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HomeMy WebLinkAboutCouncil - 2009-09-21COUNCIL MINUTES SEPTEMBER 21, 2009 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by Sam Martinello & Pareesa Kousari, King School of Vocal. On motion by Councillor G. Lorentz, the minutes of the regular meeting held August 24, 2009 and special meetings held August 24 & September 14, 2009, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Mayor Carl Zehr and Councillor B. Vrbanovic presented a commemorative gift and a Certificate of Appreciation to Mr. Vern Houghton in acknowledgement of his informal volunteering in the collection and removal of litter in an effort to maintain a healthy environment and to beautify City streets. Messrs. Christopher Corrigan and Timothy Jackson, The Food Bank of Waterloo Region, presented the organization's 2009 Outstanding Community Event Donor Award to Kitchener Council in recognition of Council's annual Grillefest event; the proceeds of which has raised $30,000. for the Food Bank over the past 5 years. Mr. lain Klugman, President, Communitech, presented an overview of activities and future plans of the organization, including: new areas of workforce development (Life and Health Sciences / On-line Community Managers); growing small businesses in supporting start-ups and support to larger, established companies as they grow; and leveraging the City's $500,000. contribution into a $47M Digital Media Convergence Centre (DMCC) to take advantage of the estimated $2.2 trillion opportunity arising from this new technology sector. Mr. Klugman advised that Communitech is committed to a 6-year contract to establish 100 start-up companies in the digital media industry, creating 2,000 new jobs through start-up activity and 5,000 new jobs through established industry growth. He thanked Council and City staff for their support in partnership with Communitech. Councillor J. Gazzola inquired if the entire $47M leveraged will all be to the benefit of the City of Kitchener. Mr. Klugman advised that $12M has been approved under a Federal grant application and they are currently awaiting word on a $26M Provincial grant application, with the remainder to come from the private sector. The DMCC will be located in Downtown Kitchener and will provide services to the benefit of the whole of the Region of Waterloo. Councillor Gazzola requested clarification of the $2.2 trillion figure referenced. Mr. Klugman advised that the figure is derived by Pricewaterhouse Coopers who estimate globally over the next 5 years the industry will rise to that margin, representing huge opportunity world-wide and to which Communitech is seeking to ensure this Region receives its fair share. Mr. E. Redgwell, resident, attended to raise concerns with respect to the City's Economic Development Investment Fund (EDIF). He suggested that the fund was created by the Mayor and Downtown business operators, which collects funds that funnel into the Downtown. He referred to the City's $30M contribution to the School of Pharmacy, commenting that education is a Provincial responsibility and that no municipal dollars should have been contributed. He advised that on filing an application under the Freedom of Information Act (FOI), he received information concerning EDIF which indicates that ratepayers will have to pay for the fund until 2028, instead of the 10 years as introduced as a result of funds being debentured; and with interest accruing from debentures will cost $150M instead of $110M. He added that assurances were given by Mayor Zehr that the City's contribution to the School of Pharmacy would not be more than $30M, however, Mr. Redgwell suggested that interest will bring the cost to $44M, and with the value of the lands given to the University of Waterloo included at $4M, the cost is $48M. He referred to comments made by Councillor B. Vrbanovic, as Chair of Finance & Corporate Services Committee, relative to the total amount of the fund being $110M even though it was known that debentures would eventually raise the cost to $150M. He questioned the integrity of Council and their promise to be open and transparent as it relates to their actions in respect to the fund. Mayor C. Zehr questioned from whom Mr. Redgwell had received the FOI package of information. Mr. Redgwell advised that he had submitted an application to the Office of the City Clerk and the information he had received was then supplied by the City Treasurer. He added that he had the information verified by an accountant who agreed that with debentures over 15 years, the 10-year COUNCIL MINUTES SEPTEMBER 21, 2009 - 244 - CITY OF KITCHENER program will not conclude until 2028 and will add interest to the $110M over the period of the debentures. Mayor C. Zehr commented that all meetings are open meetings and in the interest of ensuring accurate information he wished to clarify several points made by Mr. Redgwell. He stated that the objective of EDIF is to raise $110M for specific projects, one of which is the School of Pharmacy to which the City has contributed $30M. He noted that the decision to create the fund was made in 2004 by the whole of Council, although not a unanimous decision, and not by himself and Downtown business operators as suggested by Mr. Redgwell. He stated that the discussion was held in a public forum and included information pertaining to debenturing, adding that the need to debenture has been known from the outset. Mayor Zehr referred to the lands referenced at $4M in value, advising that the lands were transferred from the previous owner to the City for $1. and in turn were transferred by the City to the University for $1. He pointed out that the City was able to acquire these lands only on agreement that they would be used for public purpose and not sold for profit. He stated that the Fund was never about giving dollars to post-secondary education but rather was about developing an employment land strategy to stimulate the City's economy for employment purposes. Councillor B. Vrbanovic stated that when questioned in 2008 as to the amount of EDIF he had responded that it was $110M and would stand by that statement as it is the true value of the projects committed to under the Fund. He acknowledged that some EDIF projects require debenturing but noted that this is no different than normal practice for capital projects undertaken by the City. He added that the City endeavored to inform the public through many public meetings prior to establishment of the Fund and since its establishment, through numerous publications. Mayor C. Zehr requested Mr. R. Regier, Executive Director of Economic Development, to comment on how the $30M contributed to the School of Pharmacy has leveraged investments to the benefit of the community. Mr. Regier commented that it is not inconceivable that the $30M will leverage up to $200M in investments as at 2009, which would include: the Kaufman Lofts at $45M; the Lang Tannery upgrades at $30M; the Health Sciences Campus at $78M; $6M elsewhere in the Downtown resulting from the Health Sciences Campus; and the Digital Media Convergence Centre at $47M. He added that job growth in the Downtown over the past 3 years has exceeded Regional growth projections, out-performing the rest of the Region; and as well, retail rentals have also risen. Councillor J. Gazzola commented that notwithstanding agood deal of growth has stemmed from establishment of the Health Sciences Campus, the fact remains the true cost of EDIF is $150M, of which approximately $50M has gone to post-secondary education and which is not a mandate of municipal government. Councillor B. Vrbanovic stated that regardless of which tax dollars contribute, the fact remains it was done for Kitchener citizens to aid in bringing economic stability to the community. Mr. Robert Gissing, Director, KWartzlab, attended to introduce the member-driven, not-for-profit organization which provides space and equipment for members to use in building technical gadgets and creating art. Mr. Gissing advised that their facility located at 283 Duke Street W (former Boehmer Box) will officially open on October 1, 2009 and extended an invitation to Council to attend. Councillor J. Gazzola inquired as to how the organization is funded. Mr. Gissing advised that they are self-funded through membership and initiation fees. He added that while the organization plans to remain member-driven, some types of equipment are costly and they may choose to pursue opportunity as it arises to advance such purchases. A Notice of Intention to consider enactment this date of a by-law to close a portion of Solon Avenue was published in The Record on September 11, 2009. It was noted that Ms. Karen Wallace, resident, had registered to speak to this matter but had left the meeting prior to its consideration. Mayor C. Zehr noted that Ms. Wallace had asked if the portion of lands subject to the road closure would be offered to the abutting property owner. Mr. J. Willmer, Interim General Manager, Development & Technical Services, advised that as a result of amendments to the associated legislation the City is no longer obligated to do so; and instead, the City is now in position to open the bidding City-wide to entertain the best proposal for the lands. At the request of Mayor Zehr, Mr. Willmer agreed to contact Ms. Wallace to clarify this matter with her. COUNCIL MINUTES SEPTEMBER 21, 2009 - 245 - CITY OF KITCHENER No other persons were in attendance this date to speak to the proposed road closing of a portion of Solon Avenue. Council then considered Community Services Department report CSD-09-051 which provides staff's response to issues raised at the September 14, 2009 Community Services Committee meeting respecting proposed modifications to the City's Leaf Collection Program. Council was circulated this date with a revised recommendation that provides: all residents will be encouraged to mulch or compost leaves or use one of nine leaf drop-off sites; identifies locations where curb-side loose leaf collection will be conducted, once during the month of November, with 2 weeks notice to affected residents in advance; loose leaf collection will be discontinued to all other areas not identified and residents encouraged to utilize recycling options, drop-off sites and / or bag their leaves for collection under the Regional Yard Waste Program; the leaf drop-off site previously operated at 75 Ardelt Place will be closed; Chapter 635 (Garbage) will be amended to properly identify areas where loose leaf collection is permitted; and, staff will continue to collaborate with the Region of Waterloo on a long term strategy to eliminate curb-side loose leaf collection. Mr. J. Witmer, Director of Operations, reviewed the staff responses to the issues raised at the Committee meeting, advising that staff met with Regional staff and have come to an agreement on the primary goal of the proposed modifications which is to prevent issues of safety on City roads. The roles each have now and into the future were explored, recognizing that both have some issues and the discussion centered on how to balance those moving forward and in a cost effective way. He stated that residents need to do their part and are encouraged to mulch and / or compost where feasible and to use the leaf drop-off depots where the volume of leaves are more easily handled for transfer to the Regional landfill site. Staff recognizes that at issue is how to handle established residential areas with mature trees which have become accustomed to curb-side pick-up. Mr. Witmer displayed a map, labeled the "2009 Kitchener Loose Leaf Collection Program", which defines shaded geographic areas considered to be "hotspots" where curb-side collection will continue. These are areas where historically the largest amount of leaf drop occurs and where, in the interest of safety, the City has collected the leaves from the curb-side. In all other areas, curb-side collection is not recommended for the foreseeable future and the Region is encouraging bagging of loose leaves for collection under their Yard Waste Program in these areas. Mr. Witmer advised that it is proposed to start curb-side leaf pick-up in the designated areas in November when the majority of leaves will have fallen; however, leaf drop-off sites will be open as of Thanksgiving weekend. Timing of curb-side pick-up will be communicated in advance to affected residents, however, a set date is not yet known and will be dependent on monitoring weather conditions. Crews will be deployed into each designated area over a 2 week period to clear the areas in co-operation and partnership with residents in these areas. In regard to the leaf drop-off sites, he noted that the original proposal was to close certain leaf drop-off sites that were under-utilized and / or abused for illegal dumping. Staff is now recommending that 9 of the 10 sites remain open this fall and be monitored for their effectiveness for review in 2010. 75 Ardelt Place is recommended for closure as it is on private property. Mr. Witmer advised that staff plan to continue collaborating with Regional staff on development of a long term strategy to eliminate curb-side collection as regardless of whose responsibility it is to collect leaves, raking leaves to the curb-side creates hazardous road conditions and remains an issue of safety. Councillor J. Gazzola commented that the revised recommendation is substantially different, questioning the viability of making a decision this date. Mr. Witmer stated that in discussions with the Region a range of components were reviewed and the final recommendation is what made sense for all interested parties. It also recognizes that residents have a role in managing leaves themselves and provides various options. Councillor Gazzola commented that at Committee safety was stressed as an issue but the recommendation appears now to be a reversal. Mr. Witmer maintained safety is a concern and is why residents who live in the designated areas for curb-side collection are being encouraged not to rake to the curb in October. He added that in the past there was no schedule as it is difficult to know when leaves will drop; however, staff intends to monitor weather conditions so they will have some idea of the best time for collection and will notify residents in advance of coming to their area. Mr. Witmer advised that in large volume areas leaves falling into the roads will be dealt with by the City's street sweepers and the proposed plan does not preclude advancing leaf collection earlier if weather conditions warrant. Councillor Gazzola questioned the cost savings of the revised program and Mr. Witmer advised that this information will not be known until the end of the program; COUNCIL MINUTES SEPTEMBER 21, 2009 - 246 - CITY OF KITCHENER however, he noted that the original plan to eliminate curb-side collection estimated a savings of approximately $300,000. Councillor G. Lorentz shared similar concerns of an earlier drop and Mr. Witmer assured that weather conditions will be monitored and crews mobilized to ensure no unsafe conditions if an earlier drop occurs. Councillor Lorentz questioned how communication will take place. Mr. M. May, Director of Communications / Marketing, advised that changes in the leaf collection program will be communicated as soon as Council's decision is known and will be by a number of venues, such as advertisements, letters to households, and publication of the Leaf Collection Map. Councillor B. Vrbanovic questioned the feasibility of staggered notification so residents can adjust their schedules to meet the scheduled leaf collections in their areas. Mr. Witmer advised that specific details will unfold as the season progresses and would take this into consideration in planning the communication strategy. Councillor Vrbanovic suggested that this be an educational year in respect to enforcement as opposed to issuing violations. Mr. Witmer assured that this is the case in any new or revised programming wherein a period of time to educate the public is afforded to bring awareness before full enforcement. He added, however, that strategizing around how to deal with chronic offences may be handled differently. Councillor Vrbanovic suggested that in the final paragraph of the revised recommendation concerning collaboration with the Region on a long term strategy to eliminate curb-side collection be revised to delete the phrase "the elimination of" so as not to pre- suppose that the service will be discontinued in future. Mr. Witmer advised that this would be a decision of Council to make. Councillor Gazzola advised that he was prepared to hear the delegations but would like to ask for deferral of this matter for a period of 6 months and in the interim continue with existing practices. It was agreed that all delegations would be heard prior to entertaining a motion of deferral. Councillor C. Weylie inquired if the outcome of discussions with the Region would come forward in time for discussion during the 2010 budget deliberations. Mr. Witmer advised that all that is planned to be reviewed in 2010 is whether or not to continue to operate all 9 leaf drop-off sites. Discussions with the Region pertain to a long term solution that will take time to develop. Mr. John Heij spoke in support of the original staff recommendation to eliminate curb-side collection, citing safety and drainage issues associated with leaves on the road. He suggested that many who rake leaves to the curb are capable of bagging and taking their leaves to a drop-off site. He added that it is a homeowner's responsibility regardless of where leaves originate from and the cost of bags can be mitigated by buying several extra garbage cans and applying Regional yard waste stickers to the cans. He noted that trees add value to property and are good for the environment, suggesting that citizens should stop complaining and treasure such assets. He stated that he would like to see phasing out of curb-side pick-up in future and the dollars saved go to other worthwhile needs of the City. Chuck and Ingrid McMullan attended in support of the revised recommendation for leaf collection. Mr. McMullan first spoke to an earlier issue concerning the EDIF fund, suggesting that it is not good practice to speak of project costs exclusive of any applicable interest charges. Mr. McMullan then commented that he had 2 large Maple trees on his property and the volume of leaves makes it impractical to bag the leaves and transfer them to a drop-off site. He suggested that the number of respondents to a City survey was insufficient in which to make a policy change and submitted a petition of residents in opposition to elimination of curb-side pick-up. He stated that he would like to see the historical rationale for curb-side pick-up researched and was of the opinion the practice should continue regardless of cost. Mayor C. Zehr asked staff to comment on the survey conducted by the City. Ms. J. Miller, Manager of Communications, advised that the City received one of the best responses for a survey of its kind with over 500 respondents. The survey was conducted on-line, distributed in print to Community Centres, published in Your Kitchener and a local Community Newspaper; in addition a dedicated email address and voice-mail phone number received responses, booths were set-up at the Kitchener Market and radio ads run to ensure the widest demographic would be reached. Messrs. Doug Sullivan and Ray Von Bitter, presented a petition of residents also opposed to elimination of curb-side pick-up. Mr. Von Bitter advised that he alone has 39 mature trees and collectively with 4 other neighbours there are more than 100 trees. He disagreed with the notion of supplying 2-5 bags and / or having to hire persons to rake and bag the leaves as the former is insufficient to their needs and suggested the latter would be paying for something already included in COUNCIL MINUTES SEPTEMBER 21, 2009 - 247 - CITY OF KITCHENER their tax dollars. He suggested that the focus should remain on dealing with the issue of safety and suggested that residents could rake leaves to the boulevard rather than onto the road pending notification of curb-side collection. Mr. John Goemans commented that while he appreciates the City's efforts to reduce costs, he agreed that the percentage of respondents to the survey was not sufficient to determine a change in policy. He raised concerns with placing responsibility on the homeowner to collect all dropped leaves, regardless of their origin and supported the proposed single curb-side collection. Mr. James Etienne spoke on behalf of residents in the area of Idlewood / Glenwood / Shuh neighbourhood. The area is unique in that it is situate among Idlewood Bush surrounded by hundreds of trees. He suggested that in established areas with numerous mature trees it is impractical for residents to bag leaves for collection and suggested it would have a detrimental impact, in that trees will become looked upon as a liability. He commented that the projected savings to eliminate the service would equate to only about a $5 savings on his tax bill compared to any individual costs he would in turn incur. He also agreed that the number of survey respondents was insufficient to determine the proposed change and suggested that cost efficiencies could be accomplished without eliminating the service altogether. He suggested reducing the number of days for curb-side collection in favour of several specified dates in October /November and that citizens would be accepting of a modest increase in taxes to maintain loose leaf collection services. Ms. Nancy Riedel Bowers spoke in favour of the revised recommendation, asking that the City undertake to fully research this issue before making a decision to eliminate curb-side collection and suggesting that the Region's green recycling be explored. She added that surveys should not be placed in the package of flyers included with the local newspaper but rather delivered door to door. Mr. May clarified that the survey was published in a full page advertisement in the Community Newspaper and also in the City's Your Kitchener newsletter. He added that direct mail was considered; however, the cost to do so is prohibitive. Ms. Sue McKay suggested that heavy machinery is not needed for collection of leaves and could be more cost effectively achieved by hiring students and have them concentrate on the heavily treed areas. Ms. Irene Simpson advised that she lives in the Forest Hill area which is heavily treed and most residents are seniors to whom it would be detrimental to require bagging and transfer of their leaves to a drop-off site. She did not agree with the proposed one time collection in November and suggested that the City should bear the cost of curb-side collection and if reflected in property taxes so be it. Mayor C. Zehr suggested that prior to entertaining a motion to defer, Councillors be permitted to have open discussion. Councillor B. Vrbanovic requested clarification of the proper order of consideration respecting the original motion, motion to defer and the revised recommendation. Mayor Zehr suggested that if there was no objection among Council that the revised recommendation be used as the basis of discussion, following which the deferral motion would be entertained. All members of Council concurred with this approach. A motion by Councillor K. Galloway, seconded by Councillor G. Lorentz, was then brought forward for consideration to amend Clause 3 of the Community Services Committee report by deleting it in its entirety and replacing it with the revised proposal for modifications to the City's Leaf Collection Program, as circulated this date. Councillor G. Lorentz commented that he was comfortable that some change in direction was being achieved, acknowledging that Forest Hill is a hotspot for leaf drop. He stated that the proposal provides opportunity for residents to do what they can and was of the opinion the heavy machinery is needed to deal with the volume in heavily treed areas. He added that the issue of illegal dumping needs to be addressed as it adds substantial cost to operate the drop-off sites. He stated that this is a good educational move, in that, residents need to understand they have responsibility to maintain their properties and the decision allows staff to work co-operatively with them. He advised that he would not support a deferral as he was satisfied with the approach to be taken. Mayor C. Zehr inquired how it is proposed to provide the 2-week advance notice to residents. Ms. J. Miller advised that communications under the revised proposal would likely be to specified targets in the form of letters and / or door-to-door. COUNCIL MINUTES SEPTEMBER 21, 2009 - 248 - CITY OF KITCHENER Councillor B. Vrbanovic requested clarification of the 2009 Leaf Collection Map as it relates to the shaded vs. white areas. He was advised that staff will concentrate on the designated shaded areas and all other areas in white on the map would have some form of street sweeping to address leaves on the roadway to ensure safety but these would be areas where raking out to the curb is not permitted. Councillor Vrbanovic commented on the survey results, acknowledging the frustration of some of the residents; however, he noted that the City faces challenge in how to gather input and suggested that citizens have to engage themselves and respond. Councillor Vrbanovic advised that he also would not support deferral as he was satisfied with what has been done to date and it allows the process to be monitored this year for review in the new year. Councillor K. Galloway spoke in support of the proposal, commenting that the program can be implemented earlier should conditions warrant but also encouraged all residents to mulch, bag and / or compost as much as possible. She added that it is also important for residents to provide feedback to the City at the conclusion of this fall season to inform as to how the changes worked and / or provide suggestions for further improvement. Councillor C. Weylie inquired as to when the nine drop-off sites would be accessible and how the issue of illegal dumping would be addressed. Mr. Witmer advised that all locations would be open Thanksgiving weekend through to the end of November. He added that staff will be monitoring the sites for illegal dumping and educating the public on what is permitted versus what is not. Councillor J. Smola supported the revised proposal as a good compromise to the concerns raised and advised that he also would not support deferral of the matter given the impending season. Councillor J. Gazzola commented that he appreciates the challenge residents are up against having lived in a neighbourhood where there are lots of trees for some 45 years. He noted that he has enjoyed curb-side collection during that time and would like to do so in future. He suggested that current obsession with growth leads to cuts in service which he is not in favour of; adding that roads are a service used by all residents and curb-side leaf collection is an issue that should be dealt with and the service provided to the public. He expressed the opinion that since starting discussions in April of this year the City has done a poor job in notifying the public of proposed changes and Council should have benefit of the outcome of discussions with the Region prior to making changes in the program. He added that to be fair those who responded to the survey had not been notified of the revised proposal and should have opportunity to comment. Councillor Gazzola suggested that the program as proposed would still be confusing in respect to notifying when collection would occur and he did not believe sufficient communication for understanding of the public could be given in the short timeframe. For these reasons, he advised that he would like deferral of this issue until March 2010. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That consideration of the proposed modifications to the City's Leaf Collection Program, as circulated September 21, 2009, be deferred until March 2010 and the City's existing leaf collection practices continue in the interim." A recorded vote was requested. In favour: Councillor J. Gazzola Contra: Mayor C. Zehr and Councillors J. Smola, B. Vrbanovic, K. Galloway, G. Lorentz and C. Weylie Motion Lost At the request of Councillor B. Vrbanovic, Councillor Galloway's motion was amended to delete the phrase "the elimination of from the last paragraph so as not to pre-suppose the outcome of collaboration with the Region of Waterloo. Moved by Councillor K. Galloway Seconded by Councillor G. Lorentz "That Clause 3 of the Community Services Committee report of this date, as amended, be adopted." COUNCIL MINUTES SEPTEMBER 21, 2009 - 249 - CITY OF KITCHENER Mayor C. Zehr commented that additional time for discussion has been given through this process and it is not uncommon to consider revised proposals resulting from subsequent review. He stressed that key to the modifications to the program will be advance notice of the collection of curb-side leaves. He requested clarification as to the feasibility of residents raking their leaves onto the boulevard, as opposed to the roadway, pending notification of curb-side collection and Mr. Witmer advised that this could be done. Councillor Galloway's motion was then voted on by a recorded vote. In Favour: Mayor C. Zehr and Councillors G. Lorentz, J. Smola, K. Galloway, B. Vrbanovic and C. Weylie Contra: Councillor J. Gazzola Motion Carried. Council considered this date Development & Technical Services Department report DTS-09-139, dated September 16, 2009, a memorandum (H. Holbrook), dated September 21, 2009, and revised recommendations circulated this date; as they pertain to Clause 8 of the Development & Technical Services Committee report, dealing with aCity-initiated Official Plan Amendment OP 09/02/COK/HH to modify the K-W Hospital Secondary Plan /Map 5 Land Use and Zone Change Application ZC 09/02/COK/HH pertaining to the King Street West Mixed Use Corridor. Mr. Paul Puopolo, IBI Group, attended on behalf of the Ratz Bechtel Funeral Home, in support of the revised recommendations pertaining to Clause 8 and in particular, as it relates to deferral of his client's property at 617-621 King Street West. Messrs. Gus Mitsis, Solicitor, and Sherif Ali, property owner, also attended in regard to Clause 8 of the report. Mr. Mitsis advised that his client is in favour of the revised recommendation at it relates to the exemption of 624 King Street West. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 8 of the Development & Technical Services Committee report of this date, as amended, be adopted." Carried. Council considered this date Development & Technical Services Department report DTS-09-140, dated September 18, 2009 and revised recommendations circulated this date, pertaining to Clause 9 of the Development & Technical Services Committee report, dealing with Zone Change Application ZC 07/26/H/KA (Becker Estates Inc.), Official Plan Amendment OP 07/14/H/KA and proposed conditions of draft approval for Subdivision 30T-07205; as related to a pending Ontario Municipal Board (OMB) hearing of appeals. Mr. Chris Pidgeon, GSP Group, representing Becker Estates Inc., attended in support of the staff recommendation and, in particular, proposed amended conditions to the draft plan of subdivision. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 9 of the Development & Technical Services Committee report of this date, as amended, be adopted." Carried. Mr. L. Gordon, Chief Purchasing Officer, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Mr. Gordon circulated this date revised Financial Services Department report FIN-09-125, concerning Tender T09-081 -Sanitary and Watermain Trenchless Rehabilitation on Greenbrook Drive (Warren to Birchcliff). COUNCIL MINUTES SEPTEMBER 21, 2009 - 250 - CITY OF KITCHENER Councillors K. Galloway and J. Gazzola raised concerns in respect to proceeding with Expression of Interest E09-083 (Consultant Services -Compass Kitchener Public Survey), questioning what the impact would be if the survey was not undertaken at this time. Ms. S. Adams, Director, Community & Corporate Planning, advised that the option not to proceed had not been discussed with Compass Kitchener. She suggested that Council could direct staff to have discussions with Compass Kitchener in respect to a delay or undertaking the survey on a lesser scale. Councillor Galloway inquired as to how often the survey is completed. Ms. Adams advised that this survey is done only once every 4 years in tandem with the term of Council and subsequently, a Report Card is presented by Compass Kitchener annually. Councillor Vrbanovic commented that the survey is an integral part of a comprehensive cycle in developing the City's Strategic Plan. He pointed out that the input received helps set direction and feeds into an end of term review. He added that the resulting information is also useful to prospective candidates in determining the needs /wants of the community. Ms. C. Ladd, Chief Administrative Officer, commented that the survey is part of work undertaken over the past 7 years to build on the City's Strategic Plan to ensure the City is delivering on the set goals. She noted that Compass Kitchener has worked hard to clarify its responsibility in monitoring and reporting on the City's progress as it relates to the Strategic Plan. She suggested that not proceeding with this survey would jeopardize the integrity of the plan, noting that in this first cycle it is important to follow through with public input to determine if the original plan is still relevant or if there is need for adjustments. Councillor Galloway expressed appreciation for the need to move forward but suggested that there would be benefit in delaying until the new year to allow the new Council to have input into the strategic planning process. Ms. Ladd advised that the program is set up to accomplish the desired effect with the survey being the first piece and needs to be accomplished prior to the summer months for optimum opportunity to receive input. The data collected is subsequently compiled for presentation to the new Council and will aid in setting the direction for the next term of Council. She added that the purpose of doing the survey now is to ensure the information is ready for discussion with the new Council and it is important that these discussions be entered into at the beginning of the new term. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Expression of Interest E09-083, Consultant Services -Compass Kitchener Public Survey, be awarded to Environics Research Group Ltd., Toronto at their estimated fee of $69,300., including 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. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Tender T09-074, Domestic Natural Gas Meter Replacement Program, be awarded to: Lakeside Performance Gas Services Limited, Mississauga at their tendered price of $208,719., including G.S.T., with an option to extend the contract for two (2) additional one (1) year periods, subject to mutual agreement." - and - "That Expression of Interest E09-075, Consultant Services -Phase 1 -Corporate Technology Strategic Plan, be awarded to Prior & Prior Associates Ltd., Markham, Ontario at their estimated fee of $119,721., including disbursements of $3,000. and G.S.T., and Phase 2 -CIS Business Application Assessment at their estimated fee of $59,504., including disbursements of $1,650. and G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." COUNCIL MINUTES SEPTEMBER 21, 2009 - 251 - CITY OF KITCHENER -and - "That Expression of Interest E09-076, Consultant Services - Stormwater Management Ponds Retrofit, be awarded to Aquafor Beech Limited, Mississauga, Ontario at their estimated fee of $648,652., including a contingency of $56,160. and G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Tender T09-079, Road Reconstruction - Bismark Avenue (Waterloo Street to Duke Street West), be awarded to J. Weber Contracting Limited, Breslau at their tendered price of $311,939.86, including provisional items and contingencies of $41,517.50 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 Tender T09-081, Sanitary and Watermain Trenchless Rehabilitation on Greenbrook Drive (Warren to Birchcliff), be awarded to McGillivray & Sons Contractors Limited, St. Agatha, Ontario at their corrected tendered price of $634,263.61, including provisional items and contingencies of $147,509. 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 E09-054, Construction Management Services -Consolidated Maintenance Facility, be awarded to Melloul-Blarney Construction Inc., Waterloo at their estimated fee of $452,130., including a contingency of $105,000. and G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Mayor C. Zehr advised that Ms. T. Beaulne was in attendance in regard to Clause 2 of the Community Services Committee report of this date, concerning the annual grant allocation to the Social Planning Council Kitchener-Waterloo. Moved by Councillor K. Galloway Seconded by Councillor G. Lorentz "That Clause 2 of the Community Services Committee report of this date be adopted." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Council considered Corporate Services Department report CRPS-09-130 (C. Goodeve), dated September 17, 2009, concerning Clause 3 of the report dealing with the Conestoga College South Campus and Blair Business Park Sanitary Servicing Class Environmental Assessment Study. The report advances a recommendation of the City's Environmental Committee to request that the City of Cambridge be encouraged to incorporate aone-hour emergency storage tank into the design of the Blair Sanitary Sewage Pumping Station. COUNCIL MINUTES SEPTEMBER 21, 2009 - 252 - CITY OF KITCHENER Councillor B. Vrbanovic advised that the City of Kitchener requires inclusion of a one hour emergency storage tank in construction of new pumping stations; however, this is not a standard of the City of Cambridge and the Environmental Committee felt it was an important feature to incorporate. Mr. G. Murphy, Director of Engineering, advised that the Blair Pumping Station will be owned by the City of Cambridge with part of its operation taking place within the boundary of Kitchener. Mr. Murphy pointed out that Kitchener's requirement to include the emergency storage tank exceeds Ministry of the Environment standards, adding that Kitchener will have no authority over the operating scheme of the pumping station. He noted, however, that staff has discussed the issue with Cambridge, who has indicated a willingness to consider the matter during the detailed design phase and operating details will be captured in across-border servicing agreement. On motion by Councillor B. Vrbanovic, seconded by Councillor C. Weylie, it was agreed to amend Clause 3 of the Development & Technical Services Committee report to include the recommendation of the Environmental Committee as outlined in report CRPS-09-130. The Development & Technical Services Committee report was then voted on Clause by Clause. Clause 3 -Carried, as Amended Clauses 8 & 9 -Dealt with under Delegations and 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 2 - Dealt with under Delegations and Carried. Clause 3 - Dealt with under Delegations and Carried, as Amended, on a recorded vote. Balance of report -Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the report of the Finance and Corporate Services Committee be adopted." At the request of Mr. R. Gosse, City Clerk, it was agreed to amend Clause 5 of the report, dealing with the Terms of Reference for the Nominating Committee, to provide for referral of the matter to the October 5, 2009 Finance and Corporate Services Committee meeting, pending additional review by staff in respect to the potential for additional representation from various organizations /agencies. Councillor K. Galloway spoke in opposition to Clause 7 of the report, concerning naming of Wards for the 2010 Municipal Election. She stated a preference for Option 2 that would involve public input and suggested that Ward names should reference some identifiable landmark as this would have more meaning to constituents than just a numeric identifier. Councillor J. Gazzola referred to Clause 9 of the report, concerning changes in scope to the Consolidated Maintenance Facility (CMF) project, requesting clarification of the funds pertaining to snow management options. Ms. P. Houston advised that currently there is $500,000 set aside for snow management options as it was originally envisioned this operation would be included in the CMF. Following an environmental assessment resulting from changes in legislation pertaining to protection of wellheads, it was determined that locating snow management at the CMF would be cost prohibitive. She added that staff is continuing to set aside the $500,000 relative to exploration with the Region of Waterloo as to alternative sites for snow management and the potential to implement COUNCIL MINUTES SEPTEMBER 21, 2009 - 253 - CITY OF KITCHENER snow melting operations. Councillor Gazzola requested clarification as to the reduction in vehicles to be housed indoors from the original plan. Ms. Houston advised that originally Priority 1, 2 and 3 vehicles were to be housed indoors; however, on further review of increased costs it was decided only Priority 1 vehicles would be housed indoors. Councillor Gazzola inquired if the number of vehicles could be further reduced and Ms. Houston responded that this would limit Priority 1 responses, noting that the key objective is to be able to get these vehicles on the road quickly when needed. Councillor Gazzola inquired as to the status of tenders for this project. Ms. C. Fletcher, Director of Facilities Management, advised that the City's Construction Management Firm will be sending out tenders for all sub-contractors based on the project design plan. Councillor Gazzola inquired if the tenders will come to Council for approval. Mr. L. Gordon advised that the Construction Manager will award the mechanical /electrical sub-contracts from a list of pre-approved bidders. Ms. Houston concurred that the final sub-contract tenders do not come to Council as the City has hired a Construction Manager to look after the sub-trades and tenders; however, she noted that the Project Team is required to bring quarterly updates to Council at which time any concerns would be identified and is Council's opportunity for over-sight of the project. Councillor Gazzola advised that he would not support Clause 9 of the report as he still had a number of questions that had not been answered to his satisfaction; the project has experienced delays; and costs have escalated. Councillor B. Vrbanovic expressed surprise that the tenders would not come to Council, commenting that this appears to be different than other projects where a Construction Manager was used. Ms. P. Houston cited examples of the Activa Sportsplex and a Community Centre wherein similar process was followed. Mr. Gordon added that notwithstanding the Construction Manager will select the mechanical /electrical sub-contractors from the pre-approved list of bidders, staff could still provide Council with a report on the companies selected and he gave assurances that he would ensure the City's Purchasing By-law was adhered to. In response to Councillor Vrbanovic, Ms. Houston advised that the CMF will house roughly 40% of the City's full time staff in an adaptive re-use facility that will be the primary location for external hard services and the Corporate Contact Centre. The FCS report was then voted on Clause by Clause Clause 5 -Carried, as Amended. Clause 7 -Carried. Clause 9 - A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors G. Lorentz, J. Smola, K. Galloway, B. Vrbanovic and C. Weylie Contra: Councillor J. Gazzola Motion Carried. Balance of report -Carried. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the report of Heritage Kitchener be adopted." Carried. Councillor J. Smola raised concerns with respect to drainage problems experienced on Pandora Avenue, noting that this area has been on a waiting list for the past 3 years. He asked that staff look at the Accelerated Infrastructure Program in respect to using stimulus funds to reduce the waiting list and hire contractors to do the necessary improvements. COUNCIL MINUTES SEPTEMBER 21, 2009 - 254 - CITY OF KITCHENER Mr. G. Murphy acknowledged the concerns on Pandora Avenue, noting that stimulus funding is being earmarked in the capital budget to address some of the many drainage problem areas and a summary report will be coming at a future date. NOTICE OF MOTION Councillor B. Vrbanovic gave notice that at the November 2, 2009 Council meeting he would introduce the following motion for consideration: "That the City of Kitchener recommends to the Minister of Community Safety and Correctional Services that the Minister commence legislative or equivalent enhancement of the Municipal Act 2001 that will require the municipality to register on the Land Titles System all activities ordered by the inspection process as per the provisions of Sec.447 of the aforementioned Act; such legislation to be written to include a cost recovery mechanism for the municipality and a no cost disclosure process included to allow prospective tenants (renters) of such structures seamless access to allow for informed pre-occupancy knowledge; it being understood that the Land Titles System is governed by the Provincial Land Titles Act which allows for the removal from title the work ordered upon re-inspection and approval." Councillor Vrbanovic advised that the motion relates to the merits of a registry of properties where a marijuana grow operation and / or clandestine lab has been present to ensure protection of all consumers. Councillor C. Weylie commented that in regard to the leaf collection survey, the City had received more responses from the Community Newspaper publication than that in the City's Your Kitchener newsletter. Mr. M. May advised that the full page advertisement used in the Community Newsletter and the fact that the publication preceded that of the Your Kitchener newsletter may have factored in the varying response levels. He added that this is the first time the City has used the Community Newspaper and overall it was a positive experience. At the request of Councillor C. Weylie, Ms. C. Ladd agreed to obtain an update from Regional staff on activation of a 211 service in the Region. Moved by Councillor K. Galloway Seconded by Councillor J. Gazzola "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to close part of the public highway known as Solon Avenue in the City of Kitchener. (b) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (c) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (d) 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. (e) Being a by-law to amend By-law 2007-179 to extend the time period for exemption from Part Lot Control -Part of Blocks 1 and 2, Registered Plan 58M-394 -Upper Mercer Street. (f) Being a by-law to amend By-law 2007-192 to extend the time period for exemption from Part Lot Control -Part of Blocks 6, 12 and 19 and Blocks 7, 8, 9, 10 and 22, Registered Plan 58M-364 -Old Zeller Drive (g) To confirm all actions and proceedings of the Council (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Gerry and Susan Remers -Ahrens Street West. COUNCIL MINUTES SEPTEMBER 21, 2009 - 255 - CITY OF KITCHENER (i) Being a by-law to adopt Amendment No. 82 to the Official Plan. (j) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -City of Kitchener. 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 K. Galloway Seconded by Councillor J. Gazzola "That the by-laws be given third reading, namely: (a) Being a by-law to close part of the public highway known as Solon Avenue in the City of Kitchener. (By-law No. 2009-125) (b) 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. 2009-126) (c) 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. 2009-127) (d) 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. 2009-128) (e) Being a by-law to amend By-law 2007-179 to extend the time period for exemption from Part Lot Control -Part of Blocks 1 and 2, Registered Plan 58M-394 -Upper Mercer Street. (By-law No. 2009-129) (f) Being a by-law to amend By-law 2007-192 to extend the time period for exemption from Part Lot Control -Part of Blocks 6, 12 and 19 and Blocks 7, 8, 9, 10 and 22, Registered Plan 58M-364 -Old Zeller Drive (By-law No. 2009-130) COUNCIL MINUTES SEPTEMBER 21, 2009 - 256 - CITY OF KITCHENER (g) To confirm all actions and proceedings of the Council (By-law No. 2009-131) (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Gerry and Susan Remers -Ahrens Street West. (By-law No. 2009-132) (i) Being a by-law to adopt Amendment No. 82 to the Official Plan. (By-law No. 2009-133) (j) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -City of Kitchener. (By-law No. 2009-134) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 10:45 p. m. MAYOR CLERK COUNCIL MINUTES SEPTEMBER 21, 2009 - 257 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That an all-way stop be installed at the intersection of Perth Road and South Drive; and, That an all-way stop be installed at the intersection of Perth Road and Pleasant Avenue; and further, That the Uniform Traffic Control By-law be amended accordingly. 2. That five (5) speed humps and two (2) raised crosswalks be installed on Laurentian Drive between Block Line Road and Westmount Road. 3. That the Conestoga College South Campus and Blair Business Park Sanitary Servicing Class Environmental Assessment Study Report prepared by MTE Consultants Inc., dated August 2009, be endorsed; and, That staff be directed to prepare across border servicing agreement with the City of Cambridge to outline: operational and maintenance requirements, easement requirements and the sewage rate charge for the flows being conveyed to and treated at the Kitchener Wastewater Treatment Plant; and further, That the City of Cambridge be encouraged to incorporate a one (1) hour emergency storage tank into the design of the proposed new Blair Sanitary Sewage Pumping Station to be located at the northwest corner of Morningside Drive and Fountain Street in the City of Cambridge. (Carried, as Amended) That the Doon South Sanitary Pumping Station and Forcemain Environmental Study Report (ESR) prepared by Aecom Canada Ltd., dated September 2009, be received; and further, That the Doon South Sanitary Pumping Station and Forcemain Environmental Study Report (ESR) be filed with the Ontario Ministry of the Environment for the mandatory thirty (30) day review period as required by the Environmental Assessment Act. That Zone Change Application ZC09/03/A/AP (21 Ahrens Street West, Gerry and Susan Remers) for the purpose of changing the zoning from Residential Five Zone (R-5) with Special Regulation Provision 266R, Temporary Use Provision 4T, and Special Use Provision 127U to Residential Five Zone (R-5) with Special Use Provision 127U and Special Use Provision 389U on lands legally described as Part Lot 5, Plan 401, in the City of Kitchener, be approved in the form shown in the "Proposed By-law" dated August 12, 2009, attached to Development and Technical Services Department report DTS-09-110. That Demolition Control Application DC09/05/K/GS requesting permission to demolish one (1) single detached dwelling located at 750-760 King Street West (33 Linwood Avenue), owned by 118042 Ontario Limited, legally described as PLAN 413 LTS 16, 17 PT LTS 18 19, 21 TRACT GERMAN CO SUBD OF LT 15 PT LTS 13, 14 & 29 PT LINWOOD AVE, be approved without conditions. That five (5) speed humps and two (2) raised crosswalks be installed on Morgan Avenue between River Road and Fairway Road. That City-initiated Official Plan Amendment OP 09/02/COK/HH being an amendment to modify the K-W Hospital Secondary Plan and Map 5 Land Use Plan, be approved, in the form shown in the "Proposed Official Plan Amendment" dated August 11, 2009 attached as Appendix 'A' to Development and Technical Services Department report DTS-09-132; and, That City-initiated Zone Change Application ZC 09/02/COK/HH being an amendment to Appendices 39, 74, 75 and 84 of Appendix A, sections 135-137, 161, 203, 206 and 307, 394 of Appendix C, sections 131, 158, 302, 497-501 and 504 of Appendix D and section 6, 7 and 56 of Appendix F of By-Law Number 85-1 as they pertain to the King Street West Mixed Use Corridor for the purpose of changing the zoning from various zone classifications to Mixed-Use COUNCIL MINUTES SEPTEMBER 21, 2009 - 258 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) (Cont'd) Corridor MU-2 and MU-3 zones with and without site-specific special provisions applying to these lands, be approved, in the form shown in the "Proposed By-law" attached as Appendix "A" to Development and Technical Services Department report DTS-09-139 and as amended to remove the Holding Symbol 56H from the property municipally addressed as 624 King Street West as circulated at the September 21, 2009 Council meeting; and further, That City-initiated Zone Change Application ZC 09/02/COK/HH as it applies to the property municipally addressed as 617-621 King Street West be deferred until a Council meeting later in 2009 to consider the property owner's concerns raised at the September, 14, 2009 Development & Technical Services Committee meeting. (Dealt with under Delegations and Carried, as Amended) That Zoning By-law Amendment ZC07/26/H/KA (Becker Estates Inc.), as circulated at the September 14, 2009 Development and Technical Services Committee meeting, as well as Official Plan Amendment OP07/14/H/KA, as attached to Development and Technical Services Department report DTS-09-133; and proposed conditions of draft approval for Subdivision 30T- 07205, as attached to Development and Technical Services Department report DTS-09-140; and revised proposed condition 6.23 and new proposed condition 6.29, as circulated at the September 21, 2009 Council meeting; be endorsed in principle; and, That staff appear on behalf of the City of Kitchener at the forthcoming Ontario Municipal Board hearing with respect to the appeals of the above noted planning applications; and, That the Director of Engineering Services and the Director of Planning may approve minor revisions to the text of the draft conditions as required as a result of the resolution of the Ontario Municipal Board appeals; and further, That the recommendations contained in reports DTS-09-133 and DTS-09-140 and as circulated at the September 21, 2009 Council meeting, not proceed to Council until such time as Council has received a report from staff with respect to an Offer to Purchase that portion of Plains Road contemplated to be closed as a result of an approval of Draft Plan 30T-07205. (Dealt with under Delegations and Carried, as Amended) COMMUNITY SERVICES COMMITTEE - That Council Policy I-65, "Arts and Culture Advisory Committee -Terms of Reference" be replaced with the revised Terms of Reference; that the Terms of Reference for the Public Art Working Group sub-committee, be approved; that the 2009/2010 Work Plan for the Arts and Culture Advisory Committee: all as attached to Community Services Department report CSD- 09-050. That consideration of the following recommendation, as contained in Community Services Department report CSD-09-046, be deferred to the Community Services Committee meeting scheduled for Monday, November 16, 2009: "That notice be given to Social Planning Council of Kitchener-Waterloo (SPCKW) that effective January 1, 2010 it will receive an annual grant in the amount of $43,000. to support the Community Information Centre; and, That staff consider the priorities of all Tier 1 grant recipients for 2010, including Festival of Neighbourhoods, and make recommendations to Council to allocate the budget amount in the 2010 Tier 1 grants pool, including the $43,000. re-allocated from the SPCKW Tier 1 grant, during the 2010 budget approval process."; and further, COUNCIL MINUTES SEPTEMBER 21, 2009 - 259 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) (Cont'd) That prior to the November 16, 2009 meeting, staff and representatives of the Social Planning Council Kitchener-Waterloo (SPCKW) have dialogue about the contents of the chart titled "Estimated Annual Value to Kitchener: SPCKW Planning and Community Information Development Work", prepared by the Social Planning Council and dated July 2009; develop a contract of the work required by and paid for by the City of Kitchener; and, develop a regular reporting structure for SPCKW to report to City Council throughout the year. (Dealt with under Delegations and Carried) That the following changes be made to the City of Kitchener Loose Leaf Collection Program: • all residents will be encouraged to mulch or compost their leaves, or use one of the city's nine leaf drop-off locations as the primary tool for leaf disposal; • curb-side loose leaf collection will only be conducted by the City in the areas identified on the '2009 Kitchener Loose Leaf Collection Program' map as: ^ Auditorium / Chicopee ^ Forest ^ Laurentian ^ North; • curb-side loose leaf collection in those identified areas will be completed by the City once during the month of November, at a time which is communicated to residents no less than two weeks in advance; • curb-side loose leaf collection at the locations identified on the '2009 Kitchener Loose Leaf Collection Program' map as hot spots, will be completed on multiple occasions as needed to ensure community safety, during the month of November; • curb-side loose leaf collection will be discontinued to all other areas of the City, where residents will be encouraged to mulch or compost their leaves, utilize the City's leaf drop-off locations, or bag in paper bags for collection under the Region of Waterloo's Yard Waste Program; • the City will open and operate the following list of nine leaf dump site locations throughout the City: ^ Schaeffer Park (Bloomingdale Rd.) ^ Breithaupt Park (Kinsman Park -off Union St.) ^ Kitchener Auditorium (Ottawa St. N. entrance) ^ Meinzinger Park Soccer Fields (Homer Watson Blvd.) ^ Lions Arena (Rittenhouse Rd.) ^ South West Optimists Sports Field (Pioneer Dr.) ^ Cherry Park (Strange St. & Waverly Rd.) ^ Victoria St. S. at Eastforest Trail (Eastforest Trail parking lot) ^ Hofstetter Park (40 Hofstetter Ave.); • the leaf dump site previously operated at 75 Ardelt Place shall be closed; and, That Chapter 635 (Garbage) of the City of Kitchener Municipal Code be modified to permit the placing of loose leaves at the curb only in the areas identified on the '2009 Kitchener Loose Leaf Collection Program' map; and further, That City staff continue to work collaboratively with the Region of Waterloo to explore the possibility of a long-term solution for curb-side loose leaf collection. (Dealt with under Delegations and Carried, as Amended, on a recorded vote) COUNCIL MINUTES SEPTEMBER 21, 2009 - 260 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE & CORPORATE SERVICES COMMITTEE - 1. That subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below, Council take no action to oppose the application for a liquor licence for Gambero located at 91 Queen Street South, Unit 10, applied for by Radmila Blagovcanin (herein referred to as the "Applicant"); and further, That the Mayor and Clerk be authorized to enter into an agreement with the applicant should he be willing wherein the applicant agrees to abide by the following conditions and to request they be added to his licence if the Alcohol and Gaming Commission of Ontario chooses to issue the licence: 1. to post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; 2. to become an active member of the Kitchener Business Improvement Association's License and Entertainment Committee and attend its meetings; 3. to abide by a set 30% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries), in other words alcohol sales will be limited to 30% of gross refreshment sales; 4. to stop serving alcohol by 12:01 a. m. daily in the first year of operation and thereafter to stop serving alcohol by 2:00 a. m. daily; 5. to notify the Clerk of the City of Kitchener in writing of any application to change the license at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the establishment without the consent of the City's Council; 6. to comply with the Noise By-law and the Region of Waterloo Smoking By-law; and, 7. these conditions shall bind all successors, assigns and subsequent licence holders (if any). 2. That subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below, Council take no action to oppose the application for a liquor licence for Conrad Centre for the Performing Arts located at 36 King Street West, applied for by Kitchener-Waterloo Symphony (herein referred to as the "Applicant"); and further, That the Mayor and Clerk be authorized to enter into an agreement with the applicant should they be willing wherein the applicant agrees to abide by the following conditions and to request they be added to their licence if the Alcohol and Gaming Commission of Ontario chooses to issue the licence: 1. to post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; 2. to become an active member of the Kitchener Business Improvement Association's License and Entertainment Committee and attend its meetings; 3. to abide by a set 30% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries), in other words alcohol sales will be limited to 30% of gross refreshment sales; 4. to stop serving alcohol by 12:01 a. m. daily in the first year of operation and thereafter to stop serving alcohol by 2:00 a. m. daily; 5. to notify the Clerk of the City of Kitchener in writing of any application to change the license at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the establishment without the consent of the City's Council; 6. to comply with the Noise By-law and the Region of Waterloo Smoking By-law; and, 7. these conditions shall bind all successors, assigns and subsequent licence holders (if any). 3. That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to the Canadian Testicular Cancer Association to conduct a social gaming event at the Romanian Cultural Centre, 2150 Bleams Road, Kitchener, on October 23, 2009. 4. That the request of K-W Oktoberfest Inc. to allow the following vendors and/or activities to take place on City property during Oktoberfest (October 8-18, 2009), be approved, provided the necessary licenses, including Health and Fire approvals, are obtained: COUNCIL MINUTES SEPTEMBER 21, 2009 - 261 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE & CORPORATE SERVICES COMMITTEE - (CONT'D) (Cont'd) 1 Beer and Food Tent on Frederick Street; 8 Food Vendors on Benton Street and one on Frederick Street; 9 tents/stages/activity areas - 8 on Benton Street, 1 on Frederick Street and 1 on King Street; and, That those selling food provide proof of insurance naming the City as an additional insured; and further, That building permits for any tents, if required, are obtained. That the following recommendation contained in Corporate Services Department report CRPS- 09-123 (Terms of Reference -Nominating Committee), be referred for further consideration to the October 5, 2009 Finance and Corporate Services Committee meeting, pending additional information from staff: "That the Terms of Reference for the Nominating Committee, as attached to Corporate Services Department report CRPS-09-123, be approved." (Carried, as Amended) That the rental rate for anti-scald valves be reduced from $2.00 per month to $1.00 per month (plus GST), effective October 1, 2009; and further, That the rental rates for tankless water heaters be reduced to the following monthly rates (plus GST), effective November 1, 2009: 53-DVN - $28.00 66-DVN - $29.50 74-DVN - $31.00. That Option 1 to eliminate identification of Wards by name and retain the numeric identifier only, as outlined in Corporate Services Department report CRPS-09-118, dated September 3, 2009, be approved, effective for the 2010 Municipal Election. That the summary of response to the Government of Ontario's Proposed Accessible Built Environment Standard, as attached to Development & Technical Services Department report DTS-09-138, be endorsed; and further, That staff be directed to submit a formal written response to the Province by its deadline of October 16, 2009. That the scope of the Consolidated Maintenance Facility (CMF) Project be increased to include the necessary components to achieve a LEED Silver designation; and, That Infrastructure and LEED components totaling $14 million as outlined in Community Services Department report CSD-09-049, be approved; $9.3 million of which to be funded from the approved Federal Provincial Infrastructure Stimulus program allocation and the balance to be funded from the proceeds of land sales of surplus properties related to the project; and, That the following funding adjustments to the Consolidated Maintenance Facility Project be approved: • $2.1 million allocated from the Business Park Reserve Fund; and, • $1.5 million contribution from each of the Gasworks, Waterworks and Sewer Enterprises; and further, COUNCIL MINUTES SEPTEMBER 21, 2009 - 262 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE & CORPORATE SERVICES COMMITTEE - (CONT'D) (Cont'd) That the environmental remediation costs related to the surplus lands to be sold upon completion of the CMF project be funded through the Brownfield Remediation Program (TIEG) and the Environmental Remediation Capital Account. (Carried, on a recorded vote) HERITAGE KITCHENER COMMITTEE - That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA- 2009-IV-009 (307 Queen Street South), be approved to permit the installation of new eavestroughs and downspouts, consistent in size, detail and colour of those currently installed on the building's north elevation, subject to the location of the downspout being approved by Heritage Planning staff prior to installation. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA- 2009-IV-008 (300 Joseph Schoerg Crescent), be approved to permit the installation of new shutters on attic windows located on the east and west elevations, the new design for the gate caps and mail box post, and the planting of one tree, all in accordance with the plans and photographs submitted with the application. COUNCIL MINUTES SEPTEMBER 21, 2009 - 263 - 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 -Retractable Awning -Matter of Taste - 119 King Street West Council considered Corporate Services Department report CRPS-09-126 (J. Sheryer), dated September 15, 2009. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the tenant or property owner and any mortgagee(s) of the property municipally known as 119 King St. W. to legalize a proposed retractable awning which will encroach approximately 7' 6", more or less, over the King St. W. road allowance for a length of approximately 15' 7", more or less." 3. Exemption to Chapter 450 (Noise) -Vien Quang Buddhist Association of Kitchener-Waterloo Council considered Corporate Services Department report CRPS-09-128 (S. Turner), dated September 16, 2009. It was resolved: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code, be granted to the Vien Quang Buddhist Association of Kitchener-Waterloo at 23 Campbell Avenue, on October 3, 2009, between the hours of 5 PM to 9 PM, as part of their celebration of their Autumn Festival." 4. Committee of Adjustment Decision Council considered Corporate Services Department report CRPS-09-125 (D. Gilchrist), dated September 15, 2009. It was resolved: "That the application of Home Hardware/Furniture (SG 2009-002 - 1014 Victoria Street South) requesting permission for 4 fascia signs to project 0.91 m (2.98') from the wall on which they are located rather than the permitted 0.4m (1.31'); three signs to be located on the east elevation of the building and one to be located on the west elevation, on Lot 1, Plan 971, being Parts 6 & 7, Reference Plan 58R-14655, 1014 Victoria Street South, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall obtain a sign permit from the City of Kitchener prior to the erecting of the signs." COUNCIL MINUTES SEPTEMBER 21, 2009 - 264 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Sale of Part of Plains Road Council considered Corporate Services Department report CRPS-09-127 (F. McCrea), dated September 16, 2009. It was resolved: "That the Mayor and Clerk be authorized to execute an Agreement of Purchase and Sale with Becker Estates Ltd., to purchase a portion of Plains Road in the City of Kitchener, containing approximately 1.02 hectares, to be conditional on the closure of the road and such other terms and conditions as are satisfactory to the City Solicitor."