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HomeMy WebLinkAboutCouncil - 2008-10-06COUNCIL MINUTES OCTOBER 6, 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 Krystal Wolfe, King School of Vocal. On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held September 15, 2008 and special meeting held September 29, 2008, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Mr. John Hebden, Municipal Property Assessment Corporation (MPAC), Municipal Relations Representative, presented an overview of the Ontario Property Assessment process, highlighting roles, responsibilities and relationships among the Province, MPAC, Assessment Review Board (ARB) and municipalities, as well as customer service enhancements, including: a re-designed property assessment notice, new information insert, enhancements to the `AboutMyProperty' program which allows citizens to see a profile of their property and compare their property with similar properties in their area free of charge; a re-designed Request for Reconsideration form and new Standard Disclosure Package (deadline for submission is March 31 of taxation year); and extended local office and customer contact centre hours. 2008 assessment updates highlighted: average percentage change by tax class (i.e. residential illustrates percentage increase of 5.34%) and average assessed value by selected residential properties. Councillor J. Gazzola inquired if the impact of the 2009 re-assessment is known in respect to increases and / or decreases in assessed value of the different classes (i.e. residential /commercial / industrial, etc.). Mr. Hebden responded that this information is not available at this time but would be provided to staff with the new rolls to be delivered on December 9, 2008. Councillor Gazzola questioned the decision to phase-in the re-assessment and Mr. Hebden advised that this is a legislated requirement over which they have no control. In response to further questions, Mr. Hebden provided clarification of the number of properties a citizen may access through the `AboutMyProperty' program per year and the process for filing a Request for Reconsideration. Councillor B. Vrbanovic requested staff to comment on the impact of the re-assessment. Mr. D. Chapman, General Manager of Financial Services & City Treasurer, advised that the re-assessment is overall revenue neutral to the City. He added that impact to property tax is relative to the average increased assessment value, whereby those properties having an increased assessment value above the average will be subject to property tax increases and those below the average will see a decrease in property taxes. Mayor Zehr added that while somewhat complicated to understand, it is a matter of re-dividing existing assessed values among the different property classes which remains revenue neutral to the City. Mr. Chapman was asked to comment on next steps and he advised that once the new rolls are received in December, staff will undertake an analysis of the impact of re-assessment, and apply the new rolls to the City's assessment maps. Mayor C. Zehr announced that this is the 40th anniversary of the City's Oktoberfest Festival, a celebration of the community's German heritage, culture and traditions. He noted that during its 40- year history, the Festival has generated $1.5M annually for not-for-profit groups; $12M annually within the business sector; and in conjunction with the Thanksgiving Day Parade, collected 1.1 M pounds of food annually for the Foodbank. Mayor Zehr, together with Councillors G. Lorentz and B. Vrbanovic, presented Messrs. Mark Kreller, President, and Larry Blundell, Executive Director, Board Members of Oktoberfest, with a commemorative certificate. Mr. Kreller expressed appreciation for over 500 volunteers who help run the Festival, celebrated in the traditional spirit of Gemuetlichkeit and averaging $21 M annually for the community. He noted that the Festival is ranked as one of the top three festivals in Canada and the opening ceremonies to be held at Kitchener City Hall will have a different feel this year, emulating the stage format used for the annual Blues Festival. Mr. Kreller thanked Council and staff for maintaining a strong partnership that recognizes the economic impact of the Festival and its attraction as a tourist destination; as well as, including the organization in consultation of Downtown projects. Mr. Kevin Harrington, President, K-W Sports Council, and Ms. Melanie Mitchell, athlete, provided an overview of the 2008 International Children's Games held in San Francisco, California from July 10- COUNCIL MINUTES OCTOBER 6, 200$ - 272 - CITY OF KITCHENER 15, 2008. Kitchener's team of athletes competed in such events as track and field, swimming, soccer and basketball. Mayor C. Zehr and Mr. John Cooper, Co-ordinator of Athletics, presented commemorative team photos and certificates to the Kitchener team. Mayor Zehr advised that the International Children's Games (ICG) delegation is also requesting Council's approval of Clause 3 of the Community Services Committee report of this date, dealing with an outstanding debt from the City's participation in the 2005 ICG in Coventry, England; a Kitchener delegation to be registered annually to attend future games; and annual allocation of funding for one staff person to attend one event per year. Councillor J. Gazzola advised that he would support the first paragraph to provide relief of the debt but would not support paragraphs 2 and 3. It was his opinion that given past financial difficulties, this matter should be decided annually by Council rather than authority being delegated to the Department. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That Clause 3 of the Community Services Committee report of this date be adopted." Councillor J. Gazzola requested that Clause 3 be voted on in three separate parts. Paragraph 1 -Carried Unanimously. Paragraphs 2 & 3 -Carried. Motion Carried. Ms. Michelle Wade and Mr. Leon Bensason, Heritage Planners, announced the recipients of the 2008 Mike Wagner Heritage Awards, given bi-annually in recognition of those who have contributed to the conservation of Kitchener's heritage. Mayor C. Zehr, together with Councillor J. Gazzola and Mr. K. Kirby, Co-Chairs of Heritage Kitchener, then presented the following awards: Mike Wagner Heritage Award -Award of Merit • 1021 Doon Village Road Homer Watson Birthplace (Upper Doon Heritage Conservation District) Owner: Endla Loney Contractors: Mike Loney, Paul McNaught, Ed Knopf • 501 - 545 Morrison Road The Sims Estate Residence Owner: Tanem Developments Limited Contractor: Bricks Plus Restoration Mike Wagner Heritage Award -Outstanding Achievement • 300 Joseph Schoerg Crescent The Betzner Farmhouse Owner: Victoria Ariens Architect: Robert J. Dyck Architect & Engineer Inc. Contractor: Robert Veitch • 31 Margaret Avenue The David Forsyth House (Civic Centre Heritage Conservation District) Owner: Jonathan Cunningham Contractors: Sean W. Emmerson Masonry, Radiant Roofing Mayor C. Zehr recognized Ms. Pat Wagner, spouse of former Councillor Mike Wagner, for whom the award is named, and extended congratulations on behalf of Council to the 2008 award recipients. COUNCIL MINUTES OCTOBER 6, 200$ - 273 - CITY OF KITCHENER Mr. Brian Page then gave an overview of the 2008 Urban Design Awards, given in recognition of industry leaders who exemplify a commitment to excellence and create a built environment that enhances the City's quality of life. Councillor C. Weylie commended industry leaders for their innovation and visionary designs which have helped create a better City and enhanced our everyday lives. Mayor C. Zehr and Councillor C. Weylie then presented the following awards. Nomination Awards Bankside Meadows Owner: Deerfield Homes Ltd. Team: Orchard Design, Stantec Consulting, MHBC Planning Ltd. Goemans Appliances Owner: Mann Furniture Inc. Team: Dejmek Associates Inc., IBI Group, Mighton Engineering, Schiedel Construction Huron Heights Secondary School Owner: Waterloo Region District School Board Team: Ventin Group Architects, Roth & Associates, Jain & Associates, Mclloul- Blamey Construction Leather by Mann Owner: LVB Developments Team: Schiedel Construction, IBI Group, SRM Designs, Mighton Engineering Valet Carwash Owner: Mississauga Kar Kare Team: Gateman Milloy, MTE Consulting, RME Engineering Awards of Merit Bavarian Window Works Owner: Bavarian Window Works Designer: Van-Del Contracting Civil Engineer: TSH Associates Landscape Architect: Native Plant Source Lighting Designer: MNE Engineering Inc. Contractor: Van-Del Contracting Gallery on the Grand Owner: Dave & Alison Burkett Architect: SRM Architects Civil Engineer: MTE Consultants Inc. Landscape Architect: Roth & Associates Lighting Designer: Mighton Engineering Planner: GSP Group Contractor: Gateman Milloy Dental Office Owner: Alexena Holdings Architect: Ryszard Gancewski Architect Civil Engineer: MTE Consultants Inc. Landscape Architect: Roth & Associates Lighting Designer: dxd Refined Lighting Leon's Superstore Owner: Leon Holdings Architect: Murphy Hilgers Architects Civil Engineer: Stantec Consulting Landscape Architect: Terraplan Landscape Architects Lighting Designer: Hammerschlag & Joffe Inc. Contractor: DeAngelis Construction Inc. COUNCIL MINUTES OCTOBER 6, 200$ - 274 - CITY OF KITCHENER Starbucks and Libro Owner: RBJ Schlegel Holdings Inc. Architects: Greg M. Ward Architect and Cornerstone Architecture Civil Engineer: MTE Consultants Inc. Landscape Architect: IBI Group Lighting Designer: MNE Engineering Inc. Contractor: St. Willibrod Credit Union and Verly Construction Group Awards of Excellence Rockway Gardens Village Owner: Menno Homes Architect: Architecture Incorporated Civil Engineer: MTE Consultants Inc. Landscape Architect: Roth & Associates Lighting Designer: Mighton Engineering Contractor: Collaborative Structures Ltd. Emmanuel Bible College Owner: Emmanuel Bible College Architect: Cannon Designs Civil Engineer: MTE Consultants Inc. Landscape Architect: Roth & Associates Lighting Designer: Mighton Engineering Contractor: Collaborative Structures Ltd. Mr. Vaughn Bender, RBJ Schegel Holdings Inc., presented an update on the preservation and restoration of the Donnenworth (Eby) Heritage House. The restoration project was a priority for RBJ Schegel in moving forward development of the Eby Estates Heritage Community. The original stone structure was lifted and relocated on the 90-acre farm site to become a central feature for the new subdivision. The structure subsequently suffered fire damage as a result of vandalism and while the roof and interior wood framing was destroyed, the outer stone walls remained. Through previously documented photographs and other materials provided by staff, full restoration of the house has been completed to closely mirror its past image and high level designs /architectural guidelines have been established for all homes to be built in the Eby Estates Heritage Community. Members of Councillor congratulated RBJ Schegel on conclusion of an exceptional restoration project and for preserving a piece of the City's built heritage. Messrs. Jim Beingessner, Vice-Chair, and Terry Reidel, Member, Citizens for Better Government (CFBG), attended to present the CFBG's final report entitled `Finding a Better Way....' in which they outline options for change in local municipal governance. The goal of the group's 200 community volunteers was to conduct a positive, constructive, grass roots project and challenge others to think into the future. The delegation put forward three options for change, including: a single-tier model, comprising 26 Councillors plus one mayor and including establishment of unelected community councils to complement and reinforce an elected ward structure; amalgamation of the cities of Kitchener, Waterloo and the Township of Woolwich, with voluntary option for the Townships of North Dumfries, Wellesley and Wilmot to join a larger municipality and continuance of the two-tier system of Regional Government; and, Cambridge as a stand-alone city with all others to become one, the resulting two cities to be one-tier systems and North Dumfries to have the option of joining either Cambridge or the new larger city. The delegation indicated that the single-tier model was preferred and it is proposed that the number of councillors representing Kitchener would be 6 within the single- tier model. It was noted that discussions were held with many different groups and during the course of consultation, they heard from numerous persons that they oppose municipal reform because they fear losing their community's identity. The delegation maintained that this argument has no validity and is based on emotions. It was suggested that CFBG's proposal offers a more equitable balance between rural and urban municipalities and that there is advantage to size in an ability to speak as one voice in respect to development and the changing economy. The delegation recognized that change is difficult and suggested that it requires determination and clear thinking. They asked that Council invite colleagues among the other area municipal councils to sit down to explore common ground and give serious consideration to the work CFBG has undertaken. COUNCIL MINUTES OCTOBER 6, 200$ - 275 - CITY OF KITCHENER Councillor B. Vrbanovic inquired how CFBG was formed. Mr. Reidel responded that it began with a core group who had concerns with difficulties in accessing services among the various municipalities. They decided to study the issue of local governance which began a long and complicated process of interviews, focus groups and other means of consultation. The core group sold memberships, increasing their complement by several hundred members from all parts of the community and the region at large, and together they have spent considerable time to make recommendations on a controversial topic. Councillor Vrbanovic questioned that if a single-tier model is preferred, why the group has put forward two alternative options. Mr. Reidel pointed out that a change requires consensus among all area municipalities and suggested that if only one model was put forward the process would fail. Councillor Vrbanovic pointed out that even if there is political will for change, change will not happen without consent of the Provincial Government and questioned if the delegation had undertaken any dialogue with the senior government and if so, if there was any indication as to their willingness to support agrass-roots solution. Mr. Beingessner advised that discussions have been held with area MPPs and the Minister of Municipal Affairs & Housing, who have with the exception of one MPP, indicated that they are willing to entertain a change; however, they are not prepared to impose change preferring that it be a local consensus of the people and politicians. Councillor K. Galloway commented that one of the reasons Kitchener Council voted to increase the size of their Council in 2010 was to have more voices and a more diverse representation. She questioned the rationale to decrease Kitchener's voice within the single-tier model. Mr. Reidel expressed the opinion that a total of 26 Councillors in a one-tier model would be better; adding that the number 6 proposed for Kitchener is only a suggestion and it would be up to the Council to construct the model to be used. Councillor J. Gazzola commented that this initiative began as a grassroots project, going to the people, but having attended many of the group's meetings, it was his opinion the grassroots were not there given limited attendance of the public and he remained unconvinced that there is a desire for change. He questioned why the status quo was not being put forward as an option. Mr. Reidel stated that the status quo is still an option but is just not being recommended by the CFBG. Mr. Beingessner added that Councils will not know if the status quo is the right way to govern if they do not give consideration to other ways to govern. Councillor Gazzola commented that this is not a burning issue in the public minds given their lack of participation in the group's meetings and in addition, no one from Cambridge favours change. He added that polls have been conducted that indicate a majority still favours the current model. He noted that he had asked the group in their initial meeting to look at the issue from the perspective of the average person on the street and if they could demonstrate that aone-tier model would be more efficient, economically feasible and most importantly, more accountable, he would be in support. Mr. Reidel advised that their proposal was looked at from an economical perspective and it is unlikely to achieve substantial savings; however, he suggested that under the current two-tier model, citizens do not know who is responsible for any given service and in respect to accountability, the current model is inadequate because of its complexity. He acknowledged that there was not a large percentage of public participation but suggested that people are generally disinterested as long as the services they require are provided to their satisfaction. Councillor Gazzola inquired where the group's mandate had come from. Mr. Reidel acknowledged that the group had not been given a mandate by anyone; however, he stated that in a democracy, citizens are not precluded from identifying and pursuing issues of concern. Councillor Gazzola questioned if the group had put forward candidates to run in the last municipal election and / or proposed to do so for 2010 to advance their issues. The delegation advised that they had no plans to do so as it was their opinion the challenge to pursue change ultimately rests with the Councils to decide upon. Mayor C. Zehr advised that Councillor B. Vrbanovic had given notice in accordance with Council's Procedural By-law that he would introduce a motion this date in respect to the CFBG's final report. A motion by Councillor B. Vrbanovic, seconded by Councillor G. Lorentz, was then brought forward requesting that Mayor C. Zehr contact mayors of other local municipalities to plan an informal working group meeting to discuss CFBG's report; the working group to consist of the Regional Chair and two or three members from each local municipality, one of whom shall be the mayor; leading to an all- councils meeting to determine the future actions stemming from the CFBG's final report recommendations. COUNCIL MINUTES OCTOBER 6, 200$ - 276 - CITY OF KITCHENER Councillor Vrbanovic commented that pursuing a `made in Waterloo Region solution' is a better approach to mandatory solutions as seen in the City of Toronto. He agreed that the only way to know if there is a better way to govern is to have dialogue and see where it goes. He acknowledged that the general public is not likely overly interested in this issue; however, he suggested that they expect those who represent them to show leadership on these kinds of issues and allow public debate. Councillor Vrbanovic noted that the proposed motion only requests that area councils have dialogue and suggests a process to allow that to happen. Councillor G. Lorentz pointed out that this issue has been considered in the past, with lots of dialogue but failed because of a lack of political will. He stated that he believed there could be a better way to govern and that dialogue is needed. He agreed with the notion of one voice working to advantage as it would relate to global marketing of the Region and was supportive of this opportunity to take a serious look at the issue of governance. Councillor J. Gazzola expressed the view that while the current model may not be the best, it was better than having one large municipality. He was not opposed to changing within the current model but was of the opinion that with so many other initiatives to deal with, now is not the time to fix what he considered not to be broken. He raised concerns with the issue of accountability, suggesting that under the current model, those who do not know who provides a certain service can still find the answer whereas, under the proposed model it would be difficult to know even where to begin to find an answer. He reiterated that if he could be convinced bigger would be more efficient and accountable he could support it but maintained the status quo should also be a recommended option. Councillor Gazzola advised that he was not prepared to support the motion this date but was willing to work toward what may be required to improve the current model. Mayor C. Zehr stated that it was not his intent to debate the merits of the preferred option this date but rather he was prepared to give serious consideration to the CFBG's report and take up the challenge to encourage dialogue on this issue. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the Mayor of Kitchener contact the Mayors of the other local municipalities and the Regional Chair to plan an informal working group meeting to discuss the recently released report from Citizens for Better Government (CFBG); and further, That such working group consist of two or three members from each local municipality, one of whom shall be the Mayor, along with the Regional Chair, in order to have preliminary discussions and preparations which would lead to an all-councils meeting to determine possible future actions stemming from the CFBG's final report recommendations." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors G. Lorentz, J. Smola, K. Galloway, B. Vrbanovic and C. Weylie Contra: Councillor J. Gazzola Motion Carried. Mr. Ovidiu Ignuta attended in respect to a decision of the Committee of Adjustment, listed as Item 7a) under Unfinished Business on the Council agenda, recommending refusal of Fence Variance Application FN 2008-010 (91 Steepleridge Street). This matter was deferred from the September 15, 2008 Council meeting pending additional information from staff. Mr. Ignuta advised that he had constructed a 1.82m fence, setback 0.24m from the sideyard along Doon South Drive which does not comply with the City's Fence By-law. He asked that the fence be approved as constructed and proposed to provide landscaping between the fence and sidewalk. Councillor K. Galloway advised that this matter was deferred to address the question of whether or not the neighbouring property had received an exemption under Council's grace period for non- compliant fences. She noted that staff has since advised that the neighbouring property did receive a COUNCIL MINUTES OCTOBER 6, 200$ - 277 - CITY OF KITCHENER minor variance approval during that time frame. She added that Mr. Ignuta had previously stated that he did not understand the content of a letter he had received from the City prior to construction of his fence regarding fence regulations and he had built his fence in similar manner to the neighbouring property. In response to Councillor J. Gazzola, Mr. Ignuta acknowledged that he had not contacted anyone at the City for clarification of the content of the letter prior to construction of his fence and he was uncertain as to the exact cost to bring his fence into compliance but was of the opinion it would be more than what he had paid to put up the fence. Moved by Councillor K. Galloway Seconded by Councillor B. Vrbanovic "That the application of Ovidiu and Cornelia Ignuta (FN 2008-010 - 91 Steepleridge Street) requesting legalization of an existing 1.82m (6') high wooden fence located 0.24m (0.78') from the lot line along Doon South Drive (side yard abutting a street) rather than the required 1.5m (4.92'), on Lot 47, Registered Plan 58M-324, 91 Steepleridge Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owners shall submit and receive approval of a landscaping plan for the area between the fence and the lot line, to the satisfaction of the Director of Planning, and shall agree to implement the approved landscaping plan." Carried. Mr. Dan Carli, Chair, Kitchener Public Library Board (KPL), attended in support of Clause 4 of the Finance and Corporate Services Committee report of this date, which recommends a funding proposal for capital improvements to the central library. Mr. Carli advised that the proposal will add additional space and refresh the interior of the existing structure and all renovations will be environmentally friendly. He advocated that a strong central library is needed to support technological change, skills development, literacy and lifelong learning and is a City-wide resource in its support of branch libraries. He asked that Council invest in the community's quality of life by supporting the central library as a vital asset. Councillor J. Gazzola questioned the need for more space given the trend toward more use of technological advances. Mr. Carli stated that there is a strong demand for technology and in particular, the use of computers which do require space; adding that people still enjoy reading a book and the children's programs are always full. Ms. Danya Goldsmith-Milne, Ms. Susan Adam, and Ms. Julia Brown, volunteers and long-time users of the central library, attended in support of Clause 4 of the Finance and Corporate Services Committee report, speaking to the value of the library as a vital resource for lifelong learning and a safe place to gather. On motion by Councillor B. Vrbanovic, seconded by Councillor J. Smola, Clause 4 of the Finance and Corporate Services Committee report was brought forward for consideration to approve a preliminary capital budget of $35,812,000., together with $4M to be raised from a capital fundraising campaign by the KPL and proposed funding sources; and as amended to add in the second paragraph, the phrase `or other capital dollars' following the phrase `the Province's lnvesfing !n Ontario Acf grant allocation', and to delete in its entirety the paragraph which provides that $817,000. be allocated to KPL's base budget. Councillor B. Vrbanovic advised that the revised motion reflects the intent to have staff further investigate funding options that would eliminate the need to advance operating costs. He recognized this as a significant investment that will allow KPL to meet the needs of a growing community and to support future branch libraries. Councillor J. Gazzola requested clarification in respect to the intent of the motion to allow further discussion of other funding sources and in particular, as it relates to development charges. Mr. D. Chapman, General Manager, Financial Services & City Treasurer, advised that it was his understanding that staff had been directed to re-assess the issue of development charges through review of the Development Charges Background Study which would ultimately determine the amount to be allocated. COUNCIL MINUTES OCTOBER 6, 200$ - 27$ - CITY OF KITCHENER Mayor C. Zehr referred to the `funding sources' chart suggesting that the motion be amended to provide that all City funding, except the amount of $32.5M allocated from the Economic Development Investment Fund (EDIF), be referenced as `notional funding, subject to further review'. Mayor Zehr`s suggestion was accepted as a friendly amendment to the motion. Councillor J. Gazzola commented that he was pleased with the direction this project is going in and felt that KPL had done their part in reducing the costs associated with the project. He stated that he could support use of funding from the Province's lnvesfing in Onfario Acf grant, but remained concerned with aspects of the funding proposal, and in particular: deferral of certain KPL capital projects; the intent to run a fundraising campaign; advancement of operating funds which he advised he would not support; fair distribution of development charge funds given the project is directly related to growth; and the issue of Downtown parking expressing the opinion users should pay. Councillor K. Galloway stated that while she agreed that the central library supports library branches, her preference is to support a stronger branch library system within the context of building walkable communities. She pointed out that a majority of growth related challenges come from the south end of Kitchener and her constituents have indicated a desire to focus on branch libraries. She advised that she would not support funding over and above the $32.5M allocation from EDIF for the central library project as it was her opinion that sufficient renovations could be accomplished within that amount and the additional dollars would be better spent on branch libraries. Councillor B. Vrbanovic commented that the $32.5M from EDIF was notionally allocated in 2004, with significant inflationary increases since that time and KPL has worked hard to reduce those costs. He maintained that the City does have a strong branch library system that KPL continues to support, adding that new branch libraries is not just a matter of capital costs but also that of additional operating costs. Mayor C. Zehr advised that he would support the motion, expressing the opinion that it represents a good balance of solutions for the funding required. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That Clause 4 of the Finance and Corporate Services Committee report of this date, as amended, be adopted." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors J. Gazzola, G. Lorentz, J. Smola, B. Vrbanovic and C. Weylie Contra: Councillor K. Galloway Motion Carried. Ms. Lynn MacAulay and Ms. Cathy Middleton, Homelessness and Housing Umbrella Group (HHUG), attended to present an annual Waterloo Region Housing Stability Report Card derived from strategies contained in the group's `All Roads Lead to Home, Homeless to Housing Stability Strategy' document. HHUG is anon-partisan group committed to preventing and reducing homelessness in Waterloo Region and the delegation spoke to the substantive challenges in addressing the issue of homelessness. Mayor C. Zehr advised that notice had been given for any member of the public to speak for or against a by-law to name two private roads on the property 100 Sportsworld Drive to Sportsworld Crossing and Heldmann Road, listed as Items 10 i) and 13 i) on the Council agenda this date. Mr. Jim Heldmann was in attendance to support the street naming by-laws. No other delegations came forward in regard to this matter. COUNCIL MINUTES OCTOBER 6, 200$ - 279 - CITY OF KITCHENER Moved by Councillor K. Galloway Seconded by Councillor C. Weylie "That the by-laws listed as Items 10 i) and 13 i) on the Council agenda, to name two private roads on the property 100 Sportsworld Drive to Sportsworld Crossing and Heldmann Road, be approved for three readings this date." Carried. Mr. Z. Janecki, resident, attended in opposition to Clause 1 of the Finance and Corporate Services Committee report of this date, regarding a new configuration of Ward Boundaries for the 2010 municipal election. Mr. Janecki disagreed with the boundaries proposed for Wards 7 and 8, suggesting that they should be realigned to reflect current boundaries running east-west rather than north-south to maintain historical association of the Forest Heights and Forest Hill communities. Councillor K. Galloway asked the delegation if there was any other reason to revert back to an east- west boundary other than for historical reasons. Mr. Janecki stated that the east-west pattern holds a long standing tradition and he did not see what Forest Heights would have in common with the Belmont /Glasgow / Beechwood areas. He added that it was his opinion development patterns also run in an east-west direction. Mr. B. McColl, representing the Pinegrove Community Association (PCA), also spoke in opposition to Clause 1 of the Finance and Corporate Services Committee report, relative to the proposed boundary between Wards 3 and 4. He stated that the PCA has a long standing association with the Doon South area (Ward 4) but is now proposed to be located in Ward 3 along with the Kingsdale Neighbourhood Association. He noted that this is a departure from what was originally proposed in the initial drafts, as well as from the preferred option presented in June 2008. He stated that the PCA prefers to be located in Ward 4 to maintain a connection with the Grand Hill Neighbourhood Association, Deer Ridge Estate Social Club and Settlers Grove Community Association. Mr. McColl referred to the ward criteria, noting that it speaks to avoidance of fragmenting traditional neighbourhoods. In regard to physical features, he suggested that the Grand River, together with the future pedestrian bridge crossing, is less in distance than the PCA's location from the Kingsdale area. He was also of the opinion that population figures were not accurate and questioned the projected growth in respect to long term implications of the current economic environment. He advised that the 4 groups would like to remain in the same Ward within the Doon area and asked that the current configuration be reconsidered. Councillor G. Lorentz commented that the historical connection between the groups would remain as how they operate has nothing to do with political boundaries. He pointed out that the proposed configuration of Wards 7 and 8 begin in Forest Heights and end in Rockway, neither of whom have anything in common. He suggested that the boundaries would not impact the way in which the groups interact and life would go on as per normal practice. Mr. McColl acknowledged that people have freedom of movement; however, he suggested that artificial boundaries are still a boundary and when connections are severed over time they drift apart. He suggested that a better solution would be to balance the surplus of population in Ward 2 by adding it to Ward 3, which is closer geographically and they would have similar issues. Councillor Lorentz expressed the view that there is, and always will be, differing issues between communities and suggested that they can still work together within the proposed ward boundaries and/or come forward on an individual basis to have issues dealt with. Mr. McColl agreed that there will be differing issues between communities; however, it was his opinion there is still an opportunity to maintain the historical connection of the 4 groups he represents. Councillor J. Gazzola stated that the issues of those residing across the Grand River are different than that of the PCA and agreed with the comments of Councillor Lorentz that the proposed ward boundaries would have no impact to how the groups would operate. On motion by Councillor B. Vrbanovic, seconded by Councillor J. Smola, Clause 1 of the Finance and Corporate Services Committee report was brought forward for consideration. Councillor G. Lorentz spoke in support of the motion, commenting that no concerns had been conveyed to him from the public throughout this process in regard to the proposed configuration of ward boundaries. He expressed the opinion that the public is more concerned with good COUNCIL MINUTES OCTOBER 6, 200$ - 2$0 - CITY OF KITCHENER representation than with the ward boundaries and commended Dr. R. Williams, consultant, for his work on this project. Councillor J. Gazzola also spoke in support, commenting that it is impossible to fit the whole of the City within the criteria but what is proposed comes very close and it is incumbent that the decision be made objectively. Councillor B. Vrbanovic referred to issues related to the Stanley Park Neighbourhood Association and the Bridgeport neighbourhoods, acknowledging that there is no realistic alternative that makes sense and supported the proposed configuration as the best solution at this time. Councillor K. Galloway advised that while she remained concerned with the population differentials, she would support the motion on the basis that everything has been done that can be at this time. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That Clause 1 of the Finance and Corporate Services Committee report of this date be adopted." Carried Unanimously. Mayor C. Zehr advised that several delegations were in attendance to speak to Clause 8 of the Development and Technical Services Committee report of this date, which recommends endorsement in principle of the Draft Official Plan Amendment for Doon South (Phase 2) Community, draft conditions of approval for Subdivisions 30T-06203, 30T-07202, 30T-07203, 30T-07204 and the proposed draft zoning by-laws; as appended to Development and Technical Services Department report DTS-08-157. The intent of the endorsement reflects matters in agreement between the City and the appellant developers through the Ontario Municipal Board (OMB) mediation process. Mr. David Wellhauser, Waterlooians representative, spoke in opposition to Clause 8, expressing the opinion that endorsing these matters was premature and would bias the outcome of the OMB process. He suggested that as these applications were appealed to the OMB by the developers prior to completion of the necessary studies, the City should request dismissal of the appeals and ask for costs. His concerns related to: stronger direction to protect groundwater; servicing and loss of water volume; urban sprawl; inclusion of area landowners; infrastructure deficit; and, questions of sustainability of growth management practices contained in the Province's Places to Grow Plan. Mr. Wellhauser asked that the staff report be received as information only and the City take steps to negotiate conservation of the Doon South area. Dr. Dean Fitzgerald also spoke in opposition to Clause 8, in respect to the impact of development to fish species in the Blair Creek. Dr. Fitzgerald raised concerns respecting: incomplete studies, in particular, as they relate to the Fisheries Act and unclear consequences of development; the process of public involvement; the Functional Drainage Plan; closed nature of mediation sessions; and, alleged lack of qualifications /expertise of staff to continue mediation. He suggested that the planning process was moving forward at a rapid pace and questioned how issues would be fully vetted and how the OMB process would move forward in a reasonable manner. He asked that the staff report be tabled until all studies have been completed and an opportunity given for full discussion. Councillor C. Weylie noted that the Committee had amended Clause 8 to provide that Council request the OMB to provide an opportunity for the public to attend the hearing and make submissions; questioning if that addresses Dr. Fitzgerald's concerns regarding public involvement. Dr. Fitzgerald suggested that it would be a situation where the public may be permitted to address the hearing but the decision would already be made. He questioned how issues can be resolved if citizens are included in the last stage of the process. Councillor B. Vrbanovic asked the delegation if he understood that the City is in the position it is today not because of its own actions but rather because the developers chose to exercise their rights in appealing to the OMB. He added that the City agrees that the studies need to be completed and pointed out that the City has no control over the OMB process. Dr. Fitzgerald agreed that the situation is due to the developers appealing to the OMB; however, he questioned endorsement of report DTS-08-157 if the study documents are not satisfactorily complete. He stated that the study COUNCIL MINUTES OCTOBER 6, 200$ - 2$1 - CITY OF KITCHENER documents are required under the Fisheries Act and the City should demand the OMB ensure satisfactory assessment of them. Mr. J. Willmer, Interim General Manager, Development and Technical Services, advised that analysis of the Functional Drainage Study has involved the expertise of both Regional staff and staff of the Grand River Conservation Authority (GRCA). Mr. G. Murphy, Director of Engineering, advised that the planning process has not proceeded at a rapid pace having been ongoing since 2003. A working committee was established, including Regional and GRCA staff who provided significant input during review of the study documents prepared by Stantec. The review also included representations by the landowners and consultants working on behalf of the landowners. The study today provides sufficient data to serve as an implementation strategy as it relates to Stormwater management; and provides risk management and adaptive management strategies for the purpose of monitoring development as it takes place to ensure the strategies in place work and are modified as needed. Mr. Murphy advised that all parties have agreed to this approach. He acknowledged that the studies are incomplete and pointed out that this is the reason why these matters are going forward to the OMB. He added that he understood the public concerns as expressed and advised that the final product would be made public through the OMB approval process. Councillor J. Gazzola inquired if the mediation process was open to the public. Ms. Fiona McCrea, Assistant City Solicitor, advised that mediation is not open to the public but rather involves the parties to the hearing. She stated that broad public notice was given for the original hearing and a number of public attended the pre-hearing in September 2007 asking for party status. Issues were addressed for all but two members of the public with those who's issues were resolved withdrawing their party status. She maintained that the public has had opportunity to participate in the OMB process and pointed out that the developers appealed their applications to the OMB prior to the normal public meeting that the City would have otherwise held. She added that the public still has opportunity to ask for party status by attending the pre-hearing /hearing and re-iterated that the recommendation also ask Council to request the OMB to allow the public to participate and make submissions. Councillor Gazzola inquired as to the impact of Council accepting the report as information versus endorsement. Ms. McCrea advised that endorsement confirms for the OMB that the results of mediation has produced agreement among the parties involved as to certain issues and thereby has reduced the number of issues to be considered at the hearing. She added that the recommendation provides that staff continue mediating to resolve outstanding issues. Ms. McCrea stated that if not endorsed, the risk would be that the OMB would not allow further mediation and would instead proceed to a full hearing. Councillor K. Galloway inquired if the City is bound by the agreement reached to date. Ms. McCrea advised that Council is being asked to endorse the agreement in principle and it is anticipated that there will be changes as outstanding issues are worked through. She added that any changes arising from further consideration of outstanding issues would be reflected in the agreement. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 8 of the Development and Technical Services Committee report of this date be adopted." Carried Unanimously. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor G. Lorentz Seconded by Councillor J. Gazzola "That Tender T08-076, Slurry Seal Resurfacing, be awarded to MSO Construction Limited, Etobicoke, Ontario at their tendered price of $163,249.32, including G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." COUNCIL MINUTES OCTOBER 6, 200$ - 2$2 - CITY OF KITCHENER -and- "That Expression of Interest E08-072, Consultant Services -Class Environmental Assessment & Preliminary Design for Springdale Sanitary Sewer Pumping Station Replacement, be awarded to MTE Consultants Inc., Kitchener at their estimated fee of $80,774.28, including a contingency of $6,990.50 and G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Director of Purchasing be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Council considered Development and Technical Services Department addendum report DTS-08-143 (J. McBride), relative to Clause 9 of the report dealing with traffic calming on Clark Avenue. The staff recommendation was referred to Council for consideration pending additional information concerning the cost of permanent installation versus temporary installation of five speed humps, as well as, the cost of permanent and temporary street closure. The addendum report recommends the original staff recommendation be revised to provide that the speed humps be constructed with permanent materials on a temporary basis until completion of Clark Avenue reconstruction, at which time they will be re-installed. Councillor B. Vrbanovic commented that it was his understanding that the intent of installing temporary speed humps was that at the end of the process the City would actually own the units that could be used for trial purposes elsewhere. He suggested that for the minimal extra costs it would make sense to purchase the temporary units as an asset for future use. Mayor C. Zehr questioned if traffic speeds could be lowered on a temporary basis using fewer speed humps. Mr. K. Carmichael advised that proper spacing is required for the units to be successful, with too short or too long allowing speeds to increase. It was felt that the number recommended would meet the objective. Councillor J. Gazzola stated that he would be satisfied going with temporary units; however, raised concerns with respect to their life expectancy and suggested that as the costs are similar it would be safer to have permanent speed humps installed. Mr. Carmichael was asked to clarify the difference between temporary and permanent units. He stated that there is no temporary unit that mirrors permanent units and the design of temporary units has greater physical impact on motor vehicles. He stated that from staff's perspective it does not make sense to install an inconsistent design from the type of unit to be ultimately installed because of driver expectation. On motion by Councillor J. Gazzola, seconded by Councillor G. Lorentz, it was agreed to amend Clause 9 of the report by deleting the clause in its entirety and replacing it with the recommendation contained in addendum report DTS-08-143, dated September 30, 2008. Council then considered Clause 10 of the Development and Technical Services Committee report, dealing with a request to endorse a partnership with the University of Waterloo School of Architecture on a final application for the Social Sciences and Humanities Research Council of Canada's Community -University Research Alliances Program (SSHRC -CUBA) grant proposal `Building Design Culture in Mid-sized Cities' and commitment of up to $30,000 (cash or in-kind) per year over the five-year period 2009-2013. This matter was referred to Council for consideration this date pending additional information from staff pertaining to the amount each party is contributing to this project. Councillor J. Gazzola requested clarification of the funding and what the City is to benefit from this project. Mr. J. Willmer advised that each participating municipal partner is being asked to commit up to $30,000. (cash or in-kind) over afive-year period and the School of Architecture is committing COUNCIL MINUTES OCTOBER 6, 200$ - 2$3 - CITY OF KITCHENER $150,000. per year. He stated that the total of combined research is anticipated to leverage approximately $5M. He added that the research is to be specific to municipal interests and the City will benefit from a collaborative approach having ability to review and make use of studies undertaken by other municipal partners. Mr. Willmer expressed the opinion that it will be good value for the investment, pointing out that the City has no capacity to otherwise undertake such research. Councillor Gazzola enquired as to the City's expectation of the project. Mr. Willmer advised that one of the key interests of the City of Kitchener is to understand how comparable communities have used architectural or design review panels to achieve a high quality of building design in private sector development proposals, and how current best practices may be applied in our community. Councillor Gazzola requested clarification of the amount to be contributed by the Federal Government. Mr. R. Regier, Executive Director of Economic Development, advised that the Federal Government is to contribute $1 M to the project over the five-year period. On motion by Councillor C. Weylie, seconded by Councillor J. Gazzola, it was agreed to amend Clause 10 of the report by deleting the referral paragraph. The report of the Development and Technical Services Committee was then voted on Clause by Clause. Clause 8 - Dealt with under Delegations and Carried Unanimously. Clauses 9 & 10 -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." In respect to Clause 4 of the report dealing with issues related to parked vehicles during snow clearing events, Mayor C. Zehr requested clarification related to towing of vehicles. Mr. S. Turner advised that the feasibility of friendly tows and/or relocating vehicles to a side street will be further reviewed by staff and suggested that the issue be addressed in a subsequent report to come forward on parking fines at the October 20, 2008 Finance & Corporate Services Committee meeting. Councillor G. Lorentz advised that staff has requested an amendment to Clause 4 of the report to add to the second paragraph the word "policy" so that the beginning phrase reads: "That a policy with respect to....". Council agreed to staff's request. The Community Services Committee report was then voted on clause by clause. Clause 3 - Dealt with under Delegations and Carried. Clause 4 -Carried, as Amended. Balance of report -Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the report of the Finance and Corporate Services Committee be adopted. Councillor J. Gazzola spoke in opposition to Clause 10 of the report, dealing with an amendment to Council Policy II-270 to prohibit smoking within 9 metres of the entrance to City owned/operated facilities, as it was his opinion it is an unnecessary amendment. The Finance and Corporate Services Committee report was then voted on clause by clause. COUNCIL MINUTES OCTOBER 6, 200$ - 2$4 - CITY OF KITCHENER Clause 1 - Dealt with under Delegations and Carried Unanimously. Clause 4 - Dealt with under Delegations and Carried, as Amended, on a recorded vote. Clause 10 -Carried. Balance of report -Carried. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the report of the Audit Committee be adopted." Carried. Council agreed to the request of Mr. R. Gosse, City Clerk, to add three additional by-laws for three readings this date, being two zoning amending by-laws relative to Clauses 6 and 11 of the Development and Technical Services Committee report; and a by-law to adopt the new Ward Boundaries for the 2010 municipal election relative to Clause 1 of the Finance and Corporate Services Committee report. Moved by Councillor K. Galloway Seconded by Councillor C. Weylie "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (d) Being a by-law to exempt certain lots from Part Lot Control -Part Block 76, Registered Plan 58M-387 - Waterbend Crescent. (e) Being a by-law to exempt certain lots from Part Lot Control -Lot 23, Registered Plan 58M-435 -Huck Crescent. (f) Being a by-law to provide for the establishing and laying out of part of Mahogany Street as a public highway in the City of Kitchener. (g) Being a by-law to provide for the establishing and laying out of part of Westmeadow Drive as a public highway in the City of Kitchener. (h) Being a by-law to provide for the establishing and laying out of part of Deer Ridge Drive and Longview Crescent as public highways in the City of Kitchener. (i) Being a by-law to name private roads as Sportsworld Crossing Road and Heldmann Road in the City of Kitchener. (j) To confirm all actions and proceedings of the Council. (k) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -City of Kitchener Housekeeping Amendment. (I) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the GPM Managed Investments Inc. -King Street East. COUNCIL MINUTES OCTOBER 6, 200$ - 2$5 - CITY OF KITCHENER (m) Being a by-law to establish the Wards in the City of Kitchener. 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 B. Vrbanovic as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway "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 K. Galloway Seconded by Councillor C. Weylie That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. tBy-law No. 2008-157) (b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. tBy-law No. 2008-158) (c) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. tBy-law No. 2008-159) (d) Being a by-law to exempt certain lots from Part Lot Control -Part Block 76, Registered Plan 58M-387 - Waterbend Crescent. tBy-law No. 2008-160) (e) Being a by-law to exempt certain lots from Part Lot Control -Lot 23, Registered Plan 58M-435 -Huck Crescent. tBy-law No. 2008-161) (f) Being a by-law to provide for the establishing and laying out of part of Mahogany Street as a public highway in the City of Kitchener. tBy-law No. 2008-162) (g) Being a by-law to provide for the establishing and laying out of part of Westmeadow Drive as a public highway in the City of Kitchener. tBy-law No. 2008-163) COUNCIL MINUTES OCTOBER 6, 200$ - 2$6 - CITY OF KITCHENER (h) Being a by-law to provide for the establishing and laying out of part of Deer Ridge Drive and Longview Crescent as public highways in the City of Kitchener. tBy-law No. 2008-164) (i) Being a by-law to name private roads as Sportsworld Crossing Road and Heldmann Road in the City of Kitchener. (j) To confirm all actions and proceedings of the Council. tBy-law No. 2008-165) tBy-law No. 2008-166) (k) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -City of Kitchener Housekeeping Amendment. tBy-law No. 2008-167) (I) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the GPM Managed Investments Inc. -King Street East. (m) Being a by-law to establish the Wards in the City of Kitchener. tBy-law No. 2008-168) tBy-law No. 2008-169) be taken as read a third time, be finally passed and numbered serially by the Clerk. Carried. On motion, the meeting adjourned at 11:59 p.m. MAYOR CLERK COUNCIL MINUTES OCTOBER 6, 200$ - 2$7 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That consideration of the following recommendation contained in Corporate Services Department report CRPS-08-152, be referred to the Development and Technical Services Committee meeting of October 20, 200$, pending a report from staff on whether there is any duplication between the work of Community Renewable Energy Waterloo (CREW) Power Saving Network and the Residential Energy Efficiency Project CREEP): `That Kitchener-Wilmot Hydro be encouraged to support Community Renewable Energy Waterloo (CREW) Power Saving Network as a means of promoting energy conservation.' 2. That the City re-enter into an agreement between the Province of Ontario and the Cities of Cambridge, Kitchener and Waterloo regarding the operation of a joint Provincial CBRNE/ Hazardous Materials Level 2 team and that the Mayor and Clerk be authorized to sign such Agreement, subject to the satisfaction of the City Solicitor. 3. That a temporary School Bus Loading Zone be established on the west side of Block Line Road from a point 18 metres south of Hanover Street to a point 65 metres south thereof; and that the Uniform Traffic Bylaw be amended accordingly. 4. That the City of Kitchener acknowledge that GPM Managed Investments proposes to name private roads within the Sportsworld Crossing development; and, That, in the interest of providing clear locational information to emergency service providers, it is preferable to establish a system of coherent civic addresses and public way-finding for the purpose of road naming; and, That a by-law be passed, to allow the naming of two private roadways within the Sportsworld Crossing commercial /office development as Heldmann Road and Sportsworld Crossing Road as shown on a sketch attached to Development & Technical Services Department report DTS- 08-153, notwithstanding any City policy; and further, That the design and location of signage for the proposed roadways be approved by the City's Director of Transportation Planning in consultation with the City's Supervisor of Site Plan Development. 5. That four (4) speed humps be installed on Kinzie Avenue between Weber Street East and River Road East. 6. That Zone Change Application ZC08/04/K/JVW for the purpose of changing the zoning from Arterial Commercial (C-6) with Special Use Provision 6U (4370 King Street East) and Arterial Commercial (C-6) (4326 King Street East) to Commercial Campus (C-8) with Special Regulation Provision 449 on lands legally described as Part of Lots 8 and 9, Beasley's Broken Front Concession, Plan 58R-12238, municipally known as 4326 King Street East (formerly Flooring & Flooring) in the City of Kitchener, and Part of Lots 8 and 9, Beasley's Broken Front Concession, Plan 58R-4991, municipally known as 4370 King Street East (currently McDonalds) in the City of Kitchener be approved in the form shown in the "Proposed By-law" dated September 15, 2008, attached to Development and Technical Services Department report DTS-08-146. 7. That Demolition Control Application DC07/08/M/AP requesting permission to demolish one single detached dwelling located at 20 Maple Hill Drive, owned by Stalex Enterprise Ltd., legally described as Lot 3, Plan 877, be approved, subject to the following conditions: 1) That the owner obtains a building permit for the proposed single detached dwelling; and, 2) That upon satisfaction of condition 1, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: COUNCIL MINUTES OCTOBER 6, 200$ - 2$$ - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CON'TD) (Cont'd) In the event that construction of the new dwelling is not substantially complete within 2 years of the date of issuance of the demolition permit, the City Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. That Council endorse in principle the draft Official Plan Amendment for Doon South (Phase 2) Community, draft conditions of approval for Subdivisions 30T-06203, 30T-07202, 30T-07203, 30T-07204 and the proposed draft zoning by-laws, all as appended to Development and Technical Services Department report DTS-08-157, to the extent they reflect matters in agreement between the City and the Appellant Developers (Monarch Corporation Limited, Hallman Construction Limited and Activa Holdings Corporation) through the Ontario Municipal Board mediation process, subject to any modifications or additions to be made following further mediation; and, That Council directs staff to continue mediation to resolve the outstanding issues and appear on behalf of the City of Kitchener at the hearing of the appeals of the above noted planning applications before the Ontario Municipal Board to represent City interests in accordance with such further and other instructions Council may provide; and further, That Council requests that the Ontario Municipal Board provide an opportunity for members of the public to attend the hearing and make submissions. (Dealt with under Delegations and Carried Unanimously) 9. That five (5) speed humps be installed on Clark Avenue between Wilson Avenue and Siebert Avenue; and further, That they be constructed with permanent materials on a temporary basis, until the completion of Clark Avenue reconstruction, at which time they will be reinstalled. (Carried, as Amended) 10. That the City of Kitchener endorse a partnership with the University of Waterloo School of Architecture on a final application for the SSHRC-CUBA grant proposal "Building Design Culture in Mid-Sized Cities" and commit up to $30,000 (cash or in-kind) per year over the five year period 2009-2013; and further, That City staff write a letter of support confirming those matters set out in the attachments to Development and Technical Services Department report DTS-08-158. (Carried, As Amended) 11. That Zone Change Application ZC08/21/COK/BB for the purpose of housekeeping changes to Zoning By-law 85-1, concerning common element condominiums under Section 5.21 B and the definition of "Street Townhouse Dwelling" under section 4.2, be aggroved, in the form shown in "Proposed By-law" dated August 22, 2008, attached to Development and Technical Services Department report DTS 08-129, without conditions. COMMUNITY SERVICES COMMITTEE - 1. That Settler's Grove Community Association be approved as an affiliated group under the City's Neighbourhood Association Affiliation policy; and further, COUNCIL MINUTES OCTOBER 6, 200$ - 2$9 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 1. (Cont'd) That Settler's Grove Community Association be added as an insured group under the City's Third Party Liability Insurance program. 2. That the Bridgeport Community Centre (BCC) expansion business case, as attached to Community Services Department report CSD-08-068, prepared by Monteith Brown Planning Consultants and Green Propeller Design, dated August 26, 2008, be approved; and, That the proposed building expansion and renovations, outlined in the BCC expansion business case, be implemented using a phased development approach; and, That, subject to 2009 Capital budget deliberations, phase 1 of the proposed community centre expansion be implemented in 2009; and, That, subject to 2009 Capital budget deliberations, phase 2 of the proposed community centre expansion be budgeted for in 2015; and further, That prior to the implementation of phase 2, staff review the BCC expansion business case and the needs in the community to ensure that the information and recommendations contained in the business case are still relevant. 3. That the outstanding debt from the City's participation in the 2005 International Children's Games in Coventry England, in the amount of $10,087., be funded from the Minor Sports Discretionary fund; and, That in cooperation with the KW Sports Council, a Kitchener delegation be registered on an annual basis to attend future International Children's Games, subject to the approval of the General Manager of Community Services, ongoing community participation and pending the development of a community volunteer organization to support and assist in the management of the event; and further, That funding be allocated on an annual basis, through the Community Services Department budget to support one staff person to attend a maximum of one event per year, to act as the City of Kitchener representative responsible for the City's team at future International Children's Games. (Dealt with under Delegations and Carried) 4. That a by-law be enacted to amend By-law 2007-138 to prohibit parking on any City street when a significant snow event is declared, or during snow loading activities; and further, That a policy with respect to declaring snow events, as well as issuing parking tickets and towing vehicles during a snow event, be prepared and presented to Council for their consideration. (Carried, As Amended) FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That the Ward Boundary configuration recommended by Dr. R. Williams in his report entitled, `2008 Ward Boundary Review Final Report Addendum', dated September 2008, be adopted as the ward boundaries to come into effect in 2010; and further, That a By-law be prepared for the October 6, 2008 regular Council meeting to enact the adopted ward boundaries in accordance with the Municipal Act. (Dealt with under Delegations and Carried Unanimously) COUNCIL MINUTES OCTOBER 6, 200$ - 290 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 2. That the draft policy entitled `Code of Conduct for members of Council, Local Boards and Advisory Committees', attached to Corporate Services Department report CRPS-08-158, be approved, as amended to change the value of any individual gift or benefit required to be reported from $500. to $100., and the total value from any one source over 12 months from $5,000. to $300., and to add provision that under no circumstance should a gift of cash of any amount be accepted by a member of Council; and, That the law office of GJ Levine be retained as the City's Integrity Commissioner for one year with an option for a second year, subject to the City and the firm entering into an agreement to the satisfaction of the City Solicitor; and, That staff be directed to establish an Integrity Commissioner budget in the amount of $10,000. for the 2009 budget; and, That the discretionary appointments contained in Part V.1 of the Municipal Act (Accountability and Transparency) being: an Ombudsman, an Auditor General and Lobbyist Registrar not be appointed at this time; and, That the Accountability and Transparency Policy, dated December 10, 2007, be amended by including a clause that the question of the appointments of an Ombudsman, Auditor General and Lobbyist Registrar, be reviewed each term of Council; and further, That the review of the Procedural By-law as mandated to the Accountability and Transparency Committee be undertaken by staff and Council in 2009. 3. That the fee per bingo event being charged to organizations conducting bingo in Kitchener be increased from $120. to $125. for licences coming into effect January 1, 2009; and further, That the fee per bingo event being charged to organizations conducting bingo in Kitchener be increased from $125. to $130. for licences coming into effect January 1, 2010. 4. That a preliminary capital budget of $35,812,000., together with $4,000,000. to be raised from a capital fundraising campaign by the Kitchener Public Library Board (KPL), as outlined in Financial Services Department report FIN-08-097and KPL report dated September 17, 2008, be approved, for a modified "Option 2 (Phased)" Central Library project, funded as follows: Cost Reduction Strategies Reduction in Parkin Costs $3,808,000 Modification of Desi n Features $1,000,000 Total Cost Reductions $4,808,000 Revised Project Costs after Reductions Ori final Project Costs (in 2010 dollars $44,620,000 Cost Reductions $4,808,000 Revised Project Costs $39,812,000 COUNCIL MINUTES OCTOBER 6, 200$ - 291 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 4. (Cont'd) Funding Sources Economic Develo ment Investment Fund $32,500,000 Nofional funding sources subjecf fo further review: Deferral of Other KPL Ca ital Pro'ects $1,150,000 Develo ment Char es $528,000 Advancement of KPL Operating Budget (total for 2 ears $1,634,000 Sub-Total $35,812,000 KPL Ca ital Fundraisin Cam ai n + $4,000,000 Total Fundin $39,812,000 and, That City Finance staff report to a future Finance & Corporate Services Committee meeting as to the feasibility of using a portion of the Province's lnvesfing in Onfario Acf grant allocation or other capital dollars to fund advancement of the KPL operating budget over the 2 year construction period; and, That the approved capital forecast be adjusted by reallocating $1.15 M to the Central Library project, $450,000. in 2012 from phase 2 of the Radio Frequency Identification Technology project, and $500,000. in 2013 and $200,000. in 2014 from the Library Automation System Replacement project; and, That an addition of $500,000. for the Library Automation System Replacement be referred to the 2009 capital budget process for inclusion in KPL's 2018 capital forecast; and, That City Finance staff include forecast growth related expenditures for a Central Library in the 2009 Development Charges Background Study; and, That an advancement of $1.1 M be approved from the Economic Development Investment Fund from 2010 to 2009 for pre-construction funding; and, That, working with City Purchasing staff, KPL be authorized to issue separate Requests for Proposals for architectural services and project management consulting, and seek Council's pre-approval of these expenditures prior to awarding the contracts, and, That KPL propose a final construction budget to Council when cost estimates have been further refined during the design phase; and further, That KPL keep Council and the public advised of progress with the project through established channels of communication. (Dealt with under Delegations and Carried, as Amended, on a recorded vote) 5. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Bethany Evangelical Missionary Church for their annual Christmas Pageant from December 4 to December 7, 2008, between the hours of 6:00 P.M. and 9:00 P.M., daily. 6. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to permit the Community Services Department, through an independent contractor, to undertake cleaning of the streets and sidewalks in the Downtown Core between the hours of 10:00 PM and 6:00 AM between October 5 and October 10, 2008. COUNCIL MINUTES OCTOBER 6, 200$ - 292 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 7. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Wayne LeDrew at 67 Cedar Street North for a party to be held at his residence between the hours of 8:00 PM and 1:00 AM on October 11, 2008. 8. That subject to consideration during the 2009 budget deliberations, $25,000. be allocated to the Waterloo Region Green Solutions, Residential Energy Efficiency Project CREEP), as part of the Environmental Committee's 2009 operating budget. 9. That Council Policy I-590 (Grant Program -Community Environmental Improvement) be amended to repeal and replace Section 3 (Grant Criteria) and Section 4 (Grant Submission Process) with the revised criteria and submission process, as outlined in Corporate Services Department report CRPS-08-151; and further, That staff be directed to undertake a review of the Community Environmental Improvement Grant program to determine if the program continues to effectively meet its overall objectives and to identify options for moving forward. 10. That Council Policy II-270 be amended to prohibit smoking within 9 metres of the entrance to any building under the jurisdiction of the City of Kitchener, effective January 26, 2009; and further, That the City's list of Prohibited Activities relating to City facilities be amended to include smoking within 9 metres of the entrance to any building under the jurisdiction of the City of Kitchener. 11. That notwithstanding the resolution adopted by Council on June 23, 2008 regarding an annual fee for encroachment agreements, pursuant to Corporate Services Department report CRPS- 08-093, the annual encroachment fee will not apply to existing and future agreements relating to encroachments on City road allowances. AUDIT COMMITTEE - 1. That Internal Audit staff continue as planned to follow arisk-based approach to capture significant risks across the Corporation for the purposes of managing the corporation's risks and implementing appropriate mitigation plans; and That no action be taken to prepare an annual report to the Audit Committee regarding the obligations of the City under various Acts showing if the City has met its obligations. COUNCIL MINUTES OCTOBER 6, 200$ - 293 - 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. Encroachment Agreement -Retaining Wall and Existing Fence - 32 Guelph Street Council considered Corporate Services Department report CRPS-08-166 (J. Sheryer), dated October 1, 2008. It was resolved: "That subject to obtaining minor variance approval for an exemption from Chapter 630 (Fences) of The City of Kitchener Municipal Code for the existing 6' 2" fence, the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner(s) of the property municipally known as 32 Guelph St. (PIN 22330-0147 LT), to legalize the retaining wall and the existing 6' 2" high wooden fence built primarily upon the 2' 8" high wooden retaining wall which together encroach approximately 12' 3", more or less, onto the Dekay St. road allowance." 3. Encroachment Agreement -Existing Fence - 2 Marcon Court Council considered Corporate Services Department report CRPS-08-162 (J. Sheryer), dated September 25, 2008. It was resolved: "That subject to obtaining minor variance approval for an exemption from Chapter 630 (Fences) of The City of Kitchener Municipal Code for the existing 2.16m fence, the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner(s) of the property municipally known as 2 Marcon Crt. (PIN 22727-0373 LT), to legalize the existing 2.16m high (at highest point) wooden fence which front portion of the fence encroaches approximately 1.4m, more or less, onto the Williamsburg Rd. road allowance and the rear portion of the fence encroaches approximately 2.2m, more or less, onto the Williamsburg Rd. road allowance for a length of approximately 17.5m, more or less." 4. Dog Designation Appeal Committee -Decision Council considered Corporate Services Department report CRPS-08-153 (C. Goodeve) dated September 16, 2008. It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Hanna and Andy Constantinou, wherein the Committee substitutes the Dangerous Dog Designation applied to their dog `D.D.' by the Kitchener-Waterloo and North Waterloo Humane Society with a Potentially Dangerous Dog Designation and assigns conditions for the keeping of said dog, be ratified and confirmed." COUNCIL MINUTES OCTOBER 6, 200$ - 294 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Committee of Adiustment -Decision Council considered Corporate Services Department report CRPS-08-165 (D. Gilchrist) dated October 1, 2008, concerning a fence variance for 913 Woodbine Court. Councillor K. Galloway noted that the opinion statements applied to the Committee's decision, as referenced in the September 16, 2008 Committee of Adjustment minutes attached to report CRPS-08-165, are written in the negative yet the decision is to approve the fence variance and Mr. J. Willmer agreed that the opinions should have been written in the affirmative. It was resolved: "That the application of Patti Duench and Andrew Sutherland (FN 2008-011 - 913 Woodbine Court) requesting permission to erect a 1.52m (5') high wooden fence to be located a minimum of 0.6m (2') from the exterior side lot line (side lot line abutting Woodbine Court) rather than the required 1.52m (5'), on Lot 169, Registered Plan 58M- 374, 913 Woodbine Court, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the location of the wooden fence, as approved in this application, shall be as shown in appendix (a) and (c) attached to this application; save and except that no part of the fence shall be closer to the lot line than 0.6m (2') and that the owners shall provide a 4.57m (15') driveway visibility triangle at the lot line abutting 935 Woodbine Court. 2. That the owners shall submit and receive approval of a landscaping plan for the area between the fence and the lot line, to the satisfaction of the Director of Planning, and shall agree to implement the approved landscaping plan." 6. Purchase of Lands -Ontario Realty Corporation - Glasgow Street Realignment Council considered this date Corporate Services Department report CRPS-08-167 (F. McCrea), dated October 2, 2008. It was resolved: "That the Mayor and Clerk be authorized to execute an Agreement of Purchase and Sale between the Corporation of the City of Kitchener and Ontario Realty Corporation as Agent for Her Majesty the Queen in Right of Ontario as Represented by The Minister of Public Infrastructure Renewal, to purchase the lands described as Part Lot 39, GCT, former Geographic Township of Waterloo, now City of Kitchener, more particularly described as Part 1 on Reference Plan 58R-16315, on terms and conditions satisfactory to the City Solicitor."