HomeMy WebLinkAboutCouncil Minutes - 1999-01-18COUNCIL MINUTES JANUARY 18, 1999 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Mayor C. Zehr. The meeting began with the singing of "0 Canada" by the Ms. Yvonne Jarsch of the King School of Vocal. Councillor K. Taylor -Harrison, Acting Mayor, thanked Ms. Jarsch for attending and singing her rendition of the National Anthem this date. On motion by Councillor John Smola, the minutes of the regular meeting held December 14, 1998, and the special meetings December 14 and 18, 1998 and January 11, 1999, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (a) Letter dated January 5, 1999 from Elizabeth Witmer, M.P.P., Waterloo North, acknowledging receipt of Council's resolution of December 14, 1998 regarding the proposed new Highway #7 between Kitchener and Guelph. (b) Letter dated January 8, 1999 from Andrew Telegdi, M.P., Kitchener -Waterloo, supporting Council's resolution of November 2, 1998 regarding the abolition of nuclear weapons. Mr. R.W. Pritchard advised that Council was asked to consider a recommendation from the Legal Department dealing with MetroNet Communications Group Inc. which he read aloud. Moved by Councillor G. Lorentz Seconded by Councillor John Smola "That the Mayor and Clerk be authorized to sign a one-year memorandum of understanding agreement with MetroNet Communications Group Inc. to permit the installation of telecommunications equipment on City road allowancxes and other City -owned property, with such agreement to be satisfactory to the City Solicitor." Carried. Mr. L. Gordon, Manager of Purchasing, was in attendance to answer any questions concerning the tenders listed on the Committee of the Whole agenda of this date. Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic "That the Maintenance Agreement for the City's Rolm Model CBX 9000 and Redwood System be extended for one additional year with Norstan Canada Inc., London, Ontario at their tendered price of $47,978., plus G.S.T. and P.S.T." -and- "That Council waive the tendering process and award a service contract to FAB Industries, Burlington, Ontario for a period of one year at the negotiated price of $50,900., plus G.S.T. and P.S.T." -and- "That Expression of Interest E98-096, Marketing Consultant — Kitchener Utilities, be awarded to Quarry Integrated Communications Inc., Waterloo at an upset limit of $100,000." Carried. Mr. L. Bingeman appeared as a delegation in opposition to clause #1 of the report of the Environmental Committee of this date which recommends that the Council not support the proposed alignment, within the City of Kitchener, of the new Highway #7 project from Kitchener to Guelph. Mr. Bingeman expressed concern regarding the negative press that the new Highway #7 project has received and pointed out that businesses on the east side of Kitchener have been working with the Ministry of Transportation for many years to complete planning and undertake construction of the new highway. He pointed out that the new highway would actually reduce vehicle pollution by allowing uninterrupted flow of traffic in contrast to existing conditions. Further, he noted that the new COUNCIL MINUTES JANUARY 18, 1999 - 5 - CITY OF KITCHENER Highway #7 would provide Kitchener with an additional direct link to Highway 401 and enhance opportunities for greater regional economic development. He made reference to safety issues of existing Highway #7 given the volumes of traffic and acknowledged that he understood that environmental issues must be looked at. In this regard, he noted that the Ministry or Transportation has identified several environmental issues in its detailed planning and pointed out that the Grand River Conservation Authority has never objected to the highway project but has requested the opportunity to have further discussion with the Ministry of Transportation on the project. Moved by Councillor Jake Smola Seconded by Councillor T. Galloway "That clause #1 of the report of the Environmental Committee of this date be adopted." Councillor Jake Smola advised that Messrs. Brian Goudeseune of the Ministry of Transportation, Martin Scott of McCormick Rankin, Graham Vincent of the Region of Waterloo and Don Snow of the City of Kitchener had attended the January 13 meeting of the Environmental Committee to participate in discussion of the new Highway #7 project. Councillor Jake Smola advised that he was opposed to the Committee recommendation which does not support the proposed alignment in the City of Kitchener. He stated that it was his view that environmental issues have been addressed by the Ministry. He indicated that if the Committee recommendation was defeated he would propose a motion which would support the proposed alignment and call for a funding commitment from the Province to replace trees removed to construct the highway and request that parking facilities to accommodate car-pooling by commuters at either end of new Highway #7 be developed in Kitchener and Guelph. Councillor John Smola made reference to concerns of residents of the Bridgeport area of Kitchener and the benefits that the new Highway #7 would have including the provision of a second access for emergency vehicles to serve residents of the Bridgeport area. Councillor C. Weylie noted that the proposed Highway #7 project has been discussed for many years and the new roadway was needed for safety and efficiency purposes. In this regard, she referred Council to the contents of a letter dated January 18, 1999 from Ms. J. Jantzi, Director of Economic Development and Business Facilitation which strongly supports the project based on factors referred to in her correspondence. Councillor Weylie noted that a joint meeting of the Region's Planning and Culture Committee and Engineering Committee was being held on Wednesday, January 20 at 7 p.m. to hear presentations regarding the proposed new Highway #7. Councillor T. Galloway stated that he was opposed to the recommendation of the Environmental Committee. He commented that a number of interesting facts regarding the Highway #7 project had come out at the Environmental Committee meeting. In this respect he noted that two local Federations of Agriculture have both approved the alignment and that the Go Train alternative had been explored with the best case scenario being a 10% off-load of Highway #7 traffic volume. Further, Councillor Galloway stressed that the economic development aspect could not be overlooked and that there would appear to be opportunity to look at adjustments to the roadway in consideration of environmental issues. He noted that the road alignment within the City of Kitchener does not impact the environment except at the crossing of the Grand River and that this concern had been addressed with a previous shift that took place to allow for a crossing that has the least environmental impact. He summarized that it is was best to proceed with the road project given all of the elements under consideration. Councillor M. Yantzi indicted that he was in agreement with the Committee recommendation not to support the proposed alignment. He commented that it was time society started taking new directions and changing its habits as they relate to the automobile and its impacts. Councillor Jean Haalboom pointed out that comments have been made on the need to build new roads to alleviate traffic on existing roads but that once built, new roads quickly become clogged with traffic. She stated that an example of this situation was the Beltway in Washington. Councillor Haalboom stated that we must look for new solutions other than just road building and suggested that the Environmental Committee was looking at the big picture in this regard. Councillor G. Lorentz commented that he was satisfied that the Province was dealing with environmental concerns that have been expressed and that the process appears to have been followed in this regard. He suggested that anyone with outstanding environmental concerns should attend the January 20 meeting at the Region of Waterloo. Councillor B. Vrbanovic stated that he was opposed to the Environmental Committee recommendation on the basis that Council must look at all of the factors in play. Councillor J. Ziegler stated that he was opposed to the Environmental Committee recommendation but that it was his view that the new motion that Councillor Jake Smola JANUARY 18, 1999 COUNCIL MINUTES M CITY OF KITCHENER has proposed if the Committee recommendation was defeated is contrary to Council's December 14, 1998 motion. At the request of Councillor C. Weylie, a recorded vote was taken on the motion of Councillor Jake Smola, seconded by Councillor T. Galloway to adopt clause #1 of the Environmental Committee report. In Favour: Acting Mayor K. Taylor -Harrison and Councillors J. Haalboom and M. Yantzi. Contra: Councillors Jake Smola, J. Ziegler G. Lorentz, B. Vrbanovic, T. Galloway, C. Weylie and John Smola. Motion Lost. Councillor Jake Smola then introduced a motion, seconded by Councillor T. Galloway to support the proposed alignment within Kitchener of the new Highway #7 project and request the Ministry of Transportation to consider additional transportation modes, a tree planting program and commuter parking lots as part of the project. Councillor J. Ziegler raised concern regarding the motion now proposed by Councillor Jake Smola and the resolution approved by Council at its December 14, 1998 meeting wherein it endorsed the City of Waterloo resolution pertaining to Highway #7. Mr. R.W. Pritchard was asked for an interpretation in this regard and advised that it was his opinion the motion approved by Council on December 14, 1998 did not require reconsideration in order to allow for consideration of the motion proposed by Councillor Jake Smola. Following further discussion, and with agreement by Councillors Jake Smola and T. Galloway, a friendly amendment proposed by Concillor J. Ziegler was accepted that would provide for re -affirmation of the concern respecting Highway #7 outlined in Council's December 14, 1998 resolution. Councillor M. Yantzi questioned if the alignment of new Highway #7 in Kitchener pre -determined its alignment to the east of the Kitchener boundary, and Mr. Graham Vincent of the Region of Waterloo advised that the crossing point of the Grand River does influence alignment to the east and stressed that the analysis of the alternatives was a complex issue. Moved by Councillor Jake Smola Seconded by Councillor T. Galloway "That Kitchener City Council supports the proposed alignment, within the City of Kitchener, of the new Highway #7 project from Kitchener to Guelph; and further, That the Ministry of Transportation of Ontario be requested to consider additional transportation modes as a means to reduce congestion and improve movement between Kitchener and Guelph; and further, That the Ministry be requested to implement a tree planting program to replace trees removed during construction of the new Highway #7 within the City of Kitchener; and further, That the Ministry be requested to install adequately sized parking lots at each end of the newly constructed Highway #7 to facilitate car pooling by commuters; and further, That we reaffirm the concern respecting new Highway #7 outlined in our December 14, 1998 resolution to the Honourable Tony Clement, Minister of Transportation. " Carried. 1. Moved by Councillor Jake Smola Seconded by Councillor T. Galloway "That the report of the Environmental Committee of Council of this date be adopted." COUNCIL MINUTES JANUARY 18, 1999 - 7 - CITY OF KITCHENER Voted on Clause by Clause. Clause 1 - Dealt with under delegations and Lost on a recorded vote. Balance of Report - Carried. Ms. Tanya Guelch and Ms. Lesley Fisher appeared as a delegation in opposition to clause 3 of the Finance and Administration Committee report of this date which recommends no action on their request to provide an additional adult entertainment parlour location in the City that features male exotic dancers. Ms. Guelch described how it was intended to operate the parlour and stated that she considered the decision that the Committee made was unfair particularly given that an unused licence could be transferred to the location they proposed to use. She also commented that she did not accept both genders being grouped under Adult Entertainment Parlours. Accordingly, she asked that Council reject the Committee recommendation and approve their request. Councillor M. Yantzi noted that in Ms. Guelch's remarks she had referred to the fact that Adult Entertainment had a bad image and questioned why she made this comment. Ms. Guelch indicated that it was because such operations were generally not upscale as compared to the one they propose and that the operators would make it their business to keep a close eye on the staff that they employ. She stated that it was her desire to have an upscale Chippendale type club. Councillor T. Galloway clarified that the City does not issue licences rather it has a by-law that restricts locations by address and stressed that there were no licences that were transportable. In response to Councillor Jake Smola, Mr. J. Shivas indicated that the existing three locations could allow for male or female entertainment. Councillor Jake Smola commented on the favourable comments that had been received from the community since a previous adult entertainment operation ceased in his ward. Councillor B. Vrbanovic stated that he supported the Committee recommendation of no action and suggested that the delegation could approach existing operators and propose a mutually beneficial business relationship. Councillor T. Galloway stated that he also supported the Committee recommendation noting that the Council has dealt with previous requests in the past and consistently refused them. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That clause 3 of the report of the Finance and Administration Committee of this date be adopted." Carried. Ms. Deborah Rothwell appeared as a delegation on behalf of the Kor Arts Centre, 79 Joseph Street to present the contents of a letter dated January 4, 1999 from Ms. Erina Harris that was distributed with the agenda. She reviewed the history from the beginning of the Korova Cafe to the present and referred in detail to government grants that the organization has secured in support of their arts and recording activities. Ms. Rothwell advised that her purpose was to request Council's approval for the Arts Centre to remain at 79 Joseph Street pending the development of a draft agreement and its subsequent approval by the City. She noted that the need was to negotiate a new agreement but expressed concern that many of the issues the agreement may touch on cross departmental lines and suggested that Councillor M. Yantzi might work with an inter -departmental team to deal with these matters. Councillor G. Lorentz questioned what contacts the group had made with the K -W Art Gallery and Ms. Rothwell advised that they have been forming connections with the Gallery. Further, she clarified that they were asking for Council's agreement in principle to authorize use of the space as the old agreement with the Korova Cafe is no longer applicable. Moved by Councillor M. Yantzi Seconded by Councillor T. Galloway "That we support in principle the request of Ms. Deborah Rothwell on behalf of the Kor Arts Centre, 79 Joseph Street, for the group to continue utilizing this City -owned space in the short term pending development and execution of an agreement between the parties, and further; COUNCIL MINUTES JANUARY 18, 1999 - 8 - CITY OF KITCHENER That an inter -departmental team be established by the Legal Department along with Councillor M. Yantzi to develop and negotiate a new agreement for lease of 79 Joseph Street, and further; That prior to the matter being dealt with by City Council, the proposal be brought to the attention of the Arts & Culture Committee." Carried. Mr. Kevin Falesy appeared as a delegation in regard to clause 4 of the report of the Planning and Economic Development Committee dealing with the Highway #8 widening and in support of his correspondence dated January 15, 1999 that was distributed to City Council. Mr. Falesy indicated that he had attended a number of meetings concerning the Highway #8 project in the past and had clearly stated that it was his intention to continue living at his property on Ross Avenue and that he and also Mrs. Hill had no interest in having the Ministry of Transportation of Ontario acquire their properties as part of the Highway #8 widening project. As indicated in his letter, he was upset that a resolution had been passed by Committee that would call for the Ministry to purchase his property as well as the three remaining properties on Ross Avenue. He advised that he had discussed that matter with Councillor B. Vrbanovic and was advised that an amendment was now proposed to the Committee recommendation that would delete reference to his property and Mrs. Hill's and now grant approval to the Ministry to demolish five other residential structures. Councillor G. Lorentz pointed out that the Ministry of Transportation often acquires parcels of property involved with highway projects because of adverse effects and Mr. Falesy explained the rationale for his preference to remain living in his property. Councillor C. Weylie commented that it did not make much sense to ask the Ministry to purchase the two homes furthest away from the highway widening project that are closest to Weber Street. Councillor B. Vrbanovic provided a short history of the discussion that took place with the community and referred to a meeting that was held in July or August to discuss various issues. He advised that at a meeting the notion of possible purchase by the Province was discussed with the proviso that owners would make their own decisions should they be approached by the Province. Further discussion took place and in response to Councillor C. Weylie, Mr. Falesy indicated that he had not been made aware of a motion that was passed the Regional Engineering Committee in November relative to the project. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That clause 4 of the report of the Planning and Economic Development Committee of this date be adopted." Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That clause 4 of the report of the Planning and Economic Development Committee be amended so as to approve the demolitions requested by the Ministry of Transportation and ask the Ministry to negotiate purchase only of the properties at 35 and 40 Ross Avenue." Councillor T. Galloway stated that he still had concern regarding the long term viability of the four remaining residential properties on Ross Avenue. The motion of Councillor Vrbanovic to amend clause 4 of the Planning and Economic Development Committee report was then put to a vote and Carried. The motion of Councillor C. Weylie to adopt clause 4, as amended, of the report of the Planning and Economic Development Committee of this date was put to a vote and Carried. 2. 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." COUNCIL MINUTES JANUARY 18, 1999 - 9 - CITY OF KITCHENER Voted on clause by clause. Clause 4 - Dealt with under delegations and Carried, as amended. Balance of report - Carried. 3. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That the report of the Finance and Administration Committee of this date be adopted." Voted on clause by clause. Clause 3 - Dealt with under delegations and Carried. Clause 6 - Carried. Balance of report - Carried. Recorded Pecuniary Interest Clause 6 - Councillor B. Vrbanovic as his wife is employed by the City of Kitchener. 4. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee of this date be adopted." Carried. 5. Moved by Councillor J. Haalboom Seconded by Councillor T. Galloway "That the report of Heritage Kitchener (Local Architectural Conservation Advisory Committee) of this date be adopted." Councillor T. Galloway noted that clause 3 of the report represented a success story arising from private legislation which resulted in 108 Queen Street North not being demolished. The report was then put to a vote and Carried. 6. Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That the report of the Public Works and Transportation Committee of this date be adopted." Councillor G. Lorentz requested an update on the status of snow removal activity given the storms that have occurred in the last two weeks. Mr. E. Kovacs advised that in the last few days the priority had shifted from ploughing to cleanup and outlined the approximate City and Regional costs that have been incurred to date. He referred to the snow dump operations and noted that the capacity was driven by the rate of accumulation of snow and volumes being received from outside of the City's borders. To address the problem an additional site has been opened on Washburn Drive and the Hanson site has been temporarily closed. He stated that it was his intention to bring a report on the entire issue to a future meeting of the Public Works & Transportation Committee. Also he pointed out that the three Cities are discussing snow removal procedures on street cul-de-sacs. Councillor T. Galloway pointed out that the opening of the Washburn Drive site has resulted in increased truck traffic on Westmount Road and Mr. Kovacs noted that Westmount Road was a truck route, but efforts could be made to communicate a route preference to the truckers. Councillor C. Weylie COUNCIL MINUTES JANUARY 18, 1999 _10- CITY OF KITCHENER commented that the Regional Roads are designated truck routes only between 7 a.m. and 7 p.m. and Mr. Kovacs indicated he would look into the matter. The Public Works and Transportation Committee report was then put to a vote and Carried. Councillor J. Haalboom advised that in the near future, the Planning and Economic Development Committee will be considering a number of subdivision plans in the Doon-Pioneer Ward and requested that Planning staff prepare a report on how the City of Kitchener determines the boundaries of significant natural areas and establishes appropriate protective buffers around them and to include in the report a comparison with the policies of Waterloo, Cambridge, Guelph and Hamilton in this regard and bring the report to the Committee for its February 22 meeting. Councillor J. Haalboom tabled a proposed resolution regarding the Y2K problem as it relates to liability in that regard. She indicated once considered she would like the resolution circulated to municipalities and the Province of Ontario. Mr. R.W. Pritchard advised that it was the practice of Members of Council to give Notice of Motion for items of this nature and suggested consideration at the next Council meeting would be appropriate. Councillor J. Haalboom indicated she wished to give notice of her intention to introduce a motion dealing with the Y2K problem and liability issue in that regard at the February 1, 1999 Council meeting. Councillor T. Galloway asked that the Legal Department provide an opinion with respect to the content of the proposed resolution of Councillor Haalboom. Councillor B. Vrbanovic provided an update on the Opportunities 2000 Conference which he and Councillor Yantzi attended last week, pointing out that its purpose was to address the issue of poverty in the community. Councillor J. Haalboom questioned if the Region was acting on the issue of speed reduction as it relates to the intersection of Homer Watson Boulevard and Pioneer Drive. Mr. E. Kovacs advised that he understood the Region did not want to take any action until appropriate studies had been completed. Councillor Haalboom asked that Mr. Kovacs persist with Regional staff to move the matter forward. 7. Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend the City of Kitchener Municipal Code - Chapter 320 imposing a special charge on classes of buildings that impose or may impose a heavy load on the sewer or water system (b) Being a by-law to amend Chapter 584 of the City of Kitchener Municipal Code with respect to Refreshment Places (c) To confirm all actions and proceedings of the Council (d) Being a by-law to provide for a 1999 Interim Tax Levy and for the payment of 1999 Interim Taxes 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 Acting Mayor K. Taylor -Harrison, appointed Councillor John Smola as Chair. On motion, the Council rose from the Committee of the Whole and Acting Mayor K. Taylor -Harrison, occupied the Chair. COUNCIL MINUTES JANUARY 18, 1999 8. Moved by Councillor John Smola Seconded by Councillor G. Lorentz -11- CITY OF KITCHENER "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. 9. Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to amend Chapter 584 of the City of Kitchener Municipal Code with respect to Refreshment Places (By-law No. 99-2) (b) To confirm all actions and proceedings of the Council (By-law No. 99-3) (c) Being a by-law to provide for a 1999 Interim Tax Levy and for the payment of 1999 Interim Taxes (By-law No. 99-4) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned. ..................................................................................................................................................... MAYOR CLERK COUNCIL MINUTES JANUARY 18, 1999 -12- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE — 1. That the City accept three Offers to Purchase, as outlined in staff reports BPS#99/3; BPS#99/4 and BPS#99/5, from James McConnell in Trust for a company to be incorporated at a later date with respect to lands composed of Parts 13 and 14 on Reference Plan 58R- 5840; Part 5 on Reference Plan 58R-6714; and Parts 2, 37 47 57 & 7 on Reference Plan 58R-11564; having a total area of about 23.14 acres and a total purchase price of $1,294,500; and further, That the Mayor and Clerk are hereby authorized to execute any other necessary documentation required by the City Solicitor. 2. That the request of elocab Sonderkabel GmbH & Co. KG by its letter dated December 23, 1998 relative to the expiry of the option period set out in the Option Agreement dated March 28, 1996 between elocab Sonderkabel GmbH & Co. KG and The Corporation of the City of Kitchener to be extended from 12 o'clock noon on January 15, 1999 to 12 o'clock noon on February 22, 1999 for the lands described as Parts 1 and 3 on Reference Plan 58R-6949 in the Huron Business Park, be supported; and further, That the Mayor and Clerk are hereby authorized to execute any other necessary documentation required by the City Solicitor. 3. That the City accept the Offer to Purchase from Cameron Keller in Trust for a Company to be Incorporated for Lot 3C in the Lancaster Corporate Centre, better known as Parts 4, 5 & 6 on Reference Plan 58R-10893 save and except Parts 1, 2 & 3 on Reference Plan 58R-11437 and having an area of about .74 acres on Riverbend Drive for the total purchase price of $125,240; and further, That the Mayor and Clerk are hereby authorized to execute any other necessary documentation required by the City Solicitor. 4. 1) That City Council approve the request of the Ministry of Transportation to demolish the residential structures at 27, 33 and 39 Shantz Lane and 19 and 30 Ross Avenue as part of the Highway #8 widening project; 2) That City Council grant approval to the Regional Municipality of Waterloo to demolish the residential structure at 41 Ross Avenue as part of the Weber Street Widening project; 3) That the Ministry of Transportation for the Province of Ontario be requested to negotiate purchase agreements with those property owners interested in selling their properties, specifically the properties at 35 & 40 Ross Avenue, as a way to address their concerns surrounding impact on property values and quality of life from the noise, pollution and volume of traffic generated by the new expanded highway interchange. (Dealt with under delegations and carried, as amended) 5. That the payment of development charges for enlargements to existing industrial buildings of up to fifty percent of the gross floor area before the enlargement be calculated in accordance with Section 4 of the new Development Charges Act, 1997 (Bill 98). 6. That the City Wide Youth Issues Committee Status Report (BPS 98/157) of January 6, 1999 be received by Council for Information. 7. That Sandro Bassanese and Councillor Karen Taylor -Harrison be appointed as Co -Chairs of the Kitchener Safe City Committee. COUNCIL MINUTES JANUARY 18, 1999 -13- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - 1. That Council approve the expansion of the present Safe City Co -Ordinator position from 25% to 100% on a temporary basis, for a period of one year, and further, That this additional staff time be financed through the Capital Budget, and further, That a progress report be submitted for review in 6 months time and again during budget deliberations for the 2000 budget. FINANCE AND ADMINISTRATION COMMITTEE - 1. That no action be taken at this time to suspend the lottery licensing privileges of the K -W Junior Chamber of Commerce (Jaycees) due to ongoing problems with the filing of reports, but that the organization be placed on a further probationary period comprising two events (or approximately one month); and further, That if during the probationary period the organization fails to comply with the terms and conditions of their licence, in particular the filing of the necessary reports within fifteen days of the event, staff be granted the authority to invoke a three month suspension at their own discretion and without further approval by Council. 2. That staff investigate and report as to whether a member of Council can be appointed to sit on the Board of Directors of the Kitchener and Waterloo North Humane Society, and whether the Council representative can be appointed as a voting member; and further, That staff conduct an inspection of the kennel facilities provided under contract by the Humane Society and determine whether these conform to the terms of the existing contract, with a report in this regard to be tabled for consideration at the same time as the above. 3. That no action be taken on the request of Tanja Guelk and Lesley Fisher to amend Chapter 504 (Adult Entertainment Parlours) of the Municipal Code to provide an additional adult entertainment parlour location featuring male exotic dancers. (Dealt with under Delegations and Carried) 4. That the terms of reference for the Kitchener Downtown Advisory Committee be amended so as to reduce the number of Council members appointed to the Committee from five to three; and further, That Councillors K. Taylor -Harrison, B. Vrbanovic and M. Yantzi be appointed to the Downtown Advisory Committee for a term of one (1) year, expiring November 30, 1999. 5. That City Council approve the following appointments to the Kitchener Housing Inc. Board of Directors, namely: • Ms. Myra South and Mr. Fred Bishop for a term of three years expiring November 30, 2001; • Messrs. Ron Pallister and David Heintz for a term of two years, expiring November 30, 2000; and • Ms. Donna Billo and Ms. Kelly Gonslaves for at term of one year, expiring November 30, 1999. 6. That Council approve the revisions to Policy #II -184 (Tuition Assistance) as outlined in the report of S. Tranter dated January 6, 1999. 7. That $80,000.00 be added to the 1999 Capital Forecast for general rehabilitation and improvements to the ventilation system of the Idlewood Sewage Pumping Station, with these improvements to be financed from the Sewer Surcharge Fund; and further, JANUARY 18, 1999 COUNCIL MINUTES -14- REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT -D) CITY OF KITCHENER That the firm of Totten, Sims and Hubicki be retained to provide engineering services for the supervision of this work at an estimated cost of $7,500.00. 8. That $70,000.00 be provided in the 1999 Capital Forecast to purchase appropriate testing equipment, rescue and retrieval apparatus, and breathing apparatus to meet the needs of the Public Works and Transportation Department in complying with the Occupational Health and Safety Act, with funding to be provided from the Sewer Surcharge Fund. HERITAGE KITCHENER (L.A.C.A.C.) - 1. That Councillor J. Haalboom be appointed Chair of Heritage Kitchener for a term to expire November 30, 1999. 2. That Mrs. P. Wagner be appointed Vice -Chair of Heritage Kitchener for a term to expire November 30, 1999. 3. That, subject to John and/or Sherry Kellendonk becoming the registered owners of the property, pursuant to Section 33 of the Ontario Heritage Act we approve their request to alter the designated property known municipally as 108 Queen Street North (Sonneck House) by altering the colour scheme of the exterior of the building so that the exterior window trim, posts, porches, facia, soffits and frieze board will be painted "Renwick", the eaves, gutters and down spouts will be painted "Sandlewood", and further That the shingles be "Full -tone Brown" or the colour and type of shingles as 32 Gordon Avenue, all as considered by Heritage Kitchener on January 8, 1999. 4. That, with regret, we accept the resignation, of Ms. E. Heinrichs from Heritage Kitchener. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - 1. That parking be prohibited any time on the north side of Eagen Drive, from Highland Road to Queen's Boulevard, and further, That the Uniform Traffic By-law be amended accordingly 2. That the following parking prohibitions be approved, namely: Eastforest Trail North Side • from Highland Road West to a point 65 metres west thereof • from Bankside Drive to a point 51 metres east thereof • from Bankside Drive to a point 203 metres west thereof • from Victoria Street South to a point 65 metres east thereof Eastforest Trail South Side • from Highland Road West to a point 64 metres west thereof • from Bankside Drive to a point 50 metres east thereof • from Oliver Court to a point 34 metres east thereof • from Oliver Court to a point 55 metres west thereof • from the east leg of Wildlark Crescent to a point 14 metres east thereof • from Victoria Street South to a point 49 metres east thereof JANUARY 18, 1999 Westforest Trail Westforest Trail and further, COUNCIL MINUTES -15- CITY OF KITCHENER North Side • from Highland Road West to a point 55 metres west thereof • from Bankside Drive to a point 55 metres east thereof • from Bankside Drive to a point 51 metres west thereof • from the east leg of Hidden Creek Drive to a point 19 metres west thereof • from Victoria Street South to a point 111 metres east thereof South Side • from Highland Road West to a point 190 metres west thereof • from Westmeadow Drive to a point 34 metres west thereof • from Victoria Street South to a point 102 metres east thereof, That the Uniform Traffic By-law be amended accordingly. 3. That parking be prohibited any time on the south side of Clifton Road, between Arnold Street and Lancaster Street, and that a three (3) hour time limit be implemented on the opposite side of the street, and further, That the Uniform Traffic By-law be amended accordingly. 4. That parking be prohibited, from 8:00 a.m. to 6:00 p.m., Monday to Friday, on the north side of Spadina Road from a point 18 metres east of Queen Street South to a point 30 metres east thereof, and further, That the Uniform Traffic By-law be amended accordingly. ENVIRONMENTAL COMMITTEE - 1. That the Environmental Committee does not support the proposed alignment, within the City of Kitchener, of the new Highway #7 project from Kitchener to Guelph; and further, That the Ministry of Transportation of Ontario be requested to consider alternative transportation modes as a means to reduce congestion and improve movement between Kitchener and Guelph, rather than proceeding with the new Highway #7 project. (Dealt with under Delegations and motion lost on a recorded vote). 2. That the Environmental Committee endorse the format of the 'The H2 Plan: Design Symposium' as presented to the Committee on January 13, 1999 and appoint the following people as the symposium organization committee: • Brock Stanley • Laurier Proulx • Professor James Kay • James Moore 0 One additional Environmental Committee member COUNCIL MINUTES JANUARY 18, 1999 -16- CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS LISTED ON THE AGENDA — 2ND READING — It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER — 1. Renewal of Parking Lease - ROCKWAY-VICTORIA WARD It was resolved: "That the Mayor and Clerk be authorized to execute a lease from the Ukrainian Catholic Church of Transfiguration, dated January 1, 1999 to permit the City to use a part of its parking lot at 15 Michael Street for employee parking. The term is three years beginning January 1, 1999, the rent is $360.00 per month." 2. Kitchener Downtown Business Association - Appointments It was resolved: "That Mr. Brian Plouffe, Mr. Howard Marr and Mr. Manfred Conrad be appointed to the Downtown Improvement Area Board of Management for a term expiring November 30, 2000. Messrs. Marr and Conrad are completing the unexpired terms of Mr. Dave Mota and Ms. Audrey Wilson respectively." 3. Kitchener Utilities Conditional Sales Contracts - Delegation of Signing Authority It was resolved: "That Council Policy Resolution 1-338 be deleted in its entirety and replaced with the following: 1) That Council delegate to each of the City's Director of Utilities and Manager of Business Development, Utilities Division, the authority to sign conditional sales contracts, assignments thereof, and related documentation entered into by the City in connection with the City's Gas Furnace and Related Equipment Purchase Programme. 2) That Council delegate to each of the City's Director of Utilities, Manager of Business Development, Utilities Division, Director of Revenue, Director of Accounting and Manager of Revenue, the authority to sign documentation pertaining to the registration of security interests (or "liens") by the City in connection with the City's Gas Furnace and Related Equipment Purchase Programme." 4. Licenses It was suggested that consideration of an Adult Entertainment Parlour Licence for 1412 Victoria Street N, be deferred so as to obtain clarification respecting the licensee. i) Adult Entertainment Parlour It was resolved: "That Mr. Bradley Baumbach be granted an Adult Entertainment Parlour licence, for 2271 Kingsway Dr., Kitchener, for the year 1999." -and- COUNCIL MINUTES JANUARY 18, 1999 -17- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 4. Licenses (Cont'd) "That Malgorzata Deptulski be granted an Adult Entertainment Parlour licence, for Unit #7-280 Victoria St. N., Kitchener, for the year 1999." -and- "That consideration of issuance of an Adult Entertainment Parlour licence to Cheryl Zivkovic for 1412 Victoria Street N, Kitchener, for the year 1999 be deferred and referred to the January 25, 1999 Special Council meeting along with a staff report providing clarification with respect to the applicant and location." ii) Massagists It was resolved: "That the following massagists be granted a Massagist licence for the year 1999: Corinna Turner Carolina Garrido Tanya Cherryholme Bette -Joe Schlosser Dana Gardiner Tracey Sampson Cheryl Zivkovic Malgorzata Deptulski Alisa Blackmore Criselly Moreno -Garcia Dawn -Marie Miller Debra Christensen Valerie Currie Tammy Hoffman Brad Baumbach Rebecca Robb Kelly McAndrew." 5. Realty Tax Write Offs - ROCKWAY-VICTORIA WARD It was resolved: "That upon confirmation from the Fuel Safety Branch of the Ministry of Consumer and Commercial Relations (MCCR) and/or the Ministry of Environment (MOE) that the property municipally known as 373 Stirling Avenue South, and more specifically the below ground tanks, conform with provincial requirements, the City of Kitchener will write off all outstanding realty taxes attributable to 373 Stirling Avenue South which accrue up to December 31, 2001 or the date of the clearance documentation from MCCR and/or the MOE, whichever occurs first." -and- "That upon confirmation from the Ministry of Environment, that all contamination at 70 Borden Avenue South, Kitchener, has been cleaned up to their satisfaction, the City of Kitchener will write off all outstanding realty taxes attributable to 70 Borden Avenue South which accrue up to December 31, 2001 or the date of the clearance documentation from the Ministry of Environment, whichever occurs first." COUNCIL MINUTES JANUARY 18, 1999 -18- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER — (CONT -D) 6. Kitchener Mennonite Brethren Youth Group Councillor M. Yantzi questioned if the City's contractual arrangement with Williams Coffee Pub might be affected by the request. It was suggested that the Legal Department could make a determination in this regard and the issue be referenced in the recommendation. It was resolved: "That the City of Kitchener has no objection to the Kitchener Mennonite Brethren Youth Group distributing chili and hot chocolate in front of City Hall every Thursday night from 7:00 p.m. to 9:00 p.m. until the Spring provided all Health requirements have been met, subject to the City's Legal Department being satisfied that the undertaking would not contravene the City's contract with Williams Coffee Pub." 7. City of Toronto Bid to Host 2008 Summer Olympic Games It was resolved: "WHEREAS the Canadian Olympic Association at its regularly scheduled meeting held in Calgary on April 17, 1998 voted to grant approval to the City of Toronto's application to represent Canada's bid to host the 29th Olympiad in 2008 subject to the dictates of the International Olympic Committee Charter; and WHEREAS the City of Toronto Council on July 9 passed a motion to ratify the agreement between the Canadian Olympic Association and the City that detailed the terms required and outlined the mandate for the operation of TO -Bid, the organization authorized to present the Toronto bid for the Summer Olympic Games in 2008; and WHEREAS the Ontario Legislature on December 3, 1998 unanimously endorsed a Bill introduced by Morley Kells, the Ontario Olympics Commissioner, to support the City of Toronto's bid to host the 29th Summer Olympic Games and encourage participation by all of Ontario's communities in the bid proposal and subsequent presentation of the Olympiad; and WHEREAS the International Sports Federations representing the 140 athletic competitions and the IOC delegates who cast the deciding votes in 2001 will be influenced favourably by province -wide public support for the Toronto bid; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Kitchener endorses the tenets of support called for by the Bill entitled: An Act to endorse the proposed bid of the City of Toronto to host the XXIX Summer Olympic Games, and further that this Council agrees with the principles of "building a peaceful and better world by educating youth through sport practiced without discrimination of any kind and in the Olympic spirit, which requires mutual understanding with a spirit of friendship, solidarity and fair play" as described in the IOC Charter. The Council further agrees to have this endorsement joined to that of other jurisdictions as a display of provincial solidarity behind this universally acclaimed undertaking." COUNCIL MINUTES JANUARY 18, 1999 -19- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER — (CONT -D) 8. Fire Dispatch Agreement It was resolved: "That the Mayor and Clerk be authorized to execute an agreement dated December 7, 1998 with the City of Waterloo to provide fire dispatch service to Waterloo for a term of five years commencing September 1, 1996." 9. Tenders The tenders were dealt with under delegations.