HomeMy WebLinkAboutCouncil - 2011-11-14COUNCIL MINUTES
NOVEMBER 14, 2011 CITY OF KITCHENER
The Council of the City of Kitchener met this date with all members present except Councillor D.
Glenn-Graham.
The meeting began with the singing of "O Canada" by Victoria Whiteman, King School of Vocal.
On motion by Councillor Y. Fernandes the minutes of the regular meeting held October 24, 2011 and
special meetings held October 24, November 1 and 7, 2011, as mailed to the Mayor and Councillors,
were accepted.
It is noted for the record that pursuant to Section 25.8.9 (Council Procedure) of the Municipal Code,
Councillor F. Etherington disclosed a pecuniary interest at the in-camera meeting of City Council held
November 7, 2011 in respect to a matter involving solicitor-client privilege.
COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL
Mr. Ron Craigen, Board Chair, and Ms. Genevieve Twomey, Executive Director, Kitchener-Waterloo
Symphony, presented the organization's 2010-2011 Annual Report. Mr. Craigen thanked Council for
its funding support representing 4.3% of its $5.3M operating budget in 2011 derived from its annual
operating grant and an added arts and culture sustainability grant. Ms. Twomey highlighted key
events of the Symphony's 2010-2011 season, noting increased subscription revenues, a new
programming partnership with the Toronto Sony Centre, naming of the Symphony in the "Top 5
Things to Do" by the National Post and a new four-year agreement with its musicians. It was also
noted that the Symphony reduced its accumulated deficit from $630,000 to $530,000 through support
of its patrons, donations and government partners; and recognizes that while ending the season with
an operating surplus similar results will be needed over the next several years to eliminate their
deficit. Ms. Twomey responded to questions, advising that consistent leadership among the Board of
Directors and the Symphony's senior staff team has been a key factor in achieving positive results.
Ms. Jo-Ann Vasselin, Co-ordinator, Homelessness & Housing Umbrella Group (HHUG), presented
the group's 2011 Report Card, produced to raise awareness to the issues of homelessness and
affordable housing in the Region of Waterloo. Ms. Vasselin noted that this year's focus was on
innovative housing solutions, citing an example of the Sunnyside Supportive Housing and Campus in
Kitchener, and recognition that more work needs to be done in providing housing with supports. Ms.
Vasselin reviewed the Region's grading in categories related to homelessness, rental housing (cost,
income and availability), support to maintain housing, and overall housing stability. She stated that
becoming more innovative is important to achieve the vision of housing stability for all and requires
involvement from all levels of government and all sectors of the community.
Ms. Vasselin responded to questions, advising that the grading is based on the number of
households derived from data collected by a volunteer ad hoc committee, whereas, the actual
number of adults and children is unknown. She stated that the group's mandate is housing and
housing stability and they have not gone beyond that to consider other gaps such as transportation
and employment; however, the group may consider including health in its next Report Card because
it represents a high cost factor of homelessness. She also suggested that more needs to be done to
support and encourage landlords to accept persons with special needs and that the group would be
willing to work with the City to partner in utilizing community centres as a means of support.
A delegation representing the Juvenile Diabetes Research Foundation, led by Mr. Chris Lee,
announced that November is Diabetes Awareness Month during which fundraising is undertaken in
support of diabetes research. Mr. Lee stated that the purpose of their presentation was to bring
awareness to Type 1 Juvenile Diabetes and the impact it has on Canadian families living with the
disease. He conveyed his personal experiences with his son, Griffon, who has juvenile diabetes and
Griffon read aloud his story from a book written by his Mother to raise funds for diabetes research.
Mr. Lee also announced that Southwestern Ontario was chosen by the Federal Government to locate
a Clinical Trial Network Centre at the University of Waterloo, which will explore new treatments and
technological advances, including an Artificial Pancreas Project designed to provide an automated
system to disperse insulin and which will dramatically improve the lives of those living with the
disease.
Ms. Michelle Drake, Heritage Planner, presented background information in regard to Clause 2 of the
Heritage Kitchener report of this date, concerning Heritage Permit Application HPA 2011-V-021
requesting permission to install solar panels at 103 St Clair Avenue. It was noted that the property is
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located within the St. Mary's Heritage Conservation District (SMHCD) and the solar panels are
proposed to be installed on the front, left side and rear of the roofline of the residential building.
Under regulation of the Ontario Green Energy Act, renewable energy projects are required to comply
with the requirements of the Ontario Heritage Act. The SMHCD specifies that alterations to the height
or roof line of existing buildings should be avoided as it may alter the character of the building and the
guidelines suggest that solar panels be kept to the rear of existing buildings. Heritage Planning staff
are in the process of drafting guidelines for installation of solar panels on cultural heritage resources
for review by Heritage Kitchener and Council, which in general would permit installation of solar
panels where they are not visible from the public realm and in instances where the panels are
permitted to be installed visible to the public realm certain conditions would be applied. The draft
guidelines were applied to the HPA and the panels proposed for the front and left side do not comply
with either the SMHCD or the draft guidelines; and, the Committee's recommendation is to refuse the
HPA. Ms. Drake advised that subsequently an alternative approach was discussed with the applicant
that would provide faux panels to be installed in the voids along the roofline so that the entire solar
panel system would match the shape of the roof on the front and left side roofline. It was also
determined that the manufacturer could provide black panels with a black frame to provide a more
consistent colour. The alternative approach is acceptable to Heritage Kitchener staff and if it is
Council's intent to approve the HPA, Ms. Drake requested that two conditions be applied to provide
that: the applicant submit revised drawings and specifications for black solar panels with black
frames to match the shape of the roofline; and final building permit drawings be reviewed and
clearance issued by Heritage Planning staff prior to issuance of a building permit.
On motion by Councillor Z. Janecki, seconded by Councillor Y. Fernandes, Clause 2 of the Heritage
Kitchener report of this date was brought forward for consideration.
Mr. Don Wright, Paid4Power Inc., spoke on behalf of the owner of 103 St. Clair Avenue, advising that
the intent of installing the solar panels is to supplement retirement income. He stated that the
manufacturer has indicated that they cannot produce functioning panels in a triangular shape and the
only solution is to provide a false triangular panel that would not produce electricity. Mr. Wright
advised that his client is willing to comply with the guidelines on the basis of the proposed alternative
approach.
Moved by Councillor Z. Janecki
Seconded by Councillor J. Gazzola
"That Clause 2 of the Heritage Kitchener report of this date be amended to provide that
Heritage Permit Application HPA 2011-V-021 requesting permission to install solar panels at
103 St Clair Avenue be approved subject to the applicant submitting revised drawings and
specifications for black solar panels with black frames to match the shape of the roofline; and
final building permit drawings being reviewed and clearance issued by Heritage Planning staff
prior to issuance of a building permit."
Carried.
Ms. Jennifer Meader, Townsend and Associates, attended in regard to Clause 3 of the Planning &
Strategic Initiatives Committee report of this date, concerning the Kitchener Growth Management
Plan (Fall 2011-Fall 2013+). Ms. Meader advised that she acts as legal counsel to Tru-Villa Inc. and
2040796 Ontario Limited (Mattamy Group of Companies) with respect to their lands within the
Rosenberg Secondary Plan. She referred to correspondence dated November 8, 2011, in response
to a request for clarification of the signators to the Ontario Municipal Board Minutes of Settlement.
Ms. Meader advised that the developers for Parcels 120 and 121 were not parties to the agreement
although they were requested at the time to acknowledge that they had no issue with the Mattamy
settlement.
Councillor K. Galloway inquired if any developers, other than Ms. Meader's clients, had assisted in
developing the Minutes of Settlement. Ms. Meader advised that the agreement was negotiated and
presented for comment to participants in the appeal process and some suggestions of others were
taken into account. She reiterated, however, that the Settlement Agreement was only executed by
her clients, adding that while letters indicating no objection were received by Cook Homes Ltd. and
Big Springs Farms Ltd. they were not signators to the agreement.
Mr. Paul Britton, MHBC Planning, attended on behalf of Activa Group, regarding Parcel 90 in Doon
South -Phase 2, requesting that their lands be identified as a Priority `B' to allow his client to
negotiate a servicing agreement with the City to the benefit of both parties. Mr. Britton commented on
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statistics related to housing supply, suggesting that projections indicate a shortage of supply
particularly within the Region, relative to the objectives of the Provincial policies and guidelines. Mr.
Britton asked Council to support a change in status to a Priority `B' for the Activa -Doon South Phase
2 lands, as well as, for the Monarch -Doon South Phase 2 lands, identified as Parcels 97 and 101.
Mr. Britton responded to questions concerning housing supply statistics, stating that within existing
Regional draft plans there is approximately a 2.9 year supply of residential lots to consist of singles,
semis and street fronting townhomes. He confirmed that Activa lands have draft plan approvals in
place and are not affected by the Ormston lands which do not have draft plan approval as yet. Mr.
Britton further confirmed that if a change in priority status is agreed to that will allow his client to enter
into negotiation for a Credit Refund Agreement, those discussions would be commenced
immediately. Councillor Z. Janecki questioned if Activa was prepared to support prepayment of hard
services and front-end finance at time of registration of the draft plan rather than at the building permit
stage. Mr. Britton responded that the intent is to positively address the City's cash flow in advance of
the building permit stage and Activa be reimbursed as expensed through the Capital Budget. Mr.
Britton advised that revenues versus costs equate to approximately $13M in revenues to $6M in
expenses, and if a Priority `B' status is not approved the projected revenue would be delayed.
Councillor K Galloway questioned that if front-end financing occurs, if Activa is willing to pay all
associated operating costs going forward until such time as they would normally be scheduled into
the City's budget and Mr. Britton confirmed that Activa was prepared to do so.
Mr. Ian Cook, Ian Cook Construction Ltd., attended in support of his request to change the priority
status of their lands designated as Parcel 120 -Rosenberg Community to a Priority `B'.
Mr. Vaughn Bender, Schlegel Urban Development, attended in support of his request to change the
priority status of Big Spring Farms Ltd. lands designated as Parcel 120 -Rosenberg Community to a
Priority `B'.
Mr. Bender responded to questions, advising that all participants in the OMB hearing process
participated in the drafting of the settlement ultimately agreed upon and his client was one of the
participants. He added that his client did provide acknowledgement of acceptance of the Minutes of
Settlement. Mr. Bender further stated that it was their understanding a Priority `B' designation was to
apply to all of the lands in Area 3 within the Rosenberg Community and was of the opinion that
applying a Priority `B' status to the lands in question would be consistent with the OMB Minutes of
Settlement and the ideals of the City's Planning staff at that time.
Councillor Y. Fernandes questioned if Activa was aware of what all was required in respect to
servicing at the time of purchasing their lands and Mr. Britton responded that they were aware of
related development costs.
On motion by Councillor B. Vrbanovic, seconded by Councillor Z. Janecki, Clause 3 of the Planning &
Strategic Initiatives Committee report was brought forward for consideration dealing with approval of
the Kitchener Growth Management Plan (Fall 2011-Fall 2013+), as amended to provide that the
priority assignment be revised from Priority `C' to Priority `B' for Parcels 120, 121 and 126 of the
Rosenberg Community and for Parcels 90, 97 and 101 of Doon South Phase 2.
Councillor Y. Fernandes questioned what other servicing is required for the Doon South Phase 2
beyond the pumping station. Mr. B. Sloan, Manager, Long Range Planning, advised that the area in
question requires a pumping station currently scheduled for 2019 at an estimated cost of $16.5M. In
addition, improvements are anticipated to the Doon Pioneer Park Community Centre, Blair Creek
Bridge, and Strasburg Road intersections. He stated that formal costing is pending a benefit analysis
of all revenues versus expenses for the area.
Councillor J. Gazzola requested clarification of the rationale for changing to a Priority `B' status. Mr.
A. Pinard, Director of Planning, confirmed that the major difference provides the developer with the
ability to negotiate a Credit Refund Agreement and he was not aware of an appeal process should
Council elect not to change the priority assignments requested.
Councillor Z. Janecki inquired as to the timeframe for the next review of the Development Charges
By-law. Mr. D. Chapman advised that the by-law expires mid-year in 2014 and review would
commence in 2013. Councillor Janecki requested clarification of the purpose of reporting in the fall of
2012 on the status of the Development Charge Reserve Fund. Mr. A. Pinard advised that follow-up
discussions will be held with landowners to receive input on potential ways to improve the
development charge process and to investigate creative ways to address the shortfall in the Reserve
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Fund that could be taken advantage of. Councillor Janecki questioned if Council could direct an
earlier review of the Development Charge By-law and Mr. Chapman advised that would be an option.
Councillor B. Vrbanovic questioned if it would be helpful to lay out some fundamental expectations in
respect to negotiating the front-end financing agreements. Mr. Pinard concurred that an additional
clause to the motion to deal with managing of expectations would be reasonable if the change in
priority assignments is approved. Councillor Vrbanovic suggested that rather than attempt to define
details at this time that staff report to a future Committee meeting.
Councillor B. Vrbanovic advised that he was changing his amendment by adding a clause to direct
that staff report to a future Planning and Strategic Initiatives Committee meeting on a proposal to
manage the level of expectations among all interested parties in negotiating development of these
lands.
Councillor Vrbanovic stated that approval of the change in priority assignments simply creates an
environment to enter into dialogue with the City to address development and servicing issues, and
knowing the challenges of the Development Charge By-law there is need to be open to creative ways
to make changes. He added that it is important to specify a level of expectations, suggesting that for
the developer to simply say they will front-end servicing costs and not consider operating costs is not
sufficient and putting standards in place will help in this regard. Councillor Vrbanovic stated that there
is compelling arguments to warrant consideration of the requested change in status, including
honoring the OMB process and the ultimate decision that was made. He pointed out that developers
were asked to exercise patience while the City undertook necessary studies which have now been
completed and as these communities are ready for development the City should remain open to
dialogue and if there is no creative solution forthcoming then the City can opt not to proceed.
Councillor Y. Fernandes advised that while she could agree with Councillor Vrbanovic in part, she
could not support the change in status for the Doon South Phase 2 lands given unforeseen costs.
She noted that the capital expenditure and future operational costs of the pumping station would be
six years earlier than scheduled and suggested that the cost of infrastructure should be managed in
conjunction with the KGMP. She added that given the City is not keeping pace with its infrastructure
renewal program she was of the opinion that adding more new services earlier than scheduled would
be foolhardy.
Councillor Z. Janecki spoke in support of the requested change in priority status, given the plans are
ready to come on stream and will provide employment opportunities and through front-end financing
will be of a benefit to both the developer and the community.
Mr. A. Pinard advised that if both clusters are re-assigned it will leave very few Priority `C'
developments and suggested that Council consider amending the motion to provide that Priority `B'
and Priority `C' categories be collapsed and wording to effect a system of prioritization be included.
Councillor B. Vrbanovic stated that his intent is to determine a way to manage some of the
expectations as to what, at minimum, should occur to ensure there is benefit to the community and
maintained that a report should come back at a future date.
Moved by Councillor B. Vrbanovic
Seconded by Councillor Z. Janecki
"That Clause 3 of the Planning & Strategic Initiatives Committee report of this date be adopted,
as amended."
A request was made to vote separately on the two changes in priority assignments and all voting in
regard to this motion to be by recorded votes.
Part 1 -Parcels 120, 121 and 126 of the Rosenberg
Community -Carried Unanimously by all members
present.
Part 2 -Parcels 90, 97 and 101 of Doon South Phase
2 -Carried.
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In favour: Mayor C. Zehr and Councillors J.
Gazzola, B. loannidis, Z. Janecki, K. Galloway,
S. Davey, B. Vrbanovic and F. Etherington
Contra: Councillors Y. Fernandes and P.
Singh.
Absent: Councillor D. Glenn-Graham.
Balance of Clause 3 -Carried Unanimously by all
members present.
Motion Carried.
Mayor C. Zehr advised that a number of delegations had registered to speak to Clause 4 of the
Community and Infrastructure Services Committee report of this date regarding the Kitchener
Rangers Hockey Club (KRHC) proposal for an expansion to the Kitchener Memorial Auditorium
Complex (KMAC).
Mr. Craig Campbell, President, KRHC, stated that with growing community interest in Rangers games
the seating capacity at KMAC created challenges that need to be addressed and having weighed
numerous options, the KRHC Board of Directors fully supports the proposed expansion plan. He
added that they have considered the issue of parking and he expressed the opinion that a change in
culture, not just relative to the KMAC, but community-wide is needed to reduce motor vehicle use to
achieve reductions in the carbon footprint. He pointed out that KRHC has proposed implementing a
shuttle service from the Downtown core to the KMAC and he was confident that partnership in the
expansion proposal will be mutually beneficial for all.
Councillor B. Vrbanovic questioned if the KRHC would be willing to implement a shuttle service earlier
than the start of the New Year and if they would be willing to work with City staff to develop an overall
parking plan for report to Council by the end of February 2012, so as to address the issue of parking
in a more timely manner. Mr. Campbell stated that he believed they would be willing to do so but
would defer comments on the parking issue to Mr. Steve Bienkowski, Chief Operating Officer.
Mr. Tom Graham, President, Kitchener Minor Hockey Association (KMHA), spoke in favour of the
expansion commenting that changes are needed to ensure the KMAC is in position to continue to
attract high caliber events. He added that the KRHC has been of significant help to the KMHA
through outstanding sponsorship programs that help prepare up-and-coming hockey players for the
next level of play.
Mr. James Howe, resident, stated that he has lived in close proximity to the KMAC since an early age
and while he supports the expansion and proposed financing arrangements, he asked that a solid
plan be in place to address parking and traffic issues before construction begins. He expressed the
opinion that a shuttle service would not work without a mix of incentives /disincentives for on-site
parking and suggested that the assumptions made in the report regarding where patrons would be
willing to park is erroneous.
In response to questions, Mr. Howe advised that at a public open house the majority of
neighbourhood residents in attendance were concerned with the issue of parking and it was his
opinion their concerns were not adequately addressed. He added that the suggestion of Councillor
Vrbanovic in regard to development of a parking plan by end of February 2012 gives some comfort;
however, he noted that parking appears to be an afterthought rather than a critical component and
reiterated that the neighbourhood would like to see a solid parking plan in place prior to the start of
construction.
Mr. Tim Jackson, resident, stated that the KRHC supports many community programs, including the
Food Bank which he is involved with and he supports the proposed expansion as it will provide
greater opportunity for the KRHC to give back to the community through its sponsorship programs.
Mr. Mike Farwell advised that while he is associated with the KRHC through his work, he was not
speaking for the KRHC but rather as an individual resident living in close proximity to the KMAC. He
agreed that streets around the KMAC are crowded with parked vehicles on any given night, whether
for a Rangers game or other special event; however, personally he is not bothered by it and accepts it
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as a fact of living in close proximity to the venue. He stated that the KMAC adds vibrancy to the
community and encouraged those living in the area to view the venue as an opportunity to build
community.
Mr. Steve Bienkowski, Chief Operating Officer, KRHC, referred to comments made in recent media
coverage concerning shelving the expansion plan in favour of looking at a new arena. Mr.
Bienkowski confirmed that the KRHC does not require a new arena at this time, pointing out that the
cost of same at $150M would be even more of a struggle for the community to accept than the $9.6M
attributed to the expansion plan. He advised that the KRHC has strived for transparency and has
been respectful of the process in development of the expansion plan and is confident that the
proposed loan, including interest, will be repaid. He added that he wished to make it clear that the
KRHC will cover the increased operating costs associated with the 1,000 seat expansion for Rangers
games. Mr. Bienkowski pointed out that the expansion provides for $9.6M in improvements to the
KMAC at no cost to rate payers; and while KRHC's proposal does not offer the City a revenue sharing
arrangement pending repayment of the capital loan, there is opportunity for the City to achieve
revenue growth through increased food and beverage concession sales.
Mr. Bienkowski acknowledged concerns regarding parking, advising that KRHC is willing to work to
improve parking; however, he expressed the opinion that parking on side streets will not change in
any event given it has been a constant throughout the long life span of the KMAC. He added that
KHRC believes a shuttle system is viable but acknowledged that it will require effort to educate the
public in its use. Mr. Bienkowski further advised that the Kitchener Downtown Business Improvement
Area (KDBIA) has indicated that if the expansion is approved they would support a shuttle service
and do what they can to help the KRHC make it a success.
Councillor B. Vrbanovic requested confirmation that the KRHC is offering to pay all construction
costs, all interest on the loan and all operational costs of the additional seats in lieu of the normal
19% revenue sharing going toward payment of the loan until the loan is repaid. Mr. S. Bienkowski
stated that this was correct but clarified that the operational costs to be paid by the KRHC relate to
use of the expanded seating for Rangers games only. Councillor Vrbanovic requested clarification of
the percentage of other revenue streams coming to the City and Mr. Bienkowski advised that the City
will retain 100% of all concession proceeds. Councillor Vrbanovic questioned if it was intended to
rope off the expanded seating area when Rangers games are not playing and therefore, not be
available for other events. Mr. Bienkowski advised that while the design of the expanded seating
provides capability to close off the area they will remain available for use to others and access for
other events will be at discretion of the City.
Councillor F. Etherington requested explanation as to the reasons the KRHC does not want to wait for
the outcome of a grant application to Infrastructure Ontario (10). Mr. Bienkowski stated that KRHC
has been advised by the 10 that they are eligible under the grant program; however, they cannot
confirm financing from 10 within the required timeframe to accomplish the expansion project. He
added that initial estimates indicate financing through the 10 will increase costs by approximately
$400,000, the difference of which KRHC would look to the City to off-set. Mr. Bienkowski noted that
staff has indicated the City has borrowing ability and is in a strong financial position and has no
concerns with KRHC's ability to repay a loan. Councillor Etherington questioned why a provincial
grant was not pursued earlier. Mr. Bienkowski advised that they had just become aware of the 10
program which only commenced allowing submissions from sports groups effective September 1,
2011. He added that they met with officials of the program as soon after becoming aware as was
possible but it took a period of one month just to be advised they were eligible. Mr. Bienkowski
suggested that concerns regarding the 10 application are misleading, reiterating that financing
through the 10 would add extra costs to the City. Councillor Etherington questioned the feasibility of
the KRHC to repay the loan sooner than the 15-year term. Mr. Bienkowski advised that KRHC is
willing to look at earlier retirement of the loan but would not agree to a repayment plan that would put
the organization at risk. He suggested that if all goes as expected the KRHC may be in position to
retire the debt earlier, which could be effected by a 10-year term and the balance repaid in a balloon
payment; however, if KRHC cannot retire the debt at that time then they may have to request another
2 year debenture. He noted that the City could borrow at a lower rate over 10 years and the amount
owing at that time would be negligible. Mr. D. Chapman advised that these are options that need to
be considered at time of the debt issuance.
Mayor C. Zehr questioned the timing for debt issuance and Mr. Chapman advised that debt issuance
would be in 2012 or 2013, with the decision on the terms of debt issuance to be made in 2012.
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Councillor S. Davey questioned the financial contributions to the community from the KRHC and an
estimate of how many jobs the proposed expansion is likely to create. Mr. Bienkowski advised that in
each of the past 2 years the KRHC has given back approximately $400,000 to the community and in
discussions with a local contractor, it is estimated that there will be approximately 22 workers on site
each day for a period of 8 months. He added that economic spin-off from the expansion is outside of
the scope of the business plan; however, the KRHC complement is anticipated to increase by one to
two positions.
Councillor P. Singh requested clarification as to the KRHC's ability to start sooner to implement a
shuttle system and Mr. Bienkowski stated that the organization and the KDBIA would like to see a
start in January 2012 and he would be willing to commit to doing so.
Councillor Z. Janecki referred to Clause 5 of the Community and Infrastructure Services report of this
date concerning $20M in building improvements proposed for the KMAC over a period of 20 years
and questioned if these are a requirement of the expansion proposal. Mr. Bienkowski stated that the
building improvements have been needed over the past 3 years and is a safety issue for the players.
The improvements have been put off with temporary measures taken in the interim of determining
what direction would be taken in regard to the Auditorium. Mr. Bienkowski added that the KRHC has
agreed to contribute approximately $1 M to help fund these improvements if the expansion proposal
goes ahead. Councillor Janecki raised concerns that given the 60-year age of the KMAC that at
expiration of the expansion loan, the KRHC would be back to have similar discussions concerning
either another expansion or a new facility. Mr. Bienkowski expressed the opinion that this likely marks
the end of expansions for the KMAC but pointed out that notwithstanding it is one of the oldest
facilities in the League, it is also one of the finest because it has been well maintained by the City;
and any future decision to consider further expansion is likely to be due to capacity demand and not
because the facility itself could not carry on. He added that the $20M in building improvements is
related to maintenance of the facility and not to the proposed expansion.
Councillor J. Gazzola requested clarification of the projected revenues relating to interest on the
reserve account. Mr. Bienkowski advised that the business plan projects revenue relating to interest
on the reserve account which is to go back into the reserve each year and is to be segregated out
from the KRHC's general accounts and investments so that the excess revenues can be available to
meet their loan repayment obligations. Councillor Gazzola requested clarification of the KRHC's
position on paid parking at the KMAC. Mr. Bienkowski stated that they are reluctant to pursue same
in that, if paid parking were to apply only to Rangers games that would be considered unfair as it
would equate to a tax on Rangers fans. He added that they would be open to discussions on the
basis of a consistent approach to all activities held at the KMAC. Councillor Gazzola questioned the
impact of a one-year delay in approving the proposal pending development of a parking plan. Mr.
Bienkowski advised that the KRHC would not then go forward with the proposed expansion, pointing
out that they have been working on this proposal for several years with dollars already invested. He
stated that if not approved, the KRHC will continue to operate as they have, and will then only
undertake minor improvements that would not require financial assistance from the City. He further
stated that a delay would put added stress on the business plan, noting that interest rates are good at
this time and they would like to take advantage of current rates.
Councillor J. Gazzola questioned the feasibility of raising the Capital Reserve Fund charge per ticket.
Mr. Bienkowski suggested that if it could be shown that Rangers fans were under-paying in
comparison to other events it could be justified but expressed the opinion it would equate to a tax
grab. Councillor Gazzola questioned the level of acceptance if the added charge was applied to all
users and Mr. Bienkowski responded that the City is at liberty to do so and could be applied on
expiration of their existing lease.
Councillor Y. Fernandes questioned how the KRHC's proposal in terms of the City taking on
increased debt can be justified to residents who are not Rangers fans. Mr. Bienkowski commented
that the expansion proposal is being 100% paid for by the KRHC to enhance a City facility which is
used for more than just Rangers games and expressed the opinion the proposal is of benefit not only
to the KRHC but to the community as a whole.
Councillor B. Vrbanovic requested clarification that the KRHC is willing to have a proposed parking
plan for consideration by end of February 2012. Mr. Bienkowski confirmed that KRHC is committed
to working with staff to do so, noting that parking issues were not ignored and are the reason the
organization asked staff to do a study and why a shuttle system has been proposed.
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A motion by Councillor K. Galloway, seconded by Councillor S. Davey, was brought forward to adopt
Clause 4 of the Community and Infrastructure Services Committee report of this date to grant
approval to the KRHC to proceed with an expansion to the KMAC.
Councillor B. Vrbanovic proposed to amend Clause 4 to provide that the KRHC be requested to
implement a shuttle bus system as soon as possible to service Ranger games held at the KMAC, and
that the KRHC work with City staff toward development of a parking plan, with a report to come
forward for consideration by the end of February 2012. Councillor K. Galloway accepted the
proposed amendments as friendly.
Councillor J. Gazzola questioned the percentage of activity at the KMAC that would account for
KRHC's activities. Ms. K. Kugler, Manager, KMA, Arenas and Golf Courses, advised that spectator
attendance equates to approximately 50% of all events held at the KMAC, with approximately 35% to
other events and the remainder associated with ice rentals. Ms. Kugler also noted that the number of
customers related to Rangers games would represent on average about 45% of attendees.
Councillor Gazzola questioned the Capital Reserve Fund charges currently applying to City facilities.
Ms. Kugler advised that for the KMAC the charge varies from $0.25 to $2.75 dependent on the type of
event and actual price of tickets. She added that for a Rangers game the charge to game season
ticket holders is $1.08 and for non-subscriber ticket purchases $1.27, with the average price per ticket
at $12. Councillor Gazzola questioned the charge for the Centre in the Square and Mayor C. Zehr
advised that it is approximately $2.50 but pointed out that events are more costly and ticket prices are
substantially higher.
Councillor Z. Janecki raised questions concerning enforcement of illegally parked vehicles. Ms. K.
Kugler advised that By-law Enforcement regularly receives a schedule of Rangers games so they can
respond to the issue of parking on side streets. She noted that Auditorium staff actively engage with
neighbourhood residents, inviting them to events and working with them to resolve concerns. She
pointed out that the staff report makes recommendations on changing the manner in which citizens
come to the KMAC and how side streets will be addressed in terms of emergency vehicle access.
Ms. Kugler stated that while all situations cannot be predicted staff do respond to concerns raised and
take corrective action.
Councillor Janecki requested clarification in regard to the Auditorium building improvements and Ms.
C. Fletcher, Director of Facilities Management, advised that a facility audit was completed in
September 2011 and a report was presented to Council outlining $23M in improvements that will be
needed over the next 20 years. The largest upgrade is the new dehumidification and building
controls system to be considered this date and the remainder is to be completed over a number of
years and will be included in the 10-year Capital Forecast. Councillor B. loannidis questioned
efficiencies to be achieved with the new system. Ms. C. Fletcher advised that there may be
efficiencies gained in staffing as a result of installing a mechanical building controls system but could
not quantify numbers at this time.
A motion by Councillor J. Gazzola, seconded by Councillor Y. Fernandes, was brought forward for
consideration to amend Clause 4 to provide that effective January 1, 2013 an increase in the Capital
Reserve Fund charge of $0.50 per ticket be applied to all event activities at the KMAC.
Councillor K. Galloway advised that she could not accept the motion as friendly unless revised to
direct that staff report back on the implications of the proposed increase in ticket surcharge.
Councillor Gazzola expressed the opinion that a report was not necessary and the matter should be
dealt with at this time. Councillor Vrbanovic spoke in opposition to proceeding prior to obtaining
information from staff and as there is no urgency to push forward in this regard he was requesting the
matter be deferred to the 2012 operating budget deliberations.
Moved by Councillor B. Vrbanovic
Seconded by Councillor K. Galloway
"That consideration of an increase in the Capital Reserve Fund charge of $0.50 per ticket to be
applied to all event activities at the KMAC effective January 1, 2013, be referred to the 2012
Operating budget deliberations."
A recorded vote was requested.
COUNCIL MINUTES
NOVEMBER 14, 2011 - 307 - CITY OF KITCHENER
In favour: Mayor C. Zehr and Councillors B.
loannidis, Z. Janecki, K. Galloway, S. Davey, B.
Vrbanovic, F. Etherington and P. Singh
Contra: Councillors J. Gazzola and Y. Fernandes
Absent: Councillor D. Glenn-Graham
Motion Carried.
Councillor K. Galloway spoke in support of the KRHC's proposal on the basis that the loan versus
financing by Infrastructure Ontario saves the City approximately $400,000; the City will benefit from
additional revenues accrued through concession sales; there is minimal risk as KRHC has been a
good community partner and has brought forward a good business plan; expansion will provide
added opportunity to KRHC to give back to the community; KRHC has agreed to work with the City
on development of a parking plan; KRHC is covering the operational costs associated with the
additional seating for Rangers games; and no new arena is required as the proposal meets KRHC's
needs.
Councillor F. Etherington advised that he remains concerned with parking issues, expressing the
opinion that a plan should be in place before construction begins. He added that he also remains
concerned with the issue surrounding the City's debt load and the fact that expert advice of City staff
is apparently being ignored. He stated that while he was certain the KRHC will repay the loan it still
represents debt to the City and he could not support the proposal on this basis.
Councillor B. Vrbanovic supported the proposed expansion, acknowledging that the KRHC is
committing to pay the full cost of the expansion, including interest on the loan and operational costs
for the additional seats for Rangers games, and the City will accrue increased revenues from
concession sales. He stated that the improvements to the KMAC are not just about the Rangers but
rather will add to the quality of life to the benefit of the community as a whole and is a wise
investment.
Councillor J. Gazzola commented that he did not believe the proposal equates to no cost to the rate
payer, noting that the City's debt load is at a critical level and could be impacted by unforeseen
events. He suggested that if the KRHC was to be financed by another creditor and could not meet its
obligations, they could come to the City to seek financial assistance at that time as has been the case
in the past with other organizations such as the Kitchener Minor Soccer Association. He agreed that
the issue of parking should be settled prior to commencement of this project and that a shuttle system
would not work without a system of paid parking at the KMAC and strict enforcement. He suggested
that there are other operating costs that have not yet been considered including additional ushers,
cleaning expenses, repairs and maintenance, and increased utilities. He stated that the KMAC
annually costs $1 M in operating expenses, as well as in excess of $1 M for capital maintenance and if
the expansion proceeds, suggested that it would result in an approximate 25% increase in operating
costs. Councillor Gazzola stated that it is for these reasons he proposed an increase in the Capital
Reserve Fund charge applied to tickets to ensure users pay for the added costs and was of the
opinion an additional $0.50 per ticket surcharge was not unreasonable.
Councillor Z. Janecki advised that while he was impressed with the offer as presented by the KRHC,
he also was concerned with issues raised related to parking, the shuttle system and the City's debt
load. He added that because of ongoing operating costs and anticipated improvements of
approximately $20M over the next 20 years he remained concerned of the potential for future
requests to further expand and/or build a new arena.
Councillor S. Davey commented that the KRHC is community owned and notwithstanding that they
are a not-for-profit organization, they have contributed approximately $400,000 back into the
community annually that if replaced by increased taxation would equate to an increase of .5%. He
noted that the proposal does not ask for any grant funding and will provide opportunity to create
employment, generate added revenues to the City and will make it easier to attract larger events into
the City. He shared concerns regarding the City's debt load; however, he suggested that in respect
to this proposal it is misleading as in all probability there will be no cost to the rate payer given a
strong business plan that may see the KRHC repay the loan earlier than the proposed term.
Councillor Davey added that he had asked the question of staff of the need to insure the debt and on
the basis of a strong business plan, staff had indicated it was not necessary and had no concerns that
the loan would not be repaid.
COUNCIL MINUTES
NOVEMBER 14, 2011
- 308 -
CITY OF KITCHENER
Mayor C. Zehr stated that to put off expansion at this time because of concerns that a new facility
may be raised again in the future would not be prudent, pointing out that the estimated $150M
associated costs has made it clear it is too expensive and it is not likely to happen. Mayor Zehr
added that the KRHC has clearly indicated that they will pay all operating costs associated with the
expanded seating for Rangers games and in respect to users paying, he stated that they are in that,
KRHC is paying the full cost of the expansion and these commitments will be formalized in
agreements so it is clear there will be no cost to the rate payer. He reminded that the KRHC is
contributing approximately $1 M to the cost of building improvements for a new dehumidification and
building controls system and if the expansion does not go forward those dollars will not be extended
and the City will be left to pay the full costs that will amount to $2.5M in rate payer dollars. Mayor Zehr
commented that the current debt load relates to planned debt over a period of approximately 8 years
that is to expire in 2014 and to raise same in regard to this item is a red herring as the proposal is not
increasing debt risk to the City because of a sound business plan. He agreed with concerns
regarding parking advising that is why he supports the amendments to address the issue so as to
provide a level of comfort to the neighbourhood. Mayor Zehr suggested that it is Council's
responsibility to find a way through controversy to do what is best for the overall good of the
community and if one believes in building community the opportunity to do so rests with the decision
to be made this date.
Moved by Councillor K. Galloway
Seconded by Councillor S. Davey
"That Clause 4 of the Community and Infrastructure Services Committee report of this date, as
amended, be adopted."
A recorded vote was requested.
In favour: Mayor C.
loannidis, K. Galloway, S
Singh
Zehr and Councillors B.
Davey, B. Vrbanovic and P.
Contra: Councillors J. Gazzola Z. Janecki, Y.
Fernandes and F. Etherington
Absent: Councillor D. Glenn-Graham
Motion Carried.
At the request of Mayor C. Zehr, Council agreed to consider Clause 5 of the Community and
Infrastructure Services Committee report at this time, regarding a new de-humidification and building
control systems for the Kitchener Memorial Auditorium Complex.
On motion by Councillor K. Galloway, Seconded by Councillor S. Davey, Clause 5 of the Community
and Infrastructure Services Committee report was brought forward for consideration.
Councillor J. Gazzola questioned how the proposed upgrades are to be paid for. Ms. C. Fletcher,
Director of Facilities Management, advised that funding will come from the general provision account
that has been set up to deal with such items. She added that, in anticipation of the report dealing with
the Auditorium expansion, staff deferred bringing this item forward. Mayor Zehr advised that the
proposed upgrades are tied to the Auditorium expansion in order to achieve cost efficiencies.
Moved by Councillor K. Galloway
Seconded by Councillor S. Davey
"That Clause 5 of the Community and Infrastructure Services Committee report of this date be
adopted."
A recorded vote was requested.
In Favour: Mayor C
loannidis, K. Galloway,
Etherington and P. Singh
Zehr and Councillors B.
S. Davey, B. Vrbanovic, F.
COUNCIL MINUTES
NOVEMBER 14, 2011 - 309 - CITY OF KITCHENER
Contra: Councillors J. Gazzola, Z. Janecki and Y.
Fernandes
Absent: Councillor D. Glenn-Graham
Motion Carried.
Council then dealt with the tenders as listed on the Committee of the Whole agenda.
Moved by Councillor K. Galloway
Seconded by Councillor B. loannidis
"That Tender T11-039, Natural Gas Pressure Regulation, Meter Bars, Loops, Swivels &
Related Materials, be awarded to KTI Limited, Aurora, Ontario, at their tendered price of
$230,072.45 plus H.S.T. of $29,909.42, for a total of $259,981.87, with an option to renew for
three (3) additional twelve (12) month terms."
- and -
"That Proposal P11-058 Electrical Supplies and Related Materials & Services be awarded to
Gerrie Electric Wholesale Limited, Kitchener, Ontario, for a one (1) year period, with an
option to renew for four (4) additional twelve (12) month terms."
- and -
"That Proposal P11-075, Snow Clearing and Removal Services, be awarded to the following
contractors:
• Bel-Air Excavating & Grading Ltd., Cambridge, Ontario;
• Contractor's Dispatch Inc., Kitchener, Ontario;
• Hoffman Services Inc., New Hamburg, Ontario;
• Humphries Lawn &Snow Removal, Kitchener, Ontario;
• J. Weber Contracting Ltd., Breslau, Ontario;
• Moorefield Excavating, Harriston, Ontario;
• R.M. Adams Trucking Ltd., Kitchener, Ontario;
• R.S. Ernst Landscaping & Trucking Ltd., Kitchener, Ontario;
• S. Driscoll & Sons Snow Removal, Moorefield, Ontario;
• Spectralis Haulage & Excavation Inc., Waterloo, Ontario;
at their proposed hourly service rates, for two (2) years."
Carried.
Moved by Councillor K. Galloway
Seconded by Councillor P. Singh
"That the report of the Community & Infrastructure Services Committee be adopted."
Voted on clause by clause.
Clause 4 - Dealt with under Delegations and
Carried, as Amended, on a recorded vote.
Clause 5 - Dealt with under Delegations and
Carried, on a recorded vote.
Clause 6 -Carried.
Recorded Pecuniary Interest and Abstention:
Clause 6 -Councillor F. Etherington as he is
currently participating in the programming
conducted by the Waterloo Region Green
Solutions - REEP.
COUNCIL MINUTES
NOVEMBER 14, 2011 - 310 - CITY OF KITCHENER
Balance of report -Carried.
Moved by Councillor J. Gazzola
Seconded by Councillor S. Davey
"That the report of the Finance and Corporate Services Committee be adopted."
Voted on clause by clause.
Clause 5 -Carried, as Amended.
Balance of report -Carried.
Moved by Councillor B. Vrbanovic
Seconded by Councillor Z. Janecki
"That the report of the Planning & Strategic Initiatives Committee be adopted."
Voted on Clause by Clause
Clause 3 - Dealt with under Delegations and
Carried, as Amended, on a recorded vote.
Balance of report -Carried.
Moved by Councillor Z. Janecki
Seconded by Councillor Y. Fernandes
"That the report of Heritage Kitchener be adopted."
Voted on Clause by Clause
Clause 2 - Dealt with under Delegations and
Carried, as Amended.
Balance of report -Carried.
Council then considered the award of Quotation Q-11-044 (Janitorial Services -Kitchener Memorial
Auditorium), listed as Item 7 a) under Unfinished Business.
Moved by Councillor F. Etherington
Seconded by Councillor K. Galloway
"That Quotation Q11-044 Janitorial Services Kitchener Memorial Auditorium, be awarded to
McQueen Maintenance Inc., Georgetown, Ontario, at their quoted price of $106,420., plus
H.S.T. of $13,834.60, for a total of $120,254.60, with an option to renew for three (3) additional
twelve (12) month terms."
Carried.
Councillor Z. Janecki advised that he had received complaints regarding telephone calls generated
from City Hall to a residential phone line wherein the Call Display function does not identify the call as
coming from the City but rather indicates the caller is "unknown". Mr. D. Chapman advised that this is
a function of the existing telephone system which will be rectified over the next year or two in phased
conversion to a VOIP system.
Council agreed to the request of Mr. R. Gosse, City Clerk, to add one additional by-law for three
readings this date, being a by-law to provide for the establishing and laying out of part of Evens Pond
Crescent, Robert Ferrie Drive and Elmbank Trail as public highways in the City of Kitchener.
COUNCIL MINUTES
NOVEMBER 14, 2011
- 311 -
CITY OF KITCHENER
Moved by Councillor J. Gazzola
Seconded by Councillor S. Davey
"That leave be given the Mover and Seconder to introduce the following by-laws, namely:
(a) To further amend By-law No. 88-171, being a by-law to designate private roadways as
fire routes and to prohibit parking thereon.
(b) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street
parking of vehicles for use by persons with a disability, and the issuing of permits in
respect thereof.
(c) To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking
of motor vehicles on private property.
(d) To further amend By-law No. 88=-169, being a by-law to regulate, supervise and govern
the parking of vehicles on municipal off-street parking facilities.
(e) Being a by-law to provide for the establishing and laying out of part of Mill Street as a
public highway in the City of Kitchener.
(f) Being a by-law to exempt certain lands from Part Lot Control -Blocks 11 to 19
inclusive and Blocks 24 to 27 inclusive, Registered Plan 58M-370 - Watervale
Crescent.
(g) Being a by-law to provide for the widening of part of Woolwich Street as a public
highway in the City of Kitchener.
(h) To confirm all actions and proceedings of the Council.
(i) Being a by-law to provide for the establishing and laying out of part of Evens Pond
Crescent, Robert Ferrie Drive and Elmbank Trail as public highways in the City of
Kitchener.
and that the same be taken as read a first time and stand referred to the Committee of the
Whole."
Carried.
On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and
Mayor C. Zehr appointed Councillor Y. Fernandes as Chair.
On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair.
Moved by Councillor Y. Fernandes
Seconded by Councillor Z. Janecki
"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 J. Gazzola
Seconded by Councillor S. Davey
"That the by-laws be given third reading, namely:
(a) To further amend By-law No. 88-171, being a by-law to designate private roadways as
fire routes and to prohibit parking thereon.
(By-law No. 2011-154)
COUNCIL MINUTES
NOVEMBER 14, 2011 - 312 - CITY OF KITCHENER
(b) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street
parking of vehicles for use by persons with a disability, and the issuing of permits in
respect thereof.
(By-law No. 2011-155)
(c) To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking
of motor vehicles on private property.
(By-law No. 2011-156)
(d) To further amend By-law No. 88=-169, being a by-law to regulate, supervise and govern
the parking of vehicles on municipal off-street parking facilities.
(By-law No. 2011-157)
(e) Being a by-law to provide for the establishing and laying out of part of Mill Street as a
public highway in the City of Kitchener.
(By-law No. 2011-158)
(f) Being a by-law to exempt certain lands from Part Lot Control -Blocks 11 to 19
inclusive and Blocks 24 to 27 inclusive, Registered Plan 58M-370 - Watervale
Crescent.
(By-law No. 2011-159)
(g) Being a by-law to provide for the widening of part of Woolwich Street as a public
highway in the City of Kitchener.
(By-law No. 2011-160)
(h) To confirm all actions and proceedings of the Council.
(By-law No. 2011-161)
(i) Being a by-law to provide for the establishing and laying out of part of Evens Pond
Crescent, Robert Ferrie Drive and Elmbank Trail as public highways in the City of
Kitchener.
(By-law No. 2011-162)
be taken as read a third time, be finally passed and numbered serially by the Clerk."
On motion, the meeting adjourned at 11:10 p.m.
MAYOR CLERK
COUNCIL MINUTES
NOVEMBER 14, 2011 - 313 - CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE -
1. That the existing traffic calming measures (two (2) speed humps and one (1) raised crosswalk
with curb extension) on Bradley Drive from Franklin Street North to River Road East remain in
place.
2. That Demolition Control Application DC11/16/M/GS requesting permission to demolish one (1)
single detached dwelling located at 8 Macville Avenue, owned by Margaret and Ray Deveau,
be approved subject to the following condition:
1) That the Applicant obtains a building permit for the proposed residential dwelling unit;
and,
That upon satisfaction of condition 1, the Chief Building Official may authorize and issue a
demolition permit under Section 33(6) of the Planning Act subject to the following condition:
In the event that construction of the new dwelling unit is not substantially complete within 2-
years of the date of issuance of the demolition permit, the City Clerk may enter on the
collector's roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit
contained in the residential properties in respect of which the demolition permit is issued and
such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which
the permit to demolish the residential property is issued.
3. That the Uniform Traffic By-law be amended to prohibit stopping from Monday to Friday
between the hours of 8:00 a.m. to 4:30 p.m., on west side of Pioneer Drive from Perin Place to
a point 72 metres south thereof.
4. That the Kitchener Rangers Hockey Club (KRHC) be granted approval to proceed with an
expansion to the Kitchener Memorial Auditorium Complex (KMAC), as outlined in report
numbers CSD-11-102 and CSD-11-110; and,
That the City provide construction financing until a debenture can be issued; and,
That the City of Kitchener provide a loan through a municipal debenture repayable with
principal and interest over a 15 year period; and,
That the Mayor and Clerk be authorized to enter into a 16 year lease with a 4 year option at
the sole discretion of the KRHC, subject to the satisfaction of the City Solicitor; and,
That the KRHC be considered the project owners including being authorized to engage the
project architect and general contractor; and,
That staff, in partnership with the KRHC, review the possibility of paid parking at the Kitchener
Memorial Auditorium Complex, including cost sharing; and,
That the KRHC be requested to implement a shuttle bus system as soon as possible to service
Ranger games held at the KMAC; and further,
That the KRHC work with City staff toward development of a parking plan, with a report to
come forward for consideration by the end of February 2012.
(Dealt with under Delegations and Carried, as Amended, on a recorded vote)
5. That subject to the approval of report number CSD-11-110, approval be granted to install a
new de-humidification and building controls system at the Kitchener Memorial Auditorium as
outlined in report INS-11-089; and,
That the funding for the $2,550,000 new de-humidification and building controls system be
approved as follows:
COUNCIL MINUTES
NOVEMBER 14, 2011 - 314 - CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - (CONT'D)
5. (Cont'd)
Future Budgets $868,000
Existing Balances $532,000
Kitchener Rangers Contribution $800,000 ($960,000 including all debt
payments); to be funded by City Enterprises
debt issue
Balance to be Identified in 2012 Budget $350,000
TOTAL $2,550,000; and further,
That staff report on options to fund the balance to be identified as part of the 2012 capital
budget process.
(Dealt with under Delegations and Carried, on a recorded vote.)
6. That consideration as to who should implement the Kitchener Home Energy Improvement
Program, supported by the Local Environmental Action Fund (LEAF), be deferred to the
Community and Infrastructure Services Committee meeting of April 16, 2012; and further,
That Council consider the implications of funding for this type of program from all orders of
government.
7. That revisions to Public Art Policy I-816, Sections 4.5 and 4.6, be approved as outlined in
report CSD-11-136; and further,
That, in support of Section 2.1 of Public Art Policy I-816, the City of Kitchener continue to:
1. Involve citizens, including young people, in public art projects whenever possible;
2. Provide opportunities for the involvement of educational institutions whenever possible;
and,
3. That all current programming involving youth be continued.
FINANCE AND CORPORATE SERVICES COMMITTEE -
1. That Purchase Order #201033 to WalterFedy be extended for the additional amount of
$305,049 plus applicable taxes for the Halls Lane Reconstruction project, with an estimated
$170,590 to be recovered from external utilities.
2. That Purchase Order #201645 to MTE Consulting Inc. be extended for the additional amount
of $50,860 plus applicable taxes for the Grand River Slope Stabilization project.
3. That Contract Number 905535 be extended by $45,000 to cover vacuum excavating on gas
and water infrastructure until the end of 2011.
4. That the tender process for the purchase of Draeger PSS 7000 Self Contained Breathing
Apparatus (SCBA) from Draeger Safety Canada Limited be waived; and further,
That Fire Services and Purchasing engage in negotiations with Draeger Safety Canada for the
acquisition.
5. That the proposed fees and charges contained in the 2012 Comprehensive Fee Review
attached to Finance and Corporate Services Department report FCS-11-186, be approved, as
amended to change the Lane Swim Pass -Annual Senior Citizen fee from $275.00 to $246.30,
the Upright Marker Charges -Standard Installation fee from $282.50 to $288.15 and the
Parking Garage Rates per'/ hour from $1.55 to $1.50; and,
COUNCIL MINUTES
NOVEMBER 14, 2011 - 315 - CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D)
5. (Cont'd)
That the Manager of Cemeteries be directed to forward the Cemetery Tariff of Fees and
Charges to the Ministry of Government Services -Cemeteries Regulation Unit for filing; and
further,
That Legal Services staff be directed to prepare the necessary by-laws to amend The City of
Kitchener Municipal Code Chapters for fees and charges pertaining to licensing, planning
applications, building permits and Committee of Adjustment applications.
(Carried, as Amended)
PLANNING AND STRATEGIC INITIATIVES COMMITTEE -
1. That the community input received in response to the first draft of the new Official Plan,
attached as Appendix `A' to Community Services Department report CSD-11-139, be received
for information; and,
That staff continue to dialogue and respond to the issues and the comments that were received
in response to the June 20, 2011 first draft of the new Official Plan; and further,
That staff be directed to bring forward a second draft of the new Official Plan for public review
in 2012 responding to the items outlined in Report CSD-11-139.
2. That the Stakeholder Consultation Summary Report, attached as Appendix `B' to Chief
Administrator's Office report CAO-11-019, be received for information; and further,
That Kitchener's Economic Development Strategy 2011 be approved in the form shown in
Appendix `A' to Report CAO-11-019.
3. That the Kitchener Growth Management Plan Fall 2011-Fall 2013+, as attached to Community
Services Department report CSD-11-134, be approved subject to the following revisions:
a) That the pumping station symbol be removed from Parcel #90; and,
b) That the priority assignment be revised for the lands at the northeast and southeast
corners of Bleams Road and Fischer Hallman Road that include Parcels #122, #123,
and #125 from Priority C to Priority B with the following condition:
• That the affected landowners provide for sanitary servicing arrangements that do
not require the extension of a trunk sewer, do not negatively impact natural heritage
features, and that still achieve the urban form and design objectives of the
Rosenberg Secondary Plan, to the satisfaction of the City and any other impacted
agency; and,
c) That the priority assignment be revised from Priority C to Priority B for the following
lands:
• Rosenberg Community -Parcels 120, 121 and 126; and,
• Doon South Phase 2 -Parcels 90, 97 and 101; and,
That staff be directed to report to a future Planning and Strategic Initiatives Committee
meeting on a proposal to manage the level of expectations among all interested parties
in negotiating development of these lands; and further,
COUNCIL MINUTES
NOVEMBER 14, 2011 - 316 - CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING AND STRATEGIC INITIATIVES COMMITTEE - (CONT'D)
3. (Cont'd)
That staff be directed to report back in the Fall of 2012 with a status update on the
Development Charge Reserve Fund as well as the timing and the scope of work for updating
the Development Charges By-law and associated processes.
(Dealt with under Delegations and Carried, as Amended, on a recorded vote)
HERITAGE KITCHENER -
1. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA
2011-V-025 be approved, to permit the demolition of two existing sheds and the construction of
anew barn at the property municipally addressed as 1021 Doon Village Road, in accordance
with the plans submitted with the application, subject to the following condition:
i) That the final building permit drawings be submitted and approved by Heritage
Planning staff prior to the issuance of a building permit.
2. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA
2011-V-021 to permit the installation of solar panels at the property municipally addressed as
103 St. Clair Avenue, be approved, subject to the following conditions:
i) The applicant shall submit revised drawings and specifications for black solar panels
with black frames that match the shape of the roof on the east (front) and south (left
side) roof slope to the satisfaction of the Co-ordinator, Cultural Heritage Planning;
and,
ii) The final building permit drawings shall be reviewed and heritage clearance issued
by Heritage Planning staff prior to issuance of a building permit.
(Dealt with under Delegations and Carried, as Amended)
3. That a 2011 Mike Wagner Heritage Award be approved to 4336 King Street East (Borealis
Grille and Bar), given the work undertaken to restore and adaptively reuse a 19t" century
school house into a casual fine dining venue.
4. That in accordance with Section 27.(3) of the Ontario Heritage Act, no action be taken to
designate 24 or 26 King Street East in response to the written notices provided by the owners
regarding their intentions to demolish those buildings, as a result of structural damage caused
by a fire in March 2011.
COUNCIL MINUTES
NOVEMBER 14, 2011 - 317 - CITY OF KITCHENER
COMMITTEE OF THE WHOLE
A. BY-LAWS LISTED ON THE AGENDA - 2ND READING -
It was resolved:
"That the by-laws considered by this Committee be taken as read a second time and be
recommended for enactment."
B. ADMINISTRATIVE REPORTS -
1. Various Tenders
Dealt with under Delegations.
2. FCS-11-213 - MobilityP/us Vehicle Repairs -Region of Waterloo
Council considered this date Finance and Corporate Services Department report FCS-
11-213 (J. Sheryer), dated November 10, 2011, requesting authorization to submit a
proposal to the Region of Waterloo's Proposal P2011-52 (MobilityP/us Vehicle Repair).
It was resolved:
"That the Director of Fleet be authorized to execute and submit a proposal to the Region
of Waterloo's Proposal P2011-52 MobilityP/us Vehicle Repair; and further,
That should the Region of Waterloo's proposal P2011-52 be awarded to the City, the
Mayor and Clerk be authorized to execute any required contract documents subject to
the satisfaction of the City Solicitor."
3. Appointments -Centre in the Square Board of Directors
Council considered a matter deferred from the special Council meeting held earlier this
date concerning appointments to the Centre in the Square Board of Directors.
It was resolved:
"That appointments as recommended by the Centre in the Square (CITS) to their Board
of Directors be deferred for further consideration to the November 17, 2011 special
Council meeting."
