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HomeMy WebLinkAboutCouncil - 2006-10-16COUNCIL MINUTES OCTOBER 16, 2006 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 Brenda Whiteman, King School of Vocal. On motion by Councillor G. Lorentz, the minutes of the regular meeting held September 25, 2006 and special meetings held September 25 & October 2, 2006, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED DIRECTLY TO FILE - (a) Letter dated September 28, 2006, from the Office of the Prime Minister, acknowledging receipt of Council's resolution regarding the Residential Energy Efficiency Program. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Tender T06-084, Domestic Water Supply Anti-Scald Mixing Valves, be awarded to Emco Corporation, Kitchener at their adjusted tendered price of $136,640.40., including P.S.T. and G.S.T." -and- "That Tender T06-074, Safety Equipment and Supplies, be awarded to Safety Today Inc., Brantford, at their tendered price of $69,765.33, including P.S.T. & G.S.T." -and- "That Expression of Interest E06-082, Consultant Services -Road Reconstruction/Roads Program - Geotechnical Investigation/Design, be awarded to Naylor Engineering Associates Ltd, Kitchener at their estimated fee of $179,378.50, including disbursements of $37,260. and G.S.T., based on a satisfactory contract being negotiated; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." -and- "That Tender T06-057, Lighting Poles and Luminaires, be awarded to Nedco Electric, Kitchener, at their tendered price of $149,362.07, including P.S.T. and G.S.T." -and- "That Tender T06-083, Ten (10) Dual Rear Wheel Crew Cab and Chassis, be awarded to Stedelbauer Motors Ltd., Kitchener at their tendered price of $322,198.20. including G.S.T. & P.S.T." -and- "That Tender T06-035, Two (2) 7.5 Cubic Meter U-Shaped Dump Bodies, be awarded to Viking Cives Ltd., Mount Forest, Ontario at their tendered price of $234,254.04, including G.S.T. & P.S.T." -and- "That Expression of Interest E06-078, Consultant Services -Duke Street West (Wellington Street to Waterloo Street), be awarded to McCormick Rankin Corporation, Kitchener at their estimated fee of $191,763.76, including a contingency of $16,446.29 & G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, COUNCIL MINUTES OCTOBER 16, 2006 - 2$5 - CITY OF KITCHENER That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." -and- "That Expression of Interest E06-079, Consultant Services -Clark Avenue (Wilson Avenue to Siebert Avenue -South Limit), be awarded to Stantec Consulting Ltd., Kitchener at their estimated fee of $235,233.50, including a contingency of $20,174.40 and G.S.T., 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 Tender T06-085, On Site Crushing /Recycling of Asphalt and Concrete, be awarded to 1371933 Ontario Inc., Waterdown, Ontario at their adjusted tendered price of $207,760., including G.S.T." Carried. Mr. Terry Boutilier, Senior Business Development Officer, and Ms. Nicole Amaral, Graphic Designer, presented an `Excellence in Planning' Award received from the Ontario Professional Planning Institute for Communications /Public Education. The Award culminates from the June 2006 conference entitled `Re-think, Re-invent, Re-urbanize', and acknowledges the collaborative effort of the City of Kitchener, other area municipalities, the Region of Waterloo and the Waterloo Region Homebuilders in promoting the concept of `re-urbanization' in accordance with the direction of the Province's Places fo Grow and the Region's Growth Management Strategy. It was noted that the City's Communications and Marketing Division took the lead on all publications and conference materials. Mayor C. Zehr accepted the Award on behalf of the City, acknowledging the efforts and talent of staff in achieving this recognition. Mr. Joe Mancini, Kitchener Downtown Community Collaborative, attended in support of the Safe & Healthy Community Advisory Committee report of this date, concerning funding for the Downtown Outreach Program. Mr. Mancini spoke to the success of the Outreach Program which connects marginalized individuals with services needed to address basic needs and assist in their integration into the community. The funds requested will supplement grant funding received from the Trillium Foundation and allow the program to continue operating to the end of 2007. In response to questions, Mr. Mancini noted that the City of Waterloo recognizes the importance of being in harmony with the City of Kitchener to deal with issues of homelessness and has allocated $25,000. annually towards similar outreach work. It was also noted that of those identified in Downtown Kitchener, the majority now consistently find housing as a result of outreach workers providing a bridge to needed services; however, affordable housing remains a challenge in the Region given limited resources. Councillor B. Vrbanovic advised that a presentation was made to the October 3, 2006 Safe & Healthy Community Advisory Committee meeting wherein the Committee fully supports the work of the Outreach Program and the funding as requested is available in the Committee's 2006 budget. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the report of the Safe & Healthy Community Advisory Committee be adopted. Carried Unanimously. Council considered Chief Administrator's Office report CAO-06-050 (S. Adams), dated October 16, 2006, concerning `A Plan for a Healthy Kitchener (2007-2027)'. COUNCIL MINUTES OCTOBER 16, 2006 - 2$6 - CITY OF KITCHENER Mr. Don Bourgeois, Chair, Compass Kitchener, presented details of the Plan which integrates the work of Compass Kitchener and the Healthy Community Working Group into a single strategic plan for the community, based on delivering results in key areas essential to the health and vitality of the City. Priorities highlighted include: quality of life; leadership and community engagement; diversity; development; Downtown revitalization; and, environment. The next steps involve working on: growth management; afour-year financial strategy; two-way communication of the Community Plan; and, a three-year work plan for Compass Kitchener (2007-2010). Mr. Bourgeois responded to questions, advising that the Plan will be advanced through publication in the `Your Kitchener' newsletter, as well as public meetings with service clubs and other area councils; and specific recommendations will be advanced through development of an implementation strategy for Council's consideration. He also emphasized the need for continued City staff support, which forms part of Compass Kitchener's recommendation this date. Ms. C. Ladd, Chief Administrator, added that staff resources will be taken into consideration as part of developing an implementation plan and recommendations will come forward for Council's consideration at a future date. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That `A Plan for a Healthy Kitchener (2007-2027)' be approved as the community's Strategic Plan; and further, That staff be directed to develop an Implementation Plan for Council's consideration in early 2007." Carried Unanimously. Messrs. Bill Bowman and Don Lasso, presented a petition in opposition to Council's resolution of September 25, 2006 approving Zone Change Application ZC 06/10/K/JB (1291105 Ontario Limited - Krug Street) to allow a commercial bingo centre to locate at 501 Krug Street. Mayor C. Zehr advised that Council's approval was subject to completion of a traffic analysis and a staff report outlining how the proposed zoning could be limited only to the proponent in the application. Accordingly, passing of a by-law to effect the rezoning would not be scheduled until the conditions are met and was not before Council for consideration this date. Mr. Bowman read the opening statement of the petition which in addition to opposing the rezoning application for the bingo hall, objects to changes in City by-laws that would allow any commercial gambling establishment opportunity to establish a business that does not meet the current by-laws for a Neighbourhood Commercial Community Shopping Centre (C-2). He noted that of 175 homes visited, 161 signatures were collected representing 89% of area residents in opposition to the re- zoning application. Mr. D. Lasso suggested that the original circulation was not sufficient and had included a recommendation of City staff that suggested the application was to be refused. He added that a number of alternate locations throughout the City already zoned appropriately could be considered for the proposed use. Clarification was provided to the delegation in respect of scheduling the zoning amending by-law for consideration, the notification process and related licensing matters. It was noted that the latter is dependent on the re-zoning going forward and is relevant only in respect to hours of operation. It was also noted that in the event Council wished to reconsider its decision of September 25, a Notice of Motion to Reconsider would be required. Mr. Albert Norris, Veteran, requested a letter of support from Kitchener Council in regard to a proposal for placement of a rehabilitation centre on lands owned by the Department of National Defense, located on East Avenue, to be used by veterans and wounded soldiers currently serving. Mr. Norris advised that negotiations for this facility have been ongoing for some time with representatives of the Provincial government but to date have been unsuccessful. Mayor C. Zehr advised the delegation that a group of veterans had also approached the Region of Waterloo to request establishment of a Veterans' Hospital and Kitchener was mentioned in the discussion as a potential location. Mayor C. Zehr agreed to follow up with the Region and Provincial MP for Kitchener to determine the status of both requests. COUNCIL MINUTES OCTOBER 16, 2006 - 2$7 - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Services Committee be adopted. Carried. Councillor J. Gazzola requested that Clause 3 of the report concerning a grant request by Waterloo Region Green Solutions (formerly REEP) be voted on separately. Council considered Chief Administrator's Office report CAO-06-062 (H. Gross), dated October 11, 2006, relative to Clause 8 of the report concerning the draft Request for Expressions of Interest / Proposal (RFP) for the Centre Block redevelopment. The report addresses revisions made to the draft RFP and clarifies issues of concern raised at the October 2, 2006 Finance and Corporate Services Committee meeting. Mr. Hans Gross advised that in the event commencement of the RFP process was held in abeyance until after the new Council takes office, it would result in a delay of 2-4 months and potentially have a negative impact on timing for construction of the underground parking garage. He added that Council will maintain flexibility throughout the RFP process which can be stopped at any time, if so desired. At the request of Mayor C. Zehr, it was agreed to amend Clause 8 of the report by deleting the first paragraph. The report of the Finance and Corporate Services Committee was then voted on Clause by Clause. Clause 3 -Carried. Clause 8 -Carried Unanimously, as Amended, on a recorded vote. Balance of report -Carried. Councillor G. Lorentz referred to traffic calming measures installed on Greenbrook Drive between Fischer-Hallman and Westmount Roads and Westmount Road and Stirling Avenue, noting that area residents have expressed concerns with the location of the chicane on the hill between Fischer- Hallman and Westmount Roads, continuous speeding despite the chicanes; and the length of the trial period. At the request of Councillor G. Lorentz, it was agreed that staff would provide information at the October 23, 2006 Development and Technical Services Committee meeting on traffic calming measures as it relates to consideration of: installation of a four-way stop on Greenbrook at Village Crescent and Stonybrook Drive; athree-way stop on Greenbrook at Lakeside Drive; staff rationale in the event all-way stops are not considered a viable alternative; a reduction in the speed limit to 40 km/h on Greenbrook from Westmount to Stirling; and the impact of winter conditions on traffic calming measures, as well as ability to install stop signs during the winter months. Councillor J. Gazzola requested an update as to the status of traffic calming measures to be installed on Kingswood Drive. Mr. R. Browning, General Manager, Development and Technical Services, advised that a required Environmental Assessment (EA) was completed and submitted to the Ministry of the Environment (MOE) but has yet to receive Ministry approval. Councillor Gazzola noted that an objection was filed with the MOE by an area resident, but who does not live on Kingswood Drive and expressed concerns that this has caused a delay in moving forward. It was agreed that staff would provide further information concerning this matter at the October 23, 2006 Development and Technical Services Committee meeting. Councillor J. Gazzola expressed disappointment with a response received from the Ministry of Transportation in regard to turf maintenance on lands adjacent to Provincial highways and in COUNCIL MINUTES OCTOBER 16, 2006 - 2$$ - CITY OF KITCHENER particular, at the entrance locations to the City. Councillor B. Vrbanovic commented that the level of maintenance is inconsistent across the Province and suggested that if the Ministry continues to be non-responsive, measures should be taken under the City's Property Standards By-law. Mayor C. Zehr agreed that the level of maintenance is unacceptable and suggested that time be taken to develop a more aggressive strategy to deal with this issue. Councillor M. Galloway referred to a recent media report concerning the sale of Thyssenkrupp Budd Canada Inc. to Martinrea International Inc. and inquired if staff have an action plan in place to allow dialogue with the new owner in regard to continued operation of the plant. Mayor C. Zehr advised that he had been in contact with the local manager of the plant, as well as the new owner and had received indication from both that the plant will remain in operation. Mr. R. Regier, Executive Director of Economic Development, added that staff have been in discussion with Budd management over the past 4-5 months to gain an understanding of the operation and expect to be in contact with the new owner to determine how the City may lend its support. Councillor B. Vrbanovic asked that staff review traffic conditions at the intersection of Lackner Boulevard and Banbury Street and report back with recommendations to address safety concerns relative to students crossing Lackner Boulevard to access the community walkway as a shortcut to Grand River Collegiate Institute. Councillor B. Vrbanovic then referred to the Fairway Road bridge extension and asked that consideration be given to requesting the Region of Waterloo to consider the bridge extension as a new entranceway into the City and design the roadway with enhanced entranceway features. He also asked that staff be directed to begin allocating staff resources to work on various planning approvals necessary in the area of Grand River South and in particular, as it relates to the Seegmiller gravel pit lands, soon to be closed. Mayor C. Zehr advised that there has been discussion at the Region regarding enhanced landscaping around the bridge area but agreed that it may be helpful to put forward a formal request. Accordingly, it was agreed that staff would report to the October 23, 2006 Development and Technical Services Committee meeting with relevant information and include a recommendation for the Committee's consideration. Councillor C. Weylie referred to a decision made in 2005 by the Committee of Adjustment to approve Fence Variance Application FN 2005-005 submitted by the Ontario Seed Co. Limited for construction of a 5 ft. fence at 77 Wellington Street / Agnes Street. The approval was subject to landscaping in the area in front of the fence and while the fence was constructed, no landscaping was done. She inquired as to what steps could be taken to ensure compliance with the Committee's decision, or alternatively, compliance with the Fence By-law. Ms. L. MacDonald, City Solicitor, agreed to review the Committee's decision and respond back to Councillor C. Weylie. Councillor J. Smola referred to the Region of Waterloo's pilot program to encourage the remediation and redevelopment of brownfield sites, slated to move into Phase 2 pending Provincial legislative changes that would allow the Region to participate in financial incentive programs for remediation projects. Councillor Smola inquired as to the status of the legislative changes and Mayor C. Zehr advised that the changes are not likely to be in effect until the Spring 2007. Councillor Smola noted that the Region will be asking for area municipal representation on the Regional Brownfields Financial Incentive Committee and asked that he be provided with the names of those who will sit on this Committee. Mayor C. Zehr advised that the Region of Waterloo has approved a lease agreement with the City for surface use of the former landfill site on Ottawa Street South to be developed for municipal park purposes. Council agreed to a request of Mr. R. Gosse, City Clerk, to add three traffic amending by-laws for three readings this date relative to prohibiting unauthorized parking of motor vehicles on private property; designation of private roadways as fire routes; and, to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That leave be given the Mover and Seconder to introduce the following by-laws, namely: COUNCIL MINUTES OCTOBER 16, 2006 - 2$9 - CITY OF KITCHENER (a) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (b) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code with respect to By-law Enforcement. (c) Being a by-law to exempt certain lots from Part Lot Control -Park Block 24, Registered Plan 58M-132 -Activa Avenue. (d) To confirm all actions and proceedings of the Council. (e) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (f) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (g) To further amend By-law No. 88-172, being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. 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 G. Lorentz as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. tBy-law No. 2006-194) (b) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code with respect to By-law Enforcement. tBy-law No. 2006-195) (c) Being a by-law to exempt certain lots from Part Lot Control -Park Block 24, Registered Plan 58M-132 -Activa Avenue. tBy-law No. 2006-196) (d) To confirm all actions and proceedings of the Council. tBy-law No. 2006-197) COUNCIL MINUTES OCTOBER 16, 2006 - 290 - CITY OF KITCHENER (e) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. tBy-law No. 2006-198) (f) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. tBy-law No. 2006-199) (g) To further amend By-law No. 88-172, being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. tBy-law No. 2006-200) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned at 9:35 p.m. Carried. MAYOR CLERK COUNCIL MINUTES OCTOBER 16, 2006 - 291 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That final consideration of Municipal Plan Amendment Number 64 (MPA06/07/TC/CB), to introduce new general urban design policies for Downtown Kitchener, attached to Development and Technical Services Department report DTS-06-142, be deferred to the Development and Technical Services Committee meeting of October 23, 2006; and, That staff develop "Design Brief DB-5 -Downtown Design Districts" to provide a graphical version of the Downtown Design District policies contained in section 9.3, for consideration at the Development and Technical Services Committee meeting scheduled for October 23, 2006, for adoption and inclusion in the City's Urban Design Manual; and further, That during the work plan phase of the Civic Centre Neighbourhood Heritage Conservation District (CCNHCD) study, the consulting team for this study comment on the original proposal that no height limit be applied to new buildings within the Civic District, so they may assess whether any impact may occur on the heritage resources in the Civic Centre neighbourhood. 2. That temporary occupancy be approved and enforcement of the City's Zoning By-law be waived for the property at 637 King Street West, with respect to a personal service use (hair salon) within a building existing on September 18, 2006, subject to the personal service use vacating the location in the event the City initiated Zone Change (ZC06/06/TC/RM) to permit personal service uses on the subject land, in combination with other permitted uses, is not approved; and further, That in the event of failure to vacate, the City's Municipal By-law Enforcement Officer be directed to commence notice of action to remove the illegal use and that any work done to the premises be at the sole risk and responsibility of the owner in the event losses are incurred as a result of final disposition of this application. 3. That consideration of the proposed amendment to the City of Kitchener Municipal Plan -Part 4 - Section 1.5 "Community Plans" and the City's On-street Parking Policy be deferred until such time as the Neighbourhood Design Initiative is considered by the Development and Technical Services Committee in early 2007. 4. That Brownfield Remediation Program Application 05-02, submitted by Arrow Lofts Inc., dated June 10, 2005, for the property municipally known as 112 Benton Street, be approved subject to the following: That in exchange for a completed and filed Record of Site Condition for 112 Benton Street, the City of Kitchener provide a grant in the form of an annual rebate on City taxes in an amount equal to 100% of the City Tax Increment; where the City Tax Increment is defined as the difference between the City portion of real property taxes for the 2006 Taxation Year and the new City portion of real property taxes levied as a result of a new assessment by the Municipal Property Assessment Corporation (MPAC) following completion of the project or any phases thereof; and, That the property tax grant, estimated annually at $110,101.87, continue for a maximum period of 10 years or until the total Eligible Remediation Cost of $2,226,000 has been reached, whichever comes first; and further, That the Mayor and Clerk be authorized to execute a Remediation and Redevelopment Agreement with Arrow Lofts Inc., satisfactory to the City Solicitor. COUNCIL MINUTES OCTOBER 16, 2006 - 292 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE & CORPORATE SERVICES COMMITTEE - 1. 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 Pho 95 Vietnamese Family Restaurant located at 323 King Street West applied for by Le Thi Be Nam (herein referred to as the "Applicant"); and, That the Mayor and Clerk enter into an agreement with the applicant should it be willing wherein the applicant agrees to abide by the following conditions and to request they be added to its licence if the Alcohol and Gaming Commission of Ontario (AGCO) 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 a member of the Kitchener Downtown Business Association's License and Entertainment Committee and attend its meetings; 3. to abide to 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's Council; 6. to comply with the Noise By-law and the Smoking By-law; and, 7. these conditions shall bind all successors, assigns and subsequent licence holders (if any). 2. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to permit the Community Services Department, through an independent contractor, to undertake cleaning of the streets and sidewalks in the Downtown Core between the hours of 10 PM and 6 AM on various dates between October 2 and October 6, 2006. 3. That subject to consideration during the 2007 budget deliberations, $25,000. be allocated to the Waterloo Region Green Solutions (formerly known as the Residential Energy Efficiency Project, REEP), as part of the Environmental Committee's 2007 operating budget; and further, That during the 2007 budget deliberations concerning this matter, consideration be given to extending funding approval fora 2 year period to include $25,000. in each of 2007 and 2008. 4. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Kiwanis Club for their Hip Hop concert, at the Kitchener Memorial Auditorium, on October 12, 2006, provided the organizers adhere to the agreed upon acoustic settings as outlined in Corporate Services Department report CRPS-06-148, dated September 27, 2006. 5. That the Financial Report as of August 31, 2006 be received for information, as attached to Financial Services Department report FIN-06-029. 6. That the Gas Purchase Policy Criteria for continuation of the Utilities Division provision of Gas Supply services as attached to Financial Services Department report FIN-06-030 be approved. 7. That the supply component of the natural gas rates be decreased to 29.9 cents per cubic meter from 31.9 cents per cubic meter for system gas customers of the City of Kitchener, effective November 1, 2006. 8. That the City of Kitchener issue its Request for Expressions of Interest /Proposal for the redevelopment of Centre Block, as contained in Appendices A and B of report CAO-06-060; and, That a new "Centre Block Evaluation Committee" be struck according to the mandate and general membership outlined in report CAO-06-060; and further, COUNCIL MINUTES OCTOBER 16, 2006 - 293 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE & CORPORATE SERVICES COMMITTEE - (CONT'D) 8. (Cont'd) That City of Kitchener staff work with staff from the Region of Waterloo and Kitchener Housing Inc. to develop a strategy by June 2007 for the relocation of the remaining residents of the Mayfair Hotel to a superior facility ideally within the proximity of the downtown. (Carried Unanimously, as Amended, on a recorded vote) SAFE & HEALTHY COMMUNITY ADVISORY COMMITTEE - 1. That $30,000. be allocated to the Kitchener Downtown Street Outreach Project from the 2006 Safe & Healthy Community Advisory Committee budget. (Dealt with under Delegations and Carried Unanimously) COUNCIL MINUTES OCTOBER 16, 2006 - 294 - 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. Conveyance of Pumping Station -1990 Ottawa Street South Council considered Corporate Services Department report CRPS-06-150 (F. McCrea), dated October 11, 2006. It was resolved: "That Part Lot 46, German Company Tract and Part Lot 130, German Company Tract, being Part 1 on Reference Plan 58R-4780, City of Kitchener, Regional Municipality of Waterloo be conveyed to the Region of Waterloo pursuant to the Region's Assumption By-law 13-72; and further, That the Mayor and Clerk be authorized to execute any necessary documentation required by the City Solicitor." 3. Removal of Title Control Restrictions -1351 Strasburg Road Council considered Corporate Services Department report CRPS-06-152 (L. MacDonald), dated October 11, 2006. It was resolved: "That on July 20, 2006, the property described as Part Lot 2, RCP Plan 1478, Part Lots 14 & 15, RCP 1471 and Part of Bechtel's Tract, City of Kitchener, and municipally known as 1351 Strasburg Road, Kitchener complied with the restrictions set out in Schedule "A" to Instrument No. 972219; and, That the Mayor and Clerk be authorized to execute any documentation approved by the City Solicitor to release all rights of the City relating to Title Control, set out in Section 2 in the Schedule of restrictive covenants to the Deed, registered as Instrument No. 972219 respecting the property described as Part Lot 2, RCP Plan 1478, Part Lots 14 & 15, RCP 1471 and Part of Bechtel's Tract, City of Kitchener and municipally known as 1351 Strasburg Road, Kitchener; and further, That the City Solicitor be authorized to electronically sign for completeness and release any document required to be registered on title electronically." 4. Acknowledgement and Agreement -Lease Council considered Corporate Services Department report CRPS-06-154 (L. MacDonald), dated October 16, 2006. It was resolved: "That the Mayor and Clerk be authorized to execute an Acknowledgment and Agreement, satisfactory to the City Solicitor, with Thyssenkrupp Budd Canada Inc., Martinrea International Inc., and 2114887 Ontario Limited pertaining to the Lease, dated August 29, 2000, of the Lands described as Parts 1 and 2 on 58R-11898." COUNCIL MINUTES OCTOBER 16, 2006 - 295 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Kitchener-Waterloo Svmphonv -Financial Assistance Package Council considered this date Council report CL-06-001 (Mayor C. Zehr), dated October 16, 2006, concerning a proposed financial package to assist with preservation of the Kitchener-Waterloo Symphony. Mayor C. Zehr commented on the Symphony's recently announced financial crisis and funding-raising initiative, `Save Our Symphony', to raise $2.5M by the end of October 2006. He noted that to date, the Symphony has collected $610,000. in individual donations towards their goal. Following discussions with the Symphony, Mayor C. Zehr advised that he, Regional Chair Ken Selling and Waterloo Mayor Herb Epp agreed to recommend to their respective Councils a collaborative financial assistance package totalling $505,000., of which Kitchener's portion would be a one-time grant of $170,000. in 2006. The grant is subject to the Symphony providing a business / recovery plan for long-term sustainability and would only be paid when it is demonstrated that the balance of the funds to be raised are in the hands of the Symphony and bankruptcy would not be declared. In addition, a recommendation is being made to provide a grant in 2007 of no less than $170,000., subject to 2007 budget deliberations of the future Council Mayor Zehr asked for support of the proposal given the significant contribution of the Symphony to the cultural, social and economic health of the entire Region. Councillor J. Gazzola commented that in providing financial assistance, it would be his expectation that the business plan show the cause of the current situation and clearly outline long-term sustainability of the Symphony to ensure similar circumstances are not experienced in future. He suggested that Council should have voting representation on the Symphony Board and that the Symphony needs to consider new methods of attracting patrons, such as programming for persons of limited income. Mayor C. Zehr responded to questions advising that the Region will contribute $250,000. and the City of Waterloo $85,000. toward the financial assistance package and reiterated that no monies would in fact be given until the conditions imposed are met. It was also noted that the business plan will have to be in the hands of the three respective Councils in the near term given the Symphony's goal is to reach the $2.5M by the end of October. Several members of Council expressed the importance of preserving the Symphony in respect of economic development, in that, as a cultural venue it enhances attractiveness of the Region to quality employees /industry prospects. Councillor G. Lorentz expressed disappointment that the City of Cambridge was not a party to the proposed financial assistance package and Councillor J. Gazzola added that the four townships should also be approached as this issue affects the entire Region. Mayor C. Zehr agreed to correspond with the other area municipalities but noted that it had been made known to him that Cambridge had decided their contribution would be through the Region of Waterloo's portion of the financial package. The following motion was Carried Unanimously, on a recorded vote. On motion by Mayor C. Zehr - It was resolved: "That in recognizing the significant contribution the Kitchener-Waterloo Symphony makes to the cultural, social and economic health of the entire region of Waterloo, and as part of an overall financial package from the Region of Waterloo, the City of Kitchener and the City of Waterloo, worth $505,000, be it resolved: 1. That the City of Kitchener provide the Kitchener-Waterloo Symphony with aone-time grant of $170,000, to be paid out of the tax stabilization fund in 2006; and, COUNCIL MINUTES OCTOBER 16, 2006 - 296 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Kitchener-Waterloo Svmphonv -Financial Assistance Package tCont'd) 2. That the current City Council strongly recommends the City of Kitchener provide a grant to the Symphony in 2007 of not less than $170,000, subject to the 2007 budget deliberations of the future City Council; and further, 3. That the City of Kitchener's financial contribution be subject to the following conditions: • the Kitchener-Waterloo Symphony prepare a business and recovery plan to ensure the recovery and long-term survival of the Symphony; • the funds only be paid when it is clear that the balance of the needed funds are in hand and that the Symphony will carry on and not declare bankruptcy; and, • contributions from the Region of Waterloo and the City of Waterloo are confirmed."