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HomeMy WebLinkAboutCouncil - 2009-11-02COUNCIL MINUTES NOVEMBER 2, 2009 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillor G. Lorentz. The meeting began with the singing of "O Canada" by Maya Deutschlander, King School of Vocal. On motion by Councillor K. Galloway, the minutes of the regular meeting held October 13, 2009 and special meetings held October 13 & 26, 2009, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Ms. K. Durst, Friends of the Foundation, K-W Community Foundation, announced the 2"d annual Random Act of Kindness Day to be held November 13, 2009. The day is to celebrate random acts of kindness to facilitate community building and to encourage recipients of an act of kindness to pay it forward to other community members. Ms. Durst commented that her group foresees this day becoming a National event over time and thanked Council and City staff for their support. Mr. J. MacDonald, John MacDonald Architects, presented an overview of the 2009 Festival of Neighbourhood program, which recognizes the achievements of neighbours who encourage individuals and families to build stronger neighbourhood relationships and celebrate our community. The grand prize of a $10,000. capital community grant was won by the Doon Mills subdivision and the Ward Challenge, in which City Councillors are encouraged to help citizens in their respective wards to register an event, was won by Councillor K. Galloway, South Ward, with 21 events registered. A commemorative urn, commissioned by Becky Webster, local artist, was presented to Councillor Galloway, along with a beaded chain with the Councillor's name engraved. Similar beaded chains were presented to Councillor C. Weylie, West-Victoria Park Ward and Councillor J. Gazzola, Fairview-Gateway Ward, past winners of the Ward Challenge in 2007 and 2008, respectively. The beaded chains were deposited inside the urn and Mr. MacDonald asked that it be displayed in a public viewing area. The remainder of award winners are as follows: • Newcomer Award -presented by the Safe and Healthy Community Advisory Committee to the Settler's Grove Neighbourhood for registering an event for the first time; • Neighbourhood Pillar Award -presented by the Co-operators Insurance to the Stanley Park Community Association for registered events for 5 or more years; • Arts and Culture Award -presented by the Waterloo Regional Arts Council to the Avon / Applewood / Rosemount School neighbourhood for incorporating art into their event; • Youth Award -presented by the Waterloo Regional Police Services and Kitchener Youth Action Council to the Chandler-Mowat neighbourhood for an event organized with assistance of 1 or more youth; • Inclusion Award -presented by the Independent Living Centre to the Kiwanis Park and area for creating an all inclusive event; • Safer Neighbourhood Award -presented by the Crime Prevention Council to the Stanley Park Community Association for an event intended on creating a safer community; • Green Neighbourhood Award -presented by the Residential Energy Efficiency Program to the Guerin Avenue neighbourhood for an environmentally-conscious event. Council considered Chief Administrator's Office report CAO-09-050 (R. Regier), dated October 30, 2009, concerning Clauses 5, 6 and 7 of the Finance and Corporate Services Committee report, dealing with Economic Development annual operating grants for the Greater Kitchener Waterloo Chamber of Commerce Health Care Recruitment Council; Canada's Technology Triangle (CTT); Business & Education Partnership of Waterloo Region; Junior Achievement of Waterloo Region Inc.; Skills Canada -Ontario; and, the Waterloo Region Small Business Centre. Presentations by the Chamber of Commerce and the CTT were made to the October 26 Finance and Corporate Services Committee meeting and the balance of grant applications were deferred to Council this date, to allow presentations to be made by the remaining organizations. COUNCIL MINUTES NOVEMBER 2, 2009 - 289 - CITY OF KITCHENER Ms. Gail Smyth, Executive Director, Skills Canada -Ontario, attended in support of the organization's operating grant request of $5,306. She advised that Skills Canada is anot-for-profit organization dedicated to promoting skilled trades and technology as viable, first choice career options for youth. It was noted that the City's contributions have been used to sponsor an annual Young Women's Conference for Grades 7 and 8 students. Other events held include an Ontario Technological Skills Competition, which draws an average of 30,000 participants annually and a Careers Exploration Showcase that introduces students to over 50 interactive industry exhibitors. Ms. Smyth advised that collectively their events have an approximate $30M economic impact to the community. In response to Councillor J. Gazzola, Ms. Smyth clarified that while the City's contribution has been used to host an event geared toward young women, the organization provides services and events for both young men and women. Councillor Gazzola questioned the need for a grant given the organization's financial statements show $1 M in net assets. Ms. Smyth advised that the organization has a $2M budget and it is the Board of Director's policy to hold an amount of 6 months to one year in reserve in the event grant funding is not forthcoming. Councillor Gazzola requested clarification as to the 15% increase in expenses. Ms. Smyth advised that the increase is due in part to increased costs to host the annual skills competition and to maintain staffing for outreach programs which have reached approximately 1 M students each year to address the issue of skills shortages. Councillor Gazzola commented that this organization provides services in the field of education which is not a mandate of local government. Ms. Smyth clarified that Skills Canada is in the field of promotion of trades and technology and provides exposure to industry experts. Ms. Alayne Hynes, Program Manager, Business & Education Partnership of Waterloo Region, attended in support of the organization's operating grant request of $5,306. The organization's focus is on connecting students with employers and in shaping the future workforce through various events, including: a Speakers Bureau; Business Visitation; Science Superheroes event; School to Work Conference; and Leading Edge Youth Entrepreneurship Conference. It was noted that the City's contribution assists with the Speakers Bureau and Business Visitation and has leveraged grant funding from the Ontario Trillium Foundation for a new program, Sector Forums. Program growth has seen 55% more speakers reach 55% more students, 40% of whom come from Kitchener. Councillor J. Gazzola questioned a 30% increase in expenses shown in the organization's financial statements. Ms. Hynes advised that this is primarily due to the grant funding received from the Ontario Trillium Foundation which is providing $96,000. over a 2-year period for the Sector Forums program. Councillor Gazzola inquired as to how the program is to be supported beyond the 2-year period. Ms. Hynes advised that the organization would look to its funding partners and continue to pursue other sources of funding. Councillor Gazzola raised a similar concern that the services of the organization relate to education. Ms. Hynes advised that they work toward workforce development, which she believes should be of particular interest to the City, and have a strong role in influencing future generations in career paths that will ultimately shape the future of the workforce. It was noted that youth is exposed to over 300 local experts in a variety of fields. Ms. Rosemary Trakalo, Executive Director, Junior Achievement of Waterloo Region Inc., attended in support of the organization's operating grant request of $5,202. Their focus is on business education for students to aid in economic sustainability and stresses the importance of staying in school to attain educational and life skills necessary for a successful future. The City's contribution assists in delivery of the Junior Achievement Stay in School Program to the benefit of approximately 6,000 students. Councillor J. Gazzola noted that the organization had asked for a grant of $5,100 but staff is recommending $5,202. Ms. Trakalo advised that she believed staff has added a 2% inflation increase over 2008. Councillor Gazzola raised similar concerns with respect to this programming being in the field of education. Ms. Trakalo clarified that their programming is geared toward coaching youth to stay in school so they can achieve necessary skills to be successful in the workforce. Mr. R. Regier, Executive Director, Economic Development, spoke in support of the $75,000 operating grant request of the Waterloo Region Small Business Centre, whose mandate is to assist entrepreneurs in the development of new or existing businesses through outreach activities, youth programming, seminars /conferences and a variety of annual events. The organization has grown by 12.5% and in 2009 assisted approximately 7,000 aspiring entrepreneurs, with consultations increasing by up to 19.2%. COUNCIL MINUTES NOVEMBER 2, 2009 - 290 - CITY OF KITCHENER Councillor J. Gazzola questioned salary increases of 22% proposed in the organization's 2010 operating budget. Mr. Regier advised that apart-time position is planned to move to full time and other salary costs relate to incremental increases in keeping with human resources policies. Councillor Gazzola noted that the 2010 budget currently indicates a shortfall of $32,000. Mr. Regier advised that the budget as provided is in draft form and the Board of Directors is still working to address this issue through increased sponsorships and cost containment. Mr. Regier agreed to provide information to Council on the shortfall related to the "Womans Event". Councillor Gazzola inquired if clients of the Centre are required to pay a fee for services. Mr. Regier advised that a fee is paid for workshops; however, the Board of Directors does not want cost of service to impede access as it is important those aspiring to enter into the business field receive good advice. Councillor Gazzola suggested that a modest fee of $10 per consultation be considered and Mr. Regier agreed to take this back for consideration of the Board of Directors. Councillor J. Gazzola requested clarification in respect to the Greater Kitchener-Waterloo Chamber of Commerce Health Care Recruitment Council expenses of $175,500., of which $85,000 is attributed to administration. Mr. Regier stated that it was his understanding the amount relates to staffing costs to implement the program and agreed to follow-up with the Chamber of Commerce to provide further clarification of this allocation. Councillor J. Gazzola requested the City Treasurer to provide a brief overview of what the City is currently looking at in respect to the tax levy for 2010. Mr. D. Chapman, General Manager of Financial Services, advised that Council has directed that an increase in 2010 not exceed 3% and has given a budget reduction target of 2.57% to be achieved through: strictly limiting discretionary budget increases; no tax supported FTE additions; no program expansions; and, increased user fees. The 3% tax levy target would include 1.2% for the Economic Development Investment Fund (EDIF). Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That Clause 5 of the Finance and Corporate Services Committee report be adopted, as amended by deleting from the 3~d sentence the phrase 'in the amount of $20,000.' and replacing it with the phrase 'as the final year of the annual grant commitment of $20,000. for years 2006-2010', as outlined in Chief Administrator's Office report CAO-09-050." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That Clause 6 of the Finance and Corporate Services Committee report be adopted." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That Clause 7 of the Finance and Corporate Services Committee report be adopted, as amended by removing reference to a deferral and providing for approval of the Economic Development annual operating grants for the Business & Education Partnership of Waterloo Region; Junior Achievement of Waterloo Region Inc.; Skills Canada -Ontario; and the Waterloo Region Small Business Centre, as outlined in Chief Administrator's Office reports CAO-09-046 and CAO-09-050; and as subject to 2010 final budget approval." Councillor J. Gazzola advised that he would not support the motion as this is to be a difficult budget year and it was his opinion that these grants relate primarily to education which is not the mandate of local government. Councillor B. Vrbanovic commented that these are not new initiatives but rather partnerships that have been forged over a number of years and have been successfully operating. He suggested that the funding regardless of what level of government it originates from is taxpayer dollars and is a sound investment in youth and future development of the workforce. He added that the services of the Small Business Centre are particularly needed at this time to assist those looking for opportunities of an alternate source of employment. COUNCIL MINUTES NOVEMBER 2, 2009 - 291 - CITY OF KITCHENER Councillor K. Galloway spoke in support of the motion on the basis that the grant funding is still subject to 2010 final budget approval. Mayor C. Zehr also spoke in support, acknowledging the existing programming is beneficial in assisting the community from a business standpoint. The motion to adopt Clause 7 of the Finance and Corporate Services Committee report, as amended, was then voted on and Carried. Mr. Michael Collins attended in support of the decision of the Committee of Adjustment to approve Sign Variance Application, Submission No. S 2009-004 (2225 Kingsway Drive), listed as Item B.3 ii) on the Committee of the Whole agenda. Moved by Councillor J. Gazzola Seconded by Councillor C. Weylie "That the application of 2225 Kingsway Drive Inc. (SG 2009-004 - 2225 Kingsway Drive) requesting permission to erect a ground sign with automatic changeable copy to be located 10 m (32.8') from the intersection of Kingsway Drive and Fifth Avenue rather than the required 23 m (75.45') and located 28 m (91.86') from the closest Residential Zone rather than the required 150 m (492.1'), on Part Block G, Plan 254, 2225 Kingsway Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a sign permit from the City of Kitchener. 2. That the variance as approved in this application shall apply to the proposed sign and sign location only in accordance with the drawings submitted with this application and in accordance with the height restrictions for ground signs as identified in Chapter 680 (SIGN) of the City of Kitchener Municipal Code." Carried. Mr. Ed Redgwell, resident, attended to raise concerns with respect to the Economic Development Investment Fund (EDIF), commenting that Kitchener taxpayers are angered over learning that $40M of tax dollars have been wasted on interest charges applicable to the Fund. He referred to minutes of the September 21, 2009 Council meeting in which Councillor B. Vrbanovic had advised that many public meetings had been held at which participants were informed of the 15-year debentures to be issued and their cost. He noted that he had requested from the City's Freedom of Information (FOI) office to see minutes of those meetings but was advised that there is no record of the meetings and no minutes. Mr. Redgwell stated that Councillor Vrbanovic had also referred to numerous publications on EDIF, none of which he had received, nor was a local tax watch group aware of any such materials. He noted that he had also talked with 50 other taxpayers who knew nothing of what he spoke of. Mr. Redgwell asked that Councillor Vrbanovic provide copies of the publications to him and the tax watch group to look at so they can see if complete information was provided on the debt and its cost, as they remain skeptical of the existence of such documentation. Mayor Zehr asked if Mr. Redgwell had received any further documentation following the September 21 Council meeting. Mr. Redgwell advised that he had received an a-mail transmission from the FOI Office and read the following excerpt: "As I mentioned to you, these were not public meetings held by Council or Standing Committee therefore no official minutes were taken.". Mayor Zehr advised that he was aware of the items asked for by Mr. Redgwell under FOI and had reviewed the response given. The meetings referred to were not public meetings but rather were part of a lengthy consultation process of seeking public input and had garnered substantial media interest. Mayor Zehr advised that he had reviewed the official public meeting minutes of the March 8, 2004 Council meeting, and found that in at least 7 instances, reference is made in those minutes which explicitly speak to the debt to be issued and its cost. He added that the information is also referred to in staff reports and was part of the financial plan as brought forward by the City's Treasurer. Ms. C. Ladd advised that she had managed the process for creation of EDIF and over a period of 4 months consultations were undertaken within the community in a variety of forums, at which notes were taken and the information gathered was subsequently translated into formal staff reports. Ms. Ladd advised that approximately 2 years ago she had provided Mr. Redgwell with copies of the staff reports related to the public consultation meetings, as well as the City Treasurer's financial reports, the latter of which were discussed in open sessions over a period of several meetings. COUNCIL MINUTES NOVEMBER 2, 2009 - 292 - CITY OF KITCHENER Councillor B. Vrbanovic acknowledged the individuals right to raise concerns but maintained that Council has been straight forward and upfront with issues regarding EDIF, which has been reported on in various formats, as well as in the media. He asked that while information has been previously provided to Mr. Redgwell, that staff again circulate the information to him. He added that he takes seriously the matter of integrity and transparency. Councillor J. Gazzola commented that the difficulty Mr. Redgwell is having relates to the period of time over which the debt was to be issued, suggesting that many citizens were not aware of what was happening and had no opportunity, or failed to investigate fully. He stated that he himself only fully understood when Mr. Redgwell asked for the financial information that the debt was to be issued over a longer period than the 10 years specified for EDIF. He suggested that the understanding had been that the cost of borrowing of money would be within the 10 year window rather than over an additional 15 year period. Mayor Zehr commented that he could understand that some may not have fully understood; however, he noted that the financial reports included a schedule showing debt issuance over all those years and it was not reasonable to expect that the City would repay the debt in the same year the debenture is issued. Mayor Zehr maintained that Council has been absolutely and fully transparent on the subject of EDIF with no intent to deceive anyone. Ms. P. Houston, General Manager, Community Services Department, advised that at the time she had been the City Treasurer and had made presentations in official public meetings that included graphs showing the financial impact of EDIF from 2004 through to 2028. She added that the City's Auditor had reviewed the financial plan to ensure its accuracy and transparency. Mr. Adam Lewis, Anti-War@Laurier (AWAL), a community based action group for social justice and anti-war /oppressive organizing, advised that the group plans to host a public demonstration opposing the impact of the 2010 Olympic Games during the Torch Relay scheduled to pass through Kitchener on December 27, 2009. The group is protesting land rights of the First Nations in Vancouver and Six Nations in the Region of Waterloo, destruction of environmentally sensitive landscapes and rising costs that could be better used for social programming. He stated that a letter of resistance sent to the City in September had not yet been responded to. He suggested that policy of the Vancouver Olympics Organizing Committee threatens their right to peaceful protest by prohibiting the display of signs and distribution of promotional materials which he believes to be an infringement of the Charter of Rights on the issue of freedom of expression. Mr. Lewis stated that a letter was sent in June to the City and was responded to by the City's Legal Services, which he suggested was dismissive of these concerns and grossly inadequate. He assured that there would be a demonstration that would be peaceful dependent on the City's response in actively ensuring their freedom of expression. He asked that Council clearly state their opinion of the matter in a press conference following the Council meeting this date. Mayor Zehr acknowledged that a letter was received June 16, 2009 from the British Columbia Civic Liberties Association (BCCLA) and was forwarded to Legal Services for response. He also acknowledged that the response was brief but did include the following statement: "While we respect the right to freedom of expression, we hope that Kitchener's torch relay celebrations will be about sport, peace and the Olympic ideal." Mayor Zehr requested clarification of what was expected of the City in "actively" ensuring the protection of freedom of expression. Mr. Lewis stated they are seeking assurances that freedom of expression will be protected, commenting that there is a difference between respecting that right and taking action to ensure that right is not suppressed. Mayor Zehr advised that it is not Council's practice to state their opinions in a media conference forum. He advised, however, that he would publicly state at this time that no steps would be taken from his Office, or from Council, or the City to restrict the freedom of expression. He added that he expected that their protest would be peaceful as they have stated it would be; however, if it were to go beyond those bounds it would be out of the City's hands and into those of other authorities. Mr. Davin Charney, lawyer, advised that he specializes in civil liberties and human rights, and was concerned with the Olympic Games in general and the role Council will play in local events to ensure freedom of expression is protected. He referred to guidelines of the Olympic Committee that give direction to local cities on how to organize the torch relay events. Specifically, he advised the guidelines provide that any signage displayed along the relay route should not be promotional, commercial or any other form of propaganda unless distributed by the Olympic Committee or official sponsors; and distribution of propaganda or commercial products is not permitted along the relay route. He stated that these guidelines are of concern to the BCCLA, AWAL, himself and other COUNCIL MINUTES NOVEMBER 2, 2009 - 293 - CITY OF KITCHENER lawyers and suggested that the City's hope that the celebrations will be about sport, peace and the Olympic spirit is unrealistic. He asked that assurance be given that the City will support freedom of expression by not following the specified guidelines and allow carriage of signage and distribution of literature without criminalization of the participants. Mayor Zehr advised that he was not in possession of the guidelines referred to but it was his understanding the issue of signage relates to commercial signage, with the intent that no other businesses other than official sponsors of the games would be allowed to display signage along the relay route. Mr. Charney acknowledged that may be the case; however, reiterated that the guidelines also include reference to propaganda. Mayor Zehr stated that the City would look again at the guidelines and respond back, advising that there is an agreement with the Vancouver Olympic Organizing Committee to which he would have to have an understanding of the implications of what is being asked by the delegation. Councillor J. Gazzola commented that the City has no jurisdiction over freedom of expression and was uncertain what the delegation was asking for given the Mayor has given public assurance that no steps would be taken by the Mayor, his Office, Council or the City to restrict freedom of expression. Mr. Charney stated that many events will take place on City property and as such, it is expected the City would give direction to enforcement staff. He added that he would argue the City has responsibility to protect freedom of expression and finds the City's vague response to be troubling in that it does not guarantee he will be able to display a sign and / or hand out literature at Olympic events. Mayor Zehr expressed the hope that this would be allowed but advised he could not speak on behalf of the City until the documents referred to can be reviewed. Mr. L. Gordon, Chief Purchasing Officer, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor J. Gazzola Seconded by Councillor C. Weylie "That Tender T09-091 -Two (2) 19,504 KG (43,000 LB) G.V.W. Single Rear Axle Conventional Cab and Chassis complete with Side Dump Sander Body and Two-Way Front Plow, complete to specification CKF-127-2009, be awarded to Team Truck Centres, Kitchener, Ontario, at their tendered price of $321,482.74, plus one optional frame mount under chassis plow at $9,783.54, two optional front harnesses at $9,001.58, and two optional rear wing towers at $49,109.80, for a total tender price of $389,377.66, all including G.S.T. & P.S.T." - and - "That Tender T09-092 -One (1) 32,658 kg (72,000 Ib) G.V.W. Tridem Rear Wheel Conventional Cab and Chassis with Combination Catch Basin Cleaner, Sewer Cleaner, Hydro Excavating Unit and Jet Rodder, complete to specification CKF-328-2009, be awarded to Joe Johnson Equipment Inc., Innisfil, Ontario, at their tendered price of $450,772..82, including G.S.T. & P.S.T." - and - "That Tender T09-090, Printing of Leisure Magazine, be awarded to CanWeb Printing Inc., Grimsby, Ontario at their adjusted tendered price of $82,944.75, including G.S.T. for Option B." - and - "That Proposal P09-068, Website Redesign, be awarded to eSolutionsGroup Limited, Waterloo, ON at their proposed fee of $65,919., including G.S.T., plus optional software module of iCalendar at a cost of $6,825., including G.S.T.; and further, That the Chief Purchasing Officer be authorized to execute an agreement satisfactory to the City Solicitor." Carried. COUNCIL MINUTES NOVEMBER 2, 2009 - 294 - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Carried. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That the report of the Community Services Committee be adopted." Mayor C. Zehr spoke in regard to Clause 4 of the report, dealing with the Parks Master Plan recommendations, commenting that it is regrettable that collectively, Council, staff and citizens have failed to give adequate investment in parks, natural open space and community trails. He added that it is unfortunate that this realization comes at a time when there is substantial strain on the City's budgets as this is an area that benefits the quality of life for all citizens. He expressed the hope that the report signals a warning that additional investments need to be made in this area. The Community Services Committee report was then voted on and 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 Councillor B. Vrbanovic, it was agreed to defer those parts of Clause 10 of the report, dealing with 2010 fees and charges, relative to Planning fees (Lines 1220, 1221 and 1234) and Engineering fees (Lines 1352, 1370 and 1381), to the November 23, 20009 Council meeting, pending further discussions with interested parties. Councillor J. Gazzola requested that Lines 1513 (Utilities -Collections Notice Delivery Fee) and Lines 189 to 375 (Community Centre Room Rental rates), relative to Clause 10 of the report, be dealt with separately. Councillor Gazzola stated that while there is merit in staff's intent, he could not support the community room rental rate increases as they are substantial and it was his opinion now was not an appropriate time to do so given the current economic climate. Councillor K. Galloway stated that it was her understanding the fees for community centre room rentals would apply primarily to new users and staff would work with current users to mitigate instances where there may be difficulty in meeting the increased rates. Councillor B. Vrbanovic questioned how this would be implemented as he too had concerns with the level of increases and was unclear as to whether the intent was to grandfather existing groups or have some mechanism for staff to have latitude in how the rates will be applied. Ms. P. Houston responded that she anticipated staff would work with each group to develop a timeline for phase-in of the new rates to existing groups, recognizing that there may be differences in the level of what some groups may be able to afford. Mayor Zehr commented that it appears there are two different thoughts on the subject, being: working with existing user groups to phase-in rates over time; or grandfathering current users at the marginal increase of 5.2% in 2010 and developing a plan for years 2011 and beyond. At the request of Councillor J. Gazzola, it was agreed that the Community Centre Room Rental rates in excess of 5.2% over 2009 rates, listed in Lines 189 to 375 of the 2010 Comprehensive Fees, relative to Clause 10 of the report, be deferred to the November 23, 2009 Council meeting pending clarification as to how the rates will be applied to existing user groups. Councillor Gazzola commented that he would support the remainder of fees and charges for 2010 as they are user fees and the user has the option to participate or not; however, he advised that he remains concerned as to the impact of the proposed Harmonized Sales Tax, which is to be implemented in July 2010. Councillor J. Gazzola requested that Clauses 11 to 19 of the report, dealing with capital project referrals to the 2010-2019 capital forecast, be voted on collectively. He advised that he would be supporting these items at this time only as they are still subject to final budget approval and suggested that this is not the year to be adding as many new items as are proposed. COUNCIL MINUTES NOVEMBER 2, 2009 - 295 - CITY OF KITCHENER Mayor C. Zehr referred to Clause 15 of the report, dealing with Community Services capital project referrals to the 2010-2019 capital forecast for the Parks Master Plan Recommendations and the Williamsburg Cemetery Phase II and Mausoleum. He advised that presentations had been made to the October 26 Community Services Committee on these two items and it would be in order to now consider their inclusion in the capital forecast. Accordingly, it was agreed to amend Clause 15 by removing reference to a deferral and to provide that the two items be included in the 2010-2019 capital forecast for purpose of capital budget deliberations. Councillor J. Gazzola referred to Clause 2 of the Finance and Corporate Services Committee report, dealing with an amendment to Council Policy I-05 (Code of Conduct) to remove reference to Kitchener Housing Inc. from Part 1 (Definitions -Local Board). He requested clarification of the intent of the amendment. Mr. R. Gosse advised that the Social Housing Reform Act stipulates that the service manager has carriage of the administrative functions of a local Housing Board and in Kitchener Housing's case, the service manager is the Region of Waterloo. Accordingly, Kitchener has no jurisdiction to include Kitchener Housing in its Code of Conduct and the request to remove them is simply a technical matter to comply with legislation governing the Housing Board. Mr. Gosse added that the Region of Waterloo and / or Kitchener Housing Inc. does have the right to compose their own Code of Conduct. Mayor C. Zehr commented that it was unfortunate that from this and subsequent media attention, it was derived that Kitchener Housing only has closed meetings. He advised that the Board's meetings have been open since its establishment and only holds closed meetings under the same criteria as does City Council (i.e. labour relations, land negotiations and / or personal matters). He added that Kitchener Housing is currently updating a previously existing policy to ensure they remain compliant. The Finance and Corporate Services Committee report was then voted on Clause by Clause Clause 2 -Carried Unanimously. Clauses 5 & 7 -Dealt with under Delegations and Carried, as Amended. Clause 6 - Dealt with under Delegations and Carried. Clause 10 - voted on in separate parts as follows: a) Lines 1220, 1221, 1234 (Planning fees) and Lines 1352, 1370, 1381 (Engineering fees) -Deferred to the November 23, 2009 Council meeting pending further discussion with interested parties. b) Lines 189 to 375 (Community Centre Room Rental rates) -Deferred to the November 23, 2009 Council meeting pending clarification as to how the rates will be applied to existing user groups. c) Line 1513 (Utilities -Collections Notice Delivery Fee) -Carried. Motion -Carried, as Amended. Clauses 11 to 14 -Carried. Clause 15 -Carried, as Amended. Clauses 16 to 19 -Carried. Balance of report -Carried. COUNCIL MINUTES NOVEMBER 2, 2009 - 296 - CITY OF KITCHENER Pursuant to Chapter 25 (Council Procedure) of the City's Municipal Code, Councillor B. Vrbanovic gave notice at the September 21, 2009 Council meeting that he would introduce a motion for consideration dealing with the merits of introducing a registry of properties where a marijuana grow operation and/or clandestine lab has been present to ensure protection of all consumers. Councillor Vrbanovic advised that the Provincial Advisory Group (PAG) undertook to review this matter out of concerns raised by the Green Tide Action Group on the merits of a registry. The basis of the registry would be to ensure identification of a grow-op on title of the lands involved for the purpose of protecting all consumers, while recognizing the need for a mechanism that does not stigmatize owners of buildings that did not participate in illegal activities. PAG is asking the Minister of Community Safety and Correctional Services to undertake legislative consultations as to how to implement a process to require municipalities to register on the Land Titles System all activities ordered by the inspection process under Sec.447 of the Municipal Act, 2001. Mr. Raymond Massicotte attended in support of Councillor Vrbanovic's motion and to answer questions. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway "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." Carried Unanimously. Mayor C. Zehr advised that the GO Transit bus service into the Greater Toronto Area (GTA) commenced on Saturday, October 31, 2009 and Regional Council has also endorsed the Cambridge to GTA Rail Passenger Feasibility Study. Councillor J. Gazzola expressed surprise that the GO Transit bus service does not stop at the Sportsworld Crossing depot. Mayor Zehr advised that this is a private depot for Greyhound Bus Lines and as a matter of competing interests, GO Transit will not stop there. He suggested, however, that this may change in the fullness of time. At the request of Councillor C. Weylie, Mr. J. Willmer, Interim General Manager, Development & Technical Services, agreed to undertake discussions with area residents in her Ward experiencing problems with water from their sump pumps as it relates to pending infrastructure improvements. Council agreed to the request of Mr. R. Gosse, City Clerk, to add two additional by-laws for three readings this date being aCity-initiated zoning amending by-law for 617-621 King Street West, relative to Clause 1 of the Development & Technical Services Committee report and a by-law to effect 2010 Committee of Adjustment fees and charges, relative to Clause 10 of the Finance and Corporate Services Committee report. Moved by Councillor K. Galloway Seconded by Councillor C. Weylie "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. COUNCIL MINUTES NOVEMBER 2, 2009 - 297 - CITY OF KITCHENER (d) Being a by-law to amend Chapter 665 of The City of Kitchener Municipal Code with respect to Property Standards for Maintenance and Occupancy. (e) Being a by-law to assume certain lands within the City of Kitchener as a public highway. (f) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 8, Registered Plan 58-367 -Zeller Crescent. (g) Being a by-law to exempt certain lots from Part Lot Control -Lot 4, Registered Plan 58M- 430 -Iron Gate Street. (h) Being a by-law to close and convey part of the public highway known as Glasgow Street in the City of Kitchener (i) Being a by-law to assume certain lands within the City of Kitchener as a public highway. (j) To confirm all actions and proceedings of the Council (k) 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 - 617-621 King Street West. (I) Being a by-law to amend Chapter 375 of the City of Kitchener Municipal Code with respect to Tariff of Fees -Committee of Adjustment. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor K. Galloway as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor K. Galloway Seconded by Councillor C. Weylie "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 C. Weylie "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. 2009-139) (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. 2009-140) (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. 2009-141) COUNCIL MINUTES NOVEMBER 2, 2009 - 298 - CITY OF KITCHENER (d) Being a by-law to amend Chapter 665 of The City of Kitchener Municipal Code with respect to Property Standards for Maintenance and Occupancy. (By-law No. 2009-142) (e) Being a by-law to assume certain lands within the City of Kitchener as a public highway. (By-law No. 2009-143) (f) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 8, Registered Plan 58-367 -Zeller Crescent. (By-law No. 2009-144) (g) Being a by-law to exempt certain lots from Part Lot Control -Lot 4, Registered Plan 58M- 430 -Iron Gate Street. (By-law No. 2009-145) (h) Being a by-law to close and convey part of the public highway known as Glasgow Street in the City of Kitchener (By-law No. 2009-146) (i) Being a by-law to assume certain lands within the City of Kitchener as a public highway. (By-law No. 2009-147) (j) To confirm all actions and proceedings of the Council (By-law No. 2009-148) (k) 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 - 617-621 King Street West. (By-law No. 2009-149) (I) Being a by-law to amend Chapter 375 of the City of Kitchener Municipal Code with respect to Tariff of Fees -Committee of Adjustment. (By-law No. 2009-150) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:50 p. m. MAYOR CLERK COUNCIL MINUTES NOVEMBER 2, 2009 - 299 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That City-initiated Zone Change Application ZC 09/02/COK/HH as it applies to 617-621 King Street West being an amendment to Schedule 74 of Appendix A and section 395 of Appendix C of By-Law Number 85-1 for the purpose of changing the zoning from Commercial Residential CR-2 with Special Regulation Provision 131R to High Intensity Mixed Use Corridor MU-3 with Special Use Provision 395U and Holding Provision 56H, be approved, in the form shown in the "Proposed By-Law" dated October 1, 2009 attached as Appendix 'A' to Development and Technical Services Department report DTS-09-147, which form incorporates changes to the proposed By-law since the public meeting of September 14, 2009; and further, That pursuant to Section 34(17) of the Planning Act, R.S.O. 1990, c. P. 3, as amended, no further notice of the proposed By-law is required to be given. 2. That Demolition Control Application DC09/10/C/GS requesting permission to demolish one (1) single detached building located at 19 Charles Street East, owned by the Trustees of the International Gospel Centre, legally described as Plan 364 PT Lot 39, be refused; and further, That Demolition Control Application DC09/10/C/GS requesting permission to demolish one (1) single detached building located at 23 Charles Street East, owned by the Trustees of the International Gospel Centre, legally described as Plan 364 PT Lot 39, be refused. 3. That Development and Technical Services Department report DTS-09-157, concerning the Kitchener Growth Management Plan update on the Southwest Urban Area Studies and Fischer Hallman Corridor Secondary Plan Process, be received for information; and, That future updates on the Kitchener Growth Management Plan (KGMP) occur starting with a 2010 Monitoring Report and subsequent KGMP update; and, That future updates on the progress of studies in the Southwest Urban Area and Fischer Hallman Corridor occur at the end of Phases 2 and 4 of the studies, as outlined in the proposed work program attached to Report DTS-09-157; and further, That the City of Kitchener's commitment to processing amendments to the Official Plan to complete necessary studies and re-designate the west side lands to appropriate uses by June 2011 be re-affirmed and staff be directed to report back to the Development and Technical Services Committee should any issues arise that would impact the completion of this process within the specified timeframe. 4. That Demolition Control Application DC09/09/W/GS requesting permission to demolish one (1) single detached dwelling located at 108 Woolwich Street, owned by Honor Penelope Conrad, legally described as Tract German Company Pt Lot 60 be approved, without conditions. 5. That Development and Technical Services Department report DTS-09-158, providing an update on the Official Plan Review, be received for information. COMMUNITY SERVICES COMMITTEE - 1. That the Safe and Healthy Community Advisory Committee Work Plan (2009 / 2010), as attached to Community Services Department report CSD-09-061, be approved. 2. That the Kitchener/Waterloo Cemeteries Joint Services Initiatives Report, as presented by Hilton Landmarks Inc., be received; and, That staff of the cemetery unit continue to work with their City of Waterloo counterparts on the following initiatives: the potential development of a new jointly-operated cemetery, the integration of pricing, by-laws, record keeping, expand the joint marketing effort and join or delegate the operation of Mount Hope Cemetery; and further, COUNCIL MINUTES NOVEMBER 2, 2009 - 300 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) (Cont'd) That staff provide the Community Services Committee with annual status updates with respect to the joint cemetery initiatives. That the Williamsburg Cemetery Master Plan -Phase II report, prepared by Hilton Landmarks Inc., be received; and, That staff proceed with design work for Phase II development in 2010; and further, That staff investigate funding strategies for the land and mausoleum components of Phase II development at Williamsburg Cemetery. That the Parks Master Plan Update be received for information. FINANCE & CORPORATE SERVICES COMMITTEE - 1. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Bethany Evangelical Missionary Church for their annual Christmas Pageant from December 3 to December 6, 2009, between the hours of 6:00 P. M. and 9:00 P. M., daily. 2. That Council Policy I-05 (Code of Conduct for Members of Council, Local Boards and Advisory Committees) be amended by removing Kitchener Housing Inc. under Part 1 Definitions "Local Board". (Carried Unanimously) 3. That the contract for the CIS consultant (John Little) be extended by six months to the end of June, 2010; and further, That the cost of this extension be funded through the capital budget for CIS (tax /utility billing system). 4. That the lands located on Pine Street, in the City of Kitchener, owned by the Corporation of the City of Kitchener, described as Part 3 of Registered Plan 58R-5120, be declared surplus to the City's needs and sold to the Estate of Peggy Yurkiw, the owner of the abutting property at 51 Pine Street; and, That the City of Kitchener enter into an Agreement of Purchase and Sale with the Estate of Peggy Yurkiw, the owner of 51 Pine Street, for the conveyance of Part 3, Plan 58R-5120 for a price of $30,774. plus reimbursement of the City's incidental costs pertaining to this transaction, said agreement to be satisfactory to the City Solicitor; and further, That the Mayor and Clerk be authorized to execute all documentation, satisfactory to the City Solicitor, to convey Part 3, Plan 58R-5120 to the Estate of Peggy Yurkiw, the owner of 51 Pine Street. That subject to final 2010 budget approval and receipt of background and financial history of the organization, an annual operating grant for the Greater Kitchener Waterloo Chamber of Commerce Health Care Recruitment Council as the final year of the annual grant commitment of $20,000. for the years 2006-2010, as outlined in Chief Administrator's Office report CAO-09- 046, be approved for 2010. (Dealt with under Delegations and Carried, as Amended) COUNCIL MINUTES NOVEMBER 2, 2009 - 301 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE & CORPORATE SERVICES COMMITTEE - (CONT'D) That subject to final 2010 budget approval and receipt of background and financial history of the organization, an annual operating grant for Canada's Technology Triangle in the amount of $149,000., as outlined in Chief Administrator's Office report CAO-09-046, be approved for 2010. (Dealt with under Delegations and Carried) That save and except the Greater Kitchener Waterloo Chamber of Commerce Health Care Recruitment Council and Canada's Technology Triangle, the balance of the Economic Development annual operating grants, as outlined in Chief Administrator's Office reports CAO- 09-046 and CAO-09-050, be approved as follows: That subject to final 2010 budget approval, the 2010 Economic Development Grant be approved for the Business & Education Partnership of Waterloo Region in the amount of $5,306., which includes a 2% increase over the 2009 grant of $5,202.; and, That subject to final 2010 budget approval, the 2010 Economic Development Grant be approved for Junior Achievement of Waterloo Region Inc. in the amount of $5,202., which includes a 2% increase over the 2009 grant of $5,100.; and, That subject to final 2010 budget approval, the 2010 Economic Development Grant be approved for Skills Canada -Ontario in the amount of $5,306., which includes a 2% increase over the 2009 grant of $5,202; and further, That subject to final 2010 budget approval, the 2010 Economic Development Grant be approved for the Waterloo Region Small Business Centre in the amount of $75,000. which does not include an increase over the 2009 grant. (Dealt with under Delegations and Carried, as Amended) That the City of Kitchener Development Charges Credit/Refund Agreement Policy, as attached to Financial Services Department report FIN-09-120, be approved. That the following recommendation contained in Corporate Services Department report CRPS- 09-123 (Terms of Reference -Nominating Committee), be deferred for further consideration to a future meeting of the Finance and Corporate Services Committee, pending responses from various organizations as to their interest in representation on the Nominating Committee: "That the Terms of Reference for the Nominating Committee, as attached to Corporate Services Department report CRPS-09-123, be approved." 10. That the proposed fees and charges contained in the 2010 Comprehensive Fee Review, as attached to Financial Services Department report FIN-09-138 and as amended to include an annual fee for Encroachment Agreements under Corporate Services -Legal, be approved, save and except the following fees and charges which are deferred for consideration to the November 23, 2009 Council meeting to permit additional discussion between City staff and stakeholders: Planning: Line 1220 - Official Plan Amendment pre-submission consultation - $500.; Line 1221 - Official Plan Amendment / Zone Change pre-submission consultation - $750.; Line 1234 - Subdivision pre-submission consultation - $1,000.; Engineering: Line 1352 - Review of Site Development Works Drawings - 5% of cost estimate; Line 1370 - Site Plan pre-submission consultation - $700.; COUNCIL MINUTES NOVEMBER 2, 2009 - 302 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE & CORPORATE SERVICES COMMITTEE - (CONT'D) 10. (Cont'd) Line 1381 - Engineering Administration fee - 5% of construction costs Community Programs & Lines 189 to 375 inclusive -Community Centre room rental rates in excess of Services: 5.2% over 2009 rates; and, That the Manager of Cemeteries be directed to forward the Cemetery Tariff of Fees and Charges to the Ministry of Government Services -Cemeteries Regulation Unit for filing; and, That staff be authorized to amend the user fees as necessary to reflect the new Harmonized Sales Tax which is expected to come in effect as of July 1, 2010, as per Provincial Legislation; and further, That Legal Services staff be directed to prepare the necessary by-laws to amend The City of Kitchener Municipal Code Chapters for fees and charges pertaining to licensing, planning applications, and Committee of Adjustment applications. (Carried, as Amended) 11. That subject to final 2010 budget approval, the City's annual general provision for Centre in the Square capital projects be increased from the current level of $124,000. per year to $248,000. per year, indexed for inflation across the ten-year capital forecast, as outlined in Financial Services Department report FIN-09-132. 12. That the following capital projects be included in the 2010-2019 capital forecast for consideration by the Finance and Corporate Services Committee as part of the 2010 budget deliberations, as outlined in Financial Services Department report FIN-09-135: Financial Planning Long Term F inancial Plan $ 150, 000 2010 Revenue Itron Project $ 150, 000 2010 Utilities -Water Replacement Water meters $ 232, 000 2010 $ 115, 000 2011 $ 118, 000 2012 $ 120, 000 2013 $ 122, 000 2014 $ 126, 000 2015 $ 128, 000 2016 $ 130, 000 2017 $ 134, 000 2018 $ 136, 000 2019 Victoria Sout h Water Main $ 400, 000 2010 Breithaupt W ater Quality $ 125, 000 2010 Lead Service Replacements $ 48, 000 2010 $ 50, 000 2011 $ 51,000 2012 COUNCIL MINUTES NOVEMBER 2, 2009 - 303 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE & CORPORATE SERVICES COMMITTEE - (CONT'D) 12. (Cont'd) Utilities -Gas Uncommitted Gas Mains $ 100, 000 2010 $ 102, 000 2011 $ 104, 000 2012 New Large Meter Installs $ 100, 000 2010 Vanier Regulator Station Upgrade $ 100, 000 2010 Large Stat Meter Installs $ 100, 000 2010 I nfrastrucfi $ 300, 000 $ 300, 000 $ 300, 000 $ 300, 000 $ 300, 000 $ 300, 000 $ 300, 000 $ 300, 000 are Replacement Provision 2012 2013 2014 2015 2016 2017 2018 2019 Regulator Pit Remediation $ 300, 000 2010 Replacement Gas Meters $ 205, 000 2010 $ 208, 000 2011 $ 217, 000 2012 $ 220, 000 2013 $ 223, 000 2014 $ 227, 000 2015 $ 234, 000 2016 $ 236, 000 2017 $ 243, 000 2018 $ 244, 000 2019. 13. That the following capital project be included in the 2010-2019 capital forecast for consideration by the Finance and Corporate Services Committee as part of the 2010 budget deliberations, as outlined in Chief Administrator's Office report CAO-09-044: Brownfield TIG - Elmsdale Lands $174,062 -Years: 2013, 2014, 2015, 2016 $153,198 -Years: 2017. 14. That the following capital projects be included in the 2010-2019 capital forecast for consideration by the Finance and Corporate Services Committee as part of the 2010 budget deliberations, as outlined in Corporate Services Department report CRPS-09-124: Protect Name AMANDA System Charles & Benton Parking Garage Maintenance Sportsworld Crossing Maintenance Increase in Size of Council Protect Cost $ 346, 000. $206, 000. $387,000 $ 99, 000 Protect Year 2010-2013 2012-2019 2011-2019 2011-2019. COUNCIL MINUTES NOVEMBER 2, 2009 - 304 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE & CORPORATE SERVICES COMMITTEE - (CONT'D) 15. That the following capital projects be included in the 2010-2019 capital forecast for consideration by the Finance and Corporate Services Committee as part of the 2010 budget deliberations, as outlined in Community Services Department report CSD-09-056: Capital Protect 1. Parks Master Plan Recommendations 3.1 Community Trails 3.2 Environment/Naturalization 3.3 General Park Development 3.4 General Park Rehabilitation 3.5 Sportsfield Synthetic Turf Conversions 2. Williamsburg Cemetery Phase II and Mausoleum Amount Year $1,160,000. 2011-2019 $ 800, 000. 2014-2019 $1, 215, 000. 2011-2019 $1, 000, 000. 2013-2019 $1,299, 000. 2019 $4, 957, 000. 2010-2019 (Carried, as Amended) 16. That the following capital projects be included in the 2010-2019 capital forecast for consideration by the Finance and Corporate Services Committee as part of the 2010 budget deliberations, as outlined in Community Services Department report CSD-09-056: Cap ital Protect Amount Year 1. Bridgeport Community Centre $351,000. 2010 2. McLennan Park (timing change) $0. 2010-2015 3. Sportsworld Crossing Twin Pad $300,000. 2010 Improvements 17. That the infrastructure capital projects and programs listed in Table 1 below, be included in the 2010-2019 capital forecast for consideration by the Finance and Corporate Services Committee as part of the 2010 budget deliberations, as outlined in Development and Technical Services Department report DTS-09-162: Table 1 -2009 Capital Infrastructure Project Fundina Reauest ALPINE -HOMER WATSON WALKWAY RES-FEDGAS 126 EDGEHILL /BAXTER STORM OUTLET C/C 100 FREDERICK ST-EAST TO BRUCE C/C 218 FREDERICK ST-EAST TO BRUCE ENT-SAN 534 LIMERICK DR DRAINAGE IMPROVEMENTS C/C 150 OTTO ST - FREDERICK TO END RES-FEDGAS 581 25 STRASBURG RD WALKWAY-CEDARHILL RES-FEDGAS 90 WARDS POND &STRASBURG CREEK C/C 1100 WOOLWICH ST-BRIDGESTTO ENT-WAT 200 WAT' LOO WOOLWICH ST- BRIDGESTTO WAT'LOO RES-FEDGAS 14 167 40 CHARLES & BENTON GARAGE MONITORING C/C 33 35 CIVIC DISTRICT GARAGE MONITORING C/C 35 CIVIC DISTRICT PARKING GARAGE ENT-DEB 2195 CIVIC DISTRICT PARKING GARAGE OTHER 11500 DRAINAGE IMPROVEMENT PROGRAM C/C 50 50 50 50 50 50 50 50 50 50 HURON RD WATERMAIN -EAST OF FISCHER-HALLMAN DC 362 HURON RD WATERMAIN - WEST OF FISCHER-HALLMAN DC 757 OVERLAND DR -BRIDGE REHABILITATION RES-FEDGAS 726 COUNCIL MINUTES NOVEMBER 2, 2009 - 305 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE & CORPORATE SERVICES COMMITTEE - (CONT'D) 17. (Cont'd) Table 1 -2009 Capital Infrastructure Project Fundina Reauest ICont'dl PROJECT MANAGEMENT INITIATIVE PROJECT MANAGEMENT INITIATIVE PROJECT MANAGEMENT INITIATIVE DC ENT-SAN ENT-WAT 30 30 30 SHIRK PLACE BRIDGE REHABILITATION RES-FEDGAS 250 SOUTHWEST KITCHENER TRANSPORTATION STUDY DC 153 STIRLING AVE BRIDGE REHABILITATION AT G,E.X.R OVERPASS C/C 400 STORM WATER MANAGEMENT MAINTENANCE PROGRAM C/C 205 211 216 221 226 231 236 241 245 SWM POND RETROFIT PROGRAM C/C 1100 1130 1159 1187 1215 SWM UTILITY IMPLEMENTATION PLAN C/C 80 SUMP PUMP CONNECTIONS ENT-SAN 180 184 187 191 195 199 203 207 211 215 TRANSPORTATION MASTER PLAN DC 366 SCHNEIDER CREEK BRIDGE (AT WABANAKI RES-FEDGAS 380 WATERCOURSE IMPROVEMENT PROGRAM C/C 625 681 736 789 840 18. That $20,000 every five years, starting 2011, for the Fire Department Accreditation Program, and $1,040,000 for the costs for new self contained breathing apparatus, be included in the 2010-2019 capital forecast for consideration by the Finance and Corporate Services Committee as part of the 2010 budget deliberations, as outlined in Development and Technical Services Department report DTS-09-162. 19. That the following capital projects be included in the 2010-2019 capital forecast for consideration by the Finance and Corporate Services Committee as part of the 2010 budget deliberations, as outlined in Kitchener Public Library report (S. Lewis), dated October 16, 2009: Radio Frequency Technology $450,000 2019 Library Automation System Replacement $200,000 2019; and further, That $100,000 from Kitchener Public Library's contributions to the City's telephone reserve be allocated to the library in 2010 for telephone system replacement. COUNCIL MINUTES NOVEMBER 2, 2009 - 306 - 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. Dog Designation Appeal Committee Decision Council considered Corporate Services Department report CRPS-09-140 (C., Goodeve), dated October 13, 2009. It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by William Jack Simpson, wherein the Committee rescinds the Prohibited Dog Designation assigned to his dog 'Charly' by the Kitchener-Waterloo and North Waterloo Humane Society, be ratified and confirmed." 3. Committee of Adjustment Decisions Council considered Corporate Services Department report CRPS-09-145 (D. Gilchrist), dated October 22, 2009. It is noted that the recommendation regarding Submission SG 2009-004 (2225 Kingsway Drive) was dealt with under Delegations. It was resolved: "That the application of 1502134 Ontario Ltd. (SG 2009-003 - 1500 Weber Street East) requesting permission to have a continuous fascia sign box on the southerly elevation of the building, such that there will be no spaces between fascia signs; whereas the Sign By-law requires a space of 0.3m (1') between fascia signs, on Lots 143 & 144, Part Lots 142 & 145, Lots 153 - 158, Plan 308, being Part 2, Reference Plan 58R-3270, 1500 Weber Street East, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall obtain sign permits from the City of Kitchener for the existing signs." 4. Authorization for Execution of License Agreement with The INCC Corp. -Lands Described as Parts 12, 13, 15, 16 & 17 on Plan 58R-16652 Council considered this date Corporate Services Department report CRPS-09-146 (L. MacDonald), dated November 2, 2009. It was resolved: "That the Mayor and Clerk be authorized to execute a License Agreement with The INCC Corp., for the use of the lands described as Part of Lot 39, German Company Tract being Parts 12, 13, 15, 16, and 17 on Reference Plan 58R-16652 for the purpose of a parking lot, landscaped areas, access to adjoining lands and other similar or collateral uses in conjunction with The INCC Corp.'s operation of adjoining lands as a commercial and retail operation; said agreement to be to the satisfaction of the City Solicitor." COUNCIL MINUTES NOVEMBER 2, 2009 - 307 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Compass Kitchener -Fall All-Committee Gathering Update Council considered this date Chief Administrator's Office report CAO-09-051 (S. Adams), dated October 29, 2009. It was resolved: "That Chief Administrator's Office report CAO-09-051 (Compass Kitchener's Fall All- Committee Gathering Update), dated October 29, 2009, be received as information."