HomeMy WebLinkAboutFin & Corp Svcs - 2009-04-20FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 20, 2009 CITY OF KITCHENER The Finance and Corporate Services Committee met in special session this date commencing at 10:36 a.m. Present: Councillor B. Vrbanovic -Chair Mayor C. Zehr and Councillors J. Smola, G. Lorentz, J. Gazzola, K. Galloway and C. Weylie. Staff: C. Ladd, Chief Administrative Officer D. Chapman, General Manager, Financial Services & City Treasurer T. Speck, General Manager, Corporate Services J. Willmer, Interim General Manager, Development & Technical Services P. Houston, General Manager, Community Services S. Adams, Director, Community & Corporate Planning R. Regier, Executive Director, Economic Development H. Gross, Director, Project Administration & Economic Investment L. MacDonald, Director, Legal Services & City Solicitor S. Adams, Director, Community & Corporate Planning R. Gosse, Director, Legislated Services & City Clerk J. Witmer, Director of Operations S. Turner, Director, By-law Enforcement K. Weiss, Director, Business Development C. Fletcher, Director, Facilities Management F. McCrea, Assistant City Solicitor S. Wright, Manager of Downtown Community Development L. Baillargeon, Manager, Asset Optimization G. Hummel, Manager of Parking Planning, Development and Operations M. Petricevic, Manager, Projects/Energy Management P. Harris, Manager of Licensing B. Steiner, Senior Environmental Planner C. Bluhm, Urban Investment Advisor J. Billett, Committee Administrator D. Gilchrist, Committee Administrator 1. CAO-09-024 -DOWNTOWN ADVISORY COMMITTEE - APPOINTMENT OF SUBURBAN REPRESENTATIVE The Committee considered Chief Administrator's Office report CAO-09-024, dated April 9, 2009 providing the Downtown Advisory Committee recommendation that Mr. A. Doherty be appointed to the Downtown Advisory Committee as the Suburban Sector Representative. In response to questions, Councillor Smola advised that this position was advertised through the usual process, and no one applied. Mr. Doherty attended a few meetings of the Downtown Advisory Committee, and put his name forward for this position. On motion by Councillor J. Smola - it was resolved: "That Mr. Alan Doherty be appointed to represent the Suburban Sector of the Downtown Advisory Committee, for a term expiring November 30, 2010." 2. CRPS-09-040 -REQUEST FOR COMMUNITY FESTIVAL DESIGNATION - OUR LADY OF PATINA FESTIVAL - 154$ FISCHER-HALLMAN ROAD -SEPTEMBER 5 & 6. 2009 The Committee considered Corporate Services Department report CRPS-09-040, dated April 6, 2009, recommending that the Our Lady of Fatima Festival be declared a "Community Festival" and that the City has no objection to a liquor licence being issued for this event. On motion by Councillor J. Smola - it was resolved: FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 20, 2009 - 60 - CITY OF KITCHENER 2. CRPS-09-040 -REQUEST FOR COMMUNITY FESTIVAL DESIGNATION - OUR LADY OF PATINA FESTIVAL - 154$ FISCHER-HALLMAN ROAD -SEPTEMBER 5 & 6, 2009 tCONT'D) "That the City of Kitchener has no objection to a liquor licence being issued to Our Lady of Fatima Festival Committee for an event to be held September 5 & 6, 2009 at 1548 Fischer-Hallman Road, Kitchener, provided a building permit is obtained for the erection of any tents; and further, That the event be declared a "Community Festival" for the purpose of applying for a liquor licence, since this is a traditional Portuguese celebration of their heritage that promotes unity and understanding within our community." 3. CRPS-09-041 -REQUEST TO HOLD A FUN DAY AT FOREST HEIGHTS COMMUNITY CENTRE - 1700 QUEEN'S BOULEVARD -JUNE 20. 2009 The Committee considered Corporate Services Department report CRPS-09-041, dated April 7, 2009, recommending conditional approval of the sale of refreshments at the Forest Heights Community Centre for its annual fun day, to be held on June 20, 2009. On motion by Councillor J. Smola - it was resolved: "That the request of the Forest Heights Community Centre to sell refreshments at 1700 Queen's Blvd. on June 20, 2009, be approved, provided the necessary licence, including Health and Fire approvals, is obtained." 4. CRPS-09-042 -REQUEST TO SELL FOOD & ALCOHOL -GREEK FOOD FESTIVAL - 527 BRIDGEPORT ROAD EAST -JUNE 6 & 7, 2009 The Committee considered Corporate Services Department report CRPS-09-042, dated April 7, 2009, recommending that the Greek Food Festival, to be held on June 6 & 7, 2009, at the Greek Orthodox Community of Saints Peter and Paul Church Kitchener-Waterloo & District, 527 Bridgeport Road East, Kitchener, be declared a "Community Festival", and that they be granted permission to operate a Place of Refreshment on this property for the event. On motion by Councillor J. Smola - it was resolved: "That the Greek Orthodox Community of Saints Peter and Paul Church Kitchener- Waterloo & District, be granted permission to operate a Place of Refreshment on their premises at 527 Bridgeport Road East, Kitchener on June 6 & 7, 2009, provided the necessary licence is obtained, including Health and Fire approval; and further, That since this Festival is a celebration of our ethnic diversity it be declared a "Community Festival"." 5. CRPS-09-043 -REQUEST BY COUNTRY HILLS OPTIMIST CLUB TO HOLD A FAMILY CARNIVAL -COUNTRY HILLS COMMUNITY CENTRE - 100 RITTENHOUSE ROAD -MAY 27, 2009 The Committee considered Corporate Services Department report CRPS-09-043, dated April 9, 2009, recommending that the Country Hills Optimist Club be given conditional approval to sell refreshments at the Country Hills Community Centre, 100 Rittenhouse Road, Kitchener for a Family Carnival. On motion by Councillor J. Smola - it was resolved: "That the request of the Country Hills Optimist Club to sell refreshments at 100 Rittenhouse Road on May 27, 2009 be approved, provided the necessary licence including Health approval is obtained." FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 20, 2009 - 61 - CITY OF KITCHENER 6. CRPS-09-044 -REQUEST FOR LIQUOR LICENCE -HOLY SPIRIT FESTIVAL ASSOCIATION OF KITCHENER-WATERLOO -JUNE 5-7, 2009 The Committee considered Corporate Services Department report CRPS-09-044, dated April 9, 2009 recommending that the event to be held by the Holy Spirit Festival Association of Kitchener-Waterloo at 1548 Fischer-Hallman Road, from June 5-7, 2009, be declared a "Community Festival", and, that the City has no objection to a liquor licence being issued for this event. On motion by Councillor J. Smola - it was resolved: "That the City of Kitchener has no objection to a liquor licence being issued to the Holy Spirit Festival Association of Kitchener-Waterloo for an event to be held on June 5-7, 2009 at 1548 Fischer-Hallman Road East, Kitchener; and further, That this event be declared a "Community Festival" for the purpose of applying for a liquor licence, since this is a traditional Portuguese celebration of their heritage and promotes unity and understanding within our community." 7. CRPS-09-045 -REQUEST FOR THE SALE OF FOOD & SOUVENIRS AT ALL TOURNAMENTS ON CITY SPORTFIELDS The Committee considered Corporate Services Department report CRPS-09-045, dated April 14, 2009 recommending conditional approval for the sale of food and souvenirs by sports organizations at the City sports fields for which they have obtained the necessary Field Rental Permits/Contracts, for the months of May through November, 2009. On motion by Councillor J. Smola - it was resolved: "That approval be granted to sports organizations that are holding tournaments, during the months May through November, 2009 and have received Field Rental Permits/Contracts from Community Services at the sports fields listed on Schedule `A' attached to Corporate Services Department report CRPS-09-045; to run a concession which may include the sale of hamburgers, hot dogs, pop, water, packaged foods, etc. as well as souvenirs, provided the necessary licence, including Health and Fire approvals is obtained." 8. CRPS-09-046 -REQUEST FOR VARIOUS EVENTS IN THE DOWNTOWN DURING 2009 The Committee considered Corporate Services Department report CRPS-09-046, dated April 14, 2009 recommending approval of the sale of food and / or merchandise on City property for a list of events to take place between May and December 2009, subject to necessary licences being obtained. The report also recommends exemptions from Chapter 450 (Noise) of the City of Kitchener Municipal Code for those events identified in Schedule B attached to the report, and that those events outlined in Schedule C, attached to the report, be granted permission to sell alcohol on City property and be declared "Community Festivals". Ms. P. Harris advised that another event needs to be added to Schedule C of the report: the Olympic Torch Relay, to be held at City Hall on December 27, 2009. Councillor Gazzola questioned the recommended noise exemption and the number of complaints received last year for these events. He asked if downtown neighbours and Victoria Park neighbours have been advised about these events. Mr. S. Turner advised that with respect to events at Victoria Park, he had discussions with the Victoria Park working group and those events in the list of annual events have not caused the neighbours any problems with noise. Councillor C. Weylie questioned the 4th Annual Pupusas Festival as to whether it had caused noise problems in the past, or the Annual Latin Festival. Mr. Turner advised that to the best of FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 20, 2009 - 62 - CITY OF KITCHENER 8. CRPS-09-046 -REQUEST FOR VARIOUS EVENTS IN THE DOWNTOWN DURING 2009 - tCONT'D) his knowledge, there has been no history of noise complaints for these events; however, he would provide the Committee with more information later this date. On motion by Councillor J. Smola - it was resolved: "That the request for the sale of food and/or merchandise on City property during various events being conducted from May to December 2009, listed on Schedule `A' of Corporate Services Department report CRPS-09-046 be approved, provided the necessary licences are obtained, including Health and Fire approval; and, That the request for an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code, for the events listed on Schedule `B' of Corporate Services Department report CRPS-09-046 be granted; and further, That the request for permission to sell alcohol on City property for the events listed on Schedule `C' of Corporate Services Department report CRPS-09-046, as amended to include the Olympic Torch Relay to be held at City Hall on December 27, 2009, be granted and be declared "Community Festivals" for the purpose of applying for a liquor licence." 9. CRPS-09-047 -REQUEST FOR STADIUM ENDORSEMENT -CENTRE IN THE SQUARE - 100 QUEEN STREET NORTH The Committee considered Corporate Services Department report CRPS-09-047, dated April 14, 2009 recommending Council's support for the Centre In The Square, 101 Queen Street North, to obtain a liquor licence to permit the consumption of liquor in the Theatre area. On motion by Councillor J. Smola - it was resolved: "That Council has no objection to a liquor licence being issued to Centre In The Square, 101 Queen Street North for a stadium endorsement with fixed tiered seating." 10. CRPS-09-04$ -REQUEST TO OPERATE HOT DOGS CARTS -ANNUAL COMMUNITY GARAGE SALE - 273 STOKE DRIVE AND 112 WEXFORD CRESCENT The Committee considered Corporate Services Department report CRPS-09-048, dated April 14, 2009 recommending approval of the request of Les Halat to operate 2 hot dog carts in the area of Stoke Drive, on May 2, 2009, for the Annual Community Garage Sale. On motion by Councillor J. Smola - it was resolved: "That the request of Les Halat to operate two hot dog carts at 273 Stoke Drive and 112 Wexford Crescent during the annual Community Garage Sale on May 2, 2009, be approved, provided the necessary licence is obtained including Health and Fire approvals." 11. FIN-09-045- DEVELOPMENT CHARGE RATES Mr. D. Chapman provided the Committee with an update on the progress of the City's new Development Charges Background Study and By-law. Mr. Chapman advised that the material being presented today was presented to the stakeholders on Friday April 17, 2009. Staff will continue to review this material with the stakeholders at a meeting later this week. Stakeholder feedback, draft policies and specific recommendations will be brought forward as part of a draft DC Background Study presentation to this Committee on May 11t , and a public meeting to consider the Development Charges Background Study and By-law is scheduled for June 1, 2009 with ultimate adoption of a by-law slated for June 15, 2009. Mr. Krzeczunowicz, FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 20, 2009 - 63 - CITY OF KITCHENER 11. FIN-09-045- DEVELOPMENT CHARGE RATES tCONT'D) Hemson Consulting, presented the Background Study. Councillor Gazzola questioned whether the growth related capital projects have been included in the 10 year capital forecast. Mr. Chapman advised that they have been included; however, in some cases the timing may have to be adjusted, in others the amount that can be funded from development charges can be increased. He also advised that there are some capital projects that Council has approved subsequent to the capital forecast approval. Mayor Zehr then questioned whether there may be additional capital projects, unknown at this time, which could affect this plan. Mr. Krzeczunowicz responded that the City is in a state of flux at this time and there will likely be additional requirements as a result of the growth management plan and the transportation master plan among other things. It may be that there will be a lot more costs than can be fully anticipated at this time and the City may have to open up the development charges by-law before the required 5 year review. Mr. Chapman stated that the historic service standards are not in dispute; however, the ability to recover costs from development charges may be farther away. Staff has tied development charges to the growth management plan but the timing may not entirely agree, and we can deal with the timing through the budget process. Mr. Krzeczunowicz then reviewed the growth forecast for Kitchener for the period 2009-2018, used to calculate soft services and 2009-2031, used to calculate hard services. He noted that over the 10 year period 2009-2018 it is forecast that there will be 18,000 new housing units to house 47,500 new people; yet the overall population is expected to increase by only 34,322 people. Mr. Krzeczunowicz noted that the existing population will decrease. In response to questions from Mayor Zehr, Mr. Krzeczunowicz advised that for their development charges by- law, the Region is forecasting a growth of 100,000 people in new housing units and a 17,000 person decrease of the existing population Region wide. He stated that the City's population is 42% of the Region's population and although there will be a significant decrease in the existing population, the growth will be significantly higher. Mayor Zehr questioned existing demographics as they may speak to the kind of services that need to be provided, and Mr. Krzeczunowicz advised that he only has demographic statistics at the Regional level. Mr. Chapman advised that he will obtain these statistics for the May 11th meeting. Councillor Vrbanovic directed staff to provide a broader presentation on population changes. Councillor K. Galloway entered the meeting at this time. Mayor Zehr spoke of a report received by Regional Council, stating that Cambridge and Waterloo will have significantly more non-residential land available and he questioned why Waterloo would have more land available. Mr. Krzeczunowicz responded that each municipality has land available and it is assumed that additional floor space can be accommodated over the next 23 years. Mr. Krzeczunowicz reviewed the growth related capital projects. The question was raised about recovering costs for capital projects if prior growth necessitated these projects. Mr. Krzeczunowicz responded that a portion of the costs already experienced, that will benefit the future, can be included in the development charges if they had been identified by Council as growth related. Mr. Krzeczunowicz then reviewed growth related capital projects for hard services. He noted there is no cap for hard services; however, the cost must be reduced by the value of the project that will benefit the existing population and therefore is not growth related. The amount of the reduction is determined by provincial regulation. Mayor Zehr noted the inclusion of the Victoria Park Lake rehabilitation in 2013; as it was included on the original list for the stimulus package. Mr. Chapman responded that the stimulus funds are incremental and we should not be using these funds to reduce growth related capital costs. He noted that in the application the city requested immediate funding for the lake itself. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 20, 2009 - 64 - CITY OF KITCHENER 11. FIN-09-045- DEVELOPMENT CHARGE RATES tCONT'D) Mr. Willmer responded that there is no stormwater management in the older areas of the City, so at this stage Victoria Park Lake is not infrastructure for coming growth. Councillor Gazzola questioned the growth related capital program intensification allowance and Mr. Willmer responded that there is a line in the capital forecast each year for the intensification allowance which is used for reacting to unforeseen situations. He gave the example of replacing a sewer main and increasing the size of the main in anticipation of future intensification. Mr. Krzeczunowicz then reviewed the draft development charge rates for residential and non- residential With respect to the significant increase in the non-residential rates, Mr. Krzeczunowicz advised that the way benefits have been attributed to residential and non- residential has changed, particularly with respect to hard services. He stated that some road projects were allocated entirely to residential growth but non-residential growth benefitted from these roads as well. The timing and location of residential and non-residential is quite different than it has been in the past. Mr. Krzeczunowicz stated that the Region has just released its draft development charge rates and they have substantially increased them for hard services. Mr. Krzeczunowicz was requested to update the comparison charts now that the Region has released its draft development charge rates. Mr. Krzeczunowicz advised that the City's capital program is significantly front end loaded and there will be a significant negative reserve fund balance. The Development Charge Study Team will be dealing with this situation and will provide this Committee with a report on May 11th. 12. FIN-09-043 - GST I PST HARMONIZATION Ms. B. Johnson presented Financial Services Department report FIN-09-043, dated April 9, 2009, advising that we do not know what the full impact the harmonized tax will have on municipalities. The details and rules have not yet been finalized; although, the harmonization is intended to have a neutral financial impact. Ms. Johnson advised that PST will now apply to services and the current PST exemptions will no longer apply; however, the municipality will receive a 78% rebate on PST paid. Also, it is expected that municipalities will continue to receive a 100% rebate on GST. The impact to the community on services provided by the City, is that all fees and services that are currently subject to GST will also be subject to PST. Ms. Johnson advised that the next actions staff will take are to develop a communications plan for fees and services; determine beneficial timing for purchases; and, determine required changes to financial systems. The question was raised by the Committee as to whether there is still an opportunity to comment to the province on this tax. Mayor Zehr noted that the Association of Municipalities of Ontario has commented to the province, and staff was directed to provide Committee members with the AMO Alert in this regard. Councillor Gazzola questioned whether we have any plans to soften our fees and charges increases next year. It was his opinion that the City needs to reduce its fees to compensate customers for the additional cost of paying PST on goods and services not previously taxed. Mr. Chapman responded that that will be a decision for Council to make. 13. FIN-09-046- CIS CONSULTANT -CIS STEERING COMMITTEE The Committee considered Financial Services Department report FIN-09-046, dated April 15, 2009, requesting an extension of the contract for the CIS consultant until the end of 2009. In the report staff explains that the introduction of multiple delivery rates in the gas utility sector necessitated a re-prioritization of project work; consequently, the work of the CIS consultant relative to GDAR Phase II will not be completed by mid-2009. Mr. Chapman presented the report. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 20, 2009 - 65 - CITY OF KITCHENER 13. FIN-09-046- CIS CONSULTANT -CIS STEERING COMMITTEE tCONT'D) On motion by Councillor C. Weylie - it was resolved: "That the contract for the CIS consultant (John Little) be extended by six months to the end of 2009 to complete specifications for Phase II of the Gas Distribution Access Rule (GDAR) Implementation; and further, That the cost of this extension be funded through a deferral of the CIS server replacement to 2010." 14. FIN-09-044- NATURAL GAS TRANSPORTATION RATE The Committee considered Financial Services Department report FIN-09-044, dated April 15, 2009 recommending that the transportation component of the natural gas rates be decreased for system gas customers. The proposed rate is consistent with the final rates charged by TransCanada Pipelines, as approved by the National energy Board. Ms. Baillargeon presented the report, and in response to questions from Councillor Gazzola advised that although the Gas Utility has been charging more for delivery since the rate was approved on January 1, 2009, customers were being undercharged for transportation costs early in the heating season. Councillor Gazzola directed staff to provide a report for next Monday's Council meeting giving the total amount of the undercharge and overcharge for gas delivery. Mr. Chapman advised that staff will be presenting the final year end report for the Gas Utility at this Committee's meeting of May 11, 2009. On motion by Councillor J. Gazzola - it was resolved: "That the transportation component of the natural gas rates be decreased to 4.491 cents per cubic meter from 5.284 cents per cubic meter for system gas customers of the City of Kitchener effective May 1, 2009 to reflect the final rates charged by TransCanada Pipelines as previously approved by the National Energy Board." This meeting recessed at 12:30 p.m. and reconvened at 1:25 p.m. with the following members present: Mayor C. Zehr and Councillors J. Smola, G. Lorentz, J. Gazzola, B. Vrbanovic, K. Galloway and C. Weylie. 15. CAO-09-025 -CENTRE BLOCK -AGREEMENT OF PURCHASE & SALE The Committee considered Chief Administrator's Office report CAO-09-025, dated April 15, 2009 concerning execution of an Agreement of Purchase and Sale with Andrin Investments Limited for the sale of the Centre Block lands. Councillor B. Vrbanovic advised that based on advice from the City's Solicitor, the Committee may consider convening an in-camera meeting to seek legal advice on matters of negotiation as it relates to the proposed Agreement of Purchase and Sale. Mr. R. Regier advised that the purpose of the agreement is to protect the interests of both the City and Andrin Investments Limited in moving forward with the Centre Block project. The City's interest is to sell the lands for fair market value and have ability to purchase a portion of the parking structure, proposed to be accomplished through a strata reference plan. The developer's interest is to have ability to move forward with the development on completion of all conditions of sale and to complete a development agreement satisfactory to the City. He advised that the agreement was discussed with Downtown interest groups, including; the Kitchener Business Improvement Area Board (KBIA), the Downtown Advisory Committee, the Downtown Building Owner's Consortium and the Economic Development Advisory Committee. Mr. Regier advised that the intent is to take the comments from consultation with the various FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 20, 2009 - 66 - CITY OF KITCHENER 15. CAO-09-025 -CENTRE BLOCK -AGREEMENT OF PURCHASE & SALE tCONT'D) Interest groups and from the discussion this date back for follow-up with Andrin Investments Limited and to make any appropriate adjustments which would be returned for consideration of Council. Mr. Regier introduced Mr. Ken Yolles, Cassels Brock, Outside Legal Counsel and Mr. James McKellar, Fairness Advisor, in attendance this date to answer questions. Councillor J. Gazzola stated that it was his understanding that the project would not proceed until a number of other agreements had been completed, questioning why it was necessary to approve the Agreement of Purchase and Sale this date. Mr. Yolles advised that execution of the agreement will allow the developer to go out to market to promote their product and thereby advance sales of the proposed condominiums. He added that the agreement deals with the actual acquisition of the lands, with all other aspects as to how development will proceed to be worked out over the course of the next six months. Councillor Gazzola raised concerns with the fair market value attributed to the Centre Block lands, noting that lands acquired within a few blocks for a new Provincial courthouse was valued much higher. Mr. Regier advised that the valuation process undertaken by the City was extensive, with both the City and Andrin obtaining independent appraisals, which were subsequently validated by a third party review. He stated that in the case of Centre Block, the developer must achieve a reasonable rate of return on their investment; whereas, the Province has no obligation of return on the courthouse and has different parameters in respect to operating requirements. Mr. J. McKellar commented that to compare this site to the other would be difficult without benefit of reviewing documentation for both. He added that valuation is related to the function of lands. In the Centre Block proposal housing is to be developed; whereas, the Provincial project does not include housing. Mr. McKellar stated that it was his opinion the agreement is fair; however, he noted that the City is entitled to seek a better price for the lands but that this may bring into question the proposed use of the lands. Councillor Gazzola disagreed that the proposed use of the land would account for a lower price. Mayor C. Zehr questioned if the courthouse lands were to be developed as housing if the valuation process would be the same as for the Centre Block. Mr. McKellar confirmed that the valuation process would be the same and could produce a different outcome in respect to the courthouse lands. Councillor C. Weylie referred to the concerns expressed by the Downtown interest groups relative to phasing of the project and asked Mr. McKellar to comment on the potential to expedite Phase 3 of the development. Mr. McKellar stated that the terms and conditions of phasing can be adjusted provided there is agreement between both parties. Councillor J. Smola raised concerns that the agreement provides for a period of 5-10 years before any movement would be seen in respect to the Mayfair Hotel and 156-158 King Street. Mr. Regier advised that the timing represents a maximum period allowed for commencement of Phase 3 and nothing in the agreement would prevent acceleration of this phase if amenable to both parties. He added that the time anticipated for Phase 3 to commence is within 6-8 years from signing of the development agreement, not 10 years. Mr. Regier advised that staff intend to work with Andrin and the local development industry to see how Phase 3 might be accelerated but pointed out that the agreement is sensitive to current market conditions and is why development is phased in the manner proposed. Councillor Gazzola inquired if the City has received any advice from within the real estate industry in respect to comparison of fair market value to other Downtown lands and other uses of land. Mr. Regier advised that the initial appraisal had been completed from within the real estate industry but was a generalized valuation. Subsequent appraisals obtained by the City and Andrin provided complete analysis of the proposal and included comparable properties from within the Downtown and across the Region. Ms. MacDonald added that the appraisal obtained by the City was completed by City Management and Appraisals. It was also noted that the appraisal documents of the City and Andrin, as well as the third party review, are available on the City's website for public viewing. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 20, 2009 - 67 - CITY OF KITCHENER 15. CAO-09-025 -CENTRE BLOCK -AGREEMENT OF PURCHASE & SALE tCONT'D) Councillor B. Vrbanovic requested clarification of the timing for commencement of the construction as it relates to the dates outlined in the Agreement of Purchase and Sale. Mr. K. Yolles advised that there is no pre-condition to commence construction and construction would not happen before closing of the sale. He added that the development agreement will provide the terms and conditions for development of the property. Ms. MacDonald confirmed that the Agreement of Purchase and Sale is a draft document that could be changed if both parties are in agreement in respect to further negotiation of the issues raised. Councillor Gazzola asked if construction was to commence within 36 months after signing of the development agreement. Mr. Yolles advised that the period of 36 months relates to closing of the Agreement of Purchase and Sale, at which time the developer would have to be in position of satisfying the City that they have met all pre-conditions that would allow construction of the development to begin. Mr. Yolles added that by November 30, the City will have a better idea of the timing framework from the date of closing going forward and closing would not happen without a completed development agreement in place. Councillor J. Smola questioned if the proposed price for parking is guaranteed over the construction period. Mr. Regier advised that the agreement provides for an inflationary factor to be determined by a third party cost evaluator. Ms. MacDonald added that the other agreements to this development are all predicated on the November 30 deadline and the formula to derive the inflationary rate is to be set out in the construction contract which will be known at a point between now and the November 30 deadline. Mr. Jack Redmond, resident, commented that this is a complex project and a complex offer that should be given the time necessary for review by the City and the public. He raised concerns regarding the valuation of the lands in respect to inflation measures that would protect only the developer; completion performance of the developer; and protection of the City's interests in respect to the portion of the parking structure to be developed for City parking. He suggested that the agreement does not answer a number of questions and asked that consideration be given to allowing himself, as well as local lawyers and developers, to review the document to ensure the City is getting the best deal. Ms. L. MacDonald advised that this agreement is to convey the lands for purposes of the proposed development and is being done now so that the developer can proceed with marketing and detailed designs. She added that all other agreements must be negotiated to set out the terms and if not completed by November 30, 2009 the deal will die. Ms. MacDonald gave assurances that the City's interests are being protected and will continue to be protected as negotiations proceed. Mr. Bernie Nimer attended on behalf of the Downtown Building Owner's Consortium, commenting that notwithstanding they share concerns, it is important that this development move forward. He commented that he had made representations to advocate the Downtown core based on what is to happen on King Street and this development will provide opportunities for local and other developers to attract new business. He stated that their primary concern relates to phasing of the development, in that, they believe Phase 3 is more critical and should be done sooner in light of the dollars being spent to beautify King Street. Mayor C. Zehr asked for clarification as to where best to deal with the concerns relative to phasing, be it in the Agreement of Purchase and Sale or subsequent development agreement. Ms. MacDonald suggested that an in-camera meeting be convened as it is a fundamental component of negotiation of the Agreement of Purchase and Sale. The following motion was Carried, Unanimously. On motion by Mayor C. Zehr - it was resolved: "That an in-camera meeting be held immediately to consider a matter of solicitor-client privilege." The Committee then recessed at 2:25 p.m. and reconvened at 2:45 p.m. following an in-camera meeting with all members present. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 20, 2009 - 6$ - CITY OF KITCHENER 15. CAO-09-025 -CENTRE BLOCK -AGREEMENT OF PURCHASE & SALE tCONT'D) The following motion was Carried, Unanimously. On motion by Mayor C. Zehr - it was resolved: "That the recommendation to execute an Agreement of Purchase and Sale with Andrin Investments Limited for the sale of the Centre Block lands (Chief Administrator's Office report CAO-09-025), be referred to the May 25, 2009 special Development and Technical Services Committee meeting; and, That staff be directed to further negotiate with Andrin Investments Limited in respect to options for Phase 3 (156-158 King Street and the Mayfair Hotel); a formula for costing of the City's portion of the parking structure; and concerns raised by the Downtown interest groups as identified in report CAO-09-025; and further, That the City Solicitor be authorized to extend the Letter of Intent with Andrin Investments Limited to May 31, 2009." 16. CAO-09-020 -DOWNTOWN FACADE IMPROVEMENT GRANT PROGRAM - INTERPRETATIONS The Committee considered Chief Administrator's Office report CAO-09-020, dated April 9, 2009 regarding an amendment to Council Policy I-535 (Combined Fagade /Interior Loan / Upper Storey Renovation Program) to add a series of interpretations. Councillor J. Gazzola requested an explanation of the proposed changes to Council Policy 1- 535. Ms. S. Wright advised that grant applications currently being reviewed have required the review team to make certain interpretations and it was determined appropriate to document these within the Policy. The interpretations pertain to free standing ground mounted signs; streetfronting facades; entrance ways to office or residential buildings; and multiple storefronts. Ms. Wright added that the proposed amendments do not change any financial aspects of the program. The following motion was Carried, Unanimously. On motion by Mayor C. Zehr - it was resolved: "That Council Policy I-535 (Combined Fagade /Interior Loan /Upper Storey Renovation Program), be amended to include a series of interpretations, as shown in the Appendix of Chief Administrator's Office report CAO-09-020." 17. DTS-09-067 -LOCAL ENVIRONMENTAL ACTION FUND tLEAF) GRANTS: APRIL 2009 The Committee considered Development and Technical Services Department report DTS-09- 067, dated March 16, 2009 concerning applications for grant funding under the Local Environmental Action Fund (LEAF). Ms. B. Steiner advised that in 2007 Council approved $5M for the LEAF program, of which $4M is currently available for consideration. She noted that the goal of the LEAF program is to reduce impact on the environment through reduction of greenhouse gas emissions. Key criteria was provided of which applications must meet the following three: contribute to reduction of greenhouse gas emissions; increase public awareness; and contribute to enhanced local air quality. Ms. Steiner advised that the composition of the LEAF Steering Committee included two citizen advisors, introducing Mr. Scott Piatkowski and advising that Ms. Karen Redman was unable to attend the meeting this date. Mr. Piatkowski advised that 29 applications were received of which 19 were for funding of $50,000. or less and 10 for $50,000. and over. He noted that the total amount of funding requested totalled $7.1 M and represents a good number of innovative ideas from within the community. In some instances, applications did not meet the criteria and therefore, have not FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 20, 2009 - 69 - CITY OF KITCHENER 17. DTS-09-067 -LOCAL ENVIRONMENTAL ACTION FUND (LEAF) GRANTS: APRIL 2009 - tCONT'D) been recommended for funding. He advised that the Committee is being asked to approve only the recommended applications for $50,000. or less this date in recognition of Earth Week. It was anticipated that more time would be needed for the Committee to consider the $50,000. and over applications and accordingly, it is being recommended that the larger applications be referred for consideration to the May 11, 2009 Finance and Corporate Services Committee meeting. Mr. Piatkowski advised that review of the applications was on a consensus basis and in all instances a consensus was reached. Councillor J. Gazzola referred to applications by two public schools, wherein one is recommended for funding and the other is not, and requested clarification as to how the decision was made. Mr. Piatkowski commented that the applications differed in that one provided an innovative approach that includes community and student involvement; whereas, the other had little detail and no provision for community involvement. He suggested that now that applications are a matter of public record others will learn from those who were successful and can re-apply. Councillor Gazzola referred to the application by the World Wide Opportunities for Women requesting clarification of their proposal. Ms. Steiner advised that the project is a home energy saving project which is not specifically about women but rather targets a specific sector of the community that due to language barriers may have need of assistance to become environmentally responsible and responsive. The program consists of home evaluations and anticipates approximately 200 home visits of diverse backgrounds that will be provided with the tools to make changes and improve the health of their homes. Councillor Gazzola questioned how applicants are held accountable in respect to producing results and accounting for the dollars spent. Ms. Steiner advised that applicants are required to enter into an agreement with the City wherein they will be required to comply with reporting requirements and application targets. Mayor C. Zehr questioned if his concerns had been addressed concerning distribution of the LEAF funding to organizations who already have received funding from either partnership with a City Department or through the City's general grant program. Ms. Steiner advised that she had addressed a specific application. Mayor Zehr advised that he would speak further with staff in regard to this matter, suggesting that some refinement in the process should be made in the event future applications are considered. Mr. Glen Woolner attended on behalf of the Community Renewable Energy of Waterloo (CREW), in support of their grant application which was refused. He advised that CREW is a local non-profit organization dedicated to energy conservation and making renewable energy accessible across the Region. The project is the `Power Saving Network' geared toward educating and assisting citizens in doing self audits to identify their electricity use and document their reduction initiatives. Forty homes participated in a pilot project and were documented in a report submitted to the City's Environmental Committee. Mr. Woolner advised that funding has been approved by the Region of Waterloo and the City of Waterloo but their request for financial assistance has been turned down by the City of Cambridge, Kitchener Environmental Committee and the LEAF Steering Committee. Mr. Woolner commented that it was his understanding there was some concern that this is a duplication of the Residential Energy Efficiency Project CREEP); however, he advised that the CREW project is geared toward corporate participation, schools and low income /seniors housing programs. He advised that without funding approval the organization does not have sufficient funding to move forward. He acknowledged that staff is willing to work with CREW to re-apply in the next round but the organization is concerned that the 6 month delay will lose the momentum they have achieved. Mr. Woolner responded to questions, advising that any grant funding received from Kitchener will be applied on a pro-rated basis of population and CREW has received some funding from the City's Community and Environmental Improvement Grant Program. Ms. Steiner advised that the Steering Committee liked the project but had outstanding questions in respect to the Kitchener content, cost per visit across the Region and a fair cost sharing arrangement among area municipalities served. She noted that the Region approved FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 20, 2009 - 70 - CITY OF KITCHENER 17. DTS-09-067 -LOCAL ENVIRONMENTAL ACTION FUND (LEAF) GRANTS: APRIL 2009 - tCONT'D) $4,000.; Cambridge had no capacity to provide funding; Waterloo approved $1,000.; and CREW has requested $45,000. from LEAF. Ms. Steiner advised that staff would like to work with CREW to resolve these questions and explore other potential funding sources. Mayor C. Zehr agreed that there has to be equity but suggested that staff look at the feasibility of dealing with the CREW application on a shorter timeframe rather than waiting for the next round of applications; and keeping in mind the concern of supporting one organization through multiple City funding sources. Mr. Gord Nicholls attended on behalf of the Friends of Hidden Valley (FOHV) application for $50,000. and over, advising that he was not able to attend on May 11 and wished to make comment at this time. Mr. Nicholls raised concerns with respect to the decision making process and financial aspects of the LEAF program. He suggested that the summary of applications should contain more specific quantitative information and contended that the application of FOHV also met objectives 6 and 7 directly, and 5 and 8 indirectly, in addition to the objectives listed in the summary chart. He alleged that Ms. Steiner had a different definition of the criteria in question and suggested that the criteria definitions should be clearly stated on the application form. In respect to the financial aspects, Mr. Nicholls circulated a comparison chart of capital expenditures between Kitchener and Portland, Oregon, which suggests Portland spends $9. per capita to purchase natural lands, whereas, Kitchener spends $0.39 per capita. He expressed the opinion that the City's budget for land acquisition is not enough and the City's priorities are not sufficiently geared towards enhancing the environment. He asked that the LEAF summary chart be revised to include quantitative information; an explanation be provided for excluding objectives 6 and 7 from the FOHV application review; a reply be prepared as to why the LEAF fund should not be used for the purchase of the Hidden Valley lands given a petition had been signed by 1,500 residents Region-wide who support the purchase; and further review be given to the City's environmental priorities as it compares to the budget priorities that have been set, with a view to providing sufficient financing to meet the City's environmental goals. Mayor C. Zehr questioned if the Portland statistics were based on the City of Portland or the Region and Mr. Nicholls responded that they are based on the Portland Metro Region. Mayor Zehr suggested that it was not a fair comparison given there is significant difference in areas and even if all expenditures in the Region of Waterloo were combined there would still be a significant difference from Portland. Mayor Zehr questioned clarification as to how the amount of $3.3M was derived for the FOHV application. Mr. Nicholls advised that the costs pertain in part to undertaking studies estimated at between $20,000. - $45,000. and an estimate of $2.5M for the purchase of the lands. Mayor Zehr asked Mr. Nicholls to clarify his concerns with respect to the decision made. Mr. Nicholls advised that he disagreed with excluding objectives 6 and 7 for the FOHV application and while he understood that decisions must be made at various levels of government in respect to the purchase of the Hidden Valley lands and City staff had suggested that all should be completed prior to proceeding, the Hidden Valley group would like their requested funding placed in trust until such time as the land acquisition can move forward; save and except for that portion to be used to undertake the proposed studies which they would like to receive now. Mayor Zehr commented that at the time consideration was given to establishing LEAF he had put forward the Hidden Valley lands as an example of the kind of initiative that could benefit from the program and while he did not disagree there is a role for the City to play, it was a matter of timing. He advised the delegation that he could not support their application at this time, commenting there is opportunity to acquire the lands, the portion of which is yet to be defined and may be negotiated at something less than proposed by the FOHV application. Mr. Nicholls responded that they would appreciate consideration of purchase of the entire 200 acres rather than a divided portion of the lands, citing concerns as to the impact to natural features of the area. Councillor J. Gazzola requested an explanation of the composition of the FOHV. Mr. Nicholls advised that this is a long standing group that came together most recently in 2004 and whose focus is on saving Hidden Valley but they are not an incorporated group. They have frequently participated in the community by advocating their cause to area Councils, compiling petitions FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 20, 2009 - 71 - CITY OF KITCHENER 17. DTS-09-067 -LOCAL ENVIRONMENTAL ACTION FUND (LEAF) GRANTS: APRIL 2009 - tCONT'D) and undertaking numerous activities to garner support for the land acquisition. The Committee then considered the staff recommendations. Mayor Zehr questioned the feasibility of dealing with the CREW application in a shorter timeframe. Ms. C. Ladd suggested, and it was agreed, that the CREW application be referred to the May 11 Finance and Corporate Services Committee meeting to be further considered in conjunction with the larger applications. On motion by Mayor C. Zehr, the staff recommendation contained in Development and Technical Services report DTS-09-067 was brought forward for consideration, as amended to include the CREW application in the referral to the May 11 Committee meeting. Mayor C. Zehr reiterated his concerns with respect to being careful in the future as to how funding is applied in respect to one organization receiving funding from multiple City sources. He acknowledged that this is a good start to the fund and he was in agreement that more time be taken to consider the larger applications, although he maintained that the FOHV application is premature. Councillor Gazzola advised that he was in support of the applications recommended for $50,000. and less but was disappointed in the action taken in respect to the FOHV application. He suggested that the application should have warranted similar designation on the summary chart as CREW (ie. lighter shading) and it had been his hope that it would have been high on the list for this funding. He expressed the opinion that this is a good time to move ahead given the current economic climate and should be taken seriously. He asked that more detailed information be provided on the larger applications when they come forward for consideration on May 11. Councillor G. Lorentz expressed the opinion that area Hydro Boards should also participate in financially supporting applications such as CREW and at his request Mayor C. Zehr agreed to follow-up with the Kitchener Wilmot Hydro Board in respect to this application. Councillor B. Vrbanovic questioned the merit in staff looking at applying the lighter shading to the FOHV application on the summary chart. Mayor Zehr did not disagree, in that, he believed all were concerned and interested in the purchase of the Hidden Valley lands; however, he advised that he remains resolute to the sensitive issue of timing and would not want to be unduly influenced by the shading. Councillor Vrbanovic asked that staff consider the merit of applying the lighter shading to the FOHV application prior to the applications coming forward for consideration on May 11. The following motion was Carried, Unanimously. On motion by Mayor C. Zehr - it was resolved: "That the Local Environmental Action Fund (LEAF) grant applications of less than $50,000 recommended for funding by the LEAF Steering Committee be approved, as outlined in Development and Technical Services Department report DTS-09-067; and further, That the Local Environmental Action Fund (LEAF) grant application of the Community Renewable Energy Waterloo (CREW) of less than $50,000, and the grant applications of $50,000 and over recommended for funding by the LEAF Steering Committee, as outlined in Development and Technical Services Department report DTS-09-067, be referred for further discussion at the Finance and Corporate Services Committee meeting of May 11, 2009." 18. CAO-09-022 -KING STREET DEEP COLLECTION GARBAGE CONTAINERS The Committee considered Chief Administrator's Office report CAO-09-022, dated April 13, 2009 concerning purchase of the litter containers to suit the King Street reconstruction design FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 20, 2009 - 72 - CITY OF KITCHENER 18. CAO-09-022 -KING STREET DEEP COLLECTION GARBAGE CONTAINERS tCONT'D) and introduce recycling opportunities. Ms. S. Wright advised that during the design process for the King Street Master Plan, it came to staff's attention that there were concerns regarding the handling of litter and recycling in the Downtown core. Three options were looked at: status quo with the current surface litter containers and King Street curb-side collection; new contemporary surface litter and recycling containers with King Street curb-side collection; and, new deep collection containers offered by Molok® Cityscape Receptacles and eliminate curb-side collection. Ms. Wright explained that Options 1 and 2 will require daily pick-up of trash including curb-side bags left out by the area businesses and residents which will not address some of the concerns of aesthetics, odours and hygiene. Option 3 is a system of containers that are partially buried beneath the sidewalk to a depth of 1 m, which allows for five times the capacity of standard containers. Ms. Wright added that this system will also allow those businesses and residents that do not have rear lane access for garbage collection to access the new containers for their garbage. Ms. Wright advised that after consulting with staff and the Kitchener Business Improvement Area Board, it is being recommended that Option 3 be adopted. Councillor J. Gazzola asked if a litter and recycling system was part of the King Street streetscape tender and Ms. Wright advised that it was not. In response to questions regarding the number of units along King Street that do not have rear lane access, Ms. Wright advised that it depended on the building and therefore, the numbers varied block by block; however, in general terms it is 10-30%. Mr. J. Willmer added that the percentages are the units and not buildings. Councillor Gazzola expressed surprise that there is only one manufacturer of this type of equipment. Mr. G. Hummel advised that Molok® is out of Scandinavia and is the sole supplier. Mayor C. Zehr requested clarification of the potential for recycling. Mr. Hummel advised that there is an option for recycling in the style of container, wherein a divider can be purchased for the inside that would allow separation of recyclables to one side. In respect to Parks Operations, the units would be taken to a remote site for recyclables to be separated. He added that it has not yet been determined if the divided style will be used on King Street. Mayor Zehr questioned if that needed to be known for the purchase and Mr. Hummel advised that this could be decided later as it would not require a change in container, only insertion of the divider. Mayor Zehr questioned reference in the report that storage capacity assists in the compression of garbage and therefore, will result in fewer trips for collection. He also questioned if the size of the container will accommodate the size of garbage bags used by businesses. Mr. Hummel advised that the system provides a larger holding capacity that can accommodate the contents of up to 5-6 large green garbage bags. He added that staff will communicate with businesses using larger bags in respect to a means of depositing same in the containers rather than placing curb-side. He noted that collection is proposed twice per week, on the basis that containers that are not full would not be emptied and if they are filling more quickly pick-ups would occur more often. Councillor Gazzola inquired who is responsible for the collection of garbage on King Street. Mr. Hummel advised that the Region of Waterloo collects garbage curb-side 6 days per week and the City is responsible for collection on the 7th day. He added that the additional cost to the City is approximately $20. per bin. Councillor Gazzola questioned if a credit from the Region would apply given the reduction in collection days. Mr. Hummel advised that this issue will be looked at as part of the garbage collection tender process and he anticipated some credit would apply. Councillor B. Vrbanovic questioned that given the number of businesses in addition to residential units and pedestrian traffic on King Street if a 2-3 day pick-up is realistic, especially if divided containers are used. Mr. Hummel advised that part of the process will be to educate businesses to use the larger bins in the rear lanes so not as much garbage is put out front on King Street. He noted that 30-40% of the businesses do not have rear lane access and in some locations, staff is considering placing 2 units side-by-side, one for garbage and one for recycling. He added that the Region is assisting in providing data as to how much garbage is collected from certain locations. Councillor Vrbanovic referred to the Region's initiative to add a number of apartment units to their Green Bin Program by 2010 and questioned how this would be addressed for units on King Street. Mr. Hummel advised that this is part of the data FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 20, 2009 - 73 - CITY OF KITCHENER 18. CAO-09-022 -KING STREET DEEP COLLECTION GARBAGE CONTAINERS tCONT'D) gathering that is being conducted and there is opportunity to retrofit the units in future. He added that other variables need to be investigated, such as the redevelopment of Halls Lane and what that would ultimately look like, before a definitive decision can be made. Councillor Vrbanovic inquired if any issue with odour is anticipated. Mr. Hummel advised that the design of the unit places garbage below ground where it is colder, so you do not get the same odour or rotting as with an above ground system. He added that the units were successfully tested using a restaurant business. On motion by Councillor J. Smola - it was resolved: "That OPTION 3: Deep Collection Containers - MOLOK® Cityscape Receptacles and Elimination of Curb-side Collection, be approved, as described in Chief Administrator's Office report CAO-09-022, combining pedestrian waste/litter and recycle bins to eliminate curb-side garbage bag pick-up with one environment-friendly, cost-effective system; and further, That the process of tender/contract be waived and Purchasing negotiate the cost for the Molok® Cityscape units for King Street sections affected by Phases 1 and 2 reconstruction." 19. CRPS-09-023 -REQUEST TO INCREASE VALUE OF PURCHASE ORDER #0$01041 - HOMER WATSON HOUSE -ROOF & CLERESTORY WINDOW REPLACEMENT The Committee considered Corporate Services Department report CRPS-09-023, dated February 17, 2009 requesting an increase to the purchase order for renovation work at the Homer Watson House to cover additional construction costs. On motion by Counillor G. Lorentz - it was resolved: "That an increase to Purchase Order PO# 0801041 be approved to cover additional construction costs related to the re-roofing and clerestory window replacement at the Homer Watson House." 20. CAO-09-00$ -THE MARKET PLACE The Committee considered Chief Administrator's Office report CAO-09-008, dated April 13, 2009 concerning a proposal to construct amulti-use facility in the upper level of the Kitchener Market. Ms. K. Weiss advised that approximately 5,500 sq. ft. of the upper level Market is currently under-used and it is proposed to create a market place consisting of 2,000 sq. ft as a training/education facility and rental for private functions. The goal is to expose the Market to new target audiences; develop and support new business opportunities for existing vendors; support small businesses who may not have initial start-up costs for their own facility; increase programming; and generate revenue for the Market. Councillor J. Gazzola requested clarification of the sponsorship revenue proposed at $10,000. Ms. Weiss advised that it is intended to pursue 2-3 corporate sponsors and they would be permitted to place signage in the Market. Councillor Gazzola noted that associated expenses are not shown and Ms. Weiss advised that these would relate only to maintenance and facility supplies. Councillor Gazzola inquired if additional staff would be required. Ms. Weiss advised that as part of the governance issue a re-alignment of staff will take place, with one existing staff assigned to administer this program and no additional staff will be required. Councillor Gazzola questioned the research in respect to anticipated demand. Ms. Weiss provided an example of a similar venture in Toronto where they are running 80-100 programs per quarter. She noted that the City is currently turning people away for meeting/reception space and she was confident that the proposal is worth the risk to generate revenue for the Market to off-set the deficit. Councillor Gazzola inquired if any commitments for participation have been FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 20, 2009 - 74 - CITY OF KITCHENER 20. CAO-09-00$ -THE MARKET PLACE tCONT'D) obtained. Ms. Weiss advised that approval of Council is deemed necessary before pursuing commitments; however, she advised that she was contacted by an individual from California who had heard of the proposal from a visitor and was interested in doing a work shop in 2010. Councillor Gazzola inquired as to the percentage of the Market that is taken up with Saturday vendors. Ms. C. Ladd advised that it is approximately 3/a of the facility. Councillor Gazzola requested clarification of the parking revenues. Mr. Chapman advised that revenues are collected based on hourly/monthly rates and are used to cover operating and capital expenses. Councillor Gazzola suggested that the Saturday market vendors were not contributing enough to operating expenses. Ms. Weiss commented that this would be a matter for Council to address and could be reviewed for next year's fee schedule. Mayor C. Zehr questioned if there is potential to pare down the capital costs for the proposed Market Place. Ms. Weiss commented that she was advised that she had over-projected on construction costs but preferred to over-estimate rather than experience a shortfall. Councillor Gazzola questioned if the proposal is not successful what the Market is left with for the money spent. Ms. Weiss advised that the room will have a commercial kitchen space that could garner rental income and the room still be used for City programming. The following motion was Carried Unanimously. On motion by Councillor C. Weylie - it was resolved: "That staff be directed to proceed to construct amulti-use facility, with supporting amenities, at the Kitchener Market, subject to receiving final building approvals; and, That a total of $116,800 be allotted from the Kitchener Market capital budget to fund the building and development of the project; and, That a programming schedule be implemented that will generate revenue on an annual basis to off-set the annual operating budget; and further, That a transfer back to capital be budgeted over a five year period to recoup the cost of this project." 21. CRPS-09-026 -CONDITIONS FOR NOISE EXEMPTIONS -VICTORIA PARK The Committee considered Corporate Services Department report CRPS-09-026, dated April 14, 2009 concerning a process for requests for noise exemptions related to events held in Victoria Park and immediate vicinity. On motion by Councillor C. Weylie - it was resolved: "That staff be directed to follow the process identified in Corporate Services Department report CRPS-09-026, with regard to processing requests for exemptions to Chapter 450 (Noise) of the City of Kitchener Municipal Code, relating to events being held in Victoria Park and the immediate vicinity." 22. ADJOURNMENT On motion, the meeting adjourned at 5:00 p.m. D. Gilchrist J. Billett Committee Administrator Committee Administrator