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HomeMy WebLinkAboutCouncil - 2009-11-23 COUNCIL MINUTES NOVEMBER 23, 2009 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of “O Canada” by Sarah Stein, King School of Vocal. On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held November 2, 2009 and special meetings held November 2 & 16, 2009, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE – NIL Council considered Development & Technical Services Department report DTS-09-174 (A. Pinard), dated November 18, 2009, concerning Clause 6 of the Committee report, dealing with a request from David Bradshaw for a reduction / exemption to the fees and charges associated with the conversion of the existing ground floor convenience store to a third dwelling unit at 116 Cameron Street North. Mr. D. Bradshaw addressed Council requesting that the assessed Parkland Dedication and Stormwater Management (SWM) fees as well as the costs related to the construction of a curb for a redundant driveway be waived to enable him to move forward with his project. Mr. A. Pinard, Interim Director of Planning, advised that the outstanding fees related to Mr. Bradshaw’s redevelopment project are either outside of the City’s control or are prescribed by various Council policies or by-laws. A motion by Councillor J. Smola, seconded by Councillor G. Lorentz, was brought forward for consideration to waive the fees as requested by Mr. Bradshaw and for the City to install the curb for the redundant driveway at 116 Cameron Street North. Mr. J. Willmer, Interim General Manager of Development & Technical Services, suggested that prior to rendering a decision on this matter, Council may wish to consult the City Solicitor as the proposed fee exemption may constitute bonusing under the Municipal Act. Council agreed to set this matter aside to allow an opportunity to receive advice from the City Solicitor. Mr. Scott Ritchie, MHBC Planning Ltd., was in attendance in support of Clause 5 of the Development & Technical Services Committee report, concerning Zone Change Application ZC08/32/R/AP to facilitate the proposed construction of an eight-storey apartment building at 5 Rittenhouse Road. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola “That Clause 5 of the Development & Technical Services Committee report of this date be adopted.” Councillor K. Galloway advised that she would not support the motion given the objections raised by area residents regarding the impact that the proposed apartment building may have on their homes. Mayor C. Zehr asked if there was anyone in attendance that wished to speak to this issue and seeing none he called the question. Carried. Councillor Weylie’s motion was then voted on and Ms. P. Houston, General Manager of Community Services, provided an overview of Clause 3 of the Community Services Committee report regarding the 2010 grant funding for the Social Planning Council of Kitchener-Waterloo (SPCKW). She advised that at Council’s direction, a value for money audit was conducted on SPCKW and determined that some of the services provided by SPCKW did not align with the City’s Community Investment Strategy (CIS). Accordingly, it has been recommended that SPCKW receive a total grant of $69,000. in 2010, reducing the SPCKW grant by $17,000. compared to their 2008 grant amount. SPCKW has requested that additional grant funding in the amount of $19,000. be provided in 2010 to support their ongoing community engagement activities. However, given the work staff has already planned to undertake to receive input from the community regarding local priorities, it was determined that additional external third party input on community engagement was not needed at this time. Ms. Houston noted that if in the future the City COUNCIL MINUTES NOVEMBER 23, 2009 318CITY OF KITCHENER - - sought to contract its community engagement activities, it could look to SPCKW to provide those services. Mr. Brad Ullner, SPCKW Board of Directors, addressed Council in opposition to the recommendation outlined in Clause 3 of the Community Services Committee report. He commented on the importance of SPCKW’s community engagement activities, noting that they provide an independent community- based forum for people to have input on local issues. He stated that while the work undertaken by City staff has value, it is not sufficient to address all of the issues facing this community. Ms. Rittel Diaz spoke to Council on the services provided by SPCKW to individuals who are struggling to find community resources and groups needing a place to meet to discuss local issues. She stated that SPCKW provides these kinds of opportunities to the public and requested that the City continue to support their community engagement activities. Mr. Jeffrey Beckner provided Council with information he collected regarding the City’s Strategic Plan, CIS and Healthy Communities Plan, which he stated align with the community engagement activities of SPCKW. He questioned the findings of the value for money audit and noted that the City’s own policies highlight the value of SPCKW’s community engagement activities. He stated that both City staff and SPCKW undertake community engagement, but in different ways, and requested that Council continue to support the work of SPCKW. In response to questions, Mr. Beckner advised that, in his opinion, the work undertaken by SPCKW should not be considered social services. He commented that the community engagement carried out by SPCKW is more grass roots in nature, compared to that of City staff. He stated that given the means by which SPCKW is able to reach persons who are not normally engaged, the City would receive significant value by providing the requested $19,000. Ms. Melanie Hogg addressed Council and commented that in her opinion SPCKW is not a social agency, but rather a non-profit agency that supports and engages citizens. She suggested that the work of SPCKW goes beyond that of Compass Kitchener or the surveys undertaken by the Environics Research Group, as they engage the community at a grass roots level. She then spoke in support of the comments made by Mr. Beckner regarding the value the City could gain by approving the requested $19,000. Ms. Denise Carter addressed Council on behalf of her husband Len Carter who is the President of the Waterloo Region Labour Council. She stated that SPCKW offers a voice to those who are unable to speak for themselves, adding that a reduction to their funding would be a disservice to the community. Mr. Winston Tinglin, Director of Community Engagement, Toronto Social Planning Council, advised that for over 15 years he worked as a senior manager for the Provincial Government overseeing the provision of social services as well as sitting on the Board of the Ontario Trillium Foundation. He added that based on his experience he does not see the need for Council to choose between the services provided by staff and those of SPCKW. He stated that engagement is not just a matter of gathering input from the community, it is also about giving people a sense of involvement and participation. He commented that, in his opinion, community engagement is a core municipal service as it underlines the two keys parts of a healthy community, being: active citizenry and strong community infrastructure. Mr. Tinglin pointed out that SPCKW fulfills the role needed to foster the latter as it provides a vehicle to encourage community conversations and participation. He added that Kitchener needs SPCKW to play this role which is complementary to the type of community engagement undertaken by City staff. He suggested that Council should not try to choose between the two as both are needed. In response to questions, Mr. Tinglin advised that Toronto’s SPC undertakes work on a variety of issues, including: poverty reduction; school space; and, consultation to develop a funding strategy for the various agencies across the City. He added that Toronto’s SPC also assists City staff with their community engagement efforts. He suggested that no matter how good City staff may be at engaging the community, they would always be viewed as representing the government; however, a group, such as SPCKW is viewed differently and some people may feel more comfortable speaking to them. He noted that Kitchener should draw upon these linkages and the relationships built by SPCKW to enhance the work of staff. In response to questions regarding the funding provided by the City of Toronto to its SPC, Mr. Tinglin stated that this funding is broken into three separate streams and estimated that each stream receives approximately $50,000. He noted that the United Way of COUNCIL MINUTES NOVEMBER 23, 2009 319CITY OF KITCHENER - - Toronto also contributes to their budget, with additional funding provided by other organizations on a project-by-project basis. Mr. Peter Clutterbuck, Co-ordinator, Social Planning Network of Ontario (SPNO), stated that SPNO is an umbrella organization representing the 19 local social planning councils across the Province. He expressed concern that SPCKW’s role in community engagement may no longer be supported and urged Council to approve the additional grant funding of $19,000. Ms. Brenda Northey, President, Integrated Outcomes, advised that she had been hired by SPCKW to demonstrate to Council the value this organization provides to the community. She questioned why the City was duplicating the services of this organization, noting that SPCKW is very effective at providing community engagement at a significantly lower cost. She stated that the City should continue to support SPCKW as it provides an independent avenue for community engagement. In response to questions, Ms. Northey confirmed that she was paid $1,000. to review and present the value that SPCKW provides to Kitchener residents. Ms. Chris Varga encouraged Council to continue its support of SPCKW’s community engagement activities by approving the request for an additional grant of $19,000. Ms. Trudy Beaulne and Mr. Nathan Pike, SPCKW, provided Council with an information package entitled ‘Community Support for Social Planning Council KW’, dated November 23, 2009, which contained correspondence from members of the public and other agencies indicating their support for the work conducted by SPCKW. Mr. Pike commented that SPCKW’s work concerning 211 Ontario is being undertaken as part of their community information development, but was not the sole focus of that work. Accordingly, he requested that the wording of Paragraph 1 of Clause 3 of the Community Services Committee report be amended to reference updating technical systems, web development (e.g. specialized information portals), new resource and product development as well as professional development for staff and organization such as applying new sector standards which contribute to the development of community information in Ontario, including the 211 system. In addition, he requested that Council approve additional grant funding of $19,000. to support at least ten of SPCKW’s community engagement events. Councillor B. Vrbanovic asked that in light of the difficult economic times how Council could justify funding something that may not fall within its mandate. Ms. Beaulne suggested that community engagement was within the City’s mandate especially given the work undertaken by staff in this regard. She noted that while the Region of Waterloo provides SPCKW with funding, this is done on a project-by-project basis. Mr. Pike added that Council should view the requested funding as an investment in SPCKW to help build a collaborative community, which differs from the work being undertaken by City staff. Ms. Beaulne then provided an overview of how SPCKW anticipates using the requested $19,000., which includes: healthy community engagement; report on community priorities; work in relation to the Provincial Poverty Reduction initiative; hosting all-candidate meetings for the 2010 Municipal election and offering candidate training; continue to support the Accessibility for Ontarians with Disability (AODA) consultations; as well as providing support to the City’s Safe & Healthy Community Advisory Committee. She commented that SPCKW would be more than happy to meet with staff on a regular basis to review the outcomes of their work. Mr. Pike added that SPCKW would also be willing to report back to Council on a quarterly basis. Councillor Vrbanovic questioned what the impact would be if the City took a phased approach to reducing SPCKW’s grant to allow time for them to pursue alternative sources of funding. Mr. Pike advised that any form of de-funding would severely impact their ability to provide services to the community. Ms. Beaulne added that, in her opinion, the work undertaken by SPCKW should be considered a core municipal service and should be funded accordingly. Councillor K. Galloway requested clarification as to how SPCKW intends to engage all the City’s residents, similar to the work undertaken by City staff. Ms. Beaulne advised that SPCKW’s marketing ability is not able to match that of City staff and estimated that annually SPCKW engages approximately 1% of the community. She added that SPCKW maintains a database of information which it uses to connect to those members of society who would not normally be reached and agreed to let the City access SPCKW’s mailing lists. COUNCIL MINUTES NOVEMBER 23, 2009 320CITY OF KITCHENER - - Ms. Houston advised that staff have no concerns with amending Paragraph 1 of Clause 3 of the Community Services Committee report as proposed by Mr. Pike; but do not support their request for additional grant funding of $19,000. On motion by Councillor G. Lorentz, seconded by Councillor K. Galloway, Clause 3 of the Community Services Committee report of this date was brought forward for consideration, as amended to expand the wording of Paragraph 1 relating to SPCKW’s community information development work, as requested by Mr. Pike. Councillor Vrbanovic suggested that dialogue needs to take place on a regular basis between the City and SPCKW. He stated that in his opinion SPCKW undertakes valuable work and as a non- governmental organization is able to connect with people who would otherwise be disenfranchised. Accordingly, the City should continue to provide the same level of funding to SPCKW as it has done in the past. A motion by Councillor B. Vrbanovic, seconded by Councillor J. Gazzola, was brought forward to amend Councillor Lorentz’s motion to include a paragraph to approve additional grant funding to SPCKW in the amount of $19,000., with a condition that SPCKW report back quarterly to both City staff and Council. Councillor Galloway requested clarification regarding staff’s approach to community engagement. Ms. C. Ladd advised that approximately two years ago staff focused on how the City could enhance its community engagement activities which resulted in a framework being presented to Council that contained four different levels of engagement. The first being informing the public, which involves getting information out to the community on the decisions made by Council. The second level was consulting, which involves asking the public for input and feedback that would be considered as part of the City’s decision-making process. The third level was collaboration, which refers to building something and making decisions together. The last level is entrust, where the decision making is left in the hands of the residents with facilitation and support by the City. She advised that the City’s community engagement is not just about staff going out and asking for input and decisions are then made in isolation; rather it is a very broad spectrum of getting the community involved in decision making and local affairs. Regarding the references made to Compass Kitchener and the surveys undertaken by Environics Research Group, she noted that this was only one part of the City’s integral community engagement process. She noted that annually Compass Kitchener presents a Report Card to Council grading the City on its community engagement activities. To do this, Compass Kitchener undertakes discussions with residents and using an independently developed performance matrix, they validate the City’s community engagement process. Loston a Councillor Vrbanovic’s amendment to Councillor Lorentz’s motion was then voted on and recorded vote ,with Councillors B. Vrbanovic, G. Lorentz and J. Gazzola voting in favour and Mayor C. Zehr and Councillors C. Weylie, K. Galloway and J. Smola voting in opposition. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway “That Clause 3 of the Community Services Committee report of this date be adopted, as amended, to expand the wording of Paragraph 1 relating to SPCKW’s community information development work, as requested by Mr. Pike.” Carried Unanimously, on a recorded vote. In reference to the request of David Bradshaw discussed earlier this date, Ms. L. MacDonald, City Solicitor, advised that after reviewing this matter, she has determined that waiving the Parkland Dedication and SWM fees, as well as the City undertaking the construction of the curb, would constitute bonusing as prohibited by the Municipal Act. Ms. MacDonald suggested that if Council had any further questions regarding this matter that they be addressed in-camera. Moved by Councillor C. Weylie Seconded by Councillor K. Galloway “That an in-camera meeting of City Council be held immediately to consider a matter of solicitor-client privilege.” Carried. COUNCIL MINUTES NOVEMBER 23, 2009 321CITY OF KITCHENER - - Council then recessed at 9:55 p.m. into an in-camera session and re-convened at 10:04 p.m., chaired by Mayor C. Zehr and with all members present, except Councillor J. Gazzola who was in attendance for a portion of the remaining meeting. Councillor J. Smola advised that based on the advice received from the City Solicitor, he was withdrawing his motion regarding Mr. Bradshaw’s request. He suggested that staff may be able to further assist Mr. Bradshaw through the adaptive re-use component of the City’s Community Improvement Plan. Councillor Smola requested that staff include Council in any future correspondence to Mr. Bradshaw regarding this matter. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic “That Clause 6 of the Development & Technical Services Committee of this date, be adopted, as amended, to direct staff to investigate further assistance to Mr. David Bradshaw through the adaptive re-use component of the Community Improvement Program.” Carried. Councillor J. Gazzola re-entered the meeting. Mr. L. Gordon, Chief Purchasing Officer, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway “That Tender T09-085, Highway #8 (King Street Bypass) Sanitary Sewer Trenchless Marathon Drilling Co. Ltd., Greely, Ontario Installation, be awarded to at their tendered price of $275,152.50, including provisional items and contingencies of $35,300. 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 T09-099, Springdale Sanitary Sewer Construction (Springdale Drive to General Avertex Utility Solutions Inc., Orangeville, Ontario Place), be awarded to at their tendered price of $443,610.83, including provisional items and contingencies of $104,236. 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 T09-096 – One (1) 148 kw (198 net hp) Track Type Utility Tractor, complete to Toromont Cat, Cambridge, Ontario specification CKF-24-2009, be awarded to , at their tendered price of $297,154.92, including G.S.T. & P.S.T.” - and - “That Tender T09-084, Safety Supplies and Equipment, be awarded as follows: Fisher Scientific, Nepean, Ontario at their adjusted tendered price of $14,150.67, including G.S.T. & P.S.T. for hearing protection, safety glasses, safety masks & respirators and fall protection. McCordick Glove & Safety Inc., Cambridge, Ontario at their adjusted tendered price of $27,467.86, including G.S.T. & P.S.T. for safety headwear and traffic safety supplies. COUNCIL MINUTES NOVEMBER 23, 2009 322CITY OF KITCHENER - - William Knell & Company, Kitchener, Ontario at their adjusted tendered price of $13,870.80, including G.S.T. & P.S.T. for safety rainwear, spill containment, skin care and miscellaneous items. for one (1) year at a total award price of $55,489.33, with an option to renew for three (3) additional one-year periods.” Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola “That the report of the Development and Technical Services Committee be adopted.” Councillor J. Gazzola brought forward a motion to amend Clause 7 of the Committee report of this date concerning the disposition of certain City-owned lands to direct staff to prepare Official Plan Amendments to affect the designation of the subject properties as parkland and enact any zone changes necessary to apply ‘P’ zoning. The motion was not voted on as it failed to receive a seconder. Councillor G. Lorentz questioned why the City would retain the property located at South Drive and Glen Road as parkland, considering its potential value and close proximity to Lakeside Park. He suggested that rather than the City continuing to maintain this parcel of land, it would be preferable to offer it for sale. A motion by Councillor G. Lorentz, seconded by Councillor J. Smola, was brought forward to amend Clause 7 of the Committee report to exclude the South Drive / Glen Road property from the list of properties not being declared as surplus to the City’s needs. Several members spoke in opposition to Councillor Lorentz’s proposed amendment and it was suggested that consideration of this property as potentially being declared surplus to the City’s needs should be deferred to allow input to be received from area residents. Loston a Councillor Lorentz’s motion to amend Clause 7 of the Committee report was voted on and recorded vote , with Councillors C. Weylie, J. Smola and G. Lorentz voting in favour and Mayor C. Zehr and Councillors B. Vrbanovic, K. Galloway and J. Gazzola voting in opposition. Councillor J. Smola spoke to the property referred to as General Drive (559 Lancaster Street West), which is currently being used as a temporary park. He stated that the neighbouring residents are aware that this property is only being used as a park on a temporary basis and suggested that it should be excluded from the list of properties outlined in Clause 7. He added that as part of this property’s long term use, signage should be erected on the site to reflect that the park is temporary to avoid any false impressions if and when the site is ever redeveloped. A motion by Councillor Smola, seconded by Councillor G. Lorentz, was brought forward to amend Clause 7 to exclude the property referred to as General Drive, so as to enable it to continue to be used as a temporary parkette until such time as a permanent park has been provided at a more appropriate location. Mr. J. Willmer advised that the General Drive property is currently zoned C-2 and is located within an identified Mixed Use Corridor (MUC). He stated that excluding it from the list of subject properties would allow it to eventually be used as part of a street oriented mixed-use development when the Lancaster Village MUC is re-developed. He added that there are other properties in this area with little to no redevelopment potential which could be used as a site for a future permanent park. In response to questions regarding potential limitations to the timelines with which a parcel of land can be declared as surplus, Ms. MacDonald advised that currently the Municipal Act contains no restrictions in this regard; however, this section of the Act is frequently amended and there are no guarantees that the Province will not enact restrictions in the future. Councillor Smola’s motion to amend Clause 7 of the Development & Technical Services Committee Carriedon a recorded vote report was then voted on and , with Mayor C. Zehr and Councillors J. COUNCIL MINUTES NOVEMBER 23, 2009 323CITY OF KITCHENER - - Smola, G. Lorentz and C. Weylie voting in favour and Councillors B. Vrbanovic, J. Gazzola and K. Galloway voting in opposition. The Development & Technical Services Committee report was then voted on Clause by Clause. Dealt with under Delegations and Clause 5 – Carried. Dealt with under Delegations and Clause 6 – Carried, as Amended. Carried Unanimously, as Amended, on Clause 7 – a recorded vote. Carried. Balance of report – Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway “That the report of the Community Services Committee be adopted.” Councillor Lorentz referred to Community Services Department report CSD-09-070 (D. Chapman), which was circulated with the Council agenda and it was agreed to amend Paragraph 2 of Clause 4 of the Committee report of this date to further defer consideration of the request by the Rotary Club of Kitchener Grand River for a 2010 Tier 1 Grant to the December 14, 2009 Council meeting. Ms. Houston reviewed Report CSD-09-069 (I. Pregel) which was prepared pursuant to Paragraph 2 of Clause 2 of the Committee report. Accordingly, it was generally agreed that Paragraph 2 of Clause 2 would be removed as the condition had been satisfied. The Community Services Committee report was then voted on Clause by Clause. Carried, as Amended. Clause 2 – Dealt with under Delegations and Clause 3 – Carried, as Amended, on a recorded vote. Carried, as Amended. Clause 4 – Carried. Balance of report – Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola “That the report of the Finance and Corporate Services Committee be adopted.” Carried. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic “That the report of the Audit Committee be adopted.” Carried. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz “That the report of Heritage Kitchener be adopted.” Mayor Zehr noted that Clause 2 of the report was considered by Heritage Kitchener without a quorum in attendance. Carried. The Heritage Kitchener report was then voted on and COUNCIL MINUTES NOVEMBER 23, 2009 324CITY OF KITCHENER - - Mayor Zehr referenced an update on the Federation of Canadian Municipalities Board meeting which was circulated to all members for their information. Council agreed to the request of Mr. R. Gosse, City Clerk, to add two additional by-laws for three readings this date being: a zoning amending by-law for 5 Rittenhouse Road relative to Clause 5 of the Development & Technical Services Committee report and a by-law to affect the exemption from City taxation for properties owned or leased by Branch 50 and Polish Branch 412 of the Royal Canadian Legion, and the Army, Navy & Air Force Veterans Clubs in relation to Clause 3 of the Finance and Corporate Services Committee report. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway “That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (d) To further amend By-law No. 2007-138, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (e) Being a by-law to exempt certain lots from Part Lot Control – Part of Block 2, Registered Plan 58M-167 – Deer Ridge Court) (f) Being a by-law to exempt certain lots from Part Lot Control – Block 1, Registered Plan 58M-367 – Zeller Drive. (g) Being a by-law to exempt certain lots from Part Lot Control – Blocks 103 to 108 inclusive, Registered Plan 58M-474 – Countrystone Crescent. (h) Being a by-law to provide for the widening of part of Huron Road as a public highway in the City of Kitchener. (i) Being a by-law to amend Chapter 501 of the City of Kitchener Municipal Code with respect to Business Licence Fees. (j) Being a by-law to amend Chapter 502 of the City of Kitchener Municipal Code with respect to Adult Entertainment Parlours. (k) Being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs. (l) Being a by-law to amend Chapter 710 of the City of Kitchener Municipal Code with respect to Building Permits and Fees. (m) To confirm all actions and proceedings of the Council (n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law of the City of Kitchener – Tuerr Holdings Inc. – 5 Rittenhouse Road. (o) Being a by-law of the Corporation of the City of Kitchener to exempt Branch 50 and the Polish Branch 412 of the Royal Canadian Legion, and the Army, Navy and Air Force Veterans Club from the city portion of municipal property taxes. and that the same be taken as read a first time and stand referred to the Committee of the Whole.” Carried. COUNCIL MINUTES NOVEMBER 23, 2009 325CITY OF KITCHENER - - On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor B. Vrbanovic as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway “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 G. Lorentz Seconded by Councillor K. Galloway “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. 2009-151) (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. 2009-152) (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. 2009-153) (d) To further amend By-law No. 2007-138, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2009-154) (e) Being a by-law to exempt certain lots from Part Lot Control – Part of Block 2, Registered Plan 58M-167 – Deer Ridge Court) (By-law No. 2009-155) (f) Being a by-law to exempt certain lots from Part Lot Control – Block 1, Registered Plan 58M-367 – Zeller Drive. (By-law No. 2009-156) (g) Being a by-law to exempt certain lots from Part Lot Control – Blocks 103 to 108 inclusive, Registered Plan 58M-474 – Countrystone Crescent. (By-law No. 2009-157) (h) Being a by-law to provide for the widening of part of Huron Road as a public highway in the City of Kitchener. (By-law No. 2009-158) (i) Being a by-law to amend Chapter 501 of the City of Kitchener Municipal Code with respect to Business Licence Fees. (By-law No. 2009-159) COUNCIL MINUTES NOVEMBER 23, 2009 326CITY OF KITCHENER - - (j) Being a by-law to amend Chapter 502 of the City of Kitchener Municipal Code with respect to Adult Entertainment Parlours. (By-law No. 2009-160) (k) Being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs. (By-law No. 2009-161) (l) Being a by-law to amend Chapter 710 of the City of Kitchener Municipal Code with respect to Building Permits and Fees. (By-law No. 2009-162) (m) To confirm all actions and proceedings of the Council (By-law No. 2009-163) (n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law of the City of Kitchener – Tuerr Holdings Inc. – 5 Rittenhouse Road. (By-law No. 2009-164) (o) Being a by-law of the Corporation of the City of Kitchener to exempt Branch 50 and the Polish Branch 412 of the Royal Canadian Legion, and the Army, Navy and Air Force Veterans Club from the city portion of municipal property taxes. (By-law No. 2009-165) 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 NOVEMBER 23, 2009 327CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That the 2009 Community Environmental Improvement Grant (CEIG), to be funded from the Environmental Stewardship Capital Account, be awarded as follows: $2,000. to Courtland Shelley Community Centre - Recycle Project; $2,800. to Kitchener-Waterloo Collegiate & Vocational School - Park Restoration; $2,800. to The Green Rocket - Local: Kitchener; and, $3,000. to Queen Elizabeth Public School - Outdoor Learning Environment; and further, That the remaining $1,000. of the 2009 CEIG funds be used to assist with costs relating to the development of commemorative signage to be installed as part of the outdoor projects, identifying the City of Kitchener’s contribution through the Community Environmental Improvement Grant. 2. That the westbound “right turn lane only” regulation on Belmont Avenue at Glasgow Street be exempted to transit vehicles; and further, That the Uniform Traffic By-law be amended accordingly. 3. That on-street parking be prohibited at anytime on the south side of Heritage Drive between Lorraine Avenue and Indian Road; and, That on-street parking be permitted for three (3) consecutive hours on the north side of Heritage Drive between Lorraine Avenue and Indian Road; and, That stopping be prohibited Monday to Friday between the hours of 8:00 a.m. to 4:30 p.m. on the north side of Heritage Drive between Indian Road and the easterly intersection of Oakhurst Crescent; and further, That the Uniform Traffic By-law be amended accordingly. 4. That the Mayor and Clerk be authorized to execute the necessary documentation to effect the acquisition of a 6.0 metre wide easement across 36 Springdale Drive and 68 Lang Crescent, for the construction of the Springdale Sanitary Sewer, at a purchase price not to exceed $26,700. plus the cost of the reference plan and all the incidental costs associated with the transaction, with said easement to be described on the reference plan. 5. That Zone Change Application ZC08/32/R/AP for 5 Rittenhouse Road (Tuerr Holdings Inc.), for the purpose of changing the zoning from Community Shopping Centre Zone (C-3) to Residential Nine Zone (R-9) with Special Regulation Provision 505R and Holding Provision 59H on the parcel of land specified and illustrated as the Subject Area on Map No. 1, in the City of Kitchener, be approved in the form shown in the “Proposed By-law” dated October 16, 2009, attached to Development and Technical Services Department report DTS-09-142 as Appendix “A”, and further, That the Urban Design Brief, dated October 2009 prepared by MHBC Planning Ltd., for 5 Rittenhouse Road, attached to Report DTS-09-142 as Appendix “B”, be adopted. (Dealt with under Delegations and Carried) 6. That the request of David Bradshaw for a reduction / exemption to the fees and charges associated with the conversion of the existing ground floor convenience store to a third dwelling unit at 116 Cameron Street North, be denied; and further, That staff be directed to investigate the possibility of providing assistance to Mr. Bradshaw through the adaptive reuse component of the Community Improvement Program. (Dealt with under Delegations and Carried, as Amended) COUNCIL MINUTES NOVEMBER 23, 2009 328CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT’D) 7. That none of the City-owned lands listed as Priority ‘B’ or ‘C’ in Development and Technical Services Department report DTS-09-164, be declared as surplus to the City’s needs, save and except the property referred to in the report as General Drive (559 Lancaster Street West) which shall continue to be used as a temporary parkette until such time as a permanent park has been provided at a more appropriate location. (Carried Unanimously, as Amended, on a recorded vote) 8. That Demolition Control Application DC09/13/C/GS requesting permission to demolish one (1) single detached residential building located at 270 Claremont Avenue, owned by Anne Marie and John Gerard Kraemer, legally described as Plan 872 Lot 17, be approved, subject to the following conditions: 1) That the owner obtains a building permit for the proposed single detached dwelling; and further, That upon satisfaction of condition 1, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: That in the event that construction of the new dwelling is not substantially complete within 2-years of the date of issuance of the demolition permit, the Clerk may enter on the collector’s roll, to be collected in like manner as municipal taxes, $20,000. for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. 9. That the tender process for the purchase of a custom built aerial apparatus be waived to allow for the purchase of a comparable stock apparatus from a pre-qualified dealer at a cost between $950,000. to $1,060,000. COMMUNITY SERVICES COMMITTEE – 1. That the Williamsburg Community Association (WCA) be approved as an affiliated group with the City of Kitchener in accordance with the City’s Neighbourhood Association Affiliation policy; and further, That the Williamsburg Community Association be added as an insured group in the City’s third party liability insurance program. 2. That a Tier 3 grant (Community Services Innovation Investment Fund) in the amount of $10,000. be approve for the Waterloo Region Resiliency Initiative, from the 2009 Community Grants budget. (Carried, as Amended) 3. That the Social Planning Council of Kitchener-Waterloo (SPCKW) be notified that effective January 1, 2010 it will receive an annual grant in the amount of $69,000., composed of $43,000. to support the Community Information Service, $16,000. for updating technical systems, web development (e.g. specialized information portals), new resource and product development as well as professional development for staff and organization such as applying new sector standards which contribute to the development of community information in Ontario, including the 211 system, and $10,000. to support the operation of Festival of Neighbourhoods; and, That the $10,000. in funding provided to the Social Planning Council for their work with the Festival of Neighbourhoods will not affect the Tier 1 grant provided directly to the Festival of Neighbourhoods by the City of Kitchener; and, COUNCIL MINUTES NOVEMBER 23, 2009 329CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE – (CONT’D) 3. (Cont’d) That the City of Kitchener acknowledges its partnership with the Social Planning Council of Kitchener-Waterloo for Connect KW and directs staff to update the agreement relative to this partnership as previously approved by Council; and further, That staff work with the Social Planning Council of Kitchener-Waterloo to develop a two year Tier 1 Grant agreement. (Dealt with under Delegations and Carried Unanimously, as Amended, on a recorded vote) 4. That, subject to final 2010 budget approval, the 2010 budget for Community Grants Tiers 1, 2 and 3, in kind facility grants and travel assistance grants be set at $2,408,068, to be allocated as follows: That Community Grants Tier 1, in the amount of $1,495,402, as outlined in Community Services Department report CSD-09-064, be approved for community groups in 2010; except for the request of the Rotary Club of Kitchener Grand River for a 2010 Tier 1 Grant for in-kind deferred to the services in the amount of $7021 for the “Mudpuppy Chase”, which shall be Council meeting scheduled for Monday, December 14, 2009 pending a report from staff on the appropriate means of funding their request; and, the 2010 Tier 1 Grant for the Waterloo Regional Arts Council, which shall be deferred; and, That staff report to Council at a future meeting, on the funding targets for arts and culture and the creation of an “enabling organization” for the creative sector, as recommended by the Prosperity Council of Waterloo Region; and, That Community Grants Tier 1, in the amount of $716,416, as outlined in Community Services Department report CSD-09-064, be approved for minor sports organizations in 2010; and, That the budget for Community Grants Tier 2 be set at $178,808 in 2010; and, That the budget for Community Grants Tier 3 be set at $10,260 in 2010; and, That the budget for In Kind Facility Grants and Travel Assistance Grants be set at $7,182 in 2010; and further, That the General Manager of Community Services, or designate, be authorized to execute Tier 1 Community Grant Agreements, all such agreements to be subject to the satisfaction of the City Solicitor. (Carried, as Amended) 5. That the report titled “Industrial Artifacts Project Program Review” by Goldsmith Borgal and Company Limited, as attached to Community Services Department report CSD-09-059 be received; and, That staff investigate with the Regional Municipality of Waterloo, feasible options of merging the Industrial Artifacts Project with the Regional Heritage program; and, That staff consider how the investment made in the Industrial Artifacts Project by Kitchener taxpayers will be recognized; and further, That the results of such discussions be reported to Council within the next six months. 6. That Stefan Rose be appointed as the City of Kitchener Artist-in-Residence for 2010 and Sean Puckett be appointed as the City of Kitchener Artist-in-Residence for 2011; both as recommended by the Arts and Culture Advisory Committee and the Public Art Working Group. COUNCIL MINUTES NOVEMBER 23, 2009 330CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE & CORPORATE SERVICES COMMITTEE – 1. That the request of the Waterloo Arts Festival to hold bingo events in the City of Kitchener be approved, providing that the funds being raised are used for charitable purposes as mandated in the Provincial Regulations. 2. That the Mayor and Clerk be authorized to execute an Agreement with Her Majesty the Queen In Right of Canada, as represented by the Minister of Public Works and Government Services acting through the Canadian General Standards Board (CGSB) for the purpose of providing the City of Kitchener with an Accreditation to Operate the Municipal Drinking Water Systems. 3. That the City of Kitchener continue to exempt for City taxation, properties owned or leased by Legions and Veterans’ Service Clubs for a ten-year period ending December 31, 2019. 4. That Chief Administrator’s Office report CAO-09-055 be accepted as a five-year review of the Downtown Strategic Plan, Vol. III; and further, That the “2010 Downtown Themes and Actions” (Residents, Retail, Vitality and Infrastructure) be accepted as continued strategic direction supported by the Downtown Advisory Committee. 5. That the General Manager of Financial Services be authorized to deliver a letter to Infrastructure Ontario agreeing to subordinate the City of Kitchener’s interest in Kitchener- Wilmot Hydro Inc.’s debt to Infrastructure Ontario’s proposed smart meter program loan to Kitchener-Wilmot Hydro Inc., as outlined in Financial Services Department report FIN-09-150. 6. That the Status Report of the Waterloo Region Municipalities Insurance Pool and the Financial Statements of the Pool, as outlined in Financial Services Department report FIN-09-152, be received for information. 7. That the Accessibility Standards for Customer Service policy, attached to Community Services Department report CSD-09-065, be adopted; and further, That Council Policy I-330 (Animal in City Facilities) be amended to clarify and make consistent the definition of a service animal, as outlined in report CSD-09-065. 8. That staff be directed to submit application to the Southern Ontario Development Program (SODP) administered by Fed/Dev Ontario for the following projects: 1. The Waterloo Manufacturing Innovation Network (MIN); and, 2. Life Sciences Incubator and Commercialization Wet Lab Location Analysis and Conceptual Design. 9. That Licensing staff be directed to report to the January 11, 2010 Finance and Corporate Services Committee meeting on the issue of licensing motorized ice cream vendors and what would be required to amend the associated licensing by-law in support of this kind of commercial vehicle. AUDIT COMMITTEE – 1. That KPMG’s 2009 audit plan for the year ending December 31, 2009, be approved. HERITAGE KITCHENER – 1. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2009-V-013 (279 Queen Street South), be approved to permit the demolition of a five-bay parking garage in accordance with the information submitted with the application and subject to the following condition: COUNCIL MINUTES NOVEMBER 23, 2009 331CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER – (CONT’D) 1. (Cont’d) i. That photo documentation of the garage be undertaken in accordance with the City’s Photo Documentation and Recording Guidelines, and submitted to Heritage Planning staff prior to issuance of a building permit. 2. That the modified Municipal Heritage Register Four Step Listing Process outlined in Development Technical Services Department report DTS-09-160, be approved to allow Heritage Planning staff and/or members of Heritage Kitchener to complete Steps 1 and 2; and further, That Heritage Planning staff be directed to proceed with the Four Step Listing Process for those properties where sufficient historic documentation in the form of photographs and/or research is available to confirm the cultural heritage value or interest associated with the property. COUNCIL MINUTES NOVEMBER 23, 2009 332CITY OF KITCHENER - - COMMITTEE OF THE WHOLE ND A. BY-LAWS LISTED ON THE AGENDA – 2 READING – It was resolved: “That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment.” B. ADMINISTRATIVE REPORTS – 1.Various Tenders Dealt with under Delegations. 2.Green Municipal Fund Application Council considered Financial Services Department report FIN-09-169 (D. Chapman), dated November 17, 2009. It was resolved: “That staff be directed to submit an application for the Consolidated Maintenance Facility Project for consideration of a loan in the amount of $3,869,000 and a grant in the amount of $386,900 under the Green Municipal Fund; and further, That if the Consolidated Maintenance Facility Project application does qualify for funding under the Green Municipal Fund, debenture funding for the 2010 Capital Program be reduced by the amount of the loan.” 3.Amendment – 2010 Schedule of Fees and Charges Council considered Corporate Services Department report CRPS-09-150 (R. Gosse), dated November 18, 2009. It was resolved: “That the by-law to amend Chapter 501 (Business Licence Fees) of the City of Kitchener Municipal Code to implement the 2010 Licensing fees be changed for the Temporary Retail Market licence from $438. to $450.” 4. Sign Variance – 218 Bleams Road and 1188 Fischer Hallman Road Council considered Corporate Services Department report CRPS-09-149 (D. Gilchrist), dated November 17, 2009. It was resolved “That the application of The Trustees of the Kitchener Gospel Hall (SG 2009-005 – 218 Bleams Road) requesting permission to erect a ground sign, having automatic changing copy, to be located 8 m (26.24’) from the intersection of Bleams Road and Fallowfield Drive rather that the required 23 m (75.45’) and 110 m (360.89’) from the closest Residential Zone rather than the required 150 m (492.12’), on Part Lot 9, Plan 1482, BE APPROVED 218 Bleams Road, Kitchener, Ontario, .” - and - “That the application of Max Becker Enterprises Ltd. (SG 2009-006 – 1188 Fischer- Hallman Road) requesting permission for a fascia sign to extend 0.457 m (1.5’) above the top of the wall and roofline of the building; whereas, the Sign By-law does not permit fascia signs to extend above the roofline of the wall on which they are located, on Block BE 1, Registered Plan 58M-234, 1188 Fischer-Hallman Road, Kitchener, Ontario, APPROVED.” COUNCIL MINUTES NOVEMBER 23, 2009 333CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS – (CONT’D) 5.Proposed 2010 Engineering & Planning Fee Increases Council considered Development & Technical Services Department report DTS-09-173 (J. Willmer), dated November 20, 2009 circulated this date. It was resolved: “That the engineering administration fee for plans of subdivision (Line 1381 in Financial Services Department report FIN-09-138) be revised to 4.0% of construction costs; and further, That the other Planning and Engineering fees remain as proposed in Financial Services Department report FIN-09-138.” 6.Community Centre Room Fees Council considered Community Services Department report CSD-09-068 (M. Hildebrand), dated November 17, 2009. At the request of Councillor K. Galloway, Ms. P. Houston agreed to report back with an update on the impact of the community centre room rental rate increases. It was resolved: “That community centre room rental rate increases for those not-for-profit groups outlined in report CSD-09-068 be limited to 5.2% in 2010; and, That staff be directed to work with these not-for-profit groups to develop strategies to align them with the appropriate community centre room rental rates in the future; and, That staff implement the proposed community centre room rental rate increases found in the City of Kitchener’s comprehensive fee review (FIN-09-138) with those for-profit groups outlined in report CSD-09-068, and any new groups renting community centre facilities; and further, That staff be directed to work with the current for-profit businesses, outlined in report CSD-09-068, on strategies to bring their rental rates into alignment, if the proposed increases above 5.2% prove to be too burdensome to meet in 2010.” 7.Noise Exemption Request – Sandhills Public School Council considered Corporate Services Department report CRPS-09-148 (S. Turner), dated November 17, 2009. It was resolved: “That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Sandhills Public School for an Outdoor Seasonal Performance on December 10, 2009, between the hours of 6:30 and 7:30 p.m.” 8. Development Agreement – Centre Block Councillor B. Vrbanovic advised of an item arising from in-camera discussion this date regarding the Development Agreement for the Centre Block project. COUNCIL MINUTES NOVEMBER 23, 2009 334CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS – (CONT’D) 8. Development Agreement – Centre Block – (Cont’d) It was resolved: “That the Mayor and Clerk be authorized to execute an amendment to the Agreement of Purchase and Sale with Andrin Investments Limited to adjust the timing of the execution of the Development Agreement to December 18, 2009 to allow for staff to make a presentation to Council on December 14, 2009 and to make the appropriate adjustments to the timing of the execution of the Construction Agreement and Easement and Cost Sharing Agreement, said amendments to be satisfactory to the City Solicitor.