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HomeMy WebLinkAboutCouncil - 2009-10-13COUNCIL MINUTES OCTOBER 13, 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 "0 Canada" by Vanessa Witt, King School of Vocal. On motion by Councillor J. Smola, the minutes of the regular meeting held September 21, 2009 and special meetings held September 21 & October 5, 2009, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Mr. L. Bensason, Interim Manager of Long Range & Policy Planning, attended in support of Clauses 1 and 2 of the Heritage Kitchener report (meeting of September 1, 2009}, dealing with certain properties to be listed on the Municipal Heritage Register as non-designated properties of cultural heritage value or interest; and in support of Clauses 2 and 3 of the Heritage Kitchener report (meeting of October 6, 2009}, dealing with certain properties to be identified as very high cultural heritage value or interest in the Victoria Park Heritage Conservation District for the purpose of enforcement under the Property Standards By-law. At the request of Mr. Bensason, it was agreed to amend Clause 2 of the Heritage Kitchener report (meeting of October 6, 2009), to clarify that reference to "22-38 Courtland Avenue East" should not include 24, 26, 30 and 34 Courtland Avenue East, as these properties are excluded from the Victoria Park Heritage Conservation District. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the report of Heritage Kitchener (meeting of September 1, 2009) be adopted." Carried. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That Clause 2 of the Heritage Kitchener report (meeting of October 6, 2009), as amended to exclude the properties at 24, 26, 30 and 34 Courtland Avenue East, be adopted." Carried. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That Clause 3 of the Heritage Kitchener report (meeting of October 6, 2009), be adopted. Carried. Mayor C. Zehr announced that the City of Kitchener's Thanksgiving Day Parade Float, promoting the 2010 Olympic Torch Relay, was the recipient of the Kitchener-Waterloo Oktoberfest Harvest Award (2nd Place). Mayor Zehr presented the commemorative trophy to Council and congratulated City staff who participated in creation of the float. Ms. Mary Jane Patterson, Waterloo Region Green Solutions (WRGS}, attended in support of Clause 1 of the Finance and Corporate Services Committee report of this date, concerning allocation of funding in 2010 to the organization's Residential Energy Efficiency Project CREEP). Councillor B. Vrbanovic declared a pecuniary interest and abstained from all discussion and voting concerning this matter as he has contracted to have a home inspection completed by Waterloo Region Green Solutions. Council considered this date a memorandum (C. Goodeve), dated October 8, 2009, in which additional information is provided concerning operation of WRGS, together with attached copies of the organization's 2008 Financial Statements and draft 2010 operating budget. COUNCIL MINUTES OCTOBER 13, 2009 - 270 - CITY OF KITCHENER Councillor J. Gazzola requested clarification of funding pertaining to the REEP House and Ms. Patterson advised that in 2008 funding resources were allocated to this project; however, in 2009, on advice of their auditors, the project is now moving forward as a separate project. Councillor Gazzola requested clarification of the decrease in grants for 2010 and was advised that the difference relates to a sizable grant received in 2008 from the Trillium Foundation for organizational development, which has now been completed. Councillor Gazzola requested clarification of funds received by WRGS from Kitchener Utilities, which are over and above the allocation being requested this date. Ms. Patterson advised that Kitchener Utilities contributes to a portion of the cost of the home energy evaluations on behalf of its clients and is not direct funding to WRGS. Mayor Zehr stated that the contribution of Kitchener Utilities is part of the City's promotion of conservation efforts and Ms. Patterson concurred. Mayor Zehr inquired as to contributions being made by other funding partners. Ms. Patterson advised that Waterloo North Hydro contributes $30,000.; Kitchener-Wilmot Hydro $25,000.; and the City of Cambridge $15,000. Moved by Councillor J. Smola Seconded by Councillor K. Galloway "That Clause 1 of the Finance and Corporate Services Committee report of this date be adopted." Councillor J. Gazzola advised that he would not support the motion given the amount of the City's overall contribution; the approval of which he suggested is premature and should not be considered priorto the 2010 budget deliberations. Councillor Smola's motion was then voted on and Carried. It was noted that Messrs. James McPherson and Ron Struys and Ms. Denise Hoekstra, McPherson Centre Limited, had registered to speak to an issue concerning Downtown parking but had since notified the City Clerk that they were unable to attend this date. Mr. David Schlievert, EQ-Environmental Quescense, attended to request that he be re-instated as a vendor at the Kitchener Market. Mr. Schlievert provided explanation of his product of recycled technology, commenting that it is good for the environment by promoting acceptance of recycled materials. He noted that in January 2009 the City introduced increased rental rates, and he and other vendors left the Market as they found it no longer financially feasible. Mr. Schlievert advised that since leaving he developed a plan for a monthly rental that has been denied by staff and asked that Council consider returning him to full vendor privileges. Ms. D. Carrington, Manager, Kitchener Market, advised that the City introduced a new vision in 2009 for the Market that includes new criteria for arts and crafts artisans and on review Mr. Schlievert's product was determined not to be a good venue for the Market. Mr. R. Regier, Executive Director, Economic Development, added that the City has embarked on an aggressive investment program for the Market that includes amulti-purpose use for the upper floor Market and has received a strong list of candidate vendors interested in utilizing the space. Moved by Councillor K. Galloway Seconded by Councillor G. Lorentz "That no action be taken on the request of Mr. David Schlievert, EQ-Environmental Quescense, for vendor reinstatement at the Kitchener Market." Carried. MOTION FOR RECONSIDERATION Councillor B. Vrbanovic gave notice that he would introduce a Motion to Reconsider Council's September 21, 2009 resolution, as listed under New Business on the Council agenda this date, concerning an application for a liquor licence for Gambero, 91 Queen Street South. Councillor Vrbanovic advised that due to an error in process, the applicant was not notified of Council's consideration of staff's recommendation pertaining to this license application, and accordingly, the applicant has not had an opportunity to speak to this matter. He asked that Council COUNCIL MINUTES OCTOBER 13, 2009 - 271- CITY OF KITCHENER support reconsideration to allow the applicant to address concerns raised in respect to one of the conditions of the proposed agreement with the City. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That Council reconsider its decision of September 21, 2009 in which it agreed to take no action to oppose an application for a liquor licence for Gambero, at 91 Queen Street South, Unit 10, subject to the applicant, Radmila Blagovcanin, entering into an agreement with the City to abide by certain conditions." Carried. Council considered this date Corporate Services Department report CRPS-09-138 (P. Harris), dated October 7, 2009, which provides additional information concerning Gambero's liquor licence application and in particular, the City's condition that requires the serving of alcohol to cease at 12:01 a.m. in the first year of operation. Mr. Vladimir Blagovcanin attended on behalf of Radmila Blagovcanin, to request that Condition 4 to the said agreement be changed to allow her business to continue to serve alcohol on weekend evenings until 2:00 a.m. He stated that they are aware of the negative reputation of the location derived from the business of a previous owner and have developed a unique business plan to regain a good reputation. Mr. Blagovcanin suggested that having to stop serving alcohol at midnight in the first year of operation would create financial hardship and requested that they be allowed to continue serving until 2:00 a.m. on weekend evenings to ensure success of their business. Councillor B. Vrbanovic noted that several letters of reference had been received by the City and asked the delegation to comment on their past experience in the service industry. Mr. Blagovcanin advised that Radmila Blagovcanin has previously served alcohol and food at a Chinese restaurant until early 2008, as a part-time employee at the St. George Church Banquet Hall and in their homeland in Serbia. He added that he is `Smart Serve' certified and other family members have been involved in a restaurant 1 delivery service. Councillor Vrbanovic noted that the delegation had asked only for an extension of time forweekend evenings and Mr. Blagovcanin concurred, advising that they did not plan to remain open past 11:00 p.m. on weekday evenings but would like to serve longer on Fridays, Saturdays and Sundays. Councillor Vrbanovic inquired if the delegation had any involvement in the previous business operation and Mr. Blagovcanin advised they did not, adding that the location has been unoccupied for the past year and they only became aware of it in July 2009. Councillor Gazzola inquired if other like businesses in the City have been permitted to remain open until 2:00 a.m. Mr. R. Gosse, City Clerk, advised that all like businesses can remain open until 2:00 a.m. in accordance with Provincial legislation; however, in 2008 a different application was considered by Council in which the applicant had no previous experience owning and operating such business. In light of the lack of experience, Council decided to impose additional restriction on the timeframe for serving alcohol to provide that such service would cease at midnight in the first year of operation. This condition has since been applied to at least one other business that fit the same criteria. Councillor Gazzola inquired that if problems arise as a result of approving the delegation's request, what steps could be taken. Mr. Gosse advised that the business would be subject to a Licensing Tribunal if found to be breaking the law or conducting business in a manner that brings their operational integrity into question. A motion by Councillor B. Vrbanovic, seconded by Councillor C. Weylie, was brought forward for consideration to take no action to oppose an application for a liquor licence for Gambero, at 91 Queen Street South, Unit 10, subject to the applicant, Radmila Blagovcanin, entering into an agreement with the City to abide by the same conditions as outlined in Council's previous resolution of September 21, 2009, save and except Condition 4 which shall be amended to read: `to stop serving alcohol by 12:01 a.m. daily, Monday to Thursday and by 2:00 a.m. daily, Friday to Sunday, in the first year of operation and thereafter to stop serving alcohol by 2:00 a.m. daily'. Mr. Gosse stated that the intent of the original wording of Condition 4 relates to a lack of experience in owning and operating this kind of business so as to provide one year for the business owner to gain such experience. It was Mr. Gosse's opinion that if the owner is allowed to serve until 2:00 a.m. COUNCIL MINUTES OCTOBER 13, 2009 - 272 - CITY OF KITCHENER on weekends in the first year the condition would really make no difference. At the request of Mr. Gosse it was agreed to amend Councillor Vrbanovic's motion to provide that Condition 4 be revised to read: `to stop serving alcohol by 2:00 a.m. daily'. Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie "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 licence for Gambero located at 91 Queen Street South, Unit 10, applied for by Radmila Blagovcanin (herein referred to as the "Applicant"); and further, That the Mayor and Clerk be authorized to enter into an agreement with the applicant should he be willing wherein the applicant agrees to abide by the following conditions and to request they be added to his 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)." Carried. Mr. L. Gordon, Chief Purchasing Officer, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Mr. Gordon circulated this date Financial Services Department report FIN-09-131 (L. Gordon), dated October 13, 2009, requesting Council consider an additional tender, T09-064, to award the Krizsanderson Stormwater Management Facility retrofit. Councillor J. Gazzola raised concerns with respect to Tender T09-088 (Supply and Install Dump Body and Snow and Ice Removal Equipment) and Quotation Q09-072 (Four Wheel Drive Rubber Tired Turf Tractors), questioning if these purchases could be delayed until after July 2010 when the Harmonized Sales Tax (HST) is to take effect. It was noted that at that time the City would become eligible for reimbursement of approximately 78% of the equivalent of PST. Mr. L. Gordon advised that he was unsure of the impact of delaying the purchases; however, it was his understanding the first item (T09- 088} is required for the coming winter season and the second is being recommended in tandem as it was found to be more cost effective if both were purchased at the same time. A motion by Councillor J. Gazzola, seconded by Councillor G. Lorentz, was brought forward for consideration to defer consideration of Tender T09-088 and Quotation Q09-072, listed as Items 1. i) and ii} on the Committee of the Whole agenda this date, to the October 26, 2009 special Council meeting, pending additional information from staff as to the need to make these purchases prior to implementation of the HST as at July 1, 2010. Councillor B. Vrbanovic raised concerns relative to the operational impact of delaying purchase of the snow removal equipment proposed in Tender T09-088, given the impending winter season and asked that this item be dealt with separately. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the recommendation contained in Financial Services Department report FIN-09-127, dealing with awarding of Tender T09-088 (Supply and Install Dump Body and Snow and Ice COUNCIL MINUTES OCTOBER 13, 2009 - 273 - CITY OF KITCHENER Removal Equipment) be deferred to the October 26, 2009 special Council meeting, pending additional information from staff as to the need to make this purchase prior to implementation of the Harmonized Sales Tax (HST} as at July 1, 2010." Motion Lost. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the recommendation contained in Financial Services Department report FIN-09-128, dealing with awarding of Quotation Q09-072 (Four Wheel Drive Rubber Tired Turf Tractors) be deferred to the October 26, 2009 special Council meeting, pending additional information from staff as to the need to make this purchase prior to implementation of the Harmonized Sales Tax (HST) as at July 1, 2010." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That Tender T09-088, Supply and Install Dump Body and Snow and Ice Removal Equipment on Two (2} City owned 29,937 kg (66,000 Ib) G.V.W. Tandem Rear Axle Conventional Cab and Chassis, complete to specification, CKF-325-2009, be awarded to Viking Cives Ltd., Mount Forest, Ontario, at their tendered price of $142,190.16, including G.S.T. & P.S.T." Carried. Councillor B. Vrbanovic asked that notwithstanding the approval of Tender T09-088, staff undertake to confirm the necessity to purchase this equipment now and if found to be feasible, delay the purchase until after implementation of the HST in July 2010. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Expression of Interest E09-077, Consultant Services -Overland Bridge Rehabilitation (Overland Drive and Courtland Avenue), be awarded to MuirTec Inc., Waterloo at their estimated fee of $60,984., including a contingency of $5,280. and G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Chief Purchasing Officer be authorized to execute an agreement satisfactory to the City Solicitor." -and - "That Tender T09-064, Krizsanderson Stormwater Management Facility Retrofit, be awarded to Alcam Excavating LTD., Brampton, Ontario at their tendered price of $735,132.07, including contingencies of $82,500.00 and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Councillor J. Gazzola raised concerns with respect to Quotation Q09-053 (Interior Recycling Systems), listed as Item 1.iii) on the Committee of the Whole agenda this date, questioning the rationale for accepting the highest bid and explanation of the proposed recycling system. Ms. D. Keelan, Manager of Aquatics and Athletics, advised that this project was approved under the Local Environmental Action Fund (LEAF) grant program, and is to reduce the amount of landfill waste generated at City Hall through introduction of a new recycling system that would include green recycling. It was noted that the units proposed are currently used in Markham, are of high quality and come with a 5-year warranty, whereas all other bid warranties were 1 year. COUNCIL MINUTES OCTOBER 13, 2009 - 274 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That Quotation Q09-053, Interior Recycling Systems, be awarded to Midpoint International Inc., Aurora, ON, at their quoted price of $74,156.25, including P.S.T. & G.S.T." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." With regard to Clause 5 of the report, dealing with a request to defer presentation of the next scheduled Mike Wagner Heritage Awards and the Urban Design Awards to October 2011, Council considered this date Development & Technical Services Department report DTS-09-153 (L. Bensason), dated October 8, 2009. The report provides additional information respecting a discussion held with Ms. Pat Wagner and review by Heritage Kitchener of the proposed deferral and plan for future award presentations. Mr. L. Bensason advised that on explanation of the rationale for recommending deferral of the award presentations, Ms. Wagner indicated that she had no concerns or issues with the proposed plan of action. Mr. Bensason noted that Heritage Kitchener did have concerns that the one year delay may place the award program and its funding at risk and have recommended that the next scheduled presentation of the awards in October 2010 proceed. Mr. Bensason pointed out that Heritage Kitchener's recommendation is listed as Clause 4 of the Heritage Kitchener report (meeting of October 6, 2009). The Committee also recommends that the staff review of the presentation structure be undertaken following the 2010 presentations. Mr. Bensason confirmed that staff would still have time to undertake the October 2010 presentations provided the existing structure is used and any significant changes not be made until after the 2010 presentations. Councillor G. Lorentz raised concerns in regard to Heritage Kitchener expressing apprehension that deferral may jeopardize the awards programs and asked Councillor J. Gazzola, Chair of Heritage Kitchener, to convey assurance that this would not be the case. The Development & Technical Services Committee report was then voted on Clause by Clause Clause 4 - 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. Clause 5 -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." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the report of the Finance and Corporate Services Committee be adopted." COUNCIL MINUTES OCTOBER 13, 2009 - 275 - CITY OF KITCHENER Voted on Clause by Clause Clause 1 -Dealt with under Delegations and Carried. Balance of report -Carried. Recorded Pecuniary Interest and Abstention: Clause 1 -Councillor B. Vrbanovic as he has contracted to have a home inspection completed by Waterloo Region Green Solutions. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the report of Heritage Kitchener (meeting of October 6, 2009} be adopted." Voted on Clause by Clause. Clause 2 -Dealt with under Delegations and Carried, as Amended. Clause 3 -Dealt with under Delegations and Carried. Clause 4 -Motion redundant and not considered as the matter was dealt with under Delegations. Balance of report -Carried. Mayor C. Zehr advised that Regional Council has endorsed the preliminary design study for the Georgetown to Kitchener GO Transit rail expansion plan, which will improve inter-city transit between Toronto and the Region of Waterloo. Moved by Councillor G. Lorentz Seconded by Councillor C. Weylie "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a} To confirm all actions and proceedings of the Council. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor J. Smola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by CouncillorJ. Smola Seconded by Councillor G. Lorentz "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. It is noted that Council gave first and second reading to one additional by-law [shown as Item b} below] relative to Item B.4 of the Committee of the Whole agenda, to effect signing authority for Funding Applications and Funding Agreements. COUNCIL MINUTES OCTOBER 13, 2009 - 276 - CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor C. Weylie That the by-laws listed on the agenda for third reading, namely: (a} To confirm all actions and proceedings of the Council. (By-law No. 2009-135} (b} Being a by-law authorizing the execution of funding applications and funding agreements. (By-law No.2009-136} betaken as read a third time, be finally passed and numbered serially by the Clerk. Carried. On motion, the meeting adjourned at 8:07 p.m. MAYOR CLERK COUNCIL MINUTES OCTOBER 13, 2009 - 277 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That the "No Stopping 8:OOam - 4:30pm" area be extended on the south side of Shea Crescent from a point 130 metres north of Laurentian Drive to a point 75 metres west thereof; and, That the "No Stopping Anytime" area be extended on the north side of Shea Crescent from a point 125 metres north of Laurentian Drive to a point 16 metres west thereof; and further, That the Uniform Traffic By-law be amended accordingly. 2. That the "No Parking Anytime" area on the east side of Dinison Crescent be extended from Williamsburg Road to Ristau Crescent; and further, That the Uniform Traffic By-law be amended accordingly. 3. That the recommendations of the 2008 Annual Audit Report -Master Stormwater Management Policy, prepared by AECOM Canada Ltd., be approved; and, That the updated Stormwater Management Policy Implementation Procedure for Development be approved; and further, That staff be directed to prepare a budget issue paper for a stormwater management 10-year capital program which reflects the recommendations of the 2008 Annual Audit Report -Master Stormwater Management Policy, for consideration during 2010 budget deliberations. 4. That the findings of the Kitchener-Waterloo Stormwater Management Program and Funding Review: Stormwater Funding Analysis, dated October 2008, be received for information; and, That staff be directed to report on this matter to Council on or before May 1, 2010 seeking further direction on the adoption of a specific stormwater rate approach at that time; and further, That staff be directed to include the Stormwater Utility Implementation Project in the 2010 capital budget for the amount of $80,000. (Carried, on a recorded vote) 5. That the presentation of the next scheduled Mike Uvagner Heritage Awards and the Urban Design Awards be deferred to October 2011; and, That Planning staff review the Mike Uvagner Heritage Award and Urban Design Award programs to determine if a change in presentation andlor award venue is merited; and further, That Planning staff review the Mike Wagner Heritage Award and Urban Design Award criteria and processes to better reflect current urban design trends and city initiated urban design policies. (Carried, as Amended) COMMUNITY SERVICES COMMITTEE - 1. That the Mayor and Clerk be authorized to execute a Stunt Performance Agreement with the Waterloo Regional Children's Museum, The Grand River Film Festival and with any other parties City Legal Counsel deems advisable, said Stunt Performance Agreement to be subject to the satisfaction of the City Solicitor. COUNCIL MINUTES OCTOBER 13, 2009 - 278 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 2. That approval be given for the commission and installation of artwork titled "In Time" by Jefferson Campbell-Cooper at the Country Hills Community Library; and further, That the Mayor and City Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with Jefferson Campbell-Cooper regarding the obligations of the library public art commission. 3. That the Mayor and Clerk be authorized to execute and extend/renew the Maintenance Agreement, subject to the satisfaction of the City Solicitor, with the Regional Municipality of Uaterloo for the maintenance of Regional Roads within the municipal limits, as outlined in Community Services Department report CSD-09-054. FINANCE & CORPORATE SERVICES COMMITTEE - 1. That subject to consideration during the 2010 budget deliberations, $25,000. be allocated to the waterloo Region Green Solutions, Residential Energy Efficiency Project CREEP}, as part of the Environmental Committee's 2010 operating budget. (Dealt with under Delegations and Carried) 2. That the Mayor and Clerk be authorized to execute an amending agreement with 1614310 Ontario Inc. to extend consulting services on the Corporate Financial and Infrastructure Management System (Delta) Project from January 1, 2010 to March 12, 2010 at an estimated cost of $37,485 plus GST; said agreement to be satisfactory to the City Solicitor. 3. That the lands located on Fergus Avenue, in the City of Kitchener, owned by the Corporation of the City of Kitchener, described as Part of Farm Lot, Registered Plan 589 & Part of 1 foot reserve `A', Part of Lot 196, Streets & Lanes, Registered Plan 687, more particularly described as Parts 1-5 on Plan 58R-16463, being Part of Solon Avenue, an untravelled closed road allowance, be declared surplus to the City's needs for the purposes of conveying an easement to Rogers over Parts 2 and 4 of Plan 58R-16463, and the possible future conveyance of Parts 1 - 5 on Plan 58R-16463; and, That all costs associated with the closing and conveyance of that portion of Solon Avenue are to be deducted from any future sale proceeds of said lands; and further, That the Mayor and Clerk be authorized to execute any documentation in this regard required by and to the satisfaction of the City Solicitor. 4. That the following recommendation contained in Corporate Services Department report CRPS- 09-123 (Terms of Reference -Nominating Committee), be deferred for further consideration to the October 26, 2009 Finance and Corporate Services Committee meeting, pending dialogue with various organizations to determine their interest in representation on the Nominating Committee: "That the Terms of Reference for the Nominating Committee, as attached to Corporate Services Department report CRPS-09-123, be approved." 5. That the service agreement with Local Authority Services Ltd. to provide closed meeting investigations pursuant to Section 239.1 of the Municipal Act, 2001, as amended, be terminated effective December 31, 2009. 6. That cone-time Permanent Vendor licence fee continue to be charged to new business owners (both commercial and home businesses), in the amount as annually approved by Council. COUNCIL MINUTES OCTOBER 13, 2009 - 279 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE & CORPORATE SERVICES COMMITTEE - (CONT'D) 7. That the following measures be adopted to accelerate the implementation of Infrastructure Stimulus Fund projects: • the extension of Purchase Order Number 200387 for Architect Consulting Services provided by Giffels Associates Limited / IBI Group in the amount of $222,961.66, including disbursements and GST, related to the Consolidated Maintenance Facility Improvements project; the extension of Purchase Order Number 200572 for Mechanical and Electrical Consulting Services provided by Morrison Hershfield Limited in the amount of $470,452.50, including disbursements and GST, related to the Consolidated Maintenance Facility Improvements project; • the extension of Purchase Order Number 200459 for LEED Consultant Services provided by Morrison Hershfield Limited in the amount of $92,635.66, including disbursements and GST, related to the Consolidated Maintenance Facility Improvements project; • the extension of Purchase Order Number 200840 for Consulting Services provided by The Walter Fedy Partnership in the amount of $223,174.88, including disbursements and GST, related to the McLennan Park Infrastructure Improvement project; • the Mayor and Clerk be authorized to execute a 'cost plus' agreement with Ball Construction for the completion of the design and construction of Sportsworld Arena improvements to an upset limit of $900,000; said agreement to be to the satisfaction of the City Solicitor; and, That the following measure be adopted to accelerate the implementation of the Community Adjustment Fund project: • the King Street Reconstruction Project be delivered by general contractors and consultants under existing construction contracts and consulting contracts through a standard change order process as per purchasing guidelines; and further, That the following measure be adopted to accelerate the implementation of any project for which funding is approved through the Infrastructure Stimulus Fund, the Recreational Infrastructure Canada Fund and the Community Adjustment Fund: • the Mayor and Clerk be authorized to execute any amendments to Agreements pertaining to Projects for which funding is approved through the Infrastructure Stimulus Fund, the Recreational Infrastructure Canada Fund and the Community Adjustment Fund, if necessary, and provided said amendments are satisfactory to the City Solicitor. HERITAGE KITCHENER - (Meeting of September 1, 2009) 1. 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-09-129: • 22-26 Charles Street West; • 15-29 Duke Street East; • 10 Duke Street West; • 156 Duke Street West; • 1255-1291 Fischer Hallman Road; • 1940 Fischer Hallman Road; • 1683 Huron Road; and • 12 Wellington Street North. (Dealt with under Delegations and Carried) COUNCIL MINUTES OCTOBER 13, 2009 - 280 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER - (Meeting of September 1, 2009) (Cont'd) 2. That pursuant to Section 27 of the Ontario Heritage Act, 468 Trussler Road, be listed on the Municipal Heritage Register as anon-designated property of cultural heritage value or interest, subject to Heritage Planning staff revising the Statement of Significance as discussed at the September 1, 2009 Heritage Kitchener meeting. (Dealt with under Delegations and Carried) HERITAGE KITCHENER - (Meeting of October 6, 2009) 1. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2009-IV-011 (300 Joseph Schoerg Crescent), be approved to permit the planting and relocation of trees in accordance with the plan and photographs submitted with the application, as attached to Development and Technical Services report DTS-09-141. 2. That the following properties be identified as properties of very high cultural heritage value or interest within the Victoria Park Heritage Conservation District, for the purpose of enforcement under the Property Standards By-law: • 54 Benton Street (St. Matthew's Lutheran Church); • 90 Benton Street (Benton Street Baptist Church); • 11 Courtland Avenue East; • 22, 28, 32, 36, 38 Courtland Avenue East (Nelson's Terrace); • 25 Courtland Avenue East; • 101 David Street; • 107 David Street; • 125 David Street; • 133 David Street; • 71 Heins Avenue; • 15-17 Hilda Place; • 5 Michael Street (Charles A. Ahrens Shoe Company); • 1 Oak Street; • 4 Park Street; • 8 Park Street; • 54 Park Street; • 103 Queen Street South; • 137 Queen Street South (St. Paul's Evangelical Lutheran Church); • 149 Queen Street South; • 189 Queen Street South; • 226 Queen Street South; • 251 Queen Street South; • 279 Queen Street South; • 379 Queen Street South (Buena Vista); • 464-466 Queen Street South (Joseph Schneider Haus); • 33 Roland Street; • 37 Roland Street; • 93 Water Street South; • 109 Water Street South; and, • 113 Water Street South. (Dealt with under Delegations and Carried, as Amended) 3. That 15 Joseph Street (Bullas Glass Co.) be identified as a property of very high cultural heritage value or interest within the Victoria Park Heritage Conservation District, for the purpose of enforcement under the Property Standards By-law. (Dealt with under Delegations and Carried) COUNCIL MINUTES OCTOBER 13, 2009 - 281- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER - (Meeting of October 6, 2009) (Cont'd) 4. That notwithstanding the recommendation contained in Development and Technical Services Department report DTS-09-144 proposing the deferral of the Mike Wagner Heritage Awards and the Urban Design Awards to October 2011, the presentation of the Mike Wagner Heritage Awards should proceed as originally scheduled in 2010; and further, That Planning staff undertake a review of the Mike Wagner Heritage Awards, to include consideration of award categories and evaluation criteria, following the presentation of the awards in 2010. (Motion redundant and not considered as the matter was dealt with under Delegations) COUNCIL MINUTES OCTOBER 13, 2009 - 282 - 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 betaken as read a second time and be recommended for enactment." B. ADMINISTRATIVE REPORTS - 1. Various Tenders Dealt with under Delegations. 2. Tag Day Request -Royal Sea Cadets WARSPITE Council considered correspondence from Ms. Lorraine Dittmer, Tag Day Co-ordinator, K-W Navy League, dated September 21, 2009, requesting permission to conduct Tag Days on December 11-13, 2009. It was resolved: "That the request of the Royal Canadian Sea Cadets #94 WARSPITE to conduct Tag Days on the evening of December 11 and all day December 12 and 13, 2009, at various business entrances, as outlined in correspondence from L. Dittmer, dated September 21, 2009, be granted." 3. Land Exchange - 23 Howe Drive Council considered Corporate Services Department report CRPS-09-136 (F. McCrea), dated October 7, 2009. It was resolved: "That the Mayor and Clerk be authorized to execute a Land Exchange Agreement with Habitat for Humanity Waterloo Region Inc., to convey the parcel of land abutting the southerly and southeasterly boundaries of the lands known as 23 Howe Drive and described as Blocks V and W and Part Block U, Registered Plan 1240 in exchange for the parcel of land abutting the northwesterly boundary of 23 Howe Drive and the Conestoga Parkway and described as Part Lot 48, GCT and Part Lot K, Registered Plan 784, as set out in Report No. CRPS-09-136, each parcel containing approximately 0.1210 hectares, on such terms and conditions as are satisfactory to the City Solicitor; and further, That the parcel of land described as Blocks V and W and Part Block U, Registered Plan 1240 be declared surplus to the City's needs." 4. Authorization to Execute Funding Applications and Funding Agreements Council considered Corporate Services Department report CRPS-09-137 (L. MacDonald), dated October 8, 2009. It was resolved: "That a By-law to authorize the Mayor and Clerk, the Chief Administrative Officer or a General Manager to execute any Funding Applications submitted on behalf of the City of Kitchener and to execute any Funding Agreements satisfactory to the City Solicitor, provided that in the case of a Funding Agreements where the City is expected to contribute a portion of the cost for the project, said projects must have been approved by Council before said Agreement is executed, and to authorize the City Clerk to confirm said authorization as required, be given first and second reading and be recommended for enactment." COUNCIL MINUTES OCTOBER 13, 2009 - 283 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Authorization to Execute Documentation Relating to the Implementation of the Solar Roof Project at the Consolidated Maintenance Facility (CMF) Council considered this date Corporate Services Department report CRPS-09-139 (C. Fletcher), dated October 8, 2009. It was resolved: "That the Mayor and Clerk, the Chief Administrative Officer or a General Manager be authorized to execute any documentation relating to the implementation of the solar roof project at the Consolidated Maintenance Facility; said documentation to be to the satisfaction of the City Solicitor."