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HomeMy WebLinkAboutCouncil - 2008-03-17COUNCIL MINUTES MARCH 17, 200$ 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 the Sunnyside Senior Public School Grades 7 & 8 Choir. On motion by Councillor J. Smola, the minutes of the regular meeting held February 25, 2008 and special meetings held February 25 and March 3, 2008, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Ms. Janice Ouellette, Facilitator of Volunteer Resources & Community Engagement, provided an overview of Earth Day 2008 celebrations, highlighting planned events geared toward community spring cleaning and litter pickups. Two new events unveiled for 2008 include: the City's participation in Earth Hour, an initiative originally launched in Australia to raise awareness to climate change and encourages everyone to turn off their lights between the hour of 8:00 - 9:00 p.m. on March 29; and a Living Earth Festival encompassing various activities at City Hall and throughout the Downtown. 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 Expression of Interest E08-019 (Prequalification of General Contractors - Road and Streetscape Construction -King Street), listed as Item B.1 iii) on the Committee of the Whole agenda this date, has been withdrawn pending further consideration by staff. In regard to Tender T07-099 (Elevator Modernization -Duke and Ontario Parking Garage), Councillor B. Vrbanovic requested clarification of the emergency device option. Mr. Laurier Proulx, Director of Facilities Management, advised that the function of this feature is primarily to address any power failure and allows the elevator car to be raised or lowered to the next available landing to release trapped passengers. He noted that alternatively, astand-by power source could be installed but is more problematic and costly. He suggested that because this is a remote location it is important to have the proposed feature as it can take some time for the service contractor to arrive on site to address an emergency situation. He added that if not approved, a telephone would be installed in the elevator; any person trapped would use the telephone to contact the service contractor and await arrival of the contractor to be released from the elevator. Councillor Vrbanovic asked if statistics are available in respect to the number of breakdowns caused by power failure versus mechanical failure to determine if spending the extra amount is reasonable in terms of potential usage. Mr. Proulx advised that statistics were not readily available and suggested that the tender could be deferred to allow the information to be provided. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Gazzola "That awarding of Tender T07-099 (Elevator Modernization -Duke and Ontario Parking Garage) be deferred to the April 7, 200$ Council meeting, pending additional information from staff regarding statistical data on the number of elevator breakdowns caused by power failure versus mechanical failure." Carried. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Tender T07-050, Three (3) Triple Combination Fire Pumpers, be awarded to Metz Fire and Rescue, Guelph, representing Kovatch Mobile Equipment, Nesquehoning, PA at their adjusted tendered price of $1,510,639.65, including G.S.T." -and- "That Proposal P07-076, Emergency Service Providers, be awarded to Woodhouse, Division of Firstonsite Restoration L.P. By Its General Partner, Firstonsite G.P. Inc., Kitchener, Ontario, at their proposed unit prices." Carried. COUNCIL MINUTES MARCH 17, 200$ - 62 - CITY OF KITCHENER Mr. Jim Gruenbauer, Manager, Regulatory Affairs and Supply, attended in support of Item B.6 on the Committee of the Whole agenda this date, dealing with an amended agreement with participating natural gas utility members of the Eastern Canadian Mutual Assistance Plan (ECMAP). Mr. Gruenbauer advised that the agreement provides a process whereby ECMAP members can voluntarily call on natural gas supply from other members under emergency conditions to continue to provide service to essential customers. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That the Mayor and Clerk be authorized to sign an updated agreement, satisfactory to the City Solicitor, with the other participating natural gas utility members of the Eastern Canadian Mutual Assistance Plan (ECMAP)." Carried. Messrs. Syed Anwar and Nabeel Rana attended in regard to Clause 3 of the Community Services Committee report of this date, dealing with a grant request to assist with off-setting facility rental costs for the 28th World Religions Conference to be held in November, 2008. Council was in receipt this date of correspondence dated March 11, 2008 from the Ahmadiyya Movement in Islam, Conference organizers, appealing the decision of the Community Services Committee in respect to their grant request. The delegation advised that two proposed venues are being considered, the Centre in the Square and the Kitchener Memorial Auditorium, with rental fees ranging from $11,000. - $13,000. They asked that Council consider increasing the recommended grant from $1,000. to $5,000. to cover approximately half of the rental costs. It was noted that the City's Arts & Culture Advisory Committee had recommended the increased amount and it was the delegations' opinion that Council should adhere to their recommendation. It was also noted that the City of Waterloo has been requested to provide a $5,000. grant but has yet to make a decision. The delegation suggested that given the event incorporates participants area wide, the municipality should contribute to the facility rental. The delegation pointed out that eight faith groups participate together with other philosophical traditions and agencies, making this anon-secular as opposed to strictly a religious event; adding that while the grant is recommended on a one-time only basis, the event is held each year and it was their opinion it should be funded annually. The delegation suggested that Kitchener Council should make a decision independently expressing the opinion it would be unfair to base their decision on that of the City of Waterloo. They stated that if the increased amount was not approved a smaller venue would have to be considered but pointed out that the previous venue at the University of Waterloo is too small and the University has asked that the group seek other accommodations due to the growing number of participants. Mayor C. Zehr provided clarification of the role of Advisory Committees noting that in having regard to the Arts & Culture Advisory Committee's recommendation, the final decision still rests with Council. He added that while it may be desired of the event organizers, the City cannot feasibly be held responsible to fund facility rentals for all organized events. Councillor J. Gazzola stated that while the event has merit, he could not support approval of any grant funding as it was his opinion the event could achieve self-sustainability if all participating groups contributed financially. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That Clause 3 of the Community Services Committee report of this date be adopted." Carried. Ms. Maggie Hay, resident, spoke in opposition to the standard practice of providing corporate benefits to members of Council and in particular, raised the issue concerning free tickets to the Elton John concert. Ms. Hay suggested that Council had overstepped its power in this instance and questioned what other benefits they may be receiving that the general public is not aware of. She asked that the current policy be immediately reviewed and suggested that Mark Yantzi, Community Justice COUNCIL MINUTES MARCH 17, 200$ - 63 - CITY OF KITCHENER Initiatives, be contacted to provide a third party mediator to help resolve this issue in a manner that would best serve everyone. Mayor C. Zehr advised Ms. Hay that staff have already begun to review the policy and a report would come back to Council at a future date. Ms. Hay asked to be advised as to when Council would consider the matter. Mr. Bill Pegg, resident, agreed that the policy on corporate benefits should be reviewed by Council but suggested the matter pales in comparison to a recent decision of an arbitration board to implement retention pay for Kitchener firefighters. He commended Council for taking an opposing position to the issue of retention pay and expressed concerns that the arbitration board's decision may have farther reaching ramifications within municipal and other levels of government. He encouraged Kitchener Council to continue to oppose any further movement in regard to this matter. Mr. Paul McCormick, The Cora Group, attended in opposition to Clause 1 of the Heritage Kitchener report of this date, dealing with the potential heritage designation of 70 King Street East (former T-D Bank building). Mr. McCormick advised that the property owner is against designation of the building and believes it is unnecessary as there has been mutual co-operation between the owner and the City. The owner raises concerns with the potential for higher costs resulting in less opportunity for leasing the building and in achieving a reasonable rate of return on his investment. Mr. McCormick advised that the building has remained empty for the past 10 years, save and except donation of space for temporary use by the University of Waterloo. It was noted that the building has been kept in reasonably good condition but requires repairs to the roof and heating /cooling system; work that is suggested cannot be done without rental income to off-set costs. Mr. McCormick asked that a decision on designation not be made until such time as the owner can be provided with information as to the financial and timing implications as well as with a guarantee the designation will not increase costs or hamper future return on his investment. Mr. Leon Bensason, Heritage Planner, provided background information consisting of Development and Technical Services Department report DTS-08-039 (L. Bensason), dated March 4, 2008, as considered by Heritage Kitchener; and elevation drawings provided this date by the owner of 70 King Street East. Mr. Bensason advised that the original elevation drawings provided for alterations that would significantly impact the heritage attributes of the building and is why designation is being requested to allow Council an opportunity to consider the proposed alterations. He pointed out that without designation, the City has no legal authority over the alterations, adding that Heritage Kitchener supports designation. Mr. Bensason advised that meetings with the delegation continued following the Heritage Kitchener meeting and as a result, a revised elevation drawing was provided that appears to meet many of staff's recommendations. He stated that the revised drawings represent a significant improvement wherein the heritage attributes of the building have been left in tact and is acceptable to staff. Mr. Bensason asked that notwithstanding, Council still proceed with designation as it is the only method to retain legal authority over any future alterations. Mr. Bensason clarified that if Heritage Kitchener's recommendation is approved, it gives direction to the City Clerk to publish a Notice of Intention to Designate, following which the owner has 30 days to appeal to a Conservation Review Board. The Board's recommendation would be brought back for Council's consideration and an ultimate decision. If designation is approved, a by-law would then be adopted to formally enact the designation. Councillor B. Vrbanovic inquired if any discussion has been entered into with the delegation in respect to achieving an understanding of the designation process and in context with other examples of successful designations. Mr. Bensason advised that this situation only came to light 3-4 weeks prior and the focus thus far has been on addressing the proposed alterations; however, he stated that staff have made themselves available to answer any questions or concerns the delegation may have. He added that if designated, the property owner would be required to submit a Heritage Alterations Permit Application and if the revised elevation drawings are submitted with such application staff would recommend approval. It was further noted that any future alterations would require Council consent but does not impact the use of the building, only its demolition or alteration. Mr. Bensason also clarified that the designation as proposed affects only the exterior of the building and does not include any interior features. Mr. Bensason advised that the building is an example of New Modernism architecture, popular following the Second World War, and has been publicly renowned as an important example to be COUNCIL MINUTES MARCH 17, 200$ - 64 - CITY OF KITCHENER preserved for its architectural attributes. It is also considered one of the most important buildings of heritage significance within the Downtown. Mr. McCormick stated that the potential tenant is willing to work with the City on the alterations, as evidenced by the revised elevation drawings, but noted the tenant can only be asked to do so much before coming to a conclusion that it is no longer economically feasible. He noted that the owner is close to finalizing a lease arrangement that could be jeopardized if the building is designated. He stressed that information was provided to the City in advance because the property owner has a desire to work together toward an amenable solution. Councillor B. Vrbanovic inquired if the delegation had costed out the difference between the original elevation drawings and the revised drawings, commenting that it would appear the revised alterations would be far less costly. Mr. McCormick advised that a cost comparison had not yet been done, stressing that his client was primarily concerned with future financial implications of designation; citing an example of being in a position of having to incur potentially high costs to repair the exterior metal fins on the building face. Mr. Manfred Conrad, property owner, spoke of the difficulty over the past 10 years to find a suitable use for the building and cited an example in Toronto of a similar style building that was ultimately divided into three units for use by fast food services. He raised concerns with the impact designation would have on any future alterations and his ability to pursue alternatives should the proposed lease arrangement not proceed. Councillor Vrbanovic inquired if Mr. Conrad would be willing to enter into discussions with staff to come to an understanding of the designation process and to learn of other examples of designated buildings. Mr. Conrad stated that he wants to work with the City but suggested that in any event, he would require the City's approval for whatever is proposed to be done with the building. Councillor Vrbanovic inquired as to the impact of deferring designation to the next Council meeting to allow further discussions with the delegation. Mr. Bensason pointed out that in the interim of deferral there would be nothing to prevent the owner from applying for a building permit based on the original elevation drawings and if in order, the City must issue the permit within 20 days under regulation of the Building Code. He stressed that there would be no legal authority in this instance for the City to consider the alterations. He added that if a Notice of Designation is proceeded with it was his understanding that during the appeal process the property is protected as though it was designated. It was also noted that Council maintains the right to withdraw it's Intention to Designate at any time. Mr. Bensason advised that the property had not been previously designated as focus was on designation of Heritage Districts but is now shifting back to individual properties through review and prioritization of properties listed in the Heritage Registry. Mayor C. Zehr proposed that if the owner would commit this date to not proceed with the building permit application within the next 25 days and allow continued discussions with staff in respect to the designation process, it may then be amenable to defer consideration of the proposed designation to a subsequent Council meeting. Mr. Conrad stated that he would not go ahead unless the City was in agreement with his plans regardless of whether the property is designated or not. Mr. McCormick pointed out that it was the potential tenant who must apply for the building permit; however, he advised that the tenant is not at the point of readiness to submit an application and is unlikely to be in such position within the next 25 days. He added that they must approve the tenant's drawings and as such, are in a position to afford the time requested by the City. Councillor J. Gazzola stated that on that basis he would be prepared to support deferral of the designation to allow more time for discussion. He expressed the opinion, however, that this building should be designated given the importance placed on its heritage attributes and in wake of other heritage buildings previously lost to the City. Moved by Councillor J. Gazzola Seconded by Councillor B. Vrbanovic "That the Heritage Kitchener report of this date be adopted, as amended, to provide that the matter be deferred to the April 7, 2008 Council meeting, to allow further discussion between COUNCIL MINUTES MARCH 17, 200$ - 65 - CITY OF KITCHENER interested parties in respect to obtaining an understanding of the designation process under the Ontario Heritage Act." Carried Unanimously. Council considered this date a letter dated March 11, 2008 from Ms. Lesley Claire, resident, regarding her request for deferral of Item B.3 of the Committee of the Whole agenda, dealing with a decision of the Dog Designation Appeal Committee to rescind the Dangerous Dog designation assigned to a dog named `Keiko', owned by Evelyn and Sarah Jane Dick. Ms. Sarah Jane Dick, dog owner, attended in support of the recommendation of the Dog Designation Appeal Committee and to answer any questions. She advised that she was opposed to the request for deferral, asking that the request be denied and the matter proceed to consideration this date. Mr. R. Gosse advised that Ms. Claire was unable to attend the meeting this date for personal reasons and knowing the matter was scheduled for consideration had submitted a written request for deferral to allow her to attend at an alternate date to speak to this matter. Mayor C. Zehr requested clarification as to the relationship of Ms. Claire to this matter. It was noted that Ms. Claire is a next door neighbour, who is opposed to the decision of the Dog Designation Appeal Committee. It was also noted that the designation was applied by the Humane Society, that Ms. Claire was a witness for the Humane Society at the hearing, and that the cat involved in the incident was owned by Ms. Claire. Councillor G. Lorentz commented that during the hearing both parties to the incident had opportunity to state their case, following which the Committee's decision was unanimous and were of the opinion it was time to move on and allow the neighbourhood to heal. Ms. Fiona McCrea, Assistant City Solicitor, advised that Council has final jurisdiction of the matter with no further means of appeal once a decision is rendered. Moved by Councillor C. Weylie Seconded by Councillor K. Galloway "That consideration of the recommendation contained in Item B.3 of the Committee of the Whole agenda, dealing with a decision of the Dog Designation Appeal Committee in respect to a dog named `Keiko' owned by Evelyn and Sarah Jane Dick, be deferred to the April 28, 2008 Council meeting, to allow Ms. Lesley Claire to attend to speak to this matter as requested in her correspondence dated March 11, 2008; and further, That in accordance with Council's Procedural By-law, Ms. Claire be permitted a maximum of five minutes to address Council in respect to this matter." Motion Lost. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Evelyn and Sarah Jane Dick, wherein the Committee rescinds the Dangerous Dog Designation assigned to their dog `Keiko' by the Kitchener-Waterloo and North Waterloo Humane Society, be ratified and confirmed." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." At the request of staff, it was agreed to amend Clauses 1 and 3 of the report, dealing with planning matters associated with the Alder / Strasburg Creek Watershed Study, Upper Strasburg Creek Class Environmental Assessment Report and Southwest Kitchener Development Applications, by amending COUNCIL MINUTES MARCH 17, 200$ - 66 - CITY OF KITCHENER the deferral clause to provide that the matter be further deferred and referred to the March 31, 2008 Development and Technical Services Committee meeting to allow additional information to be provided relative to Area 2 of the study area concerning clarification of chloride application rates and the definition of gravel pits. A letter received this date from the GSP Group, dated March 12, 2008, concerning this matter was acknowledged and staff gave assurances that the company is included in the discussions. The Development and Technical Services Committee report was then voted on Clause by Clause. Clauses 1 & 3 -Carried, as Amended. Balance of report -Carried. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That the report of the Community Services Committee be adopted." Voted on Clause by Clause. Clause 3 - Dealt with under Delegations and Carried. Clause 5 -Voted on in four separate parts as follows: Paragraph 1 -Carried. Paragraph 2 -Carried. Paragraph 3 -Carried. Paragraph 4 -Carried. Motion Carried. 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." Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That Clause 9 of the Finance and Corporate Services Committee report of this date, dealing with implementation of green building design and construction standards, be amended bye changing the wording of the first paragraph to provide for a minimum standard of LEED T `Gold' for all new City built and owned facilities over 500 m2 gross floor area and a lower level of certification may be considered on an individual business case assessment basis." In support of his proposed amendment, Councillor B. Vrbanovic provided examples of other municipalities who have adopted a higher level standard as evidenced by discussions held at a recent Global Environmental Conference. He advised that leaders in the field stressed the importance of introducing high level standards as part of the process from the beginning to maximize cost benefits and suggested that this is an opportunity for the City to be on the leading edge by establishing a high level standard for its own buildings at the outset. The amending motion was then voted on and Carried. The Finance and Corporate Services Committee report was then voted on Clause by Clause. Clause 5 -Carried. Clause 9 -Carried, as Amended. COUNCIL MINUTES MARCH 17, 200$ - 67 - CITY OF KITCHENER Balance of report -Carried. Councillor G. Lorentz raised concerns with drainage problems on park lands adjacent to St. Paul School in the Forest Hill area. He advised that in speaking with staff he was of the understanding the work required would cost approximately $40,000. and the funding was available in the capital contingency. He stated that he would like to bring forward a motion to provide that this work be undertaken this year. Mr. R. Gosse advised that a motion to deal with this matter would require the giving of notice pursuant to Council's Procedural By-law; however, he pointed out that the procedures provide that Council may dispense with the giving of notice by a 2/3 majority vote. Mayor C. Zehr inquired as to the feasibility of staff's ability to undertake the work in 2008. Mr. J. Witmer, Director of Operations, advised that he had discussed the matter with staff and it was his understanding the intent was to take interim steps to mediate the problem in 2008 and undertake full rehabilitation in 2009. Mr. D. Chapman confirmed that funding could be made available from the capital contingency; however, he pointed out that it would limit available funding for other projects. Councillor J. Gazzola expressed the opinion that a report should be presented for consideration prior to a decision being made and Councillor G. Lorentz advised that he would have no concerns with taking that approach. At the request of Councillor G. Lorentz, it was agreed that staff be directed to report to the April 7, 2008 Council meeting outlining measures to be taken in respect to drainage problems on park lands adjacent to St. Paul School in the Forest Hill area. At the request of Councillor B. Vrbanovic, it was agreed that staff be directed to report to the May 5, 2008 Finance and Corporate Services Committee meeting outlining costs associated with this year's snow removal and road service repairs (pot holes) in respect to making any necessary adjustments to the 2008 capital works budget. Mayor C. Zehr disclosed a pecuniary interest in respect to the by-law listed as Items 10(e) and 13(e) on the Council agenda, as he owns property in the circulation area of the zone change and abstained from all discussion and voting. Acting Mayor K. Galloway assumed the chair during discussion and voting in respect to this by-law. Council agreed to the request of Mr. R. Gosse, City Clerk, to add one additional by-law for three readings this date, being a by-law to assume certain lands in the City of Kitchener as public highway. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "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. (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 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (e) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - JHS Properties Inc. -Pioneer Tower Road. (f) Being a by-law to authorize borrowing for current expenditures in 2008. COUNCIL MINUTES MARCH 17, 200$ - 6$ - CITY OF KITCHENER (g) Being a by-law to exempt certain lots from Part Lot Control -Lots 32 to 42 inclusive, Registered Plan 58M-451 -Gravel Ridge Trail. (h) Being a by-law to provide for the establishment and laying out of part of Isaiah Drive as a public highway in the City of Kitchener. (i) To confirm all actions and proceedings of the Council. (j) Being a by-law to assume certain lands within the City of Kitchener as a public highway. 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. Smola as Chair. Mayor C. Zehr previously disclosed a pecuniary interest in respect to the by-law listed as Items 10(e) and 13(e) on the Council agenda, as he owns property in the circulation area of the zone change and abstained from all discussion and voting. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor J. Smola 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 B. Vrbanovic Seconded by Councillor G. Lorentz "That the by-laws listed on the agenda for third reading, namely: (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. 2008-53) (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. 2008-54) (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. 2008-55) (d) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. tBy-law No. 2008-56) (e) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - JHS Properties Inc. -Pioneer Tower Road. tBy-law No. 2008-57) COUNCIL MINUTES MARCH 17, 200$ - 69 - CITY OF KITCHENER (f) Being a by-law to authorize borrowing for current expenditures in 2008. tBy-law No. 2008-58) (g) Being a by-law to exempt certain lots from Part Lot Control -Lots 32 to 42 inclusive, Registered Plan 58M-451 -Gravel Ridge Trail. tBy-law No. 2008-59) (h) Being a by-law to provide for the establishment and laying out of part of Isaiah Drive as a public highway in the City of Kitchener. (i) To confirm all actions and proceedings of the Council. tBy-law No. 2008-60) tBy-law No. 2008-61) (j) Being a by-law to assume certain lands within the City of Kitchener as a public highway. tBy-law No. 2008-62) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. Mayor C. Zehr previously disclosed a pecuniary interest in respect to the by-law listed as Items 10(e) and 13(e) on the Council agenda, as he owns property in the circulation area of the zone change and abstained from all discussion and voting. On motion, the meeting adjourned at 9:20 p.m. MAYOR CLERK COUNCIL MINUTES MARCH 17, 200$ - 70 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That consideration of the following recommendations, contained in Development and Technical Services Department report DTS-08-032 (Alder Strasburg Creek Watershed Study -Update on Upper Strasburg Creek Watershed Plan) and Development and technical Services Department report DTS-08-034 (Upper Strasburg Creek Class Environmental Assessment Report), be referred to the March 31, 2008 Development and Technical Services Committee meeting, to allow an opportunity for staff and the City's consultant CH2MHill to meet with the representatives of the affected property owners: (a) That the Alder Creek Watershed Study and Upper Strasburg Creek Watershed Plan Update, prepared By CH2MHill and North-South Environmental Inc., dated January, 2008 be received; and further; That the Alder Creek Strasburg Watershed Study and Upper Strasburg Creek Watershed Plan Update be adopted and approved in its entirety. (b) That the Upper Strasburg Creek Class Environmental Assessment Report prepared by CH2MHill and North-South Environmental Inc., dated January 2008 be received; and further, That the Upper Strasburg Creek Class Environmental Assessment Report be filed with the Ministry of Environment for the mandatory thirty (30) day review period as required by the Environmental Assessment Act. (Carried, as Amended) 2. That the transitional Staging of Development Report approved by City Council in June 2007 be the guiding document for subdivision priorities in 2008. 3. That consideration of the following recommendations contained in Development and Technical Services Department report DTS-08-013 (Southwest Kitchener - Direction Regarding Development Applications) be referred to the March 31, 2008 Development and Technical Services Committee meeting, in order to be considered in conjunction with Development and Technical Services Department reports DTS-08-032 and DTS-08-034: (a) That the `Business Park' land use designation for the lands known as the `west side' (Conestoga Parkway/Trussler/Fischer Hallman/Huron Roads) continue to be held in abeyance and that new urban designations to include residential and a mixture of land uses (including employment opportunities), afocus on implementing environmental sustainability principles and a high level of urban design be explored, along with the preparation of Community or Master Plans at the appropriate time recommended by the Kitchener Growth Management Strategy; and, (b) That all development applications for the lands known as the `West Side' (Conestoga Parkway/Trussler/Fischer Hallman/Huron), including MP04/03/B/BS, MP05/03/T/DR, MP05/04/H/BS, the subdivision and zone change applications recently submitted to the northwest of Fischer Hallman/Huron Road intersection and any new applications in the subject area wait until after the recommendations of the Kitchener Growth Management Strategy are known and the timing for review and recommendation of the applications be re-evaluated thereafter; and, (c) That staff proceed to coordinate transportation master planning for the southwest portion of Kitchener and a vision and design principles for the Fischer-Hallman Corridor from New Dundee Road to Ottawa Street with the Region of Waterloo and any affected `West Side' land owners; and further, (d) That the update contained within Development and Technical Services Department report DTS-08-013 on the Kitchener Growth Management Strategy (KGMS) be received for information and that a report on the KGMS be targeted by the end of 2008. (Carried, as Amended) COUNCIL MINUTES MARCH 17, 200$ - 71 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 4. That the operating framework for the Local Environmental Action Fund (LEAF) as set out in Development and Technical Services Department report DTS-08-33 be approved; and further, That the updated Strategic Plan for the Environment acknowledge and incorporate LEAF as a key tool for the enhancement /optimization of the environment for Kitchener. 5. That Zone Change Application ZC07/25/O/JB (160 Ottawa Street North -Shell Canada) for the purpose of changing the zoning from Gas Station Zone (C-7) to Gas Station Zone (C-7) with a Special Use Provision to allow motor vehicle sales and repair service, with convenience retail as an accessory use, be approved in the form of the "Proposed By-law" dated March 3, 2008, attached to Development and Technical Services Department report DTS-08-025, as amended to include the requirement that all vehicle repairs on this property shall take place in the existing building and/or within the fenced area, as identified on the concept plan prepared by Planning & Engineering Initiatives, noted as Figure 1, Project No. KP-07-1968, dated March, 2008; subject to three readings of the by-law being withheld until the following conditions have been satisfied: (a) That the Regional Municipality of Waterloo advises in writing that the Regional requirements including Record of Site Condition, road widening and a Regional Road Access Permit have been addressed; and, (b) That the applicant shall submit and receive approval of a landscaping plan for the subject property from the City of Kitchener. COMMUNITY SERVICES COMMITTEE - 1. That the donation of 0.47 acres (0.192 hectares) of land containing a portion of Melitzer Creek and a 15 metre buffer zone located at 214 Woolwich Street and described as Part 2 on a future 58R plan from Ms. Pamela Schlueter, be accepted, on such terms and conditions as are satisfactory to the City Solicitor; and further, That the Mayor and Clerk be authorized to execute any required documentation to affect the transfer of title, satisfactory to the City Solicitor. 2. That the Mayor and Clerk be authorized to execute a renewal of the License Agreement with Canadian Recreational Excursions Inc. / Mr. Thomas Kaufman for use of all or a portion of the designated trail sections for a further term of one year, to be reviewed on an annual basis, on terms and conditions satisfactory to the City Solicitor. 3. That aone-time general provision grant in the amount of $1,000. be approved to the Ahmadiyya Movement in Islam, to assist with offset facility rental costs related to the hosting of the 28th World Religions Conference in November 2008. (Dealt with under Delegations and Carried) 4. That a Loan agreement be executed to the satisfaction of the City Solicitor in the amount of $75,000. to the Waterloo Regional Boxing Academy (WRBA) through the Community Loan Program, as outlined in Community Services Department report CSD-08-016; and, That WRBA use those funds to purchase weight machines and cardio equipment for the new Activa Sportsplex; and further, That the City ownership provision in the Community Loan Program Policy be waived for this request to allow the WRBA to maintain ownership of the equipment. COUNCIL MINUTES MARCH 17, 200$ - 72 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 5. That a public consultation process be undertaken to receive citizen and stakeholder feedback regarding the `functional use' of the vacant portion of the upper level of Your Kitchener Market based on 3 potential solutions, being: arts and culture uses as an interim strategy; original vision of small independent retailers; and, retain the current status while continuing attempts to recruit amid-size grocer or larger non food retailer; and, That staff be directed to report back to the Community Services Committee within 90 days with the results of the consultation and a recommendation for next steps; and, That staff be further directed to propose a review process to address the future `form of governance', with said process to include vendor, stakeholder and citizen representatives and commence once the upper level use strategy has been determined; and further, That no further action be taken at this time with regard to both the private sector management and sell options for Your Kitchener Market. 6. That the 2008 Victoria Park Geese Management Program, as outlined in Community Services Department report CSD-08-014, be endorsed. FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That the 2007 City of Kitchener Summary Drinking Water Report be accepted by Council as required by O.Reg.170/03, Schedule 22, of the Safe Drinking Water Act; and further, That the City of Kitchener provide a copy of the Summary Drinking Water Report to the Township of Woolwich as required by Schedule 22 of O.Reg.170/03. 2. That the request of Doon Heritage Crossroads to invite two food vendors and approximately 5 merchandise vendors to operate at the Emergency Services Muster Games and Parade on May 24, 2008, at 10 Huron Road, be approved, providing the necessary licence, including Health and Fire approvals, are obtained; and further, That the reduced fee of $40.40 be applicable. 3. That the City of Kitchener has no objection to a liquor licence being issued to the Holy Spirit Festival Association of Kitchener-Waterloo for an event to be held on June 6-9, 2008 at 1548 Fischer-Hallman Road East, Kitchener; and further, That this event be declared a "Community Festival" for the purpose of applying for a liquor licence, since this is a traditional Portuguese celebration of their heritage and promotes unity and understanding within our community. 4. That in conjunction with the Multicultural Festival and all activities connected therewith, to be held at Victoria Park on Saturday, June 21 and Sunday, June 22, 2008, the period of June 21 to July 1, 2008 inclusive, be declared a period of Civic Celebration in the City of Kitchener and that this event be considered a "Community Festival" within Kitchener; and further, That the KW Multicultural Festival Inc., be granted a Temporary Retail Market Licence, provided that the necessary licence, including Health and Fire approvals, is obtained. 5. That notwithstanding the distance separation requirements of Chapter 586 (Refreshment Vehicles) of the City's Municipal Code, the request of Sherri Brezinksi to be issued a license to operate a refreshment vehicle at 808 Courtland Avenue East, be granted. 6. That the supply component of the natural gas rates be decreased to 28.0 cents per cubic meter from 31.3 cents per cubic meter for system gas customers of the City of Kitchener, effective April 1, 2008; and, COUNCIL MINUTES MARCH 17, 200$ - 73 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 6. (Cont'd) That the transportation component of the natural gas rates be increased to 4.114 cents per cubic meter from 3.887 cents per cubic meter for system gas customers of the City of Kitchener, effective April 1, 2008 to reflect the interim rates charged by TransCanada Pipelines as previously approved by the National Energy Board; and further, That the delivery components of the natural gas rates be changed as proposed in Appendix A, as attached to Financial Services Department report FIN-08-029, for all Kitchener delivery customers effective April 1, 2008. 7. That Financial Services Department report FIN-08-026 (Financial Report as of December 31, 2007), dated February 25, 2008, be received. 8. That a by-law be enacted to regulate the securing of vacant buildings. 9. That the City implement a minimum sustainable design, construction, and certification standard of LEEDTM "Gold" for all new City built and owned facilities over 500 m2 gross floor area and a lower level of certification may be considered on an individual business case assessment basis; and, That the City implement sustainable design and construction standards for retrofit and renovation projects on an individual business case assessment basis; and, That the City target new facilities for a minimum 30% reduction in energy use as compared to the Model National Energy Code for Buildings (MNECB) standard for similar facilities; and further, That the City review its green building design and construction standards on an annual basis. HERITAGE KITCHENER - (Carried, as Amended) 1. That consideration of the following recommendation be deferred to the April 7, 200$ Council meeting to allow further discussion between interested parties in respect to obtaining an understanding of the designation process under the Ontario Heritage Act: `That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a Notice of Intention to designate the property known as 70 King Street East (former Toronto Dominion Bank), as being of cultural heritage value or interest, with the following heritage attributes: The property municipally addressed as 70 King Street East was built in 1959 as a Toronto Dominion Bank, by the bank's in-house architect Bruce Etherington. It occupies a very prominent location within Downtown Kitchener and has been identified as one of the best examples of modern movement architecture in Waterloo Region. The building is of such exceptional significance, that it was specifically highlighted as a particularly excellent example of High Modernism in the Kitchener-Waterloo Art Gallery Catalogue publication Images of Progress 1946-1996 Modern Architecture in Waterloo Region; as being a unique and spirited work from the post-War period that should be a priority for preservation. In addition, the building was recommended as a priority for preservation by the jurors of the Kitchener City Hall competition in 1990; and, Part of the architectural significance of the building relates to how it expresses both Solidify and Mofion. Solidify, through its extensive use of limestone and unique inflection of the facades and roofline, suggesting that the building was almost carved out of a solid block of stone; and Mofion, through a series of uninterrupted tapering metal COUNCIL MINUTES MARCH 17, 200$ - 74 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER - (CONT'D) 1. (Cont'd) ailerons (or metal fins) which wrap around both the Frederick and King Street elevations. Of interest is how the King and Frederick Street elevations inflect toward their midpoints, and how the cornice line on the same elevations repeat the pattern of movement by rising at the street corner. The long series of narrow steel sash windows interrupted by steel panels and running almost two storeys high, are shielded by tapering metal ailerons. The fins are reminiscent of the tail light fins of vehicles from the same era, and exude a unique sense of rhythm and motion in their repetition and banner-like form. Yet the large expanse of limestone facing the building and its marble base provides for a sense of solidity that is traditionally expected of financial institutions. The straight and squared pattern of the limestone wall provides a canvas that contrasts with the angles seen in the building plan, roofline, door openings and window fin detail. The result and effect is a building that appears to be carved out of stone, in metamorphosis; and is reflective of the dawn of the modernist spirit in architectural expression in the City of Kitchener; and further, That the designation makes reference to the following specific features of 70 King Street East, being: • irregular building plan including inflections on both the South (King Street) and East (Frederick Street) elevations; • marble faced base at grade; • marble faced window sills; • terrazzo steps and landing of the west entrance on the South (King Street) elevation; • all window openings and windows including steel sash and panels; • tapered green enameled steel ailerons (fins) on the South (King Street) and East (Frederick Street) elevations; • light toned limestone faced walls in straight geometric pattern; • all door openings including angled openings on the South (King Street) elevation; and, • cornice, parapet wall, roof and tapered roofline.' (Dealt with under Delegations and Carried Unanimously, as Amended) COUNCIL MINUTES MARCH 17, 200$ - 75 - 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." Mayor C. Zehr previously disclosed a pecuniary interest in regard to a by-law to rezone lands on Pioneer Tower Road as he owns property within the circulation area and abstained from all discussion and voting. B. ADMINISTRATIVE REPORTS - 1. Various Tenders Dealt with under Delegations. 2. Execution of Engineering Agreement -Homer Watson Pumping Station Council considered Development and Technical Services Department report DTS-08- 040 (B. Korah), dated March 5, 2008. 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 KMK Consultants Limited, regarding the Homer Watson Pumping Station." 3. Dog Designation Appeal Committee Decision Dealt with under Delegations. 4. Uncollectable Receivables Write Off Council considered Financial Services Department report FIN-08-042 (P. Houston), dated March 10, 2008. It was resolved: "That Uncollectable Receivables, amounting to $11,725.72 be written off against the Allowance for Doubtful Sundry Receivables and the Allowance for Doubtful Utility Receivables." 5. Uncollectable Utility Accounts Write Off Council considered Financial Services Department report FIN-08-043 (P. Houston), dated March 10, 2008. It was resolved: "That Uncollectable Utility Accounts, amounting to $57,963.19 be written off against the Allowance for Doubtful Sundry Receivables and the Allowance for Doubtful Utility Receivables." 6. Eastern Canadian Mutual Assistance Plan tECMAP) Agreement Dealt with under Delegations. COUNCIL MINUTES MARCH 17, 200$ - 76 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 7. Tag Dav Request - Navv League of Canada Council considered correspondence from Ms. Ellen Bailey, Tag Day Co-ordinator, K-W Navy League Branch, dated February 18, 2008, requesting permission to conduct Tag Days on April 18 & 19, 2008. It was resolved: "That the request of the Royal Canadian Sea Cadets #94 WARSPITE to conduct Tag Days on the evening of April 18 and all day April 19, 2008, at various malls, grocery stores, liquor store entrances, as outlined in correspondence from E. Bailey, dated February 18, 2008, be granted." $. Liquor Licence Review Application - Energv Cafe - 21 Weber Street West Council considered Corporate Services Department report CRPS-08-040 (P. Harris), dated February 29, 2008, submitted on behalf of the Liquor Licensing Review Committee. It was resolved: "That subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below, that Council take no action to oppose the application for a liquor license for Energy Cafe located at 21 Weber Street West applied for by Vukalo Marko (herein referred to as the "Applicant"); and further, That Council authorize the Mayor and Clerk to enter into an agreement with the applicant should he be willing wherein the applicant agrees to abide by the following conditions and to request they be added to his licence if the AGCO chooses to issue the licence: 1. To post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; 2. To become a member of the Kitchener Downtown Business Association's License and Entertainment Committee and attend its meetings; 3. To abide to a set 60% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) in other words alcohol sales will be limited to 60% of gross refreshment sales); 4. To stop serving alcohol by 2:00 a.m. daily; 5. To notify the Clerk of the City of Kitchener in writing of any application to change the license at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the establishment without the consent of the City's Council; 6. To comply with the Noise By-law and the Smoking By-law; 7. To ensure that security or staff be in attendance on the patio between 11 p.m. and 2:00 a.m. to monitor the noise level; and, 8. These conditions shall bind all successors, assigns and subsequent licence holders (if any)." 9. Agreement -Regional Municiaality of Waterloo - SCADA Tower Installation Council considered this date Community Services Department report CSD-08-027 (J. Witmer), dated March 14, 2008. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with the Region of Waterloo for the installation of radio device equipment COUNCIL MINUTES MARCH 17, 200$ - 77 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 9. Agreement -Regional Municipality of Waterloo -SCADA Tower Installation tCont'd) on two Regional facilities for the Supervisory Control and Data Acquisition (SCADA) System Communication."