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HomeMy WebLinkAboutCouncil - 2009-04-27COUNCIL MINUTES APRIL 27, 2009 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillors B. Vrbanovic and G. Lorentz. The meeting began with the singing of "O Canada" by Vanessa Witt, King School of Vocal. On motion by Councillor J. Smola, the minutes of the regular meeting held April 6, 2009 and special meeting held April 6, 2009, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED DIRECTLY TO FILE - (a) Letters dated April 14, 2009 from L. Pendergast, MPP, Kitchener-Conestoga, acknowledging receipt of Council's resolution regarding MPAC data availability. The following individuals received Certificates of Service in recognition of serving on special Committees and Boards under the jurisdiction of City Council for up to 5 years. Recipients personally received their certificates presented to them by Mayor C. Zehr. Certificates of Service Bill Poole Judith Stephens-Wells Willi Heffner Gerry Remers Elizabeth Brown Pastor Ken Miles, Kitchener-Waterloo Christian Fellowship Church, addressed Council in opposition to Clause 3 of the Heritage Kitchener report concerning the listing of 1000 Bleams Road on the Municipal Heritage Register (MHR) as anon-designated property of cultural heritage value or interest. He circulated an information package to Council, which contained digital photographs of other Georgian Mennonite architectural style fieldstone houses in the area of 1000 Bleams Road. He advised that while its outward appearance may seem to be in good condition, there is considerable decay and warping inside the house. Further, the house is not compatible with the church's future plans for the property. In reference to site and floor plans included in the circulated information package, he stated that in 2004, the church purchased the adjacent property and commissioned architectural plans to construct an addition of a church auditorium seating 650 people. He commented that to date $20,000. has been invested in the plans, which call for the addition to occupy the present location of the house; thereby requiring its demolition. He noted that the church is currently in the process of finalizing the site plan for the addition, which will be submitted for the City's aproval and estimated that construction of the new auditorium would commence within the next two years. In response to questions, Pastor K. Miles advised that locating the new addition on the site of the existing house is predicated on the need to have it connected to the church through a new foyer. He added that no inquires were made with the City when they purchased the adjacent property in 2004, noting that the church only became aware of these heritage issues when it received correspondence from the City's Heritage Planner in February 2009. Mr. Matthew Grupp addressed Council in support of listing 1000 Bleams Road on the Register, noting that he has resided at the subject property since March 2007. He expressed concerns with the examples of other Georgian Mennonite fieldstone houses provided by Pastor Miles, as no addresses were given to confirm their location as being in the area of 1000 Bleams Road. He stated that the current condition of the house was partly due to the neglect of the current owners, adding that neither the need for repair, nor the church's future plans should preclude this building from being listed on the MHR. He advised that he is not currently, and has never been a member of the Kitchener-Waterloo Christian Fellowship Church. Mr. Leon Bensason, Coordinator of Cultural Heritage Planning, advised that built circa 1880, 1000 Bleams Road was identified for listing due to its design, physical, historical and contextual values. The house is an example of the Georgian Mennonite architectural style often associated with the first Europeans settlers in this area. Further, it features a unique fieldstone construction whereby the house is built into the bank of the land. He confirmed that while other examples of this type of architectural style exist in the City, only a few are currently listed on the MHR. Mr. Bensason stated that listing on the MHR does not impose restrictions or obligations with regard to obtaining heritage approvals, meaning property owners do not require a heritage permit or City approval to make COUNCIL MINUTES APRIL 27, 2009 - 108 - CITY OF KITCHENER alterations. However, it does increase the amount of time the City has to process demolition applications, up to 60 days, and has implications in ensuring that the City is consistent with the Provincial Policy Statement when processing Planning Act applications. Accordingly, if the property was to be listed on the MHR and a site plan application was submitted, the City could request the owner to complete a Heritage Impact Assessment (HIA). He added that an HIA would outline all possible options for the house; everything from retaining it in situ, to requiring measured drawings and photographs be taken prior to its demolition. He estimated that as the owners would have to hire a Heritage Consultant, an HIA could cost several thousand dollars to complete. In response to additional questions, Pastor K. Miles advised that their architect is a member of the City of Guelph's Heritage Advisory Committee and consideration was given to the possible incorporation of the house into the design of the new auditorium; however, it was determined that the house could not be functionally incorporated into their plans. He noted that these discussions with their architect regarding the house's incorporation took place after the correspondence was received from the City in February 2009. He acknowledged that while the demolition of the existing house would be necessary, the church would be willing to commemorate its heritage attributes as part of the new auditorium. Moved by Councillor J. Gazzola Seconded by Councillor J. Smola "That Clause 3 of the Heritage Kitchener report of this date be adopted." Councillor J. Gazzola encouraged the other members to support the motion, noting that listing provides the greatest number of options once a demolition application has been submitted. Councillors K. Galloway and C. Weylie spoke in opposition to listing 1000 Bleams Road on the MHR, commenting on the significant investment the owners have already made in the plans for their new addition; and, as there are other examples of Georgian Mennonite fieldstone houses in Kitchener. Councillor Galloway advised that she would like to see the church commemorate the heritage attributes of the house in their new auditorium. A recorded vote was requested. In Favour: Mayor C. Zehr and Councillor J. Gazzola Contra: Councillors J. Smola, K. Galloway and C. Weylie Motion Lost. Moved by Councillor K. Galloway Seconded by Councillor C. Weylie "That notwithstanding 1000 Bleams Road will not be listed on the Municipal Heritage Register as anon-designated property of cultural heritage value or interest, the Kitchener-Waterloo Christian Fellowship Church be requested to work with City staff to commemorate the heritage attributes of that property as part of their plans for the addition of a new church auditorium." Carried. Mr. Bill Roedding addressed Council in opposition to the listing of 35 Bridge Street West on the Municipal Heritage Register, as outlined in Clause 2 of the Heritage Kitchener report. He stated that the house is situated on a 0.58 acre parcel of land located on the south west corner of Bridge Street West and Woolwich Street. He indicated that this property is zoned for high density residential development and expressed concerns with the negative impact that listing could have on the property value. He commented that older buildings in this area were allowed to be demolished without being afforded any heritage protection, adding that his property did not warrant any special treatment. He advised that he currently has no plans to sell the property, noting that his family has lived in the house since it was constructed. Mr. L. Bensason advised that 35 Bridge Street West is a two storey late 19th century brick house and is an example of Italianate architectural style, which features a high degree of decoration and detail. COUNCIL MINUTES APRIL 27, 2009 - 109 - CITY OF KITCHENER He added that without listing the property on the MHR, the City does not have the ability to request a Heritage Impact Assessment (HIA) if alterations are proposed for it in the future. At the request of Mayor C. Zehr, it was agreed that Council would consider the listing of 35 Bridge Street West on the Municipal Heritage Register separately from the other 15 properties outlined in Clause 2 of the Heritage Kitchener report. Moved by Councillor J. Gazzola Seconded by Councillor J. Smola "That pursuant to Section 27 of the Ontario Heritage Act, 35 Bridge Street West be listed on the Municipal Heritage Register as anon-designated property of cultural heritage value or interest, in accordance with the Statement of Significance attached as Appendix 'A' to Development and Technical Services Department report DTS-09-053." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillor Gazzola. Contra: Councillors J. Smola, K. Galloway and C. Weylie. Motion Lost. Mr. L. Gordon, Chief Purchasing Officer, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor J. Gazzola Seconded by Councillor J. Smola "That Tender T09-028, Six Wheel Street Sweeper, be awarded to Joe Johnson Equipment Inc., Barrie, Ontario, complete to specification CKF-72-2009, at their tendered price of $268,080.07, including G.S.T. & P.S.T." - and - "That Tender T09-032, Two (2) Rubber Tired Articulated Loaders, be awarded to Toromont Cat, Cambridge, Ontario, complete to specification CKF-252-2009, at their tendered price of $259,900., including G.S.T. & P.S.T." - and - "That Tender T09-033 -One (1) Track Type Sidewalk Plow and Sander, be awarded to The Shop Industrial, Lively, Ontario, complete to specification CKF-89-2009, at their tendered price of $146,834.06, including G.S.T. & P.S.T., plus the optional snow blower for $22,662.15, including G.S.T. & P.S.T." - and - "That Expression of Interest E09-021, Consultant Services -Extension of Block Line Road, be awarded to Aecom Canada Ltd., Kitchener, at their estimated fee of $878,678.16., including a contingency of $76,076.08 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 Quotation Q09-026, One (1) Four Wheel Winged Rotary Mower, be awarded to Turf Care Products Canada, Newmarket, Ontario, complete to specification CKF-23-2009, at their quoted price of $90,659.90, including G.S.T. & P.S.T." - and - COUNCIL MINUTES APRIL 27, 2009 - 110 - CITY OF KITCHENER "That Tender T09-002, Road and Surface Construction, be awarded to Lafarge Paving & Construction Limited, Petersburg at their tendered price of $3,735,611.82, including provisional items and contingencies of $162,023.31 and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Tender T09-001, Concrete Curb and Sidewalk Construction, be awarded to Yirka Contracting (2006) Ltd., Cambridge at their tendered price of $809,200.30, including provisional items and contingencies of $45,392.25 and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Tender T09-030, Gas & Water Infrastructure Locating, be awarded to G-Tel Engineering, London, Ontario at their tendered price of $133,875., including G.S.T., for one (1) term with an option to renew for an additional two -one (1) year terms, subject to mutual agreement." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Carried. Moved by Councillor K. Galloway Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." Carried. Moved by Councillor J. Smola Seconded by Councillor K. Galloway "That the report of the Finance and Corporate Services Committee be adopted." Carried. Moved by Councillor J. Smola Seconded by Councillor C. Weylie "That the report of the Audit Committee be adopted." Carried. Moved by Councillor J. Gazzola Seconded by Councillor J. Smola "That the report of Heritage Kitchener be adopted." Voted on Clause by Clause. Clause 2 -Voted on in 2 separate parts: COUNCIL MINUTES APRIL 27, 2009 - 111 - CITY OF KITCHENER Part 1 - 35 Bridge Street West -Dealt with under Delegations and Lost, on a recorded vote. Part 2 -Balance of property listings -Carried. Motion Carried, as Amended. Clause 3 -Dealt with under Delegations and Lost, on a recorded vote. Balance of report -Carried. Council agreed to the request of Mr. R. Gosse, City Clerk, to add five additional by-laws for three readings this date, being: one Zoning Amending By-law for 276 Woolwich Street relative to Clause 7 of the Development and Technical Services Committee report; and, four Part Lot Control By-laws for Zeller Drive to allow for the creation of single family dwellings. Moved by Councillor K. Galloway Seconded by Councillor C. Weylie "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (d) Being a by-law to set and levy the rates of taxation for City purposes for the year 2009 and to provide for the payment of taxes after interim taxes. (e) To confirm all actions and proceedings of the Council. (f) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Frederick and Anita Voisin -Woolwich Street. (g) Being a by-law to exempt certain lots from Part Lot Control -Part of Blocks 2, 3, 13, 14 & 21, Registered Plan 58M-364 -Zeller Drive. (h) Being a by-law to exempt certain lots from Part Lot Control -Block 8, Registered Plan 58M-367 -Zeller Crescent. (i) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 13, Registered Plan 58M-364 -Zeller Drive. (j) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 14, Registered Plan 58M-364 -Zeller Drive. 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 J. Smola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. COUNCIL MINUTES APRIL 27, 2009 - 112 - CITY OF KITCHENER Moved by Councillor J. Smola Seconded by Councillor K. Galloway "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 K. Galloway Seconded by Councillor C. Weylie "That the by-laws be given third reading, namely: (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2009-065) (b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law No. 2009-066) (c) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (By-law No. 2009-067) (d) Being a by-law to set and levy the rates of taxation for City purposes for the year 2009 and to provide for the payment of taxes after interim taxes. (By-law No. 2009-068) (e) To confirm all actions and proceedings of the Council. (By-law No. 2009-069) (f) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Frederick and Anita Voisin -Woolwich Street. (By-law No. 2009-070) (g) Being a by-law to exempt certain lots from Part Lot Control -Part of Blocks 2, 3, 13, 14 & 21, Registered Plan 58M-364 -Zeller Drive. (By-law No. 2009-071) (h) Being a by-law to exempt certain lots from Part Lot Control -Block 8, Registered Plan 58M-367 -Zeller Crescent. (By-law No. 2009-072) (i) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 13, Registered Plan 58M-364 -Zeller Drive. (By-law No. 2009-073) (j) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 14, Registered Plan 58M-364 -Zeller Drive. (By-law No. 2009-074) COUNCIL MINUTES APRIL 27, 2009 - 113 - CITY OF KITCHENER be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 8:23 p. m. MAYOR CLERK COUNCIL MINUTES APRIL 27, 2009 - 114 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That the Environmental Committee Work Plan (2009/2010), attached to Corporate Services Department report CRPS-09-039, be approved. 2. That the existing one (1) hour parking time limit on the south side of Duke Street West from a point 76 metres west of Louisa Street to a point 13 metres west thereof, and the existing "No parking anytime" area on the south side of Duke Street West from Louisa Street to a point 76 metres west thereof be deleted from the Uniform Traffic By-law; and further, That the Uniform Traffic By-law be amended to read "No parking anytime" on the south side of Duke Street West from Louisa Street to Shanley Street. 3. That Demolition Control Application DC09/03/M/GS requesting permission to demolish one (1) single detached dwelling located at 110 Madison Avenue South, owned by Cristina and loan Nicoli, legally described as PLAN 395 LOT 11, be approved subject to the following condition: 1) That the owner obtains a building permit for the proposed single detached dwelling; and, That upon satisfaction of condition 1, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: In the event that construction of the new dwelling is not substantially complete within 2-years of the date of issuance of the demolition permit, the City Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. 4. That Demolition Control Application DC09/04/W/GS requesting permission to demolish one (1) single detached dwelling located at 272 Woolwich Street, owned by Jeffrey and Sonya Knipfel, legally described as Tract German Company Pt Lot 66 RP 58R451 Part 1, be approved subject to the following condition: 1) That the owner obtains a building permit for the proposed single detached dwelling; and, That upon satisfaction of condition 1, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: In the event that construction of the new dwelling is not substantially complete within 2-years of the date of issuance of the demolition permit, the City Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. 5. WHEREAS the Province's Places to Grow Act, 2005 requires municipalities within the Greater Golden Horseshoe Growth Plan Area to amend their Official Plans to conform with the Provincial Growth Plan by June 16, 2009; and, WHEREAS area municipalities in the Regional Municipality of Waterloo are dependent upon completion of the Regional Municipality of Waterloo Official Plan in order to complete area municipal official plans and conform with the Places to Grow Act, 2005; and, WHEREAS the Region of Waterloo is in the midst of reviewing its Official Plan to, among other things, bring the Regional Official Plan into conformity with the Places to Grow Act, 2005; and, WHEREAS the Region contemplates adoption of the new Regional Official Plan by June 16, 2009; and, COUNCIL MINUTES APRIL 27, 2009 - 115 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) (Cont'd) WHEREAS the Draft Regional Municipality of Waterloo Official Plan contains provisions requiring area municipal official plans to be brought into conformity with the approved Regional Municipality of Waterloo Official Plan within two years of the date of approval of the Regional Official Plan; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Kitchener hereby advises the Ministry of Energy and Infrastructure that the City of Kitchener cannot achieve the conformity requirements of the Places to Grow Act, 2005 by June 16, 2009 and hereby requests that the Minister extend the period for Official Plan conformity for area municipalities in the Regional Municipality of Waterloo to within two years of the approval of the Region of Waterloo Official Plan; AND FURTHER that the Mayor be authorized to forward the letter attached as Appendix "A" to Development and Technical Services Department report DTS-09-062 to the Minister of Energy and Infrastructure. That final consideration of the 2009-2010 and Post 2010 Kitchener Growth Management Plan, as attached to Development and Technical Services Department report DTS-09-048, be deferred and referred to a special Development and Technical Services Committee meeting to be held on May 25, 2009; with any recommendation made by the Committee on this matter to be considered at a Special Council meeting to be held on May 25, 2009. That Zone Change Application ZC08/29/W/AP (276 Woolwich Street, Frederick and Anita Voisin) for the purpose of changing the zoning from Agricultural Zone (A-1) and Residential Three Zone (R-3) with 304R and 307R to Residential Three Zone (R-3) with Holding Provision for Services and Roadworks 19HSR, on lands legally described as Part Lot 66, German Company Tract, in the City of Kitchener, be approved in the form shown in the "Proposed By- law" dated March 18, 2009, attached as Appendix "A" to Development and Technical Services Department report DTS-09-035, without conditions. COMMUNITY SERVICES COMMITTEE - That as of the 2009 Budget year, a maximum of $1,800., be funded annually through the Special Events Operating Budget to assist with costs associated with the rental, transportation and set-up /take-down of a maximum of three (3) bleacher units for the Bethany Evangelical Missionary Church Annual Christmas Pageant. That $187,767., be transferred from the Activa Sportsplex Legacy Fund to the Activa Sportsplex Construction Project to assist with increased project construction costs and a capital project funding shortfall related to additional foundation works and energy improvements, as outlined in Community Services Department report CSD-09-031. That Option B (Pride Signs), be approved for the 2 new Highway 401 Entrance Signs at a cost of $292,518., with both signs to be install in the spring of 2009, as outlined in Chief Administrator's Office report CAO-08-037; and further, That the sign installed at Location 1 (Westbound at Highway 8) include LED backlighting of its letters and flood lighting for the sign face, with a power supply extending from the south side of Highway 401. COUNCIL MINUTES APRIL 27, 2009 - 116 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That Mr. Alan Doherty be appointed to represent the Suburban Sector of the Downtown Advisory Committee, for a term expiring November 30, 2010. 2. 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. 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. 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. 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. 6. 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. 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. 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. 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. COUNCIL MINUTES APRIL 27, 2009 - 117 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 10. 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. 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. 12. 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. 13. 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. 14. That Council Policy I-535 (Combined Fapade /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. 15. 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 to the Finance and Corporate Services Committee meeting of May 11, 2009. 16. That OPTION 3: Deep Collection Containers - MOLOKO 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 MolokO Cityscape units for King Street sections affected by Phases 1 and 2 reconstruction. 17. 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. 18. 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, COUNCIL MINUTES APRIL 27, 2009 - 118 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 18. (Cont'd 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. 19. 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. AUDIT COMMITTEE - 1. That report CAO-09-014, dated March 18, 2009, and report CPRS-09-036, dated March 2, 2009, regarding the Facilities Management Organizational and Functional Review, be received for information. 2. That Chief Administrative Office report CAO-09-016, dated March 20, 2009, regarding the Kitchener Market Administrative Review, be received for information. 3. That Chief Administrative Office report CAO-09-017, dated March 20, 2009, regarding the Director's Response to the Human Resources Review, be received for information. 4. That the Corporate Risk Management Policy and Framework as outlined in Chief Administrator's Office report CAO-09-015, be approved. HERITAGE KITCHENER - 1. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2009-V-001, be approved to permit the conversion of the existing covered front verandah into all season space at the property municipally addressed 4 Park Street, in accordance with the plans submitted with the application, subject to the final building permit drawings being reviewed and heritage clearance issued by heritage planning staff prior to issuance of a building permit. 2. That pursuant to Section 27 of the Ontario Heritage Act, the following properties be listed on the Municipal Heritage Register as non-designated properties of cultural heritage value or interest, in accordance with the Statements of Significance attached as Appendix 'A' to Development and Technical Services Department report DTS-09-053: • 70 Francis Street North; • 97 Frederick Street; • Huron Road (Plan 585 Lots 18, 19, and 20 Part Lots 5, 6, 7, 8, 15, 16, and 21 SS Huron Road German Company Tract Part Lot 149); • 83-85 King Street West; • 87-91 King Street West; • 93-95 King Street West; • 97-99 King Street West; • 103-109 King Street West; • 709 King Street West; • 149-151 Ontario Street North; • 33 Queen Street South; COUNCIL MINUTES APRIL 27, 2009 - 119 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER - (CONT'D) (Cont'd) • 43 Queen Street South; • 53-55 Queen Street South; • 1738 Trussler Road; and, • 171-173 Victoria Street North. (Dealt with under Delegations and Carried, As Amended) That pursuant to Section 27 of the Ontario Heritage Act, 1000 Bleams Road be listed on the Municipal Heritage Register as anon-designated property of cultural heritage value or interest, in accordance with the Statement of Significance attached as Appendix 'A' to Development and Technical Services Department report DTS-09-053. (Dealt with under Delegations and Lost, on a recorded vote) That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2009-IV-002, be approved to permit the installation of one projecting sign at 70 King Street East, in accordance with the plans submitted with the application, subject to the final sign permit drawings being reviewed and heritage clearance issued by heritage planning staff prior to the issuance of a sign permit. COUNCIL MINUTES APRIL 27, 2009 - 120 - 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 - Various Tenders Dealt with under Delegations. 2. Request to Sell Merchandise - Grandmothers to Grandmothers, Kitchener Chapter Council considered Corporate Services Department report CRPS-09-052 (P. Harris), dated April 21, 2009. It was resolved: "That the request of the Kitchener Chapter of Grandmothers to Grandmothers to sell merchandise in the City Hall Rotunda on May 8, 2009 be approved provided the necessary licence is obtained." 3. Appointment to Heritage Kitchener -Upper Doon Heritage Conservation District Council considered Corporate Services Department report CRPS-09-051 (C. Goodeve), dated April 21, 2009. It was resolved: "That Ann Oja be appointed to Heritage Kitchener as the Committee's representative from the Upper Doon Heritage Conservation District for a term expiring November 30, 2010." 4. Removal of Restriction on Title - 11 Greendale Crescent Council considered Corporate Services Department report CRPS-09-049 (L. MacDonald), dated April 16, 2009. It was resolved: "That the City Solicitor be authorized to execute any documentation necessary to convey the City's consent to the release of restrictions currently registered on title as Instrument No. 458317; and further, That the City Solicitor be authorized to execute any documentation necessary to convey the City's consent to the release of restrictions and/or rights of access involving the City of Kitchener that have been created and registered on title which are no longer required." 5. Removal of Right of Access on Title - 239 Lorraine Avenue Council considered Corporate Services Department report CRPS-09-050 (L. MacDonald), dated April 17, 2009. It was resolved: COUNCIL MINUTES APRIL 27, 2009 - 121 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Removal of Right of Access on Title - 239 Lorraine Avenue (Cont'd) "That the City Solicitor be authorized to execute any documentation necessary to convey the City's consent to the release of the right of access currently registered on title to 239 Lorraine Avenue, registered as Instrument No. 615897." 6. Applications for Cancellation, Refund, Reduction or Levy of Taxes Council considered Financial Services Department report FIN-09-048 (J. Evans), dated April 21, 2009. Mr. D. Chapman, General Manager of Financial Services, advised that the primary reason for these refunds is due to clerical errors on behalf of the Municipal Property Assessment Corporation (MPAC). It was resolved: "That the applications to City Council for cancellation, reduction, refund or levy of taxes totaling $20,035., as attached to Financial Services Department report FIN-09-048, be approved, pursuant to Section 357 of the Municipal Act." 7. Encroachment Agreements -Various Downtown Patios - 2009 Council considered Corporate Services Department report CRPS-09-053 (J. Sheryer), dated April 22, 2009. Ms. L. MacDonald, City Solicitor, suggested that the encroachment fees be waived for those patios located on King Street that are affected by the current reconstruction project. It was resolved: "That subject to obtaining all necessary staff approvals, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) or operator(s) of Matter of Taste, located at 119 King Street West, for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties and such use to terminate no later than October 31, 2009 or such later date as approved by the Director of Operations; and, That subject to obtaining all necessary staff approvals, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) or operator(s) of Taste of Philly Cheese Steak, located at 98 King Street West, for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties and such use to terminate no later than October 31, 2009 or such later date as approved by the Director of Operations; and, That subject to obtaining all necessary staff approvals, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) or operator(s) of Exhibit Cafe, located at 10 King Street West, for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties and such use to terminate no later than October 31, 2009 or such later date as approved by the Director of Operations; and, That subject to obtaining all necessary staff approvals, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) or operator(s) of 1725194 Ontario Limited o/a Dallas located at 312 King Street West for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties and such use to terminate no later than October 31, 2009 or such later date as approved by the Director of Operations; and further, COUNCIL MINUTES APRIL 27, 2009 - 122 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 7. Encroachment Agreements -Various Downtown Patios - 2009 (Cont'd) That the 2009 encroachment fees related to sidewalk patios for those businesses located on King Street that will be affected by the King Street Reconstruction Project, be waived." 8. Federal Infrastructure Stimulus Fund Application Council considered Financial Services Department report FIN-09-049 (D. Chapman), dated April 23, 2009, being an addendum to report FIN-09-047. Mr. D. Chapman, General Manager of Financial Services, advised that information was received from the Canada-Ontario Joint Secretariat indicating that projects that were previously approved and prioritized by Council, under the Federal Green Infrastructure Fund and the Federal Recreational Infrastructure Canada Fund may also qualify for funding under the Infrastructure Stimulus Fund (ISF). As a result, staff revised the recommendation of report FIN-09-047 to include projects from all three funding categories for consideration under the ISF. Councillors J. Gazzola and K. Galloway stated that while they were willing to support the revised recommendation, they have concerns regarding the amount of funding that would need to be provided by the City if all 14 projects were approved under the ISF. It was resolved: "That staff be directed to submit the following fourteen projects, in order of priority, for consideration for funding through the Federal Infrastructure Stimulus Fund application: 1. Infrastructure Remediation ($26.6 million) 2. Centre in the Square Improvements ($1.2 million) 3. McLennan Park Development ($3.0 million) 4. Consolidated Maintenance Facility Improvements ($14.0 million) 5. Consolidated Maintenance Facility Solar Roof ($4.1 million) 6. Solar Retrofits ($1.2 million) 7. Strasburg Road Industrial Project ($5.5 million) 8. Accessibility Improvements ($1.0 million) 9. City Hall Lighting ($1.0 million) 10. Bridgeport Community Centre ($2.1 million) 11. Aquatic Facility Upgrades ($5.0 million) 12. Energy Management Systems ($1.5 million) 13. Sportsworld Arena Capital Upgrades ($0.9 million) 14. Kitchener Public Library Construction ($5.6 million); and, That for projects approved under the Federal Infrastructure Stimulus Fund, the City of Kitchener fund one-third of the total eligible project costs; and, That the General Manager of Financial Services be authorized to sign the application for Infrastructure Stimulus Funding, and further; That the General Manager of Financial Services be directed to issue correspondence to all area Members of Federal and Provincial Parliament identifying the projects submitted in the application for Federal Infrastructure Stimulus funding." COUNCIL MINUTES APRIL 27, 2009 - 123 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 9. Encroachment Agreement - 497 Victoria Street South Council considered Corporate Services Department report CRPS-09-055 (J. Sheryer), dated April 22, 2009. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner(s) and any mortgagee(s) of the property municipally known as 497 Victoria St. S. (PIN 22443-0007 LT) to permit parking on the existing driveway which encroaches approximately 33.43 square metre, more or less, over the City's Lawrence Ave. road allowance." 10. Tender T09-012 -David Street, Dill Street and Schneider Avenue Reconstruction Council was in receipt this date of Financial Services Department report FIN-09-050 (L. Gordon), dated April 27, 2009, regarding an amendment to the April 6, 2009 Council resolution concerning Tender T09-012 (report FIN-09-017). It was resolved: "That the resolution of Council passed on April 6, 2009 regarding tender T09-012 (report No. FIN 09-017) be amended by deleting "Ltd." and replacing with "Limited" after the company name, J. Weber Contracting."