Loading...
HomeMy WebLinkAboutCouncil - 2009-06-15COUNCIL MINUTES JUNE 15, 2009 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by John McGill, The Singers Theatre. On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held May 19, 2009 and special meetings held May 19 & 25 and June 1, 2009, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (a) Letter dated May 29, 2009 from the Office of the Prime Minister acknowledging receipt of Council's correspondence concerning local broadcasting stations. (b) Letter dated May 25, 2009 from Harold Albrecht, MP, Kitchener-Conestoga, acknowledging receipt of Council's correspondence concerning local broadcasting stations. Mayor C. Zehr presented Councillors J. Smola and C. Weylie with long service pins in acknowledgement of their 25 years of service as Ward Councillors in the Bridgeport-Centre and West-Victoria Park Wards, respectively. Mayor C. Zehr presented the Governor General's Certificate of Commendation to Chrys Greenwood, Supervisor, Road Repair /Winter Maintenance, for rescuing a young boy on July 11, 2008 from potential drowning in flood waters in the Doon Village Road area resulting from an above-average rainfall. The Certificate is given to those who significantly contribute to the assistance of another person in a selfless manner. Mayor C. Zehr presented congratulatory certificates in recognition of achieving 2009 Canada Millennium Scholarship Foundation Excellence Awards to: Mehdiya Hudda, Huron Heights Secondary School, Joanne Toporowski, Kitchener-Waterloo Collegiate & Vocational School and Martina Zvalena, St. Mary's Catholic High School. The award is given to those who demonstrate an outstanding commitment to academics and community initiatives, with this year's recipients receiving $500. scholarships to assist in their future educational pursuits. Ms. J. Ouellette, Facilitator -Volunteer Resources, advised that in conjunction with Recreation and Parks Month, long service awards are being presented to recreation and leisure groups, as well as individuals, who have made significant volunteer contributions to the City's recreation and leisure services. Mayor C. Zehr presented awards to the following groups and individuals: Volunteer Groups 15 years K-W Track 3 Ski Club 25 years Country Hills Recreation Association Mount Hope Breithaupt Park Neighbourhood Association K-W Olympic Field Hockey Association 30 years Bridgeport Community Association Central Frederick Neighbourhood Association Centreville-Chicopee Community Association 35 years Victoria Hills Neighbourhood Association 40 years KW Minor Boys Softball Association 55 years Grand Hill Village Association KW Minor Lacrosse Association 70 years KW Skating Club Individual Volunteers 8 years Kevin Harrington, Kitchener Waterloo Sports Council & Asahi Judo Club 15 years Linda Sadler, Doon Pioneer Park Community Association 25 years Phil Hignell, Kitchener Waterloo Olympic Field Hockey Club Mr. Mike Farwell, 1St Vice-Chair, Kitchener Public Library (KPL) Board, spoke on behalf of the 'One Book, One Community' literacy program, created to promote reading among adults and to build new connections region-wide through the shared experience of reading the same book at the same time. COUNCIL MINUTES JUNE 15, 2009 - 162 - CITY OF KITCHENER The book chosen for 2009 is 'The Book of Negroes' by Lawrence Hill, describing the journey of a woman through the 1700 and 1800's whose life is shaped by slavery. It was noted that the author will visit at KPL on September 15, 2009. Copies of the 2009 book of choice were presented to each member of Council and an invitation was extended to attend the September 15th event. Mr. John MacDonald, Architect, Ms. Susan Mainland, Social Planning Council, and Ms. Janice Ouellette, Facilitator - Volunteer Resources, presented information on the Festival of Neighbourhoods, the focus of which is to recognize the achievements of neighbours who encourage individuals and families to build stronger neighbourhood relationships and celebrate our community. The delegation invited citizens to register their neighbourhood with the Festival and plan activities, events or projects in their neighbourhoods that will bring people together and is inclusive to all. A $10,000. capital community grant is presented by the City to the winner of the draw from all eligible entries. Mr. MacDonald announced that Councillor J. Gazzola, Fairview-Gateway Ward, was the winner of the 2008 Ward Challenge, in which City Councillors are encouraged to help citizens in their respective wards to register an event. Mr. MacDonald encouraged members of Council to again participate in the Ward Challenge and extended an invitation to all present to the Grand Finale celebration scheduled for October 25, 2009 at Kitchener City Hall. Councillor K. Galloway challenged Ward Councillors to do their part in the Ward Challenge event and also challenged all citizens to get involved to help raise the level of participation by 20% in celebration of our neighbourhood communities. Michael Lisetto-Smith and Shelley Secrett, Co-Chairs, and Thom Ryan, Director, tri-Pride Community Association Inc., thanked Council and staff for their support of the annual tri-Pride Festival 2009, advising that tri-Pride is the Lesbian, Gay, Bi-sexual, Transgender and Queer (LGBTQ) pride organization in the Waterloo Region. Mr. Lisetto-Smith spoke to their vision of a Waterloo Region wherein the LGBTQ community sees itself reflected in the broader community mosaic. He noted that defining numbers and percentage of populations is difficult in Kitchener; however, survey-based studies of the past decade suggest approximately 2% or 10,400 persons in the Region. It was further noted that in Canada, LGBTQ consumers have an estimated buying power of $75B. Mr. Lisetto- Smith advised that Kitchener is losing its LGBTQ residents to Toronto where there are more attractive amenities, resources and nightlife. He stated that their organization would like to further partner with the City and other area municipalities in the Region to explore how the LGBTQ community can better organize and become a sustainable community into the future. Council considered Chief Administrator's Office report CAO-09-035 (S. Adams), dated June 10, 2009, introducing the 2"d Annual Citizens Report Card (2008) created by asub-committee of Compass Kitchener, as assisted by City staff. Theron Kramer and Sarah Marsh, Compass Kitchener, presented details of the 2008 Citizens Report Card representing the second year review of the 20-year plan. Mr. Kramer advised that the results indicate room for improvement but overall the City remains strong in its improvement efforts. Ms. Marsh highlighted six community themes from within the City's 'Plan for a Healthy Kitchener' as measured and graded by the group, including: Quality of Life; Diversity; Downtown; Development; Environment; and, Leadership and Community Engagement. Mr. Kramer advised that a subsequent community survey is planned for the Fall of 2009 to determine how well citizens think the City is doing in addressing priority areas and what priorities should be moving ahead; the results of which will be presented to Council no later than June 2010 as an updated community component to the City's Strategic Plan. Councillor J. Gazzola referred to the category of diversity, requesting clarification of the proposed first ever workforce census of the Corporation. Mr. Kramer stated that the intent of this census is to provide information as to what the corporate workforce looks like today and to provide insight into what steps might be taken to enable newcomers into the workforce. Councillor Gazzola raised concerns in respect to a quota system, suggesting that quota systems are outdated and it would be his preference to acquire the best persons regardless. Ms. Marsh stated that Compass Kitchener also wants to attract the best persons to the workforce and is not advocating a quota system but rather a mechanism to provide opportunities for those with the right skills but who may experience barriers to employment. Fire Chief T. Beckett advised that the City's internal Diversity Committee will be looking at the workforce census and assured that it is not designed to be a quota system. He stated that it is intended to provide a baseline of what the organization is now and going forward City policies and COUNCIL MINUTES JUNE 15, 2009 - 163 - CITY OF KITCHENER practices will be reviewed to determine any revisions that might be made to invoke change and which can then be measured in subsequent census surveys. Councillor Gazzola questioned the City's scoring average, which in his opinion was quite high in comparison to public comments he had been receiving. The delegation pointed out that the metrics reported on are limited, in that, they measure the City's progress against the community vision in the 'Plan for a Healthy Kitchener' and does not encompass everything the City is engaged in over the course of a year. 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 K. Galloway Seconded by Councillor G. Lorentz "That Tender T09-023, C.C.T.V. Inspection of Gravity Sewers, be awarded to Benko Sewer Service - A Division of Badger Daylighting Inc., London, Ontario at their tendered price of $229,515.72, including a contingency of $15,000. and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Tender T09-011, Waverly Road Reconstruction, be awarded to Verly Construction Group Inc., Mississauga, Ontario at their tendered price of $576,501.14, including provisional items and contingencies of $108,665.80 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 T09-029, Cedar Street - Road Reconstruction, be awarded to Amico Infrastructures (Oxford) Inc., Woodstock, Ontario at their tendered price of $1,092,088., including provisional items and contingencies of $171,833.14 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 T09-019, Samuel, Simeon, Hohner -Road Reconstruction, be awarded to Steed and Evans Limited, Heidelberg, Ontario at their tendered price of $2,278,500., including provisional items and contingencies of $208,165. 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 T09-020, Madison Avenue -Road Reconstruction, be awarded to 2153592 Ontario Limited, o/a Elgin Construction, St. Thomas, Ontario at their corrected tendered price of $1,405,866.26, including provisional items and contingencies of $103,729.69 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 Quotation Q09-043, Supply and Delivery of LCD Monitors, be awarded to Amsdell Inc., Richmond Hill, Ontario, at their quoted price of $69,678.06, including G.S.T. & P.S.T." COUNCIL MINUTES JUNE 15, 2009 - 164 - CITY OF KITCHENER - and - "That Quotation Q09-044, One (1) 4,264 kg (9,400 Ib.) G.V.W. All Wheel Drive Pickup Truck and Three (3) 2,857 kg (6,300 Ib.) G.V.W. Extended Cab All Wheel Drive Pickup Trucks be awarded as follows: • One (1) 4,264 kg (9,400 Ib.) G.V.W. All Wheel Drive Pickup Truck, complete to specification CKF-288A-2009, be awarded to Weiland Ford Sales Ltd., Kitchener, Ontario, at their quoted price of $28,871.50, including G.S.T. & P.S.T. Two (2) 2,857 kg (6,300 Ib.) G.V.W. Extended Cab All Wheel Drive Pickup Trucks, complete to specification CKF-288-2009, be awarded to Weiland Ford Sales Ltd., Kitchener, Ontario, at their adjusted quoted price for two units of $52,804.90, including G.S.T. & P.S.T." - and - "That Tender T09-047, Five (5) 5,080 kg (11,200 Ib.) G.V.W. Dual Rear Wheel Crew Cab and Chassis, complete to specification CKF-242-2009, be awarded to Weiland Ford Sales Ltd., Kitchener, Ontario, at their tendered price of $150,403., including G.S.T. & P.S.T." - and - "That Tender T09-049, Two (2) Self Propelled Ice Resurfacers, complete to specification CKF- 74A-2009, be awarded to Zamboni Company Ltd., Brantford, Ontario, at their tendered price of $184,212.60, including G.S.T. & P.S.T., and less $18,000. for the trade-ins of units 966007 and 996359." Carried. Tommy Zaja and Simon Adler attended in support of the decisions of the Committee of Adjustment, listed under Item B.4 of the Committee of the Whole agenda, pertaining to fence variance applications, Submission Nos. FN 2009-002 (Zaja - 877 Thomas Slee Drive) and FN 2009-003 (Adler - 202 Lydia Street). Moved by Councillor K. Galloway Seconded by Councillor B. Vrbanovic "That the application of Tommy and Glory Zaja (FN 2009-002 - 877 Thomas Slee Drive) requesting permission to erect a 1.82m (6') high fence in the front yard, at the left side of the house, rather than the permitted 0.91 m (3') high fence, which will be located 1.5m (4.92') from the front lot line, on Part Lot 35, Registered Plan 58M-109, 877 Thomas Slee Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the fence shall be constructed of masonry posts and wrought iron rails." Carried. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the application of Simon and Ruth Adler (FN 2009-003 - 202 Lydia Street) requesting permission for a fence having a height of 1.52 (5') to be located within the required driveway visibility triangle so that the driveway visibility triangle will have a length of 4.57m (14.76') along Cameron Street North and a depth of 1.9m (6.23') into the property, measured from the intersection of the existing driveway with the streetline to the corner of the existing attached garage, on Lot 1, Plan 284, 202 Lydia Street, Kitchener, Ontario, BE APPROVED." Carried. Mr. David Marskell, Waterloo Regional Children's Museum (WRCM) attended in support of Clause 2 of the Community Services Committee report, which recommends approval of a $50,000. one-time grant to the WRCM representing the City's contribution toward collective provision of sustainability funding from area municipalities. COUNCIL MINUTES JUNE 15, 2009 - 165 - CITY OF KITCHENER Councillor J. Gazzola asked what other area municipalities have agreed to contribute. Mr. Marskell advised that the Region of Waterloo has approved a contribution of $175,000. and decisions from the Cities of Waterloo and Cambridge are expected in the near term. Councillor Gazzola questioned the impact if the WRCM does not obtain the full amount of $500,000. that they have requested. Mr. Marskell advised that the facility will not close but the Museum would not be able to provide the same level of programming. He added that in any event, the Museum plans to review its five-year programming over the coming summer months and bring forward a new business plan for consideration. Councillor Gazzola enquired as to the status of the Museum's financial statement and endowment fund. Mr. Marskell advised that the principle amount of the endowment is locked in and no interest of significance has been received in the past two years. It was noted that the most recent financial statement circulated to Council was the organization's year-end June 2008 and their year- end June 2009 will not be available until the Fall of 2009. On motion by Councillor G. Lorentz, seconded by Councillor K. Galloway, Clause 2 of the Community Services Committee report of this date was brought forward for consideration to approve the one-time grant to the WRCM. Councillor J. Gazzola stated that while he does not question the value of the WRCM, he could not support the grant request at this time. It was his opinion not enough detailed information was provided regarding their financial status and the organization does have control of an endowment. He suggested that given the current economic climate and having recently learned of the City's own 2008 deficit, now was not the right time to be giving away additional grant dollars. Councillor B. Vrbanovic spoke in support of the motion, noting that typically museums operate on a cost-sharing model of 1/3 operations, 1/3 donations /endowments /fundraising and 1/3 municipal support. He pointed out that the WRCM does not operate under this model and suggested that there is a need to review their operations to determine how the museum will go forward in a sustainable manner. He expressed the opinion that continued operation of the museum is important to the quality of life in this community. Councillor K. Galloway also spoke in support of the grant request, suggesting that until a business plan can be presented it is important to provide sustainable funding to ensure continued learning opportunities for area students and for the benefit of the community as a whole. Councillor Gazzola suggested that the $500,000. in government grants requested as it compares to the organization's $1.5M in expenses equates to approximately a 1/3 contribution. Mayor C. Zehr pointed out that the 1/3 reference pertains only to City support as opposed to collective support of all area municipalities and there are restrictions on use of the principle amount of the Museums' endowment. He added that the WRCM has indicated they will take measures to scale back programming if the full funding is not received. He pointed out that the collective contribution requested of area municipalities is $500,000. of which the City is contributing only a portion. Mayor Zehr advised that it has been made clear to the WRCM that continuation of additional funding support in 2010 is conditional on consideration of a new business plan. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That Clause 2 of the Community Services Committee report of this date be adopted." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors G. Lorentz, J. Smola, K. Galloway, B. Vrbanovic and C. Weylie. Contra: Councillor J. Gazzola Motion Carried. Council considered Chief Administrator's Office report CAO-09-036 (R. Regier), dated June 11, 2009, recommending certain lands known as the Centre Block Lands be declared surplus to the City's COUNCIL MINUTES JUNE 15, 2009 - 166 - CITY OF KITCHENER needs for purpose of entering into an Agreement of Purchase and Sale for redevelopment of the Centre Block. Mr. R. Regier, Executive Director of Economic Development, commented that the Centre Block is an important part of key investments made in the downtown that have resulted in new development such as the Health Sciences Campus and Digital Media Centre. He stated that momentum in the downtown is a direct result of the City's investments and now would not be the time to pause or defer in respect to the Centre Block project. Mr. Regier noted that Mr. Ken Yolles, Cassels Brock, Outside Legal Counsel for the City and Mr. Neil Davis, Counsel for Andrin Investments Limited., were in attendance to assist in answering questions. Mr. Regier pointed out that consideration of the development of the Centre Block has been ongoing for the past 9 years, having gone through an extensive evaluation process, including public consultations and resulting in acceptance of a proposal by Andrin. Mr. Regier noted that the proposal delivers on all aspects of the City's vision for the Centre Block and received positive public feedback. He added that Andrin is a proven developer with the means to get the job done well despite the current economic climate. The proposal is a mixed-use residential /commercial complex, comprising approximately 385 units; new retail on King Street; a 3 level underground parking structure with public parking comprising approximately 250 spaces; and an open courtyard in the area above the parking structure. In negotiating an agreement, two individual land appraisals were completed, one by the City and the other by Andrin; and on advice of the City's Fairness Advisor, Mr. James McKellar, another appraisal was completed by a third independent professional company, the Altus Group. Mr. Regier advised that an agreement with Andrin has now been reached that meets the objectives of both parties at reasonable cost and which allows a reasonable return on Andrin's investment. Mr. Regier advised that under the proposed agreement, Andrin will have 36 months from the November 30, 2009 deadline for completion of the development agreement, to commence construction on Phase 1 of the project; 60 months from the November 30 deadline to commence Phase 2; and 72 months from the November 30 deadline to commence Phase 3. He stated that these timelines can only be met if the Agreement of Purchase and Sale is approved immediately. Mr. Regier advised that in May 2009 a review of the draft agreement was undertaken with the Downtown Kitchener Business Improvement Association (DKBIA) Board of Directors, Downtown Building Owner's Consortium and the City's Downtown and Economic Development Advisory Committees. Three main concerns resulted from this review, which include: the length of time to commence Phase 3 (Mayfair Hotel and 156-158 King Street heritage buildings); timing of establishment of a sales office and model suite; and an inflation index for control of costs for the public parking on the Centre Block. In respect to the timing for Phase 3, Mr. Regier advised that provision has been included in the agreement to allow the City to remove the heritage buildings from the project if a suitable redevelopment option is found that Andrin is not interested in pursuing. In essence, this allows Phase 3 to advance separately and concurrently with Phases 1 and 2 of the project. He added that the agreement also now provides a penalty should Andrin fail to commence Phase 3 within the specified timeframe, wherein a Letter of Credit in the amount of $700,000. would be forfeited by Andrin. Mr. Regier advised that provision has also been added to the agreement to establish November 30, 2010 as the installation deadline date for the sales office and model suite. He noted that Andrin has already begun work on pre-sales and a marketing campaign but suggested expectation of a shorter timeline would not be reasonable until a signed Agreement of Purchase and Sale is entered into. He stated that the timelines provided to Andrin are fair, and dependent on market conditions it may be possible to proceed ahead of the timelines. In regard to the inflation index, Mr. Regier advised that provision has been made to use Statistics Canada's Construction Price Index as the benchmark for price inflation for the City-owned parking structure to begin 12 months after the November 30, 2009 deadline. Mr. R. Regier advised that Andrin suggested establishment of a Centre Block Business Liaison Committee to co-ordinate communication with the business community and the City on Centre Block matters. The Committee would commence meeting in July 2009 and continue through the life of the project. Their mandate will be to review marketing of the project; timing of installation of the sales office and model suite to optimize the sales strategy; and develop a project plan to expedite redevelopment of the heritage buildings in tandem with completion of the development agreement. Councillor J. Smola requested clarification of the penalty to Andrin should they fail to meet the deadline relative to the heritage buildings and the City's option to withdraw the buildings if a suitable COUNCIL MINUTES JUNE 15, 2009 - 167 - CITY OF KITCHENER redevelopment option is found that Andrin has no interest in. Mr. Regier advised that Andrin remains interested in redevelopment of the heritage buildings; however, under the agreement the City will retain option to remove the heritage buildings if they find a suitable redevelopment option sooner than the proposed timeline and in which Andrin has no interest in pursuing. He noted that dependent on the timing of the City exercising its option the Letter of Credit, or portions of the amount thereof, would be forfeited by the City. Ms. L. MacDonald added that the City will retain ownership of the lands until such time as completion of a development plan for the heritage buildings. Councillor J. Gazzola asked if the transfer of the heritage lands would not then pass for 6 years. Mayor C. Zehr clarified that potentially it may not happen for 6 years and an earlier timeframe would be dependent on an alternative redevelopment solution. Councillor J. Gazzola commented that the revised agreement now constitutes a different deal and questioned if Andrin would not be required to pay any penalty for not redeveloping the heritage buildings if the City finds an alternate solution. Mr. Yolles advised that if the City exercises its option in the initial 18 month period, Andrin would pay a penalty of $150,000. and if the option is not exercised until between Phases 1 and 2, Andrin would pay a penalty of $300,000. He added that at the closing of Phase 2, if the City has not exercised its option, Andrin will post the $700,000. Letter of Credit to secure completion of Phase 3. Councillor J. Gazzola requested confirmation that the City would still own the lands and be able to collect the Letter of Credit if Andrin fails to redevelop the heritage buildings. Mr. Yolles concurred. Councillor J. Gazzola questioned what the development charges would be if the lands were not exempt. Mr. Regier agreed to follow-up on this matter and to provide Council with the correct amount. Councillor J. Gazzola requested clarification of the exemption from cash-in-lieu of parkland. Mr. Regier advised that any development in the downtown is not required to pay cash-in-lieu of parkland and there is no direct cost to the City. Mr. J. Willmer added that where required, the amount would be equal to 5% of the value of the lands and in the case of the Centre Block, it is not a cost but rather revenue forgone. Councillor J. Gazzola questioned the status of subsequent agreements to be completed, raising concerns with the ability to meet the November 30, 2009 deadline given the current agreement has taken 2 years. Mr. Yolles advised that prior to transfer of any lands, completion of the development agreement and several construction contracts including those related to the parking structure must be completed by the November 30 deadline. He added that these have been worked on in tandem with the current agreement, drafts of which are substantially complete and work will continue to finalize the remaining agreements by the specified deadline. Councillor Gazzola questioned the timing for start of construction. Mr. Regier advised that if all agreements meet the November 30 deadline, Andrin will have 3 years from that date to commence construction on Phase 1 of the project. Councillor Gazzola questioned the number of pre-sales required. Mr. Regier advised that the requirement is 80% of the total number of units of Phase 1, which would be 80% of approximately 225 units. Mayor C. Zehr noted that the 80% is a condition of financing arrangements, which have not yet been arranged, and suggested it could be less dependent on market conditions. Councillor Gazzola raised concerns that no payment will be received from Andrin for the lands until construction commences. Mr. Yolles advised that the City would be paid immediately on closing of Phase 1, which at the outset would be within 3 years of signing the development agreement. Councillor Gazzola questioned when the City is required to make payment for the public portion of the parking structure and was advised that progress payments for work completed would commence once construction reaches the top level of the 3 level underground parking structure. Mr. Regier added that the inflation index would begin 12 months after the November 30, 2009 deadline for completion of the development agreement. Councillor Gazzola questioned if inflation applies to the sale of the land and Mr. Regier advised it does not. Mr. Jack Redmond, resident, spoke in opposition to approval of the Agreement of Purchase and Sale, raising concerns in respect to: the process undertaken, noting that the report only became available on the Friday prior to this meeting and there has been no follow-up discussion with him concerning the issues he had raised prior to this date; the proposed option to remove the heritage buildings and penalty staging; proposed inflation index for cost of the City's portion of the parking structure; and ultimate ownership arrangements of the parking structure. He suggested that there are numerous flaws in the proposed agreement and that those he has talked to in the development industry, as well as in the community, are angry in respect to the proposed deal with Andrin. He alluded that if the City did not delay the process and do all it can to ensure an inclusive process, steps would be taken to co- ordinate aformal opposition that would pursue numerous avenues to slow the process down. Mayor Zehr requested clarification of Mr. Redmond's concern that there would be no penalty to Andrin if the City exercises its option to withdraw the heritage buildings. Mr. Yolles advised that no COUNCIL MINUTES JUNE 15, 2009 - 168 - CITY OF KITCHENER penalty would apply only in the instance of the City exercising its option after closing of Phase 2. Mayor Zehr also requested clarification as to the ultimate ownership of the parking structure. Mr. Yolles advised that the development agreement is not yet finalized; however, the draft document does not propose to have ownership with the condominium development but would rather be under separate ownership. Mayor Zehr inquired if other issues raised by Mr. Redmond would be addressed in the development agreement. Mr. Yolles advised that the development agreement will provide a comprehensive resolution to all dealings with regard to the parking structure and condominium development. Mr. Redmond inquired as to when the development agreement would be made public. Mayor Zehr advised that the completion deadline is November 30, 2009 and the document would have to be available in reasonable time for consideration prior to that date, but a specific date could not be provided at this time. Mr. Mark Garner, Downtown Kitchener Business Improvement Association (DKBIA), spoke in support of the Agreement of Purchase and Sale, but advised that he could not speak directly for the Board of Directors who have not had time to review the revised agreement. He acknowledged that mitigation measures have been incorporated into the agreement in respect to the issues DKBIA had raised and which appear to be a reasonable approach. He emphasized the importance of establishing the sales office and model suite as early as possible, as there has already been significant interest in the development. He also spoke to the importance of advancing redevelopment of the heritage buildings and their desire to work with the developer and the City to drive that process parallel to the remainder of the project. Councillor G. Lorentz inquired as to the impact to the downtown if the project does not go forward. Mr. Garner stated that the Centre Block is a significant part of the downtown core and would considerably impact current momentum in the core if the project does not proceed. He added that the increased density is needed to bring vitality to the downtown environment. Councillor J. Gazzola requested clarification of the Downtown Building Owners' Consortium (DBOC). Mr. Garner advised that the DBOC was formed in 2008 as asub-committee of the DKBIA, comprising of across-section of large building and individual building owners, who have an active role in specific projects within the downtown. Councillor C. Weylie inquired as to any interest the DBOC has in acquiring the heritage buildings at this time for redevelopment. Mr. Garner advised that discussions to date have centered on working with Andrin and the City, failing which they would consider taking over the buildings to pursue alternative redevelopment options. On motion by Councillor C. Weylie, seconded by Councillor G. Lorentz, the staff recommendation contained in report CAO-09-036 was brought forward for consideration to declare certain lands known as the Centre Block lands as surplus to the City's needs for the purpose of entering into an Agreement of Purchase and Sale with Andrin Investments Limited for redevelopment of the Centre Block. Councillor J. Smola advised that he had concerns with the proposed agreement, expressing the opinion that the concerns of the DKBIA had been taken lightly by those negotiating the contract. In particular, he spoke to the long timeframe for redevelopment of the heritage buildings and questioned why the buildings should not be pulled out now and dealt with separately; as well as, the potential to take up to one and half years from now before a sales office and model suite is established. He stated that these are two important issues raised by the DKBIA that in his opinion have not been addressed and accordingly, he was not prepared to support the motion. Councillor B. Vrbanovic commented that the City had suggested a 6 month timeframe from the execution of the development agreement and Andrin had said 12 months. He suggested a compromise of 9 months bringing the deadline for establishment of the sales office and model suite to August 31, 2010. He noted that this would give Andrin 15 months from now and the timing would coincide with the completion of the King Street reconstruction. Councillor Vrbanovic advised that the City's Chief Administrator had attempted to contact Andrin in this regard but was not able to reach them prior to this meeting. COUNCIL MINUTES JUNE 15, 2009 - 169 - CITY OF KITCHENER Councillor C. Weylie accepted Councillor Vrbanovic's suggestion to revise the deadline for establishment of the sales office and model suite to 9 months from the date of execution of the development agreement, as a friendly amendment. Councillor B. Vrbanovic commented that this has been an extremely long process to which the City had hoped to have more private sector interest but in the end only one viable proposal remained. He added that additional time had been taken to do necessary due diligence in respect to this agreement and the project is still subject to completion of other agreements by November 30, 2009. He stated that the proposal has met all of the City's objectives and was of the opinion it was time to decide whether to go forward or give up. He suggested that while it is easy to give up the repercussion is likely to result in no development proposals for the foreseeable future. He added that if this proposal is not approved having met all objectives of the City's Request for Proposals it would be difficult to get any others to negotiate with the City; and the City will continue to loose out to other urban development. He stated that while the timing of redevelopment for the heritage buildings is a concern it is likely that if nothing else is happening on the Centre Block there will be no interest in their redevelopment. He acknowledged that the agreement is not perfect, but has generated excitement even in this economic climate; the commitment of the developer is strong; and the completed development will generate substantial tax dollars to benefit of the community. Councillor Vrbanovic suggested that focus should now move to the work of the Liaison Committee in respect to advancing redevelopment of the heritage buildings. Councillor J. Gazzola commented that he had stood alone several years ago to oppose establishment of a Central Library on the Centre Block in favour of seeing taxable assessment on the site. He stated that while this is now proposed he was not in a position to support the agreement as it was his opinion it does not represent the best deal for the ratepayers. He suggested that the whole process had been flawed since it began in 2007 when 3 proposals were received and subsequently 2 were withdrawn without sufficient explanation. He stated that it was difficult to negotiate with only one developer and suggested a change in expectations at that time should have been made so as to obtain comparable proposals. He noted that the block has cost approximately $12 to $13M of which he did not expect to fully recover all costs through private sector development; however, he was not satisfied with how this has gone given the selling price is fixed at 2007 dollars and is not likely to be collected on until 2012 when title is transferred. He expressed concerns with the difference in selling price of $1.2M/acre to that of the lands for the new Provincial courthouse at $3.2M. He advised that he would like to see the developer come closer, noting the City has spent substantial dollars in the downtown already to the disadvantage of the remainder of the community. He acknowledged the importance of the downtown but was of the opinion ratepayers deserve a better deal. Councillor Gazzola added that he did not believe time was of the essence given the time it took to complete the Agreement of Purchase and Sale and the fact there are still several more agreements to complete. Councillor G. Lorentz agreed that it would have been better had there been more proposals to consider; however, that was not the case and at some point a decision has to be made. He questioned that if this proposal having met all objectives is not approved, who would have confidence in negotiating another proposal with the City. He added that even Andrin had indicated that negotiations with the City had been challenging and had they known they might not have proceeded. He stated that he did not see any other way to move forward and suggested that the issues raised could be worked through. He noted the desire in the community to see something happen on the Centre Block similar to other projects that have created momentum in the core; adding that if this does not go forward it is unlikely the City will see the downtown reach its potential. Councillor Lorentz expressed the opinion it was a reasonably good deal that will see revenues generated from the residential component over the long term. Councillor C. Weylie commented that the City's focus throughout use of the Economic Development Investment Fund has been to increase residential density in the downtown which this proposal complies with. She expressed the opinion that Andrin had been saddled with the heritage buildings and had taken them on only to now have Council request an option to allow their removal. She expressed the opinion that the agreement should proceed, noting that if subsequent agreements are not completed by the November 30, 2009 deadline the project would not go forward in any event. Councillor K. Galloway commented that she took comfort in the knowledge that the timelines represent the worst case scenario and Andrin has indicated a desire to move forward at a faster pace if at all possible. She advised that she would support the motion to ensure development of the site moves forward as she agreed that otherwise it is likely to be a long time before anything else might come forward. COUNCIL MINUTES JUNE 15, 2009 - 170 - CITY OF KITCHENER Mayor C. Zehr acknowledged the complexity of the proposed deal, suggesting that comfort can also be taken in the long, methodical review and consultation process that has taken place. He expressed the opinion that Council should focus on the subject agreement rather than attempting to compare it to other projects, such as the land acquisition for the new Provincial courthouse, as in his opinion it is dangerous to do so without knowing the full details. He added that development charges do not have any relevance as the downtown exemption exists for this and any other potential development that might come forward for the downtown. He agreed that the City would lose credibility in not approving a proposal that has met all of the objectives set for the Centre Block and if approved, there is potential for great things to happen on this site. Mayor Zehr commented that while it may not be the perfect deal it was his opinion it was a fair deal and even if this agreement is approved today, there will be subsequent agreements to complete, all of which will require approval of Council prior to the project moving forward. Moved by Councillor C. Weylie Seconded by Councillor G. Lorentz "That the following lands located in the Centre Block, commonly referred to as the Centre Block Lands, be declared surplus to the City's needs for the purpose of the City entering into an Agreement of Purchase and Sale for the redevelopment of the Centre Block: Part of PIN #22316-0113 Composed of the following properties: 1) Part of Lot 3 marked "Bettschen", D. Weber's Survey, North of King Street and West of Ontario Street (formerly Foundry Street), Plan 401; 2) Part Lots 3 & 5, North of King Street and West of Ontario Street, Plan 401, being Parts 1 and 2 on Plan 58R-4454; 3) Part Lot 5, North of King Street and West of Ontario Street, Plan 401, being Parts 1 and 2 on Plan 58R-5636; 4) Part of Lot 7, G. W. Bowman's Survey, Plan 362, and Part of Lot 5, David Weber's Survey, North of King Street and East of Young Street, Plan 401; 5) Part Lots 2 and 3, Plan 362; 6) Lot 1 and Part of Lot 2, Plan 362; 7) Part of Lot 7, Plan 401 and Lot 8, Plan 362, being Parts 1, 2, 3, 4 and 5 on Plan 58R- 12515; and, PIN #223160013 Part Lot 3W, Plan 401, being Parts 5 & 6 on Plan 58R-13462, Kitchener; and, That the City Solicitor be authorized to extend the Letter of Intent with Andrin Investments Limited to June 30, 2009; and further, That the Mayor and Clerk be authorized to execute an Agreement of Purchase and Sale with Andrin Investments Limited for the sale of the Centre Block lands, substantially in the form attached to Chief Administrator's Office report CAO-09-036, save and except the proposed timeline for establishment of a sales office and model suite which shall be modified to provide that the sales office and model suite will be established within 9 months of the date of execution of the development agreement, said agreement to be satisfactory to the City Solicitor." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors G. Lorentz, K. Galloway, B. Vrbanovic and C. Weylie. Contra: Councillors J. Gazzola and J. Smola. Motion Carried. Council then considered Chief Administrator's Office report CAO-09-034 (R. Regier), dated June 5, 2009, dealing with establishment of a Centre Block Business Liaison Committee and attached Terms of Reference. COUNCIL MINUTES JUNE 15, 2009 - 171 - CITY OF KITCHENER Councillor B. Vrbanovic proposed that the Terms of Reference be revised to provide that the City's representatives would be the Chief Administrative Officer and the Executive-Director of Economic Development, and that the Committee meet once a month, or less if a unanimous consensus is reached among Committee members. He commented that this would send a strong message of commitment to seeing the redevelopment of the heritage buildings expedited. Councillor J. Gazzola requested clarification of the Committee's authority under the proposed Terms of Reference. Mayor C. Zehr advised that the Committee would act as an Advisory Committee to Council and in that regard, would not have the authority to commit the City without the approval of Council. Councillor Vrbanovic agreed that be included in the Terms of Reference and also clarified that in adding the Chief Administrator as a member it was his intent the Chief Administrator act as the Chair of the Liaison Committee. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That a Centre Block Business Liaison Committee be established as outlined in the Terms of Reference attached to Chief Administrator's Office report CAO-09-034, as amended to provide for the following: the City of Kitchener participants shall be the Chief Administrative Officer and the Executive Director of Economic Development; and the Chief Administrative Officer shall act as the Chair of the Committee; the Committee will meet on a monthly basis, or more frequently as required, or less frequently on unanimous consensus of the Committee; and, the Committee shall report to Council on a regular basis in respect to their work progress and any recommendations shall be forwarded in a report to the appropriate Standing Committee." Carried Unanimously. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Mayor C. Zehr referred to the June 1, 2009 Development and Technical Services Committee minutes as it relates to discussion of the City's response to the second draft of the Region of Waterloo's Regional Official Plan 2029. He stated that the Committee minutes do not correctly reflect the intent of the Committee's discussion and recommendation, the latter of which is listed as Clause 3 of the Development and Technical Services Committee report. A revised recommendation was circulated clarifying that the City does not agree with the permanency of the 'Protected Countryside' designation as proposed in the Regional Official Plan 2029. At the request of Mayor C. Zehr, it was agreed to amend Clause 3 of the Development and Technical Services Committee report by deleting the opening statement of the second paragraph in its entirety and replacing same with the following statement: "That the Regional Municipality of Waterloo be advised that the City of Kitchener does not support the permanency of the 'Protected Countryside' designation for the following reasons:". The Development and Technical Services Committee report was then voted on clause by clause. Clause 3 -Carried, as Amended. Balance of Report -Carried. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That the report of the Community Services Committee be adopted." Voted on Clause by Clause. COUNCIL MINUTES JUNE 15, 2009 - 172 - CITY OF KITCHENER Clause 2 - Dealt with under Delegations and Carried, on a recorded vote. Balance of report -Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the report of the Finance and Corporate Services Committee be adopted." Councillor J. Gazzola requested an update on the status of the encroachment at 28 Waterloo Street relative to Clause 9 of the report. Ms. L. MacDonald advised that negotiations are ongoing with the property owners' legal Counsel; however, Utilities staff has obtained temporary access to the underground infrastructure for purposes of upgrading the gas service. She added that it would still be appropriate to ratify the Committee's resolution as its purpose is to provide direction to negotiate an encroachment agreement with the owner and any negotiated agreement will then come back to Council for approval. Councillor Gazzola spoke in opposition to Clause 10 of the report, dealing with approval of the Consolidated Maintenance Facility (CMF) solar roof project. He stated that while this is a good thing for the environment, it will add to the cost of the CMF and notwithstanding contributions are to come from the 2 senior levels of government, all contributions represent ratepayer dollars. He suggested that the payback is too long and there are many other initiatives that should take priority. Councillor B. Vrbanovic commented that the Canadian Government recognizes part of future change in energy sources will be a move toward reliance on green energy and this project provides opportunity for Kitchener to be at the forefront. He pointed out that the City's investment will be recouped in 5 years and the project will significantly reduce energy consumption costs for the CMF, producing operating savings that will be a direct benefit to the ratepayers. Mayor C. Zehr added that this is not an additional cost to the CMF but rather is a separate project in which the City is able to take advantage of the large roof to produce solar energy. The Finance and Corporate Services Committee report was then voted on clause by clause Clauses 9 & 10 -Carried. Balance of Report -Carried. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the report of Heritage Kitchener be adopted." Carried. Councillor G. Lorentz referred to the Kitchener Rangers annual meeting from which reports rose suggesting the executive is not doing a good job. Councillor Lorentz expressed his support of the Board of Directors as it was his opinion they run an efficient operation and have been excellent partners in the operation of the Auditorium Complex. He asked that a letter be forwarded from the Mayor's Office to convey Council's confidence and support in the Rangers' Board of Directors, as well as to show appreciation for their contribution to the community and to extend best wishes for their continued success. Councillor K. Galloway declared an interest in this matter and abstained from all discussion and voting as a family member sits on the Board of Directors of the Kitchener Rangers Hockey Club. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That an expression of confidence be forwarded from the Mayor's Office, on behalf of Council, to the Board of Directors of the Kitchener Rangers Hockey Club in support of the Board's COUNCIL MINUTES JUNE 15, 2009 - 173 - CITY OF KITCHENER efficient operation of the Hockey Club and to convey appreciation of their contribution to the community and to extend best wishes for their continued success." Carried. Councillor J. Gazzola requested an update on the project costs for the Consolidated Maintenance Facility (CMF). Mr. T. Speck, General Manager, Corporate Services, advised that work is currently being done on design of the facility with the intent to meet the fundamental needs of those who will work in the facility. He noted that staff is working within the targets of the $48.2M approved budget and application under the Federal /Provincial Stimulus Fund of $9.3M. Mr. Speck advised that staff have not signed off on the design phase as yet and is working to bring forward a plan that fits in with the financial targets. He added that a report will come forward in the fall 2009. Councillor Gazzola referred to discussion at the previous Committee meeting which suggested the costs would be higher. Mr. Speck advised that staff is not satisfied with preliminary pricing on some components and is working with the consultant to make adjustments, with the intent to bring back a design within the financial targets. Councillor Gazzola referred to a resolution arising from the Federation of Canadian Municipalities (FCM) annual conference concerning "Buy Canadian" protectionist policy. He asked for clarification as to how this resolution reflects on Kitchener, noting that the City has not yet dealt with this issue. Mayor Zehr advised that a report is coming forward to the June 22, 2009 Finance and Corporate Services Committee in response to a request by the Canadian Auto Workers Association to adopt a 'Buy Canadian' policy relative to the City's purchasing practices. Councillor Vrbanovic added that the FCM resolution originated from the Town of Halton Hills, the intent of which was to support the Federal Government's position in respect to elimination of the "Buy American" clause in the United States (US) stimulus package. He noted that it provides that if no action is taken by the US within 120 days, Canadian Cities who wish to adopt protectionist policy in respect to their purchasing practices would be in a legitimate position to do so. He added that it would be up to the Finance and Corporate Services Committee to determine whether to consider the FCM's resolution or that which will come forward in the pending report. Council agreed to the request of Mr. R. Gosse, City Clerk, to add an additional by-law for three readings this date, being a by-law to delegate certain authority for consent of alterations to property designations under Part IV or Part V of the Ontario Heritage Act, relative to Clause 5 of the Heritage Kitchener report. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to exempt certain lots from Part Lot Control -Blocks 49 & 50, Registered Plan 58M-347 - Rockcliffe Drive. (b) To confirm all actions and proceedings of the Council. (c) Being a by-law to delegate certain authority of Council to consent to permits for the alteration of property designated under Parts IV and V of the Ontario Heritage Act. 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 B. Vrbanovic as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. COUNCIL MINUTES JUNE 15, 2009 - 174 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic 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 G. Lorentz Seconded by Councillor K. Galloway "That the by-laws be given third reading, namely: (a) Being a by-law to exempt certain lots from Part Lot Control -Blocks 49 & 50, Registered Plan 58M-347 - Rockcliffe Drive. (By-law No. 2009-086) (b) To confirm all actions and proceedings of the Council. (By-law No. 2009-087) (c) Being a by-law to amend Chapter 270 of The City of Kitchener Municipal Code with respect to Parks. (By-law No. 2009-088) Note: by-law given 1St and 2"d reading as per Item 8.8 of the Committee of the Whole.} (d) Being a by-law to delegate certain authority of Council to consent to permits for the alteration of property designated under Parts IV and V of the Ontario Heritage Act. (By-law No. 2009-089) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 10:30 p. m. MAYOR CLERK COUNCIL MINUTES JUNE 15, 2009 - 175 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That staff be directed to enter into a memorandum of understanding with the City of Cambridge related to the provision of cross-border wastewater servicing plan to accommodate the Conestoga College South Campus lands and the Blair Industrial lands; and, That all expenditures associated with conducting Municipal Class Environmental Assessment Study wastewater servicing plan to accommodate the Conestoga College South Campus lands and the Blair Industrial lands, construction, commissioning and operation of proposed sewage works, be at the cost of the City of Cambridge; and further, That the results of the Municipal Class Environmental Assessment Study wastewater servicing plan to accommodate the Conestoga College South Campus lands and the Blair Industrial lands be provided to Kitchener's City Council prior to the issuance of the Study findings being posted for the mandatory 30 day public review period. 2. That Planning staff at the Cities of Cambridge and Kitchener work together with the major property owners in the area of Homer Watson Boulevard and Hwy 401, to establish urban design principles to guide future development as a transit oriented, mixed use node. 3. That the Regional Municipality of Waterloo be requested to address the comments and concerns regarding the second draft of the Regional Official Plan 2029, as outlined in Development and Technical Services Department report DTS-09-086; and further, That the Regional Municipality of Waterloo be advised that the City of Kitchener does not support the permanency of the 'Protected Countryside' designation for the following reasons: • technical reports in support of the groundwater recharge mapping have not been made available to the public for review; and, • a permanent designation precludes the possibility of alternate technologies to achieve groundwater recharge, or alternate sources for drinking water. (As Amended) That in accordance with the Air Quality in Kitchener (2006) Report the following be approved as the Five Best Bets for 2009: Best Bet #1 - the City of Kitchener in cooperation with the Region of Waterloo's Public Health Department, develop and implement education strategies to make residents aware how their personal actions and choices affect air quality [Recommended Action 3.4 from the Air Quality in Kitchener report (2006)]; and, Best Bet #2 - expand the existing Kitchener Clean Air Plan to include a smog alert advisory / strategy and management program targeted at the general public, not just City operations [Recommended Action 2.4 from the Air Quality in Kitchener report (2006)]; and, Best Bet #3 - make available through the City of Kitchener educational material and assessment tools to demonstrate the benefits of and encourage energy retrofit initiatives in residential, commercial and industrial applications. [Recommended Action 1.26 from the Air Quality in Kitchener report (2006)]; and, Best Bet #4 - assist transport centres (i.e. train and bus terminals) and City facilities (i.e. arenas, libraries and pools) to introduce anti-idling measures. [Recommended Action 1.7 from the Air Quality in Kitchener report (2006)]; and, COUNCIL MINUTES JUNE 15, 2009 - 176 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 4. (Cont'd) Best Bet #5 - the City of Kitchener carry on emission inspections and maintenance programs as part of ISO 14001 that effectively reduce emissions from fleet vehicles [Recommended Action 1.1 from the Air Quality in Kitchener report (2006)]; and further, That staff through the Environmental Study Group be directed to investigate the feasibility and, if appropriate, pursue the implementation of the Air Quality in Kitchener Five Best Bets for 2009. 5. That the on-street parking regulations on both the north and south side of Belmont Avenue West (Belmont Village) be changed to a mix of 30 minute, 1 hour, and 2 hour time limits; and, That the westbound curb lane on Belmont Avenue at Glasgow Street be designated as a right turn lane only; and further, That the Uniform Traffic By-law be amended accordingly. 6. That the Corporation of the City of Kitchener accept the conveyance of a 3.904 metre wide parcel of land across the frontage of 55 Woolwich Street, legally described as Part of Lot 59, GCT, identified as Part 4 on the draft Reference Plan prepared by MacDonald-Tamblyn Surveying Ltd., dated April 21, 2009, free and clear of encumbrances, for a future road widening, on terms and conditions satisfactory to the City Solicitor. COMMUNITY SERVICES COMMITTEE - 1. That the Mayor and Clerk be authorized to execute afive-year agreement, subject to the satisfaction of the City Solicitor, with Forest Hill T-Ball Association Inc. for the use of storage space at 1700 Queen's Boulevard, Kitchener, as outlined in Community Services Department report CSD-09-039. 2. That aone-time grant in the amount of $50,000., funded through the remaining unallocated grants budget ($14,000.), Children's Museum capital provision ($6,000.) and the City's miscellaneous expenditure account ($30,000.), be approved to the Waterloo Regional Children's Museum, representing the City of Kitchener's contribution to the Museum's request for support from area municipalities to collectively provide a total of $500,000. in sustainability funding for 2009. (Dealt with under Delegations and Carried, on a recorded vote) FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That the licence fee for the Heart and Hand Festival to be held on September 19, 2009 at the Joseph Schneider Haus be reduced to $42.80. 2. That the Holy Trinity Serbian Orthodox Church be approved to operate a special event at Holy Trinity Serbian Orthodox Church, 700 Fischer-Hallman Rd., Kitchener on July 26, 2009 from 1:00 p. m. to 10:00 p. m. provided the necessary licence, including Health and Fire approvals, is obtained; and, That the Holy Trinity Serbian Orthodox Church be granted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code in conjunction with an event at 700 Fischer- Hallman Rd., Kitchener on July 26, 2009 from 2:00 p. m. to 10:00 p. m.; and further, That the City of Kitchener has no objection to a liquor licence being issued to the Holy Trinity Serbian Orthodox Church for an event on July 26, 2009. COUNCIL MINUTES JUNE 15, 2009 - 177 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 3. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Calvary Memorial United Church on Saturday, June 20, 2009, between the hours of 1:00 p. m. and 4:00 p. m., for their Annual Strawberry Social. 4. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Cherry Park Neighbourhood Association for a series of movie nights in Cherry Park on June 12, July 11 and August 7, 2009, and in King Edward Field on June 26, July 24 and August 21, 2009, from 8:30 p. m. to 10:30 p. m. each evening. 5. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Mr. Victor Jannert for a wedding celebration to be held at his residence at 42 Evergreen Crescent, on Saturday, June 20, 2009, between the hours of 7:00 p. m. and 11:00 p. m. 6. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Bobby O'Brien's, 125 King Street West, for each Wednesday evening between the hours of 7:00 p. m. and 11:00 p. m., from June 3 to October 14, 2009, for a Blues band, playing on their patio area. 7. That the request of Dandy's Restaurant, 85 King Street West, to obtain an encroachment agreement for an outdoor patio for the 2009 season be denied. 8. That the request from Ms. Sarah McIntosh to operate a refreshment vehicle at 33 Manitou Drive be denied as this location does not meet the required distance separation between existing Places of Refreshment. 9. That staff be directed to negotiate an encroachment agreement with the owner(s) of 28 Waterloo Street pertaining to a retaining wall the property owner(s) has constructed on City- owned property. 10. That the Solar Roof Central Maintenance Facility (CMF) Business Case, dated May 7, 2009, be accepted and that staff be instructed to proceed with project implementation subject to: a) The CMF Solar Roof project receiving approval and funding as part of Kitchener's submission to the 2009 Federal Budget Infrastructure Funding Program; and, b) The Ontario Power Authority (OPA) enacting its proposed Feed-in-Tariff (FIT) Program and the OPA approving of Kitchener's application for participation in the FIT Program; and further, That Kitchener's portion of the required funding ($1,366,667.) be sourced from the City's LEAF Program at the prevailing rate of borrowing, over a 5 year term. 11. That Chief Administrator's Office report CAO-09-027, 2008 Downtown Trends and Indicators and associated Background Report, be received as information. 12. That the request of Mr. Dave Wilson, SOS Barbecue, to operate a refreshment vehicle at T/A Appliance, 932 Victoria Street North, be denied as this location does not meet the required distance separation between existing Refreshment Vehicles and Places of Refreshment. HERITAGE KITCHENER - 1. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2009-V-003, be approved to permit the construction of a new garage, the demolition of the existing two-storey rear verandah, and the construction of aone-storey addition with a second floor verandah at 60 Heins Avenue in accordance with the plans submitted with the application, subject to the following conditions: COUNCIL MINUTES JUNE 15, 2009 - 178 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER - (CONT'D) 1. (Cont'd) • That a sample of the proposed cladding materials be approved by Heritage Planning staff; and further, • That the final building permit drawings be reviewed and heritage clearance issued by Heritage Planning staff prior to the issuance of a building permit. 2. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2009-IV-006 be approved to permit the restoration of the King Street entrances on the north elevation of 191-197 King Street West in accordance with the plans submitted with the application. 3. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2009-IV-005, be approved to permit the installation of a new sign and awning on the north elevation of 117-119 King Street West in accordance with the plans submitted with the application, subject to the following condition: • That the final sign design be reviewed and heritage clearance issued by Heritage Planning staff prior to installation of the sign and awning. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2009-IV-004, be approved to permit the installation of a new wood window and a new limestone window sill on the east elevation of the drive shed foundation at 300 Joseph Schoerg Crescent in accordance with the plans submitted with the application. That the draft by-law delegating the power to consent to alternations to property designated under Part IV or Part V of the Ontario Heritage Act to the Coordinator, Cultural Heritage Planning (or designate), attached as Appendix 'A' to Development and Technical Services Department report DTS-09-087, be approved; and, That the criteria for the referral of alteration applications made for property designated under Part V of the Ontario Heritage Act to the City's municipal heritage committee (Heritage Kitchener), attached as Appendix 'B' to report DTS-09-087, be approved; and further, That the list of standard conditions of approval for applications made under Part IV or Part V of the Ontario Heritage Act, attached as Appendix 'C' to report DTS-09-087, be approved. COUNCIL MINUTES JUNE 15, 2009 - 179 - 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. Encroachment Agreement - 93 Stirling Avenue South Council considered Corporate Services Department report CRPS-09-092 (J. Sheryer), dated June 9, 2009. It was resolved: "That subject to obtaining Zoning staff approval including any necessary minor variance, 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 93 Stirling Ave. S. (PIN 22504-0066 LT) to legalize the existing fence, sheds, and landscaping encroachments which encroach approximately 42.84 m2, more or less, onto the Iron Horse Trail, the gravel driveway access encroachment which encroaches for a width of approximately 3.66m, more or less, onto the Iron Horse Trail, and a paved driveway access and parking space which encroaches for a width of approximately 4.27m, more or less, onto the City's road allowance described as PIN 22504-0167 LT." 3. Encroachment Agreement - 77 Ontario Street South Council considered Corporate Services Department report CRPS-09-093 (J. Sheryer), dated June 9, 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 and any mortgagee(s) of the property municipally known as 77 Ontario St. S. (PIN 22427-0062 LT) to legalize three proposed awnings which will encroach approximately 12", more or less, over the Ontario St. S. road allowance." 4. Committee of Adjustment Decisions Dealt with under Delegations. 5. Liquor Licence Review Application - Crabby Joe's - 70 King Street East Council considered Corporate Services Department report CRPS-09-089 (P. Harris), dated June 8, 2009. It was resolved: "That subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below, Council take no action to oppose the application for a liquor license for Crabby Joe's located at 70 King Street East applied for by CJ Kitchener Inc. (herein referred to as the "Applicant"); and further, COUNCIL MINUTES JUNE 15, 2009 - 180 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Liauor Licence Review Application - Crabbv Joe's - 70 Kina Street East - (Cont'd That the Mayor and Clerk be authorized to enter into an agreement with the applicant should they be willing wherein the applicant agrees to abide by the following conditions and to request they be added to their licence if the Alcohol and Gaming Commission of Ontario chooses to issue the licence: 1. to post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; 2. to become an active member of the Kitchener Business Improvement Association's License and Entertainment Committee and attend its meetings; 3. to abide by a set 30% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) in other words alcohol sales will be limited to 30% of gross refreshment sales; 4. to stop serving alcohol by 2:00 a.m. daily; 5. to notify the Clerk of the City of Kitchener in writing of any application to change the license at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the establishment without the consent of the City's Council; 6. to comply with the Noise By-law and the Region of Waterloo Smoking By-law; and, 7. these conditions shall bind all successors, assigns and subsequent licence holders (if any)." 6. Request for Stadium Endorsement -The Gig - 30 Duke Street West Council considered Corporate Services Department report CRPS-09-090 (P. Harris), dated June 8, 2009. It was resolved: "That Council has no objection to a liquor licence being issued to 2190042 Ontario Inc. operating as The Gig, 30 Duke Street West, Unit 107, for a stadium endorsement with fixed tiered seating." 7. Execution of Engineering Agreement - Tagge Crescent Subdivision Council considered Development and Technical Services Department report DTS-09- 080 (B. Korah), dated June 5, 2009. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor for the provision of professional engineering services made between the City of Kitchener and K.J. Behm & Associates Inc., regarding Tagge Crescent Subdivision, Plan 30T-92010." 8. Amendment to Municipal Code Chapter 270 (Parks) Council considered Corporate Services Department report CRPS-09-091 (J. Sheryer), dated June 9, 2009. Councillor B. Vrbanovic advised that an a-mail transmission (R. Gosse) was received dated June 15, 2009, asking that the staff recommendation be revised to provide that the draft by-law be taken as read a first and second time and be recommended for enactment. COUNCIL MINUTES JUNE 15, 2009 - 181 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 8. Amendment to Municipal Code Chapter 270 (Parks) - (Cont'd) It was resolved: "That the draft by-law attached to Corporate Services Department report CRPS-09-091, to amend Chapter 270 (Parks) of The City of Kitchener Municipal Code, be taken as read a first and second time and be recommended for enactment." 9. Centre Block Business Liaison Committee Dealt with under Delegations.