Loading...
HomeMy WebLinkAboutCouncil - 2010-05-17COUNCIL MINUTES MAY 17, 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 Victoria Whiteman, King School of Vocal. On motion by Councillor G. Lorentz, the minutes of the regular meeting held May 3, 2010 and special meetings held May 3 & 10, 2010, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Mike Henderson and Cathy Warne, Co-Chairs, Rock Revival, presented a charitable donation in the amount of $4,508. to Ms. Anne Boehm, Children's' Wish Foundation, collected during the City's 20tH Annual Rock Revival show. It was noted that over $45,000. in charitable donations have been collected over the 20 year run of the show to benefit community charities. Ms. Boehm expressed appreciation for the donation, advising that this year two children from within the community had their wishes granted to attend the 2010 Olympic Games. Crystal Bradford and Liam Kijewski, Project Co-ordinators, K-W Procession of the Species, provided an overview of the parade event held for the first time in Kitchener in conjunction with the 2010 Earth Day celebrations. Cultural and environmental awareness workshops were held as part of this event and appreciation was extended to the City for its support in providing grant funding. Mr. Nicholas Gehl attended on behalf of his client, Mr. Brent Lavallee, in regard to Item B.2 of the Committee of the Whole agenda, concerning a decision of the Dog Designation Appeal Committee affirming the Dangerous Dog Designation assigned to Mr. Lavallee's dog 'Rocky'. Mr. Gehl advised that he and his client are in agreement with the decision rendered. Donna and Gavin Withers and Leeanne Evans also attended in support of the decision of the Dog Designation Appeal Committee concerning Mr. Lavallee's dog. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Brent Lavallee, wherein the Committee affirms the Dangerous Dog Designation assigned to his dog 'Rocky' by the Kitchener-Waterloo and North Waterloo Humane Society and assigns modified conditions for the keeping of said dog, be ratified and confirmed." Carried Unanimously. Mayor C. Zehr introduced Development & Technical Services Department report DTS-10-110 (R. Regier / J. McBride), dated May 17, 2010, arising from in-camera discussion this date, concerning development of temporary public parking at the Bramm Street Yards to accommodate additional parking spaces needed for the Tannery redevelopment project. Mayor Zehr advised that while this is a separate issue from the site plan, Council wished to have all information concerning the redevelopment known prior to hearing delegations. Mr. R. Regier, Executive Director, Economic Development, advised that a 10-year lease agreement with the Tannery from 2011-2020 is proposed and also provides for a temporary lease of up to 200 parking spaces in the new Charles / Benton Parking Garage in the Fall of 2010. The agreement further provides that the Tannery and the City will commence discussions relative to development of a parking structure on the block bounded by Charles Street, Francis Street, Water Street and Hall's Lane. He noted that the 200 spaces represent only a portion of the required parking for future tenants in current vacant and / or unleased space in the Tannery. Parking spaces currently planned for Lot 'B' are required to meet needs of existing tenants and approximately 480 spaces are required to meet leased space to be occupied in summer 2010. It was noted that this does not include parking required for leased space already occupied. The Tannery currently has 80 spaces on Michael Street and together with 150 spaces planned on Lot 'B', has a total inventory of 230 spaces. Mr. Regier advised that to meet the parking targets, the Tannery plans to implement significant Transportation Demand Management (TDM) initiatives, including: use of Grand River Car Share vehicles; internal, secured bicycle storage and shower facilities; and, negotiation of Grand River transit passes at a preferred corporate rate for tenants of the building. Mr. Regier spoke to the role of parking in redevelopment, noting that the City in partnerships is working to re-urbanize parking from surface lots into parking structures. A summary of efforts to date was provided demonstrating that by 2012 COUNCIL MINUTES MAY 17, 2010 - 131 - CITY OF KITCHENER approximately 1,400 surface parking spaces, through various development projects, will have been removed from City streets into parking structures. Existing catalyst projects, together with development strategies to re-urbanize City-owned vacant parcels, as well as numerous private sector projects, will in the next 10 to 15 years change the visual landscape of the core and has potential to virtually eliminate surface parking in the Downtown. Mr. Regier, with permission of the developer, illustrated a concept rendering to demonstrate the potential for development on Lot 'B' if redeveloped in a warehouse district design standard. He emphasized that the illustration is not a final development concept but gives indication that Lot 'B' will proceed when the main Tannery site is complete and a permanent parking solution is found. Lot 'B' can accommodate a mixed use development of 130,000 sq. ft. which could consist of residential, retail and office space; and together with redevelopment potential at 101 Victoria Street North, could mirror the scale and architecture of the main Tannery site. Mr. Regier suggested that if Lot 'A' were to fail due to a lack of parking it would have adverse impact on revitalization efforts in the Downtown. He added that the Downtown is in a transitional stage and in future, there will be more people using alternative modes of transportation at which time the City will be in position to support a denser, more vibrant core than exists now. Mr. Regier provided examples of re-urbanization efforts to date, including: University of Waterloo's Health Sciences campus; Communitech's the HUB; Brownfield programs for remediation; and, development charge /planning fee exemptions in the Downtown. He noted the City's efforts in support of TDM initiatives, including: eliminating subsidized parking for City employees; continual increase of parking rates at double the rate of inflation to support cost recovery of structured parking; construction of new structured parking at Charles / Benton Streets for existing development to relocate surface parking and all future office development to provide their own parking; emphasis on residential development to reduce the amount of parking needed and to improve balance between residential and employment sectors in the downtown; and partnership with the Region of Waterloo in support of rapid transit and GO Transit service to the area. Mr. Regier noted suggestions from the public as to alternative placements for the parking required for Lot 'B' and gave assurance that finding adequate, timely parking for the Tannery has been a focus from the beginning with no stone left unturned. He stated that while it may appear there are vacant spaces around the Tannery site, none are unclaimed by the organizations in ownership, with many oversold and the City itself, currently has a substantive waiting list for public parking lots in the west end. He added that parking is a strategic component of the success of the Tannery development and without it, he suggested that the City will not achieve either its urban development or economic objectives. Mr. J. McBride, Director of Transportation Planning, advised that transition of the City's Operations to the new Consolidated Maintenance Facility (CMF) provides opportunity in 2011 for redevelopment of an interim use on the Bramm Street Yards site to provide the additional parking required for the Tannery. He noted that the intent of the development includes accommodation of approximately 260 parking spaces on Lot 'A', fronting Joseph Street, to be developed in 2011; Lot 'B', north of Bramm Street, will accommodate approximately the same number of spaces to be developed in 2012 or when there is sufficient demand; and Lot 'C', between Bramm and Park Streets, will accommodate approximately 350 spaces to be developed as demand warrants or as required for redevelopment purposes. He stated that the Charles / Benton Parking Garage is expected to be open in October 2010, where the 200 additional parking spaces required for the Tannery will be accommodated for one year, followed by transitioning to the Bramm Street Yards in 2011 when the parking garage spaces will be required for the new Provincial Courthouse. The proposed 10-year agreement provides for full market rates to be paid and will also accommodate some other parking demands in the vicinity of the site. Mr. McBride advised that development costs have been estimated at approximately $250,000. for each of Lots 'A' and 'B' and it is recommended that the total of $500,000. be funded from the City's Economic Development Investment Fund (EDIF) allocation for Digital Media, to be repaid with interest from net parking revenues. Mr. McBride responded to questions concerning the 10-year agreement, advising that the payback period is anticipated at 3 years; the term of the agreement is binding, however, there is provision to allow relocation of the parking spaces to an alternative location if necessary; and, the maximum annual increase in rates is set at 6% in keeping with normal practice. Mr. McBride also clarified that the move to the Bramm Street Yards is dependent on the moving date for Operations to the new CMF, as well as time needed to prepare the site for the interim use. He added that parking could potentially be made available on Lots 'B' and 'C' sooner than projected in the event there is sufficient demand. COUNCIL MINUTES MAY 17, 2010 - 132 - CITY OF KITCHENER Mayor C. Zehr requested clarification of the proposed parking as it relates to the parking proposed for Lot 'B' and Mr. McBride advised that the 200 parking spaces represents an immediate need over and above the existing requirement to meet the needs of future tenants yet to be announced. Councillor J. Gazzola questioned the impact of the proposed stormwater rate system relative to the City's surface parking lots. Mr. McBride advised that he is waiting to see how the rates will be applied to surface parking prior to considering methods that may alleviate its impact. Mayor C. Zehr advised that consideration of the recommendation contained in report DTS-10-110 would be set aside pending conclusion of the delegation presentations regarding the Tannery redevelopment project. Mr. J. Arndt, K-W Region Branch, Architectural Conservancy of Ontario, displayed a picture of the Lang Tannery, circa 1890, commenting that it was his opinion the complex is a significant historical landmark in the Downtown and Lots 'A' and 'B' should not be considered in isolation as they both form an integral part of the complex. He suggested that the buildings present potential to create an oasis retreat while still meeting the needs of the developer. He stated that the proposed demolition of the buildings contravenes Provincial, Regional and municipal planning policies and disagreed with City staff's interpretation that only the smoke stack on the property meets the criteria for designation under the Ontario Heritage Act while the four buildings do not. He suggested that the buildings are significant to the overall operation of the Tannery and encouraged creative development that would maintain a link to the City's industrial heritage. Mr. J. MacDonald, resident, spoke in opposition to the proposal for Lot 'B', commenting that the buildings present opportunity to create a viable adaptive re-use so the past continues to play a rightful role. He acknowledged that Council has delegated authority for Heritage Impact Assessments (HIA) to staff but suggested the process is flawed in that it allows further delegation for responsibility in preparation of the document to the developer. He suggested that the assessment contradicts higher level planning policies while identifying that the site could be considered as a significant heritage landscape. He asked that the development process be held in abeyance to allow alternatives to be explored and that the spirit of the Provincial Policies Plan be followed so as to achieve a true Warehouse District design with a lively pedestrian streetscape. Mr. MacDonald was asked to clarify his expectations as to how Council should proceed. Mr. MacDonald advised that he did not intend for development to stop but would like to see an adaptive re-use in similar spirit to Lot 'A'. He suggested there is opportunity to create apedestrian-friendly environment and to animate the existing buildings so as to attract uses that would see people on a 24/7 basis rather than see them leave at 5 p.m. at the end of a work day. He added that his expectation is that the City, developer and area residents would all participate in determining the fate of the buildings on site in developing an appropriate adaptive re-use. Councillor B. Vrbanovic questioned how Mr. MacDonald would balance his expectations with those of the developer who purchased the property with appropriate zoning already in place and wants to undertake intensification of the site. Mr. MacDonald stated that the developer has a history of adaptive re-use development and is aware of Provincial planning policies and their public responsibility in pursuit of this re-development. Councillor J. Gazzola inquired if Mr. MacDonald and area residents have had opportunity to speak with the developer in regard to their concerns and ideas for an alternative approach. Mr. MacDonald advised that he was approached by an emissary of the developer who inquired if he would mind if the developer called him to discuss what may potentially happen to the property. He agreed to the developer calling but stated that he never received the call. He stated that he would like an opportunity to discuss his concerns and suggestions with the Mayor, City staff and the developer. Councillor J. Gazzola requested staff to advise as to what, if anything, Council is in a position to do. Mr. A. Pinard, Interim Director of Planning, advised that staff have followed the delegated planning process and the HIA has been approved. He added that he would be willing to again meet with Mr. MacDonald, noting that staff has had frequent conversations and meetings with him and have provided him with all pertinent documentation. Mr. Pinard suggested that he believes Mr. MacDonald's frustrations stem from a fundamental difference of opinion, in that, the HIA provides for some buildings to be demolished and Mr. MacDonald would like all the buildings preserved. Councillor Gazzola questioned the feasibility of meeting with the area residents as a group. Mr. Pinard advised that there is no requirement for the developer to attend such meeting and noted that it COUNCIL MINUTES MAY 17, 2010 - 133 - CITY OF KITCHENER was the developer who had expressed an interest in speaking with Mr. MacDonald and prior to releasing Mr. MacDonald's contact information, staff asked for his permission to do so. Mr. Pinard added that there is nothing further Council can do in respect to the HIA as it has been approved. Councillor B. Vrbanovic asked for clarification of statements referenced in the HIA report that state previous demolitions on the site resulted in depletion of its heritage value and also suggest additional demolition will further deplete its heritage value. Mr. Pinard advised that the HIA references conservation strategies for both Lots 'A' and 'B', noting that the adaptive re-use of Lot 'A' also includes some demolition. On Lot 'B' the smoke stack is to be fully retained and the 4 buildings demolished as it has been determined the buildings do not warrant designation under the Ontario Heritage Act. He commented that the HIA was prepared by a reputable consultant and thoroughly reviewed over a period of 4 months with input from City staff, Mr. MacDonald and Heritage Kitchener. Councillor Vrbanovic inquired if the HIA was commissioned by the City. Mr. Pinard advised that the City requested an HIA as Lot 'B' is adjacent to a Heritage Conversation District (HCD) and the buildings are listed on the Heritage Inventory list. He pointed out, however, that the property is not on the Municipal Heritage Registry nor is it designated. Mr. Pinard advised that the HIA was commissioned by the developer under the City's Terms of Reference. The original HIA was received in September 2009, reviewed and changes requested by staff incorporated to address concerns of staff such that the HIA as approved is significantly different than what was originally submitted. He advised that staff requested the consultant to identify the property as a 'complex'; however, he pointed out that being part of a complex does not necessarily mean all buildings have to be preserved. The buildings on site were examined and the data collected was considered in the development of the conservation strategy. Councillor Vrbanovic questioned if the practice of having a developer commission an HIA should be reviewed. Ms. C. Ladd advised that in the majority of planning and development applications there can be any number of studies that may be required for which the developer is asked to commission under specified Terms of Reference composed by the City. She stated that if it is intended to change this process there will be considerable impact on staffing and workload, and suggested that serious discussion should be entered into prior to such action being taken. Councillor Vrbanovic agreed that further discussion should take place and it was not his intent to make any decision in regard to a change in practice this date. Mr. Steve Schildroth, resident, stated that he was disappointed in having to plead for the preservation of these buildings and suggested the City had not learned from the previous demolition of the Forsyth building. He referred to the City's initiative to attract the creative class to the Downtown and stated that this sector prefers an intense urban environment with buildings that have lots of character. He spoke in favour of a pedestrian environment raising concerns that many previously demolished spaces have been transformed into parking areas. He encouraged Council to talk with the developer and include Mr. MacDonald in the discussion, and to do whatever possible to save these buildings. He also asked that planning processes be changed to flag historic buildings for Council review prior to any discussions regarding their redevelopment. Ms. Wendy Rofihe advised that she has an educational background in heritage matters. She referred to Toronto's Kensington Market noting that originally it was suggested the buildings should be condemned but have since been adaptively re-used and is now one of Toronto's main attractions. She suggested that the content of an HIA can be manipulated and having viewed the Tannery site, she questioned the conclusions drawn that the buildings are insignificant and expendable. She disagreed that success of Lot 'A' is dependent on the demolition of the buildings on Lot 'B', suggesting the wording in the HIA is clear manipulation of wording and criteria. She also raised concerns that there was no public consultation and alleged members of Heritage Kitchener now regret not having opposed the proposed demolition. She suggested that using parking projections is a weak argument and encouraged retaining the buildings to create a main attraction for the downtown. Councillor G. Lorentz requested Ms. Rofihe to clarify her comments regarding manipulation of an HIA. Ms. Rofihe stated that the consultant being paid by the developer may take into account end goals and she suggested that the studies should be accepted as subjective and open to interpretation by all. Mr. Sylvan Mably attended in opposition to the proposed demolition of buildings on Lot 'B', noting that they are referenced as good examples of early 1900's vernacular industrial architecture. He provided examples of other adaptive re-use projects and questioned data that suggests a parking shortage in the Downtown. He proposed that parking in the short term for Lot 'B' could be accommodated at the COUNCIL MINUTES MAY 17, 2010 - 134 - CITY OF KITCHENER Bramm Street Yards or other under-utilized lots and in the long term, suggested that existing parking be more efficiently operated and alternative modes of transportation be pursued to reduce Downtown parking demand. Councillor Vrbanovic questioned how Mr. Mably would propose balancing less parking with the process of attracting new business to the Downtown, which is likely to have employees that may live in the outer urban areas or even in other cities. Mr. Mably acknowledged there will always be need for some parking but would still like to see measures taken to reduce the demand. Mr. James Howe also spoke in opposition to the proposed demolition, expressing the opinion that even if demolished and replaced by the proposed redevelopment the end result would still not be a dynamic street life. He suggested that the Tannery District invites comparison to Toronto's Distillery District which has a mixed use of retail and restaurants, as well as open, pedestrian oriented spaces. He stated that there is opportunity to create a similar dynamic if the buildings on Lot 'B' are preserved and asked that the City continue the momentum of downtown revitalization by creating a space that all want and deserve. Councillor G. Lorentz asked Mr. Howe what specifically he would like Council to do. Mr. Howe stated that the main concern is the issue of temporary parking and would emphasize exploration of alternatives. He cited an example of actions previously taken by Council to find a creative solution to stave off an undesirable development in the Downtown and suggested that those in opposition are asking Council to work together with them and the developer to determine what alternatives there may be for redevelopment of the site. Councillor Lorentz pointed out that the lands are privately owned and properly zoned for what is proposed, stating that there is no guarantee that the discussions requested will result in the desired outcome. Councillor Lorentz also expressed the opinion that Kitchener does not have the same synergy as Toronto whose population is far greater and questioned the comparisons being made. Mr. Howe responded that the comparisons are based on an understanding of what is possible for an adaptive re-use and suggested that the City should look beyond its policies and procedures. Mr. Michael Druker, resident, suggested that if improvements were made to public transit there would not be a need to develop more parking lots. He advised that currently two popular transit routes have stops in the area of the Tannery including the i-Xpress route. Increasing the number of buses on these routes would provide sufficient public transit in the short-term until the LRT is running. Mr. Druker suggested that discussions should be taking place with the Region of Waterloo to look at how transit changes could be implemented that would result in a reduction of parking spaces being developed. Mr. Jason Hammond, resident, expressed similar concerns regarding contravention of planning policies and agreed that Bramm Street Yards should be used to accommodate the parking together with transportation demand management initiatives. He stated that the developer's estimate of required parking is based on an assumption of demolition of the buildings, and potentially inflated, and should be further investigated. He asked that Council take specific action to prevent demolition of the buildings and that the staff report be amended to provide acceleration of development such that all parking needed for the Tannery is accommodated at Bramm Street Yards. Councillor K. Galloway asked what the delegation might propose the City do in respect to existing staff at Bramm Street. Mr. Hammond stated that it was his understanding the transition to the CMF would take place in the next 10 months and suggested there is enough alternate parking facilities that if put together they could accommodate the Tannery's needs until Bramm Street can be developed. He also suggested that the City could consider accelerating the CMF transition. Councillor Vrbanovic questioned if Mr. Hammond understood that Council has no role in the demolition approval given zoning is in place, the site plan is a delegated authority to staff and no application is before Council for consideration. Mr. Hammond stated that this being the case he would hope Council would engage the developer in discussions to address public concerns with the goal of preventing demolition of the buildings. Ms. Louisette Lanteigne, GREN, commented that new parking lots should not be built until a specified percentage of existing capacity is met and questioned for whom the parking is required, construction crews or employees of the Tannery. She also raised concerns in regard to road salt management on the site and potential for soil contamination issues given it is a Brownfield site. COUNCIL MINUTES MAY 17, 2010 - 135 - CITY OF KITCHENER Mayor C. Zehr proposed that as there is no formal recommendation for Council to consider that direction be given to staff to arrange a meeting with the developer to discuss the publics concerns. He suggested that the staff to be involved should include the senior Heritage Planner, senior Planning staff, Director of Transportation, Executive Director of Economic Development and the CAO, which demonstrates a level of importance and opportunity for broad input, and asked that the matter be handled on an urgent basis. Councillor J. Gazzola asked that several representatives from the neighbourhood be permitted to participate in the meeting as they live in the area and have a vested interest. He added that he would like to see some review of the planning process to determine if a change is needed and to understand Council's legal authority in such matters. Mayor Zehr suggested that the request for review be given as direction to staff to bring forward discussion at a future Committee meeting and Councillor J. Gazzola agreed. Councillor K. Galloway questioned when parking capacity in the Downtown was last reviewed. Mr. J. McBride advised that a review is undertaken every 2 years and was last done in 2009. He stated that the results of the latest study indicate that demand is at, or over capacity, and there is particular demand in the west side as evidenced by a growing waiting list. He added that parking for area businesses is not reserved parking and if not used by the business is filled by others on a first come, first serve basis. Councillor B. Vrbanovic questioned what impact the proposed meeting will have to the existing application. Mayor Zehr advised that it is not intended to circumvent the legal process and is why he has asked that the meeting be handled on an urgent basis as time is of the essence. He stated that nothing may change as a result of the meeting but it does provide some opportunity to see if another solution is possible. Councillor Vrbanovic asked that in review of the planning process clear understanding be provided in respect to what the implication would be if Council was to intervene in such circumstance. Councillor G. Lorentz agreed with the direction being taken in respect to review of the process, noting that the public has on other occasions asked for Council to intervene but it was too late to do so. He suggested that Council should be in a position to be proactive rather than reactive and should be made aware of where in the process they may take a proactive role. Councillor K. Galloway agreed that the direction proposed provides a small opportunity for an alternative solution and asked that staff discuss with the developer the creative ideas that have been put forward this date. At the request of Mayor Zehr, Ms. Ladd agreed to oversee arrangements. It was also agreed that staff would report to the June 7, 2010 Development and Technical Services Committee as to the outcome of discussions with the developer. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That development of temporary public parking in the Bramm Street Yards be approved upon the relocation of City Operations to the Consolidated Maintenance Facility; and, That the development of this parking would occur in approximately mid-2011; and, That the parking rates would be based on the remote parking lot rate, currently set at $81.99 plus taxes per space per month; and further, That the Mayor and Clerk be authorized to execute an agreement with Francis Street Inc. for the provision of parking at City facilities ending December 2020, said agreement to be to the satisfaction of the City Solicitor." Carried Unanimously. Mr. Paul Smeltzer, AMEC Earth and Environment, attended in regard to Clause 6 of the Development & Technical Services Committee report concerning adoption of a Development Manual and hiring of one full time position. Mr. Smeltzer provided an update on discussions held with the Waterloo Region Home Builders' Association (WRHBA) to address concerns raised by the Association in regard to: stormwater management; parks; noise barriers; right-of-ways; and, other administrative matters. Mr. COUNCIL MINUTES MAY 17, 2010 - 136 - CITY OF KITCHENER Smeltzer advised that the Association was satisfied that their concerns had been addressed and had sent an email transmission to members of Council in this regard. Councillor B. Vrbanovic questioned the process in regard to noise barriers wherein the responsibility for long-term maintenance is to be transferred to the property owner. Mr. Smeltzer stated that construction of noise barriers by the developer and ownership transferred to the property owner is common practice. He added that an agreement is registered on title in acknowledgement of the transfer of ownership and responsibility for maintenance. Mr. J. Willmer, Interim General Manager, Development & Technical Services, explained that the Development Manual provides guidelines to assist in determining the need for a noise wall and at time of purchase, the prospective buyer would be aware of their responsibility for future maintenance of the structure through the Subdivision Agreement. He stated that since the structure would be a common element to the benefit of multiple property owners, the fence could be deemed as parcels of tied land and form part of a common element of condominium. This would result in all property owners having responsibility for its maintenance and/or future replacement as a condominium corporation solely for the purpose of the fence. Councillor J. Gazzola questioned the need to hire additional staff. Mr. B. Korah, Manager, Development Engineering, advised that in discussion with the WRHBA a change in practice was proposed to have the costs of a consultant paid directly by the developer and the Engineering Inspector staff position to oversee and protect the City's interests. Mr. Korah explained that currently the City enters into an agreement with a consultant and the developer provides a Letter of Credit; the consultant invoices the developer, who in turn, submits the invoice to the City for payment. Whereas, the change in process will see the developer pay the invoices directly to the consultant. Councillor Gazzola questioned if there is a fee charged to the developer and Mr. Korah advised that a percentage is allocated for subdivision plans and for site plan approval. Mr. Korah advised that fees have already been approved for 2010, which will be sufficient to cover the additional staff therefore staff would like to proceed with the hiring as of June 1St Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 6 of the Development & Technical Services Committee report of this date, as amended to delete the deferral paragraph in its entirety, be adopted." Carried Unanimously. Ms. Angela Young, Twin City Properties Inc., attended in regard to Clause 3 of the Development & Technical Services Committee report, dealing with a City initiated zoning amendment application to address "housekeeping" revisions to Zoning By-law 85-1 to improve administration. Mr. J. Willmer advised that staff had spoken with Ms. Young and have agreed to limit the extent of the residential care facility to 10 residents as it pertains to proposed rezoning of 97 Victoria Street North (consolidation of 87, 91 and 97 Victoria Street North). Ms. Young stated that in her opinion there is insufficient parking for the current use at 97 Victoria Street North and has had to hire security to monitor and enforce parking at her place of business across the street at 100 Victoria Street North. She added that she had understood the number of residents was to be reduced to 8 rather than 10. Ms. Young commented that due to the social economic health issues of the residents at 97 Victoria Street North, she was concerned with their safety in crossing over Victoria Street to attend the plaza where she is located and also for her own safety in working alone in the business place. She added that she has witnessed residents crossing the road who appear to be either under the influence of alcohol or drugs or not in a normal state of mind. Mr. J. Mancini, The Working Centre, stated that residents do cross Victoria Street to a convenience store located in the plaza and advised that staff of The Working Centre can be called and will come immediately if there is a concern as referenced by Ms. Young. He added that Working Centre staff do work co-operatively with the Security Guard at 100 Victoria Street North to address parking concerns. Mr. J. Willmer advised that staff have confirmed that the parking at 97 Victoria Street North exceeds the minimum requirement and is therefore, sufficient for the property. Mr. Mancini added that persons COUNCIL MINUTES MAY 17, 2010 - 137 - CITY OF KITCHENER coming to the property are not there for any great length of time and are told not to park at Twin City Properties. In addition, he stated that parking signs are posted and those in violation are ticketed. Councillor J. Smola questioned if Ms. Young was satisfied that her concerns would be addressed or if she would like further opportunity to discuss these issues with City staff. Ms. Young indicated that she would like opportunity for further discussion. Mr. J. Willmer suggested that the proposed rezoning of 97 Victoria Street North be removed from the housekeeping amending by-law to allow the remainder of the housekeeping amendments to proceed this date and the specified property be dealt with separately at a later date. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 3 of the Development & Technical Services Committee report of this date, as amended to remove reference to 97 Victoria Street North and the proposed rezoning of the said property to be deferred for further consideration to the June 14, 2010 Council meeting, be adopted." Carried. Ms. Louisette Lanteigne, GREN, attended in support of Clause 5 of the Development & Technical Services Committee report of this date, dealing with a request to the Premier of Ontario to direct the Ontario Power Generation to place coal-fired electricity generating plants immediately on standby reserve and operate only as absolutely necessary. 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." Carried. Ms. Karen Klink, resident, attended to raise concerns with the Fire Services Direct Detect program and the sharing of Fire Services between the Cities of Kitchener and Waterloo. Ms. Klink advised that she resides in the area of Kiwanis Park and was advised that because she lives outside the recommended emergency response time of 4 minutes she must subscribe to Direct Detect. She stated that she test drove from the nearest Fire Station at Lancaster Street and reached her home in just under 5 minutes. Ms. Klink advised that Direct Detect has been installed; however, the technician advised her that because she uses Voice Over IP it may or may not operate properly and to still call 911. She questioned why she is required to subscribe when she is only a matter of seconds outside the response time and the system is apparently not reliable in any event. Ms. Klink stated that there is a Waterloo Fire Station located in the RIM Park area that is closer and would be able to respond faster; however, she has been advised that Waterloo would not respond to a Kitchener emergency call. She referred to an incident in the Township of Wilmot where it is suggested had Waterloo Fire Services been dispatched first to the scene rather than volunteer Fire Fighters from the Township who were located further away, that lives may have been saved. She asked how these concerns could be addressed in respect to eliminating the required subscription and in ensuring agreements are in place for shared services between Kitchener and Waterloo. Fire Chief T. Beckett advised that a previous station location project determined 3 areas where Direct Detect would be established being: Kiwanis, Deer Ridge and the area in which Fire Station No.7 has now been built and, therefore, Direct Detect was not proceeded with in that area. The travel time as approved by Council has been established at 5 minutes and under, with a goal of achieving that timeframe 90% of the time. This response time cannot be reached in the areas identified for Direct Detect. He stated that staff is currently reviewing the Standard Cover Document to determine need for changes and Kiwanis and Deer Ridge will be included in this review. He noted that Direct Detect is included in subdivision agreements and prior to purchase of a property the buyer is made aware of its requirement. He stated that it is standard practice to advise property owners who have Direct Detect installed to call 911 as a back-up to ensure emergency service is contacted and it has been documented that the Direct Detect system has resulted in property being saved when an owner(s) has not been home. COUNCIL MINUTES MAY 17, 2010 - 138 - CITY OF KITCHENER Fire Chief Beckett advised that sharing of services with Waterloo requires a mutual agreement for fire protection services that would involve negotiations with the City of Waterloo and its labour unions. He added that a Fire Service Agreement could be entered into whereby payment would be made for mutual aid services and has been discussed since the incident in the Township. He stated that the premise of such an agreement is on the basis of requesting mutual aid only at times when existing resources are 70% in use, citing an example of a recent fire in a Waterloo plaza where their resources were sourced and Kitchener resources responded to assist. Councillor J. Smola requested clarification of the response time review. Fire Chief Beckett advised that as part of the Fire Services accreditation process, a Standard Cover Document is reviewed to determine actual data recorded for response times and if Fire Services is meeting the established criteria. If the travel time is not being met then alternative measures are pursued and in respect to the Kiwanis area it has been determined an additional station is not required at this time but rather can be addressed through Direct Detect. Councillor Smola suggested that an 8 man crew should be implemented at Fire Station 2, given it is one of the busiest in terms of emergency calls and in light of ongoing development in the Bridgeport and Kiwanis areas. Fire Chief Beckett stated that staff would want to look at thresholds and call volume data to determine any issues and / or need for action in this regard. He added that he would follow up with the delegation in respect to the unit that has been installed and the impact of the VOIP system being used. 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 J. Gazzola "That Tender T10-029, Food and Concession Paper Products, be awarded to Sysco Toronto, Mississauga, Ontario at their adjusted tendered price of $115,146.83, plus G.S.T. of $5,757.34 and P.S.T. of $9,211.75, for a total of $130,115.92 for one (1) year, with an option to renew for four (4) additional twelve (12) month terms, subject to mutual agreement." - and - "That Tender T10-024, Pool Chemicals and Supplies (Co-operative), be awarded as follows • Acapulco Pools Limited, Kitchener, Ontario at their tendered price of $37,423.75, plus G.S.T. of $1,871.19 and P.S.T. of $2,993.90 for a total of $42,288.84, for the supply of liquid chlorine and heat saver liquid pool cover; • Water & Ice North America Inc., Guelph, Ontario at their tendered price for the awarded items of $65,042.28, plus G.S.T. of $3,252.11 and P.S.T. of $5,203.38 for a total of $73,497.77, for the supply of all other required chemicals and supplies; for one (1) year at a total award price of $115,786.61, with an option to renew for four (4) additional one-year periods; and further, That the City of Kitchener's portion of this co-operative contract is estimated at $61,108.44 plus G.S.T. of $3,055.42 and P.S.T. of $4,888.67 for a total cost of $69,052.53 for one (1) year." - and - "That Tender T10-056, Lateral Sewer Pipe Bursting, be awarded to McGillivray & Sons Contractors Ltd., St. Agatha, Ontario at their tendered price of $246,250. plus G.S.T. of $12,312.50, for a total of $258,562.50; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Tender T10-030, Stirling Avenue North (King Street East to Weber Street East) Road Reconstruction, be awarded to Terracon Underground Ltd., Brantford, Ontario at their COUNCIL MINUTES MAY 17, 2010 - 139 - CITY OF KITCHENER tendered price of $805,701.88 including provisional items of $93,956.32, plus G.S.T. of $40,285.09., for a total of $845,986.97; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Tender T10-022, Melrose Avenue (Krug Street to Stirling Avenue) Reconstruction, be awarded to Amico Infrastructures (Oxford) Inc., Woodstock, Ontario at their tendered price of $1,375,000. including provisional items and contingencies of $229,057.82, plus G.S.T. of 68,750., for a total of $1,443,750.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Expressions of Interest for the Prequalification of General Contractors and Subcontractors for the Kitchener Public Library Expansion and Civic District Parking Garage Construction be awarded as follows: E10-034 -General Contractors: Belrock Construction Ltd. Concord ON Bird Construction Company Etobicoke ON Buttcon Limited Concord ON Maple Reinders Constructors Ltd. MississaugaON Maystar General Contractors Inc. Vaughan ON Melloul -Blarney Construction Inc. Waterloo ON Percon Construction Inc. MississaugaON E10-035 -Electrical Subcontractors: Accel Electrical Contractors Ltd. Woodbridge ON Black & McDonald Ltd. Culliton Brothers Limited Janick Electric Ltd. J.M.R. Electric OZZ Electric Inc. The Roberts Group Inc. Scarborough ON Stratford ON North York ON Exeter ON Concord ON Kitchener ON E10-036 -Mechanical Subcontractors: Conestogo Mechanical Kitchener ON Culliton Brothers Limited Stratford ON JMR Mechanical Exeter ON Modern Niagara Weston ON Nelco Mechanical Limited Kitchener ON Sutherland-Schultz Cambridge ON The Roberts Group Inc. Kitchener ON E10-037 -Sprinkler Subcontractors None E10-038 -Concrete Formina Subcontractors Alliance Forming Toronto ON Avenue Building Corporation Bolton ON Reimar Construction Corporation Hannon ON Swan & Associates Orangeville ON XDG Construction Ltd. Breslau ON E10-039 - Curtainwall /Glazing Subcontractors: None E10-040 -Communications/IT Subcontractors: Bell Business Markets MississaugaON COUNCIL MINUTES MAY 17, 2010 - 140 - CITY OF KITCHENER Black & McDonald Scarborough ON Cable Assembly Systems Ltd. Brantford ON Demarcation Point London ON Marcomm Concord ON The Roberts Group Inc. Kitchener ON E10-041 -Millwork Subcontractors: None." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Voted on Clause by Clause. Clause 3 -Dealt with under Delegations and Carried, as Amended. Clause 5 -Dealt with under Delegations and Carried. Clause 6 -Dealt with under Delegations and Carried Unanimously, as Amended. Balance of report -Carried. Moved by Councillor K. Galloway Seconded by Councillor G. Lorentz "That the report of the Community Services Committee be adopted." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the report of the Finance and Corporate Services Committee be adopted." At the request of staff, it was agreed to amend Clause 6 of the report, dealing with allocation of grant funding as recommended by the Musagetes Arts & Culture Fund Advisor, to provide for allocations to Open Ears Festival and MT (Multicultural Theatre) Space. The Finance & Corporate Services Committee report was then voted on Clause by Clause. Clause 6 -Carried, as Amended. Balance of report -Carried. At the request of Councillor G. Lorentz, Mr. R. Gosse, City Clerk, agreed to make inquiries to Canada Post in respect to recent correspondence which indicates a postal station is to be located in the Downtown. At the request of Councillor B. Vrbanovic, Mr. R. Regier, Executive Director, Economic Development, agreed to review the process of Downtown street cleaning operations. Councillor B. Vrbanovic referred to the upcoming World Cup from June 11 -July 11, 2010, noting that the City of Toronto was successful in obtaining legislated authority to adjust liquor serving hours by 1 hour from 11:00 a. m. to 10:00 a. m. He pointed out that the authority did not extend to other municipalities; however, a new amendment to the Liquor Licence Act is pending Royal Assent that when given will provide for all Ontario municipalities to have the same authority. In this regard, he requested that the requirements for giving Notice of Motion be waived to allow Councillor K. Galloway COUNCIL MINUTES MAY 17, 2010 - 141 - CITY OF KITCHENER to introduce a motion this date to provide that Mayor Zehr correspond with the Minister of Consumer Services to urge Royal Assent to be given to the pending legislation and in the event it receives Royal Assent, Kitchener also extend its serving hours by 1 hour to 10:00 a. m. during the World Cup. Moved by Councillor K. Galloway Seconded by Councillor B. Vrbanovic "That pursuant to Section 25.7.14 of Chapter 25 (Council Procedure) of the Municipal Code, Council waive the requirement for Notice of Motion with respect to a motion concerning the giving of Royal Assent to pending legislation that would authorize all Ontario municipalities to extend their liquor serving hours in the same manner as the City of Toronto." Carried Unanimously. Moved by Councillor K. Galloway Seconded by Councillor B. Vrbanovic "That Mayor C. Zehr write to the Minister of Consumer Services and to local MPPs urging the Provincial Government to give Royal Assent forthwith to a pending amendment to section 62.1 of the Liquor Licence Act to provide that all Ontario municipalities shall have the same control over liquor serving hours as the City of Toronto; and further, That in the event the Provincial Government gives the legislation Royal Assent, the City of Kitchener extends its liquor serving hours by 1 hour, commencing at 10:00 a. m. for the period June 11 -July 11, 2010 during the World Cup." Carried Unanimously. Council agreed to the request of Mr. R. Gosse, City Clerk, to add three additional by-laws for three readings this date, including: a Zoning Amending by-law to provide for housekeeping amendments to Zoning By-law 85-1, relative to Clause 3 of the Development & Technical Services Committee report; a by-law to provide for the widening of part of Mansion Street as a public highway; and a by-law to establish and lay out part of Spadina Road as a public highway. Moved by Councillor G. Lorentz 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) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (e) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (f) To confirm all actions and proceedings of the Council. (g) Being a by-law to provide for the widening of part of Mansion Street as a public highway in the City of Kitchener. (h) Being a by-law to provide for the establishing and laying out of part of Spadina Road, as a public highway, in the City of Kitchener. COUNCIL MINUTES MAY 17, 2010 - 142 - CITY OF KITCHENER (i) Being a by-law to amend By-law 85-1, as amended, known as the Zoning B-law for the City of Kitchener -City of Kitchener Housekeeping Amendment. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor J. Gazzola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "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 C. Weylie "That the by-laws be given third reading, namely: (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2010-089) (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. 2010-090) (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. 2010-091) (d) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (By-law No. 2010-092) (e) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2010-093) (f) To confirm all actions and proceedings of the Council. (By-law No. 2010-094) (g) Being a by-law to provide for the widening of part of Mansion Street as a public highway in the City of Kitchener. (By-law No. 2010-095) COUNCIL MINUTES MAY 17, 2010 - 143 - CITY OF KITCHENER (h) Being a by-law to provide for the establishing and laying out of part of Spadina Road, as a public highway, in the City of Kitchener. (By-law No. 2010-096) (i) Being a by-law to amend By-law 85-1, as amended, known as the Zoning B-law for the City of Kitchener -City of Kitchener Housekeeping Amendment. (By-law No. 2010-097) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 11:40 p. m. MAYOR CLERK COUNCIL MINUTES MAY 17, 2010 - 144 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That Development and Technical Services Department report DTS-10-050 be received for information and submitted to the Regional Municipality of Waterloo in fulfilment of Clause 22.1 of the Administrative Agreement between the City of Kitchener and the Regional Municipality of Waterloo regarding delegated authority. 2. That the Region of Waterloo and its contractor(s) be exempt from the provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6 Construction Work during the Victoria Street South Watermain project in the City of Kitchener, between the hours of 7:00 p. m. and 7:00 a. m. for the duration of one (1) weekend in June/July 2010. 3. That Zone Change Application ZC 10/01/COK/SR (Housekeeping By-law), representing comprehensive changes to Zoning By-law 85-1, be approved, without conditions, in the form shown in the "Proposed By-law", attached to Development and Technical Services Department report DTS-10-065, as amended to remove reference to 97 Victoria Street North (as consolidated with 87 and 91 Victoria Street North) to provide for further consideration of the proposed re-zoning of the said property to be deferred to the June 14, 2010 Council meeting. (Dealt with under Delegations and Carried, as Amended) That the City of Kitchener acknowledge that INCC Corporation proposes to name private roads within the Ira Needles development located at Ira Needles Boulevard between Glasgow Street and University Avenue; and, That in the interest of providing clear locational information to emergency service providers, it is preferable to establish a system of coherent civic addresses and public way-finding for the purpose of road naming only; and, That Legal Services be directed to proceed with the required advertising and preparation of the necessary by-law for the naming of the private roadways; and further, That the design and location of signage for the proposed roadways be approved by the City's Director of Transportation and the City's Supervisor of Site Plan Development. That the Premier of Ontario be urged to direct Ontario Power Generation to put its coal-fired electricity generating plants immediately on standby reserve, only to be operated if absolutely necessary to meet the electricity needs of Ontario. (Dealt with under Delegations and Carried) That the City of Kitchener Development Manual be adopted and in force as of Council's approval; and, That the City of Kitchener Development Manual be reviewed by staff on or before May 1, 2012; and, That the General Manager of Development and Technical Services be authorized to approve minor changes to the Development Manual as needed; and further, That one (1) engineering inspector (full time) be approved as of June 1, 2010, to provide quality assurance on subdivisions and site plans to be funded from engineering administration review fees of subdivisions and site plans. (Dealt with under Delegations and Carried Unanimously, as Amended) That the City enter into a Management Agreement with the Waterloo Region District School Board with respect to the redevelopment and operation of Lot 12 Green Street as a public surface parking lot at Kitchener Collegiate Institute; and, COUNCIL MINUTES MAY 17, 2010 - 145 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) (Cont'd) That the user fees be established at an hourly rate of $2.35, a daily maximum of $9.00 and a monthly rate of $81.99 plus tax, and that Bylaw 88-169 be amended accordingly; and, That a request from the Community Services Department for funding in the amount of $161,000 in 2012 be referred to the Capital Budget review; and further, That the Mayor and Clerk be authorized to sign such agreement in a form satisfactory to the City Solicitor. COMMUNITY SERVICES COMMITTEE - That the changes to specific areas of the Cemetery fees and charges (tariffs) as outlined in Community Services Department report CSD-10-035, be approved; and, That the Manager of Cemeteries be authorized to forward the revised tariffs to the Ministry of Small Business and Consumer Services, Cemeteries Regulation Unit, for approval; and further, That additional revenues accrued from the premium associated with the new lots created at Woodland Cemetery in Sections 2S, 2T, MJ and MC, be directed to pay down the outstanding enterprise debt on the capital developments in Section G (Stoney Ridge) at Williamsburg Cemetery. 2. That the Mayor and Clerk be authorized to execute a Guarantor Agreement, subject to the satisfaction of the City Solicitor, with the Kitchener Blues Community Inc. and any other parties to the transaction as required, such that the City will act as the guarantor fora $20,000. Ontario Cultural Attraction Fund loan from the Ontario Ministry of Culture to the Kitchener Blues Community Inc. for the purpose of operating the 2010 Kitchener Blues Festival. 3. That the Youth Services Strategy 2010, as attached to Community Services Department report CSD-10-032, be approved; and further, That the implementation of the Youth Services Strategy and actions be referred to the corporate business planning and the annual capital and operating budget processes for consideration. 4 That the draft Parks Master Plan, dated April 2010, be received for information; and further, That subject to the completion of the public review and comment period, the final Parks Master Plan be presented at the June 28, 2010 Council meeting for final consideration. 5. That a Community Arena Supervisor position be approved as an addition to the permanent full- time staff complement. FINANCE AND CORPORATE SERVICES COMMITTEE - That the request of the Cherry Park Neighbourhood Association to sell refreshments and arts and crafts at Cherry Park, 84 Strange Street on July 10, 2010, be approved, provided the necessary licence, including Health approval is obtained. That the request of the Non-Violence Festival to sell food and merchandise in Victoria Park on July 10, 2010, be approved, provided the necessary licences, including Health approval is obtained; and further, That the Non-Violence Festival be granted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code in conjunction with an event in Victoria Park on July 10, 2010 from noon to 9:00 p. m. COUNCIL MINUTES MAY 17, 2010 - 146 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 3. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Westheights Community Church between the hours of 3:00 p. m. and 9:00 p. m. on June 6, 2010. 4. That Condition #4 of the liquor licensing agreement entered into by The City of Kitchener and 1327236 Ontario Inc. (o/a The Museum Cafe), be waived for the period June 9 to 19, 2010 to allow the Museum Cafe to sell and serve liquor until 2:00 a. m. during the Magnetic North Festival 5. That the staff recommendation contained in Chief Administrator's Office report CAO-10-005 (Human Resources Policies Review) be deferred for further consideration to the June 7, 2010 Finance and Corporate Services Committee meeting, pending additional information from staff to address concerns as raised by the Committee at its meeting of May 10, 2010. 6. That on the recommendation of the Musagetes Arts & Culture Fund Advisor, the following grants be made from the Fund, as outlined in Financial Services Department report FIN-10- 076: • The Museum $ 269,037. • Kitchener-Waterloo Art Gallery $ 200,000. • Kitchener-Waterloo Symphony Foundation $ 100,000. • University of Waterloo School of Architecture $ 100,000. • Perimeter Institute $ 50,000. • JM Drama Alumni (Registry Theatre) as support for Open Ears Festival $ 30,000. • Canadian Clay & Glass Gallery $ 25,000. • KW Multicultural Centre as support for MT (Multicultural Theatre) Space $ 20,000. Total $ 794,037.; and further, That on the recommendation of the Musagetes Arts & Culture Fund Advisor, the following grant be made from the Fund, as outlined in Financial Services Department report FIN-10-076, subject to the recipient qualifying as a registered charity: • CAFKA $ 50, 000. (Carried, as Amended) That consideration of licensing motorized ice cream vehicles and a proposed draft by-law to amend Chapter 586 (Refreshment Vehicles) of the Municipal Code to add motorized ice cream vehicles, as outlined in Corporate Services Department report CRPS-10-061 (P. Harris), dated April 29, 2010, be deferred for further consideration to the June 7, 2010 Finance and Corporate Services Committee meeting to provide opportunity for additional dialogue among all interested parties. COUNCIL MINUTES May 17, 2010 - 147 - 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. CRPS-10-055 -Dog Designation Appeal Committee -Appeal of Brent Lavallee Dealt with under Delegations. 3. CRPS-10-067 -Encroachment Agreement -10 Winifred Street Council considered Corporate Services Department report CRPS-10-067 (J. Sheryer), dated May 10, 2010. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner(s) and any mortgagee(s) of the property municipally known as 10 Winifred St. (PIN 22732-0566 LT) to legalize a proposed wooden fence along the side lot line for a length of 29.4m, more or less, and a wooden fence with a gate extending from the side of the house to join up with the wooden fence along the side lot line for a length of approximately 2.72m, over an storm sewer easement registered as Instrument Number LT105877." 4. CRPS-10-068 -Conveyance of Lands -Fairway Road Extension Council considered Corporate Services Department report CRPS-10-068 (L. MacDonald) dated May 13, 2010. It was resolved: "That the lands located at the intersection of Woolner Drive and Zeller Drive, in the City of Kitchener, owned by the Corporation of the City of Kitchener, described as Part Block 29, Plan 58M-392, being Part 24, Plan 58R16576, be declared surplus to the City's needs for the purposes of conveyance to The Regional Municipality of Waterloo for purposes of the construction of the Fairway Road extension; and further, That the Mayor and Clerk be authorized to execute an Agreement with The Regional Municipality of Waterloo and any further documentation in this regard required by and to the satisfaction of the City Solicitor." 5. Association of Municipalities of Ontario -Joint & Several Reform Paper Council considered correspondence from the City of Waterloo advising of its support for the Association of Municipalities of Ontario's efforts. It was resolved: "That the City of Kitchener supports the Association of Municipalities of Ontario in its efforts to seek joint and several liability reform in Ontario and calls on the Provincial Government to pursue much needed changes to the Negligence Act; and further, COUNCIL MINUTES MAY 17, 2010 - 148 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Association of Municipalities of Ontario -Joint & Several Reform Paper - (Cont'd) That copies of this resolution be forwarded to the Premier of Ontario, Ontario's Minister of Finance, Ontario's Attorney General, local Members of Provincial Parliament, the Association of Municipalities of Ontario (AMO), the Municipal Finance Officers' Association of Ontario (MFOA), the Federation of Canadian Municipalities (FCM) and the Big Cities Mayors' Caucus of FCM and the Waterloo Region Municipalities Insurance Pool (WRMIP)." 6. Proposed Parking Agreement with Caden Group (The Tannery) Dealt with under Delegations. 7. Execution of Acknowledgement and Agreement -Lease (August 29, 2000) for Lands Described as Parts 1 and 2, 58R-11898 Council considered Corporate Services Department report CRPS-10-074 (L. MacDonald), arising from in-camera discussion this date. It was resolved: "That the Mayor and Clerk be authorized to execute an Acknowledgement and Agreement, satisfactory to the City Solicitor, with Kitchener Frame Limited, Martinrea International Inc. and the perspective purchaser pertaining to the lands described as Parts 1 and 2 on 58R-11898, which is subject to a Lease, dated August 29, 2000 as amended, with the City of Kitchener." 8. Incorporation of a Corporation under the Business Corporations Act Council considered a matter arising from in-camera discussion this date concerning a request to authorize incorporation of a corporation for the purpose of generating electricity through solar power. It was resolved: "That incorporation of a corporation be authorized under the Business Corporations Act pursuant to sections 142(1), 144(1), 145 and 146 of the Electricity Act, 1998 for the purposes of generating electricity through solar power and transferring any required property or assets, such as debt or grants."