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HomeMy WebLinkAboutCouncil - 2008-04-07COUNCIL MINUTES APRIL 7, 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 Brittany Kalendarian, King School of Vocal. On motion by Councillor K. Galloway, the minutes of the regular meeting held March 17, 2008 and special meetings held March 17 & 31, 2008, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Ms. D. Huggins, teacher, and student representatives of Crestview Public School, presented a cheque in the amount of $300. to Mayor C. Zehr and Councillor J. Gazzola, requesting that the proceeds from their Environmental Club's dance-a-thon fundraiser held March 28, 2008 be used to help save environmentally sensitive lands in Hidden Valley. The following individuals received Awards of Merit and Certificate of Service in recognition of serving on special Committees and Boards under the jurisdiction of City Council. Recipients personally received their awards /certificate presented by Mayor C. Zehr. A Certificate of Service is given for up to 5 years of service and an Award of Merit for service in excess of 5 years. Awards of Merit Certificate of Service Warren Griffin Peter Hamberger Rodney Goetz Bryan Isaac Lorraine Rowan The Honourable Steven W. Mahoney, PC, Chair of the Workplace Safety & Insurance Board (WSIB), presented an overview of the WSIB's `Road to Zero' campaign; ahigh-profile public awareness promotion to help eliminate workplace injuries, occupational illnesses and fatalities in Ontario. As part of the campaign, municipalities are being asked to sign a `Community Workplace Health & Safety' Charter as a public commitment to actively participate in eliminating workplace injuries, illnesses and fatalities in their respective communities. It was noted that as a result of this campaign, a reduction of approximately 24% of lost time due to workplace injuries has been realized and it is hoped that the campaign will achieve a change in culture and attitude so that workplace safety becomes a matter of habit. Honourable Mahoney asked that Kitchener Council pass a resolution authorizing Mayor C. Zehr to sign the Charter on behalf of the City of Kitchener. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That the City of Kitchener endorses the principle that engaging senior community leadership is fundamental to ensuring real change occurs in eliminating workplace injuries in our community; and, That the City of Kitchener accepts that effectively managing workplace health, safety and wellness is essential for our community's continued social welfare and economic success; and, That the City of Kitchener recognizes that the involvement of all sectors of our community at every level in the workplace is a prerequisite to eliminating workplace injuries in the City of Kitchener; and further, That Mayor C. Zehr be authorized to sign the Community Workplace Health & Safety Workplace Charter as presented by the Workplace Safety & Insurance Board (WSIB) on April 7, 2008 and by signing this Community Workplace Health & Safety Workplace Charter, the City of Kitchener is making a public commitment to actively participate within a learning community that provides and receives best practices for the enhancement of employee physical, social and mental well-being in all employment sectors within our community." Carried. Mayor C. Zehr and Honourable Steven W. Mahoney then publicly signed the Community Workplace Health & Safety Charter, which was left with the City for display. COUNCIL MINUTES APRIL 7, 200$ - $6 - CITY OF KITCHENER Mr. Bill Weiler, The Med Ed Group, spoke to the state of current health care in the community and the opportunities presented by the new University of Waterloo's Health Sciences Campus in addressing chronic shortage of doctors, nurses, pharmacists and other health professionals. The Health Sciences Campus was noted as a visionary and innovative centre for medicine and health; integrating education, research, diagnostics, treatment and commercial activities, set to enhance health resources to the Waterloo-Wellington Local Health Integration Network (CHIN). The Med Ed Group is made up of local volunteers dedicated to ensuring sustainable community support and financial assistance for the growth and success of the Health Sciences Campus; and all funds raised by the group will be directed to community foundations. Mr. Weiler thanked Council for their visionary approach and financial assistance in helping commence this project. Mr. Jerry Van Ooteghem, President & CEO, Kitchener-Wilmot Hydro Inc. (KWHI) / Kitchener Power Corporation, presented the 2007 Annual Report. A summary document highlighting aspects of the Annual Report was circulated this date. Mr. Van Ooteghem highlighted aspects of the Financial Report, noting that a net income of $5.61 M was realized in 2007 representing 3.1% of total revenue and a decrease of $2.53M over 2006; however, in 2006 income was increased by a $3.4M reversal of the impairment of regulatory assets provision and when removed, 2007's net income of $5.61 M represents an effective increase of approximately $910,000. over 2006. Factors impacting net income and kw/hr sales were attributed to customer growth, energy conservation and general economic downturn in the manufacturing sector. Controllable expenses remain among the lowest of the large utilities in comparison to the Provincial average, resulting in an expense to customer ratio of $153.04; and customer growth continues to increase at a healthy, sustainable rate. Mr. Van Ooteghem then provided statistics on customer service performance indicators, including: new services; locates; telephone accessibility; and written /emergency responses. It was noted that KWHI was recognized by Council earlier this year for achieving 1.25M work hours without a lost time accident. In addition, KWHI participated as part of a large consortium of distribution companies in an evaluation process for conversion to smart meters by 2010 as mandated by the Province of Ontario; and continues to support the Ministry of Energy's commitment to create a culture of conservation. Mr. Van Ooteghem concluded that KWHI remains in good financial position, continuing to re-invest in its infrastructure and providing excellent service to its customers at the lowest residential rate among the large utilities in the Province. In response to questions, Mr. Van Ooteghem advised that as a result of the community's participation in Earth Hour, a 3% reduction in energy use was realized during the hour of 8:00 - 9:00 p.m. on March 29, 2008. Mr. Van Ooteghem then presented the 2007 Reforestation Grant of $40,000., representing KWHI's commitment to replenish trees removed as a result of maintenance of its hydro lines; and a dividend cheque in the amount of $2,121,750. 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 requested that Expression of Interest E08-019 (Prequalification of General Contractors - Road and Streetscape Construction -King Street), be dealt with firstly in conjunction with Development and Technical Services Department report DTS-08-052 (G. Murphy), dated April 4, 2008, in which an update on the King Street Streetscape Project is provided; listed as Items B.1 vi) and B.5 respectively on the Committee of the Whole agenda of this date. Mr. G. Murphy, Director of Engineering Services, advised that as staff and the consultants, IBI Group, have worked to finalize the design and tender package, revised cost estimates for this project now indicate the potential for the project to exceed the budgeted projection of $5.68M by another $2-4M. It was noted that the budgeted amount had been based on a 60% design package, encompassing a `Pedestrian First' high quality streetscape to allow additional sidewalk width, new street furniture, new pedestrian-oriented lighting and new surface treatments for roadway and boulevards. Mr. Murphy stated that the Project Team worked co-operatively with the Kitchener Downtown Business Association (KDBA) to develop a construction schedule acceptable to local businesses and which provides certainty of timing of construction for their business operating plans; and mitigates disruption throughout the summer months. He pointed out that this project is unique and complex to that of usual road construction projects, and that in the design phase it became clear that use of specialized materials and a very ambitious construction schedule has raised considerable uncertainty over the construction cost estimates. Staff requested IBI to complete a detailed design cost estimate prior to releasing the tender package for prequalified contractors, to gain a better understanding of the COUNCIL MINUTES APRIL 7, 200$ - $7 - CITY OF KITCHENER increased cost projections. Key components of the increased costs relate to: construction and staging; timing of the tender; surface treatments (eg. granite); street lighting; and other ambient lighting. Mr. Murphy noted that the cost of granite varies greatly depending on colour, texture and availability; ranging from $1-2M. This wide range in cost for this single material adds a significant risk factor to the overall cost of the project. Four options are proposed for moving forward and Option 4 is recommended which provides for: hiring of a Certified Quantity Surveyor to conduct a Value Engineering Assessment on the project design; delay in construction phasing with the new project schedule to extend beyond 2010; and review of quality finishes to determine where efficiencies can be achieved to allow the project to remain within the approved budget of $5.68M. Mr. Murphy also noted that the City received $3.2M in Provincial funding for this project and stressed that it is important to ensure that the project move forward in order to access those funds. Accordingly, staff is recommending pausing construction phasing as opposed to complete deferral of the project and in pausing, will have time to evaluate the design and report back with options for overall cost reductions of the new streetscape. Mr. Murphy advised that at budget time the design was still a work in progress and until now firm estimates could not be established. He added that it was only close to the end of the design and tendering process that the consultant raised concerns regarding escalating costs and is why staff has brought the matter to Council's attention. He noted that there will be no impact to accessing the Provincial funding provided a portion of the work proceeds this year. Councillor J. Gazzola suggested that the entire project should be placed on hold pending receipt of additional information in the subsequent report to come forward in May. Mayor C. Zehr pointed out that wording of the resolution allows that construction be paused pending further analysis. Mr. Murphy added that the intent is to proceed with awarding the Expression of Interest for prequalified contractors to give indication the project is to move forward; and pause to evaluate and provide options on the design costing that may reduce the scope of the project or quality of finishes to bring costs into perspective. Mr. Murphy commented that typically 60% design cost estimates are used for road construction projects; however, with the uniqueness of this project and specialized materials, the estimates were found to be inadequate and is a difficult lesson learned to be applied in future. Mayor C. Zehr noted that having improved the City's methods of cost estimating, this increase has at least been caught earlier in the process as opposed to during construction. Councillor B. Vrbanovic commented that timing is critical in respect to mitigating impact to Downtown businesses /activities and questioned if consideration has been given to completing the remainder of the work beyond what is recommended to proceed in 2008, by the end of 2009. Mr. Murphy advised that the intent is to revisit the original schedule with the KDBA to consider the feasibility of extending the work beyond 2010. Councillor Vrbanovic requested that the report include options for potential completion of the project over a longer timeframe. Mr. Mark Garner, KDBA, expressed disappointment but supported staff's recommendation to pause construction phasing at this time to ensure the project is done right and on time, as well as within budget. He stressed the need to proceed as quickly as possible and asked that the City determine what could be done this year. He stated that their preference was to have the work completed in 2009 and if there is any work that can be done this year over and above what is being recommended by staff at this time, that it be identified in the report coming back to Council. He added that timing of construction is critical to other Downtown business operation plans and it was preferable to do as much as possible to move the timeline along. In response to Mayor C. Zehr, Mr. Murphy confirmed that the staff recommendation provides flexibility regarding construction timing and does not give approval to extend beyond 2010. He added that an extension is just an option to be considered in respect to costing and will be included as part of the Quantity Surveyor's evaluation. Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That staff be directed to pause the timing of construction on the King Street streetscape Project in order to complete a Value Engineering Assessment which will confirm the engineering cost estimate and provide a revised estimate based on selected changes to the COUNCIL MINUTES APRIL 7, 200$ - $$ - CITY OF KITCHENER design and type of materials to be used, within the framework of the approved `Pedestrian Theme'; and further, That staff submit a report to Council on May 20, 2008 on the results of the Value Engineering Assessment." Councillor B. Vrbanovic asked that staff investigate street lighting in downtown Windsor and provide a cost comparison in respect to materials used there. He also asked that staff provide costing for future potential installation of security cameras within the conduit to be placed in the Downtown. Councillor J. Gazzola stated that he would support the motion on the basis that Council is committing only to proceeding with an evaluation, with a report to come back with options for consideration and expressed the opinion that the goal should be to remain within budget. Councillors J. Smola and C. Weylie spoke in support of the motion, commenting that notwithstanding the importance of this project it was appropriate to pause at this time to ensure the project is completed in a timely, cost effective manner. Councillor C. Weylie's motion was then voted on and Carried Unanimously. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Gazzola "That Expression of Interest E08-019, Prequalification of General Contractors -Road and Streetscape Construction -King Street (Frederick/Benton Street to Francis Street and Speakers Corner), be awarded to the following Companies: 410754 Ontario Limited, ola Sousa Concrete Branchton, ON Capital Paving Inc. Guelph, ON 2153592 Ontario Limited, ola Elgin Construction St. Thomas, ON Gateman Milloy Inc. Kitchener, ON Lafarge Paving and Construction Limited Petersburg, ON Steed & Evans Limited Kitchener, ON." Carried. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Tender T07-099, Elevator Modernization -Duke & Ontario Parking Garage, be awarded to Delta Elevator Company Ltd., Kitchener, Ontario at their tendered price of $242,938.50 including G.S.T." -and- "That Tender T08-001, Concrete Curb and Sidewalk Construction, be awarded to 410754 Ontario Limited ola Sousa Concrete, Branchton, Ontario at their tendered price of $629,771.63 including provisional items and contingencies of $22,495. and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." -and- "That Tender T08-002, Road and Surface Construction, be awarded to Steed and Evans Limited, Kitchener, Ontario at their tendered price of $3,691,667.18, including provisional items and contingency of $142,421. and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." -and- COUNCIL MINUTES APRIL 7, 200$ - $9 - CITY OF KITCHENER "That Expression of Interest E07-102, Architect Services - Kingsdale Community Centre (Alterations to Patrick J. Doherty Arena) be awarded to The Walter Fedy Partnership, Kitchener, Ontario at their estimated fee of $286,382.25, including disbursements of $26,000. and G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." -and- "That Expression of Interest E08-012, Consultant Services - Betzner Barn Foundation Heritage Conservation, be awarded to Stantec Consulting Ltd., Kitchener, Ontario at their estimated fee of $34,047.22, including disbursements of $2,401.92 and G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." -and- "That Expression of Interest E08-013, Consultant Services - Website Customer Insight Research, be awarded to Leger Marketing, Toronto, Ontario at their estimated fee of $55,503., including G.S.T." Carried. Messrs. John Dobson and Paul Walman, Kitchener Grand River Rotary Club, attended to advise that the 2007 Kitchener Downtown Mud Puppy Chase was a huge success, raising approximately $20,000. for the KidsAbility program and to thank the City for the in-kind services provided. They added that the 2008 event will be held on May 4 and it is anticipated that over 1,000 runners will participate. Mr. John Arndt, President, North Waterloo Region Branch (NWRB), Architectural Conservancy of Ontario, attended with respect to the proposed designation under the Ontario Heritage Act, of 70 King Street East, listed as item 7 a) under Unfinished Business on the Council agenda this date. Mr. Arndt advised that the NWRB supports the recommendation to designate the subject property. He provided a brief history of the architect and the building, advising that it was an excellent example of post war architecture and should be preserved. Mr. Arndt concluded that although the potential tenant has proposed renovations for their business that would not impact on the exterior of the building, without designation, there would be no guarantee that in future the building would not be modified to accommodate a new tenant. Mr. L. Bensason, Heritage Planner, advised that following the March 17, 2008 Council meeting he met with the property owners and potential tenants to provide information on designating properties under the Ontario Heritage Act but has had no further contact. He further advised that the potential tenant has provided revised elevations of the building showing the modifications being proposed and if these elevations were submitted as part of an application under the Act, staff would be supportive of the application. Councillor B. Vrbanovic commented that the issue before Council this evening is the question of designation of the property and asked if Council needed to deal with the proposed modifications to the elevation drawings submitted by the tenant. Mr. Bensason explained that should Council decide to designate the property there is a 30 day appeal period and no heritage alterations application has been formally submitted by the tenant. He added that Council could express support for the revised elevation drawings discussed at the March 17th meeting. Mr. Paul McCormick, the Cora Group, advised that his company as the owners of the property still have issues with designating the property under the Act. He explained that the building has sat vacant for 10 years which shows the difficulty in leasing this building. If designated and the potential tenant decides not to proceed, any restrictions placed on the company may make it difficult to find another viable tenant. COUNCIL MINUTES APRIL 7, 200$ - 90 - CITY OF KITCHENER On motion by Councillor J. Gazzola, seconded by Councillor B. Vrbanovic, the recommendation of Heritage Kitchener, listed as Item 7 a) on the agenda this date, was brought forward for consideration to provide that the Clerk be directed to publish a Notice of Intention to designate 70 King Street East (former Toronto-Dominion Bank) as being of cultural heritage value or interest. Councillor J. Gazzola commented that the information provided shows that this property is of significant heritage value and should be saved. He expressed confidence that an agreement could be reached in regard to the design of the proposed use and that designation would not place undue hardship on any future redevelopment plans of the property owner. Councillor B. Vrbanovic spoke in support of designation, expressing the opinion there is opportunity to preserve the architectural significance of this structure and still successfully redevelop the site. He suggested that Council consider a subsequent motion to convey support, in principle, of the revised elevation drawings submitted by the property owner at the March 17, 2008 Council meeting. Moved by Councillor J. Gazzola Seconded by Councillor B. Vrbanovic "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 Solidity and Motion. Solidity, 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 Motion, through a series of uninterrupted tapering metal 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; COUNCIL MINUTES APRIL 7, 200$ - 91 - CITY OF KITCHENER • 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." Carried Unanimously, on a recorded vote. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Gazzola "That staff and the property owner of 70 King Street East (former Toronto-Dominion Bank) be advised that Council would favourably view a Heritage Alterations Application for said property based on the revised elevation drawings submitted by the property owner at the March 17, 2008 Council meeting." Carried. Mr. Ed Redgwell, resident, raised concerns with respect to the Economic Development Investment Fund (EDIF) established in 2004 at $110M. He alleged difficulty in obtaining information respecting the total monetary value of the EDIF. He was of the understanding monies were borrowed to leverage the funds over a 15-year period and he asked to be provided with up-to-date financial information as to the actual cost of the Fund. Mr. D. Chapman, General Manager of Financial Services & City Treasurer, advised that EDIF comprises $110M of which $21 M was provided from the City's capital funding and $89M is debt supported. Councillor J. Gazzola pointed out that there is associated cost to borrowing and Mayor C. Zehr agreed that there would be interest costs similar to any other capital project for which the City would debenture. Mr. Chapman added that interest costs have been included in all financial statements provided in respect to EDIF. Mr. Chapman agreed to provide further explanation of the financial aspects of the Fund to Council and Mr. Redgwell. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Carried. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That the report of the Community Services Committee be adopted." Councillor J. Gazzola raised concerns regarding Clause 2 of the report, dealing with a Sponsorship Agreement with the Activa Group regarding naming of the City's new sportsplex and establishment of a reserve fund for a portion of the Group's financial contribution for future capital expenditures and sports partners chattels. It was Councillor Gazzola's understanding that any funds in excess of the $2M campaign target were to be returned immediately to the City. He stated that he could support the first paragraph in respect to the naming of the sportsplex but could see no reason for establishing a reserve fund, preferring that any monies over and above the original target be returned immediately to the City. Councillor B. Vrbanovic commented that the Group has come forward with a substantial contribution and has the right to direct where the funds will go. He added that the reserve will assist in operational maintenance in future years. Councillor J. Gazzola spoke in opposition to Clause 5 of the report, dealing with a grant to Junior Achievement of Waterloo Region Inc. pointing out that this is the third request by the group fora one- time grant. He expressed the opinion that the group's financial information appears to show self sustainability and as this is also related to education which is not a core responsibility of the City, he could not support the motion. He also questioned how Council could consider the second paragraph COUNCIL MINUTES APRIL 7, 200$ - 92 - CITY OF KITCHENER of the motion as it was his understanding the Community Investment Strategy report has not yet come forward for consideration. Councillor B. Vrbanovic advised that he had put forward the request outlined in paragraph 2 with the intent that the group be added to the list of groups to receive an annual grant within the context of appropriate wording to be used within the new structure coming forward in the Community Investment Strategy. Councillor J. Gazzola raised concerns with respect to Clause 7 of the report, dealing with a Community Development Infrastructure Program grant to the Festival of Neighbourhoods to undertake a strategic review of their activities and development of a five-year plan. He expressed the opinion that the group should firstly carry out this strategic review and then look at funding needs. The Community Services Committee report was then voted on Clause by Clause. Clause 2 -Dealt with in two separate parts as follows: Paragraph 1 -Carried. Paragraph 2 -Carried, on a recorded vote: In Favour: Mayor C. Zehr and Councillors G. Lorentz, J. Smola, K. Galloway, B. Vrbanovic and C. Weylie Contra: Councillor J. Gazzola Clauses 5 & 7 - 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 K. Galloway "That the report of the Audit Committee be adopted." Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the report of Heritage Kitchener be adopted." Carried. Carried. Carried. Council considered this date Community Services Department report CSD-08-033 (G. Hummel), dated April 7, 2008, concerning drainage problems at Cloverdale Park adjacent to St. Paul School in the Forest Hill area. Councillor G. Lorentz advised that he had raised this matter at the March 17, 2008 Council meeting and had since received correspondence from Ms. Sharon Robinson, Parent Council of St. Paul School, outlining their concerns. Councillor Lorentz requested that consideration be given to moving rehabilitation of the park forward to complete necessary improvements in 2008. He added that it was COUNCIL MINUTES APRIL 7, 200$ - 93 - CITY OF KITCHENER his understanding there is sufficient funds in the City's capital contingency account to undertake the work this year without having to bump any other project. Mr. J. Witmer, Director of Operations, commented on physical ability to undertake the work in 2008, advising that it would be a matter of re-prioritizing the current work program. Mr. Witmer also clarified funding for the project, noting that the $40,000. previously spoken of covers only the work required to address the drainage problems, with the additional $7,500. required for re-grading and top-dressing of the area. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That the restoration work required to address drainage problems at Cloverdale Park, adjacent to St. Paul School in the Forest Hill area, as outlined in Community Services Department report CSD-08-033, be moved forward in the 10 Year Capital Forecast for completion in 2008; with required funding to be taken from the City's capital contingency account." Carried. Councillor J. Gazzola raised concerns with respect to collection of garbage from a number of City garbage containers placed on public lands. Mr. J. Witmer advised that some of the containers are on Regional road right-of-ways and staff is currently investigating the locations under complaint to determine whose responsibility it is for collection. Mayor C. Zehr commented that this is a common complaint and suggested that staff, in discussion with the Region, consider more frequent pick-ups. Mayor C. Zehr advised that Regional Council approved the construction of the Sunnyside Seniors Supportive Housing Project adjacent to Sunnyside Home in Kitchener. The affordable housing complex for seniors will offer funded care and support services and will include 30 units, space for a wellness centre and lower level link to Sunnyside Home. In addition, Regional Council approved a one-time financial assistance for the 2008 MasterCard Memorial Cup in the amount of $5,000. for transit shuttle services. Councillor C. Weylie advised that she had been approached by two different restaurant businesses enquiring if they must go through the City's encroachment agreement process if patrons to their business sit outside on the restaurant property. Ms. L. MacDonald, City Solicitor, advised that provided the patios are not on City property and do not obstruct or permit migration of furniture onto City-owned land, an encroachment agreement would not be required. Councillor J. Gazzola raised concerns with a recent announcement from Michelin that they were undertaking the environmental remediation of the Goodrich Drive property, on which the City is to construct the new Consolidated Maintenance Facility (CMF). He stated that there are numerous questions and concerns being raised publicly as to who is actually paying for the cost of the clean-up and questioned if the City plans to provide an explanation to the public. Mayor C. Zehr stated that some misinformation has been circulating publicly and attempts have been made on several occasions in the media to clarify matters. It was his opinion that the matter was simple and perhaps its simplicity was the cause of the problem. He stated that in 2006 a City Steering Committee considered whether or not to purchase the lands then owned by Michelin, which comprised approximately 103 acres. At that time a strategic decision was made not to buy the site as the City did not want to prevent private sector industry from purchasing and using the site for other business purposes. He noted that the City is no longer active in land banking because where previously it was not profitable for the private sector, it now was. It was felt the City should not compete with the private sector and if it did, would ultimately pay more for the land. The property was subsequently purchased privately by South Kitchener Holdings with whom the City has entered into an Agreement of Purchase and Sale for a portion of the site. Mayor C. Zehr pointed out that the City is not party to any agreement in respect to the environmental remediation of the site and it was not Michelin, but rather South Kitchener Holdings who approached the City with an offer to purchase a clean site of up to 45 acres for the CMF. Mayor Zehr commented that it was irrelevant to the City's transaction whether Michelin or South Kitchener Holdings paid for the clean-up. He pointed out that having considered all three site options for the new CMF, the Goodrich Drive site was chosen as the best option, being the least expensive by approximately $25M. He maintained that the transaction is a good deal and advised that the City would receive a Record of Site Condition as a condition of the Agreement of Purchase and Sale. COUNCIL MINUTES APRIL 7, 200$ - 94 - CITY OF KITCHENER Councillor J. Gazzola disagreed that the matter was simple, commenting that he had been surprised at the time the decision was made at the difference in price between what South Kitchener Holdings paid for the land and what the City is paying after remediation. He suggested that someone was not putting all information out, recalling that when the decision was made the explanation given for the higher price was attributed to the clean-up costs. He expressed the opinion that in light of Michelin's announcement, South Kitchener Holdings is not assuming the clean-up costs and therefore, the cost is being borne by the taxpayer within the City's purchase price. Mayor Zehr strongly disagreed with Councillor Gazzola's remarks, reiterating that the City is purchasing a portion of the site with a building that is clean and regardless of which company does the clean-up and pays the associated costs of remediation is irrelevant. Councillor B. Vrbanovic inquired as to the members of Council who sat on the CMF Project Steering Committee and was advised that the three representatives were Councillor J. Smola, C. Weylie and J. Gazzola. Councillor J. Gazzola stated that he had previously advised that he had attended only one Steering Committee meeting due to prior commitments and at that meeting an entirely different site was discussed. He added that if he had failed, it was in not having attended as many of the meetings as he should have. Mayor Zehr commented that Councillor Gazzola clearly had disagreement with the rest of Council on this issue, which is his right; however, he expressed the opinion that it was inappropriate to continually raise matters of no relevance. Council agreed to the request of Mr. R. Gosse, City Clerk, to add four additional by-laws for three readings this date, being: a by-law to amend c.530 (Dogs) of the Municipal Code; a by-law to regulate securing of vacant buildings; and two by-laws relative to re-assessment of existing local improvement charges against 21 Rothsay Avenue, as reconfigured through severance of land, and the severed parcel, newly created 19 Rothsay Avenue. 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. (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 -Blocks 1, 4,5 and 6, Registered Plan 58M-424 -Shirley Avenue and Hesh Crescent. (e) To confirm all actions and proceedings of the Council. (f) Being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs. (g) Being a by-law to require vacant buildings and buildings damaged by fire to be secured against unauthorized entry. (h) To impose a special charge on certain lots sufficient to raise the owner's share of the costs for certain works on Rothsay Avenue as shown in Schedule `A' hereto as local improvements. (i) To impose a special charge on certain lots sufficient to raise the owner's share of the costs for certain works on Rothsay Avenue as shown in Schedule `A' hereto as local improvements. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. COUNCIL MINUTES APRIL 7, 200$ - 95 - CITY OF KITCHENER 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 B. Vrbanovic "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: (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. 2008-65) (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. 2008-66) (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. 2008-67) (d) Being a by-law to exempt certain lots from Part Lot Control -Blocks 1, 4,5 and 6, Registered Plan 58M-424 -Shirley Avenue and Hesh Crescent. (e) To confirm all actions and proceedings of the Council. tBy-law No. 2008-68) tBy-law No. 2008-69) (f) Being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs. tBy-law No. 2008-70) (g) Being a by-law to require vacant buildings and buildings damaged by fire to be secured against unauthorized entry. tBy-law No. 2008-71) (h) To impose a special charge on certain lots sufficient to raise the owner's share of the costs for certain works on Rothsay Avenue as shown in Schedule `A' hereto as local improvements. tBy-law No. 2008-72) COUNCIL MINUTES APRIL 7, 200$ - 96 - CITY OF KITCHENER (i) To impose a special charge on certain lots sufficient to raise the owner's share of the costs for certain works on Rothsay Avenue as shown in Schedule `A' hereto as local improvements. tBy-law No. 2008-73) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned at 10:30 p.m. Carried. MAYOR CLERK COUNCIL MINUTES APRIL 7, 200$ - 97 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That consideration of the following recommendation from Development and Technical Services Department report DTS-08-038 (A By-law to Amend Chapter 665 [Property Standards] with Respect to Designated Heritage Property) be referred to the Development and Technical Services Committee meeting of Mav 12, 2008: "That Chapter 665 (Property Standards) of the City of Kitchener Municipal Code, be amended in the form of the draft by-law attached to Development and Technical Services Department report DTS08-038, with respect to regulations specific to the maintenance of designated heritage property;" and further, That staff hold a public meeting for all property owners who will be affected by this proposed by-law, prior to this matter being considered on May 12, 2008. 2. That consideration of Development and Technical Services Department reports DTS-08-032 (Alder Strasburg Creek Watershed Study -Update on Upper Strasburg Creek Watershed Plan), and DTS-08-034 (Upper Strasburg Creek Class Environmental Assessment Report), be referred to the Mav 12, 2008 Development and Technical Services Committee meeting, in order to allow an opportunity for staff and the City's consultant CH2M HILL to meet with the representatives of the affected property owners; and further, That consideration of Development and Technical Services Department report DTS-08-013 (Southwest Kitchener -Direction Regarding Development Applications) be referred to the Mav 12, 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. 3. That the normal procedure for the selection of Engineering Consultants be waived and the City retain Stantec Consulting Limited as the Engineering Consultant to undertake the detailed design, contract administration and inspection for the Middle Strasburg Trunk Sanitary Sewer project; and, That the Mayor and Clerk be authorized to execute an Engineering Agreement for the provision of professional engineering services between the City of Kitchener and Stantec Consulting Limited at a total cost of $463,650.00 excluding applicable taxes, for completion of the Middle Strasburg Trunk Sanitary Sewer project, upon receipt of the necessary funds from Activa Holdings Incorporated who are providing front-end financing for this project in exchange for development charge credits; and further, That the Mayor and Clerk be authorized to execute a Development Charges Credit Agreement with Activa Holdings Incorporated in respect of Activa Holdings Incorporated's payment of the costs of the consultant fees and the construction of Middle Strasburg Trunk Sanitary Sewer project. 4. That the annual new sidewalk installation program which supports the City's Pedestrian Charter (adopted by Council in April of 2005) and the Air Quality In Kitchener Report, recommendation 2.8 (presented to Council in May of 2006) that support the principles of accessibility, equity, health and well-being, environmental sustainability, personal and community safety, and are used to ensure walking is a safe, comfortable and convenient mode of urban travel continue to be endorsed; and further, That staff continue to work with the community to assist in developing awareness in regard to the importance of these principles when sidewalk construction is being proposed; and further, That the list of proposed new sidewalk segments identified in Appendix `A' of Development and Technical Services Department report DTS-08-036, developed using the methodology described in that report, be approved for use in the 2008 new sidewalk construction program; with this methodology being approved for future new sidewalk infill prioritization. COUNCIL MINUTES APRIL 7, 200$ - 9$ - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CON'TD) 5. That the realignment of Glasgow Street as proposed by the Regional Municipality of Waterloo in connection with its development of a vehicle maintenance, office/lunch room facility at the Waterloo Region Landfill Expansion Site (SP 07/132/G/JB) located at 1516 Glasgow Street, be approved; and, That the Mayor and Clerk be authorized to execute an Agreement with the Regional Municipality of Waterloo for the exchange of certain lands described as Parts 1, 2, 5, 7 and 10 on Reference Plan 58R-16062 being the Region's Lands, and Parts 3 and 4 on Reference Plan 58R-16062 being the City's lands, to facilitate the reconfiguration and reconstruction of a portion of Glasgow Street along the frontage of the Waterloo Region Landfill Expansion Site, on terms and conditions satisfactory to the City Solicitor; and further, That staff initiate the process for notification and consideration of the closure of part of Glasgow Street, and that all expenses be at the Region's cost. 6. That construction of a storm sewer and stormwater channel along the property line between 16 and 26 Chapel Hill Drive be approved to resolve drainage issues, with the costs of design and construction to be shared equally by the owners of 16 and 26 Chapel Hill Drive and the City of Kitchener; and further, That the Mayor and Clerk be authorized to execute an Agreement with the residents of 16 and 26 Chapel Hill Drive to provide an easement to the City of Kitchener for the construction and maintenance of the storm sewer and stormwater channel, on terms and conditions satisfactory to the City Solicitor. 7. That the revised Cash-In-Lieu of Parking policy attached to Development and Technical Services Department report DTS-08-046 be adopted and incorporated into the City of Kitchener Policy Manual. 8. That Development and Technical Services Department Report DTS-08-022 (Annual Report - Delegated Authority) be submitted to the Regional Municipality of Waterloo in fulfillment of Clause 22.1 of the Administrative Agreement between The City of Kitchener and the Regional Municipality of Waterloo regarding delegated authority. COMMUNITY SERVICES COMMITTEE - That the Mayor and Clerk be authorized to execute a licence agreement, satisfactory to the City Solicitor, with the Regional Municipality of Waterloo, allowing the City to operate paid parking at 150 Frederick Street with the intent of serving Centre in the Square patrons. That the Mayor and Clerk be authorized to execute a sponsorship agreement, satisfactory to the City Solicitor, with the Activa Group regarding the naming of the City's new Sportsplex, as outlined in Community Services Department report CSD-08-018; and further, That the draft Council Policy (Reserve Fund -Activa Group Sportsplex), as appended to report CSD-08-018, be approved, subject to the execution of the sponsorship agreement. That aone-time Community Garden Grant in the amount of $785. ($500. cash and $285. in- kind services for compost, woodchips, rototilling and soil removal), be approved to the Shuh Island Garden Group to assist with costs related to the start-up of the Shuh Island Community Garden; and further, That the Mayor and Clerk be authorized to execute any and all necessary agreements with the Shuh Island Garden Group, satisfactory to the City Solicitor, allowing the Shuh Island Community Garden to be located on public lands known as the Shuh Avenue. COUNCIL MINUTES APRIL 7, 200$ - 99 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 4. That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with Cowan Company Limited, broker for K&K Insurance Canada, to use `the Facility Users Group Liability Insurance Program', as outlined in Community Services Department report CSD-08-031; and further, That in subsequent years, the General Manager of the Community Services Department be authorized to execute the signing of the agreement with Cowan Company Limited, broker of K&K Insurance Canada, subject to the satisfaction of the City Solicitor. 5. That a general provision grant in the amount of $5,000. be approved to Junior Achievement of Waterloo Region Inc. to assist with expenses related to providing the Economics of Staying in School Program in 2008; and further, That Junior Achievement of Waterloo Region Inc. be added to the list of groups, which will be brought forward for consideration to receive Tier 1 (foundational services) support under the Community Investment Strategy (CIS). 6. That a general provision grant in the amount of $3,750. be approved to the Memorial Cup Host Committee, representing the City of Kitchener's portion for the sponsorship of the 2008 Memorial Cup Canadian Hockey League (CHL) Board of Governors reception. 7. That a Community Development Infrastructure Program (CDIP) grant in the amount of $15,000., be approved to the Festival of Neighbourhoods, for expenses related to a strategic review of its activities and the preparation and first step implementation of a Five Year Plan for the Festival's future. 8. That a Capital Contingency Fund allocation in the amount of $85,000., be approved for two dedicated air make up units in the Dom Cardillo Arena at the Kitchener Memorial Auditorium Complex. 9. That staff be directed to contact the K-W Performing Arts Association /Theatre and Company requesting the presentation of a progress report at the June 16, 2008 Community Services Committee meeting concerning their programming decisions for the 2008-09 season; and further, That staff be directed to continue monthly grant payments to the K-W Performing Arts Association /Theatre and Company in the amount of $4,250. for the months of May and June, 2008. FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Kitchener Gospel Temple at 9 Conway Drive for their Community Carnival and BBO on Saturday, April 19, 2008, between the hours of 9:00 A.M. and 5:00 P.M. 2. That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to the Beth Jacob Congregation to conduct a social gaming event at the Beth Jacob Synagogue, 161 Stirling Avenue South, Kitchener, on June 25, 2008. 3. That K-W Oktoberfest, to be held October 10-18, 2008, be proclaimed a period of Civic Celebration; and, That the City of Kitchener has no objection to a Special Occasion Permit being issued for the Oktoberfest Festhallen to be operated by Kitchener-Waterloo Oktoberfest Inc. during the period of Civic Celebration; and further, That this event be declared a Community Festival as it is a celebration of Kitchener's German heritage. COUNCIL MINUTES APRIL 7, 200$ - 100 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 4. That the amended City of Kitchener Investment Policy (I-605) be approved, as attached to Financial Services Department report FIN-08-040. 5. That the consultant selection requirements of the City's Purchasing By-law be waived and staff be directed to retain the firm of Prior & Prior Associates Limited to co-ordinate the City's capital asset inventory data collection and valuation activities in support of the implementation of PSAB 3150 -Tangible Capital Assets to an upset limit of $110,000; and further, That staff be directed to prepare only Schedule I (Statement of Operations) of the May interim financial statement in order to create capacity for Financial Planning & Reporting Staff to support inventory collection and valuation activities as well as report creation for the Delta Project. AUDIT COMMITTEE - 1. That Council receive the Engineering Audit Report for the Victoria Street Reconstruction and Joseph/Gaukel Reconstruction, dated December 2007, as prepared by the MMM Group and directs staff to develop an implementation plan for its recommendations. HERITAGE KITCHENER - 1. That pursuant to Section 33(5) of the Ontario Heritage Act, the timeframe for formal consideration of Heritage Permit Application HPA 2007-IV-009 (307 Queen Street South), be extended to June 30, 2008 to provide additional time for the applicant to examine and find the most economically feasible option for replacing all of the building's window systems. 2. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2008-V-002 (21 Theresa Street), be approved to permit the following in accordance with the plans submitted with the application and subject to the final building permit drawings being reviewed by Heritage Planning staff, prior to the issuance of a building permit: • the construction of a 600 square foot addition to the rear of the property; • the removal of an approximate 10x12 foot section of the south elevation; and, • the two windows on the east elevation being closed-in. 3. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2008-V-003 (79 Joseph Street), be approved to permit the installation of two new windows on the north elevation and one new window on the west elevation, in accordance with the plans submitted with the application and subject to the final building permit drawings being reviewed by Heritage Planning staff, prior to the issuance of a building permit. COUNCIL MINUTES APRIL 7, 200$ - 101 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. ADMINISTRATIVE REPORTS - 1. Various Tenders Dealt with under Delegations. 2. Request to Operate a BBO - Country Hills Community Centre Council considered Corporate Services Department report CRPS-08-046 (P. Harris), dated April 1, 2008. It was resolved: "That the request of the 32"d Kitchener Scouts group to operate a refreshment stand at the annual Country Hills Recreation Association Family Fun Day on April 27, 2008, at 100 Rittenhouse Road, be approved, provided the necessary licence, including Health and Fire approvals is obtained." 3. Committee of Adjustment Decision Council considered Corporate Services Department report CRPS-08-045 (D. Gilchrist), dated March 26, 2008, concerning a sign variance for 563 Highland Road West. It was resolved: "That the application of 563 Highland Rd West Ltd. (SG 2008-002 - 563 Highland Road West) requesting permission to have a Ground Supported Sign with an area of 21.57 sq. m. (232.18 sq. ft.) rather than the permitted 20 sq. m. (215.2 sq. ft.), on Part Lot 31, Plan 1004, being Parts 5 & 6, Reference Plan 58R-5638, 563 Highland Road West, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall eliminate one of the existing approved portable sign locations prior to installing the manual changeable copy component onto the Ground Supported Sign, and only one portable sign shall be permitted on this property." 4. 2008 Municipal Road and Bridge Infrastructure Investment Council considered Development and Technical Services Department report DTS-08- 053 (R. Browning), dated April 2, 2008. It was resolved: "That the following conditions be accepted in order to receive the City's allocation from the Provincial budget for municipal road and bridge infrastructure investment: 1. that the $2,699,936.00 allocated to the City of Kitchener by the Province will be used for municipal road and bridge capital investment needs; and, 2. that a final summary report detailing expenditures, use of provincial funding, and outcomes achieved shall be submitted to the Ministry of Transportation and the Ministry may request an independent audit of the project; and further, 3. any funds intended for the project that are not used in accordance with rehabilitation of municipal road and bridge capital investment needs or the terms outlined above will be returned to the Ministry." COUNCIL MINUTES APRIL 7, 200$ - 102 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. King Street Streetscape Project - Engineering Update Dealt with under Delegations. 6. Film Production Agreement -Homer Watson House & Gallery Council considered this date Corporate Services Department report CRPS-08-047 (S. Williams), dated April 4, 2008. It was resolved: "That the Mayor and Clerk be authorized to execute a Film Production Agreement with PTV Film Productions Inc., the Homer Watson House Foundation, and with any other parties City Legal Counsel deems advisable; said agreement to be to the satisfaction of the City Solicitor."