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HomeMy WebLinkAboutCouncil - 2009-01-26COUNCIL MINUTES JANUARY 26, 2009 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 Crystal borscht, King School of Vocal. On motion by Councillor K. Galloway, the minutes of the regular meeting held January 12, 2009 and special meetings held January 12 & 19, 2009, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Mayor C. Zehr noted that representatives from A.R. Kaufman Public School had registered to make a presentation but were not in attendance at the meeting this date. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. In regard to Tender T08-104 (6 Wheel Cab over Cab & Chassis with Centre Line Striping Platform System), Engineering staff agreed to provide Council with additional information concerning new technologies that enable the City to replace two vehicles with one. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That a request from Project Administration and Project Management be approved to proceed with a prequalification process to select a minimum of six (6) Electrical and six (6) Mechanical Contractors to be used for the re-development of the Central Maintenance Facility." -and- "That Expression of Interest E08-103, Consultant Services -Review and Update City of Kitchener Subdivision Manual, be awarded to Philips Engineering Ltd., Burlington, Ontario at their estimated fee of $72,585.98, including a contingency of $6,285.50 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." -and- "That Tender T08-060, Construction -McLennan Bike Park, be awarded to Moser Outdoor Maintenance Inc., Waterloo at their tendered price of $255,919.82, including provisional items and contingencies of $13,100. 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 Expression of Interest E08-101, Consultant Services -McLennan Park Phase II Development, be awarded to The Walter Fedy Partnership, Kitchener at their estimated fee of $185,747.63, including a contingency of $10,400. 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 Tender T08-104, Six Wheel Cab over Cab & Chassis with Centreline Striping Platform System, complete to specification CKF-22-2008, be awarded to Linetech Design and Mfg. Ltd., St. Catharines, Ontario at their tendered price of $261,685.40, including P.S.T. & G.S.T." Carried. COUNCIL MINUTES JANUARY 26, 2009 - 25 - CITY OF KITCHENER John and Sherry Thomson, applicants, attended in support of the decision of the Committee of Adjustment concerning Fence Variance Application, Submission No. FN 2009-001 (280 The Country Way), listed as Item B.6 of the Committee of the Whole agenda this date. Moved by Councillor K. Galloway Seconded by Councillor G. Lorentz "That the application of Sherry & John Thomson (FN 2009-001 - 280 The Country Way) requesting legalization of a 1.52m (5 ft.) high fence located in the same position as the existing fence, being Om from the side lot line along Colony Drive rather than 1.52m (5'), on Part Lot 308, Registered Plan 1416, being Part 1, Reference Plan 58R-3891, 280 The Country Way, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall provide a 4.57 (15') driveway visibility triangle. 2. That the owner shall reduce the height of the board portion of the fence so that the fence shall consist of 1.21m (4') of board topped by 0.3m (1') of wooden lattice, for an overall fence height of 1.52m (5')." Carried. Ms. Frances Brecko, resident, attended to convey concerns with respect to the City's 2009 property tax increase. She referred to media reports that suggest property taxes will go up by 8%, being 4% from the City and 4% from the Region of Waterloo. She stated that this is not acceptable given many like her are pensioners who will receive only a 1% inflationary increase and will have difficulty making ends meet in the current recessionary climate. Mayor C. Zehr clarified that the average property tax increase is not calculated by simply adding the two percentages together. Mr. D. Chapman added that the City's tax rate increase is 3.98% and the Region's 3.15%, with the average increase to households equating to approximately 3.3% over 2008. Ms. Brecko also raised concerns with property utility rate increases, questioning how the City can do so while making a profit on their utility. Mayor Zehr advised that water and sewer rates are considered separately and rate increases are based on recovery of operating costs. Councillor J. Gazzola commented that the delegation raises valid concerns as there are many seniors in similar positions, as well as many who are losing their jobs. He suggested that the City could do better, especially in respect to reducing water and sewer rate increases. Mayor C. Zehr advised that a number of individuals were in attendance to speak to Clause 3 of the Development and Technical Services Committee report of this date, dealing with the Kitchener Growth Management Strategy (KGMS), dated January 2009. In particular, concerns had been raised in respect to Goal 6 -Action #3 of the KGMS which suggests there may be merit in identifying an urban reserve in Kitchener beyond 2029 and that the southwest portion of the City could be a candidate area. Action 3 provides that no action would be taken until a commitment is made to construct a Great Lake water supply and it is clear there are no conflicts with the Regional Official Plan (ROP); and more information on environmental constraints, servicing opportunities, transportation options, long-term intensification objectives and other matters would also be required. Ms. Deb Swidrovich spoke in opposition to Goal 6 -Action #3, expressing disappointment that the majority of Kitchener Council appears not to be listening to its constituents, who through numerous City surveys have indicated their support for increased density through infilling /intensification and a strong focus on environmentally friendly development. She noted that the southwest is an environmentally sensitive area that should be protected to preserve its hydro-ecological resources and asked that the City respect the countryside line by removing Goal 6 -Action #3 from the KGMS. Ms. Yvonne Fernandes raised concerns with the City's ability to provide for the needs of the community as it plans for growth, citing an example of health care. She commented that 28,000 lots are currently available for greenfield development and if the City does not hold the countryside line there will be further challenge from the development industry that is likely to result in costly Ontario Municipal Board (OMB) hearings. She stressed the importance of protecting environmentally sensitive areas, referencing the Environics Study and A Plan fora Healthy Kitchener that COUNCIL MINUTES JANUARY 26, 2009 - 26 - CITY OF KITCHENER demonstrate the citizens' vision for future development is to be carefully planned and one that considers environmental concerns as part of growth management. Councillor B. Vrbanovic inquired if Ms. Fernandes was aware that the Region's ROP restricts the countryside line for the City's of Kitchener and Waterloo; whereas, in Cambridge and the four townships, where rural and agricultural areas have been traditionally preserved, is now left open to development. Ms. Fernandes stated that she was not specifically aware but suggested that the Provincial policy statement which provides a target of 40% infill in Kitchener should be a guiding principle. Councillor Vrbanovic commented that his concern is that the Region's focus is on the urban centres of Kitchener and Waterloo and not at all on the other area municipalities which creates an inequity. Ms. Fernandes acknowledged his concern but suggested issues related to water surcharge and ecological impacts in the southwest are important considerations and she could see why the Region is saying development should not occur there. Ms. Ginny Quinn expressed appreciation that the KGMS addresses intensification, transportation issues, air quality, tree conservation and other like initiatives but suggested it fails to address the issue of water conservation. She stated that the Region's ROP requires all area municipalities to respect and hold a countryside line and agreed with the City's intent to defer Goal 6 -Action #3 pending the Region's consideration of the draft ROP. She expressed disappointment with the proposal to establish an urban reserve beyond 2029, suggesting that this would benefit only landowners and developers and asked that it be negated at this time and future generations be allowed to decide. Councillor Vrbanovic noted that the City is not saying that development would happen now but is questioning whether future development, and even perhaps within existing infrastructure, could or should be looked at in 20 or 25 years from now depending on research in the particular area and identification of environmental impacts. He asked Ms. Quinn that given there is considerable unanswered questions at this time to determine the feasibility of development in the area and that there may be capacity within existing infrastructure, if it would be reasonable to consider studying the matter from a sustainability point of view. Ms. Quinn suggested that it would infer more land is available and she would consider it an open invitation to developers. Mr. Dave Wellhauser, waterlooians.ca, advised that his organization supports intensification in the core area and opportunities to increase density in existing built areas. It was his opinion that Goal 6 - Action #3 will exacerbate urban sprawl and attack water resources, natural heritage areas; threaten species habitats and agricultural lands. He commented that Action #3 appears to suggest that it is okay to destroy local groundwater recharge areas because a Lake Erie pipeline might be built. He stated that speculation on an environmentally sensitive area is unacceptable and that more studies would be wasteful. He asked that the City make a clear statement in respect to the pipeline and stand up to development by removing Action #3 now in support of respecting the countryside line. Ms. Louisette Lanteigne commented on the 2005 State of the Resource Report for the Grand River (Paris to Brantford), which states in section 5.4 that water quality targets are frequently missed in the middle to lower reaches of the Grand River. She raised concerns that the most recent report dated November 2008 excludes information in the areas where water quality targets according to the 2005 report were frequently missed. She suggested that the impact of growth on area water supplies and to Lake Erie cannot be projected without this data. She noted concerns of the Minster of the Environment that the cities of Guelph and Kitchener are expanding without water tables to support growth; and she stressed the need to obtain this data before proceeding with growth management targets. In respect to Goal 6 -Action #3, she commented that by including the concept of a Lake Erie pipeline, it demonstrates a lack of confidence in local water supply to sustain future growth and creates complacency towards the value of local water resources. She added that by excluding the concept it would encourage better water management and conservation practices, and create political will to work within, and maximize, current infrastructure. She asked that decisions be made based on fact rather than speculation and in compliance with Provincial policies. Mr. Kevin Thomason asked that Council reconsider Goal 6 -Action #3 and instead protect environmentally sensitive areas rather than target them for future development. He disagreed with the concept of relying on a Great Lake water supply given the uncertainty that same would ever be built. He suggested that there is sufficient greenfield development available for the foreseeable future and it is inappropriate to target the southwest portion of the City which is the only remaining natural area. He expressed the opinion that Action #3 will create speculation and should be removed now rather than waiting for final approval of the Region's ROP. He added that all area municipalities are COUNCIL MINUTES JANUARY 26, 2009 - 27 - CITY OF KITCHENER subject to a countryside line and Kitchener is the only municipality looking to breach and expand beyond that line. Mayor C. Zehr noted that one delegation was in attendance to speak to the City's response to the Region's ROP, which while a separate process, was related and asked the delegation to come forward at this time. Mr. Paul Britton, MHBC Planning Limited, advised that he supports deferral of Goal 6 -Action #3 to allow the matter to be considered in context with the Region's ROP. Secondly, he asked that the City formally request the Region to assess the merits of establishing an urban reserve in the southwest portion of the City in its deliberation of the draft ROP. He commented that he shares the view of previous delegations in respect to environmental concerns, intensification, infrastructure, water and agriculture. He suggested, however, that it is not a question of if the City grows but rather how and where it will grow. He stated that the Region's ROP represents a paradigm shift from the urban cities to the townships which are not easily serviced in respect to infrastructure and transit, and groundwater /environmental issues are also present. He stated that he is asking that development be dealt with comprehensively, and suggested that the southwest portion should not be ruled out prior to finalizing the ROP and having all necessary information to consider the merits of development. He suggested that growth in the urban centres may be more appropriate where development can be easily serviced and pointed out that the Region is not being asked to approve the urban reserve but rather to give it meaningful consideration. In response to questions from Councillor K. Galloway, Mr. A. Pinard, Director of Planning, advised that the entire southwest is shown as a source water protection area in the draft ROP mapping. He noted that more research, an alternative water supply and removal of any conflict with ROP would be required before any development would be contemplated. It was noted that the City can move forward with the KGMS without Goal 6 -Action #3 included; however, staff is asking that it remain with the qualifiers identified. Mr. Pinard added that a decision either way may have influence on how infrastructure is designed in future; ie. sized for expansion or for existing conditions. Mr. Pinard confirmed that all other area municipalities have a countryside line but could not confirm if they are intending to hold the line as he had not seen their responses to the Region's ROP. Councillor J. Gazzola questioned the impact of holding the countryside line. Mr. Pinard stated that Action #3 intentionally does not include a specified form of development as future needs are unknown at this time and its purpose is to allow exploration as to merits of development beyond 2029 should an unknown need be identified at that time. Councillor Vrbanovic requested clarification of the terminology `permanent' versus `long term'. Mr. Pinard advised that the ROP refers to the countryside line as `long term', whereas `permanent' refers to protected countryside which is the designation applied to the southwest. He noted that `long term' status allows continued consideration into the possibility of future development, whereas `permanent' status negates future development. Councillor Vrbanovic questioned if it would be correct to say that `long term' status would allow future generations to decide if development in the southwest is appropriate in 2029 and `permanent' status would mean development could not be considered even in 2029. Mr. Pinard advised that this was correct. Councillor Vrbanovic questioned if urban reserves were identified in the other area municipalities. Mr. P. Britton advised that all have identified urban reserves. He added that as structured, the ROP provides that the municipality shall not plan for infrastructure unless there is an urban reserve adjacent to a countryside line. He suggested that by not identifying the urban reserve in Kitchener, it undermines infrastructure planning, citing an example of the South Strasburg Sanitary Trunk. Councillor K. Galloway questioned if there was any merit in considering this issue if the lands are designated as `protected'. Mr. Pinard advised that the City is agreeing that the lands should not be developed now or in the next 20 years but is seeking option to explore beyond the 20 year period should circumstances change. He added that there is a strong possibility the lands could still be designated `protected' in 20 years; however, this is not guaranteed. It was further noted that it would be the Region's responsibility to make that decision. Councillor J. Gazzola inquired if the urban reserves in the other municipalities are beyond the countryside line. Mr. J. Willmer, Interim General Manager, Development and Technical Services, advised that in the townships and Cambridge the urban reserves are all within the countryside line, whereas Kitchener is proposing an urban reserve beyond their countryside line. COUNCIL MINUTES JANUARY 26, 2009 - 2$ - CITY OF KITCHENER On motion by Councillor C. Weylie, seconded by Councillor J. Gazzola, Clause 3 of the Development and Technical Services Committee report was brought forward for consideration, dealing with amendment to Goal 4 -Action #2 of the KGMS, dated January 2009 and approval of KGMS as amended, except for Goal 6 -Action #3 which is to be deferred pending final approval of the Region's ROP (2029). Mayor C. Zehr referred to comments he had made at the January 19, 2009 Development and Technical Services Committee concerning an alternate water supply, expressing the opinion that in future there may potentially be other technical options aside from a Great Lakes pipeline. He suggested that Goal 6 -Action #3 be amended to add the phrase `or other technical options' to acknowledge the potential for other alternatives beyond a pipeline. Mr. Pinard stated that the proposed amendment would be consistent with the intent of the action. Councillor C. Weylie accepted Mayor Zehr's proposal as a friendly amendment. Councillor Gazzola advised that he was not in support of Goal 6 -Action #3, expressing the opinion that the City should make a solid commitment at this time to respect the countryside line as once gone, the natural area cannot be replaced. Councillors K. Galloway, B. Vrbanovic and G. Lorentz spoke in support of Goal 6 -Action #3, commenting on the importance of allowing future generations to decide and to have the ability to plan for smart growth in the context of changing circumstances. Mayor Zehr added that what is proposed through this action does not necessarily mean the lands would ever be developed, as it would be subject to compliance with the Region's ROP. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 3 of the Development and Technical Services Committee report of this date be adopted, as amended." The motion was voted on in two separate parts by recorded vote. Paragraph 1 & Paragraph 2, save and except deferral of Goal 6 -Action #3 (as amended) -Carried Unanimously. Balance of Paragraph 2 (deferral of Goal 6- Action #3 [as amended]) -Carried. In Favour: Mayor C. Zehr and Councillors G. Lorentz, J. Smola, K. Galloway, B. Vrbanovic and C. Weylie Contra: Councillor J. Gazzola Motion Carried. Council then considered the recommendation of staff concerning the City's response to the Region of Waterloo's draft ROP (2029). Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That the Regional Municipality of Waterloo be requested to address the comments and concerns regarding the First Draft of the Regional Official Plan 2029, as outlined in Development and Technical Services Department report DTS-09-015 and by City staff during the ROP Municipal Working Group discussions; and further, That staff be directed to provide additional detailed comments to the Region of Waterloo, as discussed at the January 26, 2009 Special Council meeting." Councillor B. Vrbanovic pointed out that the City's response to the draft ROP includes the following statement relative to the countryside line (report DTS-09-015): "'Permanent' and `long term' mean COUNCIL MINUTES JANUARY 26, 2009 - 29 - CITY OF KITCHENER two different things and have very different implications. The authority to establish permanent boundaries under the current planning framework and the merit of doing so given the possibility of new technologies in the future requires further investigation and discussion with the Region." Councillor J. Gazzola advised that he could support the motion, save and except for the statement regarding the countryside line as referenced by Councillor Vrbanovic. 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. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Voted on Clause by Clause. Clause 3 - Dealt with under Delegations and Carried, as amended, by recorded votes. 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." Carried. Council then considered Community Services Department report CSD-09-007 (P. Houston), dated January 9, 2009, listed under Unfinished Business on the Council agenda this date, concerning a request from user groups of the Wilfrid Laurier University swimming pool for funding assistance to allow the pool to remain open. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That Community Services Department report CSD-09-007 (Wilfrid Laurier University Pool Fundraising), dated January 9, 2009, be deferred to the February 9, 2009 special Council meeting, or alternatively the February 23, 2009 regular Council meeting, pending a decision by the City of Waterloo in respect to this matter." Councillor J. Gazzola was advised that financial statements have not yet been made available and receipt of additional information is the reason the City of Waterloo has deferred the matter. Mayor C. Zehr asked that staff re-circulate the information previously provided in respect to this matter to Council for the February 9th meeting. Councillor B. Vrbanovic's motion was then voted on and Carried. Mayor C. Zehr commented on Regional matters, advising that Regional Council approved, in principle, progress indicators for the Corporate Environmental Sustainability Strategy and the final phase of development will conclude in April at which time the Strategy will be presented to Regional Council for final approval. COUNCIL MINUTES JANUARY 26, 2009 - 30 - CITY OF KITCHENER Moved by Councillor J. Smola 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 amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (e) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code re By-law Enforcement. (f) Being a by-law to repeal and replace Chapter 554 of the City of Kitchener Municipal Code with respect to Lotteries. (g) Being a by-law to amend By-law 2007-25 to extend the time period for exemption from Part Lot Control -Lot 167, Registered Plan 393 -Edgewater Crescent. (h) Being a by-law to provide for the establishing and laying out of part of Block Line Road as a public highway in the City of Kitchener. (i) Being a by-law to provide fora 2009 Interim Tax Levy and for the payment of 2009 Interim Taxes. (j) To confirm all actions and proceedings of the Council. 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 K. Galloway as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor K. Galloway Seconded by Councillor J. Smola "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor J. Smola 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. 2009-020) COUNCIL MINUTES JANUARY 26, 2009 - 31 - CITY OF KITCHENER (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. 2009-021) (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. 2009-022) (d) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. tBy-law No. 2009-023) (e) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code re By-law Enforcement. tBy-law No. 2009-024) (f) Being a by-law to repeal and replace Chapter 554 of the City of Kitchener Municipal Code with respect to Lotteries. tBy-law No. 2009-025) (g) Being a by-law to amend By-law 2007-25 to extend the time period for exemption from Part Lot Control -Lot 167, Registered Plan 393 -Edgewater Crescent. tBy-law No. 2009-026) (h) Being a by-law to provide for the establishing and laying out of part of Block Line Road as a public highway in the City of Kitchener. tBy-law No. 2009-027) (i) Being a by-law to provide fora 2009 Interim Tax Levy and for the payment of 2009 Interim Taxes. (j) To confirm all actions and proceedings of the Council. tBy-law No. 2009-028) tBy-law No. 2009-029) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:25 p.m. MAYOR CLERK COUNCIL MINUTES JANUARY 26, 2009 - 32 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That Demolition Control Application DC08/18/H/GS requesting permission to demolish one (1) single detached dwelling located at 1460 Highland Road West, owned by Deerfield Homes, legally described as Tract German Company PT Lot 38, be approved without conditions; and further, That Demolition Control Application DC08/19/H/GS requesting permission to demolish one (1) single detached dwelling located at 1466 Highland Road West, owned by Deerfield Homes, legally described as Registered Plan 58M-403 Block 66, be approved without conditions. 2. That Demolition Control Application DC08/21/O/GS requesting permission to demolish one (1) single detached dwelling located at 400 Old Huron Road, owned by Hallman Construction, legally described as TRACT BIEHNS PT LOT 11, and requesting permission to demolish one (1) single detached dwelling located at 430 Old Huron Road, owned by Hallman Construction, legally described as TRACT BIEHNS PT LOT 11, be approved without conditions. 3. That Goal 4 -Action #2 of the Kitchener Growth Management Strategy (KGMS), dated January 2009, be amended to read as follows: "2. Engage in Infrastructure Funding Discussions with Other Levels of Government Continue to work on new opportunities to ensure an adequate share of funding is provided for inter-regional transportation, including additional access to Highway 401 and GO Train service, infrastructure replacement, energy, etc."; and further, That the Kitchener Growth Management Strategy (KGMS), dated January 2009, and recommended actions contained therein, as attached to Development and Technical Services Department report DTS-09-011 be approved as amended, with the exception of Goal 6 - Action #3 which shall be amended by adding in the third sentence the phrase "or other technical options" immediately following the phrase "Great Lake water supply", and deferred pending final approval of the Region of Waterloo Official Plan (2029). (Dealt with under Delegations and Carried, as amended, on recorded votes) FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That staff be authorized to issue a purchase order for consulting services to MTE Consultants Ltd. in the amount of $475,000.00 (excluding GST) for the completion of the Risk Assessment and Record of Site Condition associated with the Coal Tar project (Richmond /Joseph / Gaukel Streets). 2. That an extension of services be approved to The Osborne Group Toronto Inc., Toronto, Ontario in the amount of $76,267.80, including disbursements and G.S.T., to cover additional consulting and advisory services to the City related to the Human Resource Integration for the Consolidated Maintenance Facility. 3. That the Mayor and Clerk be authorized to execute a lease satisfactory to the City Solicitor with the current owner of the property located at 15 Michael Street in the City of Kitchener for the use of the lands for the purpose of providing monthly parking for City employees working out of the Bramm Street Operations Yard. 4. That the Mayor and Clerk be authorized to enter into an agreement with the Regional Municipality of Waterloo, satisfactory to the City Solicitor, to permit use of the Schoerg barn timbers as cladding on the walls of the main entry corridor and lobby space of the Regional History Museum, in accordance with the plan and conceptual drawings attached as Appendix 'B' to Development & Technical Services Department report DTS-08-209; and, That the City's Manager of Facilities Management be involved in the selection of specific timbers appropriate and suitable for use in the Regional History Museum; and, COUNCIL MINUTES JANUARY 26, 2009 - 33 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - 4. (Cont'd) That the Regional Municipality of Waterloo, in consultation with the City of Kitchener, develop and install interpretive signage and information regarding the cultural heritage significance of the Schoerg barn timbers, at the Regional History Museum installation location; such signage to include appropriate acknowledgement of the City of Kitchener's donation of the timbers; and further, That City staff investigate whether the City's Consolidated Maintenance Facility can play a role in providing a home for the storage, or a setting for the use of, some of the remaining Schoerg barn timbers. 5. That the 2009 Accessibility Plan, as attached to Community Services Department report CSD- 09-001, be approved, in principle, as the Annual Accessibility Plan for 2009 for the City of Kitchener, in accordance with the Ontarians with Disabilities Act, 2001. 6. That Kitchener City Council advise the Ministry of the Environment of its concern that the proposed revisions to the Province's Brownfield Regulations 153/04 may significantly increase the cost of remediation projects in our municipality; and, That since the City of Kitchener and the Region of Waterloo jointly fund remediation activity through grants from our existing Brownfield Remediation Community Improvement Plan; the City of Kitchener is concerned that the proposed revisions to the Province's Brownfield Regulations 153/04 will increase the municipal cost for the funding of the Brownfield Program; and, That the Province of Ontario be requested to review and revise the Ontario Brownfield Tax Incentive Program (BFTIP) to allow for easier integration with municipal Community Improvement Plans under Section 28 of the Planning Act, and to make it more useable for Brownfield projects where the end land use involves a Plan of Condominium or Plan of Subdivision; and further, That a copy of this resolution be sent to all local area municipalities, the Region of Waterloo and all local M.P.P's. 7. That the 2008 City of Kitchener Summary Drinking Water Report be received for information as required by O.Reg170/03, Schedule 22 of the Safe Drinking Water Act; and further, That the City of Kitchener provide a copy of the Summary Drinking Water Report to the Township of Woolwich as required by Schedule 22 of O.Reg.170/03. COUNCIL MINUTES JANUARY 26, 2009 - 34 - 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. King Street & The City Centre District: Contract Award Revision -Amendment to FIN-A$-154 Council considered Development & Technical Services Department report DTS-09-019 (G. Murphy), dated January 21, 2009. It was resolved: "That the award for Tender T08-015 approved at the December 8, 2008 Council meeting, be increased by $2,058., fora revised total of $7,599,224., including contingencies and GST, to correct a mathematical error." 3. Appointment -Heritage Kitchener Committee Council considered Corporate Services Department report CRPS-09-003 (R. Gosse), dated January 9, 2009. It was resolved: "That Inacio Mota be appointed to Heritage Kitchener as the Committee's representative for the Victoria Park Heritage Conservation District for a term expiring November 30, 2010." 4. Municipal Response to Province's Ontario with Disabilities Proposed Information and Communications Standard Council considered Chief Administrator's Office report CAO-09-003 (M. May), dated January 21, 2009. Councillor B. Vrbanovic requested clarification as to how the proposed standards for Accessible Information and Communication would impact potential candidates running for municipal office. He suggested that if applied to candidates, the associated cost to comply with these standards may preclude potential candidates from running, especially in smaller municipalities, as most local campaigns run on limited financing and resources. Ms. K. Steiss, Inclusion Co-ordinator, advised that it is staffs' understanding that the proposed standards will apply to municipal election candidates, both in respect to campaign materials distributed and / or posted on a website, as well as to any candidate meetings they may hold. Ms. Steiss added that the Association of Municipalities of Ontario (AMO) is conveying similar concerns in their response to the Provincial Government on the proposed standards. At the request of Councillor B. Vrbanovic, it was agreed to amend the staff recommendation to provide that the City's summary response to the Province, as attached to CAO-09-003, be amended to include concerns similar to the AMO relative to the impact to municipal election candidates in meeting the proposed standards. COUNCIL MINUTES JANUARY 26, 2009 - 35 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 4. Municipal Response to Province's Ontario with Disabilities Proposed Information and Communications Standard tCont'd) Mayor C. Zehr commented that while he is sensitive to the difficulties of living with a disability, without any statistical data to demonstrate need in a community, compliance with these standards as proposed will require substantial infrastructure improvements at significant cost for something that may not be used or have very limited use. He suggested that provision of these services should be as required, expressing the opinion that the legislation goes too far in mandating across-the-board regardless of need. Councillor J. Gazzola noted that the financial impact to a municipality is estimated at 1-3 of the annual Operating Budget and questioned what 3% would equate to in dollars relative to the City's Operating Budget. Mr. D. Chapman, General Manager of Financial Services, advised that 3% of gross operating expenditures would amount to between $3-9 M per year. Mr. M. May, Director of Communications /Marketing, added that the financial impact estimate comes from a study undertaken by KPMG and on first review, staff believe the estimate to be considerably conservative in respect to the impact in larger municipalities such as Kitchener. He pointed out that if approved as proposed, the City may be in a position of having to reduce the level of its current standards for sharing of information with the public. Councillor Vrbanovic inquired as to what steps are taken now on requests from an individual for assistance. Ms. Steiss advised that staff meet with the individual to ascertain their needs and assist them towards a successful and meaningful solution. She added that every person has their own unique needs and there are a number of different options that can be explored to meet those needs. In response to Councillor K. Galloway, Ms. Steiss advised that as written, the proposed standards leave too much to interpretation and in its' response, the City is seeking clarification respecting the alternate formats and when they must be made available. The following motion was Carried Unanimously, on a recorded vote. It was resolved: "That the summary of response to the Government of Ontario's Proposed Standard for Accessible Information and Communication, as attached to Chief Administrator's Office report CAO-09-003, be endorsed, as amended to include similar concerns raised by the Association of Municipalities of Ontario (AMO) related to the impact to municipal election candidates proposing to run locally for elected office; and further, That staff be directed to submit a formal written response to the Province by its deadline of February 6, 2009." 5. 2009 Water and Sewer Budgets and Rates Council considered Financial Services Department report FIN-09-012 (D. Chapman), dated January 19, 2009. Mr. D. Chapman advised that on January 12, 2009 consideration of the water and sewer budget and rates were deferred to the meeting this date, to allow staff to explore options to reduce the rate increases. He noted that the proposed average increase is 12.5% which equates to approximately $6.81 / mth on the average utility bill. Mr. Chapman stated that while a number of factors contribute to rate increases, the majority relate to increased water and sewer surcharge costs applied by the Region of Waterloo, over which the City has no control. Five options to reduce rate increases were considered, including: reduce rates with no alteration to operating or capital COUNCIL MINUTES JANUARY 26, 2009 - 36 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. 2009 Water and Sewer Budgets and Rates tCont'd) components; reduce operating costs; reduce / defer a portion of the capital program; issue debt to finance a portion of the 2009 capital program; or, use Provincial grant funding to finance a portion of 2009 capital program. Mr. Chapman advised that of the options considered, reducing a portion of the capital program was considered most feasible; however, he pointed out that the Accelerated Infrastructure Program is currently significantly underfunded and has not met proposed targets over the past five years of the program. Mr. Chapman advised that staff is not recommending a reduction in the capital program and pointed out that the rate increase as proposed, is consistent with those proposed or already approved by other area municipalities. Councillor J. Gazzola advised that he would not support the rate increase as proposed, expressing the opinion that projections are too conservative and more could be done to lower the increase to provide a better outcome for the City's utility customers. The following motion was Carried, on a recorded vote, with Mayor C. Zehr and Councillors G. Lorentz, J. Smola, K. Galloway, B. Vrbanovic and C. Weylie voting in favour and Councillor J. Gazzola voting in opposition. It was resolved: "That the following 2009 budgets for municipal water and sanitary sewer enterprises, be approved: Revenues Expenses Surplus tDeficit) • Water Utility $ 31,470,007 $ 31,167,007 $ 303,000 • Sanitary Sewer Utility $ 33,561,656 $ 33,791,199 $ (229,543); and further, That effective March 1, 2009, the water rate be increased to $1.4285 per cubic metre and the sanitary sewer rate be increased to $1.5737 per cubic metre." 6. Committee of Adjustment Decision Dealt with under Delegations.