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HomeMy WebLinkAboutCouncil - 2008-12-08COUNCIL MINUTES DECEMBER $, 200$ 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 Pareesa Kousari & Sam Martinello, King School of Vocal. On motion by Councillor G. Lorentz, the minutes of the regular meeting held November 24, 2008 and special meetings held November 24 & December 1, 2008, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Ms. P. Harris, Manager of Licensing, announced the launch of BizPal, an online program to assist prospective business owners in obtaining required licences and documentation from various levels of government. Ms. Harris explained this joint project between all levels of government has been implemented by various municipalities across the country and is being launched in the city with participation from the City of Cambridge and Region of Waterloo. Ms. Harris then gave an online demonstration of how the product works stating the program will be of benefit not only to prospective licensees but for staff as well. Mr. A. Morrow, Director of Development, Global Reach Children's Fund, advised that the Global Reach Children's Fund is anon-profit charity whose primary project is to extend health care and education in Ethiopia. Mr. Morrow explained that although most people would think Ethiopia to be a dry, poverty-stricken country, it is also rich in culture and is developing. He and his colleagues were in attendance this evening to raise awareness of this important project and to recognize Mayor Zehr's support of their organization. Mr. Morrow then presented the Mayor with a token of their appreciation. Mr. D. Bourgeois, Chair, Compass Kitchener, attended to provide the annual update on the activities of Compass Kitchener. He advised that in October, 2006, Council adopted A Plan for a Healthy Kitchener 2007-2027 as the community's vision for 20 years into the future. Compass Kitchener, as an advisory committee of Council, was assigned various tasks under that Plan and he was in attendance this date to provide a status report on some of those initiatives. He advised that the Advisory Committee Review was completed in June 2008 and over the next two years there will be continued work in this area looking at recruitment, terms of references for the committees and developing a diversity lens with respect to recruitment. A Community Engagement Strategy and Policy was developed and delivered in May 2008 based on informing, consulting, collaborating and entrusting the community as a means of working with Council to make improvements for the citizens and businesses of the City. The Diversity Strategy is being developed with staff and will be presented to Council in 2009. Mr. Bourgeois advised that this would be his last update as he has reached the end of his term with Compass Kitchener and he thanked Council for its confidence in the Committee and allowing him the opportunity to serve the community. Mayor C. Zehr extended Council's appreciation for the many years of service Mr. Bourgeois has given to the community. Ms. P. Bellamy, resident of Bruce Street, attended to voice her opposition to Clause 4 of the Development and Technical Services Committee report regarding the 2009 New Sidewalk Construction Program. Ms. Bellamy advised that she was opposed to the construction of a sidewalk on her side of Bruce Street pointing out that homes there have existed for 50 years without a sidewalk and 98 percent of the homeowners that she petitioned stated they were against the proposed sidewalk. Ms. Bellamy further advised that she did attend the public meeting and found that this area of Bruce Street did not meet any of the criteria and questioned why the City would consider installing a sidewalk when it was not a priority and there is no demand for it. In response to a question raised by Council, Ms. Bellamy explained that the survey she took on Bruce Street consisted of approximately 100 homes of which 98 percent of the owners were against the installation of the sidewalk. Mr. G. Murphy, Director of Engineering Services, advised that although a complete survey of the affected properties was not completed, homeowners were invited by letter to a public open house and were given an opportunity to submit their comments. Mr. Murphy explained that installation of a sidewalk was being proposed in 2009 due to: a request by property owners on Bruce Street; the fact that Bruce Street has been on the list for a new sidewalk for the past 3-4 years; and, in order to address accessibility issues. COUNCIL MINUTES DECEMBER $, 200$ - 360 - CITY OF KITCHENER Mr. Bob Starr, resident of Bruce Street, attended in support of the recommendation advising that Bruce Street is busy with drivers using this route as a means of entering the Conestoga Expressway and that the installation of a sidewalk was a matter of safety. Mr. Starr pointed out that although a school is closing in the area, one public school still remains. In response to questions raised by Council, Mr. Starr advised that the section of Bruce Street in question is located between Frederick Street and Fife Avenue and there is a sidewalk on one side of the street. On motion by Councillor C. Weylie, seconded by Councillor J. Gazzola, Clause 4 of the Development and Technical Services Committee report regarding the 2009 New Sidewalk Construction Program was brought forward for Council's consideration. Councillor C. Weylie suggested that perhaps Bruce Street listed in the New Sidewalk Construction Program should be deferred to allow outstanding neighbourhood issues to be resolved. Councillor J. Smola suggested that the issue of whether or not to install the sidewalk on Bruce Street between Frederick and Fife is a matter of safety concerns and is the only area in the Rosemount neighbourhood that does not have a sidewalk on both sides of the street. Councillor J. Gazzola raised a concern that the recommendation coming from the Development and Technical Services Committee was missing direction for a review of the sidewalk program. Mayor Zehr pointed out that the direction referred to by Councillor Gazzola is part of the minutes of the Committee meeting whereby staff was given direction to undertake a review and report back to the Committee. Councillor G. Lorentz suggested that the direction given to staff is important and should be included as part of the motion. On the request of Councillor G. Lorentz, it was agreed to amend the motion by adding the following paragraph: `That staff be directed to undertake a full review of the existing policy and criteria including clarification of the approval process relative to the new Sidewalk Infill Program.' A motion moved by Councillor C. Weylie, seconded by Councillor J. Gazzola to defer the inclusion of Bruce Street from Frederick Street to Fife Avenue to allow staff to conduct a further review and report back to Council, was voted on and Lost. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 4 of the Development and Technical Services Committee report of this date, as amended, be adopted." Voted on in two separate parts. Bruce Street -Frederick Street to Fife Avenue - Carried. Balance of the 2009 New Sidewalk Construction Program -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 G. Lorentz Seconded by Councillor B. Vrbanovic "That Expression of Interest E08-090, Consultant Services -Road Reconstruction -Madison Avenue (Mill Street to Schneider Creek), be awarded to IBI Group, Waterloo, at their estimated fee of $201,952., including a contingency of $17,485. 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- COUNCIL MINUTES DECEMBER $, 200$ - 361 - CITY OF KITCHENER "That Expression of Interest E08-078, Consultant Services -Road Reconstruction -Samuel Street / Simeon Street / Hohner Avenue, be awarded to The Walter Fedy Partnership, Kitchener at their estimated fee of $408,234.75, including a contingency of $35,345. 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 T08-095, Breithaupt Street Reconstruction (Waterloo Street to Weber Street), be awarded to Terracon Underground Ltd., Brantford, Ontario at their corrected tendered price of $1,449,085.67, including miscellaneous items and contingencies of $242,020. 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 Proposal P08-069, Firefighter Protective Equipment (Bunker Suits), be awarded to PPE Solutions Inc., Val Caron, Ontario at their proposed price of $76,162. per year, including P.S.T. & G.S.T., with an option to renew for an additional four (4), one (1) year terms, with a price increase not to exceed 3.5% per year." Carried. In regard to Tender T08-100 -Charles and Benton Parking Garage Construction, Council also considered Development and Technical Services Department report DTS-08-206, dated December 3, 2008, regarding funding options. Mr. J. McBride, Director of Transportation Planning, advised that the tender for the Charles and Benton parking structure included an option, to be priced separately, for the construction of an additional stairway that would exit directly onto Charles Street. Mr. McBride further advised that in order to reduce costs, the tender before Council this evening does not include the optional stairwell at the proposed cost of $428,571. Councillor B. Vrbanovic inquired if the Kitchener Downtown Business Association (KDBA) had been made aware of this exclusion as it was his understanding the KDBA were very supportive of the Charles Street stairwell. Mr. McBride replied that although there has been extensive consultation with the KDBA regarding the project, they were not made aware of the tender submitted for Council's consideration as staff was aware of the KDBA's position on the matter. Councillor Vrbanovic asked what would be required should the Charles Street stairwell be included in the project. Council was advised that inclusion of the stairwell would require: an increase in the debenture to fund the stairwell adding $35,000. annually or, extra funding from the Provincial Investing in Ontario Grant program or, re-prioritize other capital infrastructure projects to find the required funds. Councillor J. Gazzola pointed out that the financial summary shows construction contingency at 5% and asked if there were other contingencies contained within the other listed expenditures. Mr. McBride advised that the contingency for the entire project is contained within that 5% line item and that staff believe this is reasonable for this type of project. Councillor C. Weylie suggested that the additional stairwell leading onto Charles Street will address safety issues whether real or perceived and asked if a Crime Prevention Through Environmental Design (OPTED) audit has been completed for this project. Mr. McBride responded that an audit was completed, deficiencies identified including the stairwell leading onto Hall's Lane and these issues have been addressed. Councillor Vrbanovic asked if it was feasible to count on the contingency not being spent in its entirety that would allow the optional stairwell to be installed. Mr. McBride advised that all efforts are made to not spend contingencies, however, with such a large project, there will be changes as the project progresses which will result in some additional costs. Councillor Vrbanovic advised that the KDBA made a strong argument for inclusion of the Charles Street stairwell and it is important that the parking garage be safe and be perceived as being a safe facility. He suggested that the tender should include the Charles Street stairwell and that it be funded from the Ontario Grant Program. Councillor K. Galloway asked if the idea of eliminating the stairwell COUNCIL MINUTES DECEMBER $, 200$ - 362 - CITY OF KITCHENER at Hall's Lane yet maintaining an exit there had been considered. Mr. McBride responded that it was looked at, however, the majority of users of the parking garage will want to exit at Hall's Lane and / or Benton Street, and Charles Street would not be a primary exit for most users. A motion moved by Councillor B. Vrbanovic, seconded by Councillor C. Weylie, to amend the tender for the Charles and Benton Parking Garage construction by including the optional Charles Street stairwell at a cost of $428,571. was voted on and Lost on a recorded vote with Councillors Vrbanovic and Weylie voting in favour and Mayor C. Zehr and Councillors Smola, Gazzola, Galloway and Lorentz voting in opposition. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Tender T08-100, Charles and Benton Parking Garage Construction, be awarded to Melloul-Blarney Construction Inc., Waterloo at their tendered price of $15,319,500., including G.S.T., and less $614,250., including G.S.T., for the masonry portion of the contract; and, That the City award the masonry portion of the contract to J.D. Masonry Limited, Guelph, Ontario; and further, That the Mayor and City Clerk be authorized to execute agreements satisfactory to the City Solicitor." Carried Unanimously on a recorded vote. Council considered Tender T08-015 -King Street -Frederick / Benton Street to Francis Street and Speaker's Corner - Road and Streetscape Construction. In addition, Council considered Development and Technical Services Department report DTS-08-201, dated December 1, 2008, and report DTS-08-166, dated December 1, 2008, listed as Items 2 and 3 respectively on the Committee of the Whole agenda this date. Mr. G. Murphy provided a chronology of the project to date advising in May 2008 the detailed cost estimates were completed and Council approved the $8.8M project budget. In order to meet the approved budget, the original design concept had to be amended and some items were reduced or removed from the contract entirely. In addition, there will be approximately $750,000. in cost recoveries that can be added to the approved budget bringing the total cost for the project at approximately $9.6M. Mr. Murphy explained that the three reports being considered by Council regarding this project are: awarding of the construction tender at a price of $7,597,166.; the extension of the purchase order for IBI Group to a maximum amount of $100,000. for additional services provided during the design phase; and, retaining the IBI Group as the engineering consultant without going through the normal procedure for selection to undertake the contract administration and inspection of the project at a cost of $498,399. A concern was raised regarding the financial figures in all three reports and the difficulty of determining exactly what is being spent and for what. Mayor C. Zehr pointed out that the financial summary attached to the tender report provides the cost breakdown without many details as to what exactly makes up those line items and he requested that a more detailed summary be provided to Council to show how the final figures were determined. Councillor J. Gazzola raised a concern with awarding the contract to IBI Group for contract administration and inspection without going through the normal tendering process. He also asked what would happen if the City didn't proceed with the project at this point in time. Mr. R. Regier, Executive Director, Economic Development, advised that the Economic Development Investment Fund and other strategies within the Downtown area have been successful in initiating long term investment in the Downtown and that the King Street project ties many of the initiatives together. Ms. C. Ladd also pointed out that part of the project is being funded from a Provincial grant which would be lost and may not be available should the project go forward at a future date. Councillor B. Vrbanovic inquired if staff has had dialogue with the KDBA regarding the tender and proposed new scope for the project. Mr. S. Allen, Manager, Engineering Design and Approvals, advised that although there has been ongoing discussions with the KDBA regarding this project, they were not consulted on with respect to the changes as it was felt that the changes were required in order to bring the project within budget and those changes would not have a high impact on the KDBA. COUNCIL MINUTES DECEMBER $, 200$ - 363 - CITY OF KITCHENER Councillor Vrbanovic raised a concern with the lack of consultation with the KDBA explaining the Association may have been in a position to partner with the City for some of those items such as the accent lighting which had been removed from the project. Ms. Ladd advised that she received an email from Mr. M. Garner, Executive Director of the KDBA, advising that the reports were distributed to members of the Board and he believed that the cost mitigation strategy was okay with the Board members. Councillor Vrbanovic suggested that the KDBA as a major stakeholder in this project should be involved as the City moves forward and requested information as to a communications plan. Mr. G. Murphy advised that staff will prepare a report on a communications plan to be presented to Council in January 2009. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Tender T08-015, King Street -Frederick/Benton Street to Francis Street and Speakers Corner -Road and Streetscape Construction, be awarded to Steed and Evans Limited, Kitchener, at their revised tendered price of $7,597,166., including contingencies of $453,015. and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors J. Smola, B. Vrbanovic, K. Galloway, G. Lorentz and C. Weylie. Contra: Councillor J. Gazzola Motion Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Council approves the extension of the purchase order for IBI Group to a maximum amount of $100,000 (excl. GST) for additional services provided during the design phases of the King Street and City Centre District Streetscape Master Plan with actual fees to be negotiated between the City and IBI Group." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors J. Smola, B. Vrbanovic, K. Galloway, G. Lorentz and C. Weylie. Contra: Councillor J. Gazzola Motion Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the normal procedure for the selection of Engineering Consultants be waived; and That the City retain the IBI Group as the Engineering Consultant to undertake the Contract Administration and Inspection of the King Street Streetscape project; and further That an extension to the original purchase order to the IBI Group be approved in the amount of $498,399 excluding GST, to cover the Contract Administration and Inspection services for the King Street Streetscape project." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors J. Smola, B. Vrbanovic, K. Galloway, G. Lorentz and C. Weylie. COUNCIL MINUTES DECEMBER $, 200$ - 364 - CITY OF KITCHENER Contra: Councillor J. Gazzola Motion Carried. Mr. Joe Souliere, resident, attended to raise concerns regarding job losses in the Kitchener-Waterloo area especially in the manufacturing sector. He advised that other areas of employment have also been affected by the recent economic downturn such as transportation warehousing which is making an impact on all workers including youth. Mr. Souliere asked if the City has undertaken any initiative to ensure that `Made in Canada' products were being used for any of the City projects and if not, suggested a policy be established to do so. Mayor C. Zehr advised that the issue of stipulating `Made in Canada' products in tenders or requests for proposals has been discussed with Purchasing and it is his understanding that this was not possible. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Mr. A. Pinard, Interim Director of Planning, advised that staff received a letter from Ms. Jennifer Voss, Manager of Planning for the Activa Group, requesting clarification with respect to the Planning Act and the legislated authority as it relates to site plan applications relative to Clause 3 of the Development and Technical Services Committee report this date. Mr. Pinard further advised that the letter has been circulated to members of Council and in response staff is proposing a minor amendment to Official Plan Amendment OP/08/05/COK/TMW by inserting a footnote to Schedule `I' as follows: `Information and materials required to process a site plan approval application shall be limited to those matters that are under Section 41 of the Planning Act, as may be amended from time to time.' Mr. Pinard advised that the by-law would remain exactly as presented to the Development and Technical Services Committee and only Schedule `I' would have this minor amendment; and that in consideration of the fact that it is a minor amendment under the Planning Act, no further notice is required. The Development and Technical Services Committee report was then voted on Clause by Clause. Clause 3 -Carried, as Amended. Clause 4 - Dealt with under Delegations and Carried, as Amended. Balance of report -Carried. Mayor C. Zehr advised there were members of the public in attendance with respect to the item listed under Unfinished Business regarding a Zone Change Application to remove triplexes as a permitted use in the Mt. Hope -Huron Park and K-W Hospital Planning Communities. He suggested and it was agreed to deal with this matter at this time. Council was in receipt of Development and Technical Services Department report DTS-08-205 dated December 3, 2008. Mr. A. Pinard advised that the subject zone change application was brought before the Development and Technical Services Committee on October 20, 2008 and the Committee recommendation was to defer the matter to the Council meeting this date to allow staff the opportunity to meet with those members of the public who attended the meeting or sent a written submission to determine the potential for exempting their properties from the proposed by-law. He further advised that since that time staff have completed the review and have determined 43 properties would be adversely affected by the proposed zone change. Therefore, staff is recommending those properties be removed from the zone change. Mr. Pinard explained that the zone change by-law is exactly the same as the one that was presented at the October 20th Committee meeting with the exception that the 43 properties in question have been exempted in the schedules. That being the case, it is staff's opinion that this amendment is minor and therefore no further public notice is required. COUNCIL MINUTES DECEMBER $, 200$ - 365 - CITY OF KITCHENER Mr. Brian Smith, resident, attended on behalf of the neighbourhood association expressing support for the amended by-law and extended appreciation to staff and Council. Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That amendments to Zoning By-law 85-1, ZC 07/18/COK/TMW, to add a special use provision to prohibit triplexes on certain properties in the Mount Hope -Huron Park and K-W Hospital Planning Communities which do not meet either the minimum lot area requirement or the minimum lot width requirement for triplexes in the R-5 Zone, be approved in the form as shown in the `Proposed By-law' dated December 3, 2008, attached to report DTS-08-205." Carried. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That the report of the Community Services Committee be adopted." Council considered this date Community Services Department report CSD-08-097 (M. Hildebrand), dated December 2, 2008, concerning Clause 1 of the report dealing with a comprehensive Public Art Policy. Councillor G. Lorentz advised the report has a revised Public Art Policy attached containing a section that was omitted in error from the Policy presented at the Community Services Committee meeting of December 1, 2008. The Community Services Committee report was then voted on Clause by Clause. Clause 1 -Carried, as Amended. Balance of report -Carried. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That the report of the Finance and Corporate Services Committee be adopted." Carried. Councillor C. Weylie advised that the Belmont Village Business Improvement Association has expressed concern regarding proposed redesign of Belmont Avenue and would be coming before Council in January 2009 to discuss the matter. Council agreed to a request of Mr. R. Gosse, City Clerk, to add two additional by-laws for three readings this date being a by-law to implement Official Plan Amendment No. 76 and a by-law to require pre-submission consultation meetings for applications under the Planning Act, both by-laws relative to Clause 3 of Development and Technical Services Committee report. Moved by Councillor C. Weylie Seconded by Councillor K. Galloway "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend Chapter 502 of the City of Kitchener Municipal Code with respect to Adult Entertainment Parlours. (b) To confirm all actions and proceedings of the Council. (c) Being a by-law to adopt Amendment No. 76 to the Official Plan -City of Kitchener - To implement New Requirements for Complete Applications. (d) A by-law to require Pre-Submission Consultation prior to submitting applications for Amendments to the City's Official Plan, Zone Changes, Site Plans, Plans of Subdivision and Plans of Vacant Land Condominium. COUNCIL MINUTES DECEMBER $, 200$ - 366 - CITY OF KITCHENER and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor 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 B. Vrbanovic "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor J. Smola Seconded by Councillor K. Galloway "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to amend Chapter 502 of the City of Kitchener Municipal Code with respect to Adult Entertainment Parlours. (b) To confirm all actions and proceedings of the Council. tBy-law No. 2008-199) tBy-law No. 2008-200) (c) Being a by-law to adopt Amendment No. 76 to the Official Plan -City of Kitchener - To implement New Requirements for Complete Applications. tBy-law No. 2008-201) (d) A by-law to require Pre-Submission Consultation prior to submitting applications for Amendments to the City's Official Plan, Zone Changes, Site Plans, Plans of Subdivision and Plans of Vacant Land Condominium. tBy-law No. 2008-202) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:28 p.m. MAYOR CLERK COUNCIL MINUTES DECEMBER $, 200$ - 367 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That Demolition Control Application DC08/17/H/GS requesting permission to demolish one single detached dwelling located at 571 Huron Road, owned by Activa Holdings Inc., legally described as Plan 1382 Lot 4, be approved without conditions. 2. That the draft Kitchener Growth Management Strategy (KGMS) and draft KGMS Implementation Program - Phase I Framework as attached to Development and Technical Services Department report DTS-08-198, be received for information; and, That the draft KGMS and supporting draft documents be referred to the KGMS Task Force for discussion and comment and returned, with any necessary changes and with supporting recommendations, to the January 19, 2009 Development and Technical Services Committee meeting for consideration; and further, That pending approval of the KGMS at the January 26, 2008 Council meeting, the KGMS Implementation Program - Phase I Growth Management Plan be presented at the February 9, 2009 Development and Technical Services Committee meeting for information and public review, with a final version to be presented at the March 2, 2008 Development and Technical Services Committee meeting. 3. The City Initiated Official Plan Amendment OP08/05/COK/TMW, which implements new requirements for complete applications under the Planning Act, be adopted in the form shown in the Official Plan Amendment attached to Development and Technical Services Department report DTS-07-176, as amended by adding the following: `Information and materials required to process a site plan approval application shall be limited to those matters set out under Section 41 of the Planning Act, as amended.'; and, That the adopted Official Plan Amendment be forwarded to the Region of Waterloo for approval; and further, That the by-law to require Pre-Submission Consultation Meetings for applications for Plans of Subdivision, Plans of Vacant Land Condominium, for amendments to the City's Official Plan, Zone Changes and Site Plans, be approved in the form shown in the "Proposed By-law", dated October 29, 2008, attached to Development and Technical Services Department report DTS- 08-176. (As Amended) 4. That the following locations be approved for installation of new sidewalk in the 2009 New Sidewalk Construction program: 1) Arnold Street: from Lancaster Street to Oxford Street 2) Bruce Street: from Victoria Street to Fife Avenue 3) Doon Valley Drive: from 200m east of Old Mill Road to end 4) Heritage Drive: from Ottawa Street to Shaftsbury Drive 5) North Drive: from Queens Boulevard to Spadina Road; and, That the proposed installation of new sidewalk in 2009 on Rockway Drive, from Floral Crescent to Doon Road, be deferred for a period of one (1) year to allow outstanding neighbourhood issues to be resolved; and further, That staff be directed to undertake a full review of the existing policy and criteria including clarification of the approval process relative to the new Sidewalk Infill Program. (As Amended) COUNCIL MINUTES DECEMBER $, 200$ - 36$ - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - 1. That Policies I-285 Public Art Collection Management Policy; I-340 Guidelines for Art/Artifact and Management Policy; I-485 Public Art Policy; and I-650 Percent for Art Policy be repealed and replaced with the Public Art Policy in the form attached to Community Services Department report CSD-08-097. (As Amended) 2. That the expenditure of $179,000 for the development of section G at Williamsburg Cemetery to be financed internally from new revenues earned through the sale of the new lots and niches, be approved. FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Canadian Cancer Society for their annual Relay For Life event to be held at Resurrection Catholic Secondary School between the hours of 12:00 noon on Friday, June 19, 2008 and 8:00 a.m. on Saturday June 20, 2009. 2. That the Mayor and Clerk be authorized to execute an amending agreement, subject to the satisfaction of the City Solicitor, with 1614310 Ontario Inc. to extend consulting services on the Corporate Financial and Infrastructure Management System (Delta) Project from April 29, 2009 to December 31, 2009 at an estimated cost of $135,200. plus GST; and further, That the Mayor and Clerk be authorized to execute an amending agreement, subject to the satisfaction of the City Solicitor, with CFO Services Group Inc. to extend consulting services on the Corporate Financial and Infrastructure Management System (Delta) Project from July 1, 2009 to December 31, 2009 at an estimated cost of $52,920. plus GST. 3. That the Mayor and Clerk be authorized to execute an agreement, subject to the satisfaction of the City Solicitor, allowing for increased security services to the Waterloo Regional Children's Museum for the duration of the exhibit entitled "The Art of Andy Warhol", as outlined in Corporate Services Department report CRPS-08-185. 4. That the draft Council Policy relating to the administration and enforcement of snow events, as attached to Corporate Services Department report CRPS-08-188, be approved. 5. That the criteria and process for publicizing and selecting two (2) citizen advisors to sit on the Local Environmental Action Fund (LEAF) Steering Committee, as outlined in Development and Technical Services Department report DTS-08-202, be approved. COUNCIL MINUTES DECEMBER $, 200$ - 369 - 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. King Street & City Centre District Streetscape Master Plan -Design PO Extension Dealt with under Delegations. 3. Contract Administration and Inspection Services -King Street Streetscape Project Dealt with under Delegations. 4. Encroachment Agreement -10 King Street West Council considered Corporate Services Department report CRPS-08-193 (J. Sheryer), dated December 3, 2008. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the owner(s) of the business operating as Exhibit Cafe located at 10 King St. W. (PIN 2231 6-01 1 2 LT) to legalize the proposed projecting sign and metal support bracket and lighting which will encroach approximately 3.94', more or less, over the City's King St. W. road allowance." 5. Surplus Land Designation -Land Exchange between City of Kitchener, JHS Properties Inc. and Grand River Conservation Authority Council considered this date Corporate Services Department report CRPS-08-189 (F. McCrea), dated December 4, 2008. It was resolved: "That Part Lot 12, Beasley's Broken Front Concession designated as Parts 6, 7 and 8 on Reference Plan 58R-13892, in the City of Kitchener (shown as Parcel A on the attached Schedule "A"), be declared surplus to the City's needs; and, That Part of Block 11, Registered Plan 58M-270, designated as Parts 1 and 2 on undeposited reference plan prepared by Guenther Rueb Surveying Limited -their file number B-2193, in the City of Kitchener (shown as Parcels B and E on the attached Schedule "A"), be declared surplus to the City's needs; and, That Block 21, Registered Plan 58M-326, designated as Parts 1, 2 and 3 on undeposited reference plan prepared by Guenther Rueb Surveying Limited -their file number B-2192, in the City of Kitchener (shown as Parcel G on the attached Schedule "A"), be declared surplus to the City's needs; and further, That Part of Lot 11, Beasley's Broken Front Concession designated as Part 2 on Reference Plan 58R-10533, in the City of Kitchener (shown as Parcel C on the attached Schedule "A"), be declared surplus to the City's." COUNCIL MINUTES DECEMBER $, 200$ - 370 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 6. Charles and Benton Parking Structure Tender Funding Options Dealt with under Delegations. 7. Request to Sell Refreshments -University Co-operative Education Program Council considered Corporate Services Department report CRPS-08-192 (P. Harris), dated December 2, 2008. It was resolved: "That the request of University Co-operative Education Program to sell refreshments in Civic Square on Sunday, December 14, 2008 be approved, provided the necessary licence is obtained, including Health approval." $. Release of Easement - 299 Sydney Street, 541, 547 and 553 Courtland Avenue East and 530 Mill Street, Kitchener Council considered Corporate Services Department report CRPS-08-188 (L. MacDonald), dated November 26, 2008. It was resolved: "That Legal Services be authorized to prepare and register a Transfer Release and Abandonment releasing all the rights of the City contained in Instrument No. A30950 and a Notice of Claim registered as Instrument No. 1444329 as it affects Part of Lots 23 and 25, of J.Y. Shantz' Survey, now known as Part Lots 1 and 2, Plan 692, Lots 351 and 352, Plan 262, Part Lot 23, and Part Park Lot 25, Plan 404, municipally known as 299 Sydney Street, 541, 547, 553 Courtland Avenue E., and 530 Mill Street, Kitchener; and further, That the Mayor and Clerk be authorized to execute any and all documentation required to facilitate the registration of the said release satisfactory to the City Solicitor."