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HomeMy WebLinkAboutCouncil - 2011-04-18COUNCIL MINUTES APRIL 18, 2011 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillor K. Galloway. The meeting began with the singing of "O Canada" by Cathy and Courtney Wolfe, King School of Vocal. Councillor Z. Janecki advised that he wished to note concerns raised by Ms. A. Oja, a member of Heritage Kitchener, regarding comments made by a delegate at the March 21, 2011 Council meeting, in reference to the Upper Doon Community representative of Heritage Kitchener which suggest Ms. Oja, the Committee representative, was in support of the design for a new structure proposed to be built at 215 Old Carriage Drive. Ms. Oja advised Councillor Janecki that at no time was she in support of the structural designs proposed for this property and had expressed her rejection to the City's Heritage Planner; and other than one site visit to the property, she had not participated in any meetings with the owner in respect to site development. On motion by Councillor S. Davey, the minutes of the regular meeting held March 28, 2011 and special meetings held March 28 & April 11, 2011, as mailed to the Mayor and Councillors, were accepted. NOTE: In compliance with the Conflict of Interest Act, Councillor P. Singh declared a pecuniary interest at the April 11, 2011 closed meeting of Council. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL The following individuals received Awards of Merit in recognition of serving on special Committees and Boards as appointed by City Council. An Award of Merit is given for service in excess of 5 years. Recipients personally received their awards presented by Mayor C. Zehr and Councillors B. Vrbanovic and J. Gazzola. Trudy Beaulne Robert Denton Denis Pellerin Jennifer Breithaupt Elizabeth Gallaher Joyce Young The following recipients were unable to attend: Howie Budd; Dan Piedras and, Jason Lane. Messrs. Allan Beaupre, Chair, and Jerry Van Ooteghem, President & CEO, Kitchener-Wilmot Hydro Inc. (KWHI) / Kitchener Power Corporation, attended to present their 2010 Annual Report. Mr. Beaupre advised that the Utility completed its obligation to install smart meters in 2010 and implementation of time of use billing is to follow in 2011. It was noted that electrical distribution and retail transmission rate increases were accepted in May 2010 by the Ontario Energy Board (OEB), which reflect KWHI's investments over the past 4 years and will help take the Utility through the next 4-year period. Mr. Beaupre advised that a new transformer station in the Township of Wilmot (Baden) was brought into service in 2010 and the Utility is leading the way in Conservation Demand Management Programs (CDM) to assist users in becoming more operationally efficient. He stated that KWHI remains in a good financial position, continuing to re-invest in its capital infrastructure and providing excellent service to its customers within the lowest residential rates among the large utilities in the Province. Mr. J. Van Ooteghem reviewed highlights of the Annual Report, noting an increase of 1.7% in customers served in 2010; an increase in kw / hr sales of 2.9%, while experiencing a 10% decrease in average consumption rates; controllable costs that remain among the lowest of the large utilities in comparison to the Provincial average, resulting in an expense to customer ratio of $141.78 (a 2.7% decrease over 2009 resulting in savings of $21.17 per customer); a net income of $8.2M over $4.7M in 2009; $25.1 M in capital investments, including smart meter installations, the new transformer station (Baden) and overhead /underground distribution system expansions; shareholders equity increased by $2.43M; and the current ratio of assets to liabilities remains healthy at 2.05, well above the minimum required by banking covenants. Statistics on customer service reliability were provided, demonstrating the average length of time without power and the average number of interruptions per customers; and customer service quality performance indicators exceeded OEB minimum standard guidelines in all categories. Mr. Van Ooteghem concluded that KWHI continues to support the Ministry of Energy and Infrastructure's commitment to create a culture of conservation, participating in delivery of all Ontario Power Authority's CDM programs and through its own community initiatives. COUNCIL MINUTES APRIL 18, 2011 -92- CITY OF KITCHENER Mr. Beaupre then presented a cheque for the 2010 Reforestation Grant of $40,000., to Mr. D. Chapman, City Treasurer, representing KWHI's commitment to replenish trees removed as a result of maintenance of its hydro lines; as well as, a dividend cheque in the amount of $3.4M. Councillor J. Gazzola questioned if additional staff was hired to undertake capital improvements related to the new transformer station and smart meter installations. Mr. Van Ooteghem advised that KWHI's employee complement in 2010 remained at the same level as in 2009. Councillor Gazzola questioned if the City's financial statements show the City's equity in shares and loans with KWHI. Mr. D. Chapman advised that these figures are included in consolidated financial results and form part of the City's annual financial report. Councillor Z. Janecki questioned how reductions in revenue are mitigated resulting from consumer energy conservation practices. Mr. Ooteghem advised that a portion of rates relate to fixed costs to help off-set, but as consumption decreases so to do revenues and KWHI must work within its funding perimeters, pending opportunity every 4 years to undergo a rate re-basing. Councillor Janecki raised concerns with the average residential consumers' ability to benefit from time of use billing, noting that consumers have little choice in some instances to avoid peak times. Mr. Van Ooteghem responded that consumers who do not change their consumption habits will see little difference as the real advantage is in shifting consumption to off-peak times. He acknowledged that some usage, such as a refrigerator, cannot be shifted but suggested there is opportunity in other usage, such as air conditioning, to shift time of use. Councillor Y. Fernandes questioned if any consideration has been given to a credit policy for seniors and others living on fixed incomes to off-set the rising costs of electricity. Mr. Van Ooteghem noted that effective January 1, 2011 under the Ontario Clean Energy Program, a benefit to all consumers in the form of a 10% discount on hydro bills is being applied to off-set the impact of introduction of the HST and approved rate increases. In effect, while costs have increased by approximately 16% they are currently being off-set by a 10% discount. Mr. Van Ooteghem further noted that there is no option to opt out of time of use billing as it is a mandatory requirement regulated by the Province and is to commence in June 2011. Mr. Beaupre added that as the Province receives approximately 75% of revenues, any meaningful credit would have to come from that level of government. Mr. Thomas Brenner, Vice-Chair, Waterloo Region Crime Prevention Council (WRCPC), attended to present WRCPC's 2010-2014 Strategic Plan entitled "Smart on Crime in Waterloo Region". WRCPC is an advisory committee to Regional Council working to collectively reduce and prevent crime. The Plan promotes addressing the root cause of crime and investing in crime prevention as the "SMART" thing to do and includes the following priority directions: research and inquiry; education and learning; strategic leadership; and organizational development. Mr. Brenner encouraged municipal partnering through provision of programming to address youth engagement; recreation; urban design, planning and green space development; development of neighbourhoods; and social inclusion. Councillor B. loannidis questioned what activities are in place in respect to educational programming in schools. Mr. Brenner advised that representatives from both School Boards and Post Secondary institutions sit on the WRCPC and work in partnership to provide education through such programs as the "Say Hi" day and "WAVE" program. These programs work to break down cultural barriers and provide messaging in regard to misuse of drugs and alcohol. Councillor D. Glenn-Graham inquired as to opportunities for citizens to become involved as part of the Ambassador Program. Mr. Brenner advised that the membership level of those who sit on the Council has reached a capacity such that it has become difficult to engage participants in a meaningful way; and accordingly, a secondary level of participation is being developed at this time that will allow others to contribute in a variety of ways. Councillor J. Gazzola questioned what the impact would be if the WRCPC was non-existent. Mr. Brenner referred back to the "Smart" theme, stressing the importance of crime prevention and intervening with youth before they become involved in crime activities. He suggested that by doing so the community will benefit from a safer future and less costs in policing and social services. Councillor F. Etherington referred to poverty as a root cause and questioned how the WRCPC works with groups who advocate on behalf of low income communities. Mr. Brenner advised that members of the Anti-Poverty Coalition, as well as community members from within low income communities, work with the WRCPC through a number of initiatives and emphasized that advocacy around partnering their work with social services is important in addressing low income communities. He COUNCIL MINUTES APRIL 18, 2011 -93- CITY OF KITCHENER added that the WRCPC encourages municipalities and other non-profit organizations to engage youth in recreational programming as a strategy for low income communities. Councillor B. Vrbanovic questioned the degree of networking with other municipalities across the Province in terms of best practices and what level of support for crime prevention has been received from the Federal /Provincial governments. Mr. Brenner advised that $3.8M in Federal funding has recently been awarded to this community for an anti-gang initiative over a 5-year program and annually, Provincial grants are provided to agencies undertaking innovative projects geared toward crime prevention. Mr. Brenner stated that WRCPC would like more involvement at the senior level governments and in particular, is currently pursuing dialogue with the Province in regard to development of a Centre for Excellence. In addition, he confirmed that networking with municipalities across the Province is being undertaken. Councillor P. Singh questioned what the WRCPC considers the greatest hurdle for the Region. Mr. Brenner stated that making a case for more policing and tougher prison sentences is far easier than convincing communities to spend dollars up front on crime prevention. Councillor J. Haalboom, Chair, Regional Heritage Planning Advisory Committee (HPAC) and Lucille Bish, Regional Director of Community Services, presented details of the HPAC's past initiatives and current work plan, including: a Heritage Bridge Study; Scenic Roads Resource Document; Public Building Inventory; and Regionally Significant Heritage Resources. Councillor Haalboom advised that HPAC is currently working on two initiatives, being a study of the impacts of intensification with the goal to ensure that infill enhances surrounding heritage resources; and development of a framework for designation of Cultural Heritage Landscapes for purposes of conservation. Councillor Y. Fernandes questioned if Reidel Drive has been identified as a cultural heritage landscape. Councillor Haalboom advised that Reidel Drive was identified in a 1986 study as one of the top 10 scenic roads but would require further study in respect to a cultural heritage landscape designation. Councillor Fernandes referred to a property at 324 Huron Road dating back to the early 1800's for which development is under discussion, and questioned if the Region has looked at this property. Councillor Haalboom advised that HPAC has not looked at the property as a cultural resource but suggested it would be prudent for the City's Heritage Kitchener Committee to review as it was one of the first properties listed on the City's heritage inventory and relates to one of the first settlers to the area. Councillor Z. Janecki questioned how many cultural heritage landscapes have been approved for designation. Councillor Haalboom advised that work is still being done on development of a plan and implementation policies for Regional Council's approval. Ms. L. Bish added that this is a new concept for which cities across the Province are still defining how best to implement. She stated that HPAC considers that the best solution is to set over-arching policy and implementation guidelines within Official Plans and municipalities will have opportunity to do so in scheduled review of their Official Plans. She added that the Region is preparing guidelines to assist with identification of cultural heritage landscape resources to ensure a consistent approach across the Region. Councillor Janecki questioned if the Region foresees difficulties with this type of designation for lands privately owned. Ms. Bish commented that proposed designation requires consultation with owners of the subject lands and noted that development can occur if it is deemed compatible with the significant features of the cultural heritage landscape. She added that this type of designation may be more amenable as opposed to designation under the confines of a Heritage Conservation District. Ms. Alla Dinnerman, MMM Group Limited and Mr. Robert Bakalarcyk, Ministry of Transportation (MTO), attended to present an update on the new Highway 7 (Kitchener to Guelph) project. Ms. Dinnerman advised that following approval of the original Environmental Assessment (EA) in March 2007 a Value Engineering (VE) Study was commenced in May 2007 to identify improvements for further review. The recommendations of the VE study provide enhanced value, safety and function of the corridor and illustrations were displayed of the various design options for 5 target areas from the Kitchener-Waterloo Expressway interchange to Shantz Station Road. Consultations are now underway to obtain input on the various options, following which an addendum to the EA will be prepared and published for review in spring 2011. The public review period is 30 days during which interested parties have opportunity to request a Part II Order (`bump up'). If no `bump up' is requested the design project will be completed and required property acquisitions will commence, and when funded the project will proceed to construction. COUNCIL MINUTES APRIL 18, 2011 -94- CITY OF KITCHENER Councillor D. Glenn-Graham questioned if there will be impact to businesses at Victoria and Bruce Streets. Ms. Dinnerman advised that the design allows the current footprint with no widening of Victoria Street and MTO will be meeting with area businesses to address issues concerning the crossing. Mayor C. Zehr questioned if the extension from Bruce Street over Victoria Street to connect to Wellington Street is still in the plan and Ms. Dinnerman confirmed it was and will require negotiation of property acquisitions. Councillor Z. Janecki questioned why the VE study was not done before the EA. Mr. R. Bakalarcyk advised that this project has been ongoing for a number of years predating current process wherein a VE study is completed firstly. In this instance, the VE was done after the EA and is being presented by an independent consultant to ensure the integrity of the process. Councillor Janecki inquired when actual construction is expected to begin. Mr. Bakalarcyk advised that the project is not listed on the MTO's 5-year Capital Program but remains committed to building the new highway. He stated that property acquisitions are key to commencement of construction and will require substantial resources and funding. He added that the acquisition process is expected to take a minimum of 2 to 5 years and construction cannot move forward until this process is complete. Councillor Y. Fernandes questioned if concerns of environmentalists are anticipated regarding the number of crossings through natural areas. Ms. Dinnerman advised that most crossings are not associated with significant environmental impacts and the design has reduced the footprint of most interchanges. She added that networking has taken place with environmental agencies on the VE study recommendations and the feedback has been positive. Council considered Clause 4 of the Community and Infrastructure Services Committee report, dealing with allocations from the Arts and Culture Sustainability Fund to the Creative Enterprise Enabling Organization (CEEO), The Museum, Kitchener Waterloo Art Gallery (KWAG) and Kitchener Waterloo Symphony (KWS). Council was also in receipt of a memorandum (C. Ladd), dated April 15, 2011 which provides additional information concerning Tier 1 grant funding to Minor Sports and Arts & Culture /Special Events from 2007 to 2011; and additional information pertaining to the KWAG, KWS and The Museum. Ms. C. Ladd circulated this date revised information pertaining to the three organizations recommended to receive sustainability funds. On motion by Councillor P. Singh, Seconded by Councillor F. Etherington, Clause 4 of the Community & Infrastructure Services Committee report was brought forward for consideration, as amended to delete the referral paragraph in its entirety and provide that allocations from the Arts and Culture Sustainability Fund to the Creative Enterprise Enabling Organization (CEEO), The Museum, Kitchener Waterloo Art Gallery (KWAG) and Kitchener Waterloo Symphony (KWS) be approved. Councillor F. Etherington requested clarification as to why The Museum is recommended to receive a substantially higher amount than the other two organizations. Ms. C. Ladd pointed out that in the funding comparisons provided, the KWAG and KSW is shown to have a 10-year history of receiving grants towards their operating expenses; whereas, The Museum did not receive operating grants until 2008. The larger portion recommended in 2011 is to bring their operating grant in line with the two other organizations. Councillor Z. Janecki requested clarification as to what is intended in providing one time grant allocations. Ms. C. Ladd advised that this type of grant is separate from an operating grant and is applied to specific programming, such as the KWS's Victoria Day project. She added that the sustainability funding proposed for The Museum allows introduction of funding toward operating costs until such time as the City can build an operating grant into its base budget for the organization. Mayor C. Zehr added that the one time grants are not built into the base budget so that it is not assumed the funding will be available each year. Councillor J. Gazzola raised concerns with the increased level of cultural grants as a result of the $1 / capita philosophy and questioned if similar grant funding is being contributed by other area municipalities. Ms. C. Ladd provided background information on development of the $1 /capita philosophy, which intends a 1/3 split between the three cities, a substantially higher contribution from the private sector, and a lower funding amount from other levels of government due to funding program restrictions. She advised that the Region of Waterloo and the City of Waterloo are contributing based on $1 /capita and the City of Cambridge has committed to reach this level in 2012. She added that one of the first areas of focus for the new CEO of the Creative Enabling COUNCIL MINUTES APRIL 18, 2011 -95- CITY OF KITCHENER Enterprise will be to determine how the organization may enter into funding partnerships with the private sector. It was pointed out that as anot-for-profit organization, it is not in a position to provide grants directly and to do so it would have to establish another arm of the organization which is being considered. Councillor Gazzola questioned if it is expected the same organizations will be beneficiaries of the sustainability funding on a permanent basis. Ms. Ladd advised that from a staff perspective that is the intent as they are considered to be the anchor organizations and are key to creating a sustainable base for smaller arts/culture organizations. Councillor Z. Janecki questioned what the funding proposed to be allocated to the CEEO and KWAG is to be used for. Ms. Ladd advised that the $20,000 recommended for the CEEO has not been requested by the organization but rather representatives of the area municipalities have met to determine how to allocate sustainability funding on a consistent basis and are recommending start up funding, to be matched by the CEEO from private donations, toward development of sustainable programming for smaller arts & culture organizations. Ms. Judith Stephens-Wells, President, KWAG, advised that their $40,000 funding allocation will be used to enhance tutorial, educational and outreach programs, as well as maintenance and acquisitions to collections. She added that the organization is retaining a new Executive Director who will lead in a fundraising campaign and a decrease in service provision at the same time they would be attempting to raise funds would be difficult to manage. Councillor Janecki inquired why the $40,000 was not included in the organizations original budget request. Ms. Stephens-Wells advised that the funding was identified under the Arts and Culture sustainability Fund, separate from their operating request, in recognition that the City is not in a position at this time to commit to this funding on an ongoing basis but she expressed the hope that it will be supported again next year. Mayor Zehr added that requests for similar funding would likely be made again in 2012 but it would be up to Council to decide at what level to fund and where the funding will come from. Councillor Janecki requested clarification as to where the total allocation of $220,000 is to come from. Ms. C. Ladd advised that it was decided to finance the allocations through the Economic Development Investment Fund (EDIF) in 2011. Beyond 2012 it is hoped that the City will be in position to provide a base operating budget that will flow through to the operating budgets of these organizations. Councillor P. Singh questioned what the funding allocated to The Museum is to be used for. Mr. David Struke, President, The Museum, advised that the additional dollars will permit opportunity to significantly grow visitation levels by developing strategy to broaden programming and attract high caliber exhibits; and by leveraging those dollars to raise alternate sources of funding. Mr. Struke further advised that 4 to 5 years previously The Museum had investigated other institutions funded through a 1/3 model and subsequently worked with the City of Kitchener to implement a similar model. The organization receives $600,000. representing approximately 20% of its overall budget of $2.8M and in comparison to other like institutions, has found that they are bringing in greater numbers at a lower funding level demonstrating the City is receiving good value at less cost. Councillor Vrbanovic questioned how the additional dollars will enhance The Museum's programming. Mr. Struke advised that in the past it has been difficult to plan far enough in advance to attract high caliber exhibits because of the uncertainty sufficient monies will be available; whereas, under the current model, the organization has stable funding that can be counted on in planning of larger exhibits to bring in more visitors to the site. Councillor F. Etherington noted that the amount given to Minor Hockey each year in the range of $468,000. which is substantially higher than any of the 3 organizations being discussed and he questioned if this is a fair comparison. Mayor C. Zehr pointed out that while the minor sports grant amount referred to is correct, it must also be considered in the context of capital investments in that, the City provides the facilities and staffing for minor sports groups which is not the case with the arts / culture groups; and therefore, a comparison between the two cannot be viewed as apples to apples. Councillor S. Davey referred to an earlier request for a comparison to other area cities in respect to Kitchener's per capita contribution to arts & culture. Ms. Ladd advised that of all area municipalities, except for the Region of Waterloo, Kitchener has the highest contribution per capita. Ms. Ladd advised that the Cities of Waterloo and Cambridge contribute less and would attempt to provide information on the spending levels for the two cities. Councillor J. Gazzola commented that while he supports funding for arts & culture he could not support the motion, as he had envisioned the sustainability fund would help fund smaller organizations and start up groups. He added that the City's contributions over the past 10 years has increased by 20%, with the amounts given to the three organizations also increasing substantially and COUNCIL MINUTES APRIL 18, 2011 -96- CITY OF KITCHENER he was opposed to sustainable funds being given again to these organizations as he had hoped it would be shared among all arts & culture groups. Mayor C. Zehr expressed the opinion it was part of the City's role to provide base funding to ensure a vibrant arts & culture community and the funding also assists in leveraging other sources of funding from the private sector and senior governments. He agreed that the other two cities in the Region need to increase their contributions per capita but it does not negate Kitchener's responsibility to support the arts & culture community. Mayor Zehr added that municipal dollars which may be directed through the CEEO to smaller arts & culture groups are important so that those smaller organizations actually do receive funding, with the intent being to leverage that with the commitment they have made to match at least those numbers of dollars. He further noted that The Museum has consistently asked for funding because they have no base funding from any area municipality. Mayor Zehr expressed the opinion that sustainable funding is needed to ensure these organizations remain viable into the future and is about community building. Moved by Councillor P. Singh Seconded by Councillor F. Etherington "That Clause 4 of the Community & Infrastructure Services Committee report of this date, as amended by deleting the referral paragraph in its entirety, be adopted." Voted on in two separate parts by recorded votes: Allocation to KW Symphony -Carried. In Favour: Mayor C. Zehr and Councillors D. Glenn- Graham, B. loannidis, Z. Janecki, S. Davey, B. Vrbanovic, F. Etherington and P. Singh Contra: Councillors J. Gazzola and Y. Fernandes Absent: Councillor K. Galloway Balance of Clause 4 -Carried. In Favour: Mayor C. Zehr and Councillors D. Glenn- Graham, B. loannidis, S. Davey, B. Vrbanovic, F. Etherington and P. Singh Contra: Councillors J. Gazzola, Z. Janecki and Y. Fernandes Absent: Councillor K. Galloway Motion Carried. Council then considered Clause 2 of Planning & Strategic Initiatives Committee report, dealing with approval of 2011 Local Environmental Action Fund (LEAF) grant applications, as recommended by the LEAF Steering Committee, and deferral of the Community Renewable Energy Waterloo (CREW) application to the May 30 Planning & Strategic Initiatives Committee meeting. Moved by Councillor B. Vrbanovic Seconded by Councillor Z. Janecki "That Clause 2 of the Planning & Strategic Initiatives Committee report of this date be adopted." Carried. Mr. L. Gordon, Director of Supply Services, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. In regard to Quotation Q11-023 (Front Wheel Drive SUVs), Councillor B. Vrbanovic questioned if consideration is being given to purchase more fuel efficient vehicles. Ms. P. Houston advised that an annual review of equipment is conducted and where feasible fuel efficient vehicles are introduced and COUNCIL MINUTES APRIL 18, 2011 -97- CITY OF KITCHENER have been implemented in several work areas. In this case, existing SUVs are being replaced with the same type of model due to a number of factors related to lower maintenance /longer lifespan of the model and the use of substantial equipment that must be carried in the vehicle. Councillor J. Gazzola requested clarification concerning the tenders for road reconstruction on Heiman Street and Huron Road. Ms. S. Allen, Manager, Engineering Design & Approvals, advised that the Heiman Street project is to be completed in 2 phases which includes reconstruction of a portion of Highland Road as well in 2013. The construction cost shown incorporate both phases of the project. Mr. B. Korah, Manager, Development Engineering, advised that the tender for the Huron Road project came in under budget at $9.8M versus the project estimate at $10.7M; however, the total savings on this project will not be known until its completion due to other aspects such as the outcome of land acquisitions. Councillor J. Gazzola raised concerns with the $200,000 shortfall related to the road reconstruction tender for Kent Avenue. Mr. S. Allen advised that staff is requesting the shortfall be funded from budgeted uncommitted funds as part of the tender approval. Mayor C. Zehr suggested that more detail in this regard be included in future reports. Councillor Fernandes expressed the opinion that projects having substantial shortfalls should not be approved regardless of how it is proposed to fund the shortfall and would not support this tender. Councillor Gazzola commented that during budget discussions he had asked that the Capital Budget be reduced by 10% overall, suggesting that because a number of the tenders this date have come in under budget it would appear to have been feasible to do so. Councillor Z. Janecki requested clarification as to the difference in cost estimate versus the tender results for the Kent Avenue project. Mr. Allen advised that the project was complicated by ground water issues. He noted that the estimate was derived in August 2010 for budget purposes and subsequently, in the design process challenges related to ground water were identified that changed the scope of the project and which were unknown at budget time. Councillor Janecki questioned the impact of not approving the tender. Mr. Allen advised that the project would not go ahead as planned this year and would have to be revisited again in 2012. He reminded Council, however, that the road reconstruction projects coming forward at this time are those that have been identified as the "worst of the worst" in terms of needed repairs. Councillor D. Glenn-Graham questioned the feasibility of deferring the tender to provide opportunity for additional background on the cost over-runs to be provided. Mr. Allen responded that he could not say definitively when the infrastructure would fail but in deferring the tender, the City would be taking on risk as the longer the work is delayed the more likelihood of failure. Mayor Zehr questioned what specifically Councillor Glenn-Graham would require in terms of additional information given the explanations given this date; and questioned what difference would be gained in deferral given that the next lowest bid has a differential of $140,000 and if delayed for re-tendering is likely to be problematic in terms of timing. Councillor Glenn-Graham stated that his intent was not to re-tender but rather to provide opportunity for further consideration of the tender at a later date. Ms. P. Houston raised concerns with deferral of the project, commenting that it is unlikely lower pricing would be achieved if delayed to 2012 and if delayed to later in 2011, the likelihood of higher pricing remains as the advantages associated with early tendering is lost. She pointed out that Council has previously received information as to how roads are analysed and prioritized for reconstruction, and in addition Council will receive further orientation on the Asset Management Program as it relates to the capital expenditure approval process on May 9. Mr. L. Gordon added that as a result of early tendering, the City received 8 responses and if delayed, the number of bids will substantially decrease as contractors take on other work. Mr. Gordon advised that it was his opinion the City is getting the lowest possible bid at this time. Councillor J. Gazzola questioned the feasibility of changing the scope of the project for re-tendering. Mr. Allen responded that the existing tender has been limited to those items which are necessary and does not include any luxury items. Councillor B. Vrbanovic commented that the scope of the work desired was discussed and budgets approved, and Council's role now is to ensure the tender process was conducted in a fair manner and does not open the City to liability. He stated that appears to have been done and given the next lowest bid is at $140,000 difference, he would have concern in not going ahead at this time given the likelihood of future increased costs. Councillor Fernandes commented that notwithstanding budgets have been approved, some projects are significantly over budget and it is incumbent to ensure public funds are expended responsibly. Councillor Gazzola suggested that consideration of tenders is Council's opportunity to have a second look and if it is decided not to approve a tender it is part of the decision making process. Councillor F. Etherington commented that Kent Avenue is in grave condition and was of the opinion the work should proceed COUNCIL MINUTES APRIL 18, 2011 -98- CITY OF KITCHENER as waiting a year will almost certainly see higher costs and area residents have expressed a desire for the improvements to be done. Moved by Councillor J. Gazzola Seconded by Councillor B. loannidis "That Tender T11-013, Road Reconstruction -Kent Avenue (Schneider Creek to Charles Street East, be awarded to J. Weber Contracting Limited, Breslau, Ontario at their tendered price of $1,762,154,00. including provisional items and contingencies of $353,416. plus H.S.T. of $229,080.02, for a total of $1,991,234.02 and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." A recorded vote was requested. In favour: Mayor C. Zehr and Councillors J. Gazzola, D. Glenn-Graham, B. loannidis, S. Davey, B. Vrbanovic and F. Etherington. Contra: Councillor Z. Janecki, Y. Fernandes and P. Singh Absent: Councillor K. Galloway Motion Carried. Moved by Councillor J. Gazzola Seconded by Councillor B. loannidis "That Tender T11-009 Supply and Install Snow and Ice Removal Equipment (Three Units), be awarded to Viking Cives Ltd., Mount Forest, Ontario, at their tendered price of $298,560.00, plus H.S.T. of $38,812.80, for a total of $337,372.80." - and - "That Tender T11-012- Road Reconstruction, Heiman Street (Highland Road East to Mill Street), be awarded to 410754 Ontario Limited, o/a Sousa Concrete, Branchton, Ontario at their tendered price of $556,179.20, including provisional items and contingencies of $110,710., plus H.S.T. of $72,303.30, for a total of $628,482.50; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Quotation Q11-023 -Two (2) 1,995 kg (4,400 Ib) Front Wheel Drive SUV's, be awarded to Maclver Dodge Limited, Newmarket, Ontario, at their adjusted price of $38,334.50, plus H.S.T. of $4,983.49, for a total adjusted price of $43,317.99." - and - "That Expression of Interest E11-006, Consultant Services -Traffic Operations Analysis (Block Line Road from Homer Watson Boulevard to Westmount Road), be awarded to HDR Corporation, Cambridge, Ontario at their estimated fee of $46,387., including disbursements of $1,700., plus H.S.T. of $6,030., for a total of $52,417., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Quotation Q11-015 -Cleaning Equipment - CMF, be awarded as follows: COUNCIL MINUTES APRIL 18, 2011 -99- CITY OF KITCHENER • Item #1, Floor Scrubber Taski Swingo 7556 to Wood Wyant Canada Inc., Mississauga, Ontario at their quoted price of $7,649.69 plus H.S.T.; and, • Item #2, Floor Scrubber Taski Swingo 12558 to Wood Wyant Canada Inc., Mississauga, Ontario at their quoted price of $10,956.90 plus H.S.T.; and, • Item #3, Floor Scrubber Windsor Saber Blade 16 to Wood Wyant Canada Inc., Mississauga, Ontario at their quoted price of $3,460.75 plus H.S.T.; and, • Item #5, Battery Powered Walk Behind Vacuum to Frank's Maintenance Products Inc., Kitchener, Ontario at their quoted price of $3,059. plus H.S.T.; and, • Item #6, Battery Powered Walk Behind Sweeper to Frank's Maintenance Products Inc., Kitchener, Ontario at their quoted price of $1,879. plus H.S.T.; and, • Item #7, Carpet Extractor to Wood Wyant Canada Inc., Mississauga, Ontario at their quoted price of $6,572.86 plus H.S.T.; and, • Item #8, Cleaning Supply Carts to Flexo Products Limited, Niagara Falls, Ontario at their quoted price of $609., plus H.S.T.; and, • Item #9, Backpack Vacuums and Accessories to Ralston Distributors, Kitchener, Ontario at their quoted price of $362.75, plus H.S.T.; and, • Item #10, Totes on Wheels to Ralston Distributors, Kitchener, Ontario at their quoted price of $1,300., plus H.S.T.; and, • Item #11, Wet/Dry Vacuums to Wood Wyant Canada Inc., Mississauga, Ontario at their quoted price of $695.26, plus H.S.T.; and, • Item #12, Flat Bed Carts to Superior Solutions Ltd., Cambridge, Ontario at their quoted price of $650., plus H.S.T.; and, • Item #13, Micro Fiber Mopping System to Ralston Distributors, Kitchener, Ontario at their quoted price of $483., plus H.S.T.; and, • Item #14, Upright Vacuums to Ralston Distributors, Kitchener, Ontario at their quoted price of $2,874., plus H.S.T." - and - "That Tender T11-008, Huron Road Reconstruction (Strasburg Road to Fischer-Hallman Road) be awarded to E. & E. Seegmiller Limited, Kitchener, Ontario at their tendered price of $9,897,321., including provisional items and contingencies of $1,031,825., plus H.S.T. of $1,286,651.73, for a total of $11,183,972.73; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Expression of Interest E11-018, Consultant Services -Building Vibration Monitoring - Halls Lane Reconstruction, be awarded to OZA Inspections Ltd., Grimsby, Ontario at their estimated fee of $45,259.50, including contingency fee of $4,114.50, plus corrected H.S.T. amount of $5,883.73, for a total of $51,143.23, based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Expression of Interest E11-019, Consultant Services -Building Displacement Monitoring - Halls Lane Reconstruction, be awarded to Monir Precision Monitoring Inc., Mississauga, COUNCIL MINUTES APRIL 18, 2011 - 100 - CITY OF KITCHENER Ontario at their estimated fee of $50,325. including contingency fee of $4,575., plus H.S.T. of $6,542.25, for a total of $56,867.25, based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Moved by Councillor P. Singh Seconded by Councillor F. Etherington "That the report of the Community & Infrastructure Services Committee be adopted." Voted on Clause by Clause Clause 4 -Dealt with under Delegations and Carried, as Amended, on a recorded vote. Balance of report -Carried. Moved by Councillor J. Gazzola Seconded by Councillor S. Davey "That the report of the Finance and Corporate Services Committee be adopted." Councillor B. Vrbanovic questioned if the tender specifications to be developed for replacement of the Council Chamber audio /visual conference system, relative to Clause 7 of the report, would come back to Council for review prior to commencing the tendering process. Following discussion, Mayor C. Zehr suggested and it was agreed, that staff would provide the written specifications by email to members of Council for comment prior to tendering the project. Councillor J. Gazzola inquired as to the feasibility of advancing the timing to provide for installation earlier than the summer of 2012. Mr. D. Chapman advised that discussions will be undertaken to determine options for advancement of the installation process and the information will be brought back for Council's consideration and decision. The report of the Finance and Corporate Services Committee was then voted on Clause by Clause Clause 6 -Carried. Recorded Pecuniary Interest and Abstention: Councillor P. Singh as his spouse is employed by Sun Life Financial. Balance of report -Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor F. Etherington "That the report of the Planning & Strategic Initiatives Committee be adopted." Council considered Community Services Department report CSD-11-058 (A. Pinard), dated April 13, 2011, relative to Clause 2 of the report, dealing with Zone Change Application ZC09/06/COK/HH (Victoria Street North Mixed Use Corridor). The recommendation in report CSD-11-058 proposes amendments to Clause 2 as a result of housekeeping modifications made to the proposed by-law to address typographical errors and minor redundancies. The amendment provides that the date of the proposed by-law referred to in Clause 2 be changed to April 13, 2011 and the report number to CSD- 11-058. The report of the Planning & Strategic Initiatives Committee was then voted on Clause by Clause Clause 1 -Carried, as Amended Recorded Pecuniary Interest and Abstention: COUNCIL MINUTES APRIL 18, 2011 - 101 - CITY OF KITCHENER Councillor P. Singh as his family has interests in properties in the area. Clause 2 -Dealt with under Delegations and Carried. Moved by Councillor Z. Janecki Seconded by Councillor Y. Fernandes "That the report of Heritage Kitchener be adopted." Carried. Councillor F. Etherington gave notice at the April 11, 2011 Community and Infrastructure Services Committee meeting that he would introduce a motion this date to reconsider Council's decision of March 28, 2011 to grant a Community Tier 2 Grant (Arts, Culture and Community) in the amount of $6,000. to Neruda Productions for festival events organized by the group. Councillor Etherington advised that the intent of reconsideration is to ask that Council consider increasing the grant amount to $12,000., with the funds to be used by Neruda at their discretion in financing their upcoming events. Moved by Councillor F. Etherington Seconded by Councillor P. Singh "That Council reconsider its decision of March 28, 2011 to approve a Community Tier 2 Grant (Arts, Culture and Community) in the amount of $6,000. to Neruda Productions for upcoming festival events organized by the group." Carried, with required 2/3 majority. A motion by Councillor F. Etherington, seconded by Councillor P. Singh, was then brought forward for consideration to provide that the 2011 Community Tier 2 Grant (Arts, Culture and Community) approved to Neruda Productions for their upcoming festival events be increased from $6,000. to $12,000., and the organization be permitted to use the funding at their discretion in financing their 2011 cultural events. A motion by Councillor J. Gazzola, seconded by Councillor Y. Fernandes, was brought forward for consideration to amend Councillor Etherington's motion to provide that the 2011 Community Tier 2 Grant for Neruda Productions be increased from $6,000 to $9,000. to be used at the organization's discretion. Councillor Etherington advised that he would not support the amendment proposed as the organization has indicated that the $12,000 recommended is needed in order to conduct their events. Councillor B. Vrbanovic suggested that given diversity is a key focus of the City's Strategic Plan, this is the kind of organization Council should support to ensure new Canadians and emerging cultural sectors thrive. Councillors Gazzola and Fernandes commented that the primary concern of the organization had been that they be allowed to use whatever funding was approved to their own discretion in preparing for their events and suggested that decreasing the additional dollar amount from $12,000 to $9,000 would not have significant impact to their planned cultural events. Councillor Etherington reminded Council that the organization's original grant request was $20,000, which was reduced at Committee to $6,000. Councillor Gazzola's amending motion to provide that the 2011 Community Tier 2 Grant for Neruda Productions be increased from $6,000 to $9,000. to be used at the organization's discretion, was then voted on and Lost. Moved by Councillor F. Etherington Seconded by Councillor P. Singh "That the 2011 Community Tier 2 Grant (Arts, Culture and Community) approved to Neruda Productions for their upcoming festival events be increased from $6,000. to $12,000., and the organization be permitted to use the funding at their discretion in financing their 2011 cultural events." Carried. COUNCIL MINUTES APRIL 18, 2011 - 102 - CITY OF KITCHENER Councillor D. Glenn-Graham gave notice, as listed under Item 8 b) of the agenda, that he would introduce a motion this date for Council's consideration to direct staff to work with the Region of Waterloo and the City of Waterloo, under the Joint Services Committee, to pursue an "open streets initiative" whereby King Street would be open between Kitchener City Hall and the Waterloo Town Square on specified Sundays to pedestrians, cyclists and businesses; and that a report be brought forward for consideration to the Community and Infrastructure Services Committee as to the feasibility of this initiative and to identify options that could potentially allow the initiative to commence in the summer of 2011. Moved by Councillor D. Glenn-Graham Seconded by Councillor P. Singh "That under the auspices of the Joint Services committee, staff be directed to work with their Waterloo City and Regional counterparts towards an 'open streets initiative' to encourage walking and biking on a limited time on possible Sunday(s) in 2011; and further, That the staff report back to the May 30, 2011 Community and Infrastructure Committee meeting on the feasibility of the initiative, identifying options for a viable way to open King Street between Kitchener City Hall to Waterloo Town Square to pedestrians, cyclists, and businesses on Sundays commencing this summer." Carried. Councillor D. Glenn-Graham gave notice, as listed under Item 8 c) of the agenda, that he would introduce a motion this date for Council's consideration to direct staff to report to the Finance and Corporate Services Committee as to the feasibility and implications, including costs and benefits, of establishing a program to provide financial assistance for patients using home dialysis given significant increases in fees associated with water usage. Councillors S. Davey, Z. Janecki and J. Gazzola raised concerns regarding the appropriateness of considering the motion, given it is a health related issue which is not a mandate of local government but rather the Provincial Government. Councillor Gazzola stated that he would be prepared to support a letter of support for circulation to the Provincial Government but was of the opinion it was not appropriate to ask City staff to report on matters outside their expertise. Mayor C. Zehr advised that several municipalities have endorsed a similar resolution and pointed out that Council is not being asked at this time to approve funding but rather is requesting a report to come forward at future date for consideration. He added that while the City does not normally consider health related matters, this issue relates to water usage which is a municipal responsibility. Mr. D. Chapman, Deputy CAO & City Treasurer, Finance and Corporate Services, advised that if the motion is passed, staff will require sufficient time to bring forward a report and pointed out that if Council should decide to establish a funding program, it cannot be funded under the Utility and will instead have to be funded through the tax base. Councillor D. Glenn-Graham stated that the intent is to determine the feasibility of such a program at the local level and if determined that responsibility should fall to the Province, then he would anticipate a motion to be passed to that effect. Moved by Councillor D. Glenn-Graham Seconded by Councillor Y. Fernandes "WHEREAS it is now possible for patients to receive home dialysis; and, WHEREAS it is in the best interest of the patient and all levels of government for citizens to receive care at home; and, WHEREAS home dialysis may financially impact the patient due to significant increase in water usage; BE IT RESOLVED that Staff be directed to report to the Finance and Corporate Services Committee on the feasibility and implications, including potential costs and benefits, of establishing a program to provide financial assistance for those patients utilizing home dialysis." Carried. COUNCIL MINUTES APRIL 18, 2011 - 103 - CITY OF KITCHENER Councillor B. Vrbanovic questioned the timing of a pending report on the Cycling Master Plan and if the report will further address staffing related matters. Ms. P. Houston, Deputy CAO, Infrastructure Services, advised that partial funding for staffing in the amount of $50,000 was approved during the 2011 budget process. She added that a report is to come forward on May 30, 2011 which will encompass a review of activities proposed for 2011, as well as, options for advancing the program in 2012. At the request of Councillor Vrbanovic, Ms. Houston agreed to include options and implications of reallocating $50,000 to $100,000 from the lowest priority projects in the roads budget to the Cycling Master Plan relative to the issue of staffing, should there be a desire of Council to do so. Councillor Y. Fernandes raised concerns in regard to the timing of receipt of agenda materials, noting that reports are often dated one week to 10 days prior to when they are actually circulated with the agendas. She commented on the difficulties of maintaining alive /work balance, pointing out that substantial time is required to read through all agenda materials provided in addition to attending work related commitments. She asked that staff review the agenda process to determine what would be necessary to allow Council to receive their packages on the Wednesday prior to a meeting date rather than on the Friday to provide additional opportunity to review the materials and if necessary, to ask questions of staff in advance of the meeting. Ms. C. Ladd responded that staff is prepared to look at the process to determine what may be viable to advance the timing of circulation and would report back late in May, with the intent to develop a consistent approach to the circulation process. In the interim, she advised that staff would endeavour to have lengthy reports to Council as early as possible for the next Standing Committee and Council meetings. Councillor P. Singh questioned the feasibility of emailing reports as soon as they are finalized. Ms. Ladd raised concerns with a piecemeal approach in that, Council would not know when they have received the full agenda package and would be responsible for retaining the reports pending consideration which could lead to the possibility of reports being mislaid and/or missed entirely. Councillor J. Gazzola requested on update on the City's position in regard to use of automated meter reading for gas and water meters. Mr. D. Chapman advised that Kitchener Utilities is currently undergoing a pilot program for automated meter reading of water usage encompassing 100 households. A similar pilot for gas usage is also to be introduced soon and as part of the next steps, a report to Council will come forward later in 2011 detailing outcomes of the pilot program. Councillor F. Etherington referred to an earlier request he had made for additional information concerning needed repairs to the bridge crossing over Victoria Park Lake to the center island. Ms. P. Houston, advised that in speaking with the Director of Operations, it was her understanding that a change in Building Code regulations has necessitated changes to the bridge structure related to spacing of the vertical railings and would report back as to the timing of this work. Council agreed to the request of Mr. R. Gosse, City Clerk, to add one additional by-law for three readings this date, being a zoning amending by-law relative to Clause 1 of the Planning & Strategic Initiatives Committee report. Moved by Councillor P. Singh Seconded by Councillor Z. Janecki "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (b) 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. (c) To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (d) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (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. COUNCIL MINUTES APRIL 18, 2011 - 104 - CITY OF KITCHENER (f) To confirm all actions and proceedings of the Council. (g) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -City of Kitchener. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor S. Davey as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor S. Davey Seconded by Councillor B. Vrbanovic "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 P. Singh Seconded by Councillor Z. Janecki "That the by-laws be given third reading, namely: (a) 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. 2011-052) (b) 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. 2011-053) (c) To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2011-054) (d) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2011-055) (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. 2011-056) (f) To confirm all actions and proceedings of the Council. (By-law No. 2011-057) (g) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -City of Kitchener. (By-law No. 2011-058) COUNCIL MINUTES APRIL 18, 2011 - 105 - CITY OF KITCHENER be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 11:30 p.m. MAYOR CLERK COUNCIL MINUTES APRIL 18, 2011 - 106 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - 1. That the Mayor and City Clerk be authorized to execute an Authorized Requestor Agreement with the Ministry of Transportation, subject to the satisfaction of the Office of the City Solicitor, to obtain vehicle ownership information relating to by-law enforcement investigations. 2. That the 2010 Stormwater Management Annual Audit Report, prepared by AECOM be received and endorsed; and further, That staff review Stormwater Management Policy I-1135, dated December 10, 2001 and present recommendation to Council on or before December 31, 2011. 3. That the following traffic calming measures be installed on Upper Canada Drive: • Spring/summer/fall speed hump near #25 Upper Canada Drive; and, • Raised crosswalk in front of Pioneer Park Public School (near #60 Upper Canada Drive); and, • Speed hump near #76 Upper Canada Drive; and, That the Uniform Traffic By-law be amended to prohibit: • stopping between the hours of 8:00 am and 4:30 pm, Monday to Friday on the west side of Upper Canada Drive between a point 280 metres north of Doon Village Road and Farrier Drive; and, • stopping at anytime on both sides of Upper Canada Drive between Doon Village Road and a point 15 metres north thereof; and, • parking at anytime on the east side of Upper Canada Drive from a point 75 metres north of Doon Village Road to a point 45 metres north thereof. 4. That cone-time allocation of the following investment amounts be made from the Arts and Culture Sustainability Fund: Creative Enterprise Enabling Organization $ 20,000 The Museum $120,000 Kitchener Waterloo Art Gallery $ 40,000 Kitchener Waterloo Symphony $ 40,000; and further, That the new Creative Enterprise Enabling Organization provide a report to Council by October 2011 detailing its strategy for use of the Arts and Culture Sustainability Fund in 2012. (Dealt with under Delegations and Carried, as amended, on a recorded vote) 5. That a by-law be enacted to amend Chapter 630 (Fences) of the City of Kitchener Municipal Code to reflect housekeeping amendments relating to the enforceability of the by-law, as well as powers of entry and undertaking remedial actions on private property, as outlined in Community Services Department report CSD-11-039. 6. That Council Policy I-1035 Emergency Service Policy be repealed and replaced with the Emergency Service Policy attached to Community Services Department report CSD-11-050. 7. That Community Services Department report CSD-11-051 (Fire Accreditation Update) be received as information. 8. That the City of Kitchener's new consolidated maintenance facility (CMF) be named Kitchener Operations Facility. COUNCIL MINUTES APRIL 18, 2011 - 107 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to the Beth Jacob Congregation to conduct a social gaming event at the Beth Jacob Synagogue, 161 Stirling Avenue South, Kitchener, on June 29, 2011. 2. That the Holy Trinity Serbian Orthodox Church be approved to operate a special event at Holy Trinity Serbian Orthodox Church, 700 Fischer-Hallman Road, Kitchener on July 30 & 31, 2011 from 12:00 p.m. to 10:00 p.m. provided the necessary licence, including Health and Fire approvals is obtained; and, That the Holy Trinity Serbian Orthodox Church be granted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code in conjunction with an event at 700 Fischer- Hallman Road, on July 30 & 31, 2011 from 2:00 p.m. to 10:00 p.m.; and further, That this event be declared a "Community Festival" for the purpose of applying for a liquor licence, since this is a religious celebration and promotes unity within our community. 3. That Campbell Amusements be granted permission to operate a Midway at Chicopee Ski & Summer Resort, 396 Morrison Road from May 6-8, 2011 subject to the following: Hours of ooeration: Date Start Close Friday, May 6 4:00 p.m. 10:00 p.m. Saturday, May 7 10:00 a. m. 10:00 p. m. Sunday, May 8 10:00 a.m. 6:00 p.m. ;and, That the music at the Midway be turned down at 9:00 p.m.; and, That the required licence be obtained prior to operating the Midway; and further, That Chicopee Ski & Summer Resort be granted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code in conjunction with an event at 396 Morrison Road on May 6, 2011 from 4:00 p. m. to 10:00 p. m. ; on May 7, 2011 from 10:00 a. m. to 10:00 p. m. ; and on May 8, 2011 from 10:00 a. m. to 6:00 p. m. 4. That approval be granted to sports organizations that are holding tournaments, during the months of May through November 2011 and have received Field Rental Permits/Contracts from Community Services at the sports fields listed on Schedule `A' attached to Finance and Corporate Services Department report FCS-11-072, to run a concession which may include the sale of hamburgers, hot dogs, pop, water, packaged foods, etc., as well as souvenirs, provided the necessary licence, including Health and Fire approvals is obtained. 5. That the request of the Probation Officers Association of Ontario to sell refreshments at Speaker's Corner, corner of King and Benton Streets on May 5, 2011 from 11:30 a.m. to 2:00 p.m. be approved, provided the necessary licence, including Health approval, is obtained. 6. That Sun Life Financial be awarded the role of the group insurance provider for the City's group benefit program effective July 1, 2011 at their quoted annual estimated cost of $6,115,959, plus PST for a total of $6,605,236, based on a satisfactory contract being negotiated; and the Mayor and Clerk be authorized to execute the contract, satisfactory to the City Solicitor. 7. That staff be directed to proceed with development of tender specifications for replacement of the existing Council Chamber audio/visual conference system, as outlined in Infrastructure Services Department report INS-11-036, and on completion of the written specifications to commence the tendering process. COUNCIL MINUTES APRIL 18, 2011 - 108 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC INITIATIVES COMMITTEE - 1. That City-initiated Zone Change Application ZC 09/06/COK/HH being an amendment to Schedules 83, 84 and 122 of Appendix `A', sections 162, 167, 254, 272, 280, 401 and 410 of Appendix `C', sections 288, 328, 332, 555, 556, 557, 558, 559, 560, 561, 562, 563, 565, 566, 568, 569, 570 of Appendix `D' and sections 14, 16 and 17 of Appendix `F' of By-law Number 85-1 as they pertain to the Victoria Street North Mixed Use Corridor for the purpose of changing the zoning from various zone classifications to Mixed-Use Corridor MU-1 and MU-2 zones with and without site-specific special provisions applying to these lands, be approved, in the form shown in the `Proposed By-Law' dated April 13, 2011 attached as Appendix `A' to Community Services Department report CSD-11-058. (As Amended) 2. That the 2011 Local Environmental Action Fund (LEAF) grant applications recommended for funding by the LEAF Steering Committee, be approved as outlined in Community Services Department report CSD-11-054; and further, That final disposition of the 2011 LEAF application submitted by Community Renewable Energy Waterloo (CREW) for their `Kitchener Solar City Initiative', be deferred to the May 30, 2011 Planning and Strategic Initiatives Committee meeting, to allow additional time for review and consideration of alternative approaches to implementing this proposal. (Dealt with under Delegations and Carried) HERITAGE KITCHENER - 1. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2011-IV-003 be approved to permit the replacement of ten second floor windows at 748 Zeller Drive in accordance with the plans and supporting information submitted with the application. COUNCIL MINUTES APRIL 18, 2011 - 109 - 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 - 1. Various Tenders Dealt with under Delegations. 2. FCS-11-088 -Applications for Cancellation, Refund, Reduction of Taxes Council considered Finance and Corporate Services Department report FCS-11-088 (J. Evans), dated April 12, 2011. Councillor J. Gazzola requested clarification of the items listed pertaining to 1111 Homer Watson Boulevard. Mr. D. Chapman, Deputy CAO & City Treasurer, Finance and Corporate Services, advised that this relates to the former Budd Park lands which is privately owned and a portion of the lands leased by the City for recreational programming. In 2006, ownership of the lands changed at which time the lands became tax exempt. The change in status was not addressed at that time and the items listed are to now bring into force the tax exempt status of the lands. It was resolved: "That the applications for cancellation, reduction, refund of taxes totaling $180,590.06 as attached to Finance and Corporate Services Department report FCS-11-088, be approved, pursuant to Section 357 of the Municipal Act." 3. FCS-11-084 -Multicultural Festival Council considered Finance and Corporate Services Department report FCS-11-084 (P. Harris), dated April 11, 2011. It was resolved: "That in conjunction with the Multicultural Festival and all activities connected therewith, to be held at Victoria Park on Saturday, June 25 and Sunday, June 26, 2011, the period of June 25 to July 1, 2011 inclusive, be declared a period of Civic Celebration in the City of Kitchener and that this event be considered a "Community Festival" within Kitchener; and further, That the KW Multicultural Festival Inc., be granted a Temporary Retail Market Licence, provided that the necessary licence, including Health and Fire approvals, is obtained." 4. FCS-11-087 -Decision of Licensing Tribunal - Lucky's Wings Council considered Finance and Corporate Services Department report FCS-11-087 (C. Goodeve), dated April 7, 2011. It was resolved: "That the decision of the Licensing Tribunal, attached to Finance and Corporate Services Department report FCS-11-087, on the matter of the Class `A' Place of Refreshment Business License No. 810786 issued to Justin Novak for the operation of Lucky's Wings, 320 King Street West, be adopted." COUNCIL MINUTES APRIL 18, 2011 - 110 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. FCS-11-085 -Liquor Licence Review Application -Boa Nova, 6 Charles Street West Council considered Finance and Corporate Services Department report FCS-11-085 (P. Harris), dated April 11, 2011. It was resolved: "That subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below, Council take no action to oppose the application for a liquor license for Boa Nova located at 6 Charles St. West, applied for by 1783044 Ontario Inc. (herein referred to as the "Applicant"); and further, That the Mayor and Clerk be authorized to enter into an agreement with the applicant should they be willing wherein the applicant agrees to abide by the following conditions and to request they be added to their licence if the Alcohol and Gaming Commission of Ontario chooses to issue the licence: 1. to post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; 2. to become an active member of the Downtown Kitchener Business Improvement Area's License and Entertainment Committee and attend its meetings; 3. to abide by a set 30% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) in other words alcohol sales will be limited to 30% of gross refreshment sales; 4. to stop serving alcohol by 2:00 a.m. daily; 5. to notify the Clerk of the City of Kitchener in writing of any application to change the license at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the establishment without the consent of the City Council; 6. to comply with the Noise By-law and the Region of Waterloo Smoking By-law; and, 7. these conditions shall bind all successors assigns and subsequent licence holders (if any)." 6. FCS-11-086 -Liquor Licence Review Application - Classico's 30 Ontario Street South Council considered Finance and Corporate Services Department report FCS-11-086 (P. Harris), dated April 12, 2011. It was resolved: "That subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below, Council take no action to oppose the application for a liquor license for Classico's located at 30 Ontario Street South, applied for by 1841833 Ontario Inc. (herein referred to as the "Applicant"); and further, That the Mayor and Clerk be authorized to enter into an agreement with the applicant should they be willing wherein the applicant agrees to abide by the following conditions and to request they be added to their licence if the Alcohol and Gaming Commission of Ontario chooses to issue the licence: COUNCIL MINUTES APRIL 18, 2011 - 111 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 6. FCS-11-086 -Liquor Licence Review Application - Classico's 30 Ontario Street South ICont'd) 1. to post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; 2. to become an active member of the Downtown Kitchener Business Improvement Area's License and Entertainment Committee and attend its meetings; 3. to abide by a set 40% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) in other words alcohol sales will be limited to 40% of gross refreshment sales; 4. to stop serving alcohol by 2:00 a.m daily; 5. to notify the Clerk of the City of Kitchener in writing of any application to change the license at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the establishment without the consent of the City Council; 6. to comply with the Noise By-law and the Region of Waterloo Smoking By-law; and, 7. these conditions shall bind all successors, assigns and subsequent licence holders (if any)." 7. FCS-11-089 -Request to Operate Hot Dog Carts -Stoke Drive /Wexford Crescent Council considered Finance and Corporate Services Department report FCS-11-089 (P. Harris), dated April 13, 2011. It was resolved: "That the request of Les Halat to operate two hot dog carts at 273 Stoke Drive and 112 Wexford Crescent during the annual Community Garage Sale on May 7, 2011, be approved, provided the necessary licence is obtained including Health and Fire approvals." 8. INS-11-038 -Land Acquisition Process -Huron Road Improvements (Strasburg Road to Fischer-Hallman Road) Council considered this date Infrastructure Services Department report INS-11-038 (B. Korah / S. Ross), dated April 11, 2011. It was resolved: "That the Mayor and City Clerk be authorized to execute Agreements of Purchase and Sale for the acquisition of several properties by the City of Kitchener, for the purchase price considered in-camera, to accommodate the Huron Road Improvements from Strasburg Road to Fischer-Hallman Road; said Agreements to be to the satisfaction of the City Solicitor."