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HomeMy WebLinkAboutCouncil - 2012-01-16COUNCIL MINUTES JANUARY 16, 2012 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 Pareesa Koussari, King School of Vocal. On motion by Councillor S. Davey the minutes of the regular meeting held December 5, 2011 and special meetings held December 5 & 21, 2011 and January 9, 2012, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Mayor C. Zehr acknowledged Mr. Justin Harris, Municipal Law Enforcement Officer, in recognition of his achievement of the Municipal Law Enforcement Officer Certified designation by the Municipal Law Enforcement Officers' Association of Ontario. Mr. Ernie Villamere attended in support of Item B.3(iii) of the Committee of the Whole agenda of this date with respect to Committee of Adjustment Submission No. SG-2001-015 (T.A. Witzel Limited - Victoria Street North). Moved by Councillor Z. Janecki Seconded by Councillor B. loannidis "That the application of T. A. Witzel Limited (SG 2011-015 -Victoria Street North (adjacent to Shirley Drive) requesting permission to replace a legal non-conforming billboard sign having static copy with a billboard sign of the same size having automatic changing copy in a P-3 zone whereas the Sign By-law does not permit billboard signs in a P-3 zone, on Part Lot 123, German Company Tract, Victoria Street North (adjacent to Shirley Drive), Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall apply for and receive approval of a sign permit from the City of Kitchener for the proposed sign. 2. That the owner shall remove the non-complying third party (T.A. Appliance) billboard sign prior to receiving a sign permit from the City of Kitchener." Carried. Mr. Brandon Flewwelling, GSP Group, attended in regard to Clause 1 of the Planning & Strategic Initiatives Committee report of this date, pertaining to Demolition Control Application DC/11/20/O/MV for 1290 Old Zeller Drive. He indicated that in accordance with the direction given at the January 9, 2012 Committee meeting, the potential retention of the existing house was reviewed, and was found to be impractical. He stated that retention of the existing house within the proposed draft Plan of Subdivision would result in the loss of two new building blocks and would impact the rear-yards of two other lots. He added that a Heritage Impact Assessment (HIA) concluded that the property did not warrant designation under the Ontario Heritage Act, which was confirmed by Heritage Kitchener and Heritage Planning staff. He requested that Council approve the staff recommendation to permit the demolition of the subject dwelling. In response to questions, Mr. Flewwelling advised that the costs associated with repairing the house to current standards would be significant. He estimated that the house was constructed approximately 80 years ago; however, it is difficult to definitely determine given the various means with which different portions of the house were constructed. He confirmed that complete photographic documentation of the dwelling as well as a detailed floor plan has been provided to the satisfaction of Heritage Planning Staff. Councillor D. Glenn-Graham suggested that some sort of commemoration of the building could also be potentially pursued on site. A motion by Councillor B. Vrbanovic, seconded by Councillor Z. Janecki, to approve Demolition Control Application DC/11/20/O/MV (1290 Old Zeller Drive), was brought forward for consideration. Councillor Y. Fernandes advised that she was not in support of the proposed demolition, suggesting that this is an opportunity to preserve a part of the City's heritage. COUNCIL MINUTES JANUARY 16, 2012 - 5 - CITY OF KITCHENER Mayor C. Zehr stated that based on the comments made at the Planning & Strategic Initiatives Committee meeting, staff have indicated that in the future consideration would be given at the start of the subdivision planning process as to the potential for incorporating these kinds of buildings into the draft design. Moved by Councillor B. Vrbanovic Seconded by Councillor Z. Janecki "That Clause 1 of the Planning & Strategic Initiatives Committee report of this date be adopted." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors B. Vrbanovic, B. loannidis, K. Galloway, S. Davey, F. Etherington, D. Glenn-Graham, Z. Janecki and P. Singh Contra: Councillors J. Gazzola and Y. Fernandes Carried. Council was in receipt of Community Services Department report CSD-12-014 (K. Anderl), dated January 11, 2012, concerning revisions to Zone Change Application ZC 10/08/Z/KA for Rockway Holdings Ltd. to include provisions for convenience commercial and personal service uses within the proposed draft plan of subdivision; in relation to Clause 2 of the Planning & Strategic Initiatives Committee report of this date. On motion by Councillor B. Vrbanovic, seconded by Councillor Z. Janecki, the recommendation contained in Report CSD-12-014 amending Clause 2 of the Planning & Strategic Initiatives Committee report pertaining to Zone Change Application ZC 10/08/Z/KA and draft Plan of Subdivision 30T-10202, was brought forward for consideration. Moved by Councillor B. Vrbanovic Seconded by Councillor Z. Janecki "That Clause 2 of the Planning & Strategic Initiatives Committee report be adopted, as amended." Carried. Council was in receipt of Finance & Corporate Services Department report FCS-12-009 (P. Harris), dated January 10, 2012 providing additional information on the liquor license application submitted by 2306776 Ontario Inc. (The Honest Lawyer Restaurantainment); listed as Clause 3 on the Finance & Corporate Services Committee report of this date. Mr. Darryl Moore, operator of Bobby O'Brien's, expressed concern regarding the conditions that have been proposed for The Honest Lawyer Restaurantainment's liquor licence. He stated that the conditions put forward for the subject establishment differ from those imposed on similar businesses operating outdoor patios in Downtown Kitchener. Mr. Moore advised that the liquor licence for Bobby O'Brien's outdoor patio area had a condition requiring a closing time of 12:15 a. m. and must be cleared of all patrons by 1:00 a. m. He stated that this was put in place given the proximity of residential dwellings and a concern regarding the noise radiating from the patio. He noted that a similar condition was not considered for The Honest Lawyer Restaurantainment, even though it is located closer to residential dwellings. He added that Bobby O'Brien's was also required to install a barrier fence enclosing its outdoor patio area to prevent the passing of objects, such as alcohol, over and / or through it. He stated that this was imposed to mitigate public safety concerns and to control the service of alcohol. He pointed out that the proposed patio for Honest Lawyer has approximately 300 linear feet of public access and suggested that they should also be required to construct a similar barrier fence. COUNCIL MINUTES JANUARY 16, 2012 - 6 - CITY OF KITCHENER On motion by Councillor S. Davey, seconded by Councillor P. Singh, Clause 3 of the Finance & Corporate Services Committee report of this date was brought forward for consideration. Clarification was requested regarding the current closing time for Bobby O'Brien's patio area. Mr. Moore advised that the original liquor licence condition has since been changed to allow for a closing time of 1:00 a. m., with all patrons to be cleared from the patio by 1:45 a. m. A motion by Councillor B. Vrbanovic, seconded by Councillor D. Glenn-Graham, was brought forward to amend Clause 3 of the Finance & Corporate Services Committee report to include conditions to require: the outdoor patio area to have a closing time of 1:00 a. m. and cleared of all patrons by 1:45 a. m.; the construction of a fencing barrier enclosing the outdoor patio area; and, that no music is to be played in the outdoor patio area after 11:00 p.m. Councillor Vrbanovic's motion to amend Clause 3 was then voted on and Carried. Moved by Councillor S. Davey Seconded by Councillor P. Singh "That Clause 3 of the Finance & Corporate Services Committee report of this date be adopted, as amended." Carried Unanimously Councillor B. Vrbanovic requested that a report be provided to a future Finance & Corporate Services Committee meeting reviewing the Liquor Licence Review Committee (LLARC) process and why it was established as well as the best practices of other municipalities that have thriving downtown entertainment districts. Mayor C. Zehr suggested that the report should also contain information on the proposed number of licensed seats in Downtown Kitchener and the ideal means by which those seats should be distributed per location. Council then considered Chief Administrator's Office report CAO-11-032 (R. Regier), dated December 31, 2011, recommending that the three options identified for undertaking interior and exterior renovations to the Victoria Park Boathouse be tabled to allow for consultation with the Victoria Park Neighbourhood Association, the Victoria Park Working Group, and the current Boathouse operator prior to those options being considered at the February 6, 2012 Council meeting. Mayor C. Zehr advised that the proposed renovation options for the Boathouse would not be debated at this meeting and requested that those addressing Council limit their comments to the process that is being followed for this matter. Mr. Fred Hartwick addressed Council in support of maintaining the Victoria Park Boathouse as a live music venue, noting that without it there would be almost no opportunities for young artists to perform. Mr. Andrew Kennedy commented that he recognizes the pressure on the City to implement a minimal tax increase. He suggested that to reduce the costs associated with the renovations, items that do not directly benefit the venue, such as the boardwalk proposed in Option 1, could be excluded from the project budget. In response to questions, Mr. Kennedy stated that the only way to ensure the park remains safe is to have the Boathouse occupied. He indicated that if prices were to increase at the Boathouse as a result of the proposed renovation, this would not discourage him from continuing to be a regular patron of that establishment. He noted that he would not be interested in seeing the existing building replaced by a new venue, adding that the Boathouse is part of the aesthetics of Victoria Park. Ms. Jeanette Lavoie addressed Council, stating that while she lives in the City of Waterloo, the Boathouse draws her into Downtown Kitchener. In response to questions, Ms. Lavoie indicated that her main interest is in seeing changes to the facility's washrooms and kitchen that would allow the venue to be operated more effectively. She advised that she would be willing to pay more for food and drinks in order to maintain the building's existing atmosphere. She added that it is her understanding the local community would also be willing to undertake fundraising activities to assist Mr. Doyle in financing any renovations that fall under his purview, as the building's tenant. COUNCIL MINUTES JANUARY 16, 2012 - 7 - CITY OF KITCHENER Ms. Sheryl Ann Lewis addressed Council in support of maintaining the Boathouse as a viable live music venue, which acts as a hub attracting people to Downtown Kitchener. She expressed concerns that only a select group of people are being asked to provide comments on the proposed options prior to the February 6, 2012 Council meeting. She suggested that Council should consider holding a public meeting to allow anyone who is interested to provide feedback and comments on the proposed renovation options. She added that such a meeting could allow input to be provided on issues that may not have been considered, which could lead to the creation of a more desirable option. In response to questions, Ms. Lewis expressed concern with having to pay more for services at the Boathouse, to potentially off-set an increase in the building's lease. She stated that she is willing to pay more as a user, but not to compensate for aesthetic improvements to Victoria Park that are unrelated to the Boathouse. Mr. R. Regier, Executive Director of Economic Development, gave a brief overview of the options being put forward in Report CAO-11-032, indicating that they were identified as being the most plausible means of enabling the Boathouse to continue to serve as a cultural venue. He stated that between January 17 and January 27, the proposed interior and exterior renovation options would be reviewed with the Victoria Park Working Group, Victoria Park Neighbourhood Association and advocates for the Boathouse. In addition, comments would also be gathered through an online survey, which can be accessed through the City's website. Councillor Vrbanovic requested that additional information be provided prior to the February 6, 2012 Council meeting, estimating the cost of replacing the existing building with a new facility. He noted that it has been indicated that the community might be willing to fundraise to assist the tenant with costs related to the renovations. He asked that staff discuss the possible fundraising with Mr. Doyle and that consideration be given to potentially incorporating it into any future lease agreement. Councillor J. Gazzola expressed concerns that the consultation proposed in Report CAO-11-032 was directed toward a few specific groups and suggested that a public open house should be held to allow input to be provided by anyone interested in this matter. In response to questions, Mr. D. Chapman, Deputy CAO -Finance and Corporate Services, clarified that the proposed Budget for 2012 includes a capital allocation of $500,000. to complete exterior and interior renovations to the Boathouse. He stated that $250,000. of this allocation has been proposed to be funded through capital closeouts, and confirmed that this reduces the amount of capital closeouts available to transfer to the City's 2012 tax supported Operating Budget. He noted that the Boathouse renovations were identified as being a key funding priority, adding that this project did not impact funding allocations toward other priority projects; only the amount of funding available to offset the operating deficit. Councillor Gazzola requested that information be provided identifying the costs of items being pursued in Victoria Park that are and are not funded through storm water management (SWM), as well as a breakdown of costs for the items related to the Boathouse renovations. In addition, he asked that details also be provided comparing the square foot rental rate for the Boathouse in relation to the rate charged for similar space within the Downtown. Ms. P. Houston, Deputy CAO -Infrastructure Services, provided clarification on the differences between the three options put forward for the proposed Boathouse renovations, as outlined in Report CAO-11-032. She stated that the main difference is that Option 1 includes a 4-metre wide boardwalk along the lake edge, which is replaced by an asphalt walkway in Options 2 and 3. She noted that it needs to be examined whether it is logistically plausible for the interior work to be undertaken at the same time as the Victoria Park Lake improvements. In response to further questions, Mr. Regier advised that as the design has yet to be finalized it is unclear at this time as to whether additional washroom capacity would be realized as a result of the proposed renovations. In addition, he agreed to provide additional information detailing the cost difference between the concrete pavers and the asphalt walkway, as well as design renderings of the various options. With respect to timing, Ms. C. Ladd, Chief Administrative Officer (CAO), advised that proceeding with Option 1 would be contingent upon incorporating the boardwalk into the work scheduled to be undertaken as part of the Victoria Park Lake Improvement project. She added that the timing for the interior work relates to commitments made to the tenant to endeavour to have the Boathouse re- COUNCIL MINUTES JANUARY 16, 2012 - 8 - CITY OF KITCHENER opened upon the completion of the Victoria Park Lake Improvement project. She noted that deferring consideration of this matter beyond February 6, 2012 would impact the City's ability to meet those commitments. Several members expressed an interest in holding a public open house on this matter prior to the February 6, 2012 Council meeting. Mayor Zehr indicated that such a meeting would not take place under the semblance of a City Council or Standing Committee meeting. He requested that information relating to the timelines associated with each of the three options be provided by Final Budget Day, on January 19, 2012. Mr. Regier confirmed that it would be possible to hold the proposed public open house on Monday, January 23, 2012. He added that accordingly, it would no longer be necessary to hold separate meetings to consult with the groups identified in Report CAO-11-032, as they could also provide comments and feedback at the proposed public open house. Moved by Councillor F. Etherington Seconded by Councillor B. Vrbanovic "That consideration of the following recommendations, as outlined in Chief Administrator's Office report CAO-11-032 (Boathouse Interior and Exterior Renovation Options), be referred to the February 6, 2012 Council meeting, to enable public consultation meeting(s) on this matter to be held during the week of January 23, 2012: `That the Victoria Park Lake Boathouse improvements identified as Option # 2 Report CAO 11-030 be undertaken using the $500,000 provision in the 2012 Capital Budget to secure the Boathouse as a City of Kitchener asset which is suitable for use as a cultural and commercial venue; That lease revenue and/or energy savings from this property be allocated to fund the $109,000 shortfall under Option #2 over the term of the lease; and further, That tenant specific upgrades, such as the relocation of the kitchen, should be financed by the operator subject to the negotiation of a satisfactory long-term lease."' A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors B. Vrbanovic, B. loannidis, K. Galloway, S. Davey, F. Etherington, D. Glenn-Graham, Z. Janecki, Y. Fernandes and P. Singh Contra: Councillor J. Gazzola Carried. Mr. L. Gordon, Director of Supply Services, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. In response to questions regarding Proposal P11-054 (Supply and Installation of Modular Workstations), Ms. Houston advised that the number of modular workstations purchased would be dictated by the outcome of the space planning study. Ms. C. Fletcher, Director of Facilities Management, added that no commitment has been given to purchasing a specific number of units, noting that this Proposal guarantees a fixed price whenever the City decides to move forward with purchasing the units. Concerning Expression of Interest E11-053 (Williamsburg Cemetery Phase II Design and Consulting Services), Councillor D. Glenn-Graham requested that future reports of this nature provide more background information to give context as to the work being proposed. Councillor S. Davey asked that in these instances where consultants are being proposed, information be provided as to why the work could not be pursued using City staff. COUNCIL MINUTES JANUARY 16, 2012 - 9 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway "That Tender T11-089 -Supply and Install Snow and Ice Removal Equipment (two units), be awarded to Viking Cives Ltd., Mount Forest, Ontario, at their tendered price of $191,086.00, plus HST of $24,841.18, for a total of $215,927.18." -and- "That Proposal P11-054, Supply & Installation of Modular Workstations, be awarded to Prestige Business Interiors, Waterloo, Ontario, at their proposed price per modular workstation, for a five (5) year term, with an option to renew for an additional five (5) year period, subject to mutual agreement." -and- "That the City of Kitchener's portion of the County of Wellington Tender Ref. No. CW2011-053, Envelopes, be awarded to Royal Envelope, London, Ontario, at their tendered price of $46,030.38 plus H.S.T. of $5,983.95 for a total of $52,014.32, with an option to renew for four (4) additional twelve (12) month terms." -and- "That Expression of Interest E11-053 - Williamsburg Cemetery Phase II Design and Consulting Services, be awarded to MMM Group, Thornhill, Ontario at their estimated fee of $54,180.00, plus disbursements of $8,800.00 plus H.S.T. of $8,187.40, for a total of $71,167.40 based on a satisfactory contract being negotiated and upset fee being established; and further, That the Director of Supply Services and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Moved by Councillor K. Galloway Seconded by Councillor B. loannidis "That the report of the Community & Infrastructure Services Committee be adopted." Councillor J. Gazzola spoke in opposition to Clause 1 of the report pertaining to the renewal of a Fire Dispatch Service Agreement with the Township of Wilmot, indicating that he was not supportive of the approach being proposed to phase-in the rate increase. Mr. J. Willmer, Deputy CAO, Community Services, advised that the cost incurred by the City to provide dispatch services has not increased; rather the rate is being adjusted to align more closely with actual costs. He stated that athree-year phase-in for the rate increase was negotiated with Wilmot and similar contracts are being negotiated with the other local area townships as well as the City of Waterloo. He confirmed that no additional staff resources are required to provide fire dispatch services to the neighbouring municipalities. Councillor J. Gazzola expressed additional concerns that the Council for the Township of Wilmot considered the subject contract renewal before Kitchener City Council. Voted on Clause by Clause. Clause 1 -Carried, on a recorded vote. In Favour: Mayor C. Zehr and Councillors B. Vrbanovic, B. loannidis, K. Galloway, S. Davey, F. Etherington, D. Glenn-Graham, Z. Janecki, Y. Fernandes and P. Singh Contra: Councillor J. Gazzola Balance of report -Carried. COUNCIL MINUTES JANUARY 16, 2012 - 10 - CITY OF KITCHENER Moved by Councillor S. Davey Seconded by Councillor P. Singh "That the report of the Finance and Corporate Services Committee be adopted." Councillor Z. Janecki expressed concerns with Clause 4 of the report, suggesting that the cost of the Mayor's annual participation in one Canada's Technology Triangle (CTT) International Business Mission should be funded by CTT and not the City of Kitchener. Mayor Zehr clarified that Clause 4 does not relate to the allocation of any funding, rather, it pertains to authorizing him to attend one international mission per year; with the endorsement to include approval for the international travel under Council Policy II-35 (Conference, Seminar and Meeting Attendance /Expenses). He stated that consideration was given to have funding for these missions provided by CTT; however, this would have resulted in additional costs to the CTT budget. He noted that the additional costs would have had to have been accommodated through future allocations from the local area municipalities. He advised that to make the process more transparent, it was determined that these costs would be funded directly from the local municipalities, which have a public reporting process. He noted that for the most part, the cost to participate in these missions would be accommodated through his existing travel budget. Councillor Gazzola expressed concerns with regard to Clause 6, suggesting that the Storm Water Management (SWM) Credit Program should be finalized prior to consideration being given to setting the SWM rate. Mr. D. Chapman, Deputy CAO, Finance and Corporate Services, advised that this is a similar approach to what occurred in 2011; whereby, Council approved the SWM budget with a 5% provision for credits, which was subject to the adoption of the SWM policy. He noted that consideration of the SWM rate was referred to January 19, 2012 Budget Day. Voted on clause by clause Clause 3 - Dealt with under Delegations and Carried, as Amended, on a recorded vote. Clause 4 -Carried, on a recorded vote. In Favour: Mayor C. Zehr and Councillors B. Vrbanovic, B. loannidis, K. Galloway, S. Davey, F. Etherington, D. Glenn-Graham, J. Gazzola, Y. Fernandes and P. Singh. Contra: Councillor Z. Janecki Clause 6 -Carried, on a recorded vote. In Favour: Mayor C. Zehr and Councillors B. Vrbanovic, B. loannidis, K. Galloway, S. Davey, F. Etherington, D. Glenn-Graham and Y. Fernandes. Contra: Councillors J. Gazzola, Z. Janecki and P. Singh 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 1 - Dealt with under Delegations and Carried, as Amended, on a recorded vote. Clause 2 - Dealt with under Delegations and Carried, as Amended. COUNCIL MINUTES JANUARY 16, 2012 - 11 - CITY OF KITCHENER On motion by Councillor B. Vrbanovic, seconded by Councillor K. Galloway, the recommendation listed as Item 7 a) under Unfinished Business that was deferred at the December 5, 2011 Council meeting pending additional information on the Creative Enterprise Enabling Organization (CEEO) at an All-Councils meeting being held by the Region of Waterloo on December 7, 2011, was brought forward for consideration. Councillor F. Etherington questioned the feasibility of withholding a portion of the funding to CEEO, until evidence is provided to indicate the organization has been successful in garnering approximately $1.2M in funding from the private sector. Ms. C. Ladd confirmed that 2012 is the second year of this operational funding to CEEO and advised that CEEO's goal of leveraging private sector donations was set for the end of 2012 /early 2013. She added that withholding the grant would equate to asking the group to operate without funding for 2012. She indicated that such a move would impact the resources CEEO has available to enable them to reach their fundraising goal. She suggested that the operating grant of $56,000. be provided to CEEO for 2012, with a condition that consideration be given as to whether funding would be extended to 2013; pending the results of the groups fundraising efforts. Questions were raised regarding the amount of funding already provided to CEEO in relation to the $1 per capita sustainability funding allocated for art groups. Ms. Ladd advised that the only money CEEO receives from the City of Kitchener is the $56,000. operating grant, adding that this organization was established as a collective partnership between the business community and the area municipalities. She stated that the Prosperity Council, in developing their creative enterprises initiative, indicated to the community that arts and culture is underfunded. She added that they suggested municipalities, private sector and senior government should share in increasing arts funding to the community. As a result, a formula was created that $1 per capita be allocated by municipalities, which was to be matched, or exceeded by the private sector and other levels of government. She noted that for the past two years it was determined that the best means of allocating the per capita funding, until an investment strategy has been created, was to ensure the creative sector anchor organizations were sustainable; accordingly, this funding was allocated toward THEMUSEUM, Kitchener-Waterloo Art Gallery and the Kitchener Waterloo Symphony. She added that the remaining amount was provided to the CEEO as seed funding, to be held in trust for investment in small and mid-sized arts and culture groups. She noted that should the CEEO be successful in their fundraising efforts, the seed funding would not be required in future years. A motion was brought forward by Councillor F. Etherington, seconded by Councillor P. Singh, to amend Councillor Vrbanovic's motion to confirm a 2012 operating grant in the amount of $56,000. to CEEO, with consideration to be given by the end of 2012 to discontinue future financial support, subject to evidence being provided indicating that CEEO reached its private sector fundraising goal of $1.2M. The amended motion was then voted on and Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway "That a 2012 operating grant of $56,000. be confirmed to the Creative Enterprise Enabling Organization, as previously resolved by Council on February 1, 2010; and further, That consideration be given to eliminate future financial support to the Creative Enterprise Enabling Organization, pending a determination as to whether the Organization reached its $1.2M private sector revenue target by December 2012." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors B. Vrbanovic, B. loannidis, K. Galloway, S. Davey, F. Etherington, D. Glenn-Graham, Z. Janecki, Y. Fernandes and P. Singh Contra: Councillor J. Gazzola Carried, as Amended. COUNCIL MINUTES JANUARY 16, 2012 -12 - CITY OF KITCHENER Council then considered Finance and Corporate Services Department report FCS-11-222 - Expression of lnterest E11-085 (Consulting Services -Asset Management Plans} listed as Item 7 b} under Unfinished Business, which was deferred from the December 5, 2011 Council meeting. 1n response to questions, Mr. H. Gross, Director of Asset Management, advised that asset management is the combination of management, financial, economic, engineering, and other practices applied to physical assets with the objective of providing the required level of service in the most cost-effective manner at an acceptable level of risk. He noted that it comprises all elements needed far the lifecycle of an asset. He added chat the proposed work would provide an opportunity to improve the coordination between City departments to ensure that efficiencies resulting from new technology are maximized and that decisions are made in the future to optimize the use of funds for capitat investment. He responded further that two pilot projects have been selected: the first related to pavement and the second being the Kitchener Memorial Auditorium Complex {KMAC). He advised that these were selected as they are high value assets, and projects dealing with buildings are different from those pertaining to linear assets. He stated that the work undertaken by the consultants on those pilot projects would provide a template, which City staff could then apply fo other assets. Moved by Councillor K. Galloway Seconded by Councillor B. loannidis "That Expression of Interest E11-085 -Consulting Services -Asset Management Plans for .. Pavement and The Kitchener Memorial Auditorium Complex, be awarded to Prior and Prior Associates Ltd., Markham, Ontario, at their estimated fee of $109,895., including disbursements of $2,408. plus H.S.T. of $14,286.35, for a total of $124,181.25, 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.° A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors B. Vrbanovic, B. loannidis, K. Galloway, S. Davey, F. Etherington, D. Glenn-Graham, Y. Fernandes and P. Singh Contra: Councillors J. Gazzola and Z. Janecki Carried. Questions were raised regarding the Kitchener Centennial Celebration Committee and whether a retired City employee was hired to facilitate the organizing committee. Ms. Ladd advised that funding had been allocated to this initiative and a portion of which was used toward apart-time position to assist wish arranging the celebration. She agreed to provide additional information as to who was hired to fill the part-time position. Council agreed to the request of Mr. R. Gosse, Gity Clerk, to add two additional by-law for three readings this date, being an amendment to Chapter 270 (Parks) of the Municipal Code and a zoning amending by-law for Old Zeller Drive /Fairway Road North. Moved by Councillor D. Glenn-Graham Seconded by Councillor B. Vrbanovic "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 and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. COUNCIL MINUTBS JANUARY 16, 2Q72 - 13 - CITY O>F KITCHENER (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 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 assume certain lands within the City of Kitchener as a public highway. {f) Being a by-law to exempt certain lots from Part Lot Control -Part of Blacks 1, 8, 9 and 11, Registered Plan 5$M-365 - Valebrook Street and Brookmead Street. {g) . Being a by-law to authorize borrowing for current expenditures in 2012. (h) Being a by-law to provide fora 2012 Interim Tax Levy and for the payment of 20121nterim Taxes. {i) To confirm all actions and proceedings of the Council. Q) Being a by-law to amend Chapter 270 of the City of Kitchener Municipal Code with respect to Parks. (k) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -- Rockway Holdings Limited -- Old Zeller Drive. and that the same be taken as read a first #ime and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself info the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor S. pavey as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor S. Davey Seconded by Councillor P. Singh "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whale held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor D. Glenn-Graham Seconded by Councillor B. Vrbanovic "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. 2012-005) {b) 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. 2012-006) (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 2012-007) COUNCIL MINUTES JANUARY 16, 2012 - 14 - CITY OF KITCHENER (d) To further amend 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. 2012-008) (e) Being a by-law to assume certain lands within the City of Kitchener as a public highway. (By-law No. 2012-009) (f) Being a by-law to exempt certain lots from Part Lot Control -Part of Blocks 1, 8, 9 and 11, Registered Plan 58M-365 - Valebrook Street and Brookmead Street. (By-law No. 2012-010) (g) Being a by-law to authorize borrowing for current expenditures in 2012. (By-law No. 2012-011) (h) Being a by-law to provide fora 2012 Interim Tax Levy and for the payment of 2012 Interim Taxes. (By-law No. 2012-012 (i) To confirm all actions and proceedings of the Council. (By-law No. 2012-013) (j) Being a by-law to amend Chapter 270 of the City of Kitchener Municipal Code with respect to Parks. (By-law No. 2012-014) (k) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Rockway Holdings Limited -Old Zeller Drive. (By-law No. 2012-015) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 10:36 p. m. MAYOR CLERK COUNCIL MINUTES JANUARY 16, 2012 - 15 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - 1. That the Mayor and Clerk be authorized to execute an agreement, to the satisfaction of the City Solicitor, with the Corporation of the Township of Wilmot to provide fire dispatch service for a term of 5 years commencing January 1, 2012. (Carried, on a recorded vote) 2. That the Deputy Chief Administrative Officer (CAO) of Community Services be authorized to execute the declaration of compliance, and any other required operational documents or agreement amendments that fall within the provisions of the Multi-Sector Accountability agreement, with the Waterloo Wellington Local Health Integration Network, subject to the satisfaction of the City Solicitor. 3. That the Uniform Traffic By-Law be amended to install an all-way stop at the intersection of Wabanaki Drive at Wilson Avenue. 4. That the existing traffic calming measures (five (5) speed humps and two (2) raised crosswalks with curb extensions) on Laurentian Drive from Westmount Road East to Block Line Road remain in place. 5. That the Mayor and Clerk be authorized to enter into indemnification agreements, to the satisfaction of the City Solicitor, with contractors that are hired to perform work at the request of the By-law Enforcement Division in situations relating to non-compliance with the City's by- laws. 6. That the Corporate Asset Management Program Policy and Framework as outlined and attached to Infrastructure Services Department report INS-11-082 be approved. 7. That Jefferson Campbell-Cooper be appointed as the City of Kitchener Artist-in-Residence for 2012; and further, That Susan Coolen be appointed as the City of Kitchener Artist-in-Residence for 2013, as recommended by the Arts and Culture Advisory Committee (ACAC) and the Public Art Working Group (PAWL). 8. That Kitchener Municipal Code Chapter 270 (Parks) be amended to revise the definition of park as well as updating the signage for parkland and to regulate certain activities on or in bodies of water within a park, as outlined in Community Services Department report CSD-12- 010. FINANCE AND CORPORATE SERVICES COMMITTEE - That the following applicants be appointed to the Grand River Accessibility Advisory Committee (GRAAC) fora 3-year term ending December 31, 2014, pending ratification by the partnering municipalities of the City of Waterloo, Region of Waterloo, Township of North Dumfries, Township of Wellesley and Township of Woolwich: Anthony Cashin City of Kitchener Reappointment Dorothy Staal City of Waterloo New Andrew Tutty City of Waterloo New Dawn Griffin City of Kitchener New Mike Shipley Township of Woolwich New That the resignation of the Waterloo Regional Labour Council representative, Len Carter, from the Economic Development Advisory Committee, be accepted; and further, COUNCIL MINUTES JANUARY 16, 2012 - 16 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) (Cont'd) That the Recording Secretary of the Waterloo Regional Labour Council (WRLC), Steve Sachs, be appointed to fill the vacancy of the WRLC representative on the Economic Development Committee for a term to expire November 30, 2012. That subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below, Council take no action to oppose the application for a liquor licence for 2306776 Ontario Inc. operating as The Honest Lawyer Restaurantainment, located at 305 King Street West, (herein referred to as the "Applicant"); and further, That the Mayor and Clerk be authorized to enter into an agreement with the applicant should they be willing wherein the applicant agrees to abide by the following conditions and to request they be added to their licence if the Alcohol and Gaming Commission of Ontario chooses to issue the licence: 1. to post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; 2. to become an active member of the Downtown Kitchener Business Improvement Area's License and Entertainment Committee and attend its meetings; 3. to abide by a set 50% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries), in other words alcohol sales will be limited to 50% of gross refreshment sales; 4. to stop serving alcohol by 2:00 a. m. daily, with the outdoor patio area to have a closing time of 1:00 a.m. and cleared of all patrons by 1:45 a. m.; 5. to notify the Clerk of the City of Kitchener in writing of any application to change the license at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the establishment without the consent of the City Council; 6. to comply with the Noise By-law and the Region of Waterloo Smoking By-law; 7. these conditions shall bind all successors, assigns and subsequent licence holders (if any); 8. the outdoor patio area shall be enclosed by a fencing barrier constructed at a height and of material that will prevent the passing of objects over as well as through it; and, 9. no music (live or pre-recorded) shall be played in the outdoor patio area after 11:00 p. m. (Dealt with under Delegations and Carried, as Amended) That the Mayor be authorized to annually participate in one international business mission with Canada's Technology Triangle (CTT) to advance the regional economic development objectives related to foreign direct investment and that this endorsement includes approval for international travel under Council Policy II-35 (Conference, Seminar and Meeting Attendance/Expenses); and further, That staff report to the Finance and Corporate Services Committee in 2013 with an update on the progress of CTT's International Business Missions program. (Carried, on a recorded vote) That the Local Environmental Action Fund (LEAF) grant program be suspended effective immediately; and, That subject to final budget deliberations, uncommitted funding from the Local Environmental Action Fund (LEAF) be utilized in 2012 to fund portions of the 2012 - 2015 park & trail capital projects as follows: COUNCIL MINUTES JANUARY 16, 2012 - 17 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) (Cont'd) • $100,000 for Walter Bean Trail Completion; • $250,000 for Community Trails; and further, That staff be directed to report to the Finance and Corporate Services Committee by no later than May 7, 2012, outlining LEAF funding options for 2013 - 2015 and funding options for 2015 and beyond, for the 2013 budget process; the report to also include results of consultation with the LEAF Steering Committee, Environmental Committee and any other interested citizens groups. That subject to consideration during the 2012 final budget deliberations, the stormwater rate schedule as specified in Appendix A of Infrastructure Services Department report INS-12-001, be approved and come into effect on March 1, 2012; and further, That the following recommendations contained in Infrastructure Services Department report INS-12-001, dated December 23, 2011 be deferred to the January 30, 2012 Finance and Corporate Services Committee meeting, to allow staff an opportunity to provide an impact analysis on variations of how the residential credit values could be applied: `That subject to consideration during the 2012 Final Budget deliberations, the stormwater credit schedules as specified in Appendix B and C of report INS-12-001 be approved and come into effect on July 1, 2012 with eligible credits applied retroactively to January 1, 2011; and, That the proposed by-law in Appendix D of report INS-12-001, amending the existing By-law 2011-153 (Storm Water Charge By-law) be approved; and further, That one (1) engineering technologist position (full-time), one (1) program assistant position (full-time), and two (2) engineering co-op student positions (May-August annually) be hired beginning in January 2012 so as to enable the advance of storm water related programs and the storm water credit program.' (Carried, on a recorded vote) PLANNING AND STRATEGIC INITIATIVES COMMITTEE - That Demolition Control Application DC11/20/O/M requesting permission to demolish one (1) single detached dwelling located at 1290 Old Zeller Drive, owned by Valley View Heights (St. Jacobs) Ltd., be approved, as outlined in Community Services Department report CSD-12-004. (Dealt with under Delegations and Carried) That Zone Change Application ZC10/08/Z/KA for Rockway Holdings Limited for the purpose of changing the zoning from Agricultural Zone (A-1) with Special Use Provision 69U and Special Regulation Provision 107R, and from Hazard Land Zone (P-3) to Residential Three Zone (R-3), Residential Four Zone (R-4), Residential Six Zone (R-6), Public Park Zone (P-1) and Hazard Land Zone (P-3) with site specific special provisions be approved in the form shown in the "Proposed By-law" dated January 10, 2012 attached to Community Services Department report CSD-12-014 as Appendix `A'; and further, That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and delegation by-law 2002-64, grant draft approval to Plan of Subdivision Application 30T-10202 in the City of Kitchener, for Rockway Holdings Limited, subject to the conditions outlined in Report CSD-12-002. (Carried, As Amended) COUNCIL MINUTES JANUARY 16, 2012 - 18 - 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 - Various Tenders Dealt with under Delegations. 2. CAO-11-032 -Boathouse Interior and Exterior Renovation Options Dealt with under Delegations. 3. FCS-12-002 -Committee of Adjustment Recommendations -Various Council considered Finance and Corporate Services Department report FCS-12-002 (D. Saunderson), dated December 23, 2011. Item B.3 iii) regarding Sign Variance Application, Submission No. SG 2011-015 (Victoria Street North adjacent to Shirley Drive) was dealt with under Delegations. It was resolved: "That the application of Marcelino Jiron & Noemi Rivera (FN 2011-003 - 865 Strasburg Road) requesting legalization of an existing wooden fence located in the front yard, having a height of 1.8m (5.9') rather than the permitted height of 0.9m (2.95'), on Lot 264, Plan 1349, 865 Strasburg Road, BE APPROVED. -and - "That the application of Joseph Ward (SG 2011-014 - 309 Frederick Street) requesting legalization of a ground supported sign on a lot having a width of 12.87m (42.22`) rather than the required 15m (49.21`), on Part Lot 2, Plan 197, 309 Frederick Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall apply for and receive approval of a sign permit from the City of Kitchener for the proposed sign. 2. That the owner shall relocate the current ground support sign to a minimum of 0.4m from any property line." 4. CAO-12-002 -Safe & Healthy Community Advisory Committee Letter of Support for Position Paper on Bill C-10 Council considered Chief Administrator's Office report CAO-12-002 (S. Weare), dated January 11, 2012. It was resolved: "That a letter of support for the Waterloo Region Crime Prevention Council's position paper on the federal Safe Streets and Communities Act (Bill C-10) be sent to the Senate of Canada." COUNCIL MINUTES JANUARY 16, 2012 - 19 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. CSD-12-016 -Curling Event Agreement Council considered Community Services Department report CSD-12-016 (K. Baulk), dated January 12, 012, circulated this date. It was resolved: "That in the event the City of Kitchener is awarded the 2013 Canadian Curling Pre-Trials and, subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute two agreements; a Hosting Agreement with the Canadian Curling Association and a Local Host Partnership Agreement (City of Kitchener, Westmount Golf and Curling Club, and K-W Granite Club)."