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HomeMy WebLinkAboutCouncil - 2007-05-14COUNCIL MINUTES MAY 14, 2007 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by Victoria Whiteman, King School of Vocal. On motion by Councillor G. Lorentz, the minutes of the regular meeting held April 30, 2007 and special meetings held April 30 & May 7, 2007, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Councillor C. Weylie introduced Mr. Ted Claxton, Scout Leader and members of the 11th Kitchener Scouting Group, who are celebrating their 70th Anniversary this year. Mayor C. Zehr presented the group with a commemorative plaque in honour of the occasion. Mr. T. Claxton expressed appreciation for the acknowledgement and advised that 2007 also marks the 100th Anniversary of Scouting. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Mr. Gordon requested that Council consider this date an additional Tender, T07-026 dealing with road reconstruction for Ahrens Street /Ellen Street / Hermie Place. Councillor J. Gazzola enquired as to opportunity to undertake a joint tender with the Cities of Waterloo and Cambridge in regard to Tender T07-027 (Closed Circuit TV Inspection of Gravity Sewers). Mayor C. Zehr suggested, and it was agreed, to add this matter to an agenda of the Joint Services Initiatives Committee. Council considered Financial Services Department report FIN-07-050 (L. Gordon), dealing with Tender T07-032 -Fire Station #7 (Huron Road West), deferred at the April 30, 2007 Council meeting; and attached Corporate Services Department report CRPS-07-064 (L. Proulx), in which additional information is provided in response to concerns raised at the April 30th Council meeting. Councillor B. Vrbanovic requested clarification in regard to LEED Certification, noting that the report indicates the building is on the `threshold' of Silver certification and in order to proceed to Gold certification, the project would be delayed by approximately 6 months. Mr. L. Proulx, Director of Facilities Management, advised that the building scored 32 out of 33 points required for LEED Silver certification. He added that if it is desired to pursue Gold certification, a consultant must be hired, which requires the consultant selection process to be followed. He estimated that the hiring process will take up to two months following which the consultant will require time to do the work and it was his opinion, the entire process could not be done in less than six months. Fire Chief T. Beckett spoke to emergency response times on the West side, advising that the average response time is approximately 9 minutes and Fire Services has experienced upwards of 10-11 minutes. He stated that Fire Services remains adamant in respect of a January 1, 2008 opening of the new station because of substantial growth taking place on the West side. He added that the delay in construction would also impact training of new firefighters in that, the City of Waterloo is also adding a new station and Kitchener has been working with them to avoid scheduling conflicts at the training facility. Councillor Vrbanovic expressed the opinion that not all has been done to move the building toward new environmental standards envisioned by the Corporation and until such time as an official policy is in place, he asked that this building at least achieve the LEED Silver certification. Mayor C. Zehr suggested, and it was agreed, that the tender proceed this date on the basis that staff will further investigate specific items related to achieving LEED Silver certification and report back with costing at a future meeting. In response to Councillor G. Lorentz, Mr. L. Proulx advised that the design of the new fire station is the same used on four previous occasions, and staff assumed that a presentation of the design was not necessary given Council has seen the design on numerous occasions. Ms. C. Ladd added that staff have had discussions since the April 30 Council meeting and agree that in light of the new Council, a presentation should have been made to confirm continued use of the standard model and staff will endeavour to proceed differently in future. Ms. Ladd further agreed to consider the feasibility in future of adding a community centre to the new fire station. COUNCIL MINUTES MAY 14, 2007 - 119 - CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor J. Gazzola "That Tender T07-032 -Fire Station # 7 -Huron Road West, be awarded to Dakon Construction Ltd., Waterloo, at their tendered price of $1,747,940., including G.S.T., less $11,660. to change metal roof and flashing colour and less $225,568. for the masonry portion of the contract; and, That the City award the masonry portion of the contract to George and Asmussen Limited, Breslau, Ontario at their tendered price of $225,568. including G.S.T.; and, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor.; and further, That staff further investigate specific items related to achieving LEED Silver certification and report with costing to a future Council /Committee meeting." -and- "That Tender T07-007, Road Reconstruction -Strange Street (Cherry Street to CNR Crossing), be awarded to Terracon Underground Ltd., Brantford, Ontario at their tendered price of $1,342,141.11, including provisional items and contingency of $162,262.50. and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." -and- "That Tender T07-027, Closed Circuit T.V. Inspection of Gravity Sewers, be awarded to Benko Sewer Maintenance (Division of Badger Daylighting), London, Ontario at their tendered price of $193,598.40, including a provisional lump sum contingency of $15,000. and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." -and- "That Tender T07-037, Ready Mix Concrete, be awarded to Tri City Readymix Ltd., Kitchener, Ontario at their tendered price of $206,486.94, including P.S.T. and G.S.T." -and- "That Tender T07-042, Heavy Duty Equipment, be awarded as follows: • One (1) - 72 kw (96 hp) All Wheel Drive, Rubber Tired Industrial Tractor with Front-End Loader and Extendible Backhoe, complete to Specification CKF-254-2007, be awarded to Ontrac Equipment Services Inc., Cambridge, Ontario at their tendered price of $113,216.82, which includes a 5-year 5000 hour power-train and hydraulics extended warranty at a cost of $4,205.46, including G.S.T. and P.S.T. • One (1) - 91 kw (122 hp) All Wheel Drive, Rubber Tired Industrial Tractor with Front-End Loader and Extendible Backhoe, complete to Specification CKF-248-2007 be awarded to Ontrac Equipment Services Inc., Cambridge, Ontario at their tendered price of $186,958.86 which includes a 5-year 5000 hour power-train and hydraulics extended warranty at a cost of $7,169.46, including G.S.T. and P.S.T." -and- "That Expression of Interest E07-031, Consultant Services -Engineering Audits -Victoria Street Reconstruction and Joseph/Gaukel Streets Reconstruction Projects, be awarded to COUNCIL MINUTES MAY 14, 2007 - 120 - CITY OF KITCHENER Marshall Macklin Monaghan Limited, Thornhill, Ontario at their estimated fee of $37,100., including G.S.T." -and- "That funding be approved for the transfer of funds from Index 852420 (Uncommitted Infrastructure) to Index 852209 (Ahrens/Ellen/Hermie Reconstruction) in the amount of $518,111.; and, That Tender T07-026, Road Reconstruction -Ahrens Street (Young Street to Queen Street), Ellen Street (Victoria Street to Queen Street) and Hermie Place (Ellen Street to St. Leger Street), be awarded to Steed and Evans Limited, Kitchener, Ontario at their corrected tendered price of $2,486,869.07, including provisional items and contingencies of $156,263. and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried Unanimously. At the request of Councillor B. Vrbanovic, staff were directed to report to a future Committee meeting on a standard policy for incorporation of LEED certifications in all future City-owned building construction. Mr. Robert Astley, Chair, and members of the Kitchener-Waterloo Symphony, presented an overview of the Symphony's Business Plan (2007 - 2008). Mr. Astley stated that the business plan represents a `New Era' for the Symphony following the financial crisis that led to the `Save Our Symphony' (SOS) Campaign. He referred to the Endowment Fund of $3M, advising that the Symphony has confirmed they do not have access to the capital dollars but are entitled to interest accrued and projected interest amounts have been included in the business plan. First phase initiatives of the plan included: an organizational review; hiring of a new Music Director; public and expert consultations; development of a 2007-08 season; and financial management review. Phase two will include development of a sustainable model, marketing initiatives, community outreach, governance and accountability, and continued financial /executive management. The business plan provides for more detailed budgeting and elimination of the deficit over time, with a goal to achieve a sustainable model for the orchestra into the future. He expressed the opinion that the Symphony has met the condition attached to the City's pledge to the SOS Campaign by providing a sound business plan for future sustainability and asked that the funds be released to the Symphony. Mayor C. Zehr advised that staff have not had opportunity to review the business plan and make recommendation to Council, suggesting that the matter be referred to staff for report to the May 28, 2007 special Council meeting. Mr. Astley and members of the Symphony responded to questions from Councillor J. Gazzola, advising that had all pledges from the SOS Campaign been received in 2007, the deficit would have been eliminated but as some pledges are deferred to future years this was not possible at this time. Fundraising projections are believed to be attainable in light of renewed community awareness and proposed budget projections for afull-time orchestra model are comparable with like operations. The Symphony is also hopeful that they will share in new Provincial /Federal dollars being made available to the arts and culture sectors. In regard to an agreement with contracted musicians for pay deferment, Mr. Astley advised that a repayment schedule is being negotiated, with said schedule to be concluded by the end of the 2009 - 2010 season. Mayor C. Zehr referred to reference made in the business plan that it is to be further developed once a permanent General Manager is on staff, and questioned if this is in fact the final plan. Mr. Astley stated that the Plan as presented is considered the final document but is also intended as a living document to which the new General Manager will have input and build on into the future. COUNCIL MINUTES MAY 14, 2007 - 121 - CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor C. Weylie "That the Kitchener-Waterloo Symphony Business Plan 2007 - 2008, dated May 7, 2007, be referred to staff for review and report as to their findings at the May 28, 2007 special Council meeting." Carried. Notice was given of Council's intention to pass a by-law this date to close part of Glasgow Street, listed as Items 10 (d) and 13 (d) on the Council agenda. No delegations were registered to speak to this matter and no one came forward on invitation by Mayor C. Zehr. Council considered this date Chief Administrator's Office report CAO-07-027 (V. Bradford), dated May 10, 2007 in regard to Clause 2 of the Development and Technical Services Committee report, dealing with a request from the Waterloo Regional Labour Council for support of the manufacturing sector in light of recent job losses to the Region and across the country. Mr. Steve Wagner, Salus Marine Wear, attended in support of the manufacturing sector having been involved in industry for a number of years and currently operating a company of 32 employees. Mr. Wagner suggested that senior governments need to modify current taxation systems by developing a two-tier system, whereby taxation levels are decreased for manufacturing companies in a position of competing with off-shore industry. Mr. Wagner also expressed concerns with the proposed increase in minimum wage to $10., commenting that most minimum wage employees do not live below the cost of living as purported but are rather secondary income wage earners to the household (eg. students). He suggested that decreasing the gap between minimum wage and primary wage earners will drive expectation of higher wages among the latter. Mr. Len Carter, Waterloo Regional Labour Council, advised that he had received a copy of report CAO-07-027 this date and was in support of the revised recommendation contained therein. He added that he would invite the previous delegation to a public meeting on this issue, to be hosted by the Labour Council on May 23, 2007. In response to questions, Mr. Carter agreed that trade issues with other countries are of grave concern and reasonable limits are needed on what can be brought into the country. He noted that the intent of the May 23 public meeting is to gather information to begin development of a strategy to lobby senior governments and welcomed any suggestions of Council. Mayor C. Zehr suggested that the Labour Council work with Economic Development staff in regard to pursuing interests of other organizations across Canada to form a joint presentation. Staff responded to questions, advising that there are a number of Federal initiatives for research, development and training programs that apply to this area and staff will work together to connect businesses who qualify. It was noted that wording of the recommendation was intentionally kept general to leave options open due to the number of programs and continual changes made to them. Councillor J. Gazzola expressed the opinion that a more definitive approach should be taken to add weight to the recommendation. He inquired as to the amount of the Economic Development Investment Fund allocated to the manufacturing sector and was advised that $12M of the $110M was set aside, primarily for greenfield development. Councillor Gazzola expressed the opinion that demonstrates how this City feels about the manufacturing sector and Mayor C. Zehr strongly disagreed with his statement. Staff also commented on the impact of the Toyota plant to be built in Woodstock, noting that there will be positive spin-offs to manufacturing sectors in this Region in that, Toyota is looking to them for supply of materials needed for their assembly operation. It is also anticipated that the new plant will have a positive effect on employment in this area once on-line. On motion by Councillor C. Weylie, seconded by Councillor J. Gazzola, the staff recommendation in report CAO-07-027 in support of the manufacturing sector was brought forward for consideration. At the request of Councillor B. Vrbanovic, Councillor Weylie agreed to amend the motion to provide that the resolution be sent to local MPPs and MPs. Councillor Vrbanovic commented on the importance of becoming more vigilant in advocating this issue to senior governments and suggested that in the coming months as strategies are developed, attention should be given to raising this issue with municipal associations such as the Federation of Canadian Municipalities (FCM) and the Association of Municipalities of Ontario (AMO). He COUNCIL MINUTES MAY 14, 2007 - 122 - CITY OF KITCHENER encouraged the Labour Council to pursue this avenue to determine how they can avail of municipal associations' strengths in lobbying senior governments. Councillor G. Lorentz suggested that the resolution should be sent to FCM and AMO as it was his opinion this is a province -countrywide issue. Mayor C. Zehr pointed out that wording of the current resolution is addressed Regionally and is not likely to be acted upon by the municipal associations until oriented towards senior levels of government. Councillor Vrbanovic added that it had been his intent that more work needs to be done and at a future time, a revised resolution with additional information more pertinent to senior governments be sent to the two associations. Councillor Lorentz indicated that he had no concerns with this approach. Councillor J. Gazzola stated that while he supported the motion, he would like to see it go further in demonstrating support beyond words given the importance of the manufacturing sector to this Region. Mayor C. Zehr suggested that the City has opportunity to do so in supporting the families impacted by the recent MTD plant closure and going forward, can work together with the manufacturing sector to develop more specified strategies to lobby senior levels of government. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 2 of the Development and Technical Services Committee report dealing with a request by the Waterloo Regional Labour Council for support of the manufacturing sector, be amended by deleting the deferral clause and replacing it with the staff recommendation contained in report CAO-07-027, dated May 10, 2007, as amended this date to provide that the resolution be forwarded to local MPPs and MPs." Carried. Mayor C. Zehr raised concerns with Councillor Gazzola's previous remarks related to EDIF that suggested the City does not care about the manufacturing sector. He expressed the opinion that the statement was grossly unfair and an insult to Council. Councillor J. Gazzola responded that it had not been his intent to imply an insult but rather to remind Council of his disagreement with the direction the Fund had taken toward post-secondary education rather than the manufacturing sector. Councillor G. Lorentz commented that EDIF has become an economic generator in the vein it was designed for and it was important to note benefits accrued in the manufacturing sector as a result of spin-offs from the investments made through EDIF. Councillor B. Vrbanovic pointed out that the Fund looks at economic sustainability in a number of different areas and is an important investment to ensure the community thrives and succeeds into the future. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Voted on Clause by Clause. Clause 2 - Dealt with under Delegations and Carried, as Amended. Balance of report -Carried. Moved by Councillor K. Galloway Seconded by Councillor G. Lorentz "That the report of the Community Services Committee be adopted." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the report of the Finance and Corporate Services Committee be adopted." COUNCIL MINUTES MAY 14, 2007 - 123 - CITY OF KITCHENER Councillor J. Gazzola requested clarification of Clause 7 of the report, as to how the decision was made in regard to deferring the Clark Street reconstruction project to 2008 and the impact this would have on area residents. Mr. J. Witmer advised that as a result of additional funding required for disposal of salt-contaminated soils to meet new regulatory requirements, staff reviewed all road construction projects for 2007 and found deferral of the Clark Street project had the least impact to all other projects. Councillor Gazzola questioned if the matter could be deferred until further information was provided in this regard. Mayor C. Zehr noted that staff had given indication that the road infrastructure on Clark Street was not in serious jeopardy and a delay of one year would not cause undue concern. The Finance and Corporate Services Committee report was then voted on Clause by Clause. Clause 7 -Carried. Councillor J. Gazzola requested to be recorded as opposed to Clause 7. Balance of report -Carried. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the report of Heritage Kitchener be adopted." Carried. Mayor C. Zehr reported on Regional issues, advising that both the Waterloo Region Tourism Marketing Corporation and the Regional Community Pandemic Influenza Preparedness Plan have been approved by Regional Council. He added that the Region and six other municipalities will participate in a feasibility study of the Nanticoke-Grand Valley Area Water Supply Project, to explore the construction of a Great Lakes pipeline from the existing Nanticoke water supply system (Lake Erie) to the municipalities in the Grand River Valley area by 2035. Moved by Councillor J. Gazzola Seconded by Councillor J. Smola "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) To further amend By-law 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. (d) Being a by-law to close and sell and to close and retain for a public walkway and landscape barrier certain parts of the public highway known as Glasgow Street in the City of Kitchener. (e) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (f) Being a by-law to repeal By-law 2007-27 amending By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Valley View Heights (St. Jacobs) Limited - Fairway Road / Morrison Road. (g) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Valley View Heights (St. Jacobs) Limited -Fairway Road / Morrison Road. COUNCIL MINUTES MAY 14, 2007 - 124 - CITY OF KITCHENER (h) Being a by-law to set and levy the rates of taxation for City purposes for the year 2007 and to provide for the payment of taxes after interim taxes. (i) Being a by-law to amend By-law No. 2006-122 regarding the rates of taxation for City purposes for the year 2006. (j) Being a by-law to exempt certain lots from Part Lot Control -Blocks 49 and 50, Registered Plan 58M-347 - Rockcliffe Drive. (k) To confirm all actions and proceedings of the Council. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. 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. Gazzola Seconded by Councillor J. Smola "That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. tBy-law No. 2007-88) (b) To further amend By-law 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. tBy-law No. 2007-89) (c) To further amend By-law 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. 2007-90) (d) Being a by-law to close and sell and to close and retain for a public walkway and landscape barrier certain parts of the public highway known as Glasgow Street in the City of Kitchener. tBy-law No. 2007-91) (e) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. tBy-law No. 2007-92) COUNCIL MINUTES MAY 14, 2007 - 125 - CITY OF KITCHENER (f) Being a by-law to repeal By-law 2007-27 amending By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Valley View Heights (St. Jacobs) Limited - Fairway Road / Morrison Road. tBy-law No. 2007-93) (g) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Valley View Heights (St. Jacobs) Limited -Fairway Road / Morrison Road. tBy-law No. 2007-94) (h) Being a by-law to set and levy the rates of taxation for City purposes for the year 2007 and to provide for the payment of taxes after interim taxes. tBy-law No. 2007-95) (i) Being a by-law to amend By-law No. 2006-122 regarding the rates of taxation for City purposes for the year 2006. tBy-law No. 2007-96) (j) Being a by-law to exempt certain lots from Part Lot Control -Blocks 49 and 50, Registered Plan 58M-347 - Rockcliffe Drive. (k) To confirm all actions and proceedings of the Council. tBy-law No. 2007-97) tBy-law No. 2007-98) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:10 p.m. MAYOR CLERK COUNCIL MINUTES MAY 14, 2007 - 126 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That the Mayor and Clerk be authorized to execute an agreement with the registered owner(s) of Lot 26, Registered Plan 58M-339, known as 386 Sienna Crescent, pursuant to Section 9.10.15.2(4) of the Ontario Building Code, said agreement to permit a single family home with the limiting distance for the exposing building face being measured to a point beyond the property line on the adjacent property, and Lot 25, Registered Plan 58M-339, known as 382 Sienna Crescent, to the satisfaction of the City Solicitor. 2. WHEREAS 2.1 million Canadians work in manufacturing jobs in Canada, which includes 1 in 4 jobs in the Waterloo Region; and, WHEREAS manufacturing in Waterloo Region provides employment to 62,000 workers (2005) or 25% of the Region of Waterloo workforce; and, WHEREAS the Region of Waterloo has lost approximately 7000 jobs in the manufacturing sector since the year 2000; and, WHEREAS this loss has had a ripple effect, negatively impacting on the service industry, retail sales, and tax revenues at all levels; and, WHEREAS this loss of tax dollars hurts locally-delivered social services, at a time when the need is greater due to the job losses; NOW THEREFORE BE IT RESOLVED that the Council of the City of Kitchener acknowledges the positive contribution of the manufacturing sector to our local economy; and, BE IT FURTHER RESOLVED that the Council of the City of Kitchener supports the Waterloo Regional Labour Council in their efforts to assist local business in preserving existing employment opportunities in the manufacturing sector, and to bring the challenges facing this sector to the attention of the provincial and federal governments; and, BE IT FURTHER RESOLVED that the Council of the City of Kitchener continues to work with and support its partners to stimulate the creation of employment growth in all sectors of the local economy, including the attraction of high quality manufacturing jobs; and, BE IT FURTHER RESOLVED that with its partner agencies, the Council of the City of Kitchener will continue to encourage the provincial and federal government to strengthen investment initiatives in the Waterloo Region; and, BE IT FINALLY RESOLVED that a copy of this resolution be sent to local MPPs and MPs. (Dealt with under Delegations and Carried, as Amended) 3. That a raised pedestrian crosswalk with curb extensions be installed on Kingswood Drive at Gracefield Crescent (east intersection); and, That a raised pedestrian crosswalk with curb extensions be installed on Kingswood Drive at Lucerne Drive; and, That a series of six (6) speed humps be strategically installed on Kingswood Drive from Block Line Road to Strasburg Road; and, That an all-way stop control be installed at the intersection of Kingswood Drive and Alpine Road; and, That a resident survey on the effectiveness of the speed humps be conducted 6 months after their installation and a report be prepared for Council outlining the neighbourhood's support for these new measures; and further, That these traffic calming measures be installed in June 2007. COUNCIL MINUTES MAY 14, 2007 - 127 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 4. That the master plan process and project schedule outlined for King Street & the City Centre District be continued; and, That City staff and the project team present streetscape alternatives to the public and determine the preferred streetscape solution for King Street and strategies for the City Centre District; and further, That City staff report to the Development & Technical Services Committee on June 18, 2007, and recommend the preferred streetscape solution. COMMUNITY SERVICES COMMITTEE - 1. That the Mayor and Clerk be authorized to execute a License agreement with Kitchener Soccer Club for the use of office space at Budd Park, subject to the satisfaction of the City Solicitor. 2. That the Mayor and Clerk be authorized to execute a Lease agreement with the Kitchener Oktoberfest Lions Club Inc. for the use of designated office space located at Lyle Hallman Pool, subject to the satisfaction of the City Solicitor. 3. That the `Downtown Kitchener -Arts and Culture Cluster Development Framework', as attached to Community Services Department report CSD-07-050, be received; and further, That staff be directed to circulate the `Downtown Kitchener -Arts and Culture Cluster Development Framework' for community comment. FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That Mr. Steven Voll be appointed to represent the Consultant sector on the Economic Development Advisory Committee, for a term expiring November 30, 2008. 2. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Calvary Memorial United Church on Saturday, June 23, 2007, between the hours of 1 P.M. and 4 P.M., for their Annual Strawberry Social. 3. 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 May 27 and June 1, 2007. 4. That Kim Knowles and Roxana Stanciu be appointed to the Compass Kitchener Committee for a term to expire November 30, 2008. 5. That Chief Administrator's Office report CAO-07-024, and attached "2006 Downtown Monitoring Report and Downtown Strategic Plan Update", be received. 6. That the City of Kitchener approve Waterloo Region's Community Pandemic Influenza Preparedness Plan; and further, That the Chief Administrative Officer be authorized to sign the Stakeholder Acknowledgment and Approval Form on behalf of the City of Kitchener. 7. That staff be directed to defer the Clark Street Project's 2007 tendering and construction component until the 2008 construction season; and, COUNCIL MINUTES MAY 14, 2007 - 12$ - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 7. (Cont'd) That staff be directed to transfer the funding from the 2007 Clark Street budget allocation ($2,167,000) into the uncommitted infrastructure account, to be allocated as necessary to the remaining 2007 reconstruction projects at the tender award stage in order to provide funding for the new disposal costs associated with salt contaminated soils on the remaining 2007 reconstruction projects; and further, That staff be directed to endorse continued participation with the Region of Waterloo's initiative to investigate and report on all feasible future long term options for disposal of salt contaminated material. HERITAGE KITCHENER - 1. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2007-V-002 (4 Park Street) be approved, to permit the construction of an addition to the rear of the existing building, in accordance with the plans attached to Development and Technical Services Department report DTS-07-069. 2. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2007-V-003 (12 Richmond Avenue) be approved, to permit the construction of a new addition to replace the existing rear addition, in accordance with the plans attached to Development and Technical Services Department report DTS-07-070; and further, That if feasible, consideration be given to increasing the pitch of the addition's roof. COUNCIL MINUTES May 14, 2007 - 129 - 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. Execution of Engineering Agreement - JHS Properties Inc. -Deer Ridge Estates It was resolved: "That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor for the provision of professional engineering services made between the City of Kitchener and Stantec Consulting Limited, regarding Deer Ridge Estates Subdivision -Stage 6, Block 7, Draft Plan #30T-06202." 2. Various Tenders Dealt with under Delegations. 3. Declaration of Surplus Lands -Adjacent to 212 Courtland Avenue East Council considered Corporate Services Department report CRPS-07-066 (L. Proulx), dated May 8, 2007. It was resolved: "That the City declare as surplus to its needs vacant land measuring approximately 50 by 45 feet located directly behind 212 Courtland Avenue East in Kitchener, more particularly described as Part Lots 12 and 21 of RP390; and, That Legal Services be directed to convey Part Lots 12 and 21 of RP390 to the property owner of 212 Courtland Avenue at fair market value, plus all incidental costs subject to the execution of an agreement of purchase and sale satisfactory to the City Solicitor; and further, That the Mayor and Clerk be authorized to execute the necessary documentation to complete the conveyance." 4. 2007 - 2009 Collective Agreement -IATSE Local 357 Council considered Chief Administrator's Office report CAO-07-025 (D. Daly), dated May 7, 2007. It was resolved: "That the terms and conditions contained in a Memorandum of Settlement dated April 17th, 2007 in connection with the 2007-2009 Collective Agreement with IATSE Local 357, International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada be approved; and further, That the Mayor and Clerk be authorised to execute any documentation arising there from." COUNCIL MINUTES MAY 14, 2007 - 130 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Settlement Agreement Council considered an item arising from in-camera discussion this date regarding a Settlement Agreement. It was resolved: "That the Mayor and Clerk be authorized to execute a Settlement Agreement and any other required documentation in the matter of Kuzmanovic v. the Corporation of the City of Kitchener, subject to the satisfaction of the City Solicitor."