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HomeMy WebLinkAboutCouncil - 2010-06-14 COUNCIL MINUTES JUNE 14, 2010 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of “O Canada” by Krystal Wolfe, King School of Vocal. On motion by Councillor J. Smola, the minutes of the regular meeting held May 17, 2010 and special meetings held May 17 & June 7, 2010, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE – (a) Letters dated May 13 & 21, 2010 from Premier D. McGuinty acknowledging receipt of Council’s resolutions concerning the ecoENERGY Retrofit Homes Program and the matter of coal-fired generation. Mr. Steve Bienkowski, CEO, Michael Lannan, President, Ted Scharf, Past President and members of the Board of Directors, Kitchener Rangers, attended to present a proposal for expansion of The AUD. + The proposal outlines expanded seating to approximately 3,000 seats, improvement to Team accommodations, fan comfort and will create a facility capable of hosting major events. Mr. Bienkowski advised that both a new facility and expansion of the current arena has been explored and the latter option meets the goals of the Team and is financially feasible for the Team to remain as the primary funder. The proposal does not call for decommissioning, allowing for preservation of the existing heritage building that will remain viable for at least the next 30 years. Mr. Bienkowski advised that a business plan has been prepared by the Kitchener Rangers, acknowledging that this was done in isolation and without consultation with the City; and presented an electronic illustration of a proposed expansion design concept. The plan provides for initial funding by the City, as off-set by funding from senior levels of government, in the form of debt to be financed and repaid with interest by the Kitchener Rangers through revenues from the expanded seating. The expansion proposal is estimated at $50M, with the debt to be repaid by the Kitchener Rangers estimated at $44M plus carrying costs. Mr. Bienkowski asked that the City review the Rangers’ business plan with the objective of support for the project being received to allow operation of the expanded facility as early as October 2012-2013. Councillor B. Vrbanovic questioned that having looked at both options of a new and/or expanded facility, if the proposed expansion is the Team’s preferred option. Mr. Bienkowski stated that the proposed expansion meets the intent of all goals and the business plan supports the Team’s financial ability to remain as the primary funder. He added that while the Team would support either option it is financially limited in what it can contribute toward this project. Councillor B. Vrbanovic noted that The AUD currently experiences difficulties with parking and questioned what thought has been given to this issue. Mr. Bienkowski stated that this will require a change in culture to which the concept identifies a shuttle system to be operated free of charge, to and from City parking garages under- utilized in the evening hours when Ranger events take place. He added that ultimately it is also envisioned to operate a shuttle system along the Light Rail Transit (LRT) route (King / Charles Street) should it be implemented. He added that other solutions, not identified in the plan, could be explored, citing an example of the potential to provide parking on the Centennial Stadium site should the facility at some time in future be considered no longer viable. Councillor Vrbanovic requested clarification of potential funding from senior governments. Mr. Bienkowski advised that discussions have been held with representatives of senior governments who have expressed support for the proposed expansion and have outlined programs that may be used to provide funding. Councillor G. Lorentz questioned what the delegation realistically sees Council doing over the next few months. Mr. Bienkowski stated that he would anticipate City staff collecting any additional information required for Council to make an informed decision. He noted that contractors have advised that construction would have to begin in the month of May to allow the Team to have access to the interior of the building by October, so that they do not miss a hockey season. He added that optimistically the Team would like to see construction started in May 2011. Councillor J. Gazzola requested clarification that the Team is satisfied to remain in the current facility based on proposed expansion and for which the Team is prepared to fund with cash flow assistance. Mr. Bienkowski confirmed the Team is satisfied with the proposal in that there are many advantages in remaining at the current location. In respect to funding, he reiterated that the Team plans to cover $44M and while it is expected the expansion will cost more, it is not anticipated to be significantly more. He added that 25% of the cost is attributed to re-construction of the roof system, with the total project cost estimated in the mid-$40M range, and contingencies of $10M built in, for a total of COUNCIL MINUTES JUNE 14, 2010 - 154 -CITY OF KITCHENER approximately $50M. The financial plan allows the Rangers to remain as the primary funding source and will require an initial contribution from the City on the basis of a repayment schedule. Councillor B. Vrbanovic questioned what staff would propose as the next steps. Mr. K. Baulk, Director of Enterprises, advised that further review of the business plan and consideration of provision for debt financing by the City is required. He added that operational issues also must be considered, as well as the impact to the surrounding neighbourhood and community at large. He suggested that the City should undertake a peer review, given the business plan has been prepared only from the point of view of the Kitchener Rangers rather than from a broader community perspective. He asked that direction also be given in respect to including the option of a new facility / location in the review. Mr. Baulk suggested that staff put together a work plan over the next two weeks with all steps included that will allow the City to undertake due diligence in consideration of this proposal. Councillor Vrbanovic inquired if it would be intended that the workplan as approved would then be considered over a number of months, and into the next term of Council. Mr. Baulk confirmed that this would be considered a long term project for which an appropriate timeline would have to be considered. Councillor Vrbanovic commented that the community may have a differing perspective in terms of expansion vs. a new facility, which if a new facility is desired is likely to result in higher costs. He requested clarification that the intent would be to have a right sized facility for the community with costs known at the outset. Mr. Baulk confirmed this would be appropriate if Council wishes to leave in the option of a new facility / location and same would form part of any future business plan presented for consideration. Mayor C. Zehr expressed the opinion that the advantages and/or disadvantages of a new facility / location and its long term operational needs should be part of the process and its ranking dealt with preferably at the beginning of the process, followed by details of a business plan, financing, operational issues, user impacts and any other issues that may warrant consideration. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz “That staff be directed to bring forward a work plan to the June 28, 2010 Council meeting, outlining a process for consideration of the Kitchener Rangers’ proposal for improved facilities, and which will include steps for evaluation of a preferred location (ie. new facility / location vs. expansion of The AUD); a business plan; financing; operational issues; user impact; and any other relevant matters.” Councillor Vrbanovic commented that he would envision a multi-phase process that would allow clarification of matters and subsequent direction of Council as needed, and which would move forward in an appropriate timely manner. Councillor J. Gazzola stated that while he could support the motion, he hoped that the work already completed by the Kitchener Rangers would be used as the basis on which to build and formulate a decision rather than starting a whole new process. Carried Unanimously. Councillor Vrbanovic’s motion was then voted on and Mr. Cap Cowan, Regional Shows Inc., attended to raise concerns regarding alleged copyright issues respecting The AUD’s use of “KW” in advertising and promoting Home Shows of other production companies. He noted that a business associate, Paul Connelly, was also in attendance concerning these matters, alleging he too is a victim of similar circumstance. Mr. Cowan stated that he is a self- employed producer of home shows and has used the abbreviation “KW” for many years. He advised that his concerns relate to show events becoming too large and fears City staff have become corrupt in their business practices as a result. Mayor C. Zehr cautioned Mr. Cowan that as his presentation is being made in a public forum he should refrain from identifying individual staff, as to do so is contrary to Council’s Rules of Procedure and if it was Mr. Cowan’s intent to speak to potential litigation matters, Council is not in a position to respond. Mr. Cowan acknowledged Mayor Zehr’s comments, advising that it was not his intent to do so this date. He reiterated that his issue deals with shows held at The AUD using his show name, “KW”, for Home Shows or any variation of shows thereof. He stated that in March 2009 he had approached City staff to do a show at The AUD but was rejected because of staff’s concerns with the Sportsworld COUNCIL MINUTES JUNE 14, 2010 - 155 -CITY OF KITCHENER site, which could potentially result in need of The AUD space to provide ice time for hockey programs. He advised that he is on a mailing list to receive promotional materials from The AUD and had received one showing an event to be held in September 2009 using the name he uses for his shows at Bingemans. He stated that his calls to staff were not returned and he had retained a lawyer who issued a “Cease and Desist” Order; however, the City ultimately went ahead with the event. He advised that the upcoming Fall show has been cancelled but the next two shows will go ahead, having been out-sourced to Ontario Marketing Productions Ltd. Mr. Cowan suggested that City staff is becoming involved in direct marketing of home shows of a private company and is protecting same from other shows. He stated that his business colleague was also a victim, having been rejected at The AUD and resulting in his event being held in Waterloo at RIM. Mr. Cowan stated that he has lost exhibitors to the larger shows, and asked that City staff be directed not to interfere with his shows and to cease using the abbreviation “KW” in their promotion of home shows. Mayor C. Zehr advised that Council has been kept apprised of correspondence between City staff and Mr. Cowan and asked if Council wished to take any action this date. No motion was forthcoming concerning this matter and Mr. Cowan was advised that the matter would be left with City staff. Mayor C. Zehr advised that a Notice of Intention to consider an amendment to the Development Charges By-law regarding parking development charges, was published in The Record on May 22, 2010; listed as Item B.3 on the Committee of the Whole agenda this date. No member of the public responded to an invitation extended by Mayor Zehr to speak to this matter. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic “That Financial Services Department report FIN-10-092 (Development Charges Parking Amendment Background Study), dated May 27, 2010 and prepared in accordance with Section 10 of the Development Charges Act, 1997, be adopted; and further, That the proposed Development Charge By-law Amendment be approved in the form attached to report FIN-10-092.” Carried. Mr. G. Stevenson, Planning Technician, presented additional information concerning Clause 8 of the Development and Technical Services Department report, dealing with the Donley Street Extension Block Plan and City-Initiated Zone Change Amendment ZC 10/03/COK/GS. Mr. Stevenson circulated this date a document, dated June 14, 2010, containing a position summary page and responses from directly affected property owners concerning this matter. He advised that letters were hand delivered June 8, 2010 to the 11 affected property owners asking for their comments and of those, 9 responses were received. He stated that of the 9 responses, 8 are opposed and one is in favour. Mr. Stevenson clarified the location of the last two properties listed on the position summary page, one of which was identified as Lot 54 on Plan 886, created by plan of subdivision and which has no legal street frontage; and the other, identified as Part Lot 23, Plan 384 and Part Block A, Plan 886, a triangular shaped parcel at the existing terminus of Donley Street. Both parcels are vacant with no identifying street number. Councillor G. Lorentz questioned what options the City has if a decision is made not to proceed with the Block Plan given the majority of landowners are opposed. Mr. Stevenson responded that Council could chose not to adopt both the Block Plan and zone change; or, could adopt the Block Plan by resolution only as a record of intent and not proceed with the rezoning. Mr. Robert Tjart, attended on behalf of the property owner of 242 Kehl Street, advising that this property owner is reliant on the investment made in the property to finance retirement years. He stated that the Block Plan will not achieve the objective of infill or affordable housing, nor the needs of this property owner. He advised that a significant portion of the subject property will be taken without financial compensation and will become landlocked, greatly diminishing its market value. He added that the Block Plan will not be implemented until all of the property is in the hands of the 11 property owners and is not economically viable as development will take years to come. He stated that 2 developers have expressed disinterest in development if the Block Plan is approved and another has now joined their position. He advised that he has had an appraisal done on the property and if the Block Plan is approved, the Realtor has suggested there will be a significant drop in the value of the COUNCIL MINUTES JUNE 14, 2010 - 156 -CITY OF KITCHENER property. He stated that while well intentioned, the Block Plan is flawed and asked that Council reject the Plan. Councillor G. Lorentz questioned what the development plan would be as envisioned by those developers now expressing disinterest. Mr. Tjart responded that a development plan has not been completed but suggested it would be low rise residential and definitely not highrises. Mr. Ken Freeman, Habitat for Humanity, advised that his organization owns the vacant piece of land previously referred to, located at the existing terminus of Donley Street. He stated that development of the property has been discussed with City staff; however, because of too many competing interests nothing has yet been done. He suggested that the Block Plan will further prohibit moving forward with development of the property. The Plan provides that all property owners must agree and construction costs for the road extension and storm water management pond will be expensive. He stated that if the Plan is approved all options for the property will close and the property will become undevelopable until a through road is constructed. He suggested that it is possible to develop a condominium townhouse complex on the property, which would meet intensification objectives and provide economies in construction of an internal road system with emergency access on Howe Drive. He asked that the Block Plan not be approved to allow further discussion of his proposal with staff. On motion by Councillor C. Weylie, seconded by Councillor G. Lorentz, Clause 8 of the Development and Technical Services Department report of this date was brought forward for consideration, dealing with adoption of the Donley Street Extension Block Plan and approval of the City-initiated Zone Change Application ZC 10/3/COK/GS. Councillor C. Weylie spoke in opposition to the Block Plan given the majority of property owners are not in favour of proceeding. She stated that depending on a developer’s ability to convince all 11 property owners to agree to development and expect the developer to put in a subdivision with a road does not make sense and she did not forsee same happening any time soon. She suggested that if Habitat has a smaller viable development this would be a better approach to take. Councillor G. Lorentz also spoke against the Block Plan. He pointed out that this began as a request from Council for staff to consider options to deal with City-owned vacant lands on Kehl Street and to see if there was potential to work with the landowners toward development of the area. Councillor Lorentz questioned that if that cannot happen what other solutions the City might have or if it would be viable to adopt only the Block Plan as a matter of record for potential future development. Mr. J. Willmer suggested that if Council is not inclined to go the whole route of adopting the Block Plan and approving the Zone Change, there would be little value in adopting the Block Plan alone and may only serve to create confusion in respect to any short term development plans that may arise. He acknowledged the opposition of the majority of landowners and did not disagree that the Block Plan represents a long term proposition. He stated that doing nothing would not preclude development as outlined in the Block Plan but suggested a proposal such as Habitat for Humanity is more likely to have success given it is short term and could begin almost immediately. Mr. Willmer suggested that originating concerns raised by the community in respect to pedestrian connectivity to and from Queen Elizabeth Public School should be kept in mind. He commented that if Mr. Freeman’s proposal can achieve pedestrian connectivity then this goal could be met. In respect to the City-owned property, he suggested that the City could dispose of it now, placing responsibility for its development in the hands of the purchaser; however, there is difficulty in conveying the parcel given it does not have legal street frontage and the parcel leads to another municipally addressed property. He suggested that the property could provide legal access although it is not currently of a legal width. Mr. Willmer clarified that legal access is in reference to accommodation of motor vehicles and is one alternative for the Kehl Street property. He stated that it would result in reduced frontages, with a standard walkway requiring 20 ft. leaving 40 ft. of lot frontage. He added that 30 ft. lots are being allowed for single residential under current zoning regulations. Councillor G. Lorentz commented that the City should lead the way in regard to property maintenance, noting that the City-owned property on Kehl Street has not been well maintained. He asked that staff report back to the June 28, 2010 Council meeting on the potential for pedestrian connectivity and options for the Kehl Street lot. Councillor Lorentz inquired if lot maintenance for the Kehl Street property is being enforced. Mr. Willmer advised that this is a By-law Enforcement matter and it was his understanding it is being pursued. Councillor Lorentz suggested that as a residential lot the property should be maintained the same as all residential lots. Mr. Willmer agreed that if the property was developed it should be maintained to the standard of all residential lots; however, he COUNCIL MINUTES JUNE 14, 2010 - 157 -CITY OF KITCHENER pointed out that this lot is vacant and therefore, is treated differently with a lower standard of maintenance. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola “That Clause 8 of the Development and Technical Services Committee report of this date be adopted.” Motion Lost. Mayor C. Zehr confirmed direction to staff for additional information to come forward, either to the June 21 Standing Committee meetings or to the June 28 Council meeting, regarding the enforcement of residential lot maintenance and options to deal with the City-owned vacant property on Kehl Street. Ms. Yvonne Fernandes, resident, attended to raise concerns regarding Tender T10-031 (Strasburg Creek - Brigadoon Wards Pond Rehabilitation), listed as Item B.1 i) on the Committee of the Whole agenda. Ms. Fernandes stated that the ponds have been impacted by subdivision developments upstream and suggested that this tender is moving forward in isolation of further development in the Huron Road area. She stated that the original budget was $600,000. and is now upwards of $2M and there is no accountability to the developer to pay any of the costs. She acknowledged that the work must be done but raised concerns with respect to the impact the work will have on the quality of life in the surrounding community. She asked what it would take to have this work re-evaluated given there has been no guarantee the work will do what is expected in terms of improving the fisheries habitat. She also raised concerns with respect to the trees to be removed and who would be accountable and at what cost. She asked that the tender be rejected and a more in-depth review be undertaken. Mayor C. Zehr asked the delegation that if the tender is not followed through, if she would agree the work still needs to be done. Ms. Fernandes acknowledged that some rehabilitation is needed but suggested there are too many unanswered questions and the costs should not all be borne by the taxpayer; the developer should be required to pay also. Councillor J. Gazzola requested clarification of the tender costs. Mr. S. Allen, Manager of Engineering Design and Approvals, confirmed construction estimates of $1.658 M and advised that this tender is coming forward after a long process of undergoing an Environmental Assessment (EA) that required public consultation and involved input from the Grand River Conservation Authority (GRCA), Ministry of Natural Resources (MNR) and Department of Fisheries and Oceans. He advised that the GRCA has given its approval and the MNR has given verbal approval pending receipt of certain documentation; and all will be in place for a July construction start. Councillor Gazzola requested staff to comment on the delegation’s concerns that the work may not do what is expected. Mr. Allen advised that it is not an exact science; however, the consultant is an expert in the field and has high confidence in the success of the work. He stated that staff has no reason to disbelieve the consultant. He added that there will be a 3 year monitoring period during which adjustment will be made as necessary. Councillor Gazzola questioned the increase in costs and Mr. Allen advised that he was uncertain what the original budget pre-Environmental Assessment was, adding that full costs of the project would not have been known until after the EA was completed. Councillor Gazzola questioned if development charges would apply. Mr. Allen advised they would not and stated that the goal of the project is to remove two old dams and reinstate Strasburg Creek to continuous cold water flow to improve the fisheries habitat. Councillor Gazzola requested clarification of the consultant fees and Mr. Allen advised he would follow-up on this matter and report back to Council. Councillor K. Galloway questioned why the City is proceeding with the project at this time. Mr. Allen advised that one of the dams failed and the other is showing potential to do the same. He reiterated that the goal is to remove the dams to fully reinstate Strasburg Creek to a full fisheries habitat, noting that at this time there is no interaction between the creek and the pond. He added that if the work is not done there is potential for Wards pond to fail and the disconnection would remain in respect to the fisheries habitat. Councillor G. Lorentz questioned the impact should the dam fail. Mr. Allen advised that it would be a catastrophic failure resulting in a wash out and damage to the creek from erosion of so much water flowing through in a short span. COUNCIL MINUTES JUNE 14, 2010 - 158 -CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic “That Tender T10-031, Strasburg Creek – Brigadoon and Wards Pond Rehabilitation, be 560789 Ontario Limited, o/a R & M Construction, Acton, Ontario awarded to at their tendered price of $1,658,168.50, including provisional items of $169,800., plus G.S.T. of $82,908.43., for a total of $1,741,076.93; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor.” Carried. Council then considered Clause 25 of the Finance and Corporate Services Committee report, dealing with approval of a 10 Year Capital and Operating Forecast for the Storm Water Management (SWM) Program and associated matters. Mr. G. Murphy, Director of Engineering, advised that following consultation with Financial Services staff in regard to concerns raised by the Social Planning Council relative to charitable organizations that may rent facilities rather than own property, staff is amenable to striking reference to owning property from the recommendations. He asked that the phrase “which own property” be removed from rd the 3 last paragraph and advised that the impact would be an estimated additional $500,000. Ms. Sharyn Inward, Green Communities Canada, spoke in support of the proposed SWM user fee and utility. She stated that it can be a credible approach to improving SWM in the community if a base rate with incremental charges for volume are charged to encourage conservation measures; a credit system is invoked for improved swm / diversion measures on individual properties; consultation is conducted with Waterloo Green Solutions and Green Communities Canada to develop outreach / educational programs; and the City leads the way as the largest owner of hard surfaces with sample demonstration projects and innovative low impact design for retrofit, as well as new developments. Mr. Bill Barron, resident, asked if new lines will be installed to accommodate SWM run-off or if present sewer lines will be used. Mr. G. Murphy advised that infrastructure currently exists in most roadways and all must be maintained. Mr. Barron questioned how the SWM rates differ from sewer rates. Mayor Zehr advised that sewer rates pertain to household sewage waste and is run from separate lines; whereas, SWM rates pertain to water run-off into catch basins. Mr. Barron asked why exemptions were being provided before the SWM program is in place, adding that charitable organizations are supported by donations to which the donor also receives personal benefit through a tax receipt. Mr. G. Murphy clarified that a credit policy is being established for non-residential properties who have mitigating and/or diversionary on-site swm practices in place and is distinct from the grant program proposed for places of worship and charitable organizations. In regard to the latter, Mr. Murphy stated that a grant program of approximately $260,000. annually is proposed in acknowledgement of the social work undertaken by places of worship and charitable organizations for the benefit of the broader community. Mr. Barron commented that it will fall to the rest of the community to pay for the grant program, raising concerns with the rising costs of services, and in particular, water and sewer rates and property taxes. Mr. Peter Bufe, resident, commented that he agreed with the objective of costs to be borne by those who originate the need for service; however, he did not believe the program as outlined would achieve the objective. He stated that it should remain within the tax base rather than as a fee, especially in light of the pending HST. Mayor Zehr advised the delegation that HST would not apply to the SWM rate. Mr. Bufe also raised concerns with the grant program for places of worship and charitable organizations, suggesting that the SWM program should remain in the tax base until a credit program is developed. He stated that his property has a low percentage of run-off but he will be required to pay the same rate as a property with a higher percentage, suggesting the proposed program is not the most efficient nor the least expensive option. He also questioned the increase in the sustainable level from $5M to $13M and suggested that any savings from the tax base should be used to have the program run by an independent body rather than by City staff. Mayor Zehr requested clarification as to the savings referenced and Mr. Bufe stated that $8M is to be removed from the tax base which he suggested would leave room for more improvement. Messrs. Ryan Baumann and Richard Schuett, attended to represent students in regard to the proposal to charge SWM user fees to School Boards. COUNCIL MINUTES JUNE 14, 2010 - 159 -CITY OF KITCHENER Mayor Zehr advised that the recommendations to be considered this date provide that the School Boards will not be billed pending resolution of the discrepancy between the Municipal Act and the Education Act, as to which piece of legislation takes precedent. Notwithstanding, the delegates spoke of the importance of recognizing the power of youth, suggesting that the proposal to charge School Boards is in contradiction to the City’s Youth Strategy. They stated that youth programs, including educational environmental programs, would suffer and the dollars would be better spent on maintaining quality education for students. It was suggested that the fee represents a tax in that, SWM is not a commodity that one can choose to refrain from and which should not be charged to School Boards as they are recognized as tax exempt. The delegates asked that the City consider the impact to School Boards and students, and maintain the quality of education through exemption of School Boards from the SWM user fees. Councillor K. Galloway questioned if students have collectively held any discussions in regard to the SWM rates. Mr. Schuett advised that a Student Senate has discussed the program and its impact at length and agree there is little room in Provincial funding to School Boards to afford the user fees and maintain current student programming. Councillor Galloway asked that the delegates advise their respective groups of the decision being made this date not to charge School Boards pending the outcome of consideration of the governing legislation. Councillor G. Lorentz questioned if students have considered the positive aspects to be generated from the SWM program in respect to educating the community in environmental mitigation and water conservation. Mr. Schuett advised that a School Environmental Advisory Committee is looking at forms to address these kinds of issues and maintained that the SWM program will have a detrimental impact to these school programs if the user fees are applied to School Boards. Councillor V. Vrbanovic questioned if the delegation would agree that the Province as the funder of education has responsibility to ensure School Board properties are doing their part in regard to mitigating storm water management. Mr. Schuett agreed, however, pointed out that at this time School Boards are not receiving sufficient funding to afford the user fees and as such, dollars would have to be allocated from within existing funds and accordingly, school programming would suffer. Councillor Vrbanovic suggested that part of the discussions to resolve matters with the School Boards should include discussions with the Province in regard to sufficient funding for SWM fees and that School Boards should invest in their properties to mitigate water run-off, given they hold large properties and the credit policy could be applied to improvements made. He questioned the delegation if this would not be a better situation for the environment. Mr. Schuett responded that he was not in position to debate logistics on behalf of the School Boards and such comments should be made directly to the School Boards. On motion by Councillor B. Vrbanovic, seconded by Councillor J. Smola, Clause 25 of the Finance and Corporate Services Committee report, dealing with approval of a 10 Year Capital and Operating Forecast for the Storm Water Management (SWM) Program and associated matters, was brought forward for consideration. Councillor J. Gazzola questioned the amount spent on SWM in 2009 and 2010, and asked if the original $5M is considered the current service level. Mr. G. Murphy advised that the $5.8M value used in the feasibility study is based on 2007 dollars. The SWM budgets value has been updated, as referenced in previous meetings, to reflect inflationary costs, program costs and administration costs, which are all now included in the $9.8M value in 2010 dollars. Councillor Gazzola raised concerns with the dollar figures in the program’s 10 Year Forecast attributed to the categories of “other” and “general”. He stated that substantial dollars are being set aside to play catch-up while at the same time undertaking preventative maintenance and questioned if it would be better to do the catch-up work first and then zero in on maintenance. Mr. Murphy advised that maintenance pertains to such things as street sweeping and catch basin clean-outs and is an activity required annually to ensure the system operates appropriately. He added that this is different from the capital account which is used for SWM retrofits and/or upgrades. Mr. Murphy stated that both must proceed in a timely manner and are required; and as in most types of infrastructure, the activity is critical to ensure a healthy operating system. Councillor Gazzola referenced an amount of $1M inflated by 3% and the uncommitted infrastructure amount of $6M. Mr. Chapman advised that the latter pertains to the City’s accelerated infrastructure program, wherein, the City is currently not meeting its target of 5.3 km / year. He stated that all projects in the Forecast are fully defined and subject to priorities, with more precision on the front-end COUNCIL MINUTES JUNE 14, 2010 - 160 -CITY OF KITCHENER of the Forecast than on the back-end. Mr. Chapman also confirmed in response to Mr. Bufe’s concerns that HST does not apply to water, sewer or the SWM user fees. In respect to the reduction in the tax base, Mr. Chapman advised that it is staff’s intent to be transparent as to how these dollars will flow in 2011 and will be reporting to Council in this regard. Mr. G. Murphy commented that the key element behind implementation of the SWM program is to improve the overall quality of water. He maintained that the rate structure and credit program is the right approach and provides opportunities for property owners, including School Boards, to utilize storm water management practices. He pointed out that the credit policy to be developed will require further public consultation and will present opportunity to reward those property owners treating water quality, controlling their volume of run-off, using best management practices and educating their employees or other attendees to the property. Councillor J. Smola commented that a further goal of the program is to control flooding where infrastructure cannot hold large volumes of water run-off, citing an example of an incident on Montgomery Road. Mayor C. Zehr commented that $5.8M was the original value estimated for SWM expenditures when the City first began discussing the proposed program in 2007 and $9.8M is the actual figure derived when looked at in 2010 dollars. He stated that the $5.8M was included as a basis for continuity and the $4M difference between the two values is not additional dollars but rather is the corrected value of actual expenditures. Discussions held between 2007 and 2010 also considered an increase in the service level to bring the program to a sustainable level. He suggested that it would not be correct to say the increased service level is from $5.8M to $13M but rather should be viewed from the actual expenditure value of $9.8M to $13M. Mayor Zehr then commented on the issue of charging School Boards, stating that it has not, nor ever would be, the intent to take dollars away from students but rather this program is about physical properties. He added that he has had discussions with both School Boards who are pleased with the approach being taken and that the City and School Boards will be going in partnership to the Province on this issue. Mayor Zehr stated that this is a difficult issue politically in that it is not easy to tell it like it is in respect to costs; however, if the City is serious in meeting required standards and moving forward with improvements that should be done, such as the Victoria Park Lake remediation, it is necessary to move forward with the increased service level. He added that it is only prudent and responsible to be straight forward with the public as to what they will pay now and what the sustainable level should be, notwithstanding other cities may choose to phase- in a sustainable level and/or operate at a level below sustainability. Mayor Zehr stated that the grant program for places of worship and charitable programs is in recognition of the good service they provide to the community that might otherwise fall to the City at cost. He then referred to the $7M which is to be removed from the base tax levy and acknowledged that while this will become the new starting point in 2011 the full amount is not likely to be seen in reduction of tax dollars as there is always other costs to consider and which would be the case in any event. Councillor J. Gazzola commented that while he was not opposed to the concept and recognizes the need to address SWM, he could not support the proposed approach. He expressed the opinion it was too confusing and the exemptions for places of worship, charitable organizations and School Boards will fall on the remainder of the community to pay. He also raised concerns with the proposed service level suggesting that the 10 Year Forecast has not been reviewed and in his opinion, many projects listed could be postponed without jeopardizing the program. Councillor B. Vrbanovic commented that the City has not budgeted sufficient dollars in the past to meet infrastructure needs and is why the SWM program is being considered. He added that similar deficits exist across the Province and senior governments are also working with municipalities to address this issue. Councillor Vrbanovic stated that if not dealt with the burden will be placed on future generations at considerably more cost or the problem will be ignored entirely until City’s start seeing the results of not dealing with infrastructure improvements. He suggested that the approach to be taken is better than phasing-in as it is more transparent with full costs known at the outset. Councillor Vrbanovic added that the program also represents a significant change in responsibility from the residential property owner who have been overpaying for SWM, to the non-residential properties and the only way to do so is by moving to the Utility. Councillor K. Galloway spoke in support of the motion, commenting that extensive consultation has taken place and the program modified to make improvements in response to concerns raised; and with continued consultation to take place in respect to the credit policy was of the opinion the proposal should move forward. COUNCIL MINUTES JUNE 14, 2010 - 161 -CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola “That Clause 25 of the Finance and Corporate Services Committee report of this date, as amended by deleting from the first line of the ninth paragraph the phrase “which own property”, be adopted.” A recorded vote was requested. In Favour: Mayor C. Zehr and Councillor’s G. Lorentz, J. Smola, K. Galloway, B. Vrbanovic and C. Weylie. Contra: Councillor J. Gazzola Motion Carried. Mr. L. Gordon, Chief Purchasing Officer, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Mr. Gordon circulated this date a revised copy of Financial Services Department report FIN-10-104, dated June 8, 2010, concerning Tender T10-049 (McLennan Park Development - Phase 2), listed as Item B.1 xiii) on the Committee of the Whole agenda, to correct a typographical error in the tendered price. The dollar figure was corrected from $3,683,212. to $3,638,212. In regard to Tender T10-049, Councillor K. Galloway advised that she had just recently received information from the Country Hills Neighbourhood Association that they would be contributing $5,000. toward the McLennan Park development. Councillor J. Gazzola requested that Tender T10-049 be voted on separately. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola Pacific “That Tender T10-049, McLennan Park Development - Phase 2, be awarded to Paving Limited, Mississauga, Ontario at their tendered price of $3,638,212., plus G.S.T. of $181,910.60 for a total of $3,820,122.60; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor.” Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola “That Expression of Interest E10-047, Consultant Services – Transportation Master Plan, be IBI Group, Kitchener awarded to at their estimated fee of $207,700., including disbursements of $10,000., plus G.S.T. of $10,385., for a total of $218,085., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor. “ - and - “That Expression of Interest E10-026, Consultant Services – Community Trails Master Plan MMM Group Limited, Mississauga, Ontari and Implementation Strategy, be awarded to o at their estimated fee of $124,021. including disbursements, plus G.S.T. of $6,201.05, for a total of $130,222.05 based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor.” COUNCIL MINUTES JUNE 14, 2010 - 162 -CITY OF KITCHENER - and - “That Proposal P10-045, Pump & Motor Control Repair & Maintenance, be awarded to Ibbotson Electric Limited, Waterloo, Ontario, at the unit prices proposed for one (1) year, with an option to renew for two (2) additional one-year terms; the estimated value of this contract is approximately $100,000. per year, plus G.S.T.” - and - Black & McDonald “That Proposal P10-048, Arena Refrigeration Maintenance, be awarded to Limited, Stoney Creek, Ontario, at their proposed unit prices for one (1) year, with an option to renew for two (2) additional one year terms subject to mutual agreement.” - and - “That Proposal P10-046, Chain Link Fencing, Silt Fencing and Related Accessories, be 1077860 Ontario Inc., o/a Town & Country Fencing, Ariss, Ontario awarded to , at their proposed unit prices for one (1) year, with an option to renew for two (2) additional one-year terms. The estimated value of this contract is approximately $150,000. per year, plus H.S.T.” - and - Tri City Materials, Petersburg, Ontario “That Tender T10-043, Aggregates, be awarded to at their corrected tendered price of $131,539.70, plus G.S.T. of $6,576.99 and P.S.T. of 10,523.18, for a total of $148,639.87, for a one (1) year period, with an option to renew for three (3) additional twelve (12) month terms, subject to mutual agreement.” - and - “That Quotation Q10-025 - Four Wheel Utility Vehicle with Hydraulic Dump Box, be awarded to G.C. Duke Equipment Ltd., Burlington, Ontario at their quoted price of $23,500., plus G.S.T. of $1,175. and P.S.T of $1,880., for a total of $26,555.” - and - “That Expression of Interest E10-059, Consultant Services – Kitchener Utilities Marketing, be Quarry Integrated Communications, Waterloo awarded to at their estimated fee of $200,000., plus H.S.T. of $26,000., for a total of $226,000., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor.” - and - “That Tender T10-013, Tools & Equipment – Fire Pumper and Rescue Truck, be awarded as follows, at the tendered price of $184,978.43, plus G.S.T. of $9,248.92 & P.S.T of $14,798.27 for a total of $209,025.62: Areo-Fire Ltd, Longueuil, Quebec at their tendered price of $4,717.74, plus G.S.T. of $235.89 and P.S.T. of $377.42, for a total of $5,331.05; A.J. Stone Company Limited, Toronto, Ontario at their tendered price of $9,427., plus G.S.T. of $471.35 and P.S.T. of $754.16, for a total of $10,652.51; Cesta Inc., Parry Sound, Ontario at their tendered price for the awarded items, of $22,161.69, plus G.S.T. of $1,108.08 and P.S.T. of $1,772.94, for a total of $25,042.71; Dependable Emergency Vehicles, Brampton, Ontario at their tendered price of $42,196., plus G.S.T. of $2,109.80 and P.S.T. of $3,375.68 for a total of $47,681.48; COUNCIL MINUTES JUNE 14, 2010 - 163 -CITY OF KITCHENER Darch Fire Inc., Ayr, Ontario at their tendered price of $106,476., plus G.S.T. of $5,323.80 and P.S.T. of $8,518.08 for a total of $120,317.88.” - and - “That Quotation Q10-027 – 2.54 M (100”) Reel Type Five Plex Light Weight Fairway Mower (3 Turf Care Products Canada, Newmarket, Ontario Units), be awarded to at their adjusted quoted price of $71,350., plus the additional four wheel drive option at $8,670., plus G.S.T. of $4,001. and P.S.T of $6,401.60, for a total of $90,422.60.” - and - “That Expression of Interest E10-063, Consultant Services – Phase 1 Asset Management Gap Prior & Prior Associates Ltd., Markham, Ontario Analysis, be awarded to at their estimated fee of $75,000., plus G.S.T. of $3,750., for a total of $78,750., based on a satisfactory contract being negotiated and an upset fee being established; and further , That the Director of Supply Services be authorized to execute an agreement satisfactory to the City Solicitor.” - and - “That Quotation Q10-021 - 145 Amp Electric Four Wheel Utility Vehicle with Dump Box (4 Skyway Lawn Equipment Limited, Stoney Creek, Ontario Units), be awarded to at their quoted price of $33,000., plus G.S.T. of $1,650. and P.S.T. of $2,640., for a total of $37,290.” Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola “That the report of the Development and Technical Services Committee be adopted.” At the request of staff, it was agreed to amend Clause 2 of the report, dealing with a limiting distance agreement regarding Doon Valley Golf Course, to more accurately describe the lands involved. The Development and Technical Services Committee report was then voted on clause by clause. Carried, as Amended. Clause 2 - Dealt with under Delegations and Motion Lost. Clause 8 - Carried. Balance of report - Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway “That the report of the Community Services Committee be adopted.” Councillor G. Lorentz advised that during discussion on the Emerald Ash Borer, staff indicated that Ash trees were still being planted. He suggested and it was agreed, that staff be directed to no longer include Ash trees as part of the City's tree planting program. Carried. The Community Services Committee report was then voted on and Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola “That the report of the Finance and Corporate Services Committee be adopted.” Voted on clause by clause. Dealt with under Delegations and Carried, as Clause 25 - Amended, on a recorded vote. COUNCIL MINUTES JUNE 14, 2010 - 164 -CITY OF KITCHENER Carried Unanimously. Balance of report – Councillor G. Lorentz requested an update on inquiries to Canada Post in respect to their search for a location for a new postal station. Mr. R. Regier, Executive Director of Economic Development, advised that Canada Post has indicated a preferred location targeted in the downtown and has also indicated they may pursue public consultation. Mr. Regier stated that he would continue to follow-up on this matter and report back to Council. Councillor G. Lorentz referred to critical comments made by Regional Council representatives in a recent newspaper article concerning a presentation made by the Ministry of Transportation on the proposed improvements to Highway 7/8. Councillor Lorentz suggested that it is not appropriate to make distinction between highway traffic and local traffic as they are all used in common by the motorist. He pointed out that the City had asked that the Region of Waterloo widen Ira Needles Boulevard to alleviate some congestion from Fischer-Hallman Road but was turned down. He suggested that more forward thinking in respect to traffic development is required to make traffic flow better. Mayor Zehr advised that a response to the Region in this regard has already been forwarded. Councillor B. Vrbanovic requested, and it was agreed, that staff be directed to investigate and report on the feasibility of providing public access to wireless technology within City Hall. Councillor B. Vrbanovic also requested, and it was agreed, that staff be directed to investigate and report on the feasibility of re-instituting a dedicated downtown staff team to be responsible for all matters pertaining to maintenance of the downtown. Council agreed to the request of Mr. R. Gosse, City Clerk, to add six additional by-laws for three readings this date, including: a Zoning Amending by-law to provide for housekeeping amendments to Zoning By-law 85-1, relative to Clause 7 of the Development and Technical Services Committee report; a by-law to designate a Community Improvement Project area for the Kitchener Energy and Water Efficiency for Land and Buildings Community Improvement Plan, relative to Clause 10 of the Development and Technical Services Committee report; a by-law to adopt the Kitchener Energy and Water Efficiency for Land and Buildings Community Improvement Plan, relative to Clause 10 of the Development and Technical Services Committee report; two by-laws to amend By-law Nos.2008-106 and 2008-107, respectively, respecting sick leave credits for employees of the City and Fire Services, relative to Clause 20 of the Finance and Corporate Services Committee report; and, a by-law to levy and implement a Storm Water Charge, relative to Clause 25 of the Finance and Corporate Services Committee report. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola “That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (d) Being a by-law to exempt certain lots from Part Lot Control – Lots 21, 26 & 27, 28 and 29, Registered Plan 58M-474 – Countryside Drive. (e) Being a by-law to exempt certain lots from Part Lot Control – Block 28, Registered Plan 58M-392 – Upper Mercer Street. COUNCIL MINUTES JUNE 14, 2010 - 165 -CITY OF KITCHENER (f) Being a by-law to exempt certain lots from Part Lot Control – Block 8, Registered Plan 58M-55 – Foxglove Crescent. (g) Being a by-law to exempt certain lots from Part Lot Control – Part of Block 6, Registered Plan 58M-367 – Zeller Crescent. (h) Being a by-law to amend By-law 2009-091 regarding Development Charges. (i) To confirm all actions and proceedings of the Council. (j) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – City of Kitchener. (k) Being a by-law to designate a Community Improvement Project Area in the City of Kitchener for the purpose of preparing and implementing the Kitchener Energy and Water Efficiency for Land and Buildings Community Improvement Plan. (l) Being a by-law to adopt the Kitchener Energy and Water Efficiency for Land and Buildings Community Improvement Plan. (m) A by-law to amend By-law Number 2008-106 respecting sick leave credits for employees of the City of Kitchener. (n) A by-law to amend By-law Number 2008-107 respecting sick leave credits for employees of the Fire Department. (o) Being a by-law to levy and implement a Storm Water Charge. 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 J. Smola “That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed.” Carried. Council subsequently gave first and second reading to a by-law relative to Item B.2 of the Committee of the Whole, (shown as Item p] below), to adopt a housekeeping amendment to Zoning By-law 85-1. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2010-099) (b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. COUNCIL MINUTES JUNE 14, 2010 - 166 -CITY OF KITCHENER (By-law No. 2010-100) (c) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (By-law No. 2010-101) (d) Being a by-law to exempt certain lots from Part Lot Control – Lots 21, 26 & 27, 28 and 29, Registered Plan 58M-474 – Countryside Drive. (By-law No. 2010-102) (e) Being a by-law to exempt certain lots from Part Lot Control – Block 28, Registered Plan 58M-392 – Upper Mercer Street. (By-law No. 2010-103) (f) Being a by-law to exempt certain lots from Part Lot Control – Block 8, Registered Plan 58M-55 – Foxglove Crescent. (By-law No. 2010-104) (g) Being a by-law to exempt certain lots from Part Lot Control – Part of Block 6, Registered Plan 58M-367 – Zeller Crescent. (By-law No. 2010-105) (h) Being a by-law to amend By-law 2009-091 regarding Development Charges. (By-law No. 2010-106) (i) To confirm all actions and proceedings of the Council. (By-law No. 2010-107) (j) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – City of Kitchener. (By-law No. 2010-108) (k) Being a by-law to designate a Community Improvement Project Area in the City of Kitchener for the purpose of preparing and implementing the Kitchener Energy and Water Efficiency for Land and Buildings Community Improvement Plan. (By-law No. 2010-109) (l) Being a by-law to adopt the Kitchener Energy and Water Efficiency for Land and Buildings Community Improvement Plan. (By-law No. 2010-110) (m) A by-law to amend By-law Number 2008-106 respecting sick leave credits for employees of the City of Kitchener. (By-law No. 2010-111) (n) A by-law to amend By-law Number 2008-107 respecting sick leave credits for employees of the Fire Department. (By-law No. 2010-112) (o) Being a by-law to levy and implement a Storm Water Charge. COUNCIL MINUTES JUNE 14, 2010 - 167 -CITY OF KITCHENER (By-law No. 2010-113) (p) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – City of Kitchener Housekeeping Amendment. (By-law No. 2010-114) be taken as read a third time, be finally passed and numbered serially by the Clerk. Carried. On motion, the meeting adjourned at 10:20 p.m. MAYOR CLERK COUNCIL MINUTES JUNE 14, 2010 168CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That the Crossing Guard Facility on River Road east of Rosemount Avenue be relocated to Frederick Street at East Avenue and the Crossing Guard Facility at Fairfield Avenue and Margaret Avenue be relocated to Fairway Road at Lackner Boulevard, for the 2010-2011 school year. 2. That the Mayor and Clerk be authorized to execute an agreement as the registered owner of Part Lot 10 and Part Lot 11, Beasley's Old Survey, known as 500 Doon Valley Drive (Doon Valley Golf Course), pursuant to Section 3.2.3.1.(8) Division B of the Building Code with Conestoga College, the abutting owner of 299 Doon Valley Drive, said agreement to permit the construction of a new maintenance and storage building with the limiting distance for the exposing building face being measured to a point beyond the property line of 500 Doon Valley Drive into 299 Doon Valley Drive; the Agreement to be to the satisfaction of the City Solicitor. (Carried, as Amended) 3. That the construction of an interim parking facility at 59-61 Weber Street East, be approved in principle; and further, That Legal Services be instructed to prepare a leasing agreement between the City of Kitchener and the property owner to allow the City of Kitchener to operate the parking facility, subject to the following condition: That the interim use for this parking lot be permitted for a maximum period of five years, rather than three years as permitted per Policy Number I-995 (Commercial Parking Lots and Interim Commercial Parking Lots Criteria); and further, That the Mayor and Clerk be authorized to sign such agreement subject to the satisfaction of the City Solicitor. 4. That Part A – Urban Design Guidelines, attached as Appendix ‘A’ to Development & Technical Services Department report DTS-10-114 and Part B – Urban Design Briefs of the revised Urban Design Manual dated 2010, attached as Appendix ‘B’ to Development & Technical Services Department report DTS-10-114, be approved; and further, That Part C – Design Standards of the revised Urban Design Manual dated 2010, attached as Appendix ‘C’ to Development & Technical Services Department report DTS-10-114 DTS-10- 114, be adopted. 5. That the City Wide Stormwater Management Plan Annual Audit Report (Year 2009): Volume 1 - Stormwater Management Facility Policy Implementation, prepared by AECOM, dated May 2010, be received and the 2009 recommendations outlined in the Executive Summary to that report be approved. 6. That the extension of surface parking in Lot 19 be approved and The Walter Fedy Partnership be retained to complete the design as part of the Library expansion and parking garage site plan approval process, at an estimated cost of $9,000. 7. That City-initiated Zone Change Application ZC 09/07/COK/HH being an amendment to Schedules 73 and 74 of Appendix A, sections 157, 291, 398, 401 and 402 of Appendix C and sections 134, 398, 521, 522, 523, 524, 525 and 526 of Appendix D of By-Law Number 85-1 as they pertain to the Victoria Street South Mixed Use Corridor for the purpose of changing the zoning from various zone classifications to Mixed Use Corridor MU-1 and MU-2 zones with and without site specific special provisions applying to these lands, be approved, in the form shown in the “Proposed By-Law” dated April 30, 2010, attached as Appendix A to Development & Technical Services Department report DTS-10-076. COUNCIL MINUTES JUNE 14, 2010 169CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE – (CONT’D) 8. That the Donley Street Extension Block Plan, dated June, 2010, attached as Appendix “D” to Development & Technical Services Department report DTS-10-089, be adopted; and further, That City-initiated Zone Change Application ZC10/03/COK/GS being an amendment to Schedule 117 of Appendix “A” of By-Law Number 85-1 for the purpose of changing the zoning of lands identified as Area 1 as shown on Map No. 1 from Residential Six (R-6) to Residential Six (R-6) with special provision regulation 550, Area 2 as shown on Map No. 1 from Residential Six (R-6) to Residential Six (R-6) with holding provision for services and roadworks 20HSR, and Area 3 as shown on Map No. 1 from Residential Six (R-6) to Residential Four (R- 4) with holding provision for services and roadworks 21HSR, be approved, in the form shown in the “Proposed By-Law” dated May 5, 2010, attached as Appendix ‘A’ to Development & Technical Services Department report DTS-10-089. (Dealt with under Delegations and Motion Lost) 9. That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, and By-law 2002-164 as amended, of the City of Kitchener, hereby grants draft approval to Condominium Application 30CDM-09209 for 540 Bingemans Centre Drive in the City of Kitchener, subject to the conditions contained in Development & Technical Services Department report DTS-10-091. 10. That the proposed by-law dated May 7, 2010 attached as Appendix ‘A’ to Development & Technical Services Department report DTS-10-097, be adopted to designate the Community Improvement Project Area for the Kitchener Energy and Water Efficiency for Land and Buildings Community Improvement Plan; and, That the proposed by-law dated May 7, 2010, attached as Appendix ‘B’ to Development & Technical Services Department report DTS-10-097, be adopted to approve the Kitchener Energy and Water Efficiency for Land and Buildings Community Improvement Plan; and further, That the Kitchener Green Housing Incentive Program proposed as part of a Local Environmental Action Fund (LEAF) application approved in 2009, form part of the Kitchener Energy and Water Efficiency for Land and Buildings Community Improvement Plan, attached as Appendix ‘C’ to Development & Technical Services Department report DTS-10-097. COMMUNITY SERVICES COMMITTEE – 1. That an Emerald Ash Borer Strategy \ Management Plan ($175,000) be included for consideration in the 2011 Capital Budget approval process; and, That staff review options to advance the approved 2014\15 Park Tree Inventory to begin in 2011; and further, That a 10-year Capital and Operating budget plan be developed to actively manage Emerald Ash Borer. FINANCE AND CORPORATE SERVICES COMMITTEE – 1. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Calvary Memorial United Church on Saturday, June 26, 2010, between the hours of 1:00 p.m. and 4 p.m., for their Annual Strawberry Social. 2. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Canadian Cancer Society, Waterloo Region Unit, for their Relay For Life Event at Resurrection High School between the hours of 9:00 a.m. on June 18 and 12 noon on June 19, 2010. COUNCIL MINUTES JUNE 14, 2010 170CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE – (CONT’D) 3. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to The Hive Eatery and Spirits at 200 King Street East, on Saturday, June 19, 2010, between the hours of 12 noon and 9:00 p.m. for their 2010 Cancer Beatdown fundraiser for the Canadian Cancer Society. 4. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Cherry Park Neighbourhood Association for their Cherry Festival on July 10, 2010, between the hours of 11:00 a.m. and 6:00 p.m. 5. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Mr. Victor Jannert for a neighbourhood barbecue, to be held at his residence at 42 Evergreen Crescent, on Saturday, June 19, 2010, between the hours of 7:00 p.m. and 11:00 p.m. 6. That the Grand River Accessibility Advisory Committee Work Plan (2010), as attached to Community Services Department report CSD-10-038, be approved. 7. That the 2010 meeting schedule of Council and Standing Committees be amended by changing the scheduled Council meeting from August 30, 2010 to Tuesday, September 7, 2010. 8. That the City of Kitchener has no objection to a liquor licence being issued to Civitan Sports - Waterloo Region for the Senior Women’s Canadian Fast Pitch Championships to be held August 11 to 15, 2010 at Peter Hallman Ball Yard, 220 Hayward Avenue; and further, That the tournament be declared a “Community Festival” for the purpose of applying for a liquor licence. 9. That the request of Chandler Mowat Neighbourhood Association to hold a barbecue and garage sale at Chandler Mowat Community Centre, 222 Chandler Drive on July 3, 2010, be approved, provided the necessary licence, including Health and Fire approvals, is obtained. 10. That the Holy Trinity Serbian Orthodox Church be approved to operate a special event at Holy Trinity Serbian Orthodox Church, 700 Fischer-Hallman Road, Kitchener on July 25, 2010, from 1:00 p.m. to 10:00 p.m. provided the necessary licence, including Health and Fire approvals is obtained; and, That the Holy Trinity Serbian Orthodox Church be granted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code in conjunction with an event at 700 Fischer- Hallman Road, Kitchener on July 25, 2010,from 2:00 p.m. to 10:00 p.m.; and further, That the City of Kitchener has no objection to a liquor licence being issued to the Holy Trinity Serbian Orthodox Church for an event on July 25, 2010. 11. That GTA Midways Inc. be granted permission to operate a Midway in Victoria Park, during Ribfest from July 16 to 18, 2010 subject to the following: Hours of operation; Date Start Close Friday, July 16 5:00 p.m. 10:00 p.m. Saturday, July 17 Noon 10:00 p.m. Sunday, July 19 Noon 6:00 p.m. ; and, That the music at the Midway be turned down at 8:00 p.m.; and, That the music be turned off one hour before closing time; and further, That the required licence be obtained prior to operating the Midway. COUNCIL MINUTES JUNE 14, 2010 171CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE – (CONT’D) 12. That the request of the K-W Breithaupt Optimist Club to hold a neighbourhood festival selling refreshments at 350 Margaret Avenue on August 18, 2010, be approved, provided the necessary licence, including Health approval is obtained. 13. That the supply component of the natural gas rates be decreased to 25.0 cents per cubic meter from 31.6 cents per cubic meter for system gas customers of the City of Kitchener effective July 1, 2010; and, That the transportation component of the natural gas rates be increased to 6.182 cents per cubic meter from 4.491 cents per cubic meter for system gas customers of the City of Kitchener effective July 1, 2010 to reflect the final rates charged by TransCanada Pipelines as previously approved by the National Energy Board; and further, That the delivery components of the natural gas rates be changed as proposed in Financial Services Department report FIN-10-093, as outlined in Appendix A for all Kitchener delivery customers effective July 1, 2010. 14. That no action be taken to amend Chapter 586 (Refreshment Vehicles) of the City’s Municipal Code to provide for licensing of motorized ice cream vehicles. 15. That notwithstanding the distance separation requirements of Chapter 586 (Refreshment Vehicles) of the City’s Municipal Code, the request of Adam Thompson to be issued a license to operate a refreshment vehicle at 385 Fairway Road South, be granted. 16. That notwithstanding the distance separation requirements of Chapter 586 (Refreshment Vehicles) of the City’s Municipal Code, the request of Adam Thompson to be issued a license to operate a refreshment vehicle at 1255 Weber Street East, be granted. 17. That notwithstanding the distance separation requirements of Chapter 586 (Refreshment Vehicles) of the City’s Municipal Code, the request of Adam Thompson to be issued a license to operate a refreshment vehicle at 730 Ottawa Street South, be granted. 18. That notwithstanding the distance separation requirements of Chapter 586 (Refreshment Vehicles) of the City’s Municipal Code, the request of Aurora Bastias to be issued a license to operate a refreshment vehicle at 45 Manitou Drive, be granted. 19. That subject to the satisfaction of the City Solicitor, the contract with Greg Levine, GJ Levine Law Office, be renewed to provide that Mr. Levine will act as the City’s Integrity Commissioner for an additional one (1) year period, based on an annual retainer of $2,000. and investigation fees of $150/hour plus expenses. 20. That the changes dated May 10, 2010 to the Human Resources Policies outlined in revised Schedule “A” attached to Chief Administrator’s Office report CAO-10-022 (addendum to report CAO-10-005), dated May 28, 2010, be approved. 21. That the ‘Financial Plan - Kitchener Water Distribution System’, be approved, as it demonstrates of the financial viability of the Kitchener drinking water system in accordance with Ontario Regulation 453/07 (Financial Plans) under subsection 30 of the Safe Drinking Water Act. 22. That the Mayor and Clerk be authorized to execute an amendment to the following contracts and agreements, satisfactory to the City Solicitor, to provide for the early release of the 2% maintenance holdback or portions thereof respecting projects for which infrastructure stimulus funding or other grant(s) have been obtained: McGillivray & Sons Contractors Limited (September 22, 2009) - to allow the City to release the 2% maintenance holdback on February 15, 2011 for the stimulus fund work completed for Greenbrook Drive; COUNCIL MINUTES JUNE 14, 2010 172CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE – (CONT’D) 22. (Cont’d) Coco Paving Inc. (April 28, 2009) - to allow the City to release the 2% maintenance holdback on February 15, 2011 for the stimulus fund portion of the work; and, That the Mayor and Clerk be authorized to execute forthcoming contracts, agreements, and amending agreements, satisfactory to the City Solicitor, reducing the release of the 2% holdback from two (2) years from the date of substantial completion to February 15, 2011 in relation to stimulus fund projects; and, That the Mayor be directed to issue correspondence to the Minister of Agriculture, Food and Rural Affairs to request an extension to the timeline for the submission of the final claim/report for the Consolidated Maintenance Facility project under the Infrastructure Stimulus Fund from April 15, 2011 to June 30, 2011 in accordance with Section 5.8 of the funding agreement and consistent with the timelines adopted for Recreation Infrastructure Canada (RInC) projects; and further, That subject to the requirements of the contribution agreements, the City publicly recognize the completion of stimulus projects by way of a media release, with the exception of the following projects which will have public events in addition to a media release: Aquatic Facility Upgrades CMF Solar Roof Centre in the Square McLennan Park Development Bridgeport Community Centre Sportsworld Arena Upgrade 23. That the following capital funding sources be approved for McLennan Park Phase 2: Major Park Development (2010/11) $234,228 Court Rehabilitation (2010) $74,647 Tree Planting - Parks and Streets (2010) $72,407 Community Trails (2010) $175,000 24. That the Community Engagement Policy Statement and the Community Engagement Tool Kit, attached to Chief Administrator’s Office report CAO-10-021, dated May 25, 2010, be approved. 25. That the ten (10) year capital and operating forecast for the stormwater management (SWM) program, be approved as outlined in Development and Technical Services Department report DTS-10-094, subject to revision through the annual budget process; and, That the stormwater rate schedule, as outlined in Appendix ‘B’ of Report DTS-10-094, be approved, and come into effect on January 1, 2011; and, That the by-law enacting the stormwater rate, as attached to Report DTS-10-120, be approved as an amendment to the Fees and Charges By-law; and, That a reduction in the following base budgets be implemented as of fiscal 2011 resulting from a shift to a stormwater utility model: Tax supported operating budget of $7,099,228; Water utility of $256,677; Sanitary utility of $259,414; Gas utility of $278,184; and, COUNCIL MINUTES JUNE 14, 2010 173CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE – (CONT’D) 25. (Cont’d) That staff provide a report related to a non-residential and a residential stormwater rate credit policy prior to January 1, 2012, with applicable credits being retroactively applied to January 1, 2011; and, That staff examine the feasibility of measuring the impervious area on non-residential properties and report back prior to January 1, 2013 on the viability of transitioning non- residential properties from the approved “tiered flat fee” stormwater rate structure to a method where these properties are charged according to their actual measured impervious area; and, That staff work with the Association of Municipalities of Ontario (AMO), the Waterloo Region District School Board, Waterloo Catholic District School Board, the City of Waterloo and various Government of Ontario Ministries to address the discrepancy between the Municipal Act and the Education Act, regarding a municipality’s authority to apply stormwater rates to Boards of Education properties; and, That payment of the applicable stormwater rates would not be expected from the Waterloo Region District School Board and the Waterloo Catholic District School Board until 2012, pending resolution of the discrepancy between the Municipal Act and the Education Act, and should the issues outlined in the preceding clause not be resolved by 2012 this matter be brought forward for reconsideration prior to collecting the applicable payments; and, That places of worship and charitable organizations affected by the applicable stormwater rate, be provided an indefinite grant of 100%, while being strongly encouraged to reduce their impact on the City’s SWM system and work with staff to develop a stormwater or environmental education program for their members and/or clients; and, That one (1) engineering manager position (full-time), one (1) operations supervisor (full-time), one (1) engineering project manager position (full-time), and one (1) revenue analyst position (full-time) be hired beginning in June 2010 to enable the implementation of the stormwater utility and advancing related stormwater projects; and further, That $100,000 be transferred from the Grand River Erosion Control project (account numbers 11619 and 7367) and $129,000 be transferred from the Victoria Park Lake Environmental Assessment project (account numbers 52000039 and 207) into the Stormwater Utility Implementation Plan (account number 701204027). (Dealt with under Delegations and Carried, As Amended, on a recorded vote) COUNCIL MINUTES JUNE 14, 2010 174CITY OF KITCHENER - - COMMITTEE OF THE WHOLE ND A. BY-LAWS LISTED ON THE AGENDA – 2 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. ADMINISTRATIVE REPORTS – Various Tenders 1. Dealt with under Delegations. DTS-10-124 – Zone Change Application ZC 10/01/COK/SR – City Initiated 2. Housekeeping Amendments – 87, 91 & 97 Victoria Street North Council considered Development & Technical Services Department report DTS-10-124 (A. Pinard) dated June 7, 2010. It was resolved: “That further to the Housekeeping changes (ZC 10/01/COK/SR) to Zoning By-law 85-1 approved by Council on May 17, 2010, a zone change for 87, 91 and 97 Victoria Street North, as detailed in the by-law attached to Development and Technical Services Department report DTS-10-124, dated June 7, 2010, be approved (without conditions); and further, That the by-law in the form attached to report DTS-10-124, be taken as read a first and second time and be recommended for enactment.” FIN-10-092 – Development Charges By-law Amendment (Parking) 3. Dealt with under Delegations. CRPS-10-104 – Request to Sell Food & Merchandise – Victoria Park 4. Council considered Corporate Services Department report CRPS-10-104 (R. Gosse), dated June 9, 2010. It was resolved: “That the request of The Record to sell food and merchandise in Victoria Park on June 29 or June 30, 2010 (rain date) be approved, provided the necessary licences, including Health approval is obtained; and further, That The Record be granted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code in conjunction with an event in Victoria Park on June 29 or June 30, 2010 (rain date) from 9 p.m. to 11 p.m. subject to the following conditions: 1. All sound will be turned off by 11:00 p.m.; 2. The Victoria Park Working Group be notified; and, 3. The organizers will provide contact information for an on-site contact person in the event that a concern is received.” CRPS-10-105 – Requests for Permission to Operate Downtown Sidewalk Patios – 5. The Silver Spoon Fine Chocolates (217 King St W) and King’s Kookery (183 King St E) Council considered Corporate Services Department report CRPS-10-105 (J. Sheryer), dated June 9, 2010. COUNCIL MINUTES JUNE 14, 2010 175CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS – (CONT’D) CRPS-10-105 – Requests for Permission to Operate Downtown Sidewalk Patios – 5. The Silver Spoon Fine Chocolates (217 King St W) and King’s Kookery (183 King St E) – Cont’d It was resolved: “That, subject to obtaining all necessary staff approvals, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) or operator(s) of The Silver Spoon Fine Chocolates located at 217 King Street West and King’s Kookery located at 183 King Street East for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties and such use to terminate no later than October 31, 2010 or such later date as approved by the Director of Operations; and further, That planters and plants be approved as alternatives to fencing for The Silver Spoon Fine Chocolates and King’s Kookery.” CRPS-10-103 – Request to Declare Surplus Lands – Clark Avenue 6. Council considered Corporate Services Department report CRPS-10-103 (L. MacDonald), dated June 9, 2010. It was resolved: “That Block J, Plan 1007, in the City of Kitchener, be declared surplus to the City’s needs for the purpose of conveying same to Todd Kramp and Mary Kramp; and further, That the Mayor and Clerk be authorized to execute any documentation in this regard required by and to the satisfaction of the City Solicitor.” CRPS-10-079 – Committee of Adjustment Sign Variance – 59 Frederick Street 7. Council considered Corporate Services Department report CRPS-10-079 (D. Gilchrist), dated May 27, 2010. It was resolved: “That the application of Infrastructure Ontario (SG 2010-011 – 59 Frederick Street) requesting permission to erect banner signs on a construction site fence on Duke, Weber and Scott Streets, for a temporary period of time; whereas the Sign By-law does not permit signs to be located on fences, on Part Lot 1, Plan BE 364, Part Lots 5, 6 & 7, Plan 372, 59 Frederick Street, Kitchener, Ontario, APPROVED , subject to the following condition: 1. That the owner shall apply for and receive approval of a sign permit from the City of Kitchener.”