement between the Golden Triangle municipalities not be pursued due to the inability to achieve significant cost savings. That Fire Station #3 at 15 Ottawa Street North, described as lots 32, 33, 34 and 44, Plan 316 and consisting of 0.04 acres together with buildings and other land improvements, be declared surplus to the City's needs; and further, That the City Solicitor be directed to dispose of the site with all Offers to Purchase to be presented to Council for consideration. That Council take no action to oppose the application for a liquor licence by Frankie's Pub & Eatery for the main floor, 273 King Street West, based on the applicant agreeing to the following: That the applicant agree to voluntarily request the following conditions be added to its liquor licence: The applicant shall: 1. post, in a conspicuous space, the Downtown Licensed Establishments Code of Conduct; and, notify the Clerk of the City of Kitchener of any applications to change the licence, in writing and at the time the application for the change is made to the Alcohol and Gaming Commission. Furthermore the applicant agrees to the following (which will not be part of the liquor licence) and understands that the City's non-objection to the issuance of its licence is based on the agreement and continued compliance: The applicant shall: a) abide by the Downtown Licensed Establishments Code of Conduct; b) become a member of the Kitchener Downtown Business Association's License & Entertainment Committee and attend its meetings; c) agree to set a 50% monthly ratio of alcohol sales to gross sales (including food and other sundries) as set out in its application (in other words, alcohol sales will be limited to 50% of gross sales); and, d) not expand the licensed establishment without the consent of the City's Council. HERITAGE KITCHENER- That Council not accede to the request of Monarch Construction to reduce the width of the visual easement, to be located in Draft Plan of Subdivision 30T-95018, from the 50 foot width contained in the policies of the Upper Doon Heritage Conservation District Plan, and as approved in the Wyldwoods Neighbourhood Heritage Impact Assessment, prepared by Nicholas Hill, Architect/Planner and Green Scheels Pidgeon Planning Consultants, dated November 1996 and revised June 1997. (Dealt with under Delegations and action deferred and referred to a future meeting of the Planning and Economic Development Committee for its consideration in conjunction with other responses to the request of Monarch Construction Limited to modify the original application respecting Subdivision Agreement 30T-95018) COUNCIL MINUTES MARCH 19, 2001 - 100 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER - (CONT'D) That Council be advised that it is the opinion of Heritage Kitchener that those lots and parts of lots on proposed Buerkle Court, Draft Plan of Subdivision 30T-95018, which are within the boundary of the Upper Doon Heritage Conservation District, do not comply with the policies contained in the Upper Doon Heritage Conservation District Plan. (Dealt with under Delegations and action deferred and referred to a future meeting of the Planning and Economic Development Committee for its consideration in conjunction with other responses to the request of Monarch Construction Limited to modify the original application respecting Subdivision Agreement 30T-95018) PUBLIC WORKS AND TRANSPORTATION COMMITTEE (Meeting of March 5, 2001) - That the City of Kitchener endorse the Regional Municipality of Waterloo's 2001 Roads Capital Program; and further, That this approval does not reflect specific endorsement of reconstruction work scheduled on Westmount Road and intersection improvements on Westmount Road at Glasgow Street, at this time. That the current three (3) hour time limit on the east side of Bankside Drive between Oprington Drive and Westforest Trail be replaced with a 'No Parking Anytime' parking prohibition; and further, That the Uniform Traffic By-law be amended accordingly. That a tender for emergency repairs to the Stoke Drive sanitary forcemain be awarded to the lowest bidder, J.G. Goetz Construction Ltd. with a report concerning the tender award being brought forward at the March 19, 2001 City Council meeting; and, That the consulting firm of Earth Tech (Canada) Inc. be retained to undertake a review of the system design; recommend measures to prevent future collapse of this line; and provide field review services during the pipe repair, at an estimated cost of $12,000. plus G.S.T.; and, That staff pre-order the necessary forcemain pipe and air release/vacuum valve appurtenances for installation by the successful bidder; and further, That funding for this work be provided from the Sewer Surcharge Fund in accordance with estimates submitted by staff on March 5, 2001. PUBLIC WORKS AND TRANSPORTATION COMMITTEE (Meeting of March 6, 2001) - That effective April 1, 2001 the supply price for the natural gas commodity be increased to 27.16 cents per cubic metre from 16.913 cents per cubic metre for system gas customers of the City of Kitchener. COUNCIL MINUTES MARCH 19, 2001 - 101 - 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 INTERIM CHIEF ADMINISTRATIVE OFFICER- 1. Licences i) Adult Entertainment Parlour Attendant Licences It was resolved: "That Chantal Buckle and Susan Corbiere, employed at 2271 Kingsway Drive, Kitchener, be granted 2001 Adult Entertainment Parlour Attendant Licences." - and - "That Deborah Moss, employed at 1127 King Street East, Kitchener, be granted a 2001 Adult Entertainment Parlour Attendant Licence." - and - "That Corinna Turner, employed at 280 Victoria Street North, Kitchener, be granted a 2001 Adult Entertainment Parlour Attendant Licence." 2. Execution of Enqineerinq A,qreement - Huron Woods West Industrial Development Servicinq It was resolved: "That the Mayor and Clerk be authorized to execute an agreement, dated January 26, 2001, for the provision of professional engineering services made between the City of Kitchener and MTE Consultants Inc., regarding the Huron Woods West industrial development servicing." 3. Consent to Mortqa,qe - 1760 Strasburq Road It was resolved: "That the City consent to two mortgages from J. T. Bakeries Inc.,. one to The Bank of Montreal and the other to John Tamming, In Trust, for the property described as Parts 1, 2, 3, 4 and 5 on Reference Plan 58R-12866, municipally known as 1760 Strasburg Road." 4. Extension of Licensinq A,qreement - Rail America Inc. It was resolved: "That the Mayor and Clerk are hereby authorized to sign an agreement with Rail America Inc. (formerly Canadian National Railway Company), to extend a licensing agreement to permit gas pipe crossings of the Goderich-Exeter Railway at the locations known as Mile 3.78 Huron Park Spur, and H.B. Mile 62.82, Guelph Subdivision, the term being from November 1, 1998 to October 31, 2008 and the total rental being $940.00 plus G.S.T. for the 10 year term." MARCH 19, 2001 COUNCIL MINUTES - 102 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 5. Execution of Quit Claim Deed - 52 Mansion Street It was resolved: "That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all the rights of the City contained in Instrument No. A-19681, as renewed by Instrument No. 1444510, Instrument No. 74621 and Instrument No. 486116, respecting Part of Lot 28, F. Gaukel's Survey, Registered Plan 379, being Part 3 on Reference Plan 58R-3888 and municipally known as 52 Mansion Street, Kitchener." 6. Addendum to Aqreement - Orion Technoloqies Inc. It was resolved: "That the Mayor and Clerk be authorized to execute an addendum to the agreement with Orion Technologies Inc., satisfactory to the City Solicitor, to provide for the ongoing maintenance and technical support of the Corporate Information Application System, now known as the OnPoint Enterprise System." 7. Various Tenders Dealt with under Delegations. Appointment - Council Representatives - 2001 Transportation and Environmental Services Project Teams Council was in receipt of correspondence from E. Orth, Regional Clerk, dated March 7, 2001, requesting a Council representative on the Fairway Road Extension and King Street East Widening project teams. It was resolved: "That the following members of Council be appointed as Kitchener's representatives to the respective Transportation and Environmental Services project teams: Councillor J. Ziegler - King Street East Widening (Sportsworld Drive to Hwy. 401 ); Councillor B. Vrbanovic- Fairway Road Extension (Zeller Drive to Regional Rd. 17)." 9. Sale of Raffle Tickets - Canadian Red Cross Society Council was in receipt of Corporate Services Department report CRPS-01-030 (J. Koppeser), dated March 5, 2001, recommending approval of the request of the Canadian Red Cross Society. It was resolved: "That the City of Kitchener has no objection to the Canadian Red Cross Society, Ontario Zone, 5700 Cancross Court, Mississauga, Ontario, L5R 3E9, being granted permission to sell tickets in the City of Kitchener for draws to be held from June 14, 2001 to June 28, 2001, at the KPMG Office, 500-200 Consumers Rd., Willowdale, Ontario." 10. TaR Request - Canadian Cancer Society Council was in receipt of correspondence from B. Robinson, Chairman, Air Cadets' Scott Wilson Tag Day for Cancer, Canadian Cancer Society, dated March 5, 2001, requesting permission to conduct a Tag Day on April 21, 2001 at specified locations. MARCH 19, 2001 COUNCIL MINUTES - 103 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 10. TaR Request - Canadian Cancer Society - (Cont'd) It was resolved: "That Council grant the request of the Royal Canadian Air Cadets - Scott Wilson Tag Day for Cancer for permission to request donations on behalf of the Canadian Cancer Society at the following locations on Saturday, April 21, 2001, as outlined in correspondence from B. Robinson, dated March 5, 2001; · King Street- between Ontario Street and Frederick Street; · Ontario and Queen Streets - within one block of either side of King Street; · Scott and Frederick Streets- outside the Kitchener Farmers' Market entrances; · Outside the Kitchener Memorial Auditorium Complex." 11. Property Standards Enforcement - 18 Madison Avenue North Council was in receipt of Business and Planning Services report BPS-01-038 (L. Dunn/B. Wolfe/J. Witmer), dated March 2, 2001, recommending consideration of a by- law authorizing interior property standards repairs. It was resolved: "That City Council consider a by-law at its meeting of March 19, 2001, authorizing interior property standards repairs to 18 Madison Avenue North, if the work has not been completed by the owner on or before March 16, 2001; and further, That the above by-law be read a first and second time and stand referred to Council this date for third and final reading and numbering by the Clerk." 12. Sale of Raffle Tickets - The Lunq Association Council was in receipt of Corporate Services Department report CRPS-01-035 (J. Koppeser), dated March 14, 2001, recommending approval of the request of The Lung Association. It was resolved: "That the City of Kitchener has no objection of The Lung Association, 201-573 King Street East, Toronto, Ontario, M5A 4L3, being granted permission to sell tickets in the City of Kitchener for a series of draws to be held from July 23, 2001 to August 3, 2001 at the KPMG Offices, 200 Consumers Road, Suite 500, Toronto, Ontario." 13. Sale of Raffle Tickets - Canine Vision Canada Council was in receipt of Corporate Services Department report CRPS-01-036 (J. Koppeser), dated March 14, 2001, recommending approval of the request of Canine Vision Canada. It was resolved: "That the City of Kitchener has no objection to Canine Vision Canada, 152 Wilson St., Oakville, Ontario, L6J 5E8, being granted permission to sell tickets in the City of Kitchener for a draw to be held on June 29, 2001 at Canine Vision Canada, 152 Wilson St., Oakville, Ontario." COUNCIL MINUTES MARCH 19, 2001 - 104 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 14. Offer to Sell - Huron Road Construction Council was in receipt this date of Legal Department report LEG-00-027 (G. Melanson), dated March 19, 2001, recommending acceptance of an Offer to Sell lands for the purpose of road widening. It was resolved: "That Council accept the Offer to Sell dated March 12, 2001 for the purpose of road widenings, from Janice Margaret Greig and William Roger Greig, with respect to Parts 29 and 30 on Reference Plan 58R-12556."