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HomeMy WebLinkAboutCouncil - 2009-04-06COUNCIL MINUTES APRIL 6, 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". On motion by Councillor G. Lorentz, the minutes of the regular meeting held March 23, 2009 and special meetings held March 23 & 30, 2009, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Council recognized the Kitchener Mixed Curling Team, in attendance this date, for winning Gold at the 2009 International Children's Games recently held in Riviera, Switzerland. The following individuals received Awards of Merit in recognition of serving on special Committees and Boards under the jurisdiction of City Council An Award of Merit is given for service in excess of 5 years and recipients in attendance personally received their awards presented by Mayor C. Zehr. Awards of Merit Anthony Bender Lawrence Bingeman Don Bourgeois Robert Dingman Joan Euler Yvonne Fernandes Jerry Finnen Birgit Heilig Nirala Sonder Glen Woolner Councillor B. Vrbanovic, in his role as 3rd Vice-President of the Federation of Canadian Municipalities (FCM), advised that 3 years ago disaster relief efforts were launched by FCM in partnership with senior governments, Canadian municipalities and the Canadian International Development Agency (CIDA), to aide in the rehabilitation and reconstruction of Asian countries following devastation of a tsunami. It was pointed out that the Government of Canada through these associated partnerships has committed a total of $425M in disaster relief and reconstruction efforts. Councillor Vrbanovic announced that FCM has recognized 4 municipal staff for their outstanding contribution through participation as a volunteer in FCM's Canada /Sri Lanka Municipal Co-operation Program. Commemorative plaques were presented by Mayor C. Zehr and Councillor Vrbanovic to Joyce Evans, Director of Revenue, Pauline Houston, General Manager of Community Services, and Laura Reed, Teen Co-ordinator, Kitchener Public Library. Mayor Zehr and Councillor Vrbanovic were joined by Regional Chair Ken Selling for the presentation to Chris Harold, Region of Waterloo -Public Health, Information Specialist. Mayor Zehr and Councillor Vrbanovic then made similar presentations to Daiene Vernile and Ryan Snider, CTV, for their presentation of CTV's documentary, "Cities Helping Cities", on FCM's post- tsunami assistance response in Sri Lanka. Mayor Zehr presented a commemorative plaque to Councillor B. Vrbanovic in recognition of his key role in organization of the relief efforts and for his volunteer participation in Sri Lanka and in post- debriefing of the reconstruction project. Ms. Denise Keelan, Manager of Aquatics & Athletics, announced that the Kitchener Rivershark Twins Fastball Team had won the 2008 ISC World Fastball Tournament held last summer in Wisconsin, USA. Mayor C. Zehr presented a commemorative book to each member of the Team. Mr. Jim Hallman, Team Sponsor, thanked the City for honouring the memory of his brother, Peter, by naming the Peter Hallman Ball Yard in his honour and acknowledged the facility's first class reputation. Angela Mondu, Director of the Canadian Forces Liaison Council (CFLC) and Henrik Noesgaard, former Managing Director of Colt Canada (Diemaco), presented a Certificate of Recognition to Mayor C. Zehr and Carla Ladd, CAO, for best practices in employer support of reservists. Messrs. Larry Galajda, Chairman, and Jerry Van Ooteghem, President & CEO, Kitchener-Wilmot Hydro Inc. (KWHI) / Kitchener Power Corporation, attended to present their 2008 Annual Report. A summary document highlighting aspects of the Annual Report was previously circulated. Mr. Galajda complemented staff of Kitchener-Wilmot Hydro for outstanding results in 2008, commenting that the Corporation remains financially strong and continues to provide good value to its shareholders. He encouraged the City to become familiar with the new Green Energy and Green Economy Act 2009 COUNCIL MINUTES APRIL 6, 2009 - $6 - CITY OF KITCHENER (Government Bill 150), which has received two readings and for which regulations are currently being developed. Mr. Van Ooteghem provided an overview noting an increase of 1.9% in customers served in 2008; a decrease in kw/hr sales of 2.1 % reflective of customer conservation efforts and general economic downturn in the manufacturing sector; controllable costs that remain among the lowest of the large utilities in comparison to the Provincial average, resulting in an expense to customer ratio of $154.94; a net income of $5.16M in 2008 representing 3% of total revenue and an effective decrease of $447,000. from 2007, primarily attributed to a decrease in revenues resulting from lower kw/hr sales and lower yield on investments; and, an increase in shareholders equity by $2.9M to $106.8M, with $2.3 M paid in dividends. Mr. Van Ooteghem then provided statistics on customer service performance indicators, including: system reliability; quality; and efficiencies (i.e. smart meter technology; bar coding system implementation for inventory management; and on-line electronic billing system). KWHI continues to support the Ministry of Energy's commitment to create a culture of conservation, participating in delivery of all Ontario Power Authority's CDM programs. Mr. Van Ooteghem concluded that KWHI remains in a good financial position, continuing to re-invest in its infrastructure and providing excellent service to its customers at the lowest residential rate among the large utilities in the Province. Mr. Galajda then presented a dividend cheque to Dan Chapman, City Treasurer, in the amount of $1,937,250., as well as, a cheque for the 2008 Reforestation Grant of $40,000., representing KWHI's commitment to replenish trees removed as a result of maintenance of its hydro lines. Councillor J. Gazzola questioned the impact of the proposed combined Federal and Provincial sales taxes (GST /PST) on electricity prices. Mr. Galajda anticipated the impact to result in an automatic increase in pricing. Councillor Gazzola questioned if the retained earnings could be used to soften the impact to consumers. Mr. Van Ooteghem responded that despite retained earnings, there will be major expenditures to cover in 2009-2010; in particular, implementation of smart meters and the Wilmot transformer station, both of which are $13M projects. Councillor Gazzola questioned if there are efficiencies to be gained with implementation of the smart meter process. Mr. Van Ooteghem advised that meters will be read remotely through wireless technology and will provide additional data on power outages that can be used to respond to such occurrences more effectively. He added that the system has potential for use by Kitchener Utilities as it has the capability to read gas and water meters. Mr. Terry Reidel, Executive Director, Manufacturing Innovation Network (MIN), presented an overview of the services provided through MIN, a free on-line network connecting the manufacturing sector to expert resources where they can discover and share operational efficiencies and work to create a better environment. Mr. Reidel advised that MIN came about as a result of the City's Corporate Visitation Program, acknowledging the City's financial contribution, provision of staff expertise, and as well, technological expertise provided by IGLOO software. Ms. Janice Ouellette, Facilitator, Volunteer Resources & Community Engagement, announced 3 key initiatives in celebration of National Volunteer Week and in recognition of an estimated 8,000 volunteers who contribute to City of Kitchener programs and affiliated groups, including: raising awareness to encourage volunteering; recognition of all volunteers who support City facilities and programs; and to undertake an internal button distribution campaign to encourage City staff to share their volunteer experience with others. A preview was then provided of a slideshow production entitled "National Volunteer Appreciation". Ms. Ouellette also provided an overview of Earth Day 2009 celebrations, highlighting planned events geared toward community spring cleaning and litter pickups. It was noted that the City had already participated in Earth Hour on March 28, being an initiative originally launched in Australia to raise awareness to climate change and encourages everyone to turn off their lights for 1 hour during the evening. New events include lunch and learn sessions and a movie screening of the documentary "Garbage! The Revolution Starts at Home". Council considered Chief Administrator's Office report CAO-09-021 (R. Regier), dated April 2, 2009 concerning the Agreement of Purchase and Sale between the City and Andrin Investments Limited for the Centre Block lands. Mayor C. Zehr advised that the intent is to table report CAO-09-021 and refer same to the April 20, 2009 Finance & Corporate Services Committee for consideration. COUNCIL MINUTES APRIL 6, 2009 - $7 - CITY OF KITCHENER Mr. Regier reviewed background details leading to the drafting of the Agreement of Purchase and Sale and key features of the agreement, including: price of land /buildings to be sold to Andrin; purchase price to the City for the underground parking; timing provisions for development; and, terms of security to protect the interests of the City and developer. Consultation on the agreement is planned with the Downtown Advisory Committee (DAC), Economic Development Advisory Committee (EDAC) and the Kitchener Downtown Business Association (KDBA). If approved by the Finance and Corporate Services Committee on April 20, ratification by Council will follow on April 27, 2009. Mr. Regier advised that the deadline for completion of the Development Agreement for the site will then be November 30, 2009; a sales office will be established to move forward with pre-sales; and dependent on marketing outcomes, building permits will be issued and the development will be completed in three phases. He stated that the agreement will solidify the City's commitment and allow the development to proceed to address details of construction. He commented that this is an ambitious undertaking that will set a new standard for urban architectural design. Councillor J. Gazzola questioned how many other agreements will be required for this transaction and the potential for the Development Agreement to be completed prior to the November 30 deadline. Mr. Regier advised that there are 4 to 5 additional agreements to complete and while the Development Agreement could potentially be completed earlier he pointed out that there is a significant amount of planning that has to be accomplished in finalizing the agreement. Councillor Gazzola questioned the timing for completion of the development and Mr. Regier advised that the first phase of the development is to be completed within 36 months from signing of the Development Agreement. Councillor Gazzola requested clarification of the financial aspects. Mr. Regier advised that the Centre Block lands /buildings are to be sold to Andrin for $3.1 M and the City will purchase between 200-250 parking spaces at a rate of $35,000 per space, subject to completion of the Development Agreement. Councillor B. Vrbanovic questioned why the Development Agreement is being separated from the Agreement of Purchase and Sale. Mr. Regier advised that the existing agreement with Andrin has been non-binding and in general terms. To reach a Development Agreement, Andrin will be required to invest a considerable sum to obtain architectural drawings and requires a binding agreement to move forward and to allow the City's participation. Councillor Vrbanovic requested clarification of the information available on the City's website relative to Schedules `A' and `B' containing legal descriptions and encumbrances. Mr. Regier advised that a summary of the agreement document is available and legal descriptions are provided in detail in the Terms of Reference for the Request for Proposals issued in 2006. He stated that a reference plan is now being developed to consolidate the parcels of land and the outline of the single parcel will be determined in part by the Development Agreement. He added that when fully defined, the details would be brought forward and he agreed to post the existing Schedules `A' and `B'. Councillor Vrbanovic requested that across-reference also be provided to the initial phasing of the development and members of Council be notified of the dates and times for consultation with the Advisory Committees and the KDBA. Councillor J. Smola questioned what is to occur with the buildings at 156 and 158 King Street pending the start of Phase 3 of construction. Mr. Regier advised that interim uses will continue through to the start of Phase 3, noting that 158 King is currently used for community uses such as the University of Waterloo Artery Gallery and 156 King will be used as a project site for the reconstruction of King Street. Mr. Peter Smith, Andrin Investments, spoke to his company's experience in developments of this nature, citing an example of the Kaufman Lofts. He stated that throughout negotiations they have not compromised the guiding principles in any way and will work to ensure that this development encourages alive /work environment in the downtown, maximizes use of transit, completes any necessary remediation of the lands, and be built to energy efficient standards. He commented that the current economic climate was not predicted by anyone in the industry and while troubling, he expressed faith in the overall economy, the country having a strong banking system and the Canadian Government having taken mitigating steps within the mortgage industry. He stated that there has been recent indication of a renewed interest in the housing market with the availability of lower mortgage rates and some confusion over the proposed combining of the GST /PST has spurred movement in sales. Mr. Andrin expressed the opinion that the best place to live is in the Downtown and his company remains 100% committed to investing in the Downtown and to meet the timeframes of the agreement. Councillor Gazzola asked the delegation for his opinion of an earlier completion of the Development Agreement. Mr. Smith reiterated his commitment to meeting the November 30 deadline, noting that a considerable amount of planning must go in to achieving a fully designed development. He added COUNCIL MINUTES APRIL 6, 2009 - $$ - CITY OF KITCHENER that it is anticipated marketing of the development will begin before that date and as soon as pre- sales are met, financing will be finalized and construction will start. Councillor Gazzola questioned the number of pre-sales and Mr. Smith advised that currently the target to finalize financing within the banking system is approximately 80% and the same would apply to all phases of development. Councillor Vrbanovic requested clarification of the timing of opening a sales office. Mr. Smith advised that apre-marketing campaign is to begin on approval of the Agreement of Purchase and Sale that will include consultation with focus groups to determine what is desired in the units themselves and will require a sales office for launching of the campaign. Mr. Jack Redmond attended in respect to the Agreement of Purchase and Sale, raising concerns with regard to the following: schedules are too generalized in respect to the transfer /boundaries of the lands and should be more clearly delineated by survey to allow full understanding of any consequences in the phasing of development; conditions should be clearly defined in respect to default in timing as to who among potential differing mortgagees would have first priority; wider circulation and opportunity for public input as this is a major investment by the City and should include the K-W Home Builders Association; payment of costs for closing under Land Titles should be borne by the developer, not the City; and, the reference plan /Development Agreement should be completed in closer proximity to the Agreement of Purchase and Sale. Ms. Fiona McCrea advised that she would pursue the issues raised by Mr. Redmond with the City Solicitor for response at the April 20th Finance and Corporate Services Committee meeting. Mayor C. Zehr noted that membership on the Advisory Committees to be consulted has representation from within the housing industry, the April 20th meeting is a public meeting and all information is to be made available on the City's website. Councillor Vrbanovic asked that staff provide an update to the April 20th meeting on the professional advice the City has received throughout this process. Mr. Regier advised that initially Dr. James McKellar, School of Business, York University, was retained as Fairness Advisor and has been consulted on a regular basis as the project moves forward. He added that staff are also working with Ken Yolles, Cassels Brock, external counsel, who works extensively in the real estate industry. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the Agreement of Purchase and Sale between the City and Andrin Investments for the Centre Block lands, attached to report CAO-09-021, be tabled and referred to the April 20, 2009 Finance and Corporate Services Committee meeting for discussion." Carried. Messrs. Mike Devine, President -CAW Local 1451, Tim Mitchell, President CAW Local 1524 and Ms. Violet Badger, Member -CAW Local 1106, attended to request Council to consider adopting a "Buy Canadian" policy in respect to the City's Purchasing By-law. Council was in receipt of the Canadian Auto Workers (CAW) "Buy Canadian -Build Communities" resolution and legal opinion on the compatibility of "Buy Canadian" policies with the procurement rules of international and domestic trade agreements. The delegation spoke to the recent downturn in the auto manufacturing sector, noting the closure of Kitchener Frame and encouraged a "Buy Canadian" or high level Canadian content in the City's purchasing practices as an investment in the community and support for local jobs. It was noted that the legal opinion provided concluded that such action would not be in violation of any international or domestic trade agreements and it was also noted that other countries have invoked similar policies. It was acknowledged that such policy may have impact to competitive pricing but the delegation expressed the opinion that the lowest bid does not always mean the best value for the dollar. The delegation commented that the impact on local jobs would produce economic return to the community and recent polls indicate a higher preference for buying Canadian versus accepting the lowest bid. They encouraged the City to adopt a "Buy Canadian" policy to keep jobs in the community. Councillor J. Gazzola referenced historical data that indicates protectionist policies, especially in recessionary times, does not help in the long term and asked the delegation to comment. Mr. Devine cited an example of products shipped from China but no reciprocal trade products return. He stated that Canadians must look to buy Canadian and be innovative in promotion of Canadian products to compete in international trade. Councillor Gazzola commented that it was his understanding that COUNCIL MINUTES APRIL 6, 2009 - $9 - CITY OF KITCHENER over the past 10 years there has been a positive trade balance with more Canadian products being sold outside the country. Mr. Devine disagreed noting that of more than 100,000 vehicles brought in to be sold by KIA, only 362 Canadian made vehicles went back. Councillor Gazzola commented that tough questions have to be asked and it is important to look at the bigger picture to ensure the best course of action. Mr. L. Gordon, Chief Purchasing Officer, was asked to comment, advising that a "Buy Canadian" policy would mean increased costs that would be borne by the ratepayer. He stated that the City does all it can to ensure it is buying to the best advantage of the community, which would include buying outside of the country but noted that with large capital projects most are done using local construction contracting. Councillor G. Lorentz inquired as to any discussion that has taken place with other purchasing colleagues and / or cities. Mr. Gordon advised that there has been discussion among members of the Ontario Buyers Association who is working with local municipalities to develop a unified response to this issue. Mayor Zehr advised that a similar report is also coming forward for consideration by Regional Council. Councillor G. Lorentz extended his sympathy for the manufacturing sectors experiencing difficulties in this current economic climate; however, he was of the opinion that all implications of a "Buy Canadian" policy should be fully investigated and deliberated prior to a decision being made to adopt such policy. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That staff be directed to report to a future Finance and Corporate Services Committee meeting on the implications associated with the adoption of a `Buy Canadian' policy, as proposed by the Canadian Auto Workers (CAW) delegation of April 6, 2009." Carried. Council was in receipt this date of a memorandum (L. Thompson), dated April 3, 2009 concerning Clause 9 of the Development and Technical Services Committee report of this date, dealing with a rezoning application for 1941 Ottawa Street South by Deerfield Homes Limited and associated amendment to the Laurentian West Community Plan to designate the property as Multiple Residential rather than Low Density Residential. The memorandum provides details of a meeting held with area residents, City staff and the developer. Ms. Shelley Donald attended on behalf of the property owners of 1989 Ottawa Street South, Mr. & Mrs. Price. Ms. Donald spoke to outstanding issues concerning ongoing discussion of the exact boundary line between 1989 and 1941 Ottawa Street South; environmental issues regarding sensitivity of the water table as it relates to run-off from the proposed development and which should require completion of an environmental assessment; additional consideration of a reduced density to protect environmentally sensitive lands; and further analysis of placement of a walkway /curbside adjacent to the woodlot. It was also noted that the Region of Waterloo will be circulating a survey to area residents in early April for input through the end of May in respect to the water supply. Ms. Donald advised that a request was made to the developer for additional information on the environmental assessment and while available, she had not had time to obtain the information and review it. Ms. Donald also spoke of noise /traffic issues to which it was her understanding the report prepared is specific only to 1941 Ottawa Street South and conveyed concerns that the proposed sound barrier would not address the issue of noise. She asked that a decision concerning this zone change application be deferred to the April 20 Development and Technical Services Committee meeting to allow further dialogue and resolution of the issues raised. Ms. Donald advised that she would commit to completing a Memorandum of Settlement by April 20 in respect to site planning issues so there would be no further delay at that time. Mayor C. Zehr pointed out that the re-zoning of the land and site plan review are two separate processes. Ms. Donald concurred, advising that she proposed to resolve issues to both within the two week deferral. Mr. Robert Currie, representing his property at 1893 Ottawa Street South and representing 1901 Ottawa Street South on behalf of the owner, Sally Gies, spoke in opposition to the proposed rezoning COUNCIL MINUTES APRIL 6, 2009 - 90 - CITY OF KITCHENER of 1941 Ottawa Street South. His concerns related to the negative impact of increased traffic flow that the proposed development will generate; need for environmental studies to address impact to the forest area along Ottawa Street South from David Bergey Drive to the Hydro right-of-way, the water system and run-off from the development; incorrect description of their properties as open space and potential issues of trespassing; and tree preservation. Mr. Currie suggested that because an R-6 zoning would allow higher density than what is proposed is not a good reason to permit rezoning of these lands to higher density and asked that further consideration be given to a reduced density. Mr. Pierre Chauvin, MHBC Planning Limited, attended in support of the rezoning application on behalf of Deerfield Homes Limited. Mr. Chauvin advised that the rezoning application relates to that portion of the lands within the hydro corridor currently zoned Agricultural (A-1 ). The rezoning will bring all lands under the R-6 zoning and will allow a driveway and on-site parking for safer access. All residential components are within the current R-6 zoning and in compliance with R-6 zoning regulations. Mr. Chauvin advised that the developer has been pro-active in dialoguing with Mr. & Mrs. Price to resolve their issues, indicating that the access /parking to the site has been realigned further from their property and the adjacent buffer is significant at .5 ac in size and approximately the width of 2 urban sized lots to accommodate storm water management. He stated that the closest residential units between their property and the site will be at 173 ft; the driveway access at 83 ft; parking at 69 ft; and the storm water management pond at 16 ft. Mr. Chauvin added that the lands designated open space are not part of the development and tree saving /protection measures will be implemented as part of the site plan review process. He expressed the opinion that the property boundary is a separate matter to be dealt with under the Land Titles Act, which he intends to pursue and will adhere to the outcome. He strongly recommended approval of this application as the majority of issues raised relate to site planning and gave assurances that apro-active approach to accommodate area residents concerns will continue. In response to Councillor K. Galloway, Mr. Chauvin advised that a noise attenuation wall is to be constructed, as approved by the Region of Waterloo, together with landscaping along Ottawa Street South. The loss of parking if the hydro corridor is excluded would equate to a decrease of approximately 8 units. Councillor Galloway asked the delegation to comment on the request for deferral. Mr. Chauvin advised that they have been very engaged with area residents to resolve their issues, which will continue through the site plan process and the zoning approval is required to move forward. Councillor C. Weylie requested clarification of protection measures as it relates to ground water. Mr. Chauvin advised that the site will be fully on municipal services and maintenance measures have been approved by the Region of Waterloo. On motion by Councillor C. Weylie, seconded by Councillor J. Gazzola, Clause 9 of the Development and Technical Services Committee report of this date was brought forward for consideration, as amended to delete the deferral clause and replace it with the staff recommendation contained in Development and Technical Services Department report DTS-09-038, recommending approval of Zone Change Application ZC 08/11/O/LT (1941 Ottawa Street South -Deerfield Homes Limited). Councillor K. Galloway advised that she would not support the motion as she agreed that this development would increase traffic and exacerbate safety issues already evident along Ottawa Street South /David Bergey Drive. It was her opinion a sidewalk should be installed now by the Region of Waterloo to address issues of safety; adding that she believes this is too much development that is not in sync with the surrounding area and there are still too many questions yet to be resolved. Councillor B. Vrbanovic requested clarification as to the responsibility of the developer to provide a sidewalk as part of the development. Mr. J. Willmer, Interim General Manager, Development and Technical Services, advised that as part of the streetscape site plan the developer is only required to provide a sidewalk across the frontage of their property. Councillor Vrbanovic inquired if a deferral would bring the parties any closer to resolution and Mr. Willmer commented that the meeting held since deferral to this meeting concluded with residents still having concerns. He pointed out that the developer is committed to continuing dialogue with the parties involved and as the issues are predominantly site plan related he could see no reason for further deferral. Councillor G. Lorentz spoke in support of the rezoning, commenting that the issue of traffic and safety along Ottawa Street South is a matter for the Region of Waterloo to address as it is a Regional road and it was his opinion inclusion of the hydro corridor is an effective use for this development. COUNCIL MINUTES APRIL 6, 2009 - 91 - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 9 of the Development and Technical Services Committee report of this date, as amended, be adopted." Carried. Council was in receipt of Development and Technical Services Committee report DTS-09-057 (K. Anderl), dated April 1, 2009, relative to Clauses 10 and 11 of the Development and Technical Services Committee report of this date, dealing with a re-zoning application for 921 Glasgow Street by 2117988 Ontario Inc. (Z Group). The report is in response to a request of the Committee for staff to consider what an R-6 `plus' zone as aCity-initiated zone change might look like relative to the concerns of neighbouring property owners. Mr. Victor Labreche, Labreche Patterson & Associates Inc., attended on behalf of the applicant, Z Group. He commented that the neighbouring delegations had done a good job in lobbying Council ahead of time to garner refusal of the application notwithstanding that all Provincial, Regional and municipal planning policies in place support a higher density than what is proposed in this application. He asked that Council consider what is in the best interest of the City as a whole as the decision to refuse sets precedent for all of the City's intensification areas. He advised that he has since fielded numerous calls from within the industry and potential purchasers, concerned that the proposed action goes against the fundamental core intensification policies of the City's Official Plan. Mr. Labreche advised that the neighbours had suggested the development would be too close to their homes but is rather 120 ft away from any single family dwellings. He spoke to the grade differential suggested by the neighbours at 15m, stating that this is not the case. He pointed out that they had done a topographical survey of all the lands, including the neighbouring properties, and at the worst case scenario the grade differential is only 15 ft at the northwest corner. He added that the neighbouring lands are being afforded a greater building setback and buffer than the majority of applications Council regularly approves. Mr. Labreche referred to the Official Plan policy for mixed use node, pointing out that the minimum Floor Space Ratio (FSR) applied is 1 and the maximum is 4. While the policy states a minimum of FSR 1 what they are applying for is a maximum FSR 1. He advised that exhaustive meetings have been held with neighbouring property owners to resolve issues and he expressed the opinion that in hindsight, it may have been more plausible to apply for an R-8 or R-9 zoning or wait for the City to rezone the lands when it develops zoning categories for mixed use nodes. Mr. Labreche expressed puzzlement at comments made by Council at the Committee meeting, advising that the developer has appeal rights and would win on appeal, expressing the opinion that these comments are not acceptable and are not in any ones best interest. He questioned if it was responsible to have all parties incur costs of an Ontario Municipal Board (OMB) hearing and if the City would retain experts to support its position, the cost of which would be borne by the ratepayers, despite its own Official Plan policies and Kitchener Growth Management Strategy (KGMS). He also questioned the ability of the neighbourhood delegation to retain expert counsel to defend their position given all the planning policies in place. Mr. Labreche asked that Council consider the implications of refusal of the application and recognize that approval is the responsible action to take in respect to its own planning policies, the development industry and Kitchener ratepayers. He added that approval of the application would be in keeping with comments made by Council at the Committee meeting in respect to the KGMS, wherein they asked the development industry to realize that greenfield development is not the only focus of the City and to turn their attention to area intensification lands, and not have the OMB settle these matters. Mr. Labreche commented that to continue with the decision to refuse this application would only serve to send a mixed message and direction to developers /investors in the community and is not in the best interest of the City as a whole. It was noted that Mr. Mark Potter had also registered to speak to Clauses 10 and 11 of the Development and Technical Services Committee report but was not in attendance this date. Mayor C. Zehr advised that Council was in receipt of information provided by Ms. L. MacDonald, City Solicitor, concerning Clause 11 of the Development and Technical Services Committee report. COUNCIL MINUTES APRIL 6, 2009 - 92 - CITY OF KITCHENER Based on the advice given, he advised that the matter is being withdrawn, leaving only Clause 10 to deal with in respect to refusal of the zone change application. On motion by Councillor C. Weylie, seconded by Councillor J. Gazzola, Clause 10 of the Development and Technical Services Committee report was brought forward for consideration, to refuse ZC 08/23/G/KA (921 Glasgow Street - 2117988 Ontario Inc. [Z Group]). Councillor J. Gazzola commented that the application is predicated on a designation of mixed use node, questioning the percentage of citizens that actually know what this means. He asked how one satisfies the requirements of the mixed use node designation and if this application meets the requirements. Mr. Willmer advised that the mixed use node Official Plan designation was developed and applied in 2001 and many areas to which it was applied were already partially or substantially developed as mixed use nodes prior to their designation. This parcel is typical in having one or more sites in a mixed use node not fully developed. In respect to increased density, he confirmed that there is a strong case for this site to be increased beyond FSR 2, whereas, the applicant is applying for FSR 1; and whether through this application or another, or by approval of Council or the OMB, a substantially higher density than proposed could be approved and would comply with the Official Plan. Councillor Gazzola suggested that the neighbourhood delegation had made good argument in respect to students not being counted. Mr. Willmer agreed that the activity level is greater than what is measured (i.e. residents and jobs) and advised that the calculation also discounts shoppers in retail plazas. He stated that the calculation used is prescribed by the Province as a means to consistently measure density and is used by all municipalities in the Greater Golden Horseshoe. Councillor B. Vrbanovic agreed that the neighbourhood delegation had presented compelling arguments in respect to planning issues but was grappling with the issue of intensification and reconsideration of the decision. He commented that after reviewing all additional information provided over the last week he was not sure of the validity of the arguments put forward. He stated, however, that his primary concern is one of compatibility and he agreed that the school and students do add to the density of the area. He expressed the opinion that this proposal is not compatible with the surrounding neighbourhood, suggesting that it could be better developed based on current zoning. He added that he believed the development would add increased density in an unreasonable manner which does not make sense in respect to building a healthy community. Councillor Gazzola referred to media reports comparing this application to the Pioneer Tower area and expressed the opinion that it was an incorrect analogy as the two areas are totally different. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 10 of the Development and Technical Services Committee report of this date be adopted." Carried Unanimously, on a recorded vote. Mr. L. Gordon, Chief Purchasing Officer, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Tender T09-012, David Street, Dill Street and Schneider Avenue Reconstruction, be awarded to J. Weber Contracting Ltd., Breslau, at their tendered price of $2,079,459.17, including provisional items and contingencies of $181,935., 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 E09-017, Consultant Services -Road Reconstruction /Roads Program Geotechnical Investigation /Design /Material Testing Services, be awarded to COUNCIL MINUTES APRIL 6, 2009 - 93 - CITY OF KITCHENER Naylor Engineering Associates Ltd., Kitchener, at their estimated fee of $257,407.50, including G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." -and- "That Expression of Interest E09-024, Consultant Services - Stoke Drive Forcemain Replacement, be awarded to MTE Consultants Inc., Kitchener at their estimated fee of $62,716.50, including a contingency of $5,430. and G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Chief Purchasing Officer be authorized to execute an agreement satisfactory to the City Solicitor." Carried. It was noted that Mr. Ed Redgwell had registered to speak to the 2009 budget but had left the meeting. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." At the request of staff, it was agreed to amend Clause 8 of the report, dealing with Zone Change Application ZC 08/25/B/LT (11 Belmont Avenue West -Rosen Kolev & Hristina Koleva), by deleting the phrase "February 27, 2009" in the second last sentence and replacing it with the phrase "March 27, 2009". Councillor C. Weylie referred to Clause 6 of the report, dealing with deferral of the 2009-2010 and Post 2010 Kitchener Growth Management Strategy (KGMS). She stated that it was her understanding that what was agreed to was a separate meeting to be held at 7:00 pm on the Kitchener Growth Management Strategy and concerns from all landowners in the southwest area would be considered and heard at that time; not just Mr. P. Britton. Mayor C. Zehr advised that the second paragraph of Clause 6 had not been part of his motion and agreed that the intent was as stated by Councillor C. Weylie. Mayor Zehr questioned if the timing of the deferral was still valid given the number of issues to be addressed among interested parties. Mr. J. Willmer commented that the development industry has raised a variety of options that are significantly complex and will require substantial review. He advised that he was not optimistic in meeting the April 20 deadline. Mayor Zehr proposed that the date could be left as is on the understanding that if necessary the matter could be further deferred from April 20. Councillor K. Galloway raised concerns with continued deferral of this matter, expressing the opinion that there is no solution that will be amenable to all landowners in the southwest area and she would prefer to see this matter move forward. Councillor B. Vrbanovic suggested that it be left at this time for April 20 and should staff not be in a position to move forward at that time, they could provide notice to Council prior to finalizing meeting agendas. Councillor G. Lorentz expressed a desire to see staff movement on changes requested by Council when this matter comes back. Mayor Zehr clarified that his comments in Committee respecting change had been directed to the development industry, asking that they take a different approach. On motion by Councillor C. Weylie, seconded by Councillor J. Gazzola, it was agreed to amend Clause 6 of the report, dealing with deferral of the Kitchener Growth Management Strategy, as amended by deleting the second paragraph in its entirety. The Development and Technical Services Committee report was then voted on Clause by Clause. Clauses 6 & 8 -Carried, as Amended. COUNCIL MINUTES APRIL 6, 2009 - 94 - CITY OF KITCHENER Clause 9 - Dealt with under Delegations and Carried, as Amended. Clause 10 - Dealt with under Delegations and Carried Unanimously, on a recorded vote. Clause 11 -Recommendation Redundant and not considered as it was Withdrawn. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway Balance of Report -Carried. "That the report of the Community Services Committee be adopted. Councillor J. Gazzola spoke in opposition to Clause 7 of the report, concerning a Tier 2 Community Grant to the Magnetic North Theatre Festival, commenting that this is a $2M project for which he is still not sure where the funding is coming from, and has legacy projects for which he is not sure the funding is tied into the previous figures. He stated that while this may be a good project he still had too many questions concerning the financial aspects. The Community Services Committee report was then voted on Clause by Clause. Clause 7 -Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola Balance of report -Carried. "That the report of the Finance and Corporate Services Committee be adopted. Council was in receipt of an email transmission (G. Murphy), dated April 3, 2009 concerning Clause 4 of the report dealing with transfer of funds from the Capital Uncommitted Infrastructure Account to 4 specific Accelerated Infrastructure Project Accounts. The email provides further explanation of the purpose of the transfer and transfer amounts. On motion by Councillor B. Vrbanovic, seconded by Councillor J. Smola, it was agreed to amend Clause 4 of the report in respect to the transfer of funds, by deleting the deferral paragraph. At the request of Councillor B. Vrbanovic, it was agreed to refer Clause 9 of the report to the Committee of the Whole agenda of this date, dealing with an allocation from the Investing in Ontario Act Grant to the Consolidated Maintenance Facility (CMF), as it relates to a late report coming forward at that time regarding the Sportsworld Twin Pad Arena. Councillor J. Gazzola spoke in opposition to Clause 8 of the report, concerning an Ontario Municipal Internship Grant Agreement, as this was not discussed as part of the 2009 budget and is in his opinion in effect adding another FTE. The Finance and Corporate Services Committee report was then voted on Clause by Clause. Clause 4 -Carried, as Amended. Clause 8 -Carried. Clause 9 -Recommendation not considered as it was referred for further consideration to the Committee of the Whole agenda of this date. Balance of Report -Carried. Councillor J. Gazzola requested clarification of public meetings to be held on the potential sale of certain park lands and vacant lands, expressing concerns that the proposed dates are too close COUNCIL MINUTES APRIL 6, 2009 - 95 - CITY OF KITCHENER together. Mr. J. Willmer advised that the meetings will be held in the last 2 weeks of April. He expressed the opinion that one meeting would have sufficed but staff is offering 4 dates over a period of 1 ~/2 weeks at which time anyone who has an interest may provide their input and receive information. He advised that he did not wish to extend the length of time as there is also a period of 2-3 weeks following the meetings in which comments may still be submitted in other formats. Ms. Jana Miller, Manager of Communications, added that the dates are posted on the City's website and will be advertised in community newsletters. The two-week consultation will be from April 20 to May 4 and a variety of opportunities to comment will be provided, including: attending one of the public meetings; written submissions; on-line questionnaire; email; and, telephone. Council agreed to the request of Mr. R. Gosse, City Clerk, to add 3 additional by-laws for three readings this date, being: two Zoning Amending By-laws, one for 11 Belmont Avenue West and one for 1941 Ottawa Street South, relative to Clauses 8 and 9, respectively, of the Development and Technical Services Committee report; and a by-law to amend Chapter 450 (Noise) of the Municipal Code relative to Clause 1 of the Finance and Corporate Services Committee report. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to provide for the establishing and laying out of part of Woodbine Avenue and part of Bianca Court as a public highway in the City of Kitchener. (b) Being a by-law to exempt certain lands from Part Lot Control -Part Block 26, Registered Plan 58M-132 - Activa Avenue. (c) To confirm all actions and proceedings of the Council. (d) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Rosen Kolev & Hristina Koleva -Belmont Avenue West. (e) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Deerfield Homes Limited -Ottawa Street South. (f) Being a by-law to amend Chapter 450 of the City of Kitchener Municipal Code with respect to Noise. 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 G. Lorentz as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor G. Lorentz 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 B. Vrbanovic Seconded by Councillor K. Galloway "That the by-laws be given third reading, namely: COUNCIL MINUTES APRIL 6, 2009 - 96 - CITY OF KITCHENER (a) Being a by-law to provide for the establishing and laying out of part of Woodbine Avenue and part of Bianca Court as a public highway in the City of Kitchener. tBy-law No. 2009-059) (b) Being a by-law to exempt certain lands from Part Lot Control -Part Block 26, Registered Plan 58M-132 - Activa Avenue. tBy-law No. 2009-060) (c) To confirm all actions and proceedings of the Council. tBy-law No. 2009-061) (d) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Rosen Kolev & Hristina Koleva -Belmont Avenue West. tBy-law No. 2009-062) (e) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Deerfield Homes Limited -Ottawa Street South. tBy-law No. 2009-063) (f) Being a by-law to amend Chapter 450 of the City of Kitchener Municipal Code with respect to Noise. tBy-law No. 2009-064) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 10:55 p.m. MAYOR CLERK COUNCIL MINUTES APRIL 6, 2009 - 97 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That the staff recommendation contained in Development and Technical Services Department report DTS-09-045 (Winter Parking Prohibition -Chapel Street), dated March 13, 2009, be deferred for consideration to a future Development and Technical Services Committee meeting, pending further dialogue between all interested parties and investigation of operational methods to address snow removal on Chapel Street as it relates to on-street parking and emergency vehicle access. 2. That on-street parking be prohibited at anytime on the west side of General Drive from Lancaster Street West to a point 62 metres south and the Uniform Traffic By-law be amended accordingly. 3. That on-street parking be prohibited at anytime on the north side of Forwell Road from a point 408 metres east of Centennial Road to its easterly limit; and, That on-street parking be permitted for up to three (3) consecutive hours on the south side of Forwell Road, from a point 340 metres east of Centennial Road to a point 70 metres east thereof; and further, That the Uniform Traffic By-law be amended accordingly. 4. That the City of Kitchener and its contractor(s) be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code, Article 6 (Construction Work), during the King Street and Speakers Corner Reconstruction project, between the hours of 7:00 p.m. and 7:00 a.m. for the period April 6, 2009 to September 30, 2009. 5. That Demolition Control Application DC08/24/F/JVW requesting permission to demolish one (1) single detached log farmhouse located at 1571 Fischer Hallman Road, owned by Tru-Villa Inc., legally described as TCT German Company Pt. Lot 154 Pt. Lot 155, be approved without conditions. 6. That final consideration of the 2009-2010 and Post 2010 Kitchener Growth Management Plan, as attached to Development and Technical Services Department report DTS-09-048, be deferred and referred to a meeting of the Development and Technical Services Committee to be held on April 20, 2009; with any recommendation made by the Committee on this matter to be considered at the April 20, 2009 Special Council meeting. (As Amended) 7. That pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and delegation by-law 2002-64, draft approval be granted to Plan of Subdivision Application 30T-02208, in the City of Kitchener, for The INC Corp., subject to the conditions detailed in Development and Technical Services Department report DTS-09-044, dated March 23, 2009; with the following changes to conditions contained in Section 3 and Subsection 4.1 of the subdivision agreement, as required by the Regional Municipality of Waterloo: 3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS That the SUBDIVIDER satisfy the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner's of Planning, Housing and Community Services: 1. That, if necessary, the applicant enter into an agreement with the Regional Municipality of Waterloo to provide for a Letter of Credit acceptable to the Region for design, construction and installation of illumination for the intersection of Ira Needles Boulevard and realigned Glasgow Street, that meets Regional standards as per the Region of Waterloo Illumination Policy. APRIL 6, 2009 COUNCIL MINUTES - 9$ - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 7. (Cont'd) 2. That the subdivision agreement be registered by the City of Kitchener against the land to which it applies and a copy of the registered agreement be forwarded to the Regional Municipality of Waterloo prior to final approval of the plan of subdivision. 3. That the applicant agrees to stage the development of this plan of subdivision in a manner satisfactory to the City of Kitchener and the Regional Municipality of Waterloo. 4. That a lot grading and drainage plan be submitted for the entire plan of subdivision to the satisfaction of the City of Kitchener and to the Regional Municipality of Waterloo where the lands drain to a Regional facility, for approval. 5. That the applicant prepares a Boulevard Restoration Plan, to the satisfaction of the Regional Municipality of Waterloo, for the intersection of Ira Needles Boulevard and realigned Glasgow Street. 6. That a stormwater management plan be submitted for the entire plan of subdivision to the satisfaction of the City of Kitchener and to the Regional Municipality of Waterloo where the lands drain to a Regional facility, for approval. 7. That the applicant submit the final designs of Glasgow Street and the intersection of Glasgow Street and Ira Needles Boulevard to the satisfaction of the Region's Commissioner of Planning, Housing and Community Services, including, but not limited to a final functional intersection, utility locations. 8. That the applicant enters into an Agreement for Servicing for Stage 2 with the Regional Municipality of Waterloo to preserve access to municipal water supply and municipal wastewater treatment services prior to final approval or any agreement for the installation of underground services, whichever occurs first. Where the applicant has already entered into an agreement for the installation of underground servicing with the area municipality, such agreement shall be amended to provide for a Regional Agreement for servicing prior to registration of any part of the plan. The Regional Commissioner of Transportation and Environmental Services shall advise prior to an Agreement for Servicing that sufficient water supplies and wastewater treatment capacity is available for this plan, or the portion of the plan to be registered. 9. That the applicant include the following statement in all agreements of lease or purchase and sale that may be entered into pursuant to Section 52 of the Planning Act, prior to registration of this plan: "The lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale are not yet registered as a plan of subdivision. The fulfillment of all conditions of draft approval, including the commitment of water supply and sewage treatment services thereto by the Region and other authorities, has not yet been completed to permit the registration of the plan. Accordingly, the purchaser should be aware that the vendor is making no representation or warranty that the lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale will have all conditions of draft approval satisfied, including the availability of servicing, until the plan is registered." COUNCIL MINUTES APRIL 6, 2009 - 99 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 7. (Cont'd) 4. CLEARANCE CONDITIONS 1. That prior to the signing of the final plan by the City's Manager of Development Review, the Manager shall be advised by the Regional Commissioner of Planning, Housing and Community Services that Conditions 3.1 to 3.9 have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region shall include a brief statement detailing how each condition has been satisfied; and, That pursuant to Section 810.2.1 of The City of Kitchener Municipal Code, the City of Kitchener formally requests Bell Canada to move, alter or rearrange its lines of telegraphic services from Old Glasgow Street to New Glasgow Street at no cost; and further, That Bell Canada be requested to coordinate the necessary relocation with new road construction, and should Bell Canada refuse/decline to cooperate, the Subdivider agrees to indemnify the City and pay all costs, including legal costs, as well as all costs for the relocation of the Bell lines. 8. That Zone Change Application ZC08/25/B/LT (11 Belmont Avenue W -Rosen Kolev & Hristina Koleva) for the purpose of changing the zoning from Residential Five Zone (R-5) to Neighbourhood Institutional Zone (I-1) with a Special Use Provision and a Special Regulation Provision, on lands municipally known as 11 Belmont Avenue West, and legally described as LOT 395 PART LOT 396 PART LOT 398 PLAN 230, in the City of Kitchener, be approved in the form shown in the "Proposed By-law" dated March 27, 2009, as provided to the Development and Technical Services Committee at its meeting of March 30, 2009. (As Amended) 9. That Zone Change Application ZC08/11/O/LT (1941 Ottawa Street South -Deerfield Homes Limited) for the purpose of changing the zoning from Agricultural Zone (A-1) to Residential Six Zone (R-6), on lands municipally known as 1941 Ottawa Street South and legally described as Part Lot 46 German Company Tract, in the City of Kitchener, be aggroved in the form shown in the "Proposed By-law" dated February 25, 2009, attached to Development and Technical Services Department report DTS-09-038 without conditions; and further, That the Laurentian West Community Plan be revised to designate the subject lands as Multiple Residential (40uph), rather than Low Density Residential, as shown on Schedule `A' to Development and Technical Services Department report DTS-09-038. (Dealt with under Delegations and Carried, as Amended) 10. That Zone Change Application ZC08/23/G/KA for 921 Glasgow Street (2117988 Ontario Inc), for the purpose of changing the zoning from Residential Six Zone (R-6) and Residential Six Zone (R-6) with Special Regulation Provision 267R to Residential Seven (R-7) with Special Regulation Provision 488R and Holding Provision 54H on lands legally described as, PART LOT 34, GCT being PARTS 1, 2, 3 and 4, 58R-15652, be refused. (Dealt with under Delegations and Carried Unanimously, on a recorded vote) 11. That staff submit a report to be considered at the Council meeting of April 6, 2009, that outlines a site specific Residential Six Zone (R-6) for 921 Glasgow Street that takes into consideration the concerns expressed by the neighbours at the March 30th Development and Technical Services Committee meeting and the Kitchener Growth Management Strategy. (Recommendation Redundant and not considered as the matter was withdrawn) COUNCIL MINUTES APRIL 6, 2009 - 100 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - 1. That the Heritage Greens Lawn Bowling Club Junior program be approved as an affiliated minor sport group with the City of Kitchener, in accordance with Council Policy I-471 (Minor Sport Affiliation policy); and further, That the Heritage Greens Lawn Bowling Club Junior program be added as an insured group to the City of Kitchener's Minor Sports Third Party Liability Insurance program. 2. That the Mayor and Clerk be authorized to execute a Temporary Occupancy Permit, for the use of the property located at 2960 Kingsway Drive in Kitchener, between the Cadillac Fairview Corp. Ltd. and the City of Kitchener, subject to the satisfaction of the City Solicitor; and further, That in subsequent years, the General Manager of the Community Services Department be authorized to execute the signing of the annual renewal of the Temporary Occupancy Permit with Cadillac Fairview Corp. Ltd., or subsequent owners and/or management of the property, subject to the satisfaction of the City Solicitor. 3. That the City of Kitchener accept the donation of 1.63 acres (0.66 hectares) of land containing a portion of woodlot located to the rear of 300-322 Fallowfield Drive and described as Part 1 of 582-14811 from Carson Reid Homes; and, That the Mayor and Clerk be authorized to execute the required documentation to effect the transfer of title, subject to the terms and conditions being satisfactory to the City Solicitor; and further, That a charitable donation receipt be issued to Carson Reid Homes for the appraised value of the parcel of land. 4. That staff be directed to proceed with processing the 2009 Tier 1 community grant for Grand Philharmonic Choir in the amount of $10,263., as anticipated in the approved 2009 budget for Tier 1 community grants. 5. That a 2009 Tier 2 community grant in the amount of $4,500. be approved to assist with costs related to the Kiwanis Music Festival, which is organized by the Kiwanis Club of Kitchener- Waterloo Charity Trust; and, That in subsequent years, venues within the City of Kitchener be pursued as possible locations for hosting the Kiwanis Music Festival; and further, That the City of Kitchener be acknowledged as a funding sponsor in all promotional materials produced for the 2009 Kiwanis Music Festival. 6. That staff be directed to re-examine the criteria in Council Policy I-525 (Community Investment) as it relates to service clubs, with the general intent being that service clubs would be eligible provided that funding is used for a specific City-wide project /event, which is targeted toward a broad cross-section of the community. 7. That a Tier 2 community grant in the amount of $41,250. in each of the 2009 and 2010 budget years, be approved to the Magnetic North Theatre Festival to be funded through a transfer from the Tier 1 community grant pool. 8. That the Special Events Unit Strategic Plan developed by St. Clements Group Inc., dated December 19, 2008, be received; and further, That staff be directed to report back in June 2009, or sooner, clarifying the mandate of the Special Events Unit and provide details on the implementation and work plan strategy to move forward with the recommendations contained in the Strategic Plan. COUNCIL MINUTES APRIL 6, 2009 - 101 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES - 1. That the draft by-law attached to Corporate Services Department report CRPS-09-032 be enacted to amend Chapter 450 (Noise) of The City of Kitchener Municipal Code. 2. That the Real Estate Services contract which had been awarded to Coldwell Banker Commercial -Peter Benninger Realty be extended for a third and final one year period ending April 16, 2010. 3. That the short form wording and suggested set fine amounts for the offences under Chapter 549, as set out in Schedule "A" attached to Corporate Services Department report CRPS-09- 030, be approved; and further, That the City Solicitor be authorized to submit this matter to the Regional Senior Judge of the Ontario Court of Justice for the establishment of set fines. 4. That the transfer of $300,000 from the Capital Uncommitted Infrastructure Account #59500194 be approved to four (4) specific Accelerated Infrastructure Project Accounts as follows: #56000163 - $10,000; #56000161 - $20,000; #56000184 - $180,000; #56000190 - $90,000. (As Amended) 5. WHEREAS the Municipal Property Assessment Corporation (MPAC) now charges municipalities for data that was previously provided free of charge; and, WHEREAS MPAC did not provide any notification to municipalities that they were reducing the level of service; and, WHEREAS municipalities rely on MPAC data for many business purposes other than property tax calculations that include the benchmarking and monitoring of development performance relative to Places to Grow targets mandated by the Province; NOW THEREFORE BE IT RESOLVED THAT MPAC be requested to reverse their decision to charge municipalities for data that was previously provided free of charge; AND THAT MPAC reimburse the City of Kitchener for data that it purchased at a cost of $2,520; AND FURTHER THAT a copy this resolution, along with a copy of Development and Technical Services Department report DTS-09-043 regarding MPAC data availability, be forwarded to the Association of Municipalities of Ontario (AMO) and to local MPPs. 6. That Financial Services Department report FIN-09-040 (Project Update for the Corporate Financial and Infrastructure Management System [Delta Project]) be received for information. 7. That approximately 10 acres of the lands located at 83 Elmsdale Drive (known as Elmsdale Operations Facility) and approximately 10 acres of the lands at 1585 Battler Road (known as Battler Aggregate Yards), owned by the City of Kitchener, be declared surplus; and staff be directed to begin the process of disposition of these properties. 8. That the Mayor and Clerk be authorized to execute the Ontario Municipal Internship Grant Agreement with the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) representing 50% of the cost of hosting an AMCTO Municipal Intern for the period July 2, 2009 to June 30, 2010. COUNCIL MINUTES APRIL 6, 2009 - 102 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES - (CONT'D) 9. That the Investing in Ontario Act Grant received by the City of Kitchener in the amount of $9,801,171. be allocated to the Consolidated Maintenance Facility (CMF) project; and further, That the ten-year capital forecast be amended to adjust the capital-out-of-current (c/c) allocation to the CMF project as follows: Year Original c/c Amended c/c Change allocation ($000's) allocation ($000's) ($000's) 2010 5,051 1,965 (3,086) 2011 7,872 1,964 (5,908) 2012 2,771 1,964 807 (9,801). (Recommendation not considered as it was referred for further consideration to the Committee of the Whole agenda of this date) COUNCIL MINUTES APRIL 6, 2009 - 103 - 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. Kitchener Gospel Temple -Request for Exemption to Chapter 450 tNoise) Council considered Corporate Services Department report CRPS-09-038 (S. Turner), dated April 1, 2009. It was resolved: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Kitchener Gospel Temple at 9 Conway Drive for their Community Carnival and BBO on Saturday April 11, 2009, between the hours of 11:00 a.m. and 5:00 p.m." 3. Fire Services Aerial Apparatus Purchase Council considered this date Development and Technical Services Department report DTS-09-060 (S. Usher), dated April 2, 2009. It was resolved: "That the upper limit of approval for the purchase of a stock aerial apparatus be increased from $836,000. to $863,538., as outlined in Development and Technical Services Department report DTS-09-060." 4. Purchase of Sportsworld Twin Pad Arena Council considered Community Services Department report CSD-09-030 (P. Houston), dated April 3, 2009 arising from in-camera discussion this date. The report recommends that the City purchase the Sportsworld Twin Ice Pad Arena at 100 Sportsworld Drive; that $8M of the Investing In Ontario Act grant be allocated to this project for the purchase price plus closing costs; and, that capital upgrades estimated at $900,000. be submitted to the Federal and Provincial governments under the Infrastructure Stimulus Fund program. Ms. P. Houston, General Manager, Community Services, advised that residents currently have access to 10 ice surfaces throughout Kitchener for ice-related sports. Need for replacement of the Queensmount and Pat Doherty arenas and along-term plan for 2 additional twin pads in southwest Kitchener have been identified in the Leisure Facilities Master Plan and Ice Demand Study to address growth and increased popularity of ice sports. The City had entered into an ice rental agreement with the former owner of the subject property, Terastar Realty, which allowed avoidance of major capital expenditures for a new replacement facility. The City was approached by an agent for the new owner, GPM Managed Investments, to consider purchase of the subject property. Ms. Houston advised that there was concern that the site may be redeveloped for a use other than as an arena having impact to ice availability to the public. Accordingly, negotiations were entered into for the purchase of the property to maintain the City's level of service for provision of ice availability to the public. COUNCIL MINUTES APRIL 6, 2009 - 104 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 4. Purchase of Sportsworld Twin Pad Arena tCont'd) Ms. Houston advised that a cost benefit analysis of three options was considered, including: • re-commissioning Queensmount Arena at an estimated cost of $1.9M to extend the life of the facility for 10 years, followed by construction of another twin pad in addition to that already in the City's 10 year capital forecast; in the first 10 years ice availability, particularly for adults, would be reduced by the equivalent of one ice pad; • purchase of the Sportsworld Twin Pad Arena plus capital upgrades estimated at $900,000; • do nothing; this approach would significantly reduce ice availability to the public and may accelerate the need to construct additional ice pads. A 30-year net present value financial analysis of all options shows that Option 2 would be the most cost effective to ensure continuation of the current level of service. Councillor B. Vrbanovic questioned how much is anticipated to be saved in respect to the 30-year net present value. Ms. Houston responded that it would be approximately $4.9M. Councillor J. Gazzola questioned if the capital upgrades must be done immediately. Ms. Houston advised that while none are required immediately, staff would like to see them completed to ensure longevity of the facility. Mayor C. Zehr commented that the proposal allows the City to take advantage of a built facility and the savings to be achieved versus re-commissioning Queensmount Arena and building a new twin pad, is significant. Councillor K. Galloway questioned the impact of not receiving stimulus funding for the capital upgrades. Ms. Houston advised that staff would have to then consider phasing the upgrades in over time starting with the 2010 Capital Budget deliberations and beyond. Councillor Galloway commented that she was in support of the proposed purchase despite her concerns with the distant location, given the cost savings / efficiencies and the need to maintain ice availability to address growth demands. Councillors B. Vrbanovic, J. Gazzola and G. Lorentz expressed support for the proposal, commenting that it represents good value for the community in obtaining a built facility at a good price and provides for continuation of the current level of service by ensuring the facility continues to be used for what it was originally intended. The following motion was Carried Unanimously, on a recorded vote. It was resolved: "That the Mayor and Clerk be authorized to execute the necessary agreements with the registered owner for the purchase of the Sportsworld Twin Pad Arena property at 100 Sportsworld Drive, including: • an Agreement of Purchase and Sale for the purchase of the building and 3 acres of land, for the purchase price of $7,800,000.; • lease and maintenance agreement for 2 acres of shared parking at an annual cost of $50,000., to be adjusted annually by the consumer price index; and, • aright-of-way agreement at an annual cost of $25,000., to be adjusted annually by the consumer price index; said agreements to be to the satisfaction of the City Solicitor; and, COUNCIL MINUTES APRIL 6, 2009 - 105 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 4. Purchase of Sportsworld Twin Pad Arena tCont'd) That $8,000,000. of the lnvesfing in Ontario Acf grant be allocated to this project for the purchase price plus closing costs; and further, That capital upgrades for the Sportsworld Arena estimated at $900,000., be submitted to the Federal and Provincial governments under the Infrastructure Stimulus Fund program as the City's highest priority for Federal Recreational Canada Fund projects; with the previous project priorities already approved for this program following next in priority." 5. Referral of Clause 9 of the Finance and Corporate Services Committee Report of April 6, 2009 -Investing in Ontario Act Grant Allocation to the Consolidated Maintenance Facility tCMF) Clause 9 of the Finance and Corporate Services Committee report of this date was earlier referred to the Committee of the Whole for further consideration this date, resulting from in-camera discussion and Council's subsequent approval to fund the purchase of the Sportsworld Twin Pad Arena property from the Investing in Ontario Act grant.. Councillor B. Vrbanovic advised that the decision concerning the Sportsworld arena property necessitates a change in allocation of Investing in Ontario Act grant funds to the CMF and a revised recommendation was circulated by staff this date. It was resolved: "That the $1,801,171. balance of the Investing in Ontario Act Grant remaining after the allocation to acquire the Sportsworld Twin Pad Arena be allocated to the Consolidated Maintenance Facility (CMF) project; and further, That the ten-year capital forecast be amended to adjust the capital-out-of-current (c/c) allocation to the CMF project as follows: Year Original c/c Amended c/c Change allocation ($000's) allocation ($000's) ($000's) 2010 5,051 3,250 (1,801).