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HomeMy WebLinkAboutCouncil - 2010-02-22COUNCIL MINUTES FEBRUARY 22, 2010 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 Maya Deutschlander, King School of Vocal. On motion by Councillor G. Lorentz, the minutes of the regular meeting held February 1, 2010 and special meetings held February 1 & 8, 2010, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Anne Bilodeau and Brad Schlegel, Co-Chairs, Olympic Torch Community Task Force, attended to extend their appreciation to the City for its support of the Task Force and Torch Relay event. Ms. Bilodeau advised that all the goals set by the Task Force were achieved through the hard work of its volunteers and City staff and as a legacy, a donation has been made to the Athlete's Dream program offered through the Kitchener Sports Association. Mayor C. Zehr presented a commemorative plaque to the following members of the Olympic Torch Community Task Force in recognition of their involvement in the Torch Relay event: Andrea Bailey Alberto Knox Mary Bale Moni Lagonia Anne Bielawski Michele McBride-Roach Ann Bilodeau Robyn Norman Jane Black Lolita Paroski John Cooper Christina Restoule Darren Carey Brad Schlegel Don Chapman Kathryn Shantz Tom Clancy John Thompson Laura-Lee Dam Anne Urquhart Holly Duff Aubrey Walters Grant Egerdeen Alison Wasielewski Leslie Gallacher Jen Zunic Tom Galloway Waterloo Regional Police Superintendent Bryan Larkin Lee Ann Hundt Waterloo Regional Police Sergeant Matt Allen Solange Keller It was noted that Mr. Kurt Hansen had registered to speak in support of the Committee of Adjustment decision for his Fence Variance Application, Submission No. FN 2010-003 (1 Covington Crescent), listed as Item B.7 ii) on the Committee of the Whole agenda, but was unable to attend due to inclement weather. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That the application of Disa and Kurt Hansen (FN 2010-003 - 1 Covington Crescent) requesting legalization of an existing cedar rail fence having a height of 1.5m (5') located Om from the side lot line abutting Newbury Drive rather than the permitted 0.91 m (3') high fence, on Lot 163, Plan 1542, 1 Covington Crescent, Kitchener Ontario, be approved." Carried. Ms. Kathy Smith, applicant, attended in support of the Committee of Adjustment decision for her Fence Variance Application, Submission No. FN 2010-004 (271 Newbury Drive), listed as Item B.7 iii) on the Committee of the Whole agenda. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That the application of Glenn and Kathy Smith (FN 2010-004 - 271 Newbury Drive) requesting legalization of an existing 1.8m (5.9') high wooden fence set back 0.89m (2.91') from the side lot line abutting Newbury Drive rather than the required 1.5m (5'), on Lot 23, Plan 1701, 271 Newbury Drive, Kitchener Ontario, be approved, subject to the following condition: COUNCIL MINUTES FEBRUARY 22, 2010 - 47 - CITY OF KITCHENER 1. That by September 30, 2010, the owners shall install landscaping between the fence and their lot line along Newbury Drive, and the owners shall maintain this landscaping." Carried. Mr. Tim Kenyon, Chair, Cycling Advisory Committee, attended in support of Clause 3 of the Development and Technical Services Committee report of this date, dealing with a request to the Province of Ontario to continue the retail sales tax exemption on bicycle sales under $1,000. when the Harmonized Sales Tax (HST) is introduced; provincial funding be directed to municipal cycling infrastructure projects; Corporate tax concessions be considered for private sector companies that undertake cycling related capital investments; and to establish a Provincial Cycling Agency. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 3 of the Development & Technical Services Committee report of this date be adopted." Carried. Councillor B. Vrbanovic had given notice that he would introduce a motion this date concerning the proposed closing of the Rockway Seniors Centre, as listed under New Business, Item 8.a) of the Council agenda. The motion provides that the process concerning the closure be suspended; consultation continue with Neighbourhood Associations and older adult groups in regard to co- ordination and programming for all ages in City facilities; staff to report on short-term maintenance and capital requirement needs for operation of the Centre; and, a feasibility study and business case analysis to be undertaken, including public consultation, for the long term use of the Centre. Mr. Orville Thacker, President, and Ms. Joyce Cruickshank, Secretary, Waterloo Region Council of Union Retirees (WRCUR), attended in support of Councillor Vrbanovic's motion. Mr. Thacker suggested that the recommendation of staff to close the Centre and relocate the seniors to other centres was short sighted, stating that there is a substantial difference between Rockway as a dedicated seniors facility and that of activities in other community centres. Ms. Cruickshank read from a prepared statement on behalf of the WRCUR, as circulated to Council, expressing opposition to closing of the Centre and asking that Council show leadership in saving this facility. Ms. Elizabeth Leedham, Save Rockway Group, commented that the true worth of the Rockway Seniors Centre has not been recognized. She stated that seniors of all ages and abilities come to the Centre for company and support in anon-threatening environment and the social interaction provides stimulus to stay active and connected, enhancing their self-esteem. She added that there will be a greater percentage of seniors in future and asked that the City include their group in ongoing strategic planning for this facility, for which they envision continuation of a dedicated Centre for seniors. Councillor B. Vrbanovic questioned if the delegation was open to inter-generational programming at the Rockway Seniors Centre. Ms. Leedham stated that she believed there is room for all, especially if the Centre improvements include enlarging the facility, but that Rockway should continue to hold special value in maintaining dedicated space for seniors. Ms. Yvonne Fernandes, Mr. Joe Souliere and Ms. Ginnie Quinn, also spoke in support of the motion, commenting on the importance of collaborating with the seniors in regard to the long term plans for the Centre and in making the necessary improvements to the facility. On motion by Councillor B. Vrbanovic, seconded by Councillor G. Lorentz, the motion concerning the Rockway Seniors Centre was brought forward for consideration, as amended to provide that the word "suspended" in the 4th paragraph be changed to "terminated" and by adding the phrase "and participant involvement" in the last paragraph following the phrase "including public consultation". Councillor Vrbanovic commented that the proposed change in wording to "terminated" more clearly signifies that the issue of closure is off the table. He added that the motion while recognizing the importance of a dedicated facility to seniors also speaks to the need to grow inter-generational programming for an all engaging facility and addresses the need for short term improvements, as well as a long term plan for development of the facility into the future. He stated that this process has been valuable in bringing seniors viewpoints to the forefront and in raising awareness of the type of programming that is available to all seniors. He suggested that given the resolve to save the facility COUNCIL MINUTES FEBRUARY 22, 2010 - 48 - CITY OF KITCHENER and limited organizational resources, it was pointless to allow the level of stress and anxiety this has caused for many to continue until March. Councillor Vrbanovic acknowledged that notwithstanding the proposal to close the Centre, City staff is and remains committed to providing good quality service to seniors and the recommendation they had brought forward was based on the best research available. Councillor G. Lorentz agreed that staff did what is expected of them in their administrative roles but suggested that the process could have been improved by having more initial consultation with the seniors groups. Councillor J. Gazzola advised that he would like the report on the facility maintenance to include information on past decisions that allowed it to reach its current state and future requirements concerning the maintenance of the Centre. Councillor B. Vrbanovic suggested that the phrase "and future maintenance" be added in the 6th paragraph following the phrase "and / or capital requirements", to provide address Councillor Gazzola's request. Mayor C. Zehr agreed with comments concerning staff involvement, commenting that they should not be looked upon in a negative light. He pointed out that local government consists of both a political and administrative component which some times have divergent opinions and which ensures good debate to bring about the best result. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "WHEREAS over the past number of years, the City of Kitchener, as part of its commitment to healthy and sustainable communities, has been both updating several long-term strategies and policies in terms of leisure and recreational delivery to the residents of Kitchener (i.e. the Parks and Recreation Operational Review, the Leisure Facilities Master Plan, the Older Adult Strategy and the Youth Strategy), and has also been reviewing how to most effectively utilize its facilities based on facility availability during certain times of day; and, WHEREAS our research and Older Adult Strategy has shown and input from our residents has confirmed that we should strengthen our delivery model by further building upon or transitioning to neighbourhood community centres that serve as community resource centres and provide programming for all age groups; and, WHEREAS Kitchener Council, after hearing from many residents, recognizes that while a lack of consensus on the future of older adult programming exists, pursuing staffs initial recommendation at this time is not in the best community interest and that additional time to further study enhanced levels of service for older adults would be in the best interest of our community; BE IT NOW RESOLVED that ongoing efforts with respect to the closure of the Rockway Seniors Centre be terminated; and, That the City continue working with neighbourhood associations and older adult groups towards co-ordinating and offering programming for all ages in our facilities throughout the community; and, That staff prepare a report about any maintenance and / or capital requirements and future maintenance necessary in the short-term for the ongoing operations of the Rockway Seniors Centre facility; and further, That staff do a feasibility study and business case analysis, including public consultation and participant involvement to look at the long-term use of the Rockway Seniors Centre site for the provision of older adult service delivery and possible other uses." Carried Unanimously, on a Recorded Vote. Mr. Richard Christy attended to present the City with a framed portrait of Queen Elizabeth II, in recognition of her position as Head of State and to raise awareness to the role that the Monarchy has played in Canadian history and its culture. Mr. Christy noted that the year 2012 will mark the 200tH anniversary of the War of 1812 and the 60th Year Reign of the Queen. COUNCIL MINUTES FEBRUARY 22, 2010 - 49 - CITY OF KITCHENER Messrs. Richard Ogilvie and Lowell Penner, Market Vendors, attended on behalf of a newly formed Market Vendor Association, to ask that the City establish a governance committee to work with their Association to address concerns related to operation of the Market, including: changes in leased space configurations; solicitation of businesses outside the local area municipalities; alleged unprofessional conduct of staff; need for parking improvements and introduction of differing products to attract more customers; and, use of the upper portion of the Market. Mayor C. Zehr advised the delegation that the City has already undergone a process of investigating a business model for the Market and a decision was made. He stated that it was his understanding the delegation had made arrangements to meet with City staff in the coming week and the delegation concurred. Mayor Zehr advised the delegation that the meeting with City staff would be the appropriate time for them to bring their concerns forward in greater detail. Mr. L. Gordon, Chief Purchasing Officer, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Prior to consideration of the tenders, Council considered Item B.4 of the Committee of the Whole agenda, dealing with funding allocations to the Kingsdale Community Centre. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the funding sources totaling $458,000., identified in Table #2 of Community Services Department report CSD-10-010, be approved and allocated to the Kingsdale Community Centre construction project, resulting in an overall revised project budget of $4,148,000." Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Gazzola "That Tender T09-105, Charles Street East (Preston /Delta to King Street East) -Road Reconstruction, be awarded to 410754 Ontario Limited o/a Sousa Concrete, Branchton, Ontario at their corrected tendered price of $296,732.30, including provisional items & contingencies of $59,135., plus G.S.T. of $14,836.62, for a total of $311,568.92; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Tender T09-014, Containerized and Manual Collection of Waste, Cardboard and Organic Materials From Various City Locations, Facilities and Sites, be awarded as follows: • Roll Off, Compactor, and Front Load Containers, to Waste Services (CA) Inc., Kitchener at their tendered price of $103,248.57, including G.S.T. of $4,916.60; • Recycling Containers, to Wasteco, Division of Southern Sanitation Inc., Guelph at their tendered price of $5,268.90, including G.S.T. of $250.90; • Molok and Barrel Containers, to Waste Management of Canada, Waterloo at their tendered price of $117,217.42, including G.S.T. of $5,581.78; and further, That awards include the option to renew for up to four (4) additional one-year terms, subject to mutual agreement." - and - "That Tender T09-111, Kingsdale Community Centre Construction, be awarded to Nith Valley Construction (2008) Ltd., New Hamburg, Ontario at their tendered price of $3,256,211., plus an additional cost for RTU-1 and RTU-2 energy recovery systems at a cost of $49,311., for a total of $3,305,522., plus G.S.T. of $165,276.10 for a total of $3,470,798.10; and further, COUNCIL MINUTES FEBRUARY 22, 2010 - 50 - CITY OF KITCHENER That the Mayor and City Clerk be authorized to execute a contract satisfactory to the City Solicitor." Carried. Mr. Mark Toope, applicant, attended in support of the Committee of Adjustment decision for his Fence Variance Application, Submission No. FN 2010-006 (315 Activa Avenue), listed as Item B.7 v) on the Committee of the Whole agenda. Moved by Councillor K. Galloway Seconded by Councillor G. Lorentz "That the application of Mark Toope & Nancy Yorke (FN 2010-006 - 315 Activa Avenue) requesting legalization of an existing 1.87m (6.13') high fence located 0.36m (1.18') from the side lot line abutting David Bergey Drive rather than the required 4.57m (15'), on Part Block 26, Registered Plan 58M-132, being Parts 77 & 136, Reference Plan 58R-12161, 315 Activa Avenue, Kitchener Ontario, be approved, subject to the following condition: That by September 30, 2010, the owners shall install landscaping between the fence and their lot line along David Bergey Drive, and the owners shall maintain this landscaping." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Councillor B. Vrbanovic referred to an email received from Mr. Shesh Maharaj, Superintendent of Business & Treasurer, Waterloo Catholic District School Board (WCDSB), concerning Clause 7 of the report, dealing with establishment of a "Tiered Flat Fee" ("TFF") stormwater funding rate model and questioned if this should be taken into consideration at this time. Mayor C. Zehr noted that the recommendation deals only with the rate model and does not apply to the issue of exemptions. He noted that he has had discussions with the Chairs of both local School Boards, who have indicated an understanding of the steps being taken by the City, but have concerns with their ability to pay the fee and are in discussions with the Province of Ontario to address the matter. Mayor Zehr added that assurances have been given to all property owners of institutional and tax exempt categories that the City will engage in consultations with them prior to presentation of the staff report to come forward in May 2010. Councillor J. Gazzola advised that he would not support Clause 7 of the report, stating that the "TFF" is not an equitable solution as it does not provide incentive to property owners to reduce their level of stormwater run-off and thereby aid in environmental improvements. He commented that it is important to establish this program properly at the outset and while it may initially take longer to implement the "Single Family Unit" (SFU) rate model, he suggested this would be livable given the likelihood that it will be more difficult to change from a "TFF" to an "SFU" rate model in future. Councillor K. Galloway commented that she would like to see a move toward the "SFU" model in future; however, she was supportive of the "TFF" model in the short term as it allows the City to move forward with stormwater management improvements now and is easier and more cost effective to implement. The Development & Technical Services Committee report was then voted on Clause by Clause Clause 3 - Dealt with under Delegations and Carried. Clause 7 - a recorded vote was requested. In Favour: Mayor C. Zehr and Councillors G. Lorentz, J. Smola, K. Galloway, B. Vrbanovic and C. Weylie. COUNCIL MINUTES FEBRUARY 22, 2010 - 51 - CITY OF KITCHENER Contra: Councillor J. Gazzola Motion Carried. Clause 8 -Carried. Balance of report -Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the report of the Finance and Corporate Services Committee be adopted." Councillor K. Galloway referred to Clause 7 of the report, dealing with adoption of the 2010 Accessibility Plan and investigation of future funding within the Capital Forecast. In regard to the latter, she noted that it was her intent to have the existing Accessibility Capital Fund continue into the future to provide for corporate accessibility projects. Councillor B. Vrbanovic suggested, and it was agreed, that Clause 7 be amended to insert the phrase "in future years" in the 2"d paragraph following the phrase "including additional funding". The Finance and Corporate Services Committee report was then voted on Clause by Clause Clause 7 -Carried, as Amended. Balance of report -Carried. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the report of Heritage Kitchener be adopted." Carried. Moved by Councillor B. Vrbanovic 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. (d) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (e) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (f) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (g) To confirm all actions and proceedings of the Council. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. COUNCIL MINUTES FEBRUARY 22, 2010 - 52 - CITY OF KITCHENER On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor G. Lorentz as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie "That the by-laws listed on the agenda for 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. 2010-034) (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. 2010-035) (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. 2010-036) (d) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (By-law No. 2010-037) (e) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (By-law No. 2010-038) (f) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (By-law No. 2010-039) (g) To confirm all actions and proceedings of the Council. (By-law No. 2010-040) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:25 p. m. MAYOR CLERK COUNCIL MINUTES FEBRUARY 22, 2010 - 53 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That parking be prohibited on the north side of Grulke Street between Kinzie Avenue and Fairway Road North; and further, That the Uniform Traffic By-law be amended accordingly. 2. That a School Bus Loading Zone be established on Spadina Avenue West from a point 63 metres west of Patricia Avenue to a point 13 metres west thereof; and further, That the Uniform Traffic By-law be amended accordingly. 3. That subject to modifications to clarify its content, the letter drafted by the Cycling Advisory Committee attached to Development and Technical Services Department report DTS-10-026, be sent by the Mayor and Council to Dwight Duncan, Minister of Finance, Province of Ontario, requesting the following: 'That the principle of a Retail Sales Tax exemption on bicycle sales under $1,000 be continued when the Harmonized Sales Tax is introduced and remain beyond its expiration date of December 31, 2010; and, That dedicated, on-going provincial funding be directed to municipal cycling infrastructure projects; and, That Corporate tax concessions be considered for private sector companies that undertake cycling related capital investments; and further, That the Province be requested to establish a provincial cycling agency.' (Dealt with under Delegations and Carried) That Demolition Control Application DC09/15/C/GS requesting permission to demolish one (1) single detached dwelling located at 40 Centreville Street, owned by Triedell Group Limited, legally described as Part of Farm Lot, Registered Plan 589, be approved subject to the following conditions: 1) That the owner obtains a building permit for the proposed residential unit building; and, 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: 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 City 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. That the recommendations of the Dispatch Model Working Group presented in their December 2009 report to the All Council Meeting on December 3, 2009, and as outlined in Development and Technical Services Department report DTS-10-036, be supported in principle; and, That the Fire Chief or designate and members of the Human Resources, Finance and Legal Divisions, as required, participate in the next steps of the Regional Emergency Dispatch Model review; and further, That local MPPs, AMO and the Minister of Health and Long Term Care be contacted to encourage the Ministry to participate in discussions with regard to the Regional Emergency Dispatch Model. COUNCIL MINUTES FEBRUARY 22, 2010 - 54 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended and By-law 2002-164, as amended, of the City of Kitchener, hereby grants draft approval to Condominium Application 30CDM-09207 for 133-155 Highland Crescent in the City of Kitchener, subject to the conditions contained in Development and Technical Services Department report DTS-10-008. That the "Tiered Flat Fee" stormwater funding rate model, as outlined in Development and Technical Services Department report DTS-09-042, be adopted for implementation beginning on January 1, 2011 to support the approved annual level of service for stormwater management of $9.9M (2007); and further, That staff report to Council on a final stormwater rate structure in May 2010 with additional rate categories to provide further differentiation between properties within residential, multi-family residential, non-residential, institutional and tax exempt categories. (Carried, on a Recorded Vote) That the scope of work for AECOM Canada (formerly TSH Associates) be extended in the amount of $35,000 to include the implementation of the Council approved stormwater rate methodology. FINANCE AND CORPORATE SERVICES COMMITTEE - That Homeniuk Rides Inc. be granted permission to operate a midway at Weiland Ford, 707 Ottawa Street South, from April 22 to May 2, 2010, subject to the following: Hours of operation; and, Date Start Close Thursda , A ril 22 3:30 .m. 10:00 .m. Frida , A ril 23 3:30 .m. 11:00 .m. Saturday, April 24 10:00 a. m. 11:00 p. m. Sunday, April 25 Noon 10:00 p. m. Monda , A ril 26-Thursda , A ril 29 3:30 .m. 10:00 .m. Frida , A ril 30 3:30 .m. 11:00 .m. Saturda , Ma 1 10:00 a. m. 11:00 .m. Sunda , Ma 2 Noon 9:00 .m. That the music at the Midway be turned down at 8:00 p. m. excepting those evenings preceding a school day when it shall be turned off at 8:00 p. m.; and, That the music be turned off one hour before closing time on the evenings preceding anon- school day; and, That parking arrangements be reviewed with Transportation Planning staff to ensure adequate off-street parking will be provided; and further, That the required licence be obtained prior to operating the Midway. That Homeniuk Rides Inc. be granted permission to operate a Midway at Weiland Ford, 707 Ottawa Street South, from August 18 to August 22, 2010, subject to the following: Hours of operation; and, Date Start Close Wednesda , Au ust 18 3:00 .m. 10:00 .m. Thursday, August 19 Noon 10:00 p. m. Friday, August 20 Noon 11:00 p. m. Saturda , Au ust 21 10:00 a. m. 11:00 .m. Sunda , Au ust 22 Noon 9:00 .m. COUNCIL MINUTES FEBRUARY 22, 2010 - 55 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) (Cont'd) That the music at the Midway be turned down at 8:00 p. m.; and, That the music be turned off one hours before closing time; and, That parking arrangements be reviewed with Transportation Planning staff to ensure adequate off-street parking will be provided; and further, That the required licence be obtained prior to operating the Midway. That Homeniuk Rides Inc. be granted permission to operate a Midway at the Optimist Sports Park, 120 Pioneer Drive on September 29 to October 2, 2010, subject to the following: Hours of o eration; and, Date Start Close Thursda , Se tember 29 3:30 .m. 10:00 .m. Friday, September 30 3:30 p. m. 11:00 p. m. Saturday, October 1 10:00 a. m. 11:00 p. m. Sunda ,October 2 Noon 9:00 .m. That the music at the Midway be turned down at 8:00 p. m. excepting those evenings preceding a school day when it shall be turned off at 9:00 p. m.; and, That the music be turned off one hour before closing time on the evenings preceding anon- school day; and further, That the required licence be obtained prior to operating the Midway. 4. That the 2009 City of Kitchener Summary Drinking Water Report, be received for information, as required by O.Reg170/03, Schedule 22, of the Safe Drinking Water Act; and further, That the City of Kitchener provide a copy of the Summary Drinking Water report to the Township of Woolwich as required by Schedule 22 of O.Reg.170/03. 5. That the Mayor and Clerk be authorized to execute a Licence Agreement with the Heritage Greens Lawn Bowling Club, renewing their current agreement for a further ten (10) years until 2019 under the existing conditions, subject to the satisfaction of the City Solicitor. 6. That no action be taken on the request of Justin Novak, owner of Lucky's Wings, 320 King Street West, to have Conditions #5 and #8 removed from his current liquor licence issued by the Alcohol and Gaming Commission of Ontario, as outlined in Corporate Services Department report CRPS-10-011, dated January 15, 2010. 7. That the 2010 Accessibility Plan attached to the Community Services Department report CSD- 10-011 be adopted as the Annual Accessibility Plan for 2010 for the City of Kitchener in accordance with the Ontarians with Disabilities Act, 2001; and further, That staff be directed to investigate the potential to include additional funding in future years within the Capital Forecast for corporate projects that will remove barriers to accessibility for persons with disabilities. (Carried, as Amended) That the Asset Management Service Delivery Strategy as outlined in Financial Services Department report FIN-10-026, be supported as the direction for the City of Kitchener's asset management program over the next 3 to 5 years; and further, That Phase 1 of the Strategy, being Asset Management Gap Analysis, be completed in 2010. COUNCIL MINUTES FEBRUARY 22, 2010 - 56 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) That existing contracts for the various group insurance programs available to staff be extended for a period of one (1) year pending a detailed market analysis and review of service levels and financial arrangements. 10. That staff report back to the Finance and Corporate Services Committee with the results of the Group Benefits Provider Review, which will provide direction on the re-tendering of group benefits. HERITAGE KITCHENER - That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2009-V-018 (1221 Doon Village Road), be approved to replace the existing wooden windows in accordance with the information submitted with the application, as attached to Development and Technical Services Department report DTS-10-014, and subject to the following conditions: that final shop drawings for the windows, trim, and accessories be reviewed and heritage clearance issued by Heritage Planning staff prior to installation; and further, ii. that one sample window on the lower front fapade be installed and heritage clearance issued by Heritage Planning staff prior to the installation of the remaining replacement windows. COUNCIL MINUTES FEBRUARY 22, 2010 - 57 - 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. DTS-10-042 -Execution of Engineering Agreement -Grand River South Council considered Development & Technical Services Department report DTS-10-042 (B. Korah), dated February 2, 2010. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor for the provision of professional engineering services made between the City of Kitchener and MTE Consultants Inc., regarding Grand River South 1 -Stage 2, R.P. #58M-365 (D. P. #30T-97012)." 3. DTS-10-044 -Demolition Control Application DC09/17/D/GS - 31, 35, 39 & 43 David Street -Kitchener Housing Inc. Council considered Development & Technical Services Department report DTS-10-044 (A. Pinard), dated February 8, 2010. It was resolved: "That Demolition Control Application DC09/17/D/GS requesting permission to demolish four 4-unit residential buildings (16 units total) municipally addressed as 31, 35, 39, and 43 David Street and legally described as Plan 154 Pt Lots 1 To 4 GCT Sub Of Lot 17 Pt Lot 144 RP58R7510 Part 1, be approved, without conditions." 4. CSD-10-010 -Capital Funding - Kingsdale Community Centre Dealt with under Delegations. 5. FIN-10-023 -Uncollectible Utility Accounts -Write Off Council considered Financial Services Department report FIN-10-023 (J. Evans), dated February 16, 2010. Councillor J. Gazzola questioned if the GST written off in each instance is recouped and Ms. J. Evans, Director of Revenue, concurred, advising that the City submits a claim to the Province for GST reimbursement. It was resolved: "That Uncollectable Utility Accounts, amounting to $52,909.16 be written off against the Allowance for Doubtful Sundry Receivables and the Allowance for Doubtful Utility Receivables." 6. FIN-10-024 -Uncollectible Receivables -Write Off Council considered Financial Services Department report FIN-10-024 (J. Evans), dated February 16, 2010. COUNCIL MINUTES FEBRUARY 22, 2010 - 58 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 6. FIN-10-024 -Uncollectible Receivables -Write Off - (Cont'd) Councillor J. Gazzola requested clarification of the $5,000. amount to be written off under Account 5001272. Mr. M. May, Director of Communications, advised that this is a long outstanding account that has been difficult to resolve due to significant staff turnover and the tourism operation has since ceased. He advised that the City has reached an agreement for 50% of the debt to be repaid with the remainder to be written off. I t was resolved: "That Uncollectible Receivables, amounting to $41,959.73 be written off against the Allowance for Doubtful Sundry Receivables and the Allowance for Doubtful Utility Receivables." 7. CRPS-10-019 -Committee of Adjustment Decisions Council considered Corporate Services Department report CRPS-10-019 (D. Gilchrist), dated February 16, 2010. Items 7 ii), iii) and v) regarding Fence Variance Applications, Submission Nos. FN 2010- 003 (1 Covington Crescent), FN 2010-004 (271 Newbury Drive) and FN 2010-006 (315 Activa Avenue), respectively, were dealt with under Delegations. Councillor J. Gazzola noted that the majority of fence applications to the Committee of Adjustment are being approved and questioned if a change is needed in the regulations governing fence installations to avoid unnecessary expense to affected property owners. Councillor G. Lorentz advised that the recent influx of applications is the result of one individual who deliberately sought out and reported approximately 70 fences that he deemed in violation of the current regulations. All had to be investigated by By-law Enforcement staff and as a result, approximately 54 fences were required to submit applications for a variance. Councillor Lorentz suggested that this was an abuse of the process and a case of nuisance, and has since spoken with Mr. S. Turner, Director of By-law Enforcement, in regard to bringing forward a report to deal with this kind of individual action. He stated that such action places great strain on staff and public funding resources; adding that in one instance, a fence had existed for some 30 years but as a result of this individual's actions the property owner was required to expend monies to acquire a variance. Councillor Lorentz advised that when the report comes forward for consideration he would be asking for a rebate of the application fee to all affected property owners. It was resolved: "That the application of Craig & Cindy Knight (FN 2010-002 - 3 Trailwood Crescent) requesting legalization of a 1.4m (4.59') high fence located within 4.62m (15') of the side lot line abutting Rolling Meadows Drive rather than the permitted 0.9m (3') high fence, on Lot 272, Plan 1426, 3 Trailwood Crescent, Kitchener Ontario, be approved." - and - "That the application of Timothy and Shauna Boniface (FN 2010-005 - 4 Burnaby Crescent) requesting legalization of an existing wooden fence having a height of 1.82m - 1.88 m (6' - 6.16') located 0.91m (3') from the side lot line abutting Newbury Drive rather than the required 1.5m (5')-2.44m (8'), on Lot 22, Plan 1786, 4 Burnaby Crescent, Kitchener Ontario, be approved, subject to the following condition: COUNCIL MINUTES FEBRUARY 22, 2010 - 59 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 7. CRPS-10-019 -Committee of Adjustment Decisions (Cont'd) That by September 30, 2010, the owners shall install landscaping between the fence and their lot line along Newbury Drive, and the owners shall maintain this landscaping." - and - "That the application of Max Becker Enterprises Ltd. (SG 2010-003 - 1188 Fischer Hallman Road) requesting permission to erect 2 fascia signs, one on the southeast end and one on the northwest end of the canopy over the drive-thru, having a height above grade of 3.04m (10') rather than the required 4.3m (14.1') and permission to erect 2 ground supported signs to have a separation of 32.19m (105.61') rather than the required 50m (164.04'), on Block 1, Registered Plan 58M-234, 1188 Fischer Hallman Road, Kitchener, Ontario, be approved, subject to the following condition: That the owner shall apply for and receive approval of a sign permit from the City of Kitchener." 8. Tag Day Request - Navy League of Canada Council considered correspondence from Ms. Lorraine Dittmer, Tag Day Coordinator, Navy League of Canada, K-W Branch, requesting permission to conduct Tag Days on April 10 & 11, 2010. It was resolved: "That the request of the Royal Canadian Sea Cadets Corp Warspite to conduct Tag Days on April 10 & 11, 2010, at various malls, grocery stores and restaurant entrances, as outlined in correspondence from L. Dittmer, be approved." 9. Tax Sale Proceedings Council received as information Financial Services Department report FIN-10-037 (J. Evans), dated February 16, 2010. 10. Execution of Centre Block Development Agreement Council considered this date Corporate Services Department report CRPS-10-023 (L. MacDonald), dated February 22, 2010, arising from in-camera discussion this date and recommending execution of the Development Agreement with Andrin Investments Limited for the Centre Block development. Mayor C. Zehr commented that following Council's consideration on November 23, 2009, substantial discussion and negotiations have taken place to bring the Development Agreement to the point of execution. On execution, Andrin will be in position to proceed with their plans for the Centre Block and activity will soon be seen on the site, with the sales office and model suite to be erected by the end of August 2010. The following motion was Carried Unanimously, on a recorded vote. It was resolved: "That the Mayor and Clerk be authorized to execute the Development Agreement with Andrin Investments Limited pertaining to the Centre Block Development; said agreement to be substantially in the form reviewed in-camera on February 22, 2010 and satisfactory to the City Solicitor; and further, COUNCIL MINUTES FEBRUARY 22, 2010 - 60 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 10. Execution of Centre Block Development Agreement (Cont'd) That the Mayor and Clerk be authorized to execute an amendment to the Agreement of Purchase and Sale with Andrin Investments Limited to make any corresponding housekeeping adjustments to the Agreement to ensure consistency with the Development Agreement."