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HomeMy WebLinkAboutCouncil - 2007-11-26COUNCIL MINUTES NOVEMBER 26, 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 Yvonne Jarsch, King School of Vocal. On motion by Councillor K. Galloway, the minutes of the regular meeting held November 13, 2007 and special meetings held November 13, & 19, 2007, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Messrs. Rob Gallivan and Steve van de Keere, and Ms. Paula Sawicki, Region of Waterloo, presented an update of the Region's 2007 - 2008 Transportation Capital Program. Mr. Gallivan advised that development of the program was comprised of priority setting for road /bridge maintenance projects, in consultation with area municipalities. Considerations included project co- ordination to avoid overlaps and incorporate other works in conjunction with road reconstruction to achieve cost effectiveness. He noted that a study to develop a new Transportation Master Plan is underway and is anticipated to be completed by late 2009. He added that a series of meetings and public input sessions are being held to determine tax policy issues, with a tax rate by-law to be approved by Regional Council in January 2008, and followed by a mid-year review in June 2008. Mr. van de Keere reviewed various road reconstruction and bridge maintenance projects completed and / or near completion in 2007, as well as works planned for 2008 and beyond to 2012. Mr. van de Keere advised that where possible, combined contracts will be considered and in all cases, traffic management principles will be adhered to ensuring accommodation of emergency services, as well as safe passage through construction zones and minimal disruption for motorists, pedestrians, cyclists and transit. Ms. Sawicki advised that Regional staff have been working with City staff on development of a Transportation Demand Management Program; have participated in the City's Wellness Fair; and is the winner of the 2007 Commuter Challenge. She stated that since 2000 Grand River Transit ridership has increased by 50%, of which, Kitchener's ridership has increased by 36% or 2 million rides. Ms. Sawicki noted that a successful kickoff event was held November 22, 2007 in regard to the Transportation Master Plan Study and Regional staff will now proceed with surveys and workshops to develop visioning and guiding principles. Councillor G. Lorentz inquired as to the timing for widening of Highland Road West up to Ira Needles Boulevard and beyond, as well as, installation of sidewalks to address issues of pedestrian safety. Mr. Gallivan advised that as of January 1, 2008 the Region is assuming responsibility for installation of sidewalks on Regional roads and this will be a budget issue. He stated that a funding mechanism has to be established and anticipated sidewalks for the subject area would likely be planned for 2009. Councillor Lorentz then inquired as to the rationale for mounding the centre area of roundabouts. Mr. van de Keere advised that it is intended to prevent motorists from seeing directly across a roundabout which if left flat, could create the illusion of a straightaway; and mounding also serves to slow motorists when entering a roundabout. At the request of Councillor Lorentz, Mr. van de Keere agreed to have the Project Manager provide additional information to him regarding the length of time and challenges experienced in respect to completion of the resurfacing of Westmount Road, from Block Line Road to Ottawa Street South. Councillor K. Galloway inquired as to the timing for installation of street lighting on Fischer-Hallman Road, between Bleams and Huron Roads. Mr. Gallivan advised that the section referred to is planned for widening to four lanes in 2013, at which time installation of street lighting would be more appropriate as they would be installed in their ultimate location. Councillor Galloway also encouraged that widening of Fischer-Hallman Road, between Ottawa Street South and Activa Avenue be completed sooner than 2009 if possible, to alleviate traffic congestion in the area. At the request of Councillor B. Vrbanovic, Mr. Gallivan agreed to provide additional information to him as to the status of discussions concerning installation of the pedestrian refuge island on Lackner Boulevard at Banbury Street, for students crossing over to Grand River Collegiate. At the request of Councillor C. Weylie, Mr. van de Keere agreed to confirm with her as to the timing for intersection improvements at Queen Street and Highland Road. COUNCIL MINUTES NOVEMBER 26, 2007 - 296 - CITY OF KITCHENER Councillor J. Gazzola inquired as to the status of participation in transit pass programs by Conestoga College. Ms. Sawicki pointed out that the College has expressed an interest in the past and agreed to provide additional information to him in respect to the status of discussions. In response to Mayor C. Zehr, Mr. van de Keere advised that key road markings must be completed on Ira Needles Boulevard prior to opening the roadway and weather dependent, should be re-opened later this week or next. Council considered this date Chief Administrator's Office report CAO-07-058 (S. Adams), dated November 19, 2007, concerning the 2007-2008 Workplan of Compass Kitchener. Ms. S. Adams, Director of Community and Corporate Planning, together with Ms. Sarah Marsh and Mr. Theron Kramer, Compass Kitchener, provided an overview of the Performance Indicators Group activities, created to address recommendations set out in `A Plan for a Healthy Kitchener' (P4HK). The objective was to create a metric and / or narrative for every recommendation with the end result to be a comprehensive report card on the community vision for Kitchener; ie. annual and term-by- term progress reports. Creation of a healthy community lens through which Council considers major issues and decisions is a further priority and includes sets of high-level questions concerning strategy priorities where there is no absolute answer expected. The tool is intended to invoke deeper analyses and robust discussion that will end in fully informed decisions, and will be incorporated into business planning processes across the corporation. A review of Advisory Committee's is planned for completion in June 2008 to address issues concerning alignment of Advisory Committees to support the community's priorities; recruitment and appointment process; structure, mandate and representation; term of appointment; and other pertinent issues arising during the review process. The delegation requested endorsement of these three initiatives as outlined in report CAO-07-058. Councillor J. Gazzola requested clarification of the definition of diverse backgrounds in respect to hiring practices. Ms. T. Turner, Manager of Employee Strategies, advised that the City aspires to an all-inclusive approach in hiring and retention practices, seeking suitable candidates whose diverse backgrounds may include: race, culture, ethnicity; religion; gender; sexual orientation; age; marital status; disability; and social economic differences. She added that staff is committed to hiring the best possible candidate for each position. Councillor Gazzola raised concerns with regard to using narratives as opposed to definite measurements, suggesting the former is more subjective than objective. Ms. Marsh stated that in looking for the right metrics, there was realization that hard facts do not always tell the whole story and require narratives to support the statistics. Ms. Adams agreed to clarify in the staff report that narratives are used in conjunction with metrics to provide clearer understanding. Mayor C. Zehr commented that since establishing Compass Kitchener in 1988 under much skepticism, the group has assisted in a number of initiatives that have helped the community, as well as the City to see how it fits into the community vision and thanked them for their efforts. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That Chief Administrator's Office report CAO-07-058, Compass Kitchener 2007-08 Workplan Update, be received; and, That the metrics and process put forward by Compass Kitchener to facilitate annual and term- by-term reporting to citizens regarding progress on strategic priorities be endorsed; and, That the Healthy Community Decision-Making Lens be endorsed and staff work with Compass Kitchener and City staff on a staged implementation process; and further, That the Advisory Committee of Council Review -Terms of Reference be endorsed." Carried Unanimously. Ms. T. Turner, Manager of Employee Strategies and Chair of the Diversity in the Workplace Committee, announced an award given to the City by the Waterloo Region Immigrant Employment Network for leadership in the practice of recruiting, hiring and retaining skilled immigrant professionals. Mayor C. Zehr accepted the award on behalf of the City. COUNCIL MINUTES NOVEMBER 26, 2007 - 297 - CITY OF KITCHENER Councillor C. Weylie and Ms. C. Ladd, Chief Administrator, presented Mayor C. Zehr with a 10-year service pin in recognition of his service to the community as Mayor of Kitchener. Councillor Weylie acknowledged his dedication and successful leadership, particularly as it relates to establishing the Economic Development Investment Fund which has resulted in partnerships with area Universities and continues to spur private sector interest in revitalization of the Downtown core. Ms. Ladd extended appreciation for his vision and leadership, as well as his ability to create an environment in which staff feel valued. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Expression of Interest E07-087, Consultant Services -Implementation and Registration of ISO 14001 Environmental Management System, be awarded to Barry M. Mooney Management Consultant, Mississauga, Ontario at his estimated fee of $37,100., including G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Director of Purchasing be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Mr. Mario Ferenga, Classy Auto Service, attended in support of Clause 3 of the Development and Technical Services Committee report concerning proposed rezoning of the service station site at 160 Ottawa Street North. Mr. Ferenga pointed out, however, that when he initially submitted a zone change application he was advised that it was considered minor in nature and the fee would be $2,265. Following the Development and Technical Services Committee meeting, he was advised by staff that the application would now be considered major and he would be required to pay a fee of $4,600. He stated that he did not understand the change in status of the application and asked that the fee not be increased. Councillor J. Smola pointed out that as a result of the Committee's discussions, it was determined that an Official Plan Amendment (OPA) was not required and that process was waived. He noted that the impact of that decision appears to have changed the status of the zone change application to `major'. Ms. C. Ladd advised that to the best of her knowledge, when a zone change is combined with an OPA only one notice is required, the cost of which is built into the combined application fee. This zone change is now being considered without an OPA but will still require notice to be given and the change in status is likely to ensure that those costs will be covered. A motion by Councillor J. Smola, seconded by Councillor G. Lorentz, was brought forward for consideration to amend Clause 3 of the Development and Technical Services Committee report by adding an additional paragraph to provide that the zone change be classified as `minor' as it relates to the fee. Councillor Smola's motion to amend Clause 3 of the Development and Technical Services Committee report was then voted on and Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 3 of the Development and Technical Services Committee report of this date, as amended, be adopted." Carried. Council considered Development and Technical Services Department report DTS-07-189 (J. Weber), dated November 22, 2007, requesting an amendment to Clause 7 (Emergency Service Policy) of the COUNCIL MINUTES NOVEMBER 26, 2007 - 29$ - CITY OF KITCHENER Development and Technical Services Committee report, to further defer the matter to January 14, 2008 to allow discussions with all interested parties. Mr. J. Weber, Deputy Fire Chief, was in attendance to support the request for a further deferral. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 7 of the Development and Technical Services Committee report of this date, as amended to further defer the matter to the January 14, 2008 Council meeting to allow discussions with all interested parties, be adopted." Carried. Mr. Zyg Janecki, resident, attended in opposition to Clause 1 of the Development and Technical Services Committee report, concerning a proposed parking prohibition on Lakeside Drive. Mr. Janecki advised that he owns a home on Lakeside Drive and had responded with his concerns to the original notice advising of a request to prohibit parking in front of three adjacent homes. He stated that in his opinion there was no problem with on-street parking and requested that the prohibition not be supported. He added that he and several neighbours he had spoken to this date, had not received notice of the matter going forward to the Development and Technical Services Committee or Council this evening, and it had been only by chance that he became aware of Council's consideration this date. He pointed out that the property at 217 Lakeside Drive is located in the centre of a curve in the roadway and was parking two mini vans on the street to allow their children to play in the driveway. He stated that since learning of the request for the prohibition they have been parking their vehicles in the driveway and it no longer appears to be an issue. He commented that in his opinion the parked vehicles on the street actually have benefit in that, they serve to slow traffic down coming around the curve. Councillor J. Gazzola inquired if the delegation would have any concern if the matter was deferred to allow an opportunity for all interested parties to further discuss the issue. Mr. Janecki indicated that he would not have any concern with deferring this matter. Councillor G. Lorentz advised that he would support deferral of the matter and suggested that a second circulation be done. Moved by Councillor G. Lorentz Seconded by Councillor J. Gazzola "That Clause 1 of the Development and Technical Services Committee report of this date, as amended to defer the matter pending a second circulation to area residents, be adopted." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Voted on Clause by Clause. Clauses 1, 3 & 7 -Dealt with under Delegations and Carried, as Amended. Clause 4 -Carried Unanimously, on a recorded vote. 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 MINUTES NOVEMBER 26, 2007 - 299 - CITY OF KITCHENER In respect to Clause 6 of the report, dealing with adoption of standards for customer service, Councillor J. Gazzola enquired if the protocol related to use of blackberries during meetings, would apply to members of Council Mr. Michael May, Director of Communications /Marketing, advised that the protocol was written to apply only to staff. At the request of Councillor J. Gazzola, it was agreed that staff would report to a future Finance and Corporate Services Committee meeting as to the feasibility of applying a protocol for use of blackberries during meetings to members of Council. In regard to Clause 2 of the report, concerning the Consolidated Maintenance Facility Review, Councillor J. Gazzola advised that he did not agree with the site selected and preferred the site at Ardelt Place, together with retainment of the Elmsdale site. He noted that these sites were included in the 2004 Business Case and questioned as to why they were not considered as an option in this review. Mr. H. Gross advised that different parameters were used in the 2004 Business Case, noting that at that time a smaller site area was estimated than that resulting from the subsequent Stantec report. The Stantec report set the standards for site area and building size, based on intensive consultation with staff as to future growth and service needs. He advised that the Ardelt and Elmsdale locations were determined not to be appropriate in regard to size and functionality. Councillor Gazzola referred to the substantial difference in site area requirements from the original estimates, stating that he could not understand why the Ardelt location was discarded when it is in the centre of the City. Councillor Gazzola questioned the need to provide approximately 500 parking spaces, based on a 30-40 year horizon and inquired if there was potential to reduce that number. Mr. Gross advised that within the 30-40 year horizon the number of staff is projected to increase to 576 and it was difficult to envision introduction of mass transit in respect to any of the site options. He added that as the project progresses through site design, parking needs could be looked at again but pointed out that the projections are based on a detailed review. Councillor Gazzola questioned the need for such a large heated enclosure for vehicles. Mr. Gross advised that the enclosure is for office, garage and vehicle needs, the parameters of which have been developed through an extensive review process conducted by Stantec. He noted that substantial discussion was undertaken as to whether the needs are real or not and a lot of time was spent on developing those standards and requirements. Councillor Gazzola suggested that the divergence between the preferred site and all others seemed too good to be true and requested clarification of the difference in costs between building new and renovating. Mr. Gross explained that the City is receiving a clean shell that does not require major renovation whereas building new requires all components of a construction nature. Mr. Gross added that the cost estimate was prepared by a Toronto firm specializing in the field. Councillor Gazzola raised concerns with the mileage distances, noting that four of the six destination sites used in the Business Case are closer to Ardelt and the fifth almost equal distance. He suggested that the mileage difference for the preferred site is substantial in respect to servicing the community, noting that it is in the south end whereas Ardelt is centrally located. He questioned why there would not be a larger operating cost in respect to transportation costs for the preferred site. Mr. Gross stated that this was the most difficult parameter to address; however, he pointed out that a substantial number of assumptions were used as the basis for the calculations, together with extensive staff consultation on typical response scenarios. The six locations are the same used in the 2004 Business Case and simulate reasonable travel locations from any one of the site options; however, in the latest review, calculations took into consideration such things as larger vehicles and staff time, to simulate reality as best as possible. Councillor Gazzola referred to the metrics chart, applying a point system to each site option and questioned statements made in regard to public acceptance, suggesting that the preference is primarily based on staff input. At the request of Councillor Gazzola, Mr. Mitch Faskin, Regional Developer for South Kitchener Holdings, explained the relationship of South Kitchener Holdings to TC Mid-Atlantic Development Inc. South Kitchener Holdings is the company listed on the Agreement of Purchase and Sale which is a subsidiary of the Dallas-based real estate company, Trammell Crow Co., and a private Texas equity firm, who under contract from TC Mid-Atlantic has been assigned to the sale of the property. Mr. Faskin further advised that there is no corporate relationship between the parties to the CMF project and either of the Kaufman Lofts or Centre Block projects. COUNCIL MINUTES NOVEMBER 26, 2007 - 300 - CITY OF KITCHENER At the request of Mr. H. Gross, it was agreed to amend Clause 2 of the Finance and Corporate Services Committee report by deleting reference to TC Mid-Atlantic Development Inc. in the fourth paragraph and replacing it with the phrase `the property owner of 131 Goodrich Drive'. Councillor J. Gazzola questioned the feasibility of changing the zoning of the Elmsdale property to achieve a higher selling price. Mr. Gross advised that Coldwell Banker has undertaken an evaluation and it has been determined that in this location a commercial (C8) zoning is appropriate and compatible with adjacent land uses in the area. He added that the property is being sold subject to a re-zoning, with the potential buyer to submit the zone change for Council's consideration and approval. Mr. Gross spoke to the purchase price, advising that the developer bought the property at a cost of approximately $24.2M and the City is purchasing approximately 45 acres and existing buildings, representing approximately 45% of the property, at approximately $20.2M. Councillor B. Vrbanovic inquired as to the price difference between the preferred site and the Ardelt location. Mr. Gross advised that the total project estimate for the Goodrich site is between $46.1 - $48.7M and for the two-site model on Ardelt the range is between $80.1 - $86.6M; a difference of approximately $34 - $37.9M. Councillor Vrbanovic requested clarification in respect to the membership of the Project Steering Committee for Phases 1 and 2. Mr. Gross advised that Councillors J. Gazzola, J. Smola and C. Weylie were members of the Steering Committee during Phase 1 and no members of Council were on the Steering Committee for Phase 2. Ms. Ladd added that this project has been ongoing since identified in 2002. Councillor Vrbanovic spoke to the differences in distances between the Ardelt site and the preferred site, noting that the price difference of approximately $34M far outweighs the additional operating costs of the preferred site due to distance. On motion by Councillor B. Vrbanovic, seconded by Councillor J. Gazzola, Clause 2 of the report was further amended to add an additional paragraph to provide that the CMF project upset budget limit be set at a range of $46.1 - $48.2M. On motion by Councillor B. Vrbanovic, seconded by Councillor J. Smola, Clause 2 of the report, as amended, was then brought forward for consideration to approve the preferred site for the CMF project and proceed with completion of the Municipal Class Environmental Assessment process. Councillor Vrbanovic commented that the existing facilities have aged and were built for a smaller community. It was his opinion replacement was long overdue and that the City was fortunate to obtain the Goodrich site with its existing buildings. He added that the Business Case presented is the most thorough he had seen. Councillor G. Lorentz agreed that the City has responsibility to provide safe, clean working conditions for its employees and supported the one-site model at Goodrich Drive as it is the most cost effective and provides flexibility to achieve economies of scale in locating all maintenance operations at one location. Councillor J. Gazzola stated that while he did not question the need for replacement of facilities, he could not support the preferred site as he had doubts as to the validity of the projected costs. He pointed out that while he was a member of the Project Steering Committee for the first phase, he was able to attend only one meeting. At that meeting, the Ardelt site was the only item for discussion and was discussed in terms of how the City might purchase the property at a reasonable price. It was his understanding at that time this was the direction the project was heading in. He stated that purchasing the Ardelt site made sense to him and he was disappointed in the process leading to acquisition of the Goodrich site. He stated a preference to have the City as a partner in the transaction as opposed to buying from a `middle' company and he did not agree with the purchase price at $20M for under half of the property. He noted that in 2006 the estimated project cost was $34.6M which has now risen to $48.2M and expressed the opinion the project should be sent back for further review. Councillor B. Vrbanovic commented that in respect to the City partnering in the original transaction, it was his opinion the developer was paying a fair share as they were assuming all risks associated with COUNCIL MINUTES NOVEMBER 26, 2007 - 301 - CITY OF KITCHENER environmental remediation of the site and the City was not in the development business. He expressed the opinion that the City was purchasing the site at a reasonable price in light of the overall package. Mayor C. Zehr expressed the opinion that it was prudent to have the private sector deal with the transaction for the property given the risks associated with environmental remediation and suggested that on a comparative basis, the City was receiving good value. He agreed that this has been the most thorough Business Case completed which has given him assurances that a good decision is being made. He suggested that to anyone having visited the existing facilities, it should be clear that renewed facilities are needed and that the comprehensive review has demonstrated that the Goodrich site is favourable in all categories, save one, which is to be addressed through planned improvements to the transportation network. It was his opinion that the cost analysis and capping of the project budget gives assurance that project estimates are correct and they are the lowest of all other options. Mayor Zehr stated that for those in favour of proceeding it should be clear that the only logical option is the Goodrich Drive site. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That Clause 2 of the Finance and Corporate Services Committee report of this date, as amended, be adopted." 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. Councillor J. Gazzola spoke in opposition to Clause 3 of the Finance and Corporate Services Committee report, dealing with retainment of the University of Waterloo to conduct athree-day project management training session for City staff. Councillor Gazzola raised concerns with waiving the selection process, expressing the opinion it should be completed to ensure fairness. He suggested that given the University of Waterloo is familiar with the City's operations and has done satisfactory work in the past, it is likely they would come in at the low end bid at any rate. Councillor B. Vrbanovic noted that the training program offered is copyright to the University and no other company could offer the exact same program. He suggested it would make it difficult to compare to any other program that may be offered by another company and noted that staff have taken the initiative to save substantial dollars in retaining the University of Waterloo. Mayor C. Zehr pointed out that the staff report advised of one other known company having a similar program that is offered at a much higher cost. Councillor K. Galloway spoke in respect to Clause 7 of the report, dealing with a request for the Government of Canada to amend the Firearms Act to regulate use of various types of air rifles and to amend the City's Gun By-law to prohibit pellet guns not in a locked case on public lands. She questioned if a gun could be considered as being in a locked case if it was placed in a locked trunk of a motor vehicle. Ms. L. MacDonald pointed out that a draft by-law was before Council for consideration this date but did not contain provision in respect to transportation in a locked trunk. Councillor B. Vrbanovic advised that he had intended that staff bring a report and draft by-law back to a future Finance and Corporate Services Committee meeting to allow discussion and public comment, and was not prepared to consider a draft by-law this date. He asked that staff also consider including in the draft by-law other types of guns, as referred to in the request to the Government of Canada, rather than just pellet guns. Councillor G. Lorentz questioned the need for Clause 8 of the report, requesting the Region of Waterloo to consider extending their Yard Waste Program, as it was to end November 30 and winter COUNCIL MINUTES NOVEMBER 26, 2007 - 302 - CITY OF KITCHENER conditions have now set in. It was noted that the request for consideration to extend the contract relates to years in which leaf drop is delayed by weather conditions. Ms. A. Pappert advised that City staff have had discussions with Regional staff but do not anticipate any immediate change as the current contract does not expire until 2009. The Finance and Corporate Services Committee report was then voted on Clause by Clause. Clause 2 -Carried, as Amended, on a recorded vote. Clauses 3 & 6 -Carried. Clause 4 -Carried Unanimously, on a recorded vote. Clause 7 -Voted on in 2 separate parts: Paragraphs 1, 2 & 3 -Carried Unanimously, on a recorded vote. Paragraph 4: Carried on a recorded vote. In Favour: Mayor C. Zehr and Councillors J. Smola, K. Galloway, B. Vrbanovic and C. Weylie Contra: Councillors J. Gazzola and G. Lorentz Motion Carried. Balance of report -Carried. Councillor B. Vrbanovic referred to a report of the Federation of Canadian Municipalities entitled `Danger Ahead -Collapse of Municipal Infrastructure', circulated earlier by staff, which provides information on current and projected infrastructure deficits ranging in the billions of dollars, and encouraged members of Council to read the report. He noted that a report from staff will be coming forward to the December 10 special Finance and Corporate Services Committee Capital Budget review meeting which will aid in better understanding Kitchener's situation. At the request of Councillor B. Vrbanovic, Ms. P. Houston agreed to report to the December 3 Finance and Corporate Services Committee meeting on actions that could be taken in regard to payment-in-lieu of taxation of `heads and beds' properties under Section 323 of the Municipal Act. Councillor J. Gazzola expressed disappointment at not being appointed as a Council representative to the Kitchener Wilmot Hydro Board of Directors during the appointment meeting held earlier this date. He added that he had asked for changes in the appointment process to improve transparency which has not been done. He advised that he was asking for a policy to be developed within the next six months and failing that, he would bring forward a motion to request that honorariums be removed from all committees and / or boards on which members of Council sit. Mayor C. Zehr advised that a report will be coming forward from the Region of Waterloo at a point in future in regard to consideration of increasing the size of Regional Council. He pointed out that a decision in this regard would require an amendment to the Regional Municipality of Waterloo Act and would be subject to a triple majority vote. 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: (a) To further amend By-law 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. COUNCIL MINUTES NOVEMBER 26, 2007 - 303 - CITY OF KITCHENER (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 exempt certain lots from Part Lot Control -Part of Block 20, Registered Plan 58M-15 -Activa Avenue. (e) Being a by-law to exempt certain lots from Part Lot Control -Part of Blocks 22, 23 and 24, Registered Plan 58M-1 -Highbrook Street. (f) Being a by-law to exempt certain lots from Part Lot Control -Part of Blocks 17 and 19, Registered Plan 1822 -Orchid Crescent. (g) Being a by-law to exempt certain lots from Part Lot Control -Lot 10, Registered Plan 58M- 1 -Highbrook Court. (h) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 3, Registered Plan 58M-15 -Activa Avenue. (i) Being a by-law to amend Chapter 375 of the City of Kitchener Municipal Code with respect to Tariff of Fees -Committee of Adjustment. (j) Being a by-law to amend Chapter 380 of the City of Kitchener Municipal Code with respect to Tariff of Fees -Planning Matters. (k) Being a by-law to amend Chapter 501 of the City of Kitchener Municipal Code with respect to Business Licence Fees. (I) Being a by-law to amend Chapter 710 of the City of Kitchener Municipal Code with respect to Building Permits and Fees. (m) To confirm all actions and proceedings of the Council. (n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 970722 Ontario Inc. / T.A.L.M. Holdings Inc. - Bleams Road) and that the same be taken as read a first time and stand referred to the Committee of the Whol e." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor K. Galloway as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor K. Galloway Seconded by Councillor J. Smola "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the by-laws listed on the agenda for third reading, namely: COUNCIL MINUTES NOVEMBER 26, 2007 - 304 - 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. 2007-209) (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. 2007-210) (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. 2007-211) (d) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 20, Registered Plan 58M-15 -Activa Avenue. tBy-law No. 2007-212) (e) Being a by-law to exempt certain lots from Part Lot Control -Part of Blocks 22, 23 and 24, Registered Plan 58M-1 -Highbrook Street. tBy-law No. 2007-213) (f) Being a by-law to exempt certain lots from Part Lot Control -Part of Blocks 17 and 19, Registered Plan 1822 -Orchid Crescent. tBy-law No. 2007-214) (g) Being a by-law to exempt certain lots from Part Lot Control -Lot 10, Registered Plan 58M- 1 -Highbrook Court. tBy-law No. 2007-215) (h) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 3, Registered Plan 58M-15 -Activa Avenue. tBy-law No. 2007-216) (i) Being a by-law to amend Chapter 375 of the City of Kitchener Municipal Code with respect to Tariff of Fees -Committee of Adjustment. tBy-law No. 2007-217) (j) Being a by-law to amend Chapter 380 of the City of Kitchener Municipal Code with respect to Tariff of Fees -Planning Matters. tBy-law No. 2007-218) (k) Being a by-law to amend Chapter 501 of the City of Kitchener Municipal Code with respect to Business Licence Fees. tBy-law No. 2007-219) (I) Being a by-law to amend Chapter 710 of the City of Kitchener Municipal Code with respect to Building Permits and Fees. tBy-law No. 2007-220) (m) To confirm all actions and proceedings of the Council. tBy-law No. 2007-221) COUNCIL MINUTES NOVEMBER 26, 2007 - 305 - CITY OF KITCHENER (n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 970722 Ontario Inc. / T.A.L.M. Holdings Inc. - Bleams Road) tBy-law No. 2007-222) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned at 10:00 p.m. Carried. MAYOR CLERK COUNCIL MINUTES NOVEMBER 26, 2007 - 306 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That the following recommendation contained in Development and Technical Services Department report DTS-07-175 (On-Street Parking -Lakeside Drive) be deferred pending a second circulation to area residents: `That on-street parking be prohibited at anytime on the south side of Lakeside Drive from a point 69 metres east of Broadleaf Place to a point 53 metres east/south thereof; and further, That the Uniform Traffic By-law be amended accordingly.' (Dealt with under Delegations and Carried, as Amended) 2. That a School Bus Loading Zone be established on the south side of Country Hills Drive from a point 210 metres east of Old Country Drive to a point 39 metres east thereof; and further, That the Uniform Traffic By-law be amended accordingly. 3. That based on the interpretation that the service station site at 160 Ottawa Street North has not been abandoned, an Official Plan amendment not be required prior to processing the zone change application submitted on behalf of Classy Auto Service; and, That the zone change application, submitted on behalf of Classy Auto Service, to change the zoning at 160 Ottawa Street North to permit the use of this property for motor vehicle repair and sales and convenience retail as an accessory use to motor vehicle repair, be circulated; and further, That the zone change application, submitted on behalf of Classy Auto Service, be classified as `minor' only as it relates to the fee. (Dealt with under Delegations and Carried, as Amended) 4. That the City of Kitchener endorse the development of a greater vision for the Civic District, based on the findings of the visioning exercise, that is focussed on enhanced arts, cultural, educational and related uses within the Civic District, to be presented to Council for approval at a later date; and further, That staff be directed (Chief Administrator's Office, Development and Technical Services, and Community Services) to work with the Civic District Visioning Team to develop: a) a comprehensive plan; b) partnerships including neighbourhood associations, Region of Waterloo, Province of Ontario, Government of Canada, major educational institutions, private sector, and others who have an interest and potential role that is consistent with the greater vision; and, c) a proposed model for the implementation of the comprehensive plan. (Carried Unanimously, on a recorded vote) 5. That Zone Change Application ZC07/05/D/JB (58 Daniel Ave, M&L Kovacevic) for the purpose of changing the zoning from Residential Three Zone (R-3) to Residential Three Zone (R-3) with Holding Provision 18[Hj to prevent any new development until necessary transportation improvements have been completed in the Bridgeport area, be approved in the form shown in the "Proposed By-law" attached to Development & Technical Services Department report DTS-07- 183, dated November 13, 2007, without conditions. 6. That Zone Change Application ZC07/20/2/BS for the lands legally described as Part of Lots 130 to 132, German Company Tract and municipally known as 1904, 2044, 2060, 2062 and 2066 Bleams Road as outlined in Development and Technical Services Department Report DTS-07- 174, be approved without conditions in the form shown in the Proposed By-law dated October 26th, 2007 attached to said report. COUNCIL MINUTES NOVEMBER 26, 2007 - 307 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 7. That consideration of the following recommendation respecting an Emergency Service Policy be deferred and referred to the Council meeting of January 14, 2008, to allow staff an opportunity to discuss this proposed policy with the development industry and the Cities of Cambridge and Waterloo: `That Council Policy I-1035 (Emergency Access and Multiple Unit Identification Signs) be repealed and replaced with the Emergency Service Policy attached to Development & Technical Services Department report DTS-07-141.' (Dealt with under Delegations and Carried, as Amended) FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That a 2008 annual operating grant in the amount of $84,465 to the Social Planning Council of Kitchener-Waterloo be approved; and further, That a funding formula for co-funded service organizations be discussed within the context of the Community Investment Strategy and that any changes approved through the Community Investment Strategy be implemented for the 2009 grant process. 2. That the Consolidated Maintenance Facility (CMF) Review -Part 2 completed by IBI Group (Project No. 15290), dated November 2, 2007 be received; and, That the CMF Review reports completed by Stantec Consulting Ltd. (dated May 9, 2007) and by IBI Group (dated November 2 , 2007), be filed fora 30 day review period in accordance with the requirements of the Municipal Class Environment Assessment process; and, That a Consolidated Maintenance Facility be approved as a one-site model on approximately 45 acres of privately owned redeveloped property at 131 Goodrich Drive, Kitchener, as recommended in the IBI Group report; and, That the Mayor and Clerk be authorized to execute an Agreement of Purchase and Sale with the property owner of 131 Goodrich Drive to purchase land and buildings at 131 Goodrich Drive, Kitchener, said Agreement to be satisfactory to the City Solicitor; and, That the design stage of the CMF project proceed, subject to the completion of the Municipal Class Environmental Assessment process, and as part of the design stage, staff be directed to pursue LEED certification to a level that is feasible within the project budget; and further, That an upset budget limit for the CMF project be set at a range of $46.1 M to $48.2M. (Carried, as Amended, on a recorded vote) 3. That the University of Waterloo be retained to provide a 3-day Project Management Training Program for 60 staff in the amount of $46,210 plus GST; and further, That the process for the selection of consultants and professional services be waived. 4. That the draft Accountability and Transparency policy, dated November 19, 2007, attached to Corporate Services Department report CRPS-07-139 be tabled for discussion and to allow for public comment and input, as amended to change the wording of the second paragraph of Schedule `A' to reflect that the Internet is one option among other methods currently used to provide information to the public; and, That the final draft Accountability and Transparency policy be presented to the Finance and Corporate Services Committee meeting to be held December 3, 2007; and, COUNCIL MINUTES NOVEMBER 26, 2007 - 30$ - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 4. (Cont'd) That the Local Authority Services Ltd. (LAS), a wholly owned subsidiary of the Association of Municipalities of Ontario, be retained as the Investigator to investigate all requests received by the City pursuant to Section 239.1 of the Municipal Act, as amended; and further, That the Mayor and Clerk be authorized to sign an agreement with LAS subject to the satisfaction of the City Solicitor. (Carried Unanimously, on a recorded vote) 5. That the Mayor and Clerk be authorized to execute an amendment satisfactory to the City Solicitor to the City's contract with Oracle Corporation Canada Inc. allowing the existing software to be used for an increased number of employees and continuing present support and maintenance levels on that new portion of the software licence for a one time licence amount of $29,780. plus taxes. and an increase in present support and maintenance amounts of $6,551.60 plus taxes per annum. 6. That the standards for customer service, as outlined in the Citizen Service Guide attached to Chief Administrator's Office report CAO-07-053, dated November 5, 2007, be endorsed. 7. WHEREAS air guns and other barrelled weapons designed to have a muzzle velocity of 152.4 meters per second or less and/or a muzzle energy of 5.7 joules or less are exempt from licensing, registration and other requirements within the Firearms Act; and, WHEREAS there have been several serious incidents in our community over the past number of years, and as recently as November 2, 2007, where air rifles have been used intentionally to inflict personal injury; THEREFORE BE IT RESOLVED that in the interests of public safety and security The Corporation of the City of Kitchener requests the Government of Canada to amend the Firearms Act to include the licensing of pellet guns, air rifles, paint ball guns/markers and any other similar devices that are currently exempted from the Act; and further, That staff be directed to bring forward for Council's consideration a by-law to amend Chapter 745 (Guns) of the City's Municipal Code to provide for banning the possession of any pellet gun not in a locked case on all public land within the municipality. (Carried, on a recorded vote) 8. That the Region of Waterloo be asked to consider extending the Region's Yard Waste Program beyond the November 30 deadline in years where leaf drop is delayed by weather conditions, to accommodate continuance of leaf collection activity that if left unaddressed may pose a hazard on roadways. COUNCIL MINUTES NOVEMBER 26, 2007 - 309 - 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. Tender Dealt with under Delegations. 2. Encroachment Agreement -114 Breithaupt Street Council considered Corporate Services Department report CRPS-07-143 (J. Sheryer), dated November 21, 2007. Ms. L. MacDonald, Director of Legal Services & City Solicitor, advised that the building face is in close proximity to the road such that it is not possible for the owner to reconstruct the stairs without encroaching onto the road allowance. She stated that staff having reviewed the request have no concerns and are recommending an encroachment agreement be entered into. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner(s) of Part Lot 153, Registered Plan 376 (PIN 22319-0154 LT), municipally known as 114 Breithaupt St., to legalize the encroachment of stairs which will extend 2' 7", more or less, onto the Breithaupt St. road allowance." 3. Committee of Adjustment Decision Council considered minutes and other background information from D. Gilchrist, Secretary-Treasurer, Committee of Adjustment, regarding a meeting held November 20, 2007. It was resolved: "That the application of Kitchener-Waterloo Counselling Services Incorporated (Submission No. SG 2007-013 - 480 Charles Street East) requesting permission to add an automatic changing copy sign panel, having the width of 0.939m (3.088') and a height of 0.5m (1.67'), to the existing pylon sign on the King Street frontage of the property, located 75m (246.06') from the closest residential zone rather than the required 150m (492.12'), on Part Lot 25, Plan 404, 480 Charles Street East, Kitchener, Ontario, BE APPROVED." 4. Federation of Canadian Municipalities (FCM) Partnership Program -Kumasi, Ghana Council considered Chief Administrator's Office report CAO-07-060 (C. Ladd), dated November 22, 2207. It was resolved: "That the development of a formal partnership between the City of Kitchener and the Kumasi Metropolitan Assembly, Ghana be approved, to commence in January 2008 and continue until 2010; it being understood that the details of the partnership shall be outlined in a formal Protocol Agreement to be submitted to, and approved by, Council."