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HomeMy WebLinkAboutCouncil - 2009-05-19COUNCIL MINUTES MAY 19, 2009 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Mayor C. Zehr. Councillor C. Weylie assumed the Chair as Acting Mayor. The meeting began with the singing of "O Canada" by the A. R. Kaufman Public School Junior Choir. On motion by Councillor K. Galloway, the minutes of the regular meeting held April 27, 2009 and special meetings held April 27 and May 11, 2009, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Mr. J. Ham, Manager of Database Administration &GIS, announced that the City received two Awards for Innovation in Geographic Information Systems (GIS); one from the Environmental Systems Research Institute (ESRI) Canada and one from the Urban & Regional Information Systems Association (URISA), Ontario Chapter. He also noted that the City will receive a third Award at the ESRI International annual conference to be held in July 2009. All three awards are in recognition of outstanding works in GIS applications related to the City's DELTA Project. All those in attendance then stood to receive the newly formed Kitchener Fire Honour Guard, led into the Council Chamber by the Kitchener Fire Pipes & Drums Band. Fire Chief T. Beckett announced that the Kitchener Fire Honour Guard is a ceremonial unit that will be available for City functions and would lead the Kitchener Fire Fighters in annual events, such as parades and Memorial Day celebrations. It was noted that the unit is being funded through existing operating funds and donations from the local Lions Club and Knights of Columbus. Staff also intends to pursue sources of grant funding. Mr. Thomas Schmidt, Commissioner of Transportation & Environmental Services, Regional Municipality of Waterloo, presented Phase II of an Environmental Assessment of the Light Rail Transit (LRT) proposal. This phase includes selection of the preferred system option, evaluated using a Multiple Account Evaluation (MAE) of costs-benefits analysis. Five scenarios were evaluated, including: abase system of gradual expansion of existing iXpress and local Grand River Transit (GRT) bus service operating in mixed traffic; LRT from St. Jacobs Farmers' Market in Waterloo along the rail spur line to King Street then into Cambridge; LRT on King Street in north Waterloo to the University of Waterloo then along the rail spur line to King Street; bus rapid transit (BRT) along the rail spur line in Waterloo to King Street and into Cambridge via Highway 8 / 401; and BRT on King Street in north Waterloo to the University of Waterloo then along the rail spur line to King Street. A comparison of costs and revenue estimates were provided for LRT and BRT options, with costs ranging from $1.3 B (LRT) to $585 M (BRT) and revenues of $8.5M (LRT by 2014) rising to $18M in 2031 and $7.5M (BRT by 2014) rising to $16M in 2031. The overall evaluation determined an LRT Spurline best accomplishes the objectives of the Region's Growth Management System and while it presents the highest cost, it has the highest overall benefit to the Regional community. An LRT spur line is being recommended as the preferred option for a rapid transit system. The assessment also included a review of staging options with the preferred staging consisting of an LRT /Adapted BRT system representing the best balance between costs and benefits. A Downtown Kitchener Functional Plan was reviewed showing a rail system route along Charles Street /Frederick Street /Duke Street West /Francis Street North /King Street West and proposed LRT stations on Duke Street West and Charles Street. The study was reviewed by an Expert Review Panel consisting of a group of professionals representing a range of relevant fields and it was their consensus that a full LRT system is justified. A comparison of estimated ridership was provided relative to north and south bound routes indicating an increase to 135,000 by 2031 (north of Fairview Mall) and an increase to 57,000 by 2031 (south of Fairview Mall). A comparison of capital costs between an LRT, BRT and staged approach was provided for both north and south routes, ranging from $700M and $639M (LRT), $379M to $204M (BRT), and $710M and $80M (staged). Next steps include completion of the public consultation, completion of Procurement and Financing analysis, formalization of funding agreements with senior levels of government, and completion of an implementation schedule. It is anticipated that should the preferred option be approved by Regional Council, this initiative will then transition to the expedited transit EA process in July 2009 with Ministry of Environment approval expected by December 2009; design phase to begin in 2010; procurement agreements to be finalized in 2010-2011; contract award in late 2011; construction to commence in COUNCIL MINUTES MAY 19, 2009 - 132 - CITY OF KITCHENER 2012 over 2014; and system opening by late 2014. A Regional staff report will be presented to Regional Council at a public meeting to be held June 10, 2009 with a final recommendation to be brought forward on June 24, 2009. Councillor J. Gazzola requested explanation as to why a BRT system is not recommended given a substantial difference in cost. Mr. Schmidt advised that while lower in cost, the BRT does not have the same level of benefits. He pointed out that buses are currently running on King Street every 2 to 3 minutes and is at system capacity. He suggested that a BRT system would result in a $600M expenditure for a system that would not be big enough and would have to be rebuilt in a relatively short period of time. Councillor Gazzola noted that the initiative is proposed to be financed using only public funding and Mr. Schmidt concurred; however, he noted that financing options have not been finalized and it is intended to look at varying procurement options that may also include the private sector. Councillor Gazzola commented that it is hard to define benefits. Mr. Schmidt responded that it requires envisioning what the community /quality of life should look like 30 years out, wherein there is desire to slow urban sprawl and provide options to facilitate intensification and alternative modes of transportation. He added that it is recognized that cars will still be a factor with not everyone choosing to use the LRT; but for those who do it will provide an option to live, work and shop along the corridor. He suggested that it is a matter of working to shape the future environment of our Regional communities. Councillor Gazzola inquired as to the amount of property tax paid on average in support of public transit now and as projected in 2014. Mr. Schmidt responded that there are many services provided that are not equally used but for which residents contribute to through property tax. He advised that specified dollar amounts are unknown at this time as the procurement /financing aspect has not yet been finalized; however, currently the GRT is subsidized by approximately $30M, which would equate to approximately 10% of the Regional portion of property tax. He added that as an example, all roads are funded through property tax but not all drive a car and whether they use a car, transit or neither, decisions must be made for the greater good of the community. Councillor Gazzola requested explanation of the Expert Review Panels' opinion. Mr. Schmidt advised that the panel felt a full LRT system could be justified based solely on the benefits it presents regardless of cost; whereas, Regional staff in recommending a staged approach, recognize a full system would not be cost effective and does not match with Regional growth strategies at this time. Councillor G. Lorentz inquired as to indications received as a result of the public consultations. Mr. Schmidt advised that all businesses along the proposed corridor were contacted and individuals have opportunity to provide input through the Region's website, as well as at various open houses. He added that while a target number for input has not been specified, flyers have been sent out to all Regional households to ensure residents are aware of the opportunities to provide input. Councillor Lorentz questioned how urban areas could access the proposed centralized route. Mr. Schmidt advised that the existing GRT system will undergo a complete re-design to support the LRT; wherein, urban areas will use the bus system to get to the LRT and then can go north /south from there. Councillor Lorentz commented that the City had recommended the Region widen Queen Street; however, only intersection improvements are being made. He questioned how more buses could be placed on streets like this and expressed difficulty in understanding how the LRT will work for the average homeowner. Mr. Schmidt responded that it must be recognized that the Region is to grow from around 500,000 currently to approximately 700,000 by 2031 and suggested that traffic will not look the same. He stated that roads cannot be widened everywhere to allow traffic to flow but rather must be enhanced by alternative options such as the LRT. Councillor Lorentz questioned what expectation in respect to percentages arising from public consultation the Region is contemplating would be sufficient on which to base a final decision. Mr. Schmidt reiterated that a specified target has not been identified but noted that the Region is receiving a good range of response through the venues provided. He added that the public will also have opportunity to directly respond to Regional Council at the June 10 public meeting. Councillor B. Vrbanovic requested Mr. Schmidt to comment on review of the City of Portland, Oregon, which has undergone a similar process. Mr. Schmidt advised that Portland was looked at closely given its success in reshaping the fabric of their City through implementation of an LRT system. He added that debate in respect to a BRT vs. LRT demonstrated the latter as having greater impact in usage by the broader community. He noted that an LRT system is permanent and therefore, reliable which spurs development around the system; whereas, a BRT has potential to move and is dependent on growth around it. COUNCIL MINUTES MAY 19, 2009 - 133 - CITY OF KITCHENER Councillor C. Weylie noted that the Regional Official Plan is to be finalized in June 2009 and questioned the timing of consideration of the Regional Master Transportation Plan (RMTP). Mr. Schmidt advised that the RMTP will come forward either late 2009 or early 2010. Council considered Corporate Services Department report CRPS-09-037 (S. Turner), dated May 4, 2009, concerning an outstanding Property Standards Order for the property known municipally as 65 Weber Street East and staff's intention to pursue action to have the building structure demolished given it has deteriorated to a point where it is no longer feasible to undertake renovations necessary to bring the building up to an acceptable standard. Mr. Oto Buryanek, owner of 65 Weber Street East, attended to advise that he was in agreement that the building structure should be demolished and he was prepared to comply with this course of action immediately. Council was circulated this date with correspondence received from Leadership Waterloo Region (LWR) in response to an internal audit recently conducted by the City of Kitchener. The recommendation of City staff arising from results of the audit is to no longer include LWR in the Tier 1 Community Grants Program commencing in 2010 but be considered as an external supplier of leadership development services as warranted. Mr. Murray Costello, Union Gas, spoke in support of continued funding to LWR, noting that his firm actively sponsors this group and has had good success among its own employees who have participated in the leadership programming. Councillor B. Vrbanovic asked the delegation for his opinion as to the benefits the community receives in the long term as a result of this program. Mr. Costello responded that this program is needed to encourage future generations to become involved in leadership roles and it provides them with exposure to the skills necessary to do so. Ms. Myrta Rivera, former Executive-Director of the K-W Multicultural Centre, also spoke in support of LWR, encouraging consideration of the meaning of leadership and how the LWR helps to educate in respect to leadership development. She expressed the opinion that the audit report was short sighted and raised concerns that the report was posted on the City's website prior to it being discussed with LWR. Ms. Rivera raised concerns as to the potential adverse effect the report could have on funding to this organization. She suggested that the LWR should explore methods in which to enhance / promote their programming and similarly, the City should explore collaborative initiatives in which they may benefit from partnering with LWR. In respect to the impact evaluation statements related to the role of alumni gender, she stated that given so few women take on leadership roles the fact so many are a part of LWR should be considered a positive. Ms. Rivera expressed the opinion that LWR helps to build a stronger community and is worthwhile reconsidering in respect to continued funding. Ms. Fawzia Mazur spoke in support of LWR as a graduate of their program. Her goal in participating was to learn leadership skills and how they may apply to community leadership; and since graduating she has taken on a number of leadership roles in the larger community and within her ethnic faith community. Ms. Joanne McQuiggan, Board Chair, LWR, commented that the audit report has reinforced LWR's view that they need to better communicate the value of their programming and its impact to the community. She stated that they have done an exceptional job in building personal and professional networking opportunities in development of leadership skills. She noted that the scope of the audit was limited to considering if LWR aligns with the community and corporate directions of the City and provided examples which she suggested demonstrate that they have met these objectives. Ms. McQuiggan stated they are building leadership capacity with emphasis on community engagement for which she believes all have a responsibility to do but expressed the opinion no other group is currently providing. She agreed that community information found in their curriculum is available through other sources, but noted that their purpose is not just provision of information but rather to develop skills so that participants can act on the information provided. She asked that LWR be approved for Tier 1 grant funding until such time as the organization can achieve self-sustainability and that the audit report be removed from the City's website to allow further dialogue with staff to correct certain assumptions made which they consider to be inaccurate. Councillor J. Gazzola requested clarification of the City's grant contributions for 2007 and 2008. Ms. McQuiggan advised that the City had contributed approximately $7,500. and $7,800., in respective COUNCIL MINUTES MAY 19, 2009 - 134 - CITY OF KITCHENER years and a grant of $7,803. is proposed for 2009. Councillor Gazzola stated that he had no concerns with the work done by the organization but suggested that it should be funded through tuition fees rather than through public funds. Ms. McQuiggan advised that LWR is working toward that end; however, there is concern that higher fees may limit participation and it is their desire to remain open to all. Councillor Gazzola suggested that this is a form of post-secondary education, which is a Provincial responsibility. Ms. McQuiggan responded that their program is different from post secondary education in that, they are community based and their graduates give back to the benefit of the community. Councillor Gazzola suggested that the same can be true of post secondary graduates. Councillor G. Lorentz inquired how accessible LWR will be once they achieve self-sustainability. Ms. McQuiggan advised that LWR is investigating other revenue streams and has raised the tuition fee this year. More applications over 2008 enrollment were received which suggests the increased fee has not had an adverse impact; however, they are still not at the level of full cost recovery. She added that LWR has sponsors and receives donations from the community which they will continue to pursue. Councillor Lorentz inquired as to a timeline to achieve self-sustainability and Ms. McQuiggan responded that a definite timeline has not yet been established. She added that it is not likely they will achieve self-sustainability within the next 5 years. Councillor B. Vrbanovic questioned if a commitment was made to review and discuss the report with LWR prior to its release. Ms. P. Houston advised that the report was released to both the LWR and the Social Planning Council of Kitchener-Waterloo on the Tuesday before the Friday release date for agendas. She advised that she did meet with LWR on two occasions in respect to their concerns to determine if the information was factual and conclusions had not been based on anything other than fact. It was staff's opinion the content was factual and conclusions were based on the facts; however, she offered to continue to dialogue with LWR to resolve this matter. Councillor Vrbanovic questioned if staff had taken into consideration the importance of community organizations to the well being and quality of life in the community. Ms. Houston advised that it was to the extent to which the grant application met the criteria, in that, Tier 1 grants are foundational or core services considered to be essential for a healthy community. LWR has a limited number of participants which in the context of the criteria is not considered sufficient to meet the broader mandate and is why it is recommended that the City consider LWR as an external supplier of leadership development services as warranted. Councillor Vrbanovic questioned the impact if there were no leaders in the community to take on this kind of initiative. Ms. Houston did not disagree that leadership training is important but maintained the scope of this program does not meet the intent of the criteria. Councillor Vrbanovic referenced statements in the report in respect to LWR alumni comments and lack of response from Board members. He questioned that given the mandate is to ensure programming aligns with City strategic plans, if the statements are really quantitative or qualitative in nature. Ms. Houston advised that the information received was considered in respect to how closely activities align with the City's mandate and also in respect to the value received for the monies contributed. Councillor Vrbanovic noted that non-profit organizations struggle to find funding to provide services to the community and questioned what would happen if these programs do not exist. Ms. Houston again did not disagree such programs are important but maintained in this instance the program is really an orientation or starting point and as such is not considered to have sufficient depth to meet the broader mandate. On motion by Councillor G. Lorentz, seconded by Councillor K. Galloway, Clause 3 of the Community Services Committee report was brought forward for consideration to remove LWR from the Tier 1 Community Grants Program and consider LWR as an external supplier of leadership development services as warranted. Councillor Vrbanovic spoke in opposition to the motion, expressing surprise with the conclusions reached, which in his opinion are not reflective of the true nature of the organization or comments from the community as to its benefits. He suggested that such organizations operating on a volunteer basis are needed and without, would have an adverse impact on the quality of life in this community; or, alternatively the City would have to provide them at a substantially higher cost. Councillor K. Galloway advised that she would not support the motion as it was her opinion now is not the time to eliminate their funding given the difficulty of fundraising and soliciting private sector COUNCIL MINUTES MAY 19, 2009 - 135 - CITY OF KITCHENER donations in the current economic climate. She encouraged the organization, however, to continue to work toward becoming self-sustaining. Councillor J. Gazzola advised that notwithstanding he had no concerns with the operation of LWR, he could not support their grant request as it was his opinion it should not be funded from the local public purse. He pointed out that significant review of the City's grant program was completed with new criteria and plans to address these kinds of issues, which should not be taken lightly. He stated that in these economic times everyone is impacted, including the ratepayers of this community and in some cases, organizations may experience funding cuts. He suggested that their leaders will have ideas to overcome funding setbacks and may be the better for having to deal with such situations. Councillor Lorentz stated that he did not disagree with Councillor Gazzola's comments; however, he suggested that the grant funding proposed is a small investment to make in a good organization and should be provided until such time as LWR becomes self-sustaining. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That Clause 3 of the Community Services Committee report of this date be adopted." A recorded vote was requested. In Favour: Councillor J. Gazzola Contra: Councillors G. Lorentz, J. Smola, C. Weylie, K. Galloway and B. Vrbanovic Motion Lost. Councillor B. Vrbanovic requested clarification as to how other grants were handled in respect to the term of the grant funding. Ms. P. Houston advised that staff is working toward multi-year agreements for Tier 1 grants which will come back in the fall for approval and if it is Council's intent, LWR should be included in this process. She added that expectations toward LWR achieving self-sustainability could be included in the agreement. Councillor C. Weylie referred to the request from the delegation to remove the report from the City's website. Mr. R. Gosse, City Clerk, pointed out that Council's Accountability and Transparency Policy stipulates that all reports considered by Committees and Council must be posted and available for public review. It was his opinion that an adverse precedent would be established if the report was now removed after having been made public. Ms. L. MacDonald, City Solicitor, concurred with Mr. Gosse, advising that the report having been made public should remain in the public realm. Councillor Vrbanovic inquired as to a mechanism to attach a commentary page to the report in respect to the concerns raised by the delegation regarding the content of the report. Mr. Gosse advised that there is no such mechanism and suggested that the appropriate avenue would be to have their concerns reflected in the minutes of this meeting. Councillor Gazzola questioned if it was more a matter of a difference of opinion than inaccuracies but expressed the hope that staff would further dialogue with LWR in respect to their concerns and report back to Council if needed. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That a grant in the amount of $7,803. be approved in 2009 for the Leadership Waterloo Region (LWR) and concerns raised by LWR respecting the content of the City's internal audit report be reflected in the May 19, 2009 Council minutes; and further, That staff be directed to include LWR in the Tier 1 Community Grants Program agreement process to come forward for consideration in the fall 2009." A recorded vote was requested COUNCIL MINUTES MAY 19, 2009 - 136 - CITY OF KITCHENER In Favour: Councillors G. Lorentz, J. Smola, C. Weylie, K. Galloway and B. Vrbanovic Contra: Councillor J. Gazzola Motion Carried. Council was circulated this date with letters of support provided to the Social Planning Council of Kitchener-Waterloo (SPC) in response to an internal audit recently conducted by the City of Kitchener. The recommendation of City staff arising from results of the audit is to provide a reduced grant in the amount of $43,000. annualized over the remainder of 2009 and that planning services be purchased from the SPC on a project by project basis as warranted. Mr. Russell O'Brien and Ms. Krista Bellwood-Kiers, Board Members, SPC, attended to speak to the results of the audit report. Mr. O'Brien raised concerns as to the extent of the proposed funding cut and expressed disappointment at the conclusions drawn. He stated that higher weight was given to the opinions of funders /sponsors while opinions of stakeholders were ignored. He noted that part of Tier 1 criteria requires them to be a long standing, credible organization, advising that the SPC has been supported by the City since 1972. In 2009, Council approved a grant to the SPC in the amount of $86,000. on which they based their budget. He pointed out that they only received notice of the proposed funding cut on May 5 and have not had sufficient time to assess their core operations. He acknowledged the Community Services Committee recommendation provided a delay in the effective date beyond July 1, 2009; however, the total annualized grant remains at $43,000. and the SPC has already received the majority of that amount. He asked that more time be given to assess their programming and to develop a plan to deal with the significant reduction in funding. He added that he takes seriously the opinions expressed by the funders, whom he suggested do not fully understand the work SPC does and more time would allow an opportunity to dialogue with the funders to ensure an understanding of the work they do. Ms. K. Bellwood-Kiers advised that the proposed reduction will require re-assessment of SPC's current work plan to determine what may need to be scaled back and has potential to adversely impact a number of services they provide. She noted that the total cost for their programming is estimated at $83,000. per year and asked that time be given to transition and revise their model for social planning work. She requested that the $86,000. grant be re-instated for 2009, that a consultative process be entered into in respect to changes in funding, and that revised funding not take effect any earlier than January 2010. Councillor Vrbanovic recalled that several years ago there was discussion that given the size of the grant the SPC should align more closely with priorities of the City and questioned if any discussion has taken place in respect to work the City needs being done as part of the grant. Ms. Trudy Beaulne, Executive Director, SPC, advised that since establishment of Compass Kitchener the SPC has not worked directly on City projects but does participate internally on the Safe & Healthy Community Advisory Committee and Festival of Neighbourhoods. She added that the SPC aligns activities targeted to the Kitchener community in collaboration with the City and in conjunction with their poverty reduction initiatives. It was also noted that the SPC participated in the Table Talks hosted by Compass Kitchener. Ms. Shirley Schuy, Women for Sobriety (WFS), advised that WFS is anon-profit organization similar to AA but is geared solely toward women. She advised that the SPC provides WFS with meeting space they cannot otherwise afford and they also make use of the ConnectKW service. She stated that the SPC plays an important role for a variety of community groups and if funding is reduced many programs, such as the WFS, will be in jeopardy. Ms. Joey Edwardh, Executive Director, Community Development Halton, advised that the Region of Halton undertook a study to determine how and when to provide support for the well being of the social sector. They found 235 social agencies in existence, employing approximately 5,000 persons and who mobilize approximately 20,000 volunteers. The economic value of the social sector equates to $240M contributed to Halton. She commented that SPCs engage the community which is an integral part of strategic priorities and are intermediary organizations assisting in research and development of community. They also value diversity, equity and social justice, creating living conditions where all are included. Ms. Edwardh encouraged Council to think of Kitchener's needs in community building and support the local SPC. COUNCIL MINUTES MAY 19, 2009 - 137 - CITY OF KITCHENER Mr. Jeffrey Beckner advised that he has been involved with the SPC in establishing a Crisis Hotline for Youth and in respect to issues of homelessness. He added that as a person living with a disability he has been assisted by the SPC who helped to bring awareness of opportunities in which he could participate and has led to leading and initiating some programs in areas of interest to him. He asked that funding continue to be provided and an opportunity for dialogue to occur to correct understanding between the SPC and its funders. Mr. Edwin Laryea, President of the African Canadian Association, spoke in support of the SPC, and as a former Board member. He stated that community development and inclusivity is stronger when all participate and the SPC has a role to play as an intermediary organization. He suggested that their service is important to groups who do not necessarily feel comfortable with sharing their ideas and the SPC provides a safe place and assistance in channeling their ideas and in forwarding them on to politicians. He raised concerns that the proposed funding cut would have a negative impact in their ability to participate and asked that Council consider those who benefit from this service. Ms. Melanie Hogg, community volunteer, questioned the value of the audit report and its conclusions, raising concerns with regard to generalized statements and dismissal of stakeholder opinions. She agreed that the perception of funders needs to be addressed expressing the opinion that the majority of events are viable community initiatives. Mr. John MacDonald, Architect, raised concerns with respect to the potential impact to the Festival of Neighbourhoods if funding to the SPC is reduced. He advised that he could not speak directly on behalf of the Festival as it is a joint venture between his company, the City and SPC. He pointed out that SPC has made the Festival aware alternate support may have to be found in light of their potential funding reduction. Mr. MacDonald stated that finding another funding source for the Festival would be difficult and asked that the City continue its support of SPC. Councillor C. Weylie requested clarification as to how the Festival was formed. Mr. MacDonald advised that it originated from an idea among a group of citizens and 4 to 5 years ago the SPC formally adopted the Festival. He added that the City funds apart-time co-ordinator and his company and the SPC also contribute. Mr. Brad Ullner and Ms. Xanthe Martin, Co-Chairs, Disabilities and Human Rights Group, spoke in support of continued funding to the SPC, commenting on their experiences in becoming involved in disability advocacy in the community. Ms. Martin suggested that their ability to make positive changes and contributions is a testament to the value SPC provides as a venue that without, they would not otherwise be able to carry on as they have. Councillor B. Vrbanovic referred to the financial information, requesting clarification as to what the subsidies relate to. Ms. T. Beaulne advised that this is related to pay equity and participation in career training through the Job Connect Program. Councillor Vrbanovic noted that there are only 4 key funders and questioned if the 75% of funders who found it a challenge to work with the SPC relates to those 4. Ms. P. Houston suggested that would be a correct assumption but would need to follow-up with staff to confirm. She added that this would have been based on the views of the person(s) interviewed. Councillor J. Gazzola requested clarification of reference to the community information enquiry centre servicing only 5% of the population. Ms. Houston advised that this was based on the number of persons who access the centre. Councillor Gazzola inquired as to how this was defined. Ms. T. Beaulne suggested that it was not an accurate reflection of all who access this service, adding that. over 2004-2007 all known contacts across all services was approximately 49% from Kitchener. Councillor Vrbanovic inquired if staff has dialogued with the SPC in respect to tying grant funding to specific work the City requires. Ms. Houston advised that she was not aware of anything staff may have required but pointed out that the recommendation leaves the door open to explore services that may be of benefit to the City. Councillor B. Vrbanovic suggested that this matter be deferred to allow further discussions in respect to the timing of the potential cutback and how the City will partner with the SPC going forward. He stated that he believes the SPC provides value to the community and is especially needed in the current economic climate. He added that there is need to link their work with strategic directions of the City and suggested that inequity in contributions between Kitchener, the City of Waterloo and the Region of Waterloo should also be part of the discussions. COUNCIL MINUTES MAY 19, 2009 - 138 - CITY OF KITCHENER Councillor J. Gazzola questioned the need to defer this matter, noting that the delegations concerns relate to a funding cut mid-year. He suggested that their funding be continued in 2009 and subsequently, there would be opportunity to discuss with staff where they will go from there. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway "That Clause 4 of the Community Services Committee report of this date be deferred and referred to the September 14, 2009 Community Services Committee meeting to allow further discussion between staff and the Social Planning Council of Kitchener-Waterloo as to the timing of the proposed funding reduction and how the City will partner with the SPC going forward." Carried. Mr. Andrew Head, Dryden Smith & Head Planning Consultants, attended in respect to Clause 7 of the Finance and Corporate Services Committee report of this date, which recommends a request to locate a refreshment vehicle at 932 Victoria Street North be denied. Mr. Head advised that he represents Mr. Dave Wilson, the applicant for the Refreshment Vehicle Licence. He stated that his client wishes to locate a BBQ and Smoker refreshment vehicle on the T/A Appliances property at 932 Victoria Street North. He explained that this type of service aligns very well with T/A Appliances as they sell BBQs and Smokers. Mr. Head added that Victoria Street is very busy with approximately 22,500 vehicles passing by the subject property daily and, in his opinion, would support his client's business along with the current places of refreshment found on Victoria Street. Mr. Head requested that Council not adopt the recommendation of the Committee and approve the licence application. Councillor C. Weylie asked Mr. Head if he or his client had spoken with the two objectors to the licence application. Mr. Head advised that he was not aware of the request to do so. Councillor G. Lorentz suggested that a discussion take place with the two objectors and if they are willing to reconsider their objections then Council could consider the request for a licence. Moved by Councillor J. Gazzola Seconded by Councillor J. Smola "That Clause 7 of the Finance and Corporate Services Committee report of this date be deferred and referred to the June 1, 2009 Finance and Corporate Services Committee meeting, to allow opportunity for the applicant to dialogue with the businesses located within the distance separation who had objected to the proposed refreshment vehicle." Carried. Mr. Stephen Kay attended to speak to the Heritage Kitchener report of this date dealing with a request to identify 393-411 Queen Street South (commonly known as the Barra Castle) as a property of very high cultural heritage value or interest for the purpose of enforcement under the Property Standards By-law. Mr. Kay advised that he acts as the Estate Trustee for the majority shareholder of 1090448 Ontario Ltd., who holds a 1St mortgage on the subject property (Barra Castle). He advised that he is requesting this matter be deferred until September as he had been notified only recently and has had no opportunity to consider the content of a letter sent to the current owner of the property. He noted that the current owner is insolvent and mortgage payments have been in arrears since early 2008. Mr. Kay advised that he has been attempting to maintain assets of the estate, including this property; however, it has been continually vandalized resulting in approximately $11,000. being billed to the property tax bill for work the City has undertaken to board up the building structure. Further disrepair has also occurred as a result of leakage during winter months. Mr. Kay pointed out that he has not had opportunity to dialogue with Heritage Kitchener or the City's Heritage Planner in respect to this matter. He referred to staff's estimate of $75,000. for exterior work to protect the heritage attributes, expressing the opinion this was significantly under-valued. He advised that structural engineers have reviewed the property and suggest the cost would be in the range of $200,000. to $300,000. to bring the building structure up to standard. He noted that the property has been listed for sale and because the property is designated under the Victoria Park Heritage Conservation District Plan the offers to purchase have been lower than the value of the property. He suggested that the proposed identification for purposes of enforcement under the Property Standards By-law would further exacerbate the situation. He pointed out that it is the responsibility of the property owner to undertake the repairs and not that of the Estate he represents. COUNCIL MINUTES MAY 19, 2009 - 139 - CITY OF KITCHENER Mr. Kay advised that the Agreements of Purchase and Sale for the subject property include condition that the new owner will undertake due diligence to address the planning /heritage issues. Two offers have been received, one of which is from an individual experienced in the planning field and who is prepared to spend what is needed and wants to bring the building structure back to the state desired by Heritage Kitchener. Mr. Kay stated that his request for deferral will allow time to entertain the offers and perhaps sell the property wherein the buyer would become responsible for the repairs. He added that given the property has significant arrears in property taxes, there is potential that the City could end up owning the property through tax sale and would then become responsible for its maintenance. Mr. Kay suggested that allowing time to consider the offers to purchase would be in the best interest of all parties. Councillor J. Gazzola asked as to the potential to force the owner into bankruptcy. Mr. Kay advised that bankruptcy is too costly a process and as a secured creditor against the property, the Estate prefers to recoup as much as possible from the security. He added that he is not contesting the merits of the heritage value but rather prefers to have the buyer pay for the restoration. Councillor Gazzola raised concerns that deferral would allow further deterioration of the building and potential for it to be lost. Mr. Kay advised that he was uncertain as to the potential to fully restore the structure even now and it would certainly cost more than the suggested $75,000. He stated that whatever the costs he did not want the Estate or the City to have to fund the restoration. He would prefer to have time to sell the property to a buyer who has the money and vision to do what is desired by Heritage Kitchener. Councillor C. Weylie inquired how long the building has been vacant. Mr. Kay stated that Elite Capital purchased the property in January 2007, commenced work on the building structure and then abandoned the project sometime in February 2007. The owner went into arrears with his client in March 2008 and he believes the building was vacant at a point prior to passing of his client in June 2008. Councillor Gazzola requested clarification of the $75,000. estimate. Mr. L. Bensason, Co-ordinator, Cultural Heritage Planning, advised that under the Property Standards By-law the City can identify a property as high cultural heritage value or interest for purpose of enforcement as necessary to prevent and protect against the deterioration of the heritage attributes. The estimate relates to a preliminary inspection by By-law Enforcement and is the minimum assessment to do basic repairs to bring the exterior up to standards and does not represent full restoration costs. Mr. Bensason stated that timing is critical and he had concerns with deferral to September. He pointed out that if the property is identified as proposed he would want enforcement to begin as soon as possible so the work is completed before the next winter season. He added that the process provides for the parties to appeal the decision which could lengthen the process. In response to Councillor G. Lorentz, Mr. Bensason acknowledged that the City could end up with the property and suggested that it would be reasonable to defer the matter for a period of 1 month which he suggested would be sufficient to assess the condition of the building and associated costs to "mothball" the structure. This would still allow time to invoke the Property Standards process and potentially have the work completed before winter. Mr. Kay advised that he would not object to a one month deferral as long he was not prevented from requesting an extension if needed. He suggested that one month would provide time to talk with the prospective buyer and perhaps achieve a signed offer that would satisfy Mr. Bensason that the timing of the work would happen so that it would not be a concern in respect to winter months. Councillor C. Weylie asked how often By-law Enforcement have been called to secure the building. Mr. S. Turner, Director, By-law Enforcement, advised that in the last 7 months the property has been broken into at least once a month and Mr. Kay is correct in respect to the $11,000. applied to the property tax bill. He added that the only steps they can take without applying the identification under the Property Standards By-law is to secure any open access points into the building but it is difficult to keep persons out as they keep finding other ways to enter. Mr. Kay advised that he has also had private contractors in to close up the building and suggested that break-ins will continue until such time as the property is sold and restoration begins. Councillor Lorentz noted that the Property Standards By-law was amended in 2008 to allow the proposed identification and questioned why a year was allowed to lapse before bringing this matter forward. Mr. Bensason advised that when the by-law was presented in 2008, staff advised that the Victoria Park Heritage Conservation District Study and Plan did not specifically identify Group 'A' COUNCIL MINUTES MAY 19, 2009 - 140 - CITY OF KITCHENER properties or property of very high cultural value or interest. An evaluation had to be undertaken to determine those properties that met the definition and 32 were identified, which includes the subject property. Subsequently, staff has commenced a process of communicating with the property owners to provide explanation of the identifications made. Mr. Bensason noted that staff has communicated with the property owner of 393-411 Queen Street South. In response to Councillor Lorentz, Mr. Kay advised that he personally had not had opportunity to speak with Mr. Bensason but there had been discussion with a member of his firm in the previous week. He noted that the communication letter was directed to the property owner and he had no knowledge of the matter until just recently. Councillor B. Vrbanovic suggested that time be given for additional dialogue but that the matter come back to the June 22, 2009 special Council meeting so that if needed, there is still time to consider applying the Property Standard process prior to the summer break in meetings. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the Heritage Kitchener report of this date, be adopted, as amended, to refer consideration of identifying 393-411 Queen Street South (commonly known as the Barra Castle) as a property of very high cultural heritage value or interest for purpose of enforcement under the Property Standards By-law, to the June 22, 2009 special Council meeting, to allow further dialogue among all interested parties." Carried. Ms. Mary Jane Patterson, Ms. Beth Hobson and Mr. Glen Woolner, attended in respect to Paragraph 1 of Clause 9 of the Finance & Corporate Services Committee report, concerning a Local Environmental Action Fund (LEAF) grant application (under $50,000.) by the Community Renewable Energy Waterloo (CREW) for their Power $aving Network project. Council was circulated this date with correspondence from CREW, dated May 19, 2009, in support of their application. Councillor B. Vrbanovic inquired as to the timing for consideration of the next round of applications. Ms. B. Steiner advised that no set time has been established but would be no later than the spring of 2010. Councillor Vrbanovic inquired as to what would happen to the project proposed by CREW if funding was not provided until the next round of applications. Ms. B. Hobson advised that funding is being provided by the City of Waterloo and the Region of Waterloo and the project would be proportioned by the percentage given in these two areas. In response to Councillor Vrbanovic, Mr. G. Woolner advised that outstanding issues relate to the Kitchener content of the project and fair costing among the municipalities served. He proposed that should $5,000. or $10,000. be approved at this time from Kitchener, he would challenge the other municipalities to match this contribution. He added that if half of the original grant request at $20,000. was provided it would allow the project to go forward in a reasonable manner and CREW could then re-apply again in the next round for additional grant funds. Councillor Vrbanovic inquired as to the contributions confirmed and Mr. Woolner advised that the City of Waterloo has agreed to contribute $1,000. and the Region of Waterloo, $4,000. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That Paragraph 1 of Clause 9 of the Finance and Corporate Services Committee report of this date be adopted." Motion Lost. Councillor B. Vrbanovic advised that he could not support funding for CREW at this time given the lack of clarity on the issues as raised. He suggested that the application be referred back to staff for further dialogue with CREW and should a resolution on the issues be reached and a positive recommendation is received by the LEAF Steering Committee, the matter be brought back to Council for consideration by the end of June 2009. COUNCIL MINUTES MAY 19, 2009 - 141 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That City staff and the Community Renewable Energy Waterloo (CREW) work to resolve all outstanding issues in respect to CREW's LEAF grant application (under $50,000.) for their Power $aving Network project, and provided a resolution is achieved and the LEAF Steering Committee recommends the application go forward, staff bring back a recommendation by the end of June 2009." Carried. Ms. Jacky Gilicze and Ms. Barb Waimel attended to raise concerns with respect to Minor Variance Application A 2009-009 applied for by 2158423 Ontario Inc., for the property located at 130-150 Birch Avenue. Mr. J. Willmer, Interim Director of Development and Technical Services, advised that at issue is a component of the landscaping plan and in particular, a fence which was not constructed of the same materials as proposed in the variance application. He pointed out that this is a site plan issue and does not require a decision of Council. Ms. Waimel expressed frustration that their concerns have been ignored, advising of issues they have had to deal with as a result of the business located at the subject property, including: noise from truck idling /engine brakes; drainage problems; lighting controls; and illegally parked vehicles. She added that the Committee of Adjustment requested that 2 neighbours be involved in the site plan process as per Council's policy. It was the neighbours' wish to have the daylight visibility triangle established by a wooden fence, the same as that existing on the neighbouring property at 170 Birch Avenue; however, the fence was constructed of chain link materials. Councillor C. Weylie suggested that a specific member of staff be appointed as a contact to address this issue and Mr. J. Willmer agreed to arrange an appropriate staff contact. Mr. Fraser Gibson, Friends of Hidden Valley (FOHV), attended in respect to Paragraph 2 of Clause 9 of the Finance and Corporate Services Committee report, dealing with approval of Local Environmental Action Fund (LEAF) grant applications in the over $50,000. category. Mr. Gibson expressed disappointment that the FOHV application was not recommended despite widespread support to use LEAF funds to purchase the entire 200 acres. Mr. Gibson submitted a petition of approximately 1500 signatures and he asked that the FOHV application remain foremost in the minds of Council when considering disposition of the remainder of the LEAF funds. Councillor J. Gazzola commented that he had disagreed with other members of Council's opinions that the application was premature and was pleased that the delegation had come forward to remind Council to keep the door open in respect to this matter. Councillor B. Vrbanovic agreed that the issue of Hidden Valley is important but pointed out that it is a complex matter that requires further exploration. He stated that he has interest, as do all members of Council, in seeing as much of Hidden Valley preserved whether it be through LEAF funds or by an alternative means. Councillor Vrbanovic referred to the report he had which still denotes a darker shading to the FOHV application and asked if this had been revised to a lighter shading as it was his recollection this was requested at the Finance and Corporate Services Committee meeting. Ms. B. Steiner advised that no specific direction was given to staff in this respect. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Gazzola "That Paragraph 2 of Clause 9 of the Finance and Corporate Services Committee report be amended to provide that Table 2 of Development and Technical Services Department report DTS-09-067 be revised to apply a lighter shading to the Friends of Hidden Valley grant application; and to provide that approval of the over $50,000. grant application by Facilities Management Division with Vigor Clean Technologies be subject to implementation of a Community Improvement Plan for the implementation and testing of energy efficient/saving products." Carried. COUNCIL MINUTES MAY 19, 2009 - 142 - CITY OF KITCHENER Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic That Clause 9 of the Finance and Corporate Services Committee report of this date, as amended, be adopted." Carried. Councillor K. Galloway gave notice that she would introduce a motion this date, listed as Item 8.a) on the Council agenda, as to the disposition of Kiwanis Park lands. Councillor Galloway advised that the consultation process undertaken in respect to a report on certain lands proposed to be declared surplus to the cities needs, has produced clear indication that there is no public support to declare any portion of the Kiwanis Park lands as surplus. It was her opinion there was no further need to continue consideration of Kiwanis Park lands as part of this process. She noted that there are other parcels of land to be considered and if Kiwanis Park remains part of the process it is likely to overshadow interest in the other parcels of land. Ms. Catherine Drown, Friends of Kiwanis Park (FOKP), attended in respect to Councillor Galloway's motion, advising that she had expected to be making presentation to the June 29, 2009 Council meeting when this matter was to have been heard. She noted that FOKP was formed once it became known Kiwanis Park lands were on the list of potential parcels of land and over the last 9 weeks substantial work has been undertaken to present accurate information on which citizens could make an informed decision and voice their opinions. The opinions expressed have been overwhelmingly in opposition to the proposal as it relates to Kiwanis Park lands. Ms. Drown advised, however, that she has mixed feelings in respect to the motion as she strongly believes in transparency and due process. She stated that to preserve and protect these lands in perpetuity is an important decision to make and she was not convinced that the public consultation process could be considered complete because of the proposed abbreviation. She raised concerns that they had hoped the work they were doing could be used in respect to other parkland on the list and it had been FOKP's intent to also offer their support in this regard. Councillor B. Vrbanovic asked the delegation if she would agree that given the response to Kiwanis Park lands has been strong opposition, that if removed from the process now it would allow for better discussion of the remaining lands. Ms. Drown expressed an appreciation for this rationale, agreeing that removal of focus from Kiwanis Park is likely to allow more time for discussion of the other properties. Councillor J. Gazzola commented that this has not been discussed by Council as yet, and asked the delegation how they would feel if the motion this date was defeated, knowing they had no opportunity to make presentation. Ms. Drown advised that she would feel that democracy had been abbreviated. Councillor Galloway noted that statements of two Councillors voicing their objection to declaring Kiwanis Park lands as surplus have been made public on the FOKP's website and in light of strong public opposition, the intent of the motion was to simply save time, money and energy. She added that the motion was specifically written so that if defeated, the Kiwanis Park lands are not then declared surplus but rather there would still be opportunity for interested parties to make presentations at the public meeting. Councillor G. Lorentz stated that while he could support the motion, he did not believe it was the right way to deal with this matter. He commented that it circumvents the process that was put in place to allow public participation and Council has not yet received a report on the outcome of the public consultation. He suggested that if one parcel is to be removed he would like opportunity to also remove Lakeside Park from the list. Councillor K. Galloway's motion, seconded by Councillor J. Smola, was brought forward for consideration to provide that Kiwanis Park remain as parkland and no portion of the parkland be declared surplus to the cities needs. A motion by Councillor G. Lorentz, seconded by Councillor J. Gazzola, to amend Councillor Galloway's motion was brought forward for consideration to provide that Lakeside Park also remain parkland and no portion of the parkland be declared surplus to the cities needs. COUNCIL MINUTES MAY 19, 2009 - 143 - CITY OF KITCHENER Councillor Gazzola advised that he would not support the main motion as he believed due process was being sidestepped and would be a disservice to the community. He noted that while he does not want any parklands sold it is important to hear all sides of an issue. Councillor J. Smola commented that public consultation meetings held in the Bridgeport area were attended by approximately 200 citizens and having heard of the motion this evening, constituents have asked that he support the motion, which advised he intends to do. Councillor B. Vrbanovic stated that while he understood the intent of the motion, he also had concerns regarding due process. He suggested as a compromise that members of Council articulate their position in regard to the Kiwanis Park lands to allow the group to still participate without diverting focus from the other proposed parcels of land. Councillor Lorentz questioned how Council could indicate their position without having full information on which to base a decision, suggesting it would be premature to do so. Councillor K. Galloway reiterated her intent to save time, money and allow the voices of those interested in other properties to be heard; however, in light of her intentions having clearly been misunderstood she advised she was withdrawing her motion. Councillor Lorentz's amending motion was therefore redundant and not voted on. Mr. L. Gordon, Chief Purchasing Officer, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Council was circulated this date with Financial Services Department report FIN-09-055, requesting consideration of an additional tender, T-09-055, for Road Reconstruction on Dixon Street, Plymouth Road and Carlin Avenue. At the request of Councillor J. Gazzola, Mr. D. Murray, Manager of Client Services ,agreed to provide Council with explanation of the projected expenses in the Computer Reserve Fund. Moved by Councillor G. Lorentz Seconded by Councillor J. Gazzola "That Expression of Interest E09-015, Prequalification of Six (6) Mechanical Contractors for the CMF Project, be awarded to the following companies: Brenner Mechanical Inc. J.M.R. Electric Ltd. L.J. Barton Mechanical Inc. Nelco Mechanical Limited The Roberts Group Inc. Trade-Mark Industrial Inc. Waterloo, ON Exeter, ON Ancaster, ON Kitchener, ON Kitchener, ON Kitchener, ON. - and - "That Expression of Interest E09-016, Prequalification of Six (6) Electrical Contractors for the CMF Project, be awarded to the following companies: ECCO Electric Limited Harold Stecho Electric Ltd. Janick Electric Ltd. J.M.R. Electric Ltd. The Roberts Group Inc. Trade-Mark Industrial Inc. St. Catharines, ON Waterloo, ON North York, ON Exeter, ON Kitchener, ON Kitchener, ON." - and - "That Tender T09-025, Desktop Computers, be awarded to Amsdell Inc., Richmond Hill, Ontario at their corrected tendered price of $128,339.75, including P.S.T. & G.S.T., plus optional upgrades of $8,503.25, including P.S.T & G.S.T.; and further, That Council authorize a contingency purchase of up to forty (40) additional computers, including options, at current fair market price during the term of the contract." COUNCIL MINUTES MAY 19, 2009 - 144 - CITY OF KITCHENER - and - "That Tender T09-008, Dixon Street, Plymouth Road and Carlin Avenue Road Reconstruction, be awarded to G.R.T. Excavating Ltd., Woodstock, Ontario, at their corrected tendered price of $3,546,161.46, including provisional items and contingencies of $282,275. and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor. Carried. Moved by Councillor J. Gazzola Seconded by Councillor C. Weylie "That the report of the Development and Technical Services Committee be adopted." Council considered this date Development & Technical Services Department report DTS-09-083, dated May 13, 2009 relative to Clause 4 of the report this date, requesting modifications to the proposed Official Plan Amendment (OPA) No. 80 and Site Plan Control By-law. The modifications relate to removal of reference to "Regional Official Policies Plan" to be replaced with "Regional Official Plan" in OPA No. 80; and to renumbering of sections 684.4.1 and 684.4.2 to 683.4.1 and 683.4.2, respectively, in the Site Plan Control by-law. Councillor J. Gazzola referred to Clause 3 of the report, dealing with endorsement of the Civic District Vision and Master Plan, requesting explanation as to the meaning of endorsement. Mr. R. Gosse, City Clerk, advised that in this instance, Council is agreeing to move forward in principle and is giving direction to staff to proceed with certain actions toward development of a comprehensive master plan and business case. The Development and Technical Services Committee report was then voted on clause by clause. Clause 3 -Carried. Clause 4 -Carried, As Amended. Balance of report -Carried. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That the report of the Community Services Committee be adopted." Voted on clause by clause. Clause 3 -Dealt with under Delegations and Motion Lost, on a recorded vote. Clause 4 -Dealt with under Delegations and Carried, As Amended. Balance of report -Carried. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That the report of the Finance and Corporate Services Committee be adopted." Voted on clause by clause. Clauses 7 -Dealt with under Delegations and Carried, as Amended. COUNCIL MINUTES MAY 19, 2009 - 145 - CITY OF KITCHENER Clause 9 -voted on in two separate parts, as follows: Paragraph 1 -Dealt with under Delegations and Motion Lost. Paragraph 2 -Dealt with under Delegations and Carried, as Amended. Motion Carried, as Amended. Balance of report -Carried. Councillor B. Vrbanovic gave notice that he would introduce a motion this date, listed as Item 8. b) on the agenda, concerning the crisis in conventional television. Councillor Vrbanovic advised that this matter has been considered by the Federation of Canadian Municipalities (FCM) and he is asking that the City join FCM in lobbying the CRTC and Canadian Government to create a financially sound environment in which local TV stations can survive. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "Whereas the citizens of Canadian municipalities want and deserve a strong local and Canadian television media presence; Whereas some municipalities are located within 1000 yards of a major American Media shadow; Whereas some municipalities are unique regions with regards to the impact of local issues and how they have profound provincial and national impact in areas such as the technology; International Trade; and the Auto Industry, to name a few; Whereas the current financial model affecting local television does not ensure the financial viability and sustainability of both local television stations and local broadcast distribution undertakings (BDU's); and Whereas the CRTC has just completed their hearings and the Heritage Committee is also just completing their review of the crisis in conventional television; Be It Resolved that the City of Kitchener, join the Federation of Canadian Municipalities and other municipalities who passed similar motions in petitioning the CRTC and the Government of Canada to undertake to create a financially viable and sustainable environment in which local TV stations can survive and to that end they should ensure that: • Local television stations receive distribution on all BDU services within the area they are licensed to serve • Local television stations are compensated for their programming by all BDU's within the area they are licensed to serve • Local Television stations programming rights be protected within the area they are licensed to serve; and further, That this motion be shared with the Prime Minister, the Minister of Canadian Heritage, local MP's and the Federation of Canadian Municipalities." Carried. Councillor J. Smola referred to a recent meeting of the Kitchener Downtown Business Association in which concerns were conveyed concerning the King Street reconstruction project. He noted that originally the entire block currently under construction was to be completed by mid-June; however, a change was made to do one side at a time which may prolong the work until July 1St. Businesses on the opposite side have expressed concerns that the delay may cause issues with inventory and he asked if there is any way the original schedule could be adhered to. COUNCIL MINUTES MAY 19, 2009 - 146 - CITY OF KITCHENER Councillor C. Weylie added that time has also been lost due to weather conditions and questioned the feasibility of having work done on statutory holiday /weekend days if weather permits. Ms. C. Ladd, Chief Administrator, advised that costs would be prohibitive, especially on statutory holidays, but noted that with recent weather improvement, the construction crews have been working longer hours into the evening. She agreed to have further discussions with Engineering staff to address this matter. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That pursuant to Section 25.4.11 of Chapter 25 (Council Procedures) of the Municipal Code, the proceedings of the Council this date shall be allowed to continue beyond midnight to conclude matters as listed on the agenda." Carried Unanimously, by all members present. Council agreed to the request of Mr. R. Gosse, City Clerk, to add two additional by-laws for three readings this date, being an Official Plan Amendment (No. 80) by-law and a by-law to amend c.683 (Site Plan Control) of the Municipal Code; both relevant to Clause 4 of the Development and Technical Services Committee report of this date. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "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 provide for the establishment and laying out of part of Deer Ridge Drive as a public highway in the City of Kitchener. (e) Being a by-law to exempt certain lots from Part Lot Control -Part Blocks 1 and 2, Registered Plan 58M-364 -Zeller Drive. (f) To confirm all actions and proceedings of the Council. (g) Being a by-law to adopt Amendment No. 80 to the Official Plan -City of Kitchener -Site Plan Control Tools. (h) Being a by-law to amend Chapter 683 of the City of Kitchener Municipal Code regarding Site Plan Control. 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 Acting Mayor C. Weylie appointed Councillor K. Galloway as Chair. On motion, the Council rose from the Committee of the Whole and Acting Mayor C. Weylie occupied the Chair. COUNCIL MINUTES MAY 19, 2009 - 147 - CITY OF KITCHENER Moved by Councillor K. Galloway Seconded by Councillor B. Vrbanovic "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the by-laws be given 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. (By-law No. 2009-076) (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. (By-law No. 2009-077) (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. (By-law No. 2009-078) (d) Being a by-law to provide for the establishment and laying out of part of Deer Ridge Drive as a public highway in the City of Kitchener. (By-law No. 2009-079) (e) Being a by-law to exempt certain lots from Part Lot Control -Part Blocks 1 and 2, Registered Plan 58M-364 -Zeller Drive. (By-law No. 2009-080) (f) To confirm all actions and proceedings of the Council. (By-law No. 2009-081) (g) Being a by-law to adopt Amendment No. 80 to the Official Plan -City of Kitchener -Site Plan Control Tools. (By-law No. 2009-082) (h) Being a by-law to amend Chapter 683 of the City of Kitchener Municipal Code regarding Site Plan Control. (By-law No. 2009-083) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 12:06 a. m. MAYOR CLERK COUNCIL MINUTES MAY 19, 2009 - 148 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That a new stop control be installed on the north leg of Nipigon Street for southbound traffic approaching Muskoka Court; and, That the existing stop controls on Muskoka Court and the east leg of Nipigon Street be removed 30 days after the installation of the stop sign on Nipigon Street; and further, That the Uniform Traffic By-law be amended accordingly. 2. That the existing No Parking Anytime Monday to Friday 8:00 a. m. to 8:00 p. m. area on both sides of Orchard Mill Crescent be amended to No Parking Anytime Monday to Friday 8:00 a. m. to 4:00 p. m.; and further, That the Uniform Traffic By-law be amended accordingly. 3. That the proposed Civic District Vision and Master Plan be endorsed; and further, That City staff (Chief Administrator's Office, Development and Technical Services, and Community Services) work with the Civic District Visioning Team to: i. act on the items identified under 'Implementation', including the development of business cases where individual items require funding or additional approvals; and, ii. develop partnerships (including neighbourhood associations, Region of Waterloo, Province of Ontario, Government of Canada, major educational institutions, private sector, and others who have an interest and potential role that is consistent with the greater vision); and, iii. develop a proposed model, including funding opportunities, for the implementation of the comprehensive master plan. 4. That City initiated Official Plan Amendment OP 09/001/COK/HH being an amendment to replace Part 4, Policy 1.6 (Site Plan Control), be approved, in the form shown in the "Proposed Official Plan Amendment" attached to Development and Technical Services Department report DTS-09-054 as amended to remove reference from Policy 1.6.5 to the 'Regional Official Policies Plan' and replace it with 'Regional Official Plan'; and further, That the City initiated amendment to Chapter 683 (Site Plan Control) of the City of Kitchener Municipal Code, being a by-law to amend the City's Site Plan Control By-law, to add Article 4 and sections thereto, be adopted, in the form shown in the "Proposed By-law" dated March 6, 2009 attached to Development and Technical Services Department report DTS-09-054, as amended to re-number sections 684.4.1 and 684.4.2 to 683.4.1 and 683.4.2. (As Amended) That two (2) speed humps be installed on Garwood Avenue between Courtland Avenue East and Dixon Street; and, That four (4) speed humps be installed on Dixon Street between Garwood Avenue and Eckert Street; and, That one (1) raised pedestrian crosswalk be installed on Dixon Street at Carlin Avenue; and, That one (1) intersection narrowing be installed on Dixon Street at Plymouth Road; and, That one (1) centre median be installed on Garwood Avenue approaching the intersection with Garwood Avenue; and further, That an all-way stop control be installed at the intersection of Garwood Avenue and Dixon Street. COUNCIL MINUTES MAY 19, 2009 - 149 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 6. That a Crime Prevention Through Environmental Design (CPTED) Resource Group be established in accordance with the Terms of Reference attached as Appendix 'B' to Development Technical Services Department Report DTS-09-040; and further, That the members of the CPTED Resource Group be utilized by Council and staff to address issues pertaining to existing and proposed City buildings, facilities and parks as necessary. 7. That Demolition Control Application DC09/02/S/AP requesting permission to demolish a single detached dwelling located at 1241 Strasburg Road, owned by Savic Homes Ltd., legally described as Part Lot 14, Plan 1471, Part Lot 1 and 2, Plan 1478, and shown as Parts 3, 4, 8, 9, 10, 12, 14 on 58R-5359, be approved without conditions. 8. That Development and Technical Services Department report DTS-09-075 -Neighbourhood Design Initiative Implementation, be received for information. 9. That the 2008 Kitchener bridge condition assessment report be received; and further, That staff carry out future bridge assessments and any required Capital Works bridge remediation works as part of Council's consideration during upcoming Capital budget review; to ensure that the City adheres to the provincial regulation that governs bridge safety standards under the Public Transportation and Highway Improvement Act (O.Reg. 104/97), and upholds the City's ongoing commitment to the provision of reliable and safe public infrastructure. 10. That notice be given of a public meeting under The Planning Act for consideration, by this Committee, of Official Plan Amendment OP/06/01/G/TMW and Zone Change Application ZC/06/05/G/TMW, to take place at 6:00 p. m. on Monday June 22, 2009. COMMUNITY SERVICES COMMITTEE - 1. That the Mayor and Clerk be authorized to execute an agreement with the Regional Municipality of Waterloo, for the City to provide summer and winter maintenance services on select Regional Roads within Kitchener for 2009, subject to the satisfaction of the City Solicitor. 2. That the Mayor and Clerk be authorized to execute a two year agreement with the Waterloo Region District School Board, for the implementation of a Youth Drop-In program at the Kitchener-Waterloo Collegiate and Vocational School (KCI), subject to the satisfaction of the City Solicitor. 3. That notice be given to Leadership Waterloo Region that it will no longer be a Tier 1 Community Grants Program beginning January 1, 2010 and that staff be instructed to consider Leadership Waterloo Region as an external supplier of leadership development services for City staff. (Dealt with under Delegations and Motion Lost on a recorded vote) 4. That the following motion be referred to the September 14, 2009 Community Services Committee meeting to allow further dialogue between City staff and the Social Planning Council of Kitchener-Waterloo (SPC) in respect to the timing of the proposed reduction in grant funds and how the City will partner with the SPC going forward: "That a grant in the amount of $43,000., annualized for the remainder of 2009, be approved to the Social Planning Council of Kitchener-Waterloo, to come into effect on a date to be determined, to support their Community Information Centre; and further, COUNCIL MINUTES MAY 19, 2009 - 150 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) (Cont'd) That planning services be purchased from the Social Planning Council of Kitchener- Waterloo on a project by project basis, subject to need and as priorities present themselves." (Dealt with under Delegations and Carried, as Amended) That staff be directed to immediately proceed with the public consultation process on all of the Options /Alternatives proposed for the City's Loose Leaf Collection program outlined in Community Services Department report CSD-09-034. FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That the request of the Country Hills Recreation Association to hold an outdoor garage sale at 100 Rittenhouse Road on June 6, 2009 be approved, provided the necessary licence is obtained. 2. That the request of the Cherry Park Neighbourhood Association to sell refreshments and arts and crafts at Cherry Park, 84 Strange Street on July 11, 2009 be approved, provided the necessary licence, including Health approval is obtained. 3. That the request of Chandler Mowat Neighbourhood Association to hold a barbecue and garage sale at Chandler Mowat Community Centre, 222 Chandler Drive on July 4, 2009 be approved, provided the necessary licence, including Health and Fire approvals, is obtained. 4. That the request of the Cherry Park Neighbourhood Association to sell refreshments at Cherry Park, 84 Strange Street on June 12, July 11 and August 7, 2009 be approved, provided the necessary licence, including Health approval is obtained. 5. That Condition #3 of the Council Resolution dated March 23, 2009 (Corporate Services Department report CRPS-09-028 -Application for a Liquor Licence Applied for by 2190042 Ontario Inc. (The Gig) at 30 Duke Street West, Unit 107), be amended by deleting "30%" and replacing it with "70% ". 6. That the staff recommendation contained in Corporate Services Department report CRPS-09- 054 (Permission to Operate Downtown Sidewalk Patio -Dandy's - 85 King Street West) be deferred to the June 1, 2009 Finance and Corporate Services Committee meeting. 7. That the following recommendation be referred to the June 1, 2009 Finance and Corporate Services Committee meeting to allow an opportunity for the applicant to dialogue with businesses located within the distance separation who voiced objection to the proposal: "That the request from Mr. Andrew Head, Dryden, Smith & Head Planning Consultants Ltd. on behalf of his client, Mr. Dave Wilson, to permit Mr. Wilson to operate a refreshment vehicle at TA Appliance, 932 Victoria Street North, be denied as this location does not meet the required distance separation between existing Refreshment Vehicles and Places of Refreshment." (Dealt with under Delegations and Carried, as Amended) That the standard terms of the City's Downtown Patio Encroachment Agreement be changed in accordance with Chief Administrator's Office report CAO-09-030, save and except that liability insurance requirements shall remain at a minimum of $2M for patios serving alcohol and the City's Manager of Licensing shall be specifically assigned the authority within such agreements COUNCIL MINUTES MAY 19, 2009 - 151 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 8. (Cont'd) to require the placement of signage, refuse containers and fencing in instances where standards are not being met; and, That Council Policy I-1205 (Outdoor Patios -Encroachment Agreement) be amended by deleting sections 2 and 3 in their entirety and replacing them with the following new sections: "2. That all applicants wishing to operate an outdoor patio on City property must submit, for approval by the City's Finance and Corporate Services Committee, a complete patio sketch plan outlining the type, style, colour and materials of fencing and patio furniture (on the understanding that fencing or barriers must be in accordance with the terms of the patio encroachment agreement), as well as an outline of any proposed signage and landscaping, including flower beds and planters. 3. That a condition be included in said agreement that if patron behaviour is a problem, the licensee is responsible for hiring the necessary security personnel; 4. That the patio encroachment agreement may require on any outdoor patio located in the downtown and encroaching on City property, the installation of a sign which reads "No shirt, no shoes, no service" where the patio has not previously been operated under the same owner or where the City's Manager of Licensing determines that past conduct of the operator creates a concern that the operator may not impose this dress code. 5. That alternatives to fencing may be considered by Council for patios not serving alcoholic beverages on a case by case basis provided: (a) the proposed alternative is fixed or difficult to move; (b) the proposed materials are approved by the City's Manager of Downtown and Community Development; and, (c) in the opinion of the City's Director of Operations and Director of Transportation Planning (or delegates thereof), the proposed alternative does not create a hazard."; and, That staff be directed to incorporate the suggested changes to downtown patio encroachment agreements as set out in report CAO-09-030, as amended, commencing with the 2009 patio season; and further, That the Mayor and Clerk be authorized to sign amending agreements as necessary to implement the changes set out in report CAO-09-030, as amended, to existing 2009 downtown patio encroachment agreements. That the LEAF grant applications of over $50,000. recommended for funding by the LEAF Steering Committee, as outlined in Development and Technical Services Department report DTS-09-067, be approved, subject to further clarification of any legal issues that may have impact to any one of the six projects listed; and, That approval of the over $50,000. application by Facilities Management Division with Vigor Clean Tech Inc. (Vertical Axis Wind Turbine Field Testing) be subject to implementation of a Community Improvement Plan for the implementation and testing of energy efficient /saving products; and further, That Table 2 attached to report DTS-09-067 be revised to apply a light shading to the Friends of Hidden Valley (FOHV) application. (Dealt with under Delegations and Carried, as Amended) COUNCIL MINUTES MAY 19, 2009 - 152 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 10. That the summary of response to the Government of Ontario's Proposed Accessible Employment Standard, as attached to Chief Administrator's Office report CAO-09-028, be endorsed; and further, That staff be directed to submit a formal written response to the province by its deadline of May 22, 2009. 11. That the Internal Financial Statements as at December 31, 2008 (Financial Services Department report FIN-09-042) be received for information; and further, That staff be directed to implement the budget control measures outlined in Financial Services Department report FIN-09-042 effective immediately. HERITAGE KITCHENER - That the following recommendation be deferred to the June 22, 2009 special Council meeting to allow further dialogue between City staff and the Solicitor acting for the Estate Trustee as to an appropriate means to preserve and protect the heritage attributes of the subject property: "That the property municipally addressed 393-411 Queen Street South (commonly known as the Barra Castle) and located within the Victoria Park Heritage Conservation District, be identified as a property of very high cultural heritage value or interest, for the purpose of enforcement under the Property Standards for Maintenance and Occupancy by-law, as outlined in Development and Technical Services Department report DTS-09- 073." (Dealt with under Delegations and Carried, as Amended) COUNCIL MINUTES MAY 19, 2009 - 153 - 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 - Various Tenders Dealt with under Delegations. 2. Encroachment Agreement -10 Lancaster Street West Council considered Corporate Services Department report CRPS-09-073 (J. Sheryer), dated May 5, 2009. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner(s) and any mortgagee(s) of the property municipally known as 10 Lancaster St. W. (PIN 22312-0030 LT) to legalize the existing building encroachment which encroaches approximately 0.06m to 0.12m, more or less, onto the Lancaster St. W. road allowance, and the proposed eave which will encroach approximately 0.33m, more or less, onto the Lancaster St. W. road allowance." 3. Encroachment Agreement - 1472 King Street East Council considered Corporate Services Department report CRPS-09-074 (J. Sheryer), dated May 6, 2009. It was resolved: "That subject to obtaining all other necessary approvals, the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner(s) and any mortgagee(s) of the property municipally known as 1472 King St. E. (PIN 22576-0035 LT) to legalize the existing roof overhang and signage encroachments which encroach approximately 0.3m, more or less, onto the Jackson Ave. road allowance." 4. Encroachment Agreement - 283 Fairway Road North Council considered Corporate Services Department report CRPS-09-076 (J. Sheryer), dated May 13, 2009. It was resolved: "That subject to obtaining all other necessary approvals, the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner(s) and any mortgagee(s) of the property municipally known as 283 Fairway Rd. N. (PIN 22555-0011 LT) to legalize the proposed walkway and stairs encroachment which will encroach approximately 4.357m x 2.214m, more or less, onto the River Rd. road allowance." COUNCIL MINUTES MAY 19, 2009 - 154 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Declaration of Surplus Lands & Conveyance to Bell Canada - Ebv Estates Council considered Corporate Services Department report CRPS-09-075 (F. McCrea), dated May 13, 2009. It was resolved: "That the City declare surplus to its needs parkland measuring approximately eight metres by two and a half metres within the Eby Estates subdivision at the northeast corner of Donnenwerth Park, adjacent to Lot 127, Plan 58M-451 to permit an easement in favour of Bell Canada for access to their telecommunications equipment; and further, That Legal Services be directed to complete a transfer of easement over the said lands to Bell Canada for access to their OPI Cabinet which serves the nearby area, at no cost for the land, on terms and conditions satisfactory to the City Solicitor." 6. Exemption to Chapter 450 (Noise) -Kitchener Portuguese Club Inc. Council considered Corporate Services Department report CRPS-09-067 (S. Turner), dated May 6, 2009. It was resolved: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Kitchener Portuguese Club Inc. for their Espirito Santo Festival on June 5, 6 and 7, 2009, between the hours of 3 P.M. and 11 P. M., their Santoinho Festival on June 20, 2009, between the hours of 3 P.M. and 11 P. M., and their Nossa Senhora de Fatima (Our Lady of Fatima) Festival on September 4, 5 and 6, 2009. between the hours of 3 P. M. and 11:59 P. M." 7. Heritage Kitchener - 2009-2010 Work Plan Council considered Corporate Services Department report CRPS-09-056 (C. Goodeve), dated April 22, 2009. It was resolved: "That the Heritage Kitchener 2009-2010 Work Plan, as attached to Corporate Services Department report CRPS-09-056, be approved." 8. Request for a Midway -Optimist Sports Park,120 Pioneer Drive Council considered Corporate Services Department report CRPS-09-077 (P. Harris), dated May 13, 2009. It was resolved: "That Homeniuk Rides Inc. be granted permission to operate a Midway at the Optimist Sports Park, 120 Pioneer Drive, on June 4-June 7, 2009, subject to the following: Date of Operation Hours of Operation Thursday, June 4 3:30 p. m. - 10:00 p. m. Friday, June 5 3:30 p. m. - 11:00 p. m. Saturday, June 6 10:00 a. m. to 11:00 p.m. Sunday, June 7 Noon to 9:00 p. m. COUNCIL MINUTES MAY 19, 2009 - 155 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 8. Reauest for a Midwav -Optimist Sports Park.120 Pioneer Drive (Cont'd 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 9:00 p. m.; and That the music be turned off one hour before closing time on the evenings preceding a non-school day; and further, That the required licence be obtained prior to operating the Midway." 9. FIN-09-062 -Recreational Infrastructure Canada Program Application Council considered Financial Services Department report FIN-09-062 (D. Chapman), dated May 14, 2009. It was resolved: "That staff be directed to submit the following five projects, in order of priority, for consideration for funding through the Recreational Infrastructure Canada Fund application: 1. Sportsworld Arena Capital Upgrades ($0.9 million) 2. McLennan Park Development ($3.0 million) 3. Bridgeport Community Centre ($2.1 million) 4. Aquatic Facility Upgrades ($5.0 million) 5. Solar Retrofits ($1.2 million); and, That for projects approved under the Recreational Infrastructure Canada Fund, the City of Kitchener fund one-third of the total eligible project costs; and, that the General Manager of Financial Services be authorized to sign the application for Recreational Infrastructure Canada funding, and further; That the General Manager of Financial Services be directed to issue correspondence to all area Members of Federal and Provincial Parliament identifying the projects submitted in the application for Recreational Infrastructure Canada funding."