Loading...
HomeMy WebLinkAboutCouncil Minutes - 1999-11-15COUNCIL MINUTES NOVEMBER 15, 1999 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillor M. Yantzi who was in attendance for part of the meeting. The meeting began with the singing of "O Canada" by the Grade 7 & 8 Choir from A.R. Kaufman Public School, under the direction of Mr. Nestor Shartun. Councillor C. Weylie thanked the Choir for its rendition of the National Anthem. On motion by Councillor G. Lorentz, the minutes of the regular meeting held November 1, 1999, and special meetings held November 1 and 8, 1999, as mailed to the Mayor and Councillors, were accepted. Mayor C. Zehr spoke of the recent passing of former Mayor Sid McLennan, noting his extensive service to the community as an Alderman and former Mayor of the City of Kitchener. Moved by Councillor B. Vrbanovic Seconded by Councillor T. Galloway "That this Council express its deep sense of loss over the recent passing of Sid McLennan who served the Citizens of Kitchener as Alderman for the years 1953-1956, 1958, 1960 and 1963 -1965 and as Mayor from 1968-1974. His contribution to the community will be long remembered and his passing mourned by all who knew him; and further, That this Council extend its sincere sympathy to his bereaved family." Carried Unanimously. Those in attendance then rose and observed a moment of silence in memory of Sid McLennan. COMMUNICATIONS - NIL 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. Councillor T. Galloway questioned whether the tender for natural gas water heaters includes a requirement for emergency service during evenings and weekends. Mr. E. Kovacs responded that the specifications require the dealer to be available for emergency calls. He also noted that there are some City staff available. Mr. Kovacs advised that inadequate response times would be taken into consideration in the next specification. Councillor Galloway questioned whether the same service response level would apply to owners who decide to rent and was advised that the same service would be provided to new appliance customers. Councillor J. Haalboom referred to Proposal P99-098, with respect to past infractions. Mr. Kovacs responded that dealers are monitored with respect to the number of infractions. Councillor J. Ziegler advised that Expression of Interest E99-078 (Consultant Services - Graphics and Branding Specialist) has been withdrawn from the agenda. Councillor Jake Smola referred to Expression of Interest E99-082 with respect to preparation of electrical specifications. Mr. L. Gordon advised that the services are project specific and the City calls upon the contractor when staff cannot do work projects under $5,000. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That Expression of Interest E99-081, Consultant Services - Preparation of HVAC Specifications, be awarded to Demaiter Engineering Inc., Waterloo for a two year period commencing December 1 st, 1999 and terminating November 30th, 2001 ." - and - "That Expression of Interest E99-082, Consultant Services - Preparation of Electrical Specifications, be awarded to Mighton Engineering Ltd., Kitchener for a two (2) year period COUNCIL MINUTES NOVEMBER 15, 1999 - 481 - CITY OF KITCHENER commencing December 1 st, 1999 and terminating November 30th, 2001 at an estimated cost of $20,000." - and - "That proposal P99-097, Rental Natural Gas Water Heater Installation, be awarded to Columbia Mechanical Services Inc., Waterloo, Delta Inc. , Kitchener and A.B. Mechanical, Waterloo at their proposed unit price schedules for a period of one (1) year commencing November 16th, 1999 and terminating November 30th, 2000 at an estimated cost of $530,000." - and - I ve ,2000. Primary Heating Leads - Dunn Heating and Air Conditioning, Waterloo; Cronin-Emery Mechanical Ltd., Waterloo; Delta Air Systems Ltd., Waterloo; Bast Burners and Appliances, Waterloo and Overland Plumbing & Heating, I,(itchener. Secondary - Conestogo Mechanical Inc., I,(itchener; A.B. Mechanical, Waterloo; Best Value Mechanical, Heidelberg; Columbia Mechanical Services, Waterloo and Reitzel Heating, Waterloo. Primary - Fireplace Leads, Secondary Heating Leads - Bast Burners, Waterloo and Accent Heating & Cooling, Kitchener.' Carried. Fire Chief J. Hancock introduced Firefighter Marc Auger who was awarded the OPP Commissioner's Citation for Bravery. Fire Chief Hancock advised of the rescue of two men from a fire by Mr. Auger, while off duty near Wasaga Beach. Mayor C. Zehr then read the Citation and congratulated Mr. Auger on behalf of Council and the community, stating that the City and the community were fortunate to have him on staff. Ms. Maryanne Wasilka was in attendance to address City fees, which she believes discriminate against children. She stated that the fees are a barrier to program accessibility, specifically swimming fees and informed Council that she would be submitting a complaint to the Human Rights Commission based on the swimming fees. It was pointed out to Ms. Wasilka that the City offers subsidies for those who cannot afford the fees. Upon questioning, Ms. P. Houston advised that the pools are subsidized by all taxpayers, and Mr. D. Daly advised that, in 1998, 1,000 people were subsidized at a cost of approximately $20,000. Messrs. Ed Stevenson and Ray McCormick were in attendance to further discuss their concerns previously raised, at the Council meeting of November 1, 1999, regarding the Kitchener Minor Hockey Association and Clause 5 of the Community Services Committee report of this date. Each gentleman reviewed their position on their situation with the Kitchener Minor Hockey Association and their opinion that they have been unfairly treated as well as not received a fair hearing. They each expressed the opinion that they believed the Association has broken its own constitution and by-laws, as well as external laws. Mr. McCormick also spoke of humiliation to his family. The delegation asked Council not to adopt Clause 5 of the Community Services Committee report and requested that a third party be formed to review the situation. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That Clause 5 of the Community Services Committee report be adopted." Councillor T. Galloway stated that he did not doubt the sincerity of the delegations; however, Council does not sit in judgment of decisions of volunteer organizations. He noted that Council supports many organizations through the grant process but cannot judge their actions, as they have their own constitutions and regulations. He suggested that the delegations have two options; one is to pursue the matter through the courts and the second is to have individuals get directly involved with these COUNCIL MINUTES NOVEMBER 15, 1999 - 482 - CITY OF KITCHENER organizations as they are democratic and hold general meetings. Councillor Galloway noted that the City could not afford to get politically involved; as these organizations are run by Boards of Directors, who would resign in mass if the City intervened, and the City could not afford to run them with paid staff. Councillor Galloway stated that he felt there were principles at stake, not considering the merits of the delegations' request. Councillor J. Ziegler stated that he agreed with Councillor Galloway that to intervene now would be like changing the rules after the fact. He stated that, in no way is the Committee recommendation ruling on the merit of the claims of the delegations. Councillor G. Lorentz advised that he agreed with the positions of Councillors Galloway and Ziegler. He advised that he was aware of the incident from the beginning and aware of the procedures from the start. He stated that the City has done all that it could, and that staff have looked to see if the organizations funded by the City have rules on how to deal with these types of complaints. He stated that he hoped the delegations would find a solution but that this Council was not the appropriate body to deal with the matter. Mayor Zehr stated that he had met with both parties and looked at the information. He noted that the connection with the City is that the City funds the KMHA organization, and it was not appropriate for Council to discipline the organization. He stated that it was very regrettable that the situation has come to this point but unfortunately Council is not in a position to do anything. The motion to adopt Clause 5 of the Community Services Committee report this date was voted and Carried. Ms. Sharon Mitic, Chair of the Women's Committee, Waterloo Regional Labour Council, was in attendance to request Council's endorsement of a resolution regarding a national childcare program. She thanked Council for this opportunity and read from her written submission on the needs for a universal not-for-profit national childcare program. Ms. Mitic explained why she felt that a national child care program was necessary and read the last clause of the resolution which Council was being requested to endorse. Councillor B. Vrbanovic stated that he thought Ms. Mitic had addressed a very important issue. He questioned whether the Labour Council had taken a stand on the broader family policy support issues and he indicated it was his view that this needs to be part of a larger component including addressing the needs of parents who stay home to look after their children. Councillor G. Lorentz stated that this is a matter of provincial or federal jurisdiction and asked whether support is being requested from other municipalities. Ms. Mitic stated that this is being done as a national effort and agreed that Council's support in this regard would provide needed support. Councillor G. Lorentz put forward a motion, seconded by Councillor John Smola, to support the resolution requested by the Labour Council. Councillor T. Galloway stated that he felt the Region has the resources and would be the appropriate level of government to indicate support. Councillor John Smola stated that he was in total support of the resolution and suggested that those members of City Council on Regional Council could take this forward. Councillor Jake Smola disclosed a pecuniary interest and abstained from all voting and discussion of the proposed Labour Council motion as his wife is employed by a childcare service. Councillor K. Taylor-Harrison stated that she supported this initiative and thanked the delegation for bringing the matter to Council's attention. She commented that there was a societal crisis with respect to children and this kind of program was part of a long-term solution to prevention of crime. Councillor J. Ziegler commented that he felt this initiative had merit, noting that it is a federal issue and suggested a change in wording of the last paragraph of the resolution to replace the words "to bring in" with the words "to consider". Councillor John Smola advised that he would not accept the change in wording as a friendly amendment. Councillor G. Lorentz stated that he felt there were a lot of people who rely on childcare and to have adequate childcare is a must. Further, he did not see the resolution as a demand but of suggesting concern. Councillor Lorentz then suggested that this resolution be sent to other municipalities as well. A brief discussion took place with respect to Council's established procedure in this regard and it was agreed that the resolution would be forwarded to local MPs, the Federation of Canadian Municipalities, the Association of Municipalities of Ontario, and municipalities in the Region of Waterloo. COUNCIL MINUTES NOVEMBER 15, 1999 - 483 - CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor John Smola "WHEREAS in 1993, the Liberal Party pledged to create 50,000 new child care spaces which never materialized; and, WHEREAS less than 8.4% of children in need of child care have access to regulated child care spaces; and, WHEREAS child care has reached a crisis point and our children are being seriously affected; and, WHEREAS statistics link child poverty with the lack of quality child care; and, WHEREAS a 1998 study revealed that for every dollar invested in high quality child care, there is a $2.00 benefit to children, parents and society; and, WHEREAS the Quebec government has implemented a universal program with a cost to parents of only $5 a day; and, WHEREAS early childhood development through access to high quality, not-for-profit, licensed child care could be implemented under the February 1999 Social Union Framework Agreement; THEREFORE BE IT RESOLVED that the City of Kitchener supports a call on the Federal government to bring in a comprehensive early childhood development service that includes a universal not-for-profit national child care program; AND FURTHER, that this resolution be forwarded to local MPs, the Federation of Canadian Municipalities, the Association of Municipalities of Ontario and all municipalities in the Region of Waterloo." Carried. Recorded Pecuniary Interest and Absention: Councillor Jake Smola as his wife is employed by a childcare service. Mayor Zehr noted that Mr. G. Kett was in attendance with respect to Clause 3 of the Community Services Committee report. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That Clause 3 of the Community Services Committee report be adopted, subject to consideration of the request of Councillor J. Haalboom for a further amendment to Municipal Code Chapter 210 (Cemeteries) with respect to photographic images on upright granite markers." Members of Council had been provided with a written submission from Councillor J. Haalboom along with a report from Mr. G. Kett, Manager, Cemetery and Golf Course Operations, dated November 9, 1999. Mr. Kett advised that this matter of photographic images on granite upright markers had been dealt with individually on a specific request and was approved for a test period. Staff feel that the best way to deal with the matter is through an exemption to the by-law. Councillor Haalboom agreed that she would be willing to look at an exemption in this regard. Mr. Kett explained that staff would prefer to deal with the request as an exemption and work out an agreement to try this process for a fixed period of time. He noted that staff remain unconvinced with respect to this process and they are concerned with the lack of longevity of the process. Councillor Haalboom noted that there has already been a trial period, which she felt had been successful. She stated that she would not agree to a trial period and that she was looking for a change in the by-law or an exemption for this request. COUNCIL MINUTES NOVEMBER 15, 1999 - 484 - CITY OF KITCHENER Councillor Galloway stated that he felt Council should not have a perpetual responsibility for maintenance in this regard and that if someone wanted to use this process, the City should be released from their responsibility for perpetual care. Mr. Kett noted that staff would find that acceptable. Councillor B. Vrbanovic stated he had some concern as to why the City would have difficulty in approving this process if it has been done in other communities. He stated that he would be inclined to implement this on a permanent basis. He suggested approving the exemption for this particular request and asking staff to prepare a report with a recommendation to implement amendment to the By-law. On motion by Councillor J. Haalboom, seconded by Councillor T. Galloway it was agreed to amend Clause 3 of the Community Services Committee report of this date so as to grant a specific exemption to Municipal Code Chapter 210 (Cemeteries) with respect to the matter of photographic images on an upright granite marker, subject to the party executing a release satisfactory to the City Solicitor acknowledging that this matter is excluded from the City's perpetual care responsibilities. Clause 3 of the Community Services Committee report, as amended, was then put to a vote and Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor T. Galloway "That Parks and Recreation Department staff prepare a report for consideration by the Community Services Committee to amend Chapter 210 (Cemeteries) of the Municipal Code respecting adoption of a permanent policy on photographic processes being permitted on upright cemetery monuments. Carried· It was noted that Mr. C. Pigeon was in attendance with respect to item B.3 on the Committee of the Whole agenda, pertaining to an encroachment agreement involving 20 George Street. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the Mayor and Clerk be authorized to execute an encroachment agreement with the property owner(s) of Part of Lots 21, 35 and 36, Registered Plan 393, municipally known as 20 St. George Street, to permit the installation and maintenance of stairs, a pedestrian access ramp, landscaping and retaining walls which will encroach 4.4 metres, more or less, into the St. George Street road allowance." Carried· Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler "That the Planning and Economic Development Committee report be adopted. Councillor C. Weylie advised that staff have requested Clause 4 of the report be deferred. On motion by Councillor C. Weylie, seconded by Councillor J. Ziegler, it was agreed to defer Clause 4 to the November 29, 1999, Council meeting. Councillor Jake Smola referred to Clause 2 of the report dealing with the draft Grand River South Area 2 & 3 Community Plan Revision. He noted that at the conclusion of the Planning and Economic Development Committee meeting of November 8, 1999, he was asked to put his concerns in writing. He advised that he had not had an opportunity to do that but has met with Mr. J. Willmer of the Department of Business and Planning Services with respect to issues of airport protection area and non-potable water supply. Councillor Jake Smola also raised the issue of the disposition of surplus school sites suggesting that it was important to have Parks and Recreation staff come before the Community Services Committee to review the Parks Master Plan. He also requested that staff from Business and Planning Services, Parks and Recreation and Finance Departments deal with an Open Space strategy with respect to lost open space from lost school sites. Councillor Jake Smola then COUNCIL MINUTES NOVEMBER 15, 1999 - 485 - CITY OF KITCHENER asked that issues pertaining to the ESPA Idlewood Creek Drainage Area be referred to the Environmental Committee for comment. Councillor M. Yantzi entered the meeting at this point. Councillor T. Galloway spoke in support of some of the comments made by Councillor Jake Smola agreeing with the need for a new strategy for open space as the City has relied on school sites, which can not be done any more. He also supported the issue of gray water. He felt it was necessary to look at the open space issue through the community plan process, plans of subdivision as well as zone changes and asked that staff give some consideration to this issue on a city-wide basis. Mayor Zehr stated that he strongly agreed with the comments of Councillors Jake Smola and T. Galloway with respect to those issues of open space. Councillor J. Haalboom requested that section 1) of Clause 5 be voted on separately from section 2) as she had some difficulty with section 1) with respect to the reference to difficulties in financing the infrastructure. Mayor Zehr asked that with respect to section 2) of Clause 5 of the report, that it be kept in context that it is a long-term view beyond a 5 to 10 year horizon and not specific at this time. The report was then voted on clause by clause. Clause 4 - Action deferred and referred to the November 29, 1999 Council meeting. Clause 5 (1) - Carried. Clause 5 (2) - Carried. Balance of report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the Community Services Committee report be adopted." Voted on Clause by Clause Clause 3 - Dealt with under Delegations and Carried, as amended. Clause 5 - Dealt with under Delegations and Carried. Balance of report - Carried. Moved by Councillor Jake Smola Seconded by Councillor T. Galloway "That the Environmental Committee report be adopted." Councillor G. Lorentz commented that the recommendation was important but the biggest concern would be enforcement. He noted that sometimes City vehicles are still left idling and it should be up to staff to enforce and there should be procedures and consequences in place. Councillor Jake Smola advised that the Environmental Committee's recommendation was meant to rely more on public education and he asked for Council's support. A discussion took place with respect to enforcing the City's own requirements not to idle City vehicles and whether the incidents are reported and disciplinary action taken. The Environmental Committee report was then voted on and Carried. COUNCIL MINUTES NOVEMBER 15, 1999 - 486 - CITY OF KITCHENER Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That the Finance and Administration Committee report be adopted." Councillor G. Lorentz disclosed a pecuniary interest and abstained from all voting and discussion on the regulation of flyer and sample distribution as he is employed by Canada Post. On motion by Councillor J. Ziegler, seconded by Councillor K. Taylor-Harrison, it was agreed to amend Clause 6 of the report to request staff prepare a report recommending parameters of the mandate for the Ad Hoc Committee on Companion Animals Working Group for consideration by the Committee on December 6, 1999. The Finance and Administration Committee report was then voted on clause by clause. Clause 1 - Carried. Clause 6 - Carried, as amended. Balance of report - Carried. Recorded Pecuniary Interest and Abstention: Clause 1 - Councillor G. Lorentz as he is employed by Canada Post. Moved by Councillor J. Haalboom Seconded by Councillor T. Galloway "That the report of Heritage Kitchener (L.A.C.A.C.) be adopted." A discussion of Clause 3 took place with respect to the portal being requested on the Queen Street fagade of the original stone wall of the women's exercise yard. Councillor Haalboom noted that the Millennium Committee had asked for this and that Facilities Management staff at the Region advised that it would be possible. Councillor B. Vrbanovic advised that he sits on the Millennium Committee and questioned the practicality of a portal in the stone wall, noting that once the wall is cornpromised there would be limited future uses. Councillor Haalboom responded that there are a number of people on Heritage Kitchener who have reservations about this; however, the feedback from the Safe City Committee is that they are concerned about confinement and that there has to be an entrance and an exit. She noted that the recommendation has come forward because of the safety factor. Councillor Haalboom advised that the recommendation is to approve in principle because there still needs to be approval from the Region with respect to usage of the building, and there are a lot of other things which need to be considered first. Councillor T. Galloway noted that he had difficulty with Clause 2 of the report as the building (158 King Street West) has recently been purchased by the City with the intention of turning ownership over quickly and was concerned that the process being recommended would take considerable time. Councillor Yantzi commented that he was not certain that he wanted the building designated but that the fagade should be enhanced. Councillor J. Haalboom responded that his matter came to Heritage Kitchener through Economic Development staff and the Heritage Planner. She noted that for many years there has been a fagade study for these properties on King Street and since Council has control of the building, there is an opportunity to use it as a demonstration project. The Heritage Kitchener (L.A.C.A.C.) report was then voted on and Carried. Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That the Public Works and Transportation Committee report be adopted." COUNCIL MINUTES NOVEMBER 15, 1999 - 487 - CITY OF KITCHENER Councillor John Smola requested that Clause 5 of the Public Works and Transportation Committee report be withdrawn in light of the information contained in the November 15, 1999 correspondence from Mr. J. Gazzola. On motion by Councillor John Smola, seconded by Councillor B. Vrbanovic, it was agreed that Clause 5 was redundant and should be withdrawn from the report. Councillor J. Haalboom questioned the figure of $55M contained in the Public Works and Transportation Committee minutes (item 2) and the pumping station cost of $6M. Mr. E. Kovacs responded that the $55M was for discussion purposes only and was not in his report. He noted that funding for the majority of the costs would come from the development charges. The Public Works and Transportation Committee report was then voted on clause by clause. Clause 5 - Committee recommendation re- dundant and withdrawn as the transfer of Kitchener Transit to the Region to be dealt with this date in accordance with the details outlined in the November 15, 1999 correspondence of J. Gazzola Balance of report - Carried. Members of Council were in receipt of a report from Mr. J. Gazzola, Chief Administrative Officer, dated November 15,1999, recommending that Council acquiesce to the resolution of Regional Council relating to the transfer of the City's Public Transit Operating Licence, and providing background information in this regard. Councillor J. Ziegler indicated he was prepared to introduce a motion reflecting Mr. Gazzola's recommendation. Councillor John Smola advised that he agreed with Mr. Gazzola's report, stating that there are also issues which staff cannot deal with. He referred to the issue of Area Rating and stated that he felt the Region should provide details in this regard. He suggested that there are other options for funding the transit system. He also raised the issue of development charges collected by the City for the transit system. Councillor John Smola advised that a meeting was being held at the Region on November 18, 1999, and that he was looking for Council's support to raise these funding issues at the meeting. He suggested that the issues could then be dealt with by Committee on November 22, 1999, and Council on November 29, 1999. Mayor C. Zehr suggested that the matter could be dealt with at Committee on November 22, 1999, as he did not believe there would be a need for a special Public Works and Transportation Committee meeting on November 29, 1999. Moved by Councillor J. Ziegler Seconded by Councillor John Smola "That Kitchener City Council acquiesce to the resolution passed by Regional Council on Wednesday November 10, 1999, relating to the transfer of the City of Kitchener public transit operating licence; and further, That the Mayor and Clerk be authorized to execute the necessary documentation." Carried. Councillor J. Ziegler advised that he was willing to endorse Councillor John Smola's request for a motion to direct him to ask the Region for clarification on matters of funding operating and capital costs for the Regional transit system. He expressed concerns about the Area Rating and what would happen when other municipalities would take advantage of the new system. He was of the opinion that the capital expenditures should be the responsibility of the Region and should not be paid through the Area Rating. A brief discussion then took place with respect to the financial benefits Kitchener taxpayers might derive from having the transit system operated at the Regional level. Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That Kitchener City Council instructs Councillor John Smola to raise, with the Transit Transition Team, the following issues: COUNCIL MINUTES NOVEMBER 15, 1999 - 488 - CITY OF KITCHENER (a) (b) (c) (d) a detailed definition of Area Rating be outlined as to what it entails and associated costs; or alternatively, investigation of options for funding operational costs of the transit system, other than the Area Rating approach capital cost issues be dealt with on a Region-wide basis, not through Area Rating impact of development charges." Carried. Council was in receipt of a staff recommendation with respect to waiving conditions in the Offer of Purchase and Sale for 340 Fairway Road South, in which it is recommended that the City release Canuck Properties Ltd. and Fineway Properties Limited from their covenant to demolish the former fire hall. Councillor J. Ziegler put forward a motion to enforce the covenant and require the demolition of the fire hall as is contained in the agreement, which was seconded by Councillor G. Lorentz. A discussion took place with respect to the inadequate parking on the adjacent plaza property which was the reason for the purchase. Mayor C. Zehr questioned staff as to whether there was additional information with respect to parking required for proposed development at 340 Fairway Road South. Mr. J. Shivas responded that he did not have detailed information but there would be a shortage of parking spaces on that site that would require parking capacity be available from the adjacent mall. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That the City enforce the covenant with Canuck Properties Ltd. and Fineway Properties Limited to demolish the fire hall at 340 Fairway Road South during 1998 and establish a parking lot for the adjacent mall, as set out in their agreement of purchase and sale with the City, dated March 5 and 8, 1998." Carried. Mayor C. Zehr advised that Councillor B. Vrbanovic gave notice on November 8, 1999 that he would introduce a Motion for Reconsideration of Council's November 1, 1999 decision endorsing an 80/20 sharing of net revenues as a result of the Provincial Offences Act transfer from the Province, should Regional Council not support Kitchener Council's November 1, 1999 resolution or otherwise fail to resolve the matter. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Ziegler "That Council reconsider its November 1, 1999 decision endorsing an 80/20 Region/City sharing of net revenues as a result of the Provincial Offences Act transfer from the Province." Carried with required 2/3 majority vote of Council members present. Councillor Vrbanovic stated that he was satisfied the whole issue was resolved in order that the matter can move forward. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Ziegler "That the City of Kitchener agrees that 100% of the net revenues received as a result of the Provincial Offences Act transfer from the Province should remain with the Regional Municipality of Waterloo." Carried. Mayor C. Zehr questioned whether it was Council's understanding that it had approved execution of the inter-municipal agreement when this matter was considered on November 1, 1999. It was generally agreed, and confirmed at this time, that the Mayor and Clerk are authorized to execute said agreement on behalf of the City. COUNCIL MINUTES NOVEMBER 15, 1999 - 489 - CITY OF KITCHENER Councillor B. Vrbanovic questioned Ms. P. Houston with respect to the challenges facing the Finance Department with respect to tax and utility billings and the problems handling the volume of customer inquiries. Ms. Houston responded that there are two issues; the first being the delay in utility billings. She explained that there has been a realignment in the meter reading routes, which may change the billing times. In addition, the City is now sending out twelve bills per year rather than ten, for residential gas customers. To compound this, there have been some difficulties with the software. She noted that, to date, there have been some slight delays in billing. Ms. Houston confirmed that there have been a large number of calls concerning the utility bills and commercial tax bills. There have also been some staff issues to deal with, and they are in the process of filling vacancies, seconding staff and hiring additional temporary staff to handle the volume of calls. Councillor Vrbanovic suggested distributing a flyer which would explain each section of the bill and Ms. Houston responded that a flyer had already been distributed but it is being re-designed based on comments received. Councillor C. Weylie questioned pre-authorized payments, which Ms. Houston advised would be the next step in the new system and it would be in place in a couple of months. Councillor B. Vrbanovic spoke of Lennox Lewis' recent boxing title achievement and suggested a letter of congratulations be sent from the City. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That Council express its congratulations to Lennox Lewis on his recent World Heavyweight Boxing Championship win and that the Mayor send a letter in this regard." Carried. Councillor K. Taylor-Harrison noted that she recently had the pleasure of presenting Ms. Colleen Stewart, the Council Page, with a Partnership in Education Award. Councillor J. Haalboom raised the issue of the need for more police officers and questioned who decides when and where they are needed. Mayor C. Zehr responded that the Police Chief and the Police Services Board make those decisions. Several members of Council were in agreement with Councillor Haalboom and the question was raised as to whether it would be appropriate to pass a motion endorsing the hiring of additional police officers. Councillor J. Ziegler advised that the Police Services Board would welcome such a motion. He noted that there would be meetings on November 16, 1999, to discuss both the police budget and staffing needs and the public is welcome. Several Councillors spoke of successful partnerships with the police officers they had worked with. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Ziegler "That Kitchener City Council encourages the Waterloo Region Police Services Board to consider hiring additional police officers." Carried. Councillor Jake Smola noted that the Ottawa Street bridge is supposed to be open today and requested that appropriate thank you letters be sent from Council. Mayor Zehr advised that those letters are already being prepared. Councillor Jake Smola commented that in January or February of this year, the City granted an exemption of the City's portion of taxes to the Polish Veterans Club, the Royal Canadian Legion and the Army, Navy and Air Force Club. He asked that the City Clerk's Division forward these resolutions to other municipalities in Ontario and the headquarters of the Royal Canadian Legion. It was noted that the usual process is to pass on these resolutions is through the Association of Municipalities of Ontario and Councillor Jake Smola then requested that these resolutions be forwarded to the City of Hamilton, the Association of Municipalities of Ontario and the Headquarters of the Royal Canadian Legion. Councillor Jake Smola referred to a recent announcement by the Chamber of Commerce that they support a $40M airport expansion proposal and requested that the Mayor invite the Chamber of Commerce to attend a Council meeting to explain their proposal. He also noted that the co-existence of the airport with residential neighbours is a matter of ongoing review. Mayor Zehr advised that he COUNCIL MINUTES NOVEMBER 15, 1999 - 490 - CITY OF KITCHENER would invite them to attend a meeting of the Planning and Economic Development Committee and Councillor Jake Smola requested that they also be invited to attend the Economic Development Advisory Committee. Moved by Councillor John Smola Seconded by Councillor C. Weylie "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- Lydia Anton - Forwell Road. (b) Being a by-law to amend Chapter 210 (Cemeteries - Municipal) of the City of Kitchener Municipal Code. (C) Being a by-law to exempt certain lots from Part Lot Control - Part of Blocks 58, 61, 62 and 64, Registered Plan 58M-90 - Candle Crescent. (d) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of the City of Kitchener Municipal Code with respect to the property municipally known as 31 Cameron Street North, Kitchener. (e) Being a by-law to authorize the carrying out of the provisions of Chapter 650 of The City of Kitchener Municipal Code with respect to the property municipally known as 161 Ottawa Street South, Kitchener. (f) Being a by-law to further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (g) To confirm all actions and proceedings of the Council. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor G. Lorentz as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor G. Lorentz Seconded by Councillor K. Taylor-Harrison "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor John Smola Seconded by Councillor C. Weylie "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener --Lydia Anton - Forwell Road. (By-law No. 99-197) (b) Being a by-law to amend Chapter 210 (Cemeteries - Municipal) of the City of Kitchener Municipal Code. (By-law No. 99-198) COUNCIL MINUTES NOVEMBER 15, 1999 - 491 - CITY OF KITCHENER (C) Being a by-law to exempt certain lots from Part Lot Control - Part of Blocks 58, 61, 62 and 64, Registered Plan 58M-90 - Candle Crescent. (By-law No. 99-199) (d) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of the City of Kitchener Municipal Code with respect to the property municipally known as 31 Cameron Street North, Kitchener. (By-law No. 99-200) (e) Being a by-law to authorize the carrying out of the provisions of Chapter 650 of The City of Kitchener Municipal Code with respect to the property municipally known as 161 Ottawa Street South, Kitchener. (By-law No. 99-201 ) (f) (g) Being a by-law to further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 99-202) To confirm all actions and proceedings of the Council. (By-law No. 99-203) 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 NOVEMBER 15, 1999 - 492 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 1. That we approve the following in regard to the Downtown Lighting Design Study: i) That City Council concur that the evaluation of the Lighting Study demonstration projects confirms that the objective of the Lighting Design Study and the new street lighting standards to measurably improve the pedestrian night time environment in Downtown Kitchener has been met. ii) That accordingly, Council confirms its resolution of June 1, 1998, that the new street lighting standards are to be implemented exclusively in the Downtown in conjunction with road reconstruction projects, sidewalk replacements, or when existing equipment deteriorates to the extent that replacement is required (normal maintenance). iii) That fine-tuning of aspects of the fixturing design and the implementation process be undertaken in conjunction with City staff, suppliers and installers. iv) That further use of Zed fixtures be contingent upon the resolution of design issues by this manufacturer, failing which other supply options be investigated. v) That street reconstruction and remediation projects be designed and implemented to include lighting at intersections, rather than stopping prior to intersections. vi) That the Kitchener Safe City Committee monitor ongoing downtown street lighting projects, with respect to ensuring improvements in both the perception and reality of safety; including the undertaking of ongoing safety audits designed for such evaluation. That the draft Grand River South Area 2 & 3 Community Plan Revision dated November 4 1999 be tabled for information; and, That Planning staff be directed to make appropriate revisions in the draft Community Plan document, that reflect issues of concern raised and recorded in the November 8, 1999 meeting minutes of the Planning and Economic Development Committee; as well as any additional concerns if brought up at the November 15, 1999 Council meeting; and further, That Planning staff be directed to undertake a full public consultation process to review the updated draft Community Plan Revision. That Zone Change Application ZC 99/11/F/ZJ (Forwell Road - Lydia Anton) requesting a change in zoning from Hazard Land Zone (P-3) to Residential Three Zone (R-3) with special regulation provision 1R on lands legally described as Part of Lot 121, German Company Tract, more particularly described as WDR 64, in the City of Kitchener, be approved, in the form shown in the attached "Proposed By-law", dated November 4, 1999 as revised November 8, 1999 in regard to Clause #2, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. That the City accept the Offer to Purchase from Torbram Electric Supply Corp. for Part 4 Reference Plan 58R-5310. The parcel of land has an approximate area of 1.97 acres (.79 ha). The majority of the land is being sold at a price of $75,000 per acre, however, the rear sloped portion of the property will be discounted to $5,000 per acre. In this regard the total purchase price will be determined upon completion of a grading report; and further, That the Mayor and Clerk be hereby authorized to execute any other necessary documentation required by the City Solicitor. (Action Deferred and Referred to the Council Meeting of November 29, 1999) COUNCIL MINUTES NOVEMBER 15, 1999 - 493 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) That Council adopt the recommendations of the Economic Development Advisory Committee concerning short and long-term industrial land needs as follows: 1) That, in terms of meeting Kitchener's short-term industrial land needs, staff of the Business and Planning Services, Public Works and Finance Departments be directed to identify the available industrial land, infrastructure needs and required expenditures in order to bring lands on stream for development, realizing the difficulty of the private sector to finance some of the infrastructure, the Municipality also explore taking the lead on front-end financing and/or public/private sector partnerships. In particular, the Shirley Avenue extension, Huron Road realignment and any other related infrastructure requirements; and, 2) That, in terms of meeting longer term industrial land needs both for the City and the Region, Kitchener City Council request Regional Council, all Municipal Councils in the Region of Waterloo and Canada's Technology Triangle (CTT) to commence immediate consideration of a long-term regional Industrial Development Strategy for implementation as part of the Regional Official Policies Plan review in 2000. With such Industrial Development Strategy to include consideration of those lands at the north end of Cambridge extending to Provincial Highway 7. COMMUNITY SERVICES COMMITTEE - That the City of Kitchener supports the bid of Kitchener Minor Baseball Association to host the Ontario Midget Baseball Championships for a 5 year period from 2000 - 2004; and further, That the City provide a grant of $1,500.00 per year to sponsor the Opening Ceremonies Reception and Volunteer Recognition should the event be awarded to the Kitchener Minor Baseball Association. That the City of Kitchener re-enforces its support for a revised classification and fee structure for the Kitchener Farmers' Market that would move the Market to a break-even position over time; and, That the fees established to break-even be determined based on the premise that the Market would operate at 100% vendor capacity; and, That the vendors be placed in 1 of 4 classifications according to where they are located in the Market as follows: Upper Level, Lower Level, Garage and CooledEquipment; and, That new vendors pay on a per foot basis at the following rates: Upper Level - $1.50/foot/week; Lower Level - $3.50/foot/week; Garage - $3.20/foot/week; CooledEquipment - $6.50/foot/week; and, That all footage be measured in traveled aisles only and not include table or stand depth; and, That vendors operating prior to July 5, 1999 be grandfathered at their current rates (unless rates for new vendor categories are lower than the rate for current vendors); and, That future fee increases for grandfathered vendors shall be as follows: a) 2% over and above the annual inflationary increases approved by the City (for City- wide fee increases) until the rates are consistent with the new vendors in their classification; and, b) the total increase shall be capped at a maximum of 5% in any one year; and, That requests for additional space by grandfathered vendors will be charged out at the rate established for new non-grandfathered vendors; and, COUNCIL MINUTES NOVEMBER 15, 1999 - 494 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 2. Cont'd That vendors who book Garage spaces for less than 3 months be charged $6.50/foot/week; and further, That vendors who book Garage spaces for more than 3 months, but less than the full year, be charged a $100.00 reservation fee to reserve the space. That Chapter 210 of the City of Kitchener Municipal Code be amended in accordance with the draft by-law attached to a report dated November 2, 1999 from the Cemetery and Golf Operations Division to provide for the operation of the Williamsburg Crematorium and to effect minor revisions throughout the by-law; and, That staff be authorized to forward copies to the Registrar of the Cemeteries Regulations Branch; and further, That subject to the rights holder releasing the City of Kitchener from its obligation for perpetual care, in a form satisfactory to the City Solicitor; Council approve the request of Ms. S. MacLean for an exemption to Municipal Code Chapter 210 (Cemeteries) to permit the inclusion of a non- breakable poly material as an acceptable photographic process on the upright monument on Lot 495, Section B, Williamsburg Cemetery. (As Amended) That, for the 1999 - 2000 ice season at Civic Square Rink, the following Iogos be installed: a three events logo depicting Festival of the Night, Festival of Trees and Christkindl Market for the month of December, and a yet to be designed special logo celebrating the millennium for January and February. That no action be taken on the November 1, 1999 request of Mr. R. McCormick for the City to form a third party to review whether fair decisions had been rendered by the Kitchener Minor Hockey Association in respect to his activities as well as those of Mr. E. Stevenson with the Kitchener Minor Hockey Association. (Dealt with under Delegations and Carried) ENVIRON MENTAL COM M ITTEE - That the City of Kitchener Environmental Committee encourages the Citizens Advisory Committee on Air Quality to pursue the enforcement of vehicle idling with a view to having a Regional by-law enacted pertaining to the public at large. FINANCE AND ADMINISTRATION COMMITTEE - That Council approve, in principle, the draft by-law concerning flyer and sample distribution attached to the report of J. Koppeser, Manager of Licensing, dated November 2, 1999; subject to staff meeting with industry representatives; and further, That a final recommendation on the by-law to regulate flyer and sample distribution be deferred and referred to the Finance and Administration Committee meeting of December 6, 1999. That City Council consider a by-law at its November 15, 1999 meeting, authorizing the removal of waste material from 161 Ottawa Street South, at the property owner's expense, if this has not been done by the owner on or before November 13, 1999. COUNCIL MINUTES NOVEMBER 15, 1999 - 495 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) That City Council consider a by-law at its November 15, 1999 meeting, authorizing repairs to the exterior building at 31 Cameron Street North, at the property owner's expense, if this has not been done by the owner on or before May 31, 2000. That the organizing committee of Christkindl Market be granted permission to hold Christkindl Market at Kitchener City Hall and Civic Square on December 9 - 12, 1999, provided the necessary licence, including Health and Fire approval, is obtained. That the Utilities Division reorganization be approved, as presented in the organization chart attached to the report of E. Kovacs, General Manager, Public Works, dated November 3, 1999; and further, That the resulting increase in costs of $15,000 annually be reflected in the year 2000 Operating Budget. That the City of Kitchener participate with the City of Waterloo in a joint working group for the purpose of working on a joint tendedcall for proposal process for animal control when the current contract with the Kitchener-Waterloo and North Waterloo Humane Society expires on December 31, 2000; and, That the City of Kitchener appoint one member of Council, one staff member and one lay member to the joint working group; with these appointments to be made at Council's appointment meeting scheduled for Monday November 15, 1999; and further, That staff prepare a report, for consideration at the Finance and Administration Committee meeting of December 6, 1999, recommending parameters of the mandate for the Ad Hoc Committee on Companion Animals Working Group. (As Amended) HERITAGE KITCHENER (L.A.C.A.C) - That, pursuant to Section 43 of the Ontario Heritage Act, Council approved the request of the owner, Catholic Family Counselling Centre, to alter the designated property municipally known as 384-426 Queen Street South, located in the Victoria Park Area Heritage Conservation District, to construct a new three-storey office building as shown in the elevation drawings, prepared by Robert J. Dyck, Architect & Engineer Incorporated, as considered by Heritage Kitchener on November 5, 1999; and further, That the building be constructed of red brick with the base in charcoal cultured stone, with one over one windows, black shingles, brackets under the eaves, in accordance with the sample building materials and concept plan considered by Heritage Kitchener on November 5, 1999. That staff investigate the merits of designating 158 King Street West under the Ontario Heritage Act and making the sale of the property conditional on entering into a Heritage Easement Agreement with the City; and further, That consideration be given for either the City to make facade improvements to the building in keeping with the recommendations of The King Street Facade Study, or to make such improvement a condition of the sale of the property through the owner making a Facade Interior Loan Program application. That Council approve, in principle, of opening a portal on the Queen Street facade of the original stone wall of the Womens' Exercise Yard at the designated property municipally known as 73 Queen Street North (Governor's House and Gaol), to allow the proposed Millennium Garden to be visible from Queen Street. COUNCIL MINUTES NOVEMBER 15, 1999 - 496 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That draft recommendations as contained in the report dated November 2, 1999, from Mr. S. Gyorffy, Assistant General Manager, and the Ottawa Trunk Sanitary Sewer Capacity Evaluation Study, prepared Earth Tech (Canada) Inc., be received and tabled by the Public Works and Transportation Committee; and, That the Public Works Department be directed to present these reports to key stakeholders to receive and consider feedback; and, That these reports be given final consideration by the Public Works and Transportation Committee at its regular meeting held on either November 22, 1999 or December 6, 1999. That $70,000.00 be allocated to the Public Works Operations Division Year 2000 budget specifically for the development of a comprehensive technical training program for all field personnel. That all relined gas mains and services be replaced over a period of 10 years in conjunction with the Public Works Capital Works Program; and, That a new capital project be created specifically for the relined gas mains and services to be funded at $2,500,000.00 over 10 years; and, That the existing replacement gas mains project be continued at reduced funding of $500,000.00 over 10 years; and further, That leak surveys of relined areas on a semi-annual basis be continued and replacement strategy be adjusted, if required. That a 15 minute parking time limit be implemented on York Street, from a point 65 metres east of Union Street to a point 20 metres east thereof; and further, That the Uniform Traffic By-law be amended accordingly. That the Public Works and Transportation Committee hold a special meeting on Monday, November 29, 1999, commencing at 12:00 noon with the intent that the Committee immediately recess and meet in-camera to deal with personnel issues relative to the transfer of Kitchener Transit to the Region; and further, That following the in-camera meeting, the Committee reconvene to hold an advertised public meeting, commencing at 1:30 p.m. with delegations invited to be heard at 2:00 p.m. (Committee recommendation redundant and withdrawn as the transfer of Kitchener Transit to the Region to be dealt with this date in accordance with the details outlined in the November 15, 1999 correspondence of J. Gazzola) NOVEMBER 15, 1999 COUNCIL MINUTES - 497 - CITY OF KITCHENER COMMITTEE OF THE WHOLE 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." REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Location A.qreement (City Hall) - ROBOCOP, 3632172 Canada Inc. It was resolved: "That Council ratify and confirm Acting C.A.O.T. Brock Stanley's authority to sign the Location Agreement dated October 21, 1999 for the use of City Hall in connection with the television movie, Robocop: Prime Directives, by ROBOCOP, 3632172 Canada Inc." 2. Licences i) Refreshment Stand - Festival of Trees and Lights It was resolved: "That the City of Kitchener grant the request of the Festival of Trees Committee for permission to have M&M Meats operate a refreshment stand on November 27, 1999, at Kitchener City Hall, 200 King Street West, Kitchener, provided that the necessary Licence and Health and Fire approvals are obtained; and further, That the nominal fee of $10.00 be applicable." ii) Sale of Tickets - Knights of Columbus It was resolved: "That the City of Kitchener has no objection to the Knights of Columbus Father Funcken Council No. 1504, 110 Manitou Dr., Kitchener, Ontario N2C 1L3, being granted permission to sell tickets in the City of Kitchener for the Knights of Columbus Ontario State Council's raffle draws to be held at the International Plaza Hotel, 655 Dixon Road, Etobicoke, Ontario on May 20, 2000." iii) Massagist Licence It was resolved: "That Rachel Padelford who is employed at 1412 Victoria St. N., Kitchener, be granted a Massagist licence for the year 1999." 3. Encroachment A.qreement - 20 St. Geor.qe Street (Rockway-Victoria Ward) This item was dealt with under delegations. 4. Tenders This item was dealt with under delegations. Mr. G. Sosnoski, Deputy City Clerk, advised that there were two additional items for consideration, with respect to the Transit Media Network and Peoplesoft, Inc. COUNCIL MINUTES NOVEMBER 15, 1999 - 498 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 5. A.qreement - Transit Media Network A memorandum dated November 15, 1999, was distributed this date from L. MacDonald, Assistant City Solicitor. It was resolved: "That the resolution (Clause 8 of the Public Works and Transportation Committee report) adopted by Council on August 30, 1999, accepting the proposal presented by Images framebyframe Inc. and authorizing the execution of any agreements with Images framebyframe Inc. for the installation of their propriety equipment and to provide the new Transit media network on all transit buses be amended by deleting all reference to 'Images framebyframe Inc.' and substituting 'IT TV INC.'." 6. Amendment to Licensing Agreement - Peoplesoft, Inc. A memorandum dated November 15, 1999, was distributed this date from J. Shivas, City Solicitor. It was resolved: "That the Mayor and Clerk be authorized to execute an amendment dated October 6, 1999 to Addendure One to the Licence Agreement, both dated February 5, 1992, between the City and Peoplesoft, Inc. to replace the Time Entry Module with the Time and Labour Module."