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HomeMy WebLinkAboutCouncil - 2009-12-14COUNCIL MINUTES DECEMBER 14, 2009 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillor B. Vrbanovic. The meeting began with the singing of "O Canada" by Michelle Duschesne, King School of Vocal. On motion by Councillor C. Weylie, the minutes of the regular meeting held November 23, 2009 and special meetings held November 23 & December 7, 2009, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED DIRECTLY TO FILE - (a) Letter dated November 30, 2009 from Hon. James Moore, Minister of Canadian Heritage - acknowledging receipt of Council's resolution concerning the Canadian Broadcasting system and local programming. 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 G. Lorentz Seconded by Councillor J. Gazzola "That Proposal P09-073, Playground Construction -McLennan Park Accessible Playground, be awarded to Recreation Playsystems - RTS Companies Inc., St. Clements, Ontario, at their proposed price of $250,000., including GST & PST." - and - "That Tender T09-095, Preventive Maintenance / De-Liming Water Heaters, be awarded to Afterglow Ltd., Waterloo, Ontario, at their tendered price of $294,787.50, including G.S.T., with an option to renew for two (2) additional one-year periods." - and - "That Tender T09-086, Hydrovac Excavating Services, be awarded to Super Sucker Hydro Vac Service Inc., Ancaster, Ontario at their tendered price of $115,500., including G.S.T., with an option to renew for four (4) additional one-year periods." Carried. Ms. Lynn MacAulay, Initiatives Co-ordinator, Homelessness & Housing Umbrella Group (HHUG), presented the Group's 2009 Report Card on how the community has addressed housing stability in 2008 compared to 2007. HHUG is anon-partisan group committed to preventing and reducing homelessness in the Region of Waterloo. Ms. MacAulay advised that the theme of the 2009 Report Card is rental housing affordability. Housing stability requires adequate housing that is safe, accessible and maintained; an adequate income to afford fixed rental rates and associated housing expenses; and adequate access to additional supports to increase opportunity for independent living. It was noted that grading improved overall from 2007 to 2008 to a B- average, wherein, the affordability gap was narrowed. Ms. MacAulay advised that Regional Council was successful in meeting their goal to add 1,500 new affordable housing units at end of 2008 but notwithstanding housing remains unaffordable for many due to several years of reduced or static funding. She advised that the Region's new Affordable Housing Strategy targets establishment of 500 new units, of which 40% is geared to the lowest income households, as well as creation of 100 affordable housing units with support. Ms. MacAulay pointed out that the private sector rental housing market is not keeping pace, having added only 15 units between 2006 and 2008, whereas an estimated 1,700 units is needed. Vacancy rates have also declined significantly from 3.3% in 2006 to 1.8% in 2008 which is far below the 3% considered to be healthy. The need for housing stability was emphasized through research which demonstrates the financial impact of institutional and emergency responses to homelessness. Ms. MacAulay stated that the City can assist by encouraging a change in attitudes through use of people first language to eliminate negative connotation toward those experiencing homelessness; support local opportunities COUNCIL MINUTES DECEMBER 14, 2009 - 338 - CITY OF KITCHENER to enhance housing stability; and advocate for a responsive, co-ordinated approach from all levels of government. In response to questions, Ms. MacAulay agreed to provide grading comparisons with the Cities of Waterloo and Cambridge. She also provided further explanation of affordable housing usage, noting that approximately 75% of persons who experience need for affordable housing will do so only once in their life within a 5 year period; while 15% will be in and out of affordable housing in the same timeframe; and 10% will experience persistent homelessness. She added that some will remain at risk or precariously housed but will not re-enter affordable housing units; while others will connect to resources that enable them to achieve independent living. Councillor J. Gazzola questioned how the City of Kitchener could help in achieving a higher grade average. Ms. MacAulay advised that the wait list for affordable housing continues to be a challenge and there is no clear solution to address the needs of those with personal issues that have not been diagnosed as a mental health issue and which hinder their ability to maintain tenancy. Mayor C. Zehr requested clarification of the 1.8% vacancy rate and Ms. MacAulay advised that this figure is derived from a Canada Mortgage and Housing Corporation survey, and includes all rental housing units, except for student housing. Mayor C. Zehr advised that a number of delegations were in attendance this date to speak to the issue of timing for the Victoria Park lake remediation capital project. Mr. G. Murphy, Director of Engineering, provided an update in respect to discussions held with members of the Victoria Park Lake Working Group. He advised that plans for the lake remediation were reviewed in detail with the Group to answer their questions and a written response was also provided to them. Mr. Murphy stated that the main issue appears to revolve around the expectation of scheduling outlined in the Environmental Assessment (EA) which identifies this project as a priority to move ahead in 2009-2010. Mr. Murphy pointed out that the City has many budgetary priorities within its 10 Year Capital Forecast and adding this project in 2010-2011 would be extremely difficult in light of the challenging budget cycle for those years and the costs associated with this project. He advised that the total cost estimate for the project is $16M of which 10% ($1.6M) will come from Development Charges as a small portion of the project is related to growth. He advised that significant cuts will have to be made elsewhere in the Capital Forecast if the timeline for this project is moved ahead and could have significant impact to the City's Accelerated Infrastructure Program as well as other projects, such as erosion control along the Grand River. Mr. Murphy stated that the Working Group is concerned that by not including the Victoria Park Lake remediation in 2010 the City is taking a do nothing approach. Mr. Murphy assured that this is not the case as the project is identified within the 10 Year Capital Forecast, albeit later in the forecast than desired by the Group. Mayor Zehr requested clarification of the order in which the work is to proceed. Mr. Murphy advised that from a practical standpoint the upstream work should proceed first; however, he noted that the public is concerned with the aesthetics and quality of the lake water. He suggested that staff could look at dredging the lake at an earlier stage; however, there is concern that doing so without completing the upstream work would negate any benefit in the long term. Mr. Murphy advised that an issue paper is to be brought forward for Council's consideration in January 2010 to aid in deciding how this project will proceed. Mayor C. Zehr also advised that this had been one of the projects listed as a priority for Federal / Provincial stimulus funding; however, it was ultimately not chosen for funding under the stimulus program. Members of the Victoria Park Lake Working Group, including Rych Mills, Bob Sharpe, Sue Coulter and Sherrie Grise, together with Marilyn McCarl, resident, expressed disappointment in the proposed timing of the Victoria Park Lake remediation project, raising the following concerns: • the disconnect between expectation of the EA and reality of the timing of the project as proposed; • adverse impact of poor water quality to the growing population surrounding the Park; to cultural events and festivities held in the Park; and to the natural habitats within the Park; COUNCIL MINUTES DECEMBER 14, 2009 - 339 - CITY OF KITCHENER • as a key component, the potential for the momentum of downtown revitalization to be undermined and the dollars already invested in Park improvements to be wasted; • potential health issues related to avian botulism resulting from high sediment and poor water quality; and, • the impact to surrounding properties of overflows resulting from storm activities and blockages from sediment debris. The delegations maintained that there is strong community support for this project to be designated as a high priority, asking that a plan be developed for implementation of the full recommendations of the EA as part of the 2010 budget planning process and that the project be given high priority status with an earlier start time. Ms. McCarl also noted that she had started a petition which has already garnered over 200 signatures and continues to grow, demonstrating the importance of this project to the community. Mayor C. Zehr advised the delegations that a report will be considered at a public meeting on the budget to be held January 11, 2010 and subsequently, a decision will be made as part of the final budget deliberations on January 18, 2010. He added that Council has indicated to staff that they are not satisfied with the proposed timing of this project and have given direction to staff to provide options for bringing this project forward in the Capital Forecast. Councillor C. Weylie commented that Councillor Vrbanovic had also indicated that he would investigate the potential to secure grant funding from the Federation of Canadian Municipalities for this project. She asked that the report outline a plan in respect to implementation of the EA recommendations and include information on the potential to secure grant monies from other funding sources. 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 Clause 4 of the report dealing with a request that he and Councillor Vrbanovic contact senior government officials to seek resolution to outstanding issues related to the City's Infrastructure Stimulus projects. Mayor Zehr advised that he had since had occasion to speak with John Milloy, MPP, and had been advised by a-mail this date that an answer concerning these matters should be received by the City in early January 2010. The Development & Technical Services Committee report was then voted on and Carried. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That the report of the Community Services Committee be adopted." Councillor G. Lorentz advised that Council was in receipt of Financial Statements (year ended April 30, 2009) for Kitchener Minor Hockey (KMH), relative to Clause 2 of the report dealing with fees and charges to be applied to KMH for use of City facilities. The Community Services Committee report was then voted on and Carried. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the report of Heritage Kitchener be adopted." Carried. Council considered Community Services Department report CSD-09-075 (D. Chapman), dated December 9, 2009, as listed under Unfinished Business on the Council agenda, concerning a request to further defer consideration of a 2010 Tier 1 grant to the Rotary Club of Kitchener Grand River, pending further consultation with the Club. COUNCIL MINUTES DECEMBER 14, 2009 - 340 - CITY OF KITCHENER Moved by Councillor K. Galloway Seconded by Councillor C. Weylie That the request of the Rotary Club of Kitchener Grand River fora 2010 Tier 1 Grant for in-kind services in the amount of $7,021. for the "Mudpuppy Chase", be referred to the January 11, 2010 Community Services Committee meeting pending a report from staff on the appropriate means of funding their request. Carried. Councillor G. Lorentz raised concerns with the Region of Waterloo's "Smart About Salt" promotional campaign. In particular, he suggested that the content which encourages residents to confront other residents if they think they are using too much salt is inappropriate. He also questioned the issue of liability to the City in decreasing salt usage, given its responsibility to ensure City sidewalks and crosswalks are cleared of ice and snow. Mayor C. Zehr agreed to follow-up with Regional staff in regard to the concerns raised; adding that he has also asked the Director of Operations to investigate a pilot program undertaken by the City of Guelph which offers free containers of mixed salt and sand to residents for pick-up at their Works Yard. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (d) Being a by-law to amend Chapter 380 of the City of Kitchener Municipal Code with respect to Tariff of Fees -Planning Matters. (e) 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 C. Weylie as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor C. Weylie 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 J. Smola Seconded by Councillor G. Lorentz "That the by-laws be given third reading, namely: COUNCIL MINUTES DECEMBER 14, 2009 - 341 - CITY OF KITCHENER (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2009-167) (b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law No. 2009-168) (c) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (By-law No. 2009-169) (d) Being a by-law to amend Chapter 380 of the City of Kitchener Municipal Code with respect to Tariff of Fees -Planning Matters. (By-law No. 2009-170) (e) To confirm all actions and proceedings of the Council. (By-law No. 2009-171) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 8:30 p.m. MAYOR CLERK COUNCIL MINUTES DECEMBER 14, 2009 - 342 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That the Mayor and Clerk be authorized to execute an agreement with the Corporation of the Township of Woolwich to provide fire dispatch service to Woolwich for a term of two years commencing January 1, 2010, subject to the satisfaction of the City Solicitor. 2. That the extension of the original purchase order to McCormick Rankin Corporation in the amount of $13,029.40 (includes GST) to cover additional design and construction services related to the Water and Francis Streets reconstruction project, be approved. 3. That the property located at 28 Waterloo Street be partially exempted from Chapter 842 of the City of Kitchener Municipal Code (Hedges) as set out in Corporate Services Department report CRPS-09-151. 4. That the Mayor and Chair of the Finance & Corporate Services Committee be directed to contact local Members of Parliament (MPs), local Members of the Provincial Legislature (MPPs), and relevant Provincial and Federal Ministers, to seek resolution of the following issues related to the City's infrastructure stimulus projects: • Aquatic Facilities Upgrades -Confirmation of RInC project approval; • Solar Roof on Consolidated Maintenance Facility -Timeline for consideration of conditional OPA contract; and, • Sportsworld Arena Capital Improvements -Confirmation of support for `Cost -plus' approach to construction. 5. That the normal procedure be waived for the selection of Engineering Consultants and MTE Consultants be retained as the Engineering Consultant to undertake the detailed design, contract administration and inspection for the two culverts located at Robert Ferrie Drive and Forest Creek Road, within the Doon Creek Subdivision (30T-04204); and, That the Mayor and Clerk be authorized to execute an Engineering Agreement for the provision of professional engineering services with MTE Consultants at a total cost of $68,500. excluding applicable taxes for completion of the two culverts project upon receipt of the necessary funds from LVH Developments (DC) Inc. who are providing front-end financing for this project in exchange for development charge credits; and further, That the Mayor and Clerk be authorized to execute a Development Charges Credit Agreement with LVH Developments (DC) Inc. payment of the costs of the consultant fees and the construction of the two culverts project. COMMUNITY SERVICES COMMITTEE - 1. That the Mayor and Clerk be authorized to execute an authorization and direction to accept the transferral of Lot 4, RC Plan No 1522 as part of the City's parkland dedication requirement pursuant to Condition No. 3 of the Ontario Municipal Board Order dated November 24, 2008. 2. That for the time period September 1, 2009 to December 31, 2009, Kitchener Minor Hockey be rebated for the dollar value of the rate differential between the Council approved fees and charges rates of $188 per hour for multi-pad facility and $168 per hour for single pad facility to the reduced rate of $183.50 and $162.75, respectively; and, That the prime ice rates for affiliated sport groups for January 1, 2010 to August 31, 2010 be set at $183.50 per hour for amulti-pad facility and $162.75 per hour for a single pad facility, and further; That the 2010 prime ice rates for affiliated sport groups for the period September 1, 2010 to August 31, 2011 be set at $189 per hour for amulti-pad facility and $167.50 per hour for a single pad facility. COUNCIL MINUTES DECEMBER 14, 2009 - 343 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 3. That the Older Adult Strategy Final Report, as attached to Community Services Department report CSD-09-053, be received; and, That a final decision regarding the potential closing of Rockway Senior Centre be deferred until the Community Services Committee meeting scheduled for March 8, 2010, to allow further dialogue with the stakeholders; and, That staff provide Council with detailed information regarding the impact on the 2010 budget of the potential closing of Rockway Senior Centre by January 18, 2010; and further, That in the interim, a group of citizens and staff be appointed to consult with the older adult population to advise on the transition of programs from Rockway Senior Centre to alternate locations, and consider the issue of a `gathering place'. HERITAGE KITCHENER COMMITTEE - 1. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2009-V-014 (179 Queen Street South), be approved to permit the demolition of a 1 '/ storey frame house in accordance with the materials submitted with the application and subject to the following conditions: That photo documentation of the house be undertaken in accordance with the City's Photo Documentation and Recording Guidelines, and submitted to Heritage Planning staff prior to issuance of a building permit; and further, ii. That Heritage Planning staff be present during the demolition so that any additional information revealed at the time of demolition can be properly documented. COUNCIL MINUTES DECEMBER 14, 2009 - 344 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. ADMINISTRATIVE REPORTS - 1. Various Tenders Dealt with under Delegations. 2. Hanson Avenue Extension -Purchase Order Extension Council considered Development & Technical Services Department report DTS-09-180 (G. Murphy), dated December 7, 2009. At the request of Councillor K. Galloway, staff agreed to ensure renaming of this project to the Lennox Lewis Way Extension in keeping with the renaming of that portion of Hanson Avenue. Councillor K. Galloway requested explanation of the impact of the delay in this project relative to the extension of Block Line Road. Mr. G. Murphy, Director of Engineering, advised that contingencies are included in all project cost estimates and due to delays in the start of this project, there is a cost overrun; however, he stated that the impact is insignificant to the Block Line Road extension as it is only a small part of the overall project. Mr. Murphy agreed to provide Councillor Galloway with additional information related to the total cost of the Block Line Road extension and the length of the road to be extended. Councillor J. Gazzola requested explanation of the cost overrun. Mr. G. Murphy advised that the tender was awarded in late June and it took some time to organize all aspects of the construction work which began in late August /early September. The delay resulted in construction starting at the beginning of the new school term for St. Mary's High School, requiring installation of an additional access route and maintenance of the access during the winter months. Mr. Murphy acknowledged that it would have been best to take advantage of the summer months; however, he advised that at the time the tender was awarded Engineering Services was short staffed, resulting in scheduling issues. In addition, increased contractor requirements necessitated an increase in scope of the project. Councillor Gazzola inquired if staff is negotiating the cost of the increase in scope due to contractor requirements. Mr. Murphy advised that staff have reviewed all cost overruns on several occasions with the contractor to ensure costs are appropriate and costs have been reduced from the contractor's initial submission. Mr. Murphy maintained that the amounts recommended this date represent reasonable, legitimate costs and should be approved for payment. It was resolved: "That the extension of the original purchase order to Bel Air Excavating and Grading Ltd. in the amount of $207,364.22 to cover additional construction costs related to the Lennox Lewis Way extension construction project (formerly Hanson Avenue), be approved; and further, That the extension of the original purchase order to The Walter Fedy Partnership in the amount of $17,159.36 to cover additional contract administration costs related to the Lennox Lewis Way extension construction project (formerly Hanson Avenue), be approved." COUNCIL MINUTES DECEMBER 14, 2009 - 345 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 3. Liquor Licence Review Application -Rum Runner Pub - 1 King Street West Council considered Corporate Services Department report CRPS-09-152 (P. Harris), dated November 30, 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 Rum Runner Pub located at 1 King Street West applied for by Rum Runner Pub Inc. (herein referred to as the "Applicant"); and further, 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 50% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries), in other words alcohol sales will be limited to 50% 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)." 4. Revised 2010 Council & Standing Committee Schedule Council considered Corporate Services Department report CRPS-09-153 (R. Gosse), dated December 8, 2009. It was resolved: "That Option 2, attached to Corporate Services Department Report CRPS-09-153 dated December 8, 2009, be approved as the revised 2010 schedule of Council and Standing Committee meetings." COUNCIL MINUTES DECEMBER 14, 2009 - 346 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. FIN-09-137 -Applications for Cancellation, Refund, Reduction or Levy of Taxes Council considered Financial Services Department report FIN-09-137 (J. Evans), dated December 8, 2009. It was resolved: "That the applications to City Council for cancellation, reduction, refund or levy of taxes totaling $243,457.86 as attached to Financial Services Department report FIN-09-137, be approved, pursuant to Section 357 of the Municipal Act." 6. Declaration of Surplus Lands -Conveyance of Easements and Transfers - University of Waterloo -Health Sciences Campus Council considered Corporate Services Department report CRPS-09-155 (L. MacDonald), dated December 10, 2009. Ms. L. MacDonald, City Solicitor, circulated additional information this date, together with copies of associated reference plans, concerning the conveyance of surplus lands to the University of Waterloo. Ms. MacDonald provided further clarification of the parcels to be conveyed, noting that these lands were originally donated to the City for $1. under condition that they not be sold for profit but rather used for an appropriate public use. The following motion was Carried, on a recorded vote, with Mayor C. Zehr and Councillors G. Lorentz, J. Smola, K. Galloway and C. Weylie voting in favour, and Councillor J. Gazzola voting in opposition. Councillor B. Vrbanovic was not in attendance this date and accordingly did not vote. It was resolved: "That the City of Kitchener hereby declare the lands located at the intersection of King Street W. and Victoria Street South, in the City of Kitchener described as Part of Lots A, B, 1-3, 7-12, Plan 420, and Part of Park Lot 448, Plan 375, being Parts 1 & 2, Plan 58R- 16455 surplus to the City's needs for the purposes of conveying the required easements to K-W Hydro and The Regional Municipality of Waterloo and the subsequent conveyance of the lands to The University of Waterloo for the Health Science Campus and road widenings to The Regional Municipality of Waterloo; and further, That the Mayor and Clerk be authorized to execute the necessary documentation to effect these transactions, said documentation to be to the satisfaction of the City Solicitor." 7. Appointment To Fill Vacancy -Kitchener Housing Inc. Council considered Corporate Services Department report CRPS-09-154 (R. Gosse), dated December 9, 2009. It was resolved: "That Mr. David Heintz be appointed to the Kitchener Housing Inc. Board of Directors for a three year term ending November 30, 2012." COUNCIL MINUTES DECEMBER 14, 2009 - 347 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 8. Agreement of Purchase and Sale -Centre Block Council considered this date a request from L. MacDonald, City Solicitor, to authorize the execution of an amendment to the Agreement of Purchase and Sale to adjust the timing of the execution of the Development Agreement for the Centre Block project. It was resolved: "That the Mayor and Clerk be authorized to execute an amendment to the Agreement of Purchase and Sale with Andrin Investments Limited to adjust the timing of the execution of the Development Agreement to January 20, 2010 provided that the start date for the timing in the Purchase Agreement and the Development Agreement to transact the property and commence construction of the various Phases of the Project shall remain at November 30t" notwithstanding the Development Agreement may not be executed until January, 2010; said amendment to be satisfactory to the City Solicitor."