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HomeMy WebLinkAboutCouncil - 2007-10-01COUNCIL MINUTES OCTOBER 1, 2007 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 Kamila Wysocki, King School of Vocal. On motion by Councillor J. Gazzola, the minutes of the regular meeting held September 17, 2007, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Mr. R. Regier, Executive Director of Economic Development, announced that Kitchener Council received the Canadian Urban Institute's Urban Leadership Award 2007 under the category of `City Livability', as nominated by the University of Waterloo. Dr. Amit Chakma, VP, Academic & Provost, and Wanda Richardson, of the University of Waterloo, congratulated Kitchener Council on receiving the award in recognition of their outstanding leadership in establishing the Economic Development Investment Fund (EDIF) which has contributed to bringing the Wilfrid Laurier University's Faculty of Social Work and University of Waterloo's Health Sciences Campus to the Downtown and continues to generate significant economic benefits for the community. Mr. Regier provided a broader overview of the impact of EDIF, noting significant increases in building permits, condominium sales, employment ratios, retail investor confidence and special events, all of which speak well of the City's investment strategy. The `Centre Yourself -Downtown Kitchener' DVD was shown, which depicts economic activity in the Downtown and Mr. Regier advised that as a result of a donation of a projector by Christie Digital, a local tech company, the DVD will be showing continuously on the large metal cube on top of City Hall from Tuesday to Thursday this week. Mr. Don Heroux, Elections Ontario Referendum Resource Office (Kitchener-Centre), presented information on the Provincial Referendum question that will be on the October 10 ballot. The referendum question will read: `Which electoral system should Ontario use to elect members to the Provincial Legislature?' and voters will have two choices to select from: the existing electoral system (First-Past-The-Post); or, an alternative electoral system, proposed by the Citizens Assembly, known as the `Mixed Member Proportional'. Mr. Heroux provided contact information for those seeking more information on the referendum and encouraged everyone to gain full understanding of the question so as to make an informed choice when casting their vote on October 10. Mayor C. Zehr pointed out that Elections Ontario is anon-partisan organization, whose purpose in presenting this date is to provide the voting population with information respecting the referendum question and related voting procedure. Mayor Zehr advised that Kitchener Council has not, nor does it intend to, take a position on the referendum. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Mayor C. Zehr advised that at the request of staff, Proposal P07-045 (Corporate Records Management System) has been withdrawn to allow additional information to be gathered. In regard to Tender T07-011 (Stonybrook Drive Culvert Replacement), Mr. L. Gordon agreed to provide Council with additional information pertaining to the percentage of overall costs applied to the project consultant. Moved by Councillor G. Lorentz Seconded by Councillor J. Gazzola "That Tender T07-011, Stonybrook Drive Culvert Replacement (Greenbrook Plaza Culvert), be awarded to Xterra Construction Inc., Kitchener, Ontario at their tendered price of $259,197.77, including provisional items and contingency of $28,625. & G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." -and- "That Tender T07-066, Snow Clearing, Removal and Dumping Services (City Parking Lots), be awarded to Humphries Group, Kitchener, Ontario for both Area #1 and Area # 2 at their COUNCIL MINUTES OCTOBER 1, 2007 - 239 - CITY OF KITCHENER tendered price of $5,263. per storm, including G.S.T. and P.S.T., with an option to renew for two (2) subsequent snow seasons, 2008/2009 and 2009/2010." Carried. Mayor C. Zehr advised that three delegations were registered this date in respect to Items 4 ii), iv) and v) of the Committee of the Whole agenda, dealing with decisions of the Committee of Adjustment relative to fence variance applications. Ms. Angelina Noccetti spoke on behalf of her family in opposition to the Committee of Adjustment's decision to refuse Fence Variance Application, Submission No. FN 2007-007 (3 Mahogany Street). She stated that her family had consulted with three industry companies and were not advised by any of the height and setback restrictions under the City's Fence By-law prior to erecting the fence on their corner lot. The fence is located 1 foot from the property line along Prosperity Drive and is 7 ft. in height, and she asked that the fence be allowed to remain for reasons of privacy, security and as a barrier to traffic noise. She further noted that they had purchased the property for its size with the intent to construct a backyard pool and will not be able to meet regulations governing pools if the fence is not permitted as it exists. She added that the fence is not within traffic sightlines and a number of neighbours have signed letters advising that they do not have any objection to the fence. Ms. Noccetti responded to questions, advising that the application was made as a result of a complaint and she was unable to address the complainant's concerns as the person was unknown to her. She advised that the sidewalk on Prosperity Drive is infrequently used because there is no connecting sidewalk to Ottawa Street South. She noted that City staff has indicated that they may eventually build a sidewalk on Ottawa Street South but there is no set timeframe for the construction. Mr. J. Willmer advised that in order for the fence in question to comply there are two options: if the fence is to remain at the 7 ft. height, it must be relocated to the required setback of 15 ft.; or, the fence can be cut down to 6 ft. and relocated to the required setback of 5 ft. Mr. Willmer added that staff has contacted industry companies on numerous occasions to make them aware of by-law requirements; and also contacted the company who placed the post holes for the subject fence and were advised that the individual who wrote the order either did not know the by-law requirements or chose to ignore them. He stated that the industry continues to construct fences in violation and the property owner is at a disadvantage if they do not inquire with the City prior to installing the fence. Ms. Noccetti advised that she had spoken with the post hole company to inquire what it would take to relocate the fence to comply with the by-law but the company did not seem interested in taking on the work and if they did agree to do it, it would be at additional costs to her family. She added that in purchasing the property they had paid a lot premium and were not advised by the real estate industry that they would be unable to use 5-15 ft. of their property as it relates to construction of a fence. Mr. J. Willmer clarified that any fence over 6 ft. in height up to a maximum of 8 ft. is required to be setback 15 ft. from the property line; any fence 5 ft. - 6 ft. in height is required to be setback 5 ft.; and any fence under 5 ft. is required to be setback 3 ft. He pointed out that safety and aesthetics are the key factors in determining whether or not a fence maintains the intent of the by-law. Staff has always been of the opinion that part of the intent of the by-law is to leave room for landscaping or architectural features that will enhance the aesthetics of the neighbourhood; however, the intent is not written in the by-law. Mr. Willmer noted that the majority of home owners on corner lots in the subject neighbourhood have complied indicating that they have contacted the City for information. It was further noted that the City does not require a fence permit and to do so would be difficult to administer. Mr. Willmer suggested that staff could be more diligent in communicating and enforcing requirements of the by-law. In respect to how broad the issue, Mr. Willmer stated that there are over 50 corner lots in the Laurentian West Community that do not comply. He advised that as discussed in June of this year, staff is of the opinion that if the by-law is to be effective it needs to be enforced and the Committee of Adjustment used only for minor variances to the by-law. He noted that often if an application is refused the applicant will look for other examples and file their own complaints but if Council takes a consistent stand the message will be clear that compliance with the by-law is mandatory. Councillor B. Vrbanovic suggested that alternatively if this is a broadscale issue then perhaps an adjustment to the by-law is necessary. COUNCIL MINUTES OCTOBER 1, 2007 - 240 - CITY OF KITCHENER Mr. Craig Thibodeau spoke in opposition to the Committee of Adjustment's decision to refuse Fence Variance Application, Submission No. FN 2007-009 (501 Bridlewreath Court). He stated that the fence was constructed within the requirements for a corner visibility triangle and that having used quality materials, it was his opinion the fence was aesthetically pleasing. The fence is 2 ft. from the property line and meets the 13 ft. minimum setback from the nearest edge of the traveled portion of the road. Mr. Thibodeau advised that he had applied for a permit to construct a pool before erecting the fence and found that underground utilities, normally located in the boulevard, run through the back of his yard. The post hole company advised that they would not dig post holes closer than 2 ft. to any underground utility. He added that the fence is required for privacy in respect to a hot tub and deck in the back yard and if moved back any further, the grading of the property would raise the fence to a higher overall height. Mr. Thibodeau also pointed out that commercial vehicles park on the side street and a shorter fence would not seclude them from his sight. Mr. Matt Weller spoke in opposition to the Committee of Adjustment's decision to refuse Fence Variance Application, Submission No. FN 2007-010 (78 Max Becker Drive). He advised that he has invested considerable dollars in developing a landscaping plan for the property and changing the location of the fence will adversely impact completion of the landscaping plan; implementation of which has already begun. He stated that the height of the fence is necessary for privacy and security and suggested that the appearance of a relocated fence would not be aesthetically pleasing or reasonable. He added that he had purchased the property with the fence already constructed and his lawyer had done due diligence in obtaining a Letter of Compliance for the property from the City. He suggested that without clear provisions of aesthetics in the by-law it was not possible to adhere to the intent of aesthetics. Mr. Weller pointed out that his application did not come about as a result of a neighbourhood complaint but rather as a result of a passing By-law Enforcement Officer. He stated that the fence is 16 ft. from the nearest edge of the roadway, well within the minimum requirement of 13 ft. and to move back an additional 5 ft. would create an even larger barrier for pedestrians and because of the grade of the property would raise the fence 2 ft. higher. He expressed the opinion that bringing the fence into compliance would not achieve the desired results and noted similar cases that were considered minor and approved. A motion by Councillor K. Galloway, seconded by Councillor G. Lorentz, was brought forward for consideration to approve all three of the subject fence variance applications with the condition to provide a green strip (planting /greening) between the fence and the sidewalk. Councillor K. Galloway suggested the motion allows a compromise to provide for aesthetics even though not regulated under the by-law and all three property owners have indicated a willingness to comply with the condition. She also noted that no issues of safety apply to these applications. Councillor J. Gazzola requested clarification of providing a green strip, noting that existing grass could act as a green strip. Councillor K. Galloway stated that the intent was to imply that plantings, for example small shrubs, would be used to soften the impact of the fence. Mayor C. Zehr suggested that wording be included in the motion to clarify the intent to the effect that the owner would be required to provide aesthetic greenery to shelter the effect of the fence. Councillor Galloway indicated that she had no difficulty with including wording to that effect in her motion. Councillor J. Gazzola spoke against the motion, as it was his opinion that having already made considerable changes to the by-law, approving such applications each time they come forward was not appropriate nor supportive of the Committee of Adjustment's position. He stated that either non- compliance should not be allowed to continue or if deemed necessary, further changes be made to the by-law. Councillor G. Lorentz supported the motion commenting that each application should be considered on its own merit. He pointed out that smaller lots are being sold in newer subdivisions, the intensification of which increases traffic and noise pollution and the owners have a right to want their privacy. He suggested that landscaping is a good compromise to soften the impact of a fence and that staff should be persistent in communication of the by-law requirements. Councillor B. Vrbanovic raised concerns with the impact of continuing to approve non-compliant fences in light of the potential for many more to come forward. He stated that he did not see a concern with the subject fences in terms of aesthetics and questioned if the intent of the by-law was correct or if this is really a larger issue. COUNCIL MINUTES OCTOBER 1, 2007 - 241 - CITY OF KITCHENER Mr. Willmer advised that the problem exists more prominently in the Laurentian West Community but estimated there may be between 100 - 150 non-compliant fences City-wide. He stated that while staff do not agree with approval of these applications they do agree that corner lots have a need for privacy and property owners need to contact the City for information on fence requirements. Mr. Willmer provided two options for Council's consideration to deal with the matter if inclined to approve the applications, being: provide a blanket approval to all non-compliant fences constructed on or before October 1, 2007 and going forward strictly enforce and communicate by-law requirements; and / or, make provision within subdivision agreements for a City easement on corner lots so the property owner is made aware that they cannot construct a fence within the easement. Mr. Willmer noted that the Committee of Adjustment considers each application on their own merit and has in fact, approved two of the five applications before Council this date, demonstrating that the Committee has an understanding of the intent of the by-law and uses good judgment in making decisions. Councillor B. Vrbanovic stated that while he could support the motion, in light of the comments made by Mr. Willmer, he suggested that it may be appropriate to take time to further consider the issue in broader terms. Councillor J. Gazzola agreed that more time should be taken to consider the options posed by staff and could see no adverse impact in delaying a decision on the subject applications to allow further consideration to take place. Councillor K. Galloway stated her preference to move forward with a decision on the subject applications and continue discussions on the larger issue of corner lots at a later date. Mayor C. Zehr referred to the reduced fee invoked by Council with respect to this type of application, noting that members of the Committee of Adjustment have indicated it has not achieved the desired effect and pointed out that the reduced fee should also be revisited if it is decided to defer and continue discussions on the broader issues. Mr. J. Willmer suggested that given the complexity of the issue, it would be more appropriate to refer the matter back to a Development and Technical Services Committee meeting and asked that staff be given until the November 5, 2007 meeting to bring the subsequent report back. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Gazzola "That ratification of the decisions of the Committee of Adjustment relative to Fence Variance Applications, Submission Nos. FN 2007-007 (3 Mahogany Street), FN 2007-098 (501 Bridlewreath Court), and FN 2007-010 (78 Max Becker Drive), be deferred and referred to the November 5, 2007 Development and Technical Services Committee meeting, to allow further consideration of the broader issues of non-compliant corner fences and to receive a report from staff outlining options on how to deal with the matter." Carried. Members of the Committee asked that the by-law not be enforced in the interim; that any other applications that have been filed with the Committee of Adjustment be deferred pending the outcome of further consideration by the Development and Technical Services Committee and Council; and that staff address the issue of any non-compliant fences that pose legitimate safety concerns in their report. It was also suggested that any property owner having previously submitted an application be reimbursed the application fee in the event it is decided to invoke a blanket approval. Mayor C. Zehr advised that pursuant to the Municipal Act 2001, a Notice of Intention to consider this date enactment of a by-law to close part of Irvin Street, listed as Items 10 e) and 13 e) on the Council agenda, was published in The Record on September 21, 2007. On invitation, no member of the public came forward to speak to the proposed by-law to close part of Irvin Street. Mr. Zyg Janecki attended in support of Clause 4 of the Finance and Corporate Services Committee report of this date, dealing with a proposed increase in the size of Council. COUNCIL MINUTES OCTOBER 1, 2007 - 242 - CITY OF KITCHENER Councillor B. Vrbanovic supported the proposal to increase the size of Council from 6 to 10 ward Councillors, noting that Council's decision this date will provide focus for the ward boundary review in determining what the boundaries will look like for the 2010 Municipal election. Councillor G. Lorentz advised that having alone favoured an increase to 8 Councillors, he would now unite with the majority to support an increase to 10 and asked that staff consider the issue of Council remuneration as part of the upcoming ward boundary review. Mayor C. Zehr suggested that remuneration should be dealt with separately following the conclusion of the ward boundary review as it is not relevant to the size of the wards. Councillor G. Lorentz asked that at minimum, a process to review Council remuneration be undertaken prior to the next Municipal election and it was agreed to further discuss this matter following the vote on the motion to increase the size of Council. Councillor J. Gazzola supported the motion to increase the size of Council, commenting that it will improve the democratic process and bring the number of Council members back to the level in 2000. He noted that the decision of Council is final and cannot be appealed; however, the final decision on ward boundaries can be appealed to the Ontario Municipal Board. He stated that while additional costs may be incurred as a result of the increased size, it was his opinion those costs could be reduced. Mayor C. Zehr commented that in light of an automatic review of ward boundaries scheduled for this term of Council, it had been deemed an appropriate time in which to also consider an increase in the size of Council. He noted that the policy to review ward boundaries every third term of Council was amended to every second term, or every 8 years, which should better reflect changing population. He added that the costs provided were given to ensure full disclosure of the costs to have a Council member and was not reflective of tax implications. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That Clause 4 of the Finance and Corporate Services Committee report of this date, be adopted." Carried Unanimously, on a Recorded Vote. A motion by Councillor G. Lorentz, seconded by Councillor J. Smola, was brought forward for consideration to direct staff to consider the issue of remuneration of Council. Councillor J. Smola commented that it would be appropriate to review Council remuneration in light of the decision to increase the size of Council and asked that staff consider establishing a citizen review committee as has been done in the past. Councillor J. Gazzola spoke against the motion as the proposal was only just put forward and no details were available at this time to determine an appropriate course of action. Mayor C. Zehr asked that staff bring forward a report outlining a proposed process in which Council remuneration could be reviewed by a citizens committee following completion of the ward boundary review. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That following completion of the Ward Boundary Review, staff report to the Finance and Corporate Services Committee on a process to review Council remuneration, taking into consideration establishment of a citizens committee, compilation of comparators with like-sized municipalities and completion of the review prior to the next municipal election in 2010." A recorded vote was requested. In favour: Mayor C. Zehr and Councillors G. Lorentz, J. Smola, K. Galloway, B. Vrbanovic and C. Weylie Contra: Councillor J. Gazzola Motion Carried. COUNCIL MINUTES OCTOBER 1, 2007 - 243 - CITY OF KITCHENER Mr. Ian Graham, resident, attended to follow-up on concerns he had raised earlier in June of this year regarding ongoing construction in the area of Joseph /Gaukel Streets and Victoria Park. He spoke of conditions having an adverse impact to the enjoyment of his property and that no other area of the City has had to experience such circumstances. He stated that there has been a complete lack of communication as to what is happening in his area and no action has yet been taken on his request for athree-year tax credit. He questioned if this was amake-work project having witnessed certain works completed one day only to be removed the next. He added that the driveway to his property has sunken in at the roadway which he was advised would be rectified this past Friday but remains untouched and raised concerns of being sued should someone be injured. He re-iterated that he and his family have been adversely affected both personally and professionally, noting that he has been unable at times to conduct his home business because of noise and vibrations from the construction. Mayor C. Zehr gave assurance to Mr. Graham that this was not amake-work project, pointing out that the City has spent more dollars per square metre on this project than any other and was necessary to address environmental issues related to the removal of coal tar; of which he was pleased Council had accepted the responsibility to undertake environmental rehabilitation of the site. Councillor C. Weylie advised that she and Mayor Zehr had undertaken discussions with Manulife in regard to their parking garage renovations, which Manulife has agreed to put on hold for one year but advises will still have to be completed. Mayor Zehr added that when Manulife resumes work on the parking garage they have agreed to mitigate the construction noise as much as possible. Councillor Weylie noted that in respect to the Joseph /Gaukel Streets and Victoria Park construction project, meetings were held every Thursday to update area residents on the status of the coal tar removal, which is now completed. She stated that she was not in favour of providing a tax credit without financial information showing losses to Mr. Graham's business and pointed out that many businesses have been in the same position of having been impacted by road construction projects. Mayor C. Zehr asked that Mr. R. Browning, General Manager of Development and Technical Services, arrange to have Mr. J. Witmer, Chief Building Official, contact Mr. Graham to update him on the status of the unfinished portions of the Joseph /Gaukel Streets and Victoria Park construction projects; and advised Mr. Graham that there is a process, known as `Injurious Affection', through which he could submit a claim for compensation in respect to his business if so desired. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." With respect to Clause 3 of the report dealing with the Hidden Valley Community, Councillor J. Gazzola expressed his desire to have the entire area brought into public ownership to preserve the lands for future generations. He suggested that all levels of government and the private sector should be involved, with private donations being matched by Federal /Provincial and Municipal dollars. He advised that he would support Clause 3 in principle and hoped that all were committed to doing all that could be done to save the entire area. Councillor B. Vrbanovic commented that Council has not made a commitment to all of the lands but does want to see as much saved a possible for future enjoyment. He noted that a number of factors were unknown in respect to the value of the lands and outstanding studies, and it was his opinion that it was prudent to delay identifying any specific intent to allow staff to compile sufficient information for full discussion and then determine an appropriate course of action. Mayor C. Zehr agreed that a commitment has not been made in respect to the entire area but the recommendation does provide for a process to start identifying those pieces of Hidden Valley that may be of corporate interest in future. Councillor J. Gazzola spoke to Clause 5 of the report, dealing with a joint Regional -City Brownfields Financial Incentive Program and inquired as to the potential to request the Province to become a partner by allocating a portion of School Board taxes toward the program. In addition, he expressed a desire to have the developer contribute to the costs of the program as it was his opinion the developer stands to recoup a majority of the clean-up costs without really putting anything into the program. COUNCIL MINUTES OCTOBER 1, 2007 - 244 - CITY OF KITCHENER Mr. J. Willmer advised that the Province has expressed an interest in contributing to brownfield incentive programs but by different means than tax subsidies. It was his opinion there is a legitimate tie-in between services and providing a municipal grant to level the playing field. He suggested that this is not the case for the Province and it is unlikely the Province would be receptive to such a request. In respect to contribution by the developer, Mr. Willmer pointed out that the developer assumes the risk of carrying costs which is a substantial investment over the 10 year period. He added that the whole point of the program is that the City pays 100% of the clean-up costs to level the playing field and if not, the brownfield sites are more likely to sit idle in preference of greenfield development. The Development and Technical Services Committee report was then voted on Clause by Clause. Clause 3 -Carried, Unanimously. Clause 5 -Carried. Balance of report -Carried. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That the report of the Community Services Committee be adopted." At the request of Councillor K. Galloway, it was agreed to amend Clause 5 of the report dealing with a lease agreement with RBJ Schlegel, by deleting the phrase `at the proposed Williamsburg Family YMCA Facility', as such a facility does not exist. Councillor J. Gazzola spoke in opposition to Clause 5 as it was his opinion this request is out of order with the process, as outlined in the Leisure Facilities Master Plan (LFMP), for dealing with new community centres and should not go ahead of others without revisiting the LFMP. Councillor G. Lorentz advised that he also had reservations, but noted that the request is subject to 2008 budget deliberations which provides time for staff to research the matter and provide a better understanding of the rationale. Councillor K. Galloway added that this is intended as a pilot project to see how community centres can be placed in areas where there is no space available. Councillor B. Vrbanovic disagreed that the proposal goes against the LFMP, commenting that this is intended to deal with needs in a growing area of the City with higher density, smaller lots and young families in need of some space for community activities and which may in future lead to a full fledged community centre. Mayor C. Zehr agreed that the proposal recognizes over 1,000 residents already living in the area and all other commitments are still being honoured. Councillor B. Vrbanovic spoke to Clause 3 of the Community Services Committee report, concerning the 2007-2008 Workplan of the Safe & Healthy Community Advisory Committee, advising that Council was now in receipt of a copy of the Workplan. At his request, the recommendation was withdrawn as Council's approval of the Workplan is not required and was intended only as information. At the request of Councillor G. Lorentz, Councillor Vrbanovic agreed to follow-up with staff on the issue of a safety audit for walkways. With regard to Clause 4 of the Community Services Committee report, concerning Phase 2 of the Private Management Contract Requests for Proposals (RFP) process for the Kitchener Market, Councillor J. Gazzola inquired if a new call for an RFP will go out now that key outcomes have been established. He was advised by staff that the process is similar to that of the Centre Block proposal whereby firstly, Expression of Interests were received, then evaluated and the City now has two proponents for the Market. The next step is to receive proposals from the two proponents that define their specific approach but in order to do so, the City must define the Terms of Reference which is what the Task Force will develop and bring back to Council for approval prior to going out to the two proponents. COUNCIL MINUTES OCTOBER 1, 2007 - 245 - CITY OF KITCHENER Councillor Gazzola asked for clarification on how the potential sale of the Market factors in this process, expressing the opinion that the Market could be sold and the criteria to continue to hold a Saturday Market still apply to the purchaser. Mayor C. Zehr pointed out that there are five components to be investigated in regard to the Market, of which the sale of the Market is one. He advised that a subsequent report on all five components will be brought forward by staff in December 2007. Councillor B. Vrbanovic added that the recommendation this date deals with the component related to a private management contract, separate from the sale of the Market and should it be decided to pursue sale of the Market that process would be open to all as opposed to just the two proponents of the management piece. The Community Services Committee report was then voted on Clause by Clause. Clause 3 -Motion redundant and not considered as Council approval of the Workplan is not required. Clause 4 -Carried. Clause 5 -Carried, as Amended. Balance of report -Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the report of the Finance and Corporate Services Committee be adopted. Council considered this date Financial Services Department report FIN-07-119 (R. Upfold), relative to Clause 2 of the report dealing with licensing fees for dogs. On motion by Councillor B. Vrbanovic, seconded by Councillor J. Smola, it was agreed to amend Clause 2 of the report, by replacing the clause with the revised recommendation contained in staff report FIN-07-119. Ms. P. Houston advised that staff will report at a later date on the issue of licence fees achieving full cost recovery and as well, the issue of deadlines for receipt of the licence fees. Councillor J. Gazzola spoke in opposition to Clause 3 of the report, concerning forgiveness of an outstanding debt and funding allocation for the Waterloo Regional Children's Museum. He stated that while financial statements were provided for the Museum's fiscal year-end 2006, he had asked for the year-end (June 2007) statements. He pointed out that substantial dollars are involved and it was his opinion, a current financial statement and strategic business plan should be provided prior to a decision being made. Councillor B. Vrbanovic pointed out that the costs relate to construction of a City-owned building and the Museum has been impeded in respect to paying the debt by a number of factors related to construction and joint use of the elevator. He added that the additional washroom will aid the Museum in its efforts to generate additional revenues for future sustainability by adding a restaurant use. Mayor C. Zehr commented that the issue of construction has been put aside for a number of years and should have been dealt with sooner. He added that by approving the request this date it allows for the Lease Agreement to finally be signed by both parties. Councillor J. Gazzola requested clarification in regard to Clause 5 of the report, dealing with the Corporate Customer Service Program, in particular, asking how the affected departments will deal with the expected transfer of funds from their budgets for the customer service representatives. Ms. C. Ladd advised that no dollars are being taken from the Departmental budgets but rather it is anticipated that the two new FTE positions will be filled from within 2 or 3 of the functional areas. Councillor Gazzola asked for an update on the issue of the location for the Welcome Centre and Ms. J. Murphy advised that further discussion has taken place with Facilities Management staff in regard COUNCIL MINUTES OCTOBER 1, 2007 - 246 - CITY OF KITCHENER to placing the Welcome Centre in a more prominent position on the main floor and a subsequent report would come back to Council Ms. Murphy also spoke to staffing, advising that the Welcome Centre will consist of one FTE and a voluntary tourism position which at this time equates to part time but is anticipated to become full time by the end of Phase 2 of the project. The Finance and Corporate Services Committee report was then voted on Clause by Clause. Clauses 1 & 6 -Carried. Clause 2 -Carried Unanimously, as Amended. Clause 3 -Carried, on a recorded vote. In favour: Mayor C. Zehr and Councillors G. Lorentz, J. Smola, K. Galloway, B. Vrbanovic and C. Weylie. Contra: Councillor J. Gazzola Clause 4 - Dealt with under Delegations and Carried Unanimously, on a recorded vote. Clause 5 -Carried Unanimously. Council then considered Item 7 a) under Unfinished Business, concerning the 2008 Operating Grant for the Homer Watson House & Gallery. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the following recommendation be referred to the 200$ budget deliberations, pending further discussion between all interested parties: `That the 2008 annual operating grant in the amount of $191,760. to Homer Watson House & Gallery be approved."' Carried. Council then considered Item 7 b) under Unfinished Business, concerning an agreement to operate a concession in Wilson Park. Council received this date Community Services Department report CSD- 07-084 (D. Keehn), which outlines additional information in respect to a public meeting held with area residents concerning the proposed concession. Councillor J. Gazzola advised that for many of the area residents, the public meeting was the first time they had opportunity to hear of and discuss the proposed concession. A number of alternative locations were proposed and all parties have agreed that it would be appropriate to take more time to consider the alternatives. Moved by Councillor J. Gazzola Seconded by Councillor C. Weylie "That the following recommendation contained in Community Services Department report CSD-07-078, be referred for consideration at the October 15, 2007 special Council meeting, pending a second public meeting to discuss alternative locations outlined in addendum report CSD-07-084, dated September 28, 2007: `That the Mayor and Clerk be authorized to execute an Agreement, satisfactory to the City Solicitor, with the Kitchener Minor Boys Softball Association (KMBSA) regarding the construction of a small building for use as a concession, and the subsequent operation of the concession in Wilson Park, said Agreement to authorize KMBSA to be responsible for the construction of the building in cooperation with Facilities Management and Parks Operations based on the conditions as laid out in Community Services Department report CSD-07-078; and further, COUNCIL MINUTES OCTOBER 1, 2007 - 247 - CITY OF KITCHENER That the General Manager of Community Services be authorized to execute a renewal of this Agreement as it pertains to the operation of this concession for the years 2008 and 2009, subject to the satisfaction of the City Solicitor."' Carried. Councillor J. Smola advised that he wished to introduce a motion in respect to Council's resolution of June 19, 2006 concerning approval of Demolition Control Application DC 06/04/W/LT (59 & 61 Weber Street East), and requested that the requirements for giving Notice of Motion be waived as an offer to purchase is pending on the subject lands with a closing date in mid-October, which is prior to the October 22, 2007 Council meeting. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That pursuant to Section 25.7.14 of Chapter 25 (Council Procedure) of the Municipal Code, Council waive the requirement for Notice of Motion with respect to a motion to amend the conditions of approval relative to Demolition Control Application DC 06/04/W/LT (59 & 61 Weber Street East)." Carried Unanimously. Councillor Smola advised that specifically, the property owner has requested that condition c) of the approval be rescinded to provide for the immediate demolition of the two structures without having an approved site plan and building permit approved for future development; and no monetary penalty being incurred if the new residential building is not substantially complete within two years of the date of issuance of the demolition permit. Councillor Smola then referred to a memorandum circulated this date from Mr. J. Willmer, Director of Planning, dated September 27, 2007, in which staff advise they support the property owner's request on the basis that given the condition of the two structures a vacant property would be more appropriate and would allow the owner time to evaluate property assembly options prior to re-development. Councillor Smola expressed a desire to have this property cleaned up as in its present state it is adversely impacting other properties in the neighbourhood. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That Condition c) of the approved Demolition Control Application DC 06/04/W/LT (59 & 61 Weber Street East), requiring final site plan approval, a building permit for future development and substantial completion of a new residential building of at least 12 dwelling units within two years of the date of issuance of the demolition permit; be rescinded to allow immediate demolition of the two structures." Carried. Councillor G. Lorentz announced that the Knights of Columbus recently donated $125,000. to the St. Mary's Hospital Foundation, which is a significant amount for the non-profit organization to have raised on its own. Councillor J. Gazzola asked that staff investigate the potential to use the display technology of Christie Digital for other communication purposes and / or future events. Councillor J. Gazzola referred to an email sent to members of Council in late August 2007 which he believes contravenes Human Resources Policy 235 and asked that the City Solicitor investigate to determine if his position is correct. Council agreed to the request of Mr. R. Gosse, City Clerk, to add two additional by-laws for three readings this date, being: a Municipal Plan Amendment (MPA 07/05/H/KA - 2350 Homer Watson Boulevard) and Zoning Amending by-law (ZC 07/11/C/KA - 2350 Homer Watson Boulevard), relative to Clause 1 of the Development and Technical Services Committee report. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That leave be given the Mover and Seconder to introduce the following by-laws, namely: COUNCIL MINUTES OCTOBER 1, 2007 - 24$ - CITY OF KITCHENER (a) To further amend By-law 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) To further amend By-law 88-172, being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (d) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code with respect to By-law Enforcement. (e) Being a by-law to close part of the public highway known as Irvin Street, in the City of Kitchener. (f) 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. (g) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to the Appointment of Staff. (h) Being a by-law to exempt certain lots from Part Lot Control -Lots 1 to 10 inclusive, 12, 14 to 21 inclusive, and 30, Registered Plan 58M-435, Lots 12 to 18 inclusive, Registered Plan 58M-436 and Block 36, Registered Plan 58M-437 -Huck Crescent. (i) Being a by-law to exempt certain lots from Part Lot Control -Blocks 2 and 3 and Part of Block 1, Registered Plan 58M-394 -Upper Mercer Street. (j) Being a by-law to exempt certain lots from Part Lot Control -Part Block 6, Registered Plan 58M-270 -Deer Ridge Drive. (k) To confirm all actions and proceedings of the Council. (I) Being a by-law to adopt Amendment No. 72 to the Municipal Plan. (m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -City of Kitchener - 2350 Homer Watson Boulevard. 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 J. Gazzola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "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 G. Lorentz Seconded by Councillor J. Smola "That the by-laws listed on the agenda for third reading, namely: COUNCIL MINUTES OCTOBER 1, 2007 - 249 - CITY OF KITCHENER (a) To further amend By-law 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. tBy-law No. 2007-171) (b) To further amend By-law 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. tBy-law No. 2007-172) (c) To further amend By-law 88-172, being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. tBy-law No. 2007-173) (d) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code with respect to By-law Enforcement. tBy-law No. 2007-174) (e) Being a by-law to close part of the public highway known as Irvin Street, in the City of Kitchener. tBy-law No. 2007-175) (f) 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. tBy-law No. 2007-176) (g) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to the Appointment of Staff. tBy-law No. 2007-177) (h) Being a by-law to exempt certain lots from Part Lot Control -Lots 1 to 10 inclusive, 12, 14 to 21 inclusive, and 30, Registered Plan 58M-435, Lots 12 to 18 inclusive, Registered Plan 58M-436 and Block 36, Registered Plan 58M-437 -Huck Crescent. tBy-law No. 2007-178) (i) Being a by-law to exempt certain lots from Part Lot Control -Blocks 2 and 3 and Part of Block 1, Registered Plan 58M-394 -Upper Mercer Street. tBy-law No. 2007-179) (j) Being a by-law to exempt certain lots from Part Lot Control -Part Block 6, Registered Plan 58M-270 -Deer Ridge Drive. (k) To confirm all actions and proceedings of the Council. (I) Being a by-law to adopt Amendment No. 72 to the Municipal Plan. tBy-law No. 2007-180) tBy-law No. 2007-181) tBy-law No. 2007-182) COUNCIL MINUTES OCTOBER 1, 2007 - 250 - CITY OF KITCHENER (m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -City of Kitchener - 2350 Homer Watson Boulevard. tBy-law No. 2007-183) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned at 10:25 p.m. Carried. MAYOR CLERK COUNCIL MINUTES OCTOBER 1, 2007 - 251 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That Official Plan Amendment Application MP07/05/H/KA (City of Kitchener, 2350 Homer Watson Boulevard) requesting a change in designation from Open Space to Arterial Commercial Corridor on lands owned by the City of Kitchener, legally described as Part of Biehn's Unnumbered Tract & Part of Block 129, Registered Plan 1710, in the City of Kitchener, be adopted, in the form shown in the `Proposed Municipal Plan Amendment' attached to Development and Technical Services Department report DTS-07-137, and accordingly forwarded to the Region of Waterloo; and further, That Zone Change Application ZC07/11/C/KA (City of Kitchener, 2350 Homer Watson Boulevard) requesting a change in zoning from Open Space Zone (P-2) with Holding Provision 27H to Arterial Commercial Zone (C-6) with Special Regulation Provision 467R; on lands owned by the City of Kitchener, legally described Part of Biehn's Unnumbered Tract & Part of Block 129, Registered Plan 1710, in the City of Kitchener, be approved, in the form shown in the Proposed By-law, dated July 29, 2007, attached to Development and Technical Services Department report DTS-07-137. 2. That a raised pedestrian crosswalk with curb extensions be installed on Bradley Drive at the intersection of Bradley Place; and further, That two (2) speed humps be installed on Bradley Drive between Franklin Street North and River Road East. 3. That Development and Technical Service Department report DTS-07-153 providing background information on the Hidden Valley Community and the status of the Region of Waterloo's Class Environmental Assessment for the proposed River Road extension be received for information; and further, That staff start identifying those pieces of land which may be deemed to be of corporate interest in the future, and recommend how the purchase of this land could be funded. 4. That staff of Economic Development participate in the Province of Ontario's `Service Station Redevelopment Framework Project', under the leadership of the Ontario Centre For Environmental Technology Advancement (OCETA); and, That a Kitchener Service Station Renewal Working Group be established in accordance with the purposes, and suggested composition as set out in Chief Administrator's report CAO-07- 042; and further, That Councillor C. Weylie be appointed as a member of the Kitchener Service Station Renewal Working Group. 5. That the Proposed Joint Regional -City Brownfields Financial Incentive Program as outlined in Region of Waterloo Staff Report F-07-046/P-07-079 be supported, subject to further discussion on the calculation of the allowance for administrative costs, and the requirement that all applications must meet all adopted policy and design guidelines. COMMUNITY SERVICES COMMITTEE - 1. That aone-time community playground grant in the amount of $750. be awarded to the Alpine Public School in 2007 for the construction of a junior creative playground facility to be located within the school campus. 2. That the Deer Ridge Estates Social Club, be approved as an affiliated group under the City's Neighbourhood Association Affiliation policy; and further, That the Deer Ridge Estates Social Club be added as an insured group under the City's Third Party Liability Insurance Program. COUNCIL MINUTES OCTOBER 1, 2007 - 252 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 3. That consideration of the staff recommendation contained in Corporate Services Department report CRPS-07-130, be referred to the October 1, 2007 Council meeting pending circulation of the 2007-2008 Safe & Healthy Community Advisory Committee Workplan to members of Council: "That the 2007-2008 Workplan of the Safe & Healthy Community Advisory Committee, as amended to include a new action item under the focus area of Community Safety, be approved." (Motion Redundant and not considered as Council approval of the Workplan is not required) 4. That staff proceed to Phase 2 of the Private Management Contract Request for Proposals process for the Kitchener Market, as outlined in Community Services Department report CSD- 07-085; and further, That the two proponents who submitted an Expression of Interest in Phase 1 be invited to submit a formal Request for Proposals. 5. That subject to Council's 2008 budget deliberation process, a Lease agreement with RBJ Schlegel for the use of 3000 square feet of space (at $25. per square foot), commencing in July 2008, be approved. (Carried, as Amended) FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That staff be directed to report on the implications of a by-law to amend Chapter 408 (Animals) of the City of Kitchener Municipal Code in accordance with Option 2, as outlined in Corporate Services Department report CRPS-07-128, following the appropriate public consultation and prepare a draft by-law for consideration at a future Finance and Corporate Services Committee meeting. 2. That Appendix `A' (Fees) of Chapter 530 (Dogs) of the City of Kitchener Municipal Code be replaced with the Appendix `A' attached to Financial Services Department report FIN-07-119, effective January 1, 2008. (Carried, as Amended) 3. That the request of the Waterloo Regional Children's Museum for forgiveness of an outstanding debt related to the project construction costs, be approved in the amount of $160,252.57 (elevator - $90,000. and construction - $70,252.57); and, That $25,000. be allocated from the City's capital provision for the facility to provide for construction of an additional washroom at 10 King Street West for use by the Waterloo Regional Children's Museum; and further, That the request of the Waterloo Regional Children's Museum for a one time grant of $50,000. to support the development of major new programs /exhibits currently being planned, be deferred for future consideration in 2008, pending results of the organization's 2007/2008 fundraising campaign. (Carried, on a Recorded Vote) 4. That under authority of Section 217 of the Municipal Act, as amended, the composition of Kitchener City Council shall be changed from the Mayor and six Councillors to the Mayor and ten Councillors; and further, COUNCIL MINUTES OCTOBER 1, 2007 - 253 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 4. (Cont'd) That a By-law to effect this change shall be prepared for adoption, to come into force when the new Council is organized in 2010, after the next regular election. (Dealt with under Delegations and Carried Unanimously, on a Recorded Vote) 5. That the Corporate Customer Service Program be approved, as outlined in Chief Administrator's Office report CAO-07-044 and attached Business Case, dated September 12, 2007; and, That the operating and capital budgets required to implement phase one of the Corporate Customer Service Program in 2008 be referred to the 2008 budget process; and further, That on final budget approval, implementation of phase one of the Corporate Customer Service Program proceed immediately. 6. That subject to final approval of the City's 2008 Operating Budget, additional funds required for the re-allocation of KW Tourism staff resources be approved, to support Customer Service and Economic Development (Downtown, Communications and Marketing) programs, commencing in 2008. COUNCIL MINUTES OCTOBER 1, 2007 - 254 - 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. Execution of Engineerinq Agreement -MTE Consultants Inc - Ebv Estates It was resolved: "That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor for the provision of professional engineering services made between the City of Kitchener and MTE Consultants Inc., regarding Eby Estates Subdivision, Draft Plan 30T-05201." 2. Execution of Engineerinq Agreement -Meritech Services Inc. -Chicopee It was resolved: "That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor for the provision of professional engineering services made between the City of Kitchener and Meritech Services Inc., regarding Chicopee Subdivision -Stage 2, Draft Plan #30T-03201." 3. Various Tenders Dealt with under Delegations. 4. Committee of Adiustment Decisions Council considered minutes and other background information from D. Gilchrist, Secretary-Treasurer, Committee of Adjustment, regarding a meeting held September 18, 2007. Items 4 ii), iv) and v) dealing with Fence Variance Applications, Submission Nos. FN 2007-007 (3 Mahogany Street), FN 2007-009 (501 Bridlewreath Court) and FN 2007- 010 (78 Max Becker Drive), were dealt with under delegations. At the request of Councillor K. Galloway, it was agreed to direct staff to request the Committee of Adjustment to amend paragraph 2 of Item 2 on page 20 of the September 18, 2007 Committee of Adjustment minutes by deleting the phrase "Doon South community" and replacing it with "Country Hills community". It was resolved: "That the application of Sunralf Corporation (Submission No. SG 2007-011 - 600 Fairway Road South) requesting permission to add an additional panel to the bottom of an existing pylon sign such that the clearance between the bottom of the copy portion of the sign and grade will be 1.8m (5.9') rather than the required 2.44m (8')., on Part Lot 18, Registered Plan 988, being Part 1, Reference Plan 58R-4136, 600 Fairway Road South, Kitchener, Ontario, BE APPROVED." -and- "That the application of Beata and Cosimo Commisso (Submission No. FN 2007-008 - 153 Winding Wood Crescent) requesting legalization of an existing fence, a portion of which is 2.59m (8.5') high and the remainder is 1.82m (6') high, located 1.33m (4.36') from the side lot line abutting a street (Crest Haven Street) rather than the permitted COUNCIL MINUTES OCTOBER 1, 2007 - 255 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 4. Committee of Adjustment Decisions - tCont'd) 0.9m (2.95') high fence, on Lot 27, Registered Plan 58M-158, 153 Winding Wood Crescent, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall plant and maintain a visual barrier along that portion of the existing fence that is 2.5 metres (8.5 feet) in height. The visual barrier shall be a minimum of 1.8 metres (6 feet) in height and shall consist of trees or shrubs." -and- "That the application of Erin Boston (Submission No. FN 2007-011 - 97 Coopershawk Street) requesting legalization of an existing fence having a height of 1.5m (5'), located Om from the side lot line abutting a street (Riverlink Way) rather than the permitted 0.9m (2.95') high fence, on Block 26, Registered Plan 58M-181, being Part 89, Reference Plan 58R-12968, 97 Coopershawk Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the variance approved in this application shall apply to an open wrought iron fence only."