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HomeMy WebLinkAboutCouncil - 2008-10-27COUNCIL MINUTES OCTOBER 27, 200$ 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 the 34th Kitchener Girl Guides. On motion by Councillor C. Weylie, the minutes of the regular meeting held October 6, 2008 and special meetings held October 6 & 20, 2008, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Councillor G. Lorentz raised concerns with a recent article published in The Record concerning an Ontario Municipal Board (OMB) hearing for lands known as the former BF Goodrich site. Councillor Lorentz stated that the information contained in the article was not consistent with his knowledge of the matter and requested clarification of staff. Mr. T. Speck, General Manager, Corporate Services, stated that staff too had concerns with the manner in which the information was presented in the article which relates to an OMB hearing held this past week to address a citizen appeal of the consent received by South Kitchener Holdings to sever a portion of the former BF Goodrich site. Mr. Speck advised that contrary to what was reported in the article, the portion of the site which is the subject of the OMB hearing is not the parcel of land that the City is purchasing for its Consolidated Maintenance Facility (CMF) and while present at the hearing, the City was not an active participant in the proceedings. He added that the article also suggested that an Environmental Impact Study is being kept from the public by the City which is not the case. He pointed out that the Study is the property of South Kitchener Holdings and was provided to the City as part of the normal planning process but is not yet final and is still subject to review and comment by approval authorities. Mr. Speck advised that once finalized and as per normal practice, the report will be made available for public review; however, the City is legally prohibited by copyright from making and / or releasing copies of the report without the owners consent. He added that to do otherwise would place the City at risk of a lawsuit, and at additional cost to the taxpayer. Mr. Speck expressed disappointment that the City was not contacted prior to publication of the article to provide balance and clarification of the facts. Mr. Dan Howard attended in regard to Clause 3 of the Heritage Kitchener report of this date, concerning Heritage Permit Application HPA 2008-V-017 for 24 Dill Street. Mr. Howard circulated this date a drawing illustrating the past and proposed appearance of the front fagade of the house located on the subject property; together with a petition of support signed by neighbouring property owners. Mr. Howard advised that he wished to install three front windows and a front door in the style shown on the drawing and has shared his renovation plans with his neighbours who are in support. He noted that the windows proposed for the front fagade are the same as those approved by Heritage Kitchener to be installed on either side of the house and he would like the front windows to be consistent. He added that he had already purchased the windows at considerable investment. In response to questions, Mr. Howard advised that he did not agree with the Heritage Kitchener recommendation as it relates to installation of the front door and three front windows, asking that he be allowed to proceed with the windows as shown on his drawing. Mr. Leon Bensason, Heritage Planner, presented background information advising that staff first became aware of the owner's plan for renovations in 2007 at which time approval of a demolition permit was granted to demolish and re-construct an existing rear addition. At that time, the owner was made aware that his property is located within the Victoria Park Heritage Conservation District Plan (VPHCDP) and all that is entailed in respect to the policies and guidelines of the Plan. The intent of the Plan is to conserve and enhance historic buildings and to ensure compatible alterations; primarily in respect to features that are visible from the public realm and which contribute to the streetscape and character of the surrounding neighbourhood. The house is of the Berlin Vernacular architectural style and the owner is now seeking permission to undertake major renovation work to the front and side elevations of the building's structure. All proposed renovations are in compliance with the policies and guidelines of the VPHCDP, except those proposed to the front fagade. The proposed triangular design of the window and door transoms does not comply with the features of the Berlin Vernacular architectural style. The owner has already proceeded with the renovations and to allow the work to continue, Heritage Kitchener is recommending approval of all renovations except those to the front fagade. It was the Committee's opinion that the latter sets dangerous precedent as the alterations are not in compliance with the guidelines and is recommending these alterations not proceed until new drawings illustrating compliance with the guidelines are submitted. Mr. Bensason advised that staff met with the owner following the Heritage Kitchener meeting to further discuss COUNCIL MINUTES OCTOBER 27, 200$ - 299 - CITY OF KITCHENER options for a style of transom that would be in keeping with the VPHCDP guidelines. The owner was asked to submit new drawings but to date staff have not received any from the owner. Councillor G. Lorentz requested clarification in respect to how the proposed alterations do not comply. Mr. Bensason stated that straight /rectangular lines are typical features of the Berlin Vernacular architectural style and at issue is the triangular shape of the window and door designs. He pointed out that the contemporary design proposed for the front windows and door has impact by setting the primary tone of the home as it relates to the streetscape. Councillor Lorentz stated that while he understood staff's intent to maintain the integrity of the guidelines, it was his opinion the proposed alterations provide better curb appeal than no alteration to the existing fagade and questioned the harm in allowing the proposed design given the location of the building is on a small side street. Councillor C. Weylie inquired if any similar circumstances have occurred previously in instances where a property owner has been advised of the guidelines and yet did not or could not comply. Mr. Bensason responded that there have been none in his experience and staff has always been able to work with the owner to meet both their objective and that of the Heritage District Plan. Councillor J. Gazzola requested support for the recommendation of Heritage Kitchener, commenting on the importance of adhering to the policies and guidelines approved by Council to protect and preserve the cultural /heritage attributes of a Heritage Conservation District. He noted that the owner had proceeded with the work prior to seeking approval through the HPA process; and once an application was submitted, Heritage Kitchener gave considerable allowance to the owner except in respect to the front fagade, which they felt should comply given it is the primary focus of the building. At the request of Councillor G. Lorentz, Mr. Howard was provided an opportunity to re-address Council. Mr. Howard stated that his goal was to increase value to the home and surrounding neighbourhood and at the time he purchased the home, he was not aware that it resided in a Heritage Conservation District. He raised concerns with a lack of communication with purchasers of homes that are impacted by Heritage Conservation District Plans and stated that he had seen others altered without heritage permits. He commented that he wanted to make alterations that would result in a high energy efficient home and that he had purchased the windows before he knew of the heritage guidelines. He stated that while he had agreed with Heritage Kitchener's recommendation, he subsequently came to the conclusion that he could not comply given the financial investment he had already made. Councillor G. Lorentz inquired as to the extent of the financial investment made by Mr. Howard, who advised he had purchased all windows required and the door at a total cost of $25,000. Councillor Lorentz inquired if Mr. Howard had been made aware of heritage aspects by neighbours at the time of purchasing the home. Mr. Howard indicated that many of his neighbours had moved in around the same time and were also not aware of the heritage implications. He stated that he had found out that a Heritage Permit Application was required when he had applied for a building permit and at that time he had already purchased the windows. Councillor B. Vrbanovic inquired if Heritage Conservation District Plans are registered on title. Mr. Bensason advised that the VPHCDP is not registered on title; adding that this information would only be known to the homebuyer's lawyer, if the lawyer requested a Letter of Compliance. He pointed out, however, that information is mailed to affected property owners annually as part of the heritage grant process and it was generally his experience that property owners are aware of the Plan which has been in existence for the past 10 years. Councillor Vrbanovic inquired if the former property owner had conveyed information concerning heritage matters at the time the home was sold to Mr. Howard, who responded that they had not. Councillor Vrbanovic inquired if it was possible to change the existing windows from triangular to rectangular and Mr. Howard advised this was not possible as they are prefabricated windows. Councillor J. Gazzola requested clarification as to when the windows were purchased and Mr. Howard advised that he purchased the windows after applying for the building permit. Councillor Gazzola inquired if Mr. Howard had been told at the time he applied for the building permit of the guidelines and Mr. Howard stated that he had been but did not know what that meant. Councillor Gazzola asked if he had contacted the City for clarification and Mr. Howard advised that he had but was required to make an appointment which was scheduled for one month later and in the interim, he COUNCIL MINUTES OCTOBER 27, 200$ - 300 - CITY OF KITCHENER had purchased the windows. It was noted that 14 windows had been purchased of which three plus the door were to be installed in the front fagade, bringing the amount of his financial investment that is in question to approximately $4,500. Councillor Lorentz inquired if staff had considered a method of notifying new homebuyers of homes impacted by Heritage Conservation District Plans. Mr. Bensason advised that where staff is aware a property is changing hands, they have sent the new homeowner pertinent information. Councillor Lorentz inquired if a consolidated effort has been considered, with perhaps a registered letter so there is a record of it having been sent. Mr. Bensason replied that this has not been done, however, he agreed that it would be a good approach for staff to investigate. He added that new Heritage Conservation District Plans approved after 2005 are registered on title and staff could also investigate the feasibility of registering older Heritage Conservation District Plans. Councillor Lorentz requested clarification of the events leading to Heritage Kitchener's recommendation this date. Mr. Bensason reiterated that staff first became aware of the owner's plan for renovations in 2007, working with the owner through a demolition process for the rear addition, and the proposed windows were approved for the east and west sides of the rear addition. It was at that time, that the owner indicated to staff his intent to use the same windows for the front fagade and was advised that he would need to submit a Heritage Permit Application. The owner subsequently attended a Heritage Kitchener meeting without submitting the required application and at that time, he advised the Committee that he was interested in using the same windows because of the savings in buying all windows at one time. Heritage Kitchener gave direction that the owner make application, with illustration of the renovation plans, so that it could be properly considered at the Committee's January 2008 meeting. The owner did not submit the required application and staff continued to attempt to communicate with the owner from January through September 2008 without success. Mr. Bensason advised that staff only became aware that the owner was proceeding with the renovations at the time the owner applied for a building permit for interior work that had implications to the outer fagade. Staff contacted the owner again to advise that the Heritage Permit Application was required in respect to the front fagade and the owner then submitted an application showing the proposed windows. Mr. Bensason advised that at issue is the triangular transoms proposed for the front windows and door which are not in keeping with the Berlin Vernacular architectural style. Councillor C. Weylie referred to the petition of support by neighbouring property owners and inquired if there was any option for one particular street within a Heritage Conservation District to be exempt. Mr. Bensason stated that a few streets have gone through such a process but in the majority of instances, staff has been able to work with the property owner to achieve what is desired within the guidelines. Councillor Gazzola commented that while he understood the concerns raised, it was his opinion that Council should preserve the intent of the policy and guidelines and encourage the property owner to work with staff to a satisfactory solution. Councillor K. Galloway advised that she could not support Heritage Kitchener's recommendation, commenting that the proposed windows have been approved for installation on the sides of the structure and she could agree with the property owner's desire to have a consistent look for the entire building structure. Councillor Vrbanovic questioned what alternative the property owner would have, having already purchased prefabricated windows. Mr. J. Willmer, Interim General Manager, Development and Technical Services, advised that the owner could apply for a Heritage Property Grant which may provide some costs toward new windows that would comply with the guidelines. Mr. Bensason added that the grant program is structured to fund authentic restoration and if the property owner agreed to comply with the proper style of transoms grant funding may be applied. Councillor Vrbanovic advised that he was inclined not to support Heritage Kitchener's recommendation given the Heritage Conservation District Plan is not registered on title and there is no process in place to provide assurance that the heritage aspects are conveyed to new purchasers. He suggested that direction should be given to staff to follow-up on the notion of registering older Heritage Conservation District Plans on title. Mayor Zehr asked that Clause 3 of the report be dealt with firstly and then if desired, Council could bring forward a subsequent motion to address the issue of notification. COUNCIL MINUTES OCTOBER 27, 200$ - 301 - CITY OF KITCHENER Mayor C. Zehr advised that he could support the recommendation as he was not convinced that the property owner was unaware of the heritage implications prior to purchasing the windows, particularly in that, the property owner did not respond to staff's repeated attempts to communicate with him. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That Clause 3 of the Heritage Kitchener report of this date be adopted." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors J. Gazzola, J. Smola and C. Weylie. Contra: Councillors G. Lorentz, K. Galloway and B. Vrbanovic. Motion Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That Heritage Kitchener be directed to investigate a means to notify purchasers of homes within Heritage Conservation Districts of the polices and guidelines of their respective Heritage Conservation District Plan; and the feasibility of registering Heritage Conservation District Plans approved prior to 2005 on title." Carried. 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 B. Vrbanovic Seconded by Councillor G. Lorentz "That Expression of Interest E08-063, Consultant Services -Road Reconstruction -Cedar Street (Charles to St. George), be awarded to McCormick Rankin Corporation, Kitchener at their estimated fee of $118,898., including a contingency of $10,294. 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 T08-074, Supply and Operate Snow Removal Equipment, Service A, the blowing of snow within sections of the defined zones, be awarded to Beastmaster Farm, Breslau, ON, Stan Driscoll & Sons Snow Removal, Moorefield, ON, Moorefield Excavating, Harriston, ON, and McLellan Group, Brantford, ON at their tendered hourly rates, for athree-year period with the estimated annual value of this portion of the contract is $245,400., plus G.S.T. per season; and further, That Tender T08-074, Supply and Operate Snow Removal Equipment, Service B, establishing a list of available contractors to provide equipment for snow clearing and removal on an as- required basis, be awarded to Humphries Lawn & Snow, Kitchener, ON, R.M. Adams Trucking Ltd., Kitchener, ON, Moorefield Excavating, Harriston, ON, Beastmaster Farm, Breslau, ON, Stan Driscoll & Sons Snow Removal, Moorefield, ON, Hoffman Services Inc., New Hamburg, ON, McLellan Group, Brantford, ON and DMJ Excavating & Landscaping, Caledonia, ON at their tendered hourly rates, for athree-year period with the estimated annual value of this portion of the contract is $138,000., plus G.S.T. per season." -and- COUNCIL MINUTES OCTOBER 27, 200$ - 302 - CITY OF KITCHENER "That Tender T08-084, One (1) Rubber Tired, Articulated Loader with Five (5) Sets of Keys, complete to specification CKF-252-2008, be awarded to Nortrax Canada Inc., Cambridge, Ontario at their adjusted tendered price of $239,530.62, including P.S.T. & G.S.T., plus optional equipment of one (1) 14' plow at a cost of $23,848.65 and one (1) Load Rite scale at a cost of $2,203.50, including P.S.T. & G.S.T." -and- "That Expression of Interest E08-071, Consultant Services -Homer Watson House & Gallery Master Plan, be awarded to Goldsmith Borgal & Company Ltd. Architects, Toronto, Ontario at their estimated fee of $75,000., including G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Director of Purchasing be authorized to execute an agreement satisfactory to the City Solicitor." -and- "That Expression of Interest E08-097, Prequalification of General Contractors -Charles and Benton Parking Structure, be awarded to the following companies: • The Atlas Corporation Concord, ON • Bird Construction Company Toronto, ON • Bondfield Construction Company Limited Concord, ON • Buttcon Limited Concord, ON • Kenaidan Contracting Ltd. Mississauga, ON • Melloul-Blarney Construction Inc. Waterloo, ON • Vanbots Construction Corporation Markham,ON." -and- "That Quotation Q08-088, LCD Monitors, be awarded to Genx Solutions, Toronto, Ontario at their quoted price of $25,092.78, including P.S.T. & G.S.T." -and- "That Tender T08-082, Middle Strasburg Trunk Sanitary Sewer, be awarded to Network Site Services Ltd., Cambridge, Ontario at their corrected tendered price of $1,178,904.83, including provisional items and contingencies of $180,000. 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 Expression of Interest E08-091, Engineering Consultant Services -Bridge Inspections, be awarded to Totten Sims Hubicki Associates (1997) Limited doing business as AECOM, Kitchener, Ontario at their estimated fee of $39,270., including a contingency of $3,400. and G.S.T." Carried. Councillor K. Galloway disclosed a pecuniary interest in regard to Expression of Interest E08-058 (Consultant Services -Park Master Plan), listed as Item B.1 iv) on the Committee of the Whole agenda this date, as one of the contractors working in association with GSP Group Inc. is a family member, and abstained from all discussion and voting concerning this matter. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That Expression of Interest E08-058, Consultant Services -Park Master Plan, be awarded to GSP Group Inc., Kitchener at their estimated fee of $157,216.50, including a contingency of COUNCIL MINUTES OCTOBER 27, 200$ - 303 - CITY OF KITCHENER $7,500. 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." Carried. Mayor C. Zehr referred to the format of tender reports, advising that Mr. Gordon pointed out to him that the same information contained in the charts attached as appendices to the reports is also included in the body of the report. Mayor Zehr advised that Mr. Gordon has asked that the information continue to be provided in the chart format only to avoid duplication. Councillors K. Galloway and B. Vrbanovic commented that they found it easier to read the information as contained in the body of the report and preferred to continue with the current format. At the request of Mayor Zehr, it was agreed to proceed with the change in the tender report format on atrial basis. Moved by Councillor J. Gazzola Seconded by Councillor C. Weylie "That the report of the Development and Technical Services Committee be adopted." Carried. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That the report of the Community Services Committee be adopted." Councillor K. Galloway requested that Clause 3 be voted on separately, advising that her concerns remain the same as those she conveyed at the October 20, 2008 Community Services Committee meeting. The Community Services Committee report was voted on Clause by Clause. Clause 3 -Carried. Balance of report -Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the report of the Finance and Corporate Services Committee be adopted. Council considered this date Financial Services Department report FIN-08-145 (W. Malcolm), dated October 24, 2008, relative to Clause 2 of the report dealing with natural gas rates. The report provided additional information pertaining to the proposed rate increase to system gas customers. The Finance and Corporate Services Committee report was then voted on Clause by Clause. Clause 2 -Carried, as Amended. Balance of report -Carried. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the report of Heritage Kitchener be adopted." Voted on Clause by Clause COUNCIL MINUTES OCTOBER 27, 200$ - 304 - CITY OF KITCHENER Clause 3 - Dealt with under Delegations and Carried, on a recorded vote. Balance of report -Carried. At the request of Councillor G. Lorentz, staff was directed to prepare a report for consideration at a future Development and Technical Services Committee meeting outlining a priority listing of road work to be undertaken in 2009. 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: (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (d) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 17, Registered Plan 1822 -Orchid Crescent. (e) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 19, Registered Plan 1822 -Orchid Crescent. (f) Being a by-law to exempt certain lots from Part Lot Control -Part of Lots 26 and 27, Registered Plan 1827 -Golden Terrace Court. (g) Being a by-law to exempt certain lots from Part Lot Control -Part of Lot 21, Registered Plan 1827 -Golden Terrace Court. (h) Being a by-law to exempt certain lots from Part Lot Control -Part of Lots 8 and 10, Registered Plan 58M-1 -Highbrook Court and Highbrook Crescent. (i) Being a by-law to exempt certain lots from Part Lot Control -Blocks 10, 11, 12, 13, 14, 15, 16, 17, 19, 20, 30, 31 and Part of Block 9, Registered Plan 58M-394 -Upper Mercer Street and Lower Mercer Street. (j) 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 C. Weylie as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor C. Weylie 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. COUNCIL MINUTES OCTOBER 27, 200$ - 305 - CITY OF KITCHENER 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. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. tBy-law No. 2008-172) (b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. tBy-law No. 2008-173) (c) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. tBy-law No. 2008-174) (d) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 17, Registered Plan 1822 -Orchid Crescent. tBy-law No. 2008-175) (e) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 19, Registered Plan 1822 -Orchid Crescent. tBy-law No. 2008-176) (f) Being a by-law to exempt certain lots from Part Lot Control -Part of Lots 26 and 27, Registered Plan 1827 -Golden Terrace Court. tBy-law No. 2008-177) (g) Being a by-law to exempt certain lots from Part Lot Control -Part of Lot 21, Registered Plan 1827 -Golden Terrace Court. tBy-law No. 2008-178) (h) Being a by-law to exempt certain lots from Part Lot Control -Part of Lots 8 and 10, Registered Plan 58M-1 -Highbrook Court and Highbrook Crescent. tBy-law No. 2008-179) (i) Being a by-law to exempt certain lots from Part Lot Control -Blocks 10, 11, 12, 13, 14, 15, 16, 17, 19, 20, 30, 31 and Part of Block 9, Registered Plan 58M-394 -Upper Mercer Street and Lower Mercer Street. tBy-law No. 2008-180) (j) To confirm all actions and proceedings of the Council. tBy-law No. 2008-181) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. COUNCIL MINUTES OCTOBER 27, 200$ - 306 - CITY OF KITCHENER On motion, the meeting adjourned at 8:20 p.m. MAYOR CLERK COUNCIL MINUTES OCTOBER 27, 200$ - 307 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That Demolition Control Application DC08/11/P/KA requesting permission to demolish one single detached dwelling located at 163 Plains Road, owned by Becker Estates Inc., legally described as German Company Tract, Pt Lots 159 and 160, be approved, subject to the following conditions: a) That prior to the application being approved by Council, the owner complete and submit proper photographic documentation of the house to the satisfaction of the City's Coordinator of Cultural Heritage Planning, and b) That prior to the application being approved by Council, the owner submit a Letter of Undertaking, to the satisfaction of the City Solicitor, agreeing to confirm in writing that the main entrance doorway and side panels have been removed and donated to an appropriate heritage museum or if the items are not accepted by a heritage museum, an appropriate heritage reclamation organization, to the satisfaction of the City's Coordinator of Cultural Heritage Planning. 2. That Demolition Control Application DC08/12/H/KA requesting permission to demolish one single detached dwelling located at 780 Huron Road, owned by Becker Estates Inc., legally described as German Company Tract, Pt Lot s158 and 159, be approved, subject to the following conditions: a) That prior to the application being approved by Council, the owner complete and submit proper photographic documentation of the house to the satisfaction of the City's Coordinator of Cultural Heritage Planning; b) That prior to the application being approved by Council, the owner submit scale drawings of the house to the satisfaction of the City's Coordinator of Cultural Heritage Planning; and, c) That prior to the application being approved by Council, the owner submit a Letter of Undertaking, to the satisfaction of the City Solicitor and the City's Coordinator of Cultural Heritage Planning agreeing: i. that the owner's heritage consultant, Robert Anderson (or delegate) of Carson Woods Architects Limited shall be present on site during the demolition of the subject dwelling; ii. to demolish/disassemble the house with care and sensitivity, to enable the heritage consultant to assess the underlying log structure and determine whether it warrants retention; iii. that if the underlying log structure is deemed to warrant retention, further consideration will be given, in consultation with the City's Coordinator of Cultural Heritage Planning, to identify options that would achieve an appropriate level of conservation. 3. That Demolition Control Application DC08/13/F/AP requesting permission to demolish one single detached dwelling located at 1201 Fischer Hallman Road, owned by RBJ Schlegel Holdings Inc., legally described as Lot 3, Plan 1470, be approved without conditions. 4. That Kitchener-Wilmot Hydro be encouraged to support Community Renewable Energy Waterloo (CREW) Power Saving Network as a means of promoting energy conservation. COUNCIL MINUTES OCTOBER 27, 200$ - 30$ - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 5. That consideration of the following recommendation, contained in Development and Technical Services Department report DTS-08-159, be deferred to the Council meeting of December $, 200$, to allow staff the opportunity to meet with all those who attended the Development and Technical Services Committee meeting of October 20, 2008 or sent a written submission, to determine the potential of exempting their properties from the proposed by-law: "That Council directed amendments to Zoning By-law 85-1, ZC07/18/COK/TMW, to add a special use provision to prohibit triplexes on properties in the Mount Hope-Huron Park and K- WHospital Planning Communities which do not meet either the minimum lot area requirement or the minimum lot width requirement in the R-5 Zone, be presented for Council's consideration in the form shown in the attached "Proposed By-law" dated September 17, 2008, attached to Report DTS-08-159." 6. That no further action be taken at this time to address exemptions to the three (3) hour parking limit provision of the City of Kitchener Uniform Traffic By-law No 2007-138. COMMUNITY SERVICES COMMITTEE - 1. WHEREAS the Government of Ontario, in its November 2007 Throne Speech, committed to developing a Poverty Reduction Strategy for Ontario; and, WHEREAS the 25-in-5 Network for Poverty Reduction, representing over 100 provincial associations and people committed to action on eliminating poverty, has launched a campaign to reduce poverty in Ontario by 25% in 5 years, and has developed a Declaration which outlines the actions required to achieve this, based on sustained employment, liveable incomes and strong supportive communities; and, WHEREAS the 25-in-5 Network is seeking endorsements from municipal councils for its Declaration, and has already received support from such cities as Cambridge, Ottawa, London and Toronto; THEREFORE BE IT RESOLVED that the City of Kitchener endorse the 25-in-5 Network's Declaration. 2. That the report of the Arts and Culture Advisory Committee regarding its achievements of 2007 and 2008 as outlined in Community Services Department Report CSD-08-084, be received. 3. That a general provision grant request in the amount of $1,800., from the Bethany Evangelical Missionary Church, for costs associated with transporting thee (3) bleacher units for their annual Christmas Pageant to be held December 5, 6 and 7, 2008 be approved; and, That the rental fees for the three (3) bleacher units be waived; and further, That due to the positive impact from the event in the Downtown, staff prepare a report for a future meeting of the Community Services Committee on how to continue similar funding in future. 4. That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with Allan MacKay for the commission and installation of his artwork titled "Relocation & Transformation of Memory" at Speaker's Corner. FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below, that Council take no action to oppose the application for a liquor license for Exhibit Cafe Inc. located at 10 King Street West applied for by Exhibit Cafe Inc. (herein referred to as the "Applicant"); and further, COUNCIL MINUTES OCTOBER 27, 200$ - 309 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 1. (Cont'd) 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; and, 2. to become a member of the Kitchener Downtown Business Association's License and Entertainment Committee and attend its meetings; and, 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); and, 4. to stop serving alcohol by 12:01 a.m. daily in the first year of holding the liquor licence and thereafter to stop serving alcohol by 2:00 a.m. daily; and, 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; and, 6. to comply with the Noise By-law and the Smoking By-law; and further, 7. these conditions shall bind all successors, assigns and subsequent licence holders (if any). 2. That the supply component of the natural gas rates be increased to 31.6 cents per cubic meter from 28.0 cents per cubic meter for system gas customers of the City of Kitchener effective November 1, 2008; and further, That the transportation component of the natural gas rates be increased to 5.284 cents per cubic meter from 4.114 cents per cubic meter for system gas customers of the City of Kitchener effective November 1, 2008 to reflect the final rates charged by TransCanada Pipelines as previously approved by the National Energy Board. (Carried, as Amended) 3. That the proposed fees and charges contained in the 2009 Comprehensive Fee Review attached to Financial Services Department report FIN-08-132, with the exception of building permit fees which will be considered at the regularly scheduled meeting of Council on November 24, 2008, be approved, as amended to provide that: a) Development and Technical Services (Engineering / Planning) - 2009 fee for Condominium, other than vacant land, be adjusted as follows: • application fee plus be set at $4,200.; • per unit fee, previously set at $58., be removed; • modification /exemption fee be set at $600.; • registration fee be set at $1,360.; and, b) Development and Technical Services (Engineering) - 2009 fee for Municipal Consent Plan Review be set at $225.; and, c) Development and Technical Services (Engineering) - 2009 Administration and Site Inspection fee, be adjusted as follows: • street fronting residential (per dwelling unit) fee be set at $150.; • ICI and multi-residential (per lot or block) fee be set at $600.; and, COUNCIL MINUTES OCTOBER 27, 200$ - 310 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 3. (Cont'd) d) Corporate Services (Legal) - 2009 fees for all Encroachment Agreements, save and except Downtown patios, be adjusted as follows: • application fee be set $200.; • processing fee be set at $170; • annual fee calculated in accordance with the formula and terms outlined in Corporate Services Department reports CRPS-08-093 and CRPS-08-150; and, That the Manager of Cemeteries be directed to forward the Cemetery Tariff of Fees and Charges to the Ministry of Government Services -Cemeteries Regulation Unit for filing; and further, That Legal Services staff be directed to prepare the necessary by-laws to amend The City of Kitchener Municipal Code Chapters for fees and charges pertaining to licensing, planning applications, and Committee of Adjustment applications. 4. That the following capital projects be included in the 2009-2018 Capital Forecast for consideration by the Finance and Corporate Services Committee as part of the 2009 budget deliberations, as outlined in Financial Services Department report FIN-08-113: Capital Proiect Proiect Cost Proiect Year SAP / Cityworks Software Upgrade $ 275,000 2014 $ 285,000 2018 Point of Purchase System Upgrade $ 50,000 2012 $ 50,000 2016 Development and Maintenance of the Tax / Utility System (CIS) $ 100,000 2009 $ 32,000 2010 $ 164,000 2011 $ 298,000 2012 $ 532,000 2013 $ 545,000 2014 $ 556,000 2015 $ 565,000 2016 $ 565,000 2017 $ 1,914,000 2018 Uncommitted Water Mains $ 99,000 2009 Trenchless Pipe Rehabilitation $ 250,000 2009 Main Replacement -Tyson Avenue $ 80,000 2011 Main Replacement -Bridge Street $ 300,000 2009 Main Replacement -Victoria South $ 350,000 2010 Main Replacement -Frederick Street $ 100,000 2010 Main Replacement -Victoria Park $ 125,000 2009 COUNCIL MINUTES OCTOBER 27, 200$ - 311 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 4. (Cont'd) Capital Proiect Proiect Cost Proiect Year Demand Side Management $ 92,000 2009 $ 88,000 2010 $ 84,000 2011 $ 80,000 2012 $ 75,000 2013 $ 70,000 2014 $ 65,000 2015 $ 60,000 2016 $ 55,000 2017 $ 300,000 2018 Replace Gas Mains $ 102,000 2009 $ 104,000 2010 $ 106,000 2011 $ 106,000 2012 $ 108,000 2013 $ 110,000 2014 $ 112,000 2015 $ 114,000 2016 $ 117,000 2017 $ 238,000 2018 New Large Meter Installs $ 36,000 2009 $ 34,000 2010 $ 33,000 2011 $ 32,000 2012 $ 30,000 2013 $ 29,000 2014 $ 28,000 2015 $ 27,000 2016 $ 25,000 2017 $ 100,000 2018 New Gas Meter Sets $ 100,000 2009; and further, That the contract for the CIS consu ltant (John Little) be extended by 6 months to June 30, 2009 to complete the "Multi-Tiered Delivery Rates Project" and assist with the technical requirements for the Gas Distribution Access Rules (GDAR) Phase II . 5. That the following capital projects be included in the 2009-2018 Capital Forecast for consideration by the Finance and Corporate Services Committee as part of the 2009 budget deliberations, as outlined in Chief Administrator's Office report CAO-08-033: Capital Proiect Proiect Cost Proiect Year Market Salary Survey $ 20,000 2010 $ 20,000 2013 $ 20,000 2016 On-Line Recruiting System $ 40,000 2009; and further, That the Corporate Communications budget for Print Shop /Collator in 2009 of $102,000 and Collator #2 in 2012 of $151,000, be reallocated as follows: COUNCIL MINUTES OCTOBER 27, 200$ - 312 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 5. (Cont'd) Capital Proiect Proiect Cost Proiect Year Financial reporting /billing software $ 40,000 2009 Colour copier replacement $ 93,000 2014 Black and white copier replacement $ 119,230 2017 6. That the following capital projects be included in the 2009-2018 Capital Forecast for consideration by the Finance and Corporate Services Committee as part of the 2009 budget deliberations, as outlined in Corporate Services Department report CRPS-08-163: Capital Project Project Cost Project Year Foundation leaks - Rockway Senior Centre $ 400,000 2009 Roof -General Provision -Various City Facilities $ 2,250,000 2016 - 2018 Replacements -Various City Facilities $ 725,000 2014 - 2018 Maintenance -Community Centres $ 70,000 2010 - 2018 F/M Maintenance - Kiwanis Park $ 165,000 2009 - 2018 Aquatics New Pool $ 94,000 2014 - 2018 Activa Twin Pad $ 511,000 2010 - 2018 7. That the following capital projects be included in the 2009-2018 Capital Forecast for consideration by the Finance and Corporate Services Committee as part of the 2009 budget deliberations, as outlined in Community Services Department report CSD-08-083: Capital Proiect Proiect Cost Proiect Year Auditorium Dehumidification $ 390,000 2018 Bridgeport Community Centre Expansion $ 2,063,000 2009 - 2015 McLennan Park $ 50,000 2010 $ 500,000 2011 $ 700,000 2014 Skateboard Parks $ 50,000 2014 $ 500,000 2015 Major Park Development $ 750,000 2015 South Kitchener District Park Development $10,000,000 2014 - 2015 Tree Inventory -Active Parkland $ 200,000 2014 - 2015 Williamsburg Cemetery Phase 2 Development $ 100,000 2009 COUNCIL MINUTES OCTOBER 27, 200$ - 313 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 8. That the following capital projects be included in the 2009-2018 Capital Forecast for consideration by the Finance and Corporate Services Committee as part of the 2009 budget deliberations, as outlined in Development and Tech nical Services Department report DTS-08- 151: Capital Project Project Cost Project Year Homer Watson Sewage Pumping Station Upgrade $ 150,000 2009 Freeport Sewage Pumping Station Upgrade $ 300,000 2009 Highway #8 Sanitary Sewer Crossing (Kingsbury Drive) $ 600,000 2009 Blockline Road Extension from Hanson Avenue to Courtland Avenue $ 1,000,000 2009 - 2010 Wabanaki Drive Extension $ 2,556,555 2009 Huron Road Upgrade $ 1,000,000 2009 Transportation Demand Management Initiatives $ 45,000 2009 Heritage Drive Traffic Calming Modifications $ 50,000 2009 9. That the following capital projects be included in the 2009-2018 Capital Forecast for consideration by the Finance and Corporate Servic es Committee as part of the 2009 budget deliberations, as outlined in the Kitchener Public Library's report, dated October 3, 2008: Capital Proiect Proiect Cost Proiect Year Pioneer Park HVAC $ 30,000 2009 Fundraising Campaigns and Activities $ 161,000 2009 Main Library Roof $ 270,000 2009 10. That the Mayor and Clerk be authorized to execu te an agreement, satisfactory to the City Solicitor, with ThyssenKrupp Elevator (Canada) Limited for the procurement of elevator maintenance services for Kitchener City Hall at a cost of $3,695. per month for a period of 5 years commencing on October 28, 2008. HERITAGE KITCHENER - 1. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2008-V-016, be approved to permit the construction of a new garage at 93 Joseph Street, in accordance with the plans submitted with the application, subject to the final building permit drawings being reviewed by Heritage Planning staff prior to the issuance of a building permit; and further, That if feasible, squared windows be used in place of the proposed vaulted windows outlined in the plans submitted with the application. 2. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2008-IV-018, be approved to permit the installation of two projecting signs and the construction of a patio at 70 King Street East, in accordance with the plans submitted with the application, subject to the final building permit and sign permit drawings being reviewed and COUNCIL MINUTES OCTOBER 27, 200$ - 314 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER - (CONT'D) 2 (Cont'd) confirmed as acceptable by Heritage Planning staff prior to issuance of building and sign permits; and further, That green tinted glass be used for the patio enclosure, subject to meeting the City's visibility requirements. 3. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2008-V-017, be approved to permit alterations to 24 Dill Street, subject to the following terms and conditions: i. the final building permit drawings being reviewed and confirmed as acceptable by Heritage Planning staff prior to the issuance of a building permit for the following work, as outlined in the plans submitted with the application: • demolition of the front porch and construction of a new front porch; • alteration of the roofline on the side (west) elevation dormer; • the installation of EIFS cladding; and, • the installation of new windows and window openings on the side (east and west) elevations; and further, ii. the installation of a new door and windows on the south (front) elevation of 24 Dill Street, as proposed in Heritage Permit Application HPA 2008-V-017, not proceed until plans are submitted that comply with the Building Conservation Guidelines of the Victoria Park Heritage Conservation District Plan. (Dealt with under Delegations and Carried on a recorded vote) COUNCIL MINUTES OCTOBER 27, 200$ - 315 - 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. Tag Dav Request - Roval Canadian Sea Cadets Council considered correspondence from Ms. E. Bailey, Tag Day Co-ordinator, K-W Navy League Branch, dated October 7, 2008, requesting permission to conduct Tag Days on December 12-14, 2008. It was resolved: "That the request of the Royal Canadian Sea Cadets Corps Warspite to conduct Tag Days on the evening of December 12, and on December 13 and 14, 2008, at various malls, grocery stores, liquor store entrances, as outlined in correspondence from E. Bailey, dated October 7, 2008, be granted." 3. Restrictive Covenants -155 Washburn Drive Council considered Corporate Services Department report CRPS-08-176 (L. MacDonald), dated October 22, 2008. It was resolved: "That on October 21, 2008, the property described as Part Lot 12, Registered Plan 1471, designated as Parts 16 & 29 of Reference Plan 58R-7426 and municipally known as 155 Washburn Drive, Kitchener was in substantial compliance with the restrictions set out in the Application to Annex Restrictive Covenants registered as Instrument No. WR325819; and further, That the Mayor and Clerk be authorized to execute any documentation approved by the City Solicitor to show Council's consent to the mortgage financing of Decora Homes Inc. in compliance with the restrictive covenants registered on title of the lands located at 155 Washburn Drive, Kitchener." 4. Restrictive Covenants - 560 Bingemans Centre Drive Council considered Corporate Services Department report CRPS-08-171 (L. MacDonald), dated October 22, 2008. It was resolved: "That on October 22, 2008, the property described as Part Lots 122 & 123 G.C.T. being Parts 1 & 4 on Plan 58R-15289, and municipally known as 560 Bingemans Centre Drive, Kitchener complied with the restrictions set out in Instrument No. WR206780 being an Application to Annex Restrictive Covenants; and further, That the Mayor and Clerk be authorized to execute any documentation approved by the City Solicitor to show consent to the conveyance of the property municipally known as 560 Bingemans Centre Drive from Cit Financial Ltd." COUNCIL MINUTES OCTOBER 27, 200$ - 316 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Release of Restrictive Covenants - 56 Trillium Park Place Council considered Corporate Services Department report CRPS-08-161 (L. MacDonald), dated October 22, 2008. It was resolved: "That on October 1, 2008, the property described as Lots 15 - 17, Registered Plan 1478, and municipally known as 56 Trillium Park Place, Kitchener, with the exception of grading, substantially complied with the restrictions set out in Schedule "A" to Instrument Nos. #344769 #489327, #577150, #679781 and #344769; 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 5 in the Schedule of restrictive covenants to the Deeds, registered as Instrument Nos. #344769, #489327, #577150, #679781 respecting the property described as Lots 15 - 17, RCP 1478, and municipally known as 56 Trillium Park Place, 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." 6. Committee of Adiustment Decisions -Various Council considered Corporate Services Department report CRPS-08-165 (D. Gilchrist) dated October 22, 2008, concerning various decisions of the Committee of Adjustment. Council also considered this date Corporate Services Department report CRPS-08-185 (D. Gilchrist), dated October 22, 2008, requesting that Sign Variance Application SG 2008-007 (100 Sportsworld Drive) be referred back to the Committee of Adjustment and a new Notice of Hearing be published to correctly identify the location of one of the signs to be erected. Council concurred with staff's request. It was resolved: "That the application of Mark and Kim Grisold (FN 2008-012 - 135 Islington Avenue) requesting legalization of an existing 1.8m (6') high wooden fence located 0.6m (2') from the side lot line abutting Islington Avenue rather than the required 1.5m (5'), on Lot 110, Plan 841, 135 Islington Avenue, Kitchener, Ontario, BE REFUSED." -and- "That the application of Kathy Shaw (SG 2008-004 - 196 Victoria Street South) requesting permission to locate a ground supported sign on a lot having a width of 11.5m (37.73') rather than the required 15m (49.21') and permission to use 44% of the area of the ground supported sign for changeable copy rather than the permitted 30%, on Part Lot 2, Plan 439, 196 Victoria Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit, prior to relocating the sign. 2. That the owner shall relocate the sign outside of any driveway visibility triangles, prior to December 31, 2008." -and- COUNCIL MINUTES OCTOBER 27, 200$ - 317 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 6. Committee of Adiustment Decisions -Various tCont'd) "That the application of Realex (70 King) Inc. (SG 2008-005 - 70 King Street East) requesting permission to erect a projecting sign, on the King Street fagade to project 2.2m (7.21 `) from the wall of the building rather than the permitted 1.5m (4.92`) and to have internal illumination rather than external illumination, on Lot 1 & Part Lots 13 & 14, Plan 364, being Part 3, Reference Plan 58R-6977, 70 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain an encroachment agreement for the portion of the sign extending over City lands. 2. That the owner shall ensure that the internal illumination for the proposed sign is limited to the portion of the sign containing the words "Tap and Grill" and to the Crabby Joe character as shown on the submitted sign drawing, or to a maximum of 30 % of the total sign area, whichever is the lesser. 3. That the owner shall obtain a Sign Permit prior to erecting the sign." -and- "That the application of Realex (70 King) Inc. (SG 2008-005 - 70 King Street East) requesting permission to erect a projecting sign on the Frederick Street fagade, to project 2.2m (7.21') from the wall of the building rather than the permitted 1.5m (4.92'), on Lot 1 & Part Lots 13 & 14, Plan 364, being Part 3 Reference Plan 58R-6977, 70 King Street East, Kitchener, Ontario, BE REFUSED." -and- "That the application of Kitchener Gospel Temple (SG 2008-006 - 9 Conway Drive) requesting permission to replace an existing sign with a ground supported sign to have a height of 3.1 m (10.17') rather than the permitted 3m (9.84'), and permission for a ground supported sign to have an area of 12.18 sq. m. (131.1 sq. ft.) rather than the permitted 3 sq. m. (32.29 sq. ft.), on Block D, Registered Plan 1197, 9 Conway Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit from the City of Kitchener prior to the installation of the approved sign. 2. That the owner shall include the municipal address of the property on the sign, sized as per the requirements of the Sign By-law. 3. That the owner shall provide coniferous plantings, keeping with the style of the existing landscaping on the property, at the base of the sign, and that such landscaping treatment shall be included on the site plan submitted with the sign permit application for review and approval by staff. Such landscaping shall be installed within eight (8) months of approval of the variance application. No extension to the eight (8) month time limit will be given without the approval of the Supervisor of Site Plan Development." -and- "That the recommendation of the Committee of Adjustment concerning Sign Variance Application SG 2008-007 (100 Sportsworld Drive) be referred back to the Committee of Adjustment and a new Notice of Hearing be published for this application to be re-heard at the Committee's November 18, 2008 meeting." COUNCIL MINUTES OCTOBER 27, 200$ - 31$ - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 7. Permission to Sell Merchandize -City Hall Rotunda -Osteoporosis Canada Council considered Corporate Services Department report CRPS-08-175 (P. Harris), dated October 20, 2008. It was resolved: "That the request of Osteoporosis Canada to sell merchandise in the City Hall Rotunda, 200 King Street West on November 14, 2008 be approved, provided the necessary licence is obtained." $. Appointment of Nominating Committee and Extension of Current Term Council considered Corporate Services Department report CRPS-08-178 (R. Gosse), dated October 22, 2008. Councillor J. Gazzola requested clarification of the Nominating Committee appointments. Mr. R. Gosse, City Clerk, advised that the Terms of Reference provide for 5 public member appointments, however, after twice advertising for these positions, the City has received only 4 applications. It is proposed to make these appointments and proceed with the 4 members for this year. On motion by Councillor B. Vrbanovic, it was agreed to amend the staff recommendation by deleting in the second paragraph the phrase "...when the new appointments are made; whichever occurs first" and replacing it with the phrase "and the new appointments when made become effective January 1, 2009." It was resolved: "That Bradley Barbour, Sherry Landry, Holt Sivak and Gillian Wells be appointed to the Nominating Committee of the City of Kitchener for a term expiring November 30, 2010; and further, That the current terms of the Advisory Committees, the Aeronautical Noise Management appointee, Kitchener Housing appointee and the Property Standards Committee be extended to December 31, 2008 and the new appointments when made become effective January 1, 2009." 9. Amendments to Non-Binding Letter of Intent -Andrin Investments Limited Council considered the following resolution arising from in-camera discussion this date. It was resolved: "That the Mayor and Clerk be authorized to execute any amendments to the non- binding Letter of Intent with Andrin Investments Limited, as authorized by Council in- camera; said amendments to be satisfactory to the City Solicitor."