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HomeMy WebLinkAboutCouncil - 2009-03-23COUNCIL MINUTES MARCH 23, 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 Maya Deutschlander, King School of Vocal. On motion by Councillor J. Gazzola, the minutes of the regular meeting held February 23, 2009 and special meetings held February 23, March 2 and 3, 2009, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED DIRECTLY TO FILE - (a) Letter dated February 24, 2009 from Hon. John Gerretsen, Minister of the Environment, acknowledging receipt of Council's resolution regarding proposed amendments to Brownfields Regulation 153/04. 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 a request from Facilities Management be approved to proceed with a prequalification process to select a minimum of six (6) General, six (6) Electrical and six (6) Mechanical Contractors to be used for the re-development of the former Patrick J. Doherty Arena to the new Kingsdale Community Centre." -and- "That Proposal P09-007, Authorized Contractors Natural Gas Appliance Financing Program, be awarded to the following contractors for an initial two (2) year period with an option to renew for two (1) additional one (1) year terms: • Primary Contractor Status: Aire One KW (145$013 Ontario Inc.), Bast Home Comfort Inc., Waterloo, BoehmerslCronin Emery Service Experts, Cambridge, Delta Air Systems Ltd., Waterloo, Dunn Heating & Air Conditioning, Waterloo, The Woodburner, Kitchener; and, • Secondary Contractor Status: Air Wave Heating & Cooling, Guelph, Amber Heating, Kitchener, Conestogo Mechanical Inc., Kitchener, Corestar Mechanical Ltd., Kitchener, Four Seasons Heating & Cooling, Waterloo, Iron Clad Home Comfort Specialists, Kitchener, Reitzel Heating & Air Conditioning, Waterloo, Rob-Hart Mechanical Inc., Kitchener; Triple $ Plumbing & Heating Inc., Waterloo; Tiger Plumbing Inc., Waterloo." -and- "That Quotation Q09-006, Irrigation System -Eastwood Collegiate Institute, be awarded to 1471$72 Ontario Inc. (ola TTM Irrigation), Woodbridge, Ontario, at their quoted price of $25,082.40, including G.S.T." Carried. Mr. Len Carter attended to raise concerns with respect to Clause 14 of the Finance and Corporate Services Committee report of this date, regarding a new name, re-branding and new logo for the Kitchener Market. He questioned the rationale for the proposed name change of the market, suggesting it is widely well known as the Farmers Market. He did not agree that the depiction of wheat on the new logo properly symbolizes the vast cultural aspects of the market and suggested that the numbers who voted are not representative of widespread community support. He stated that Council is not obligated to accept the conclusions of the project Consultant and asked that time be taken to further consider this matter before making a final decision. COUNCIL MINUTES MARCH 23, 2009 - 64 - CITY OF KITCHENER On motion by Councillor B. Vrbanovic, seconded by Councillor J. Smola, Clause 14 of the Finance and Corporate Services Committee report of this date was brought forward for consideration, dealing with the re-branding proposals for the Kitchener Market. Councillor K. Galloway advised that the Arts & Culture Advisory Committee recently passed a motion to request that consideration be given to undertaking a public design competition for the logo as they did not support the proposed option. Councillor Galloway inquired if a marketing strategy has been completed and Mr. R. Regier, Executive Director of Economic Development, advised that the rebranding process is part of the overall strategy being developed and while initiated, the long term strategy is not yet complete. It was also noted that the strategy being developed seeks to attract and broaden community use by promoting the facility as a consumer market. Councillor Galloway inquired as to how the decision was made to proceed with only Corporate colouring for the new logo. Ms. K. Weiss, Director of Business Development, advised that this decision was made in consultation with the Chief Administrator and Director of Communications. Similarly, the decision to proceed with only 2 logo options for voting purposes was made by the same group; however, the decision to proceed with a single tag line was based on advice from the Consultant who was of the opinion it should be kept simple. Councillor Galloway asked for clarification of recruitment for the focus groups. Ms. Weiss advised that in the initial stage of this project a focus group was established to consider the wants, needs, challenges and perceptions of the market. Interest in the first focus group exceeded the number of persons required and a waiting list was compiled, from which the second focus group to consider a new name, tagline and logo was established. It was noted that an internal working group presented 3 logos for consideration to the second focus group, the City's Corporate Management Team and members of Council The choice of logos was short-listed to 2 concepts and presented for public vote, the results of which were presented to Council for consideration and a final decision. Councillor C. Weylie asked how staff view the depiction of the wheat symbol on the proposed logo and whether or not it was to be used separately from the word "Kitchener". Ms. Weiss stated that it was not intended to be used separately and was viewed as being historical, and representing food as fresh and local. Councillor B. Vrbanovic requested clarification of the voting margin between the 2 concepts. Ms. Weiss advised that the margin was relatively close, with 703 voting for Option `A' and 781 voting for the preferred Option `B'. Councillor C. Weylie inquired if voters were able to vote more than once. Ms. J. Miller, Manager of Communications, advised that the survey required voters to provide their name and address to ensure no duplicate votes were recorded. Councillor Weylie inquired how many logos were presented for review by the Consultant and Ms. Weiss advised that 3 had initially been presented. Councillor Weylie noted that the logos prepared by the Consultant were of different, more vibrant colouring and questioned if the Consultant had been permitted to use alternate colouring from that of the Corporate colours. Ms. Weiss stated that the differing colouring was not permitted to proceed once the decision had been made to follow Council's direction to strengthen a connection between the Corporate branding and its enterprises. Councillor K. Galloway commented that the proposed logo misses the mark, stressing the importance of associating bright colours with the market and suggested that as presented the re-branding does not meet the objective of attracting new patronage to the market. She expressed the opinion that the logo is not reflective of the urban setting of the market and the single tagline is not engaging to the broader community. She stated that her preference would be to establish a process to permit a public design competition in consultation with the Arts & Culture Advisory Committee and the Public Arts Working Group. Councillor Vrbanovic stated that he had voted against the proposed logo at Committee, preferring that it be sent back to staff for additional work and expressed his support for the suggested public design competition. He commented that this is an important decision for the future of the market that should not be rushed, especially in light of the voting margin. He suggested that more time should be taken to develop a logo that will receive more widespread community support and should not be limited to the Corporate colours, as it was his opinion there is merit in separating the market from a business point of view. Councillor Vrbanovic asked that the fourth paragraph of the motion, dealing with the proposed logo, be voted on separately, by a recorded vote. COUNCIL MINUTES MARCH 23, 2009 - 65 - CITY OF KITCHENER Councillor J. Gazzola suggested that a design competition would only invoke numerous differing designs and opinions, and expressed his support for the direction staff is going to move the market forward and achieve improved financial standing of the facility. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That Clause 14 of the report of the Finance and Corporate Services Committee of this date be adopted." Voted on Clause by Clause Paragraphs 1, 2 & 3 -Carried. Paragraph 4 -Carried on a recorded vote. In Favour -Mayor C. Zehr and Councillors J. Gazzola, G. Lorentz and J. Smola. Contra: Councillors K. Galloway, B. Vrbanovic and C. Weylie. Motion Carried. Mr. Gord Nicholls, member of the Friends of Hidden Valley (FHV), attended to raise concerns with respect to a Provincially Significant Wetland (PSW) in Hidden Valley being at risk by the City's handling of storm water and snow melt from the new Consolidated Maintenance Facility (CMF) at Goodrich Drive; and, as it would relate to the CMF projects referenced in Financial Services Department report FIN-09-039 (2009 Federal Budget Infrastructure Funding), listed as Item B.6 on the Committee of the Whole agenda this date. Mr. Nicholls circulated this date letters from Mr. Neil Taylor to Mr. H. Gross, the City's Director of Project Administration & Economic Investment, dated March 23, 2009; and from himself to Regional Chair Ken Seiling, dated September 2, 2007; in support of their concerns, which include: inaction to adequately remediate storm water management from the CMF storm sewer connected to Wabanaki Drive flowing into a storm water management pond above the Hidden Valley PSW; non-communication to Regional and Provincial officials of the installation of the CMF storm sewer; no evidence that criteria regarding impact to wetlands and wildlife (Preferred Site Study Part 2 -Criteria #13) was applied to storm water piped from the CMF property into Hidden Valley; and relative to concerns conveyed in the letter to Regional Chair K. Seiling, the need for a risk analysis /hydro-geological study to be completed by the Region of Waterloo, which is not to be done until later in the Environmental Assessment (EA) process for the River Road extension to Hidden Valley. He asked that Council delay making a decision regarding further development at the CMF site until a proper risk management study is completed concerning run-off of salt and industrial contaminated storm water; and, delay any decisions regarding the CMF project as it relates to report FIN-09-039 pending direction to City staff to commission ahydro- geological study to answer the questions outlined in their correspondence and to determine the impact of run-off from the CMF property to the Hidden Valley Provincially Significant Wetland. Mr. Jack Redmond also attended in respect to Item B.6 of the Committee of the Whole agenda to request deferral of a decision respecting the CMF projects listed for consideration of the Federal Infrastructure Stimulus Funding. He stated that the first priority should be an appropriate storm water management facility for Wabanaki /Goodrich Drive, the CMF, South Kitchener Holdings and any other in the Hidden Valley area as they are all intricately related. He raised concerns that no public consultation has been undertaken in respect to the application for Federal funding and no indication has been given to residents in respect to potential implication to property taxes to recover the $20M attributed to the City's share of the work. In respect to the CMF, he raised concerns regarding environmental risks, noting that in late 2008 a major storm water sewer was put in place which is partially on the CMF site and to his knowledge, with no Ministry of Environment approval and no communication to the Region of Waterloo. He added that no final report has been made available for public review of an EA completed last August and while he had received partial information he was not provided with full details of the storm water management aspects. He expressed the opinion that it was premature to make application at this time as approvals have not be given, especially in respect to the snow dump and salt storage facility. He noted that these kinds of approvals can take several years to achieve and asked that the City work co-operatively with him, Friends of Hidden COUNCIL MINUTES MARCH 23, 2009 - 66 - CITY OF KITCHENER Valley and Hidden Valley residents. Mr. Redmond suggested that it would be more appropriate to defer action on the CMF project until input is obtained from all stakeholders and their questions are addressed. Mr. H. Gross was requested to respond to the delegates concerns. He advised that in November 2007 the City completed a Schedule `C' Class Environmental Assessment (EA) and selected the Goodrich Drive site for the CMF. The uses of the site were clearly identified and defined in the reports prepared by Stantec Developments and IBI Consultants. The documentation was filed with the Provincial Ministry in March 2008. Earlier discussions were held with 3 representatives of the Hidden Valley area at which time they were advised that the City would construct the CMF to the highest current and future standards required. He stated that meetings were held with Regional staff and it was agreed to work with the Region on design of the snow /salt storage areas to address any of their concerns. Since that time, project work has centered on consultant selection for the Human Resources component and a block drawing has been prepared showing the inner and outside functions of the building. The preliminary concept includes management of snow /salt run-off on the site to a storm water management pond with 2 outlet pipes; one for high level salt water directed to the sewage treatment plant. The second carries low sodium water in a new storm pipe on Wabanaki Drive to the Schneider Creek and west thereof. Mr. Gross advised that no salt water run-off is directed into or near the Hidden Valley area. He noted that Engineering staff have completed the EA for construction of Wabanaki Drive and the storm water management pond and is anticipating going to tender in April 2009. He pointed out that in respect to the balance of the site, the developer installed a storm water run-off pipe prior to the City's purchase of a portion of their lands. It is his understanding that the pipe is to drain roof water run-off along Goodrich Drive, easterly to Wabanaki Drive and out. Mr. Gross advised that the entire site is approximately 100 acres, of which the CMF is situated on 45 acres and a further report is being done by the developer which is part of a site planning process but he was not aware as to the status of that report. Mr. Gross added that he was not aware of the September 2007 letter to Regional Chair K. Selling respecting the River Road extension and could not respond without benefit of its content. He noted that he had last updated the representatives of Hidden Valley in October 2008 which included reference to the City's website where information on the status of the CMF project can be obtained. Since that time not much has happened with respect to development as the focus has been on the Human Resources component; however, he pointed out that the block drawing has been posted for viewing. He advised that he would be sending a communication in the near future to the Hidden Valley representatives as the City is now reaching the next stage and the website also contains information on next steps. Councillor J. Gazzola requested clarification of the report Mr. Redmond indicated was not provided to him. Mr. J. Willmer, Interim General Manager, Development and Technical Services, advised that he was not aware of the status of the site planning process for this application and had no first hand knowledge of the delegates concerns. He advised that he would review same and report back to them and to Council. Councillor J. Gazzola referred to the delegations reference to a sewer put in place which neither the Region or the Ministry of the Environment had knowledge of and questioned if this is common. Mr. Gross advised that it was not a common occurrence and pointed out that the City had no control over this matter as the sewer in question was installed by the developer. He reiterated that it was his understanding that the purpose was to collect storm water from the roof into an outlet service pipe which is located on an easement on the portion of the property the City now owns but is a private drain that flows along Goodrich Drive /Hidden Valley Rd and discharges into an outlet ditch. In response to Councillor Gazzola, Mr. Gross advised that preliminary work has been done on design of the snow /salt storage areas in consultation with the Region and is part of the construction details. Mr. G. McTaggert, Manager, Infrastructure Asset Planning, referred to Appendix `1', Table `A', of report FIN-09-039, pointing out that the storm water capital projects listed are not new facilities but rather remediation and upgrades of existing infrastructure and none are near the Hidden Valley area. He added that there is one storm water management pond near Hidden Valley but this is new and does not require any remediation. Mayor C. Zehr commented that the over-riding concern of the delegations is any impact to the Hidden Valley area from the projects related to the CMF and it appears there is none. In respect to the impact to taxpayers, Mayor Zehr noted that these are projects already approved in the capital budget to be funded from normal sources. The funding to be received from senior governments is additional monies that will decrease costs and lessen the impact to taxpayers. Councillor Vrbanovic noted that there are other projects augmenting existing ones that are not currently in the capital budget. He COUNCIL MINUTES MARCH 23, 2009 - 67 - CITY OF KITCHENER added that by receiving Federal dollars it is not intended to decrease infrastructure investment but increase incrementally. Mayor Zehr clarified that his comments related only to the CMF projects. Councillor Gazzola advised that the project program comprises approximately $51 M of which it is suggested the City's share will be $17M which has not yet been raised and which will have an impact. Mr. D. Chapman referred to the intent of report FIN-09-039 which is to inform Council of the funding components of the stimulus package and to prioritize a list of projects that could be submitted for consideration. He pointed out that the Federal government has given preliminary indication of a funding formula of 1/3 cost sharing; however, no details have yet been confirmed in respect to how the dollars will flow. He noted that an opposition motion has been put forward to provide for half the dollars to flow from the Federal Gas Tax which would not include cost sharing and reiterated that the 1/3 formula is only speculation at this time. Mr. Chapman stated that the purpose of the report is to generate discussion and to identify top priority projects that can be put forward for funding under this program. He added that in respect to potential impact on the tax base, staff would bring back funding options to Council prior to any spending and pointed out that the City received $9.8M in infrastructure funding in 2008 that could be used toward a cost sharing arrangement. Councillor Gazzola requested clarification that an application was not being made at this time and Mr. Chapman concurred. Councillor Gazzola inquired as to what criteria was used in putting forward the proposed projects and in particular the $14M for the CMF. Mr. Chapman advised that the business case for the CMF identified a funding shortfall of $2M and part of the application for Federal funding would be to cover the shortfall. Other aspects include funding for sale of City-owned properties and additional LEED enhancements to the facility. Mr Chapman advised that an in-house team of Asset Managers was convened to review and put forward a list of capital projects. The majority of projects are in the Capital Budget but have been deferred as they cannot be funded at this time and the criteria was based on the Federal government's criteria of shovel-ready projects. Councillor Gazzola requested clarification as to how this program will create new jobs. Mr. Chapman provided an example in respect to the storm water management projects, advising that it would take the City approximately 10 years to complete same whereas there is opportunity through the stimulus package to accelerate the work and thereby provide opportunity for new jobs within the engineering field. He also noted that within the recreation category, such as with McLennan Park, jobs will be created in respective trades to construct and operate the facilities. Mr. McTaggert added that the stimulus package is applied nation-wide and all cities will be tendering projects that may result in trades increasing their complement to meet demand. Mayor Zehr referred to the reports from Kitchener Public Library (KPL) and Centre in the Square (CITS) inquiring if the costs are included in staff's recommendation. Mr. Chapman advised they were not and staff is seeking direction of Council as to whether or not to include them in the list of priority projects. Councillor Vrbanovic commented that concerns have been communicated to the Federal government in respect to the need for the stimulus funding to start as soon as possible if municipalities are to have time to take advantage of the 2009 construction season. He stated that the KPL proposal creates a challenge in that it may not be considered to fit within the 3 components of the stimulus package. He suggested that the project may be more appropriately applied for under the Building Canada Fund. He recognized the outstanding capital needs of the CITS and questioned if staff had considered where it would best fit and how it would rank against other projects. Mr. Chapman commented that there is no cultural category to the stimulus package and suggested that the best fit would be under the Infrastructure Stimulus Fund. He added that if Council wishes to add the requests of the two Boards, they would be separate line items. In respect to the KPL, Mr. Chapman suggested that it may be appropriate to list it under both the Infrastructure Stimulus Fund and the Building Canada Fund given the uncertainty that it would qualify under the stimulus program. Councillor Vrbanovic referred to the additional projects not ranked, and in particular the CMF solar roof. He suggested that this has strong merit under the Green Infrastructure Fund and questioned how this would rate against other projects without a completed business case. Mr. H. Gross advised that two studies have been commissioned to determine feasibility of this project; one from Arise Technologies and one from Kitchener-Wilmot Hydro and when completed, a business case will be brought forward for Council's consideration. He noted that the project could go forward in a number of differing ways; ie. through the City's capital program or in partnership with others. He advised that recent changes in the Ontario Power Authority's Feed in Tariffs would allow electricity from the CMF to be sold into the electrical grid and be compensated at a rate of $0.63 per kwh. The cost of solar panel installation is estimated at $4.1 M and is expected to generate 600,000 kwh / yr of which the COUNCIL MINUTES MARCH 23, 2009 - 6$ - CITY OF KITCHENER CMF would use approx 40%, with the remainder to generate revenue sufficient to project an 11-year payback. It was also noted that a partnership arrangement may further reduce the payback period dependent on the rates and the solar roof would improve the LEED score for the CMF. Councillor B. Vrbanovic questioned that if a business plan was completed if this project would rank high in the list of priorities. Mr. Gross advised that a decision on rates is to be made in May /June 2009 and assuming the $0.63 rate is approved, the timeline for the roof installation could be at the end of 2009. Mr. D. Chapman noted that the Facilities Management Division has provided a list of solar retrofit projects that should be reviewed in this context as well. Ms. Cynthia Fletcher, Director of Facilities Management, provided an overview of the list of projects including: solar retrofits to all aquatics facilities, golf courses and City Hall lighting; and, updates to energy management systems throughout the facilities. Ms. Fletcher advised that she would consider placing the aquatics solar retrofits ahead of the CMF solar roof. On motion by Councillor B. Vrbanovic, seconded by Councillor J. Smola, the staff recommendation in report FIN-09-039 was brought forward for consideration as modified to provide that: the Centre In the Square proposal be inserted as the second priority in the first paragraph and the Kitchener Public Library project be added to the end of the same list; the CMF solar roof be added as the second priority in the list of projects in the second paragraph; and, a new paragraph be added between the third and fourth paragraphs to provide that the KPL project also be considered for funding through the Building Canada Fund. Councillor Gazzola questioned if the City was being asked to prioritize projects. Mr. Chapman advised that they were not being asked to specify priorities, however, staff is of the opinion it is important to give indication of top priorities of the City. Councillor Gazzola expressed support for the proposed direction but also a desire for flexibility that will allow change in priorities where warranted as business plans are completed. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway "That staff be directed to submit the following projects, in order of priority, for consideration for funding through the Federal Infrastructure Stimulus Fund: 1. Infrastructure Remediation ($26.6 million); 2. Centre in the Square ($1.2 million); 3. Consolidated Maintenance Facility ($14.0 million); 4. Strasburg Road Industrial Project ($5.5 million); 5. Accessibility Improvements ($1.0 million); 6. Kitchener Public Library ($5.6 million); and, That staff be directed to submit the following projects, in order of priority, for consideration for funding through the Federal Green Infrastructure Fund: 1. Solar Retrofits ($1.2 million); 2. Consolidated Maintenance Facility Solar Roof ($4.1 million); 3. City Hall Lighting ($1.0 million); 4. Energy Management Systems ($1.5 million); and, That staff be directed to submit the following projects, in order of priority, for consideration for funding through the Federal Recreational Infrastructure Canada Fund: 1. McLennan Park Development ($3.0 million); 2. Bridgeport Community Centre ($2.1 million); 3. Aquatic Facility Upgrades ($5.0 million); and, That staff be directed to submit, as an initial submission, in order of priority, for consideration for funding through the Building Canada Fund: 1. Kitchener Public Library ($5.6 million); and further, COUNCIL MINUTES MARCH 23, 2009 - 69 - CITY OF KITCHENER That the General Manager of Financial Services be directed to issue correspondence to all area Members of Federal and Provincial Parliament to outline the City's infrastructure priorities for potential funding through the 2009 Federal budget." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the report of the Finance and Corporate Services Committee be adopted. Carried. At the request of staff (memorandum dated March 4, 2009 - L. Eckel Braun), it was agreed to amend Clause 9 of the report, dealing with amendments to the Municipal Code in respect to Cemeteries, to also include reference to amendments to Chapter 213 (Columbaria and Mausoleums). Councillor J. Gazzola advised that he would not support Clause 12 of the report, dealing with construction of an underground parking garage as part of the Kitchener Public Library's main branch expansion, as it is his preference to create a parking enterprise and that efforts should be made to promote alternative transportation through higher parking fees. Mayor Zehr agreed that higher parking fees should be pursued; however, he suggested that it would not be feasible until such time as public transit becomes attractive and / or can handle increased demand. He also agreed that a parking enterprise should be pursued at such time as it can be proven to be self-sustaining. Councillor Gazzola advised that he would not support Clause 13 of the report, concerning a purchase order to Rolta International for additional mapping features in the Water & Gas Utilities GIS Data Conversion Project, as other alternatives had been presented and it was his opinion continuation of the project could be postponed. The Finance and Corporate Services Committee report was then voted on Clause by Clause. Clause 9 -Carried, as Amended. Clauses 11, 12 & 13 -Carried. Clause 14 - Dealt with under Delegations and Carried by recorded vote. Balance of report -Carried. Councillor B. Vrbanovic raised concerns with a recent influx of graffiti throughout the municipality and the slow pace at which remediation occurs both on City property and property of other agencies such as Kitchener-Wilmot Hydro and Canada Post. He suggested that staff be directed to report on the status of the City's graffiti program and what could be done to work with other agencies to address the issue of remediation. He suggested that staff include investigation of steps taken by the City of London to ban the sale of spray paint to persons under a certain age group. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That staff be directed to report on the status of the City's Graffiti Program, said report to include consideration of what might be done to work with other agencies to address the issue of remediation and investigation of steps taken by the City of London to ban the sale of spray paint to persons under a certain age group." Carried. COUNCIL MINUTES MARCH 23, 2009 - 70 - CITY OF KITCHENER Councillor B. Vrbanovic provided a brief summary of a recent meeting of the National Board of Directors of the Federation of Canadian Municipalities. Highlights included: restrictions on the sale of bottled water; draft immigration strategy report; motion on conventional television -funding model for small stations; and, a scoping mission to Afghanistan to determine whether municipalities have a role to play in reconstruction efforts. Councillor G. Lorentz advised of requests made by constituents who have family members who are either war veterans or currently serving in Afghanistan, to be recognized by naming a street in their honour. He suggested that renaming the Conestoga Parkway to Veterans Way would be a great way to pay tribute. He also asked that staff be requested to consider moving the Cenotaph to a more prominent location, such as in front of the Kitchener Memorial Auditorium Complex. Mayor C. Zehr advised that some discussion regarding relocation of the Cenotaph has already taken place with the local Royal Canadian Legion and Councillor Lorentz agreed to leave this matter with Mayor Zehr to follow-up on. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That staff be directed to request the Ministry of Transportation to consider renaming of the Conestoga Parkway to Veterans Way as a tribute to Region of Waterloo war veterans and serving soldiers, and report back on this and any other viable alternatives, to a future Finance & Corporate Services Committee meeting." Carried. Mayor C. Zehr reported on Regional issues, advising that Regional Council approved: a grant of $537,410. for the re-development of the property known as the Lang Tannery at 36 Francis Street; a joint parking project with the City of Kitchener to construct a 412 space below-ground parking structure behind 134 and 150 Frederick Street; and a service agreement with ARISE Technologies, for a pilot project that will re-use water from the Mannheim Water Treatment Plant for industrial cooling by ARISE and will also help to conserve treated drinking water. Council agreed to the request of Mr. R. Gosse, City Clerk, to add two additional by-laws for three readings this date, concerning amendments to Chapters 210 and 213 (Municipal Cemeteries) of the Municipal Code, relative to Clause 9 of the Finance and Corporate Services Committee report. 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 assume certain lands within the City of Kitchener as a public highway. (e) To further amend By-law No. 2007-138, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (f) To confirm all actions and proceedings of the Council. (g) Being a by-law to amend Chapter 210 of the City of Kitchener Municipal Code respecting Cemeteries -Municipal. COUNCIL MINUTES MARCH 23, 2009 - 71 - CITY OF KITCHENER (h) Being a by-law to amend Chapter 213 of the City of Kitchener Municipal Code respecting Columbaria and Mausolea in Municipal Cemeteries. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor J. Gazzola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Council subsequently gave first and second reading to one additional by-law (shown as Item i) below) relative to Item B.3 of the Committee of the Whole to authorize an application for absolute title for part of Glasgow Street. 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. 2009-049) (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. 2009-050) (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. 2009-051) (d) Being a by-law to assume certain lands within the City of Kitchener as a public highway. tBy-law No. 2009-052) (e) To further amend By-law No. 2007-138, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. tBy-law No. 2009-053) (f) To confirm all actions and proceedings of the Council. tBy-law No. 2009-054) (g) Being a by-law to amend Chapter 210 of the City of Kitchener Municipal Code respecting Cemeteries -Municipal. tBy-law No. 2009-055) COUNCIL MINUTES MARCH 23, 2009 - 72 - CITY OF KITCHENER (h) Being a by-law to amend Chapter 213 of the City of Kitchener Municipal Code respecting Columbaria and Mausolea in Municipal Cemeteries. tBy-law No. 2009-056) (i) Being a by-law to authorize an Application for Absolute Title for part of Glasgow Street. tBy-law No. 2009-057) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned at 9:15 p.m. Carried. MAYOR CLERK COUNCIL MINUTES MARCH 23, 2009 - 73 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That Demolition Control Application DC09/01/S/GS requesting permission to demolish one (1) single detached dwelling located at 28 Schweitzer Street, owned by Harvey Huber, legally described as PLAN 675 LOT 16, be approved, subject to the following conditions: 1) That the owner obtains a building permit for the proposed single detached dwelling; and, 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: 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. 2. That the extension of the purchase order for the Lennox Lewis Way (Hanson Avenue) Extension be approved, to provide the Walter Fedy Partnership with an additional $37,525 (plus 10% contingency and GST - $43,153.75) for the added construction services (site inspection and contract administration) necessitated by an extended construction schedule, including a winter shutdown of the project; and further, That the extension of the purchase order for the Block Line Road Extension between Hanover Street / Fallowfield Drive and Lennox Lewis Way be approved, to provide the Walter Fedy Partnership with an additional $68,900 (plus 10% contingency and GST - $79,235) for added detailed design and construction services (site inspection and contract administration) requirements necessitated by the addition of the development of a roundabout at the Block Line Road -Hanover Street intersection. 3. That the City-owned land fronting on Kehl Street, between 184 and 196 Kehl Street, be changed from Priority B land to Priority A land and be added to the list of Priority A land in Development and Technical Services Department report DTS-08-196; and, That City-owned lands listed as Priority A, as amended, in Development & Technical Services Department report DTS-08-196, be identified for consideration to be declared as surplus to City's needs; and, That the general public be informed, including adjacent landowners, as well as the Environmental Advisory Committee and other agencies, of a public information session, where staff will obtain community input on development alternatives for the subject parcels, for Council to consider when deciding on whether to declare City-owned lands as surplus to City needs; and further, That all interested parties be notified, including owners of property within 120 metres of all subject properties, of the date and time of the Council meeting where the decision to declare City-owned lands as surplus will be considered. FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That Council Policy I-495 (Security Officers) be amended to reflect current practices, as attached to Corporate Services Department report CRPS-09-010. 2. That in conjunction with the Multicultural Festival and all activities connected therewith, to be held at Victoria Park on Saturday, June 20 and Sunday, June 21, 2009, the period of June 20 to July 1, 2009 inclusive, be declared a period of Civic Celebration in the City of Kitchener and that this event be considered a "Community Festival" within Kitchener; and further, COUNCIL MINUTES MARCH 23, 2009 - 74 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - 2 (Cont'd) That the KW Multicultural Festival Inc., be granted a Temporary Retail Market Licence, provided that the necessary licence, including Health and Fire approvals, is obtained. 3. That the request of the World Partnership Walk to sell refreshments in Victoria Park on May 31, 2009, be approved, provided the necessary licence is obtained, including Health and Fire approvals; and further, That the World Partnership Walk be granted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code in conjunction with an event in Victoria Park on May 31, 2009 from 11:00 a.m. to 3:00 p.m. 4. That Homeniuk Rides Inc. be granted permission to operate a midway at Weiland Ford, 707 Ottawa Street South, from April 23 to May 3, 2009, subject to the following: LI... ~v.. ..F ....... v..+~.. «.. .. «..A Date Start Close Thursda , A ril 23 3:30 .m. 10:00 .m. Frida , A ril 24 3:30 .m. 11:00 .m. Saturda , A ril 25 10:00 a.m. 11:00 .m. Sunda , A ril 26 Noon 10:00 .m. Monday, April 27- Thursda , A ril 30 3:30 p.m. 10:00 p.m. Frida , Ma 1 3:30 .m. 11:00 .m. Saturda , Ma 2 10:00 a.m. 11:00 .m. Sunda , Ma 3 Noon 9:00 .m. That the music at the Midway be turned down at 8:00 p.m. excepting those evenings preceding a school day when it shall be turned off at 8:00 p.m.; and, That the music be turned off one hour before closing time on the evenings preceding anon- school day; and, That parking arrangements be reviewed with Transportation Planning staff to ensure adequate off-street parking will be provided; and further, That the required licence be obtained prior to operating the Midway. 5. That Homeniuk Rides Inc. be granted permission to operate a Midway at Weiland Ford, 707 Ottawa Street South, from August 19 to August 23, 2009, subject to the following: Hours of o eration; and, Date Start Close Wednesda , Au ust 19 3:00 .m. 10:00 .m. Thursda , Au ust 20 Noon 10:00 .m. Frida , Au ust 21 Noon 11:00 .m. Saturda , Au ust 22 10:00 a.m. 11:00 .m. Sunday, August 23 Noon 9:00 p.m. That the music at the Midway be turned down at 8:00 p.m.; and, That the music be turned off one hour before closing time; and, COUNCIL MINUTES MARCH 23, 2009 - 75 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 5. (Cont'd) That parking arrangements be reviewed with Transportation Planning staff to ensure adequate off-street parking will be provided; and further, That the required licence be obtained prior to operating the Midway. 6. That K-W Oktoberfest, to be held October 9 to 17, 2009, be proclaimed a period of Civic Celebration; and, That the City of Kitchener has no objection to a Special Occasion Permit being issued for the Oktoberfest Festhallen to be operated by Kitchener-Waterloo Oktoberfest Inc. during the period of Civic Celebration; and further, That this event be declared a Community Festival as it is a celebration of Kitchener's German heritage. 7. That Opportunities Waterloo Region be approved to hold a temporary retail market at the Unity Centre for Practical Christianity, 2631 Kingsway Drive on May 2, 2009 from 10 a.m. to 3 p.m. provided the necessary licence, including Health and Fire approvals is obtained; and further, That the licence fee for the temporary retail market licence be reduced to $42.80. 8. That the Chief Administrator, upon consultation with the City Clerk, the City Solicitor and the appropriate General Manager(s) be authorized to grant permission for City-owned and copyrighted material to be published elsewhere, when in his/her opinion the material is substantially in the public realm or of such a general nature that there is no valid reason to withhold such permission. 9. That the draft by-law dated February 18, 2009, attached to Community Services Department report CSD-09-015 be adopted to amend Chapter 210 (Cemeteries -Municipal) and Chapter 213 (Columbaria and Mausoleum -Municipal Cemeteries) of the City of Kitchener Municipal Code; and further, That staff be directed to forward the amending by-law to the Registrar appointed pursuant to the Cemeteries Act (Revised) for approval. (As Amended) 10. That the Mayor and Clerk be authorized to execute the Multi-Sectoral Service Accountability Agreement with the Waterloo Wellington Local Health Integration Network, subject to the satisfaction of the City Solicitor. 11. That the provision of a $30,000 Line of Credit to Grand River CarShare be extended by five years to April 30, 2014 from the current termination date of April 30, 2009; and, That the interest rate on the Line of Credit be reduced from the current rate of 10% to a rate equivalent to the City's short-term investment yield to be adjusted quarterly; and, That one in-kind parking spot be provided to Grand River CarShare at a City parking lot where there is excess capacity; and, That the value of this parking space be recognized as a cost to the City's Transportation Demand Management Program upon implementation of the program; and further, That the Mayor and Clerk be authorized to enter into an agreement with Grand River CarShare satisfactory to the City Solicitor. COUNCIL MINUTES MARCH 23, 2009 - 76 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 12. That the development of an underground parking structure with 412 parking spaces, more or less, as part of the Kitchener Public Library Main Branch expansion be approved; and, That the City issue a Letter of Understanding to the Province of Ontario, to The Regional Municipality of Waterloo, and to the Kitchener Public Library outlining the commitment of the City to this project and secure written confirmation of the commitment of each organization to this project; and, That a co-ordinated request for proposal for engineering/architectural services that would combine the expansion of the Kitchener Public Library Main Branch and the development of an underground parking structure with 412 parking spaces, more or less, be developed and circulated to qualified firms; and, That a recommendation be brought back to Council for approval of the award of the request for proposal for architectural/engineering services; and further, That staff be directed to undertake a broader public visioning exercise for the Civic District lands and report back to Council with the results, including options for the area above the underground parking structure. 13. That Purchase Order PO0801026 to Rolta International, Inc. be increased by $252,231.17 to $714,303.39, exclusive of GST, to provide funding for the incorporation of additional mapping features in the Water and Gas Utilities GIS Data Conversion Project; and further, That $252,231.17 of funding be allocated from the following accounts: Louisa St Reconstruction $115,000 (water) New Regulator Station $40,000 (gas) New Gas Services $97,231.17 (gas). 14. That "Kitchener Market" be approved as the new name for the City's market facility; and, That "Every reason. Every season." be approved as the new tagline for the Kitchener Market; and, That staff be directed to make application to the Ministry of Agriculture, Food and Rural Affairs for grant funding to assist in the re-launch and new marketing campaign for the Kitchener Market; and further, That Option B, as attached to Chief Administrator's Office report CAO-09-009, be approved as the new logo for the Kitchener Market. (Dealt with under Delegations and Carried by recorded vote) 15. That staff establish a skills based task force to develop a 5 year strategic plan for the Kitchener Market aligned with current initiatives to date; and further, That the strategy identify, evaluate and recommend a governance framework to provide support and direction in implementing the Strategic Plan. COUNCIL MINUTES MARCH 23, 2009 - 77 - 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. Bridgeport Bridge & Bridge Street Improvements -Noise Exemption Council considered Development and Technical Services Department report DTS-09- 052 (J. McBride), dated March 17, 2009. It was resolved: "That the Regional Municipality of Waterloo and its contractor(s) be exempt from the provisions of Article 6 (Construction Work) of Chapter 450 (Noise) of the City of Kitchener Municipal Code during the Bridgeport Bridge and Bridge Street Improvements project in the City of Kitchener with the request for the Noise By-law exemption being only between the hours of 6:00 a.m. to 7:00 a.m. and 7:00 p.m. to 10:00 p.m. for the period March 23, 2009 to November 30, 2009." 3. Application for Absolute Title -Part of Glasgow Street Council considered Corporate Services Department report CRPS-09-033 (F. McCrea), dated March 17, 2009. It was resolved: "That a by-law pursuant to Section 31(1) of the Land Titles Act, R.S.O. 1990, c. L.5 to authorize an application for absolute title for part of Glasgow Street described as Part 1 on draft Reference Plan prepared by Metz & Lorentz Ltd, dated April 15, 2008 (File No. W1-59-16) being Part of P.I.N. 22698-0990 and PIN 22184-0454 be taken as read a first and second time; and, That an easement in favour of the Regional Municipality of Waterloo, registered as instrument number WR213082, which expired on December 31, 2008, be deleted from title to Part of Glasgow Street described as Parts 1 and 2 on Reference Plan 58R-15861 being PIN 22184-0454; and further, That the Mayor and Clerk be authorized to execute all documentation required to complete an application for absolute title and to delete the easement registered as WR213082 from title, to be prepared and registered by the solicitors for Ira Needles Commercial Centre Joint Venture (being Brigadoon Holdings Inc., VDL (2005) Limited and Geoffrey L. Moore Realty Inc.), all to the satisfaction of the City Solicitor." 4. Liquor Licence Review Application -Taco Bite - 24 King Street East Council considered Corporate Services Department report CRPS-09-027 (P. Harris), dated March 3, 2009. It was resolved: "That subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below that Council take no action to oppose the application for a liquor license for Taco Bite located at 24 King COUNCIL MINUTES MARCH 23, 2009 - 7$ - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 4. Liquor Licence Review Application -Taco Bite - 24 King Street East tCont'd) Street East applied for by Viola Cortez Munoz (herein referred to as the "Applicant"); and further, That the Mayor and Clerk be authorized to enter into an agreement with the applicant should she be willing wherein the applicant agrees to abide by the following conditions and to request they be added to her licence if the Alcohol and Gaming Commission of Ontario chooses to issue the licence: 1. to post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; 2. to become an active member of the Kitchener Downtown Business Association's License and Entertainment Committee and attend its meetings; 3. to abide by a set 30% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) in other words alcohol sales will be limited to 30% of gross refreshment sales; 4. to stop serving alcohol by 12:01 a.m. daily in the first year of operation and thereafter to stop serving alcohol by 2:00 a.m. daily; 5. to notify the Clerk of the City of Kitchener in writing of any application to change the license at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the establishment without the consent of the City's Council; 6. to comply with the Noise By-law and the Smoking By-law; and, 7. these conditions shall bind all successors, assigns and subsequent licence holders (if any." 5. Liquor Licence Review Application - 2190042 Ontario Inc. - 30 Duke Street West Council considered Corporate Services Department report CRPS-09-028 (P. Harris), dated March 5, 2009. It was resolved: "That subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below, that Council take no action to oppose the application for a liquor license for The Gig located at 30 Duke Street West, Unit 107 applied for by 2190042 Ontario Inc. (herein referred to as the "Applicant"); and further, That the Mayor and Clerk be authorized to enter into an agreement with the applicant should they be willing wherein the applicant agrees to abide by the following conditions and to request they be added to their licence if the Alcohol and Gaming Commission of Ontario chooses to issue the licence: 1. to post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; 2. to become an active member of the Kitchener Downtown Business Association's License and Entertainment Committee and attend its meetings; 3. to abide by a set 30% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) in other words alcohol sales will be limited to 30% of gross refreshment sales; 4. to stop serving alcohol by 2:00 a.m. daily; 5. to notify the Clerk of the City of Kitchener in writing of any application to change the license at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the establishment without the consent of the City's Council; 6. to comply with the Noise By-law and the Smoking By-law; and, COUNCIL MINUTES MARCH 23, 2009 - 79 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Liquor Licence Review Application - 2190042 Ontario Inc. - 30 Duke Street West tCont'd) 7. these conditions shall bind all successors, assigns and subsequent licence holders (if any). 6. 2009 Federal Budget Infrastructure Funding Dealt with under Delegations. 7. Appointment of Council Representative -Kitchener Housing Inc. Council considered Corporate Services Department report CRPS-09-034 (R. Gosse), dated March 5, 2009. It was resolved: "That Councillor C. Weylie be appointed to the Board of Directors of Kitchener Housing to replace Councillor K. Galloway." $. Bikewav Study -Update Council considered Development and Technical Services Department report DTS-09- 050 (J. McBride), dated March 16, 2009. It was resolved: "That the Mayor and Clerk be authorized to execute the Transportation Demand Management Agreement with the Province of Ontario for the purposes of updating the 1998 Bikeway Study, said agreement to be to the satisfaction of the City Solicitor." 9. Engineering Agreement -Morrison Road Reconstruction Council considered Development and Technical Services Department report DTS-09- 037 (B. Korah), dated February 25, 2009. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor for the provision of professional engineering services made between the City of Kitchener and MTE Consultants Inc., regarding Morrison Road Reconstruction." 10. Williamsburg Community Centre -Lease Agreement Council considered Community Services Department report CSD-09-014 (M. Hildebrand), dated March 13, 2009. It was resolved: "That the Mayor and Clerk be authorized to execute a five year agreement with Max Becker Enterprises Limited for the premises located at 1187 Fischer-Hallman Road, Suite 620, Kitchener, Ontario, subject to the satisfaction of the City Solicitor; and, That included in the agreement is the lease of 3,000 square feet of space at a cost of $25 per square foot (being $17 per square foot plus $8 per square foot common area maintenance) for the first year, with an annual rental increase of 3% for each of the remaining years; and further, COUNCIL MINUTES MARCH 23, 2009 - $0 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 10. Williamsburg Community Centre -Lease Agreement tCont'd) That $40,000. be allocated from the City's capital contingency account to contribute to the finishing of the leased space." 11. Social Gaming Event -Beth Jacob Congregation Council considered Corporate Services Department report CRPS-09-031 (P. Harris), dated March 9, 2009. It was resolved: "That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to the Beth Jacob Congregation to conduct a social gaming event at the Beth Jacob Synagogue, 161 Stirling Avenue South, Kitchener, on June 24, 2009."