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HomeMy WebLinkAboutCouncil - 2010-10-04COUNCIL MINUTES OCTOBER 4, 2010 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 Taylor Jaztrab, King School of Vocal. On motion by Councillor C. Weylie, the minutes of the regular meeting held September 20, 2010 and special meetings held September 20 & 27, 2010, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Ms. Ita Magid, Supervisor of Benefit Development, announced that the City of Kitchener is the recipient of a Gold Award under the Waterloo Region's Healthy Workplace Awards Program which recognizes workplaces in the Region who demonstrate a strong commitment to improving the health of their employees. An awards ceremony will be held on October 7, 2010 at the Region of Waterloo Public Health Office. Ms. C. Ladd, CAO, advised that Ms. Magid originally submitted the City's application under the Bronze category; however, Ms. Magid was subsequently contacted by Regional representatives for the program who expressed the opinion the application qualified for a Gold award. Ms. Ladd thanked Ms. Magid for her dedication in development of programs to promote health and wellness within the organization. Ms. K. Durst, Friends of the Foundation, K-W Community Foundation, announced the 3rd annual Random Act of Kindness Day to be held November 12, 2010. The day is to celebrate random acts of kindness to facilitate community building and to encourage recipients of an act of kindness to pay it forward to other community members. Ms. Durst commented that this special day has become a National event and encouraged Council and City staff to participate by distributing Random Acts of Kindness cards which have been provided to Mayor C. Zehr. Mayor C. Zehr advised that Mr. David Schlievert, Environmental Quescense, was in attendance to again request re-instatement as a market vendor at the Kitchener Market. Mayor Zehr advised that Council previously dealt with this matter on October 13, 2009 at which time a resolution was passed to take no action on Mr. Schlievert's request. Mayor Zehr advised Mr. Schlievert and members of Council that prior to hearing the delegation this date a Motion to Reconsider must be passed by a 2/3 vote of Council members present. A Motion to Reconsider was not forthcoming and Mayor Zehr advised Mr. Schlievert that, having failed to obtain a Motion to Reconsider, the matter remains closed pursuant to Council's resolution of October 13, 2009. Council then considered Chief Administrator's Office report CAO-10-035 (C. Bluhm), dated October 4, 2010 requesting waiving of enforcement of restrictive covenants applied to 290 King Street East as it pertains to Unit 102, part of the main level, to permit occupancy of a dental office subject to certain conditions as outlined in report CAO-10-035. Mr. R. Regier advised that 290 King Street East forms part of the overall Kitchener Market building, fronting on Eby Street at King Street East and is owned by Barrel Works. He advised that the property owner has attempted to lease and / or sell the property since its development in 2004 and has a potential buyer, as represented by Mr. Edmund Pries, Real Estate Agent, who wishes to occupy Unit 102 as a dental office use. Mr. Regier stated that the restrictive covenants provide only for a restaurant or retail use as part of the Downtown Strategic Plan to add vitality to King Street East and the Downtown streetscape in general. He noted that staff have discussed this matter with the property owner over the past 2 to 3 weeks in regard to the proposed configuration of a dental office at the east end of the building overlooking the Piazza, which is the smallest unit on the main level. The proposed use is not expected to increase vitality of King Street East; however, the location in the smaller unit provides a lesser profile, leaving the larger portion of King Street East still open and available to lease or sell as restaurant or retail uses. Staff is in support of the proposed dental office use subject to certain conditions, of which the prospective purchaser is in agreement with all but one. Mr. Edmund Pries, Real Estate Agent, attended on behalf of Mr. Alex Tan, the proposed purchaser, to raise concerns with a condition of approval that stipulates waiving of enforcement of the restrictive covenants will apply only to his client's business and will cease at the time his client no longer owns and operates the business. Mr. Pries advised that his client owns and operates an existing dental clinic that has successfully grown to the point of outgrowing their current facility in the Stanley Park Mall. Mr. Tan wishes to relocate his business to the Downtown location and Mr. Pries suggested that COUNCIL MINUTES OCTOBER 4, 2010 - 280 - CITY OF KITCHENER the business will generate new activity to the Kitchener Market and downtown. Mr. Pries commented on the difficulties of leasing /selling this particular property, noting that the property has been shown frequently but prospective renters/buyers are discouraged by competing property owners along King Street. Mr. Pries advised that Mr. Tan proposes to undertake approximately $300,000. in improvements to the unit and his concerns with the ceasing of the waiver on enforcement at termination of his business relate to his ability to recoup his investment intended for his retirement years. Mr. Pries referred to wording in the restrictive covenants that suggests the covenants have expired, noting that reference is made to a 3-year period which would be from 2004 to 2007. He asked that if in fact, the covenants still apply that they be changed to include a dental office as a permitted use to provide that the dental office use will be allowed to continue in perpetuity. Councillor B. Vrbanovic questioned if at the time Mr. Pries' clients business ceases to operate should the unit subsequently be leased or sold to a use other than a dental office, if his client would be comfortable in this instance to have the restrictive covenants reinstated. Mr. Pries indicated that may be acceptable to his client; however, the intent of his client is to provide for a continuous dental office use and in the absence of same, Mr. Pries was uncertain what impact it may have to his client's ability to obtain financing. Councillor Vrbanovic requested clarification of staff as to the best method to permit a continuous use as a dental office. Ms. L. MacDonald, Director of Legal Services & City Solicitor, advised that the difficulty lies in the fact the restrictive covenants apply to the whole of the main floor and to amend them to add a dental office as a permitted use to the smaller unit would require preparation of a stratified reference plan showing that portion of the main level to which the new use would apply, at a cost of approximately $2,500. Therefore, staff is of the opinion the best means to permit the use is through waiver of enforcement of the restrictive covenants. Ms. MacDonald added that in respect to the expiration date mentioned by Mr. Pries, this applies only to Council's authority to approve uses and not the restrictive covenants themselves. Ms. MacDonald confirmed that the best method to permit the use indefinitely would be through continuous waiver of enforcement as it pertains to the smaller unit. Councillor G. Lorentz requested clarification as to the status of leasing of the units. Mr. R. Regier advised that the upper floor has been fully leased but the main level has remained continuously vacant since developed in 2004. Councillor Lorentz questioned if the restrictive covenants have ever been reviewed with a view to determine their appropriateness for this site. Mr. Regier advised that the issue has not come up in discussions with the property owner and reiterated that the units have had prospective leases /buyers but transactions have not proceeded for various reasons. Councillor Lorentz commented that a dental office may be a good use; however, he raised concerns that it may bring requests for ancillary industry uses and he questioned if same may in fact be better uses than what is in the restrictive covenants. Mr. Regier agreed that ancillary requests may stem from the dental office use; however, he maintained that the owner has never indicated concern with the restrictive covenants and that until now the consensus has been that the main level should contain restaurant /retail uses. Mayor C. Zehr suggested that the dental office use could be accepted subject to eliminating Condition iv) of report CAO-10-035 to provide for continuous waiver of enforcement of the restrictive covenant as it pertains to the smaller unit and Planning staff directed to review zoning and permitted uses on the property with a report to come back at a later date. Councillor B. Vrbanovic agreed, with the exception that it was his opinion the review should be conducted by Economic Development staff as it relates to determining an appropriate business environment for the Downtown. Councillor Vrbanovic added that the delegation has suggested that if approved on the basis of waiving enforcement it may have impact to his client's ability to obtain financing and requested clarification in this regard. Mr. Pries stated that he was uncertain what impact it would have in terms of a financial institution's decision to approve financing but reiterated it was his client's intent to have this use continue beyond the time he ceases to own and operate the business and was of the opinion the simplest method would be to add the use to the restrictive covenants to allow the use in perpetuity. Councillor Vrbanovic requested clarification regarding the stratified reference plan and Ms. MacDonald confirmed that adding the use to the restrictive covenants cannot be done without preparation of a stratified reference plan. A motion by Councillor B. Vrbanovic, seconded by Councillor J. Gazzola, was brought forward for consideration to provide that enforcement of the restrictive covenants on 290 King Street East as it pertains to Unit 102 be waived to permit a dental office use, subject to the conditions as outlined in report CAO-10-035, save and except condition 2 iv). COUNCIL MINUTES OCTOBER 4, 2010 - 281 - CITY OF KITCHENER Councillor G. Lorentz commented that he could support the use; however, he was of the opinion that a review of the restrictive covenants should be undertaken in consultation with the property owners to determine their appropriateness or need for change. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Gazzola "That the City of Kitchener not enforce the restrictive covenants on 290 King Street East as it pertains to the use of Unit 102, a portion of the ground floor, for a dental office, subject to the conditions set out in Chief Administrator's Office report CAO-10-035, save and except condition 2 iv)." Carried Unanimously. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That upon request by the property owner, staff be directed to undertake a comprehensive review of the restrictive covenants on 290 King Street East." Carried. Mr. L. Gordon, Director of Supply Services, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Council considered this date Financial Services Department report FIN-10-154 (W. Malcolm), dated October 1, 2010 in conjunction with the tenders, requesting authorization to increase Purchase Order #900391 to Super Sucker Hydro Vac Service Inc. Councillor G. Lorentz requested clarification as to the reasons for the increase. Mr. L. Gordon advised that the original estimate was based on 500 hours of excavation work; however, use of this service exceeded expectations due to aging infrastructure and municipal growth. Councillor Lorentz questioned if the option to purchase this equipment has been investigated and Mr. D. Chapman, General Manager of Financial Services, advised that a review was undertaken in preparation of the 2010 budget at which time capital and maintenance costs remained cost prohibitive. He stated that staff would undertake a similar review for the 2011 budget deliberations. Moved by Councillor G. Lorentz Seconded by Councillor J. Gazzola "That Tender T10-082 -Roof Replacements -Don McLaren Arena & Grand River Recreation Complex, be awarded as follows: • Don McLaren Arena to Flynn Canada Ltd., Cambridge, Ontario, at their tendered price of $92,500., plus H.S.T. of $12,025., for a total of $104,525; and, • Grand River Recreation Complex to Watertight Roofing Services Limited, Kitchener, Ontario, at their tendered price of $101,000., plus H.S.T. of $13,130., for a total of $114,130." - and - "That Tender T10-103, Snow Removal -City Parking Lots, be awarded to Humphries Lawn & Snow, Kitchener, Ontario, for both Area #1 and Area # 2, at their tendered price of $5,639.33 per storm, plus H.S.T. of $733.11, for a total of $6,372.44 per storm; and further, That award shall also carry an option to renew the agreement for up to three (3) additional twelve (12) month terms, subject to mutual agreement." - and - "That Tender T10-104 - 69 kw (93 hp) All Wheel Drive, Rubber Tired Industrial Tractor with Front End Loader and an Extendable Side Shift Backhoe, be awarded to Nortrax Canada Inc., COUNCIL MINUTES OCTOBER 4, 2010 - 282 - CITY OF KITCHENER Cambridge, Ontario, at their tendered price of $93,939., plus H.S.T. of $12,212.07, for a total of $106,151.07." - and - "That Expression of Interest E10-086, Consultant Services -Reconstruction of Moore Avenue (Emma Avenue to Graham Street), be awarded to Meritech Engineering, Cambridge, Ontario at their estimated fee of $173,109.75, plus H.S.T. of $22,504.27, for a total of $195,614.02, based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Melloul-Blarney Construction Inc., Waterloo, be authorized to undertake the Construction Management Services related to the CMF Solar Roof Installation, including the retention of Photowatt Ontario Inc. for the supply and installation of the solar roof, in accordance with Photowatt Ontario Inc.'s proposal accepted by the City, to an upset limit of $3,800,000., plus HST." - and - "That staff be authorized to increase purchase order #900391 to Super Sucker Hydro Vac Service Inc from $121,000 to $221,000 plus HST to be funded from within the various approved operating budget accounts." Carried. Mr. B. Green, GSP Group, was in attendance in support of Clause 2 of the Parks Strategic Plan (September 2010) and for information of Council, circulated this date correspondence dated October 4, 2010 outlining the agreed upon administrative revisions to the Plan. Councillor B. Vrbanovic commented that the changes made are in part the result of issues raised by delegations to the Community Services Committee who asked that the City look at parks from a perspective of future growth moving forward proportionately with population growth. In this regard, he noted that staff has been asked to report on appropriate benchmarking and ratios for various park categories and report to the new Council within one year with an update on implementation of this strategic plan, with recommendations for 2012 and beyond. Councillor Gazzola agreed that the last paragraph of the recommendation is a direct result of the work undertaken by residents who brought forward their ideas and it is important that same have follow-up. Councillor K. Galloway commented that approval of the Parks Strategic Plan is positive for moving forward with park and trail development, noting that natural areas have also increased in importance to the community. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That Clause 2 of the Community Services Committee report of this date, be adopted." Carried Unanimously. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Carried. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That the report of the Community Services Committee be adopted." COUNCIL MINUTES OCTOBER 4, 2010 - 283 - CITY OF KITCHENER At the request of staff, it was agreed to amend Clause 3 of the report dealing with approval of a golf membership system, to provide that the Golf Association of Ontario fee be included in the base membership fee. In regard to Clause 3 of the report, Councillor J. Gazzola reiterated concerns raised by a representative of the golfing community who believes that the seniors rate is not as good as it should be. Councillor Gazzola agreed with this concern noting that many of the seniors spoken to have supported the golf courses over many years, during good and bad seasons, and are deserving of a better rate. He questioned what could be done to improve the seniors' rate. Ms. P. Houston, General Manager of Community Services, advised that on review only two other golf courses in the area were found to offer a seniors rate, with Kitchener's rate falling in the middle of the three; and staff are of the opinion their proposed rate is competitive. On motion by Councillor G. Lorentz, seconded by Councillor J. Gazzola, it was agreed to amend Clause 3 of the report, to provide that following the 2011 golf season staff report on the impact of the golf membership system in terms of what worked well and what, if anything, could be improved. The Community Services Committee report was then voted on clause by clause. Clause 2 -Dealt with under Delegations and Carried. Clause 3 -Carried, as Amended. Balance of report -Carried. Councillor B. Vrbanovic declared a pecuniary interest and abstained from all discussion and voting concerning Clause 1 of the Finance & Corporate Services Committee report of this date, dealing with Waterloo Region Green Solutions (WRGS) annual funding request, as he had contracted with WRGS for an initial Residential Energy Efficiency Project (REEP) home energy audit for which he is still eligible to complete a closing audit. Moved by Councillor J. Smola Seconded by Councillor K. Galloway "That Clause 1 of the Finance & Corporate Services Committee report of this date be adopted." Councillor J. Gazzola spoke in opposition to Clause 1 of the report, raising concerns that the funding request represents a 10% increase in the City's annual grant to WRGS, for which the organization requests approval in the absence of finalizing and providing their budget outline for 2011. A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors G. Lorentz, J. Smola, K. Galloway and C. Weylie Contra: Councillor J. Gazzola Motion Carried. Recorded Pecuniary Interest and Abstention: Councillor B. Vrbanovic as he has contracted with WRGS for an initial REEP home energy audit for which he is still eligible to complete a closing audit Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the balance of the Finance & Corporate Services Committee report of this date be adopted." Carried. COUNCIL MINUTES OCTOBER 4, 2010 - 284 - CITY OF KITCHENER Councillor K. Galloway requested that staff undertake review of the City's policy for giving of Public Notice as it relates to Planning matters in light of concerns raised by members of the community in regard to consideration of a rezoning application at the September 20, 2010 Council meeting. Councillor B. Vrbanovic gave notice that he would introduce a motion at the November 15, 2010 Council meeting concerning a recent decision by the Federal Government to reduce funding to the National Crime Prevention Council (NCPC) by approximately 20% which has impacted municipalities across the Country, and including Kitchener, who apply to the NCPC for grant funding to undertake local crime prevention initiatives. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to exempt certain lands from Part Lot Control -Part of Block 3, Registered Plan 58M-460 -Templewood Drive. (b) Being a by-law to exempt certain lands from Part Lot Control -Part of Block 3, Registered Plan 58M-460 -Templewood Drive. (c) To confirm all actions and proceedings of the Council. and that the same be taken as read a first time and stand ref erred 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 B. Vrbanovic "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 J. Smola "That the by-laws be given third reading, namely: (a) Being a by-law to exempt certain lands from Part Lot Control -Part of Block 3, Registered Plan 58M-460 -Templewood Drive. (By-law No. 2010-168) (b) Being a by-law to exempt certain lands from Part Lot Control -Part of Block 3, Registered Plan 58M-460 -Templewood Drive. (By-law No. 2010-169) (c) To confirm all actions and proceedings of the Council. (By-law No. 2010-170) be taken as read a third time, be finally passed and numbered serially by the Clerk." COUNCIL MINUTES OCTOBER 4, 2010 - 285 - CITY OF KITCHENER Carried. On motion, the meeting adjourned at 8:12 p.m. MAYOR CLERK COUNCIL MINUTES OCTOBER 4, 2010 - 286 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, and By-law 2002-164 as amended, of the City of Kitchener, hereby grants draft approval to Condominium Application 30CDM-10207 for 305 Briarmeadow Drive in the City of Kitchener, subject to the conditions outlined in Development and Technical Services Department report DTS-10-160. 2. That Development and Technical Services Department report DTS-10-167, Kitchener Growth Management Strategy - 2010 Annual Monitoring Report, be received for information. 3. That the 2010 Community Environmental Improvement Grant (CEIG), to be funded from the Environmental Stewardship Capital Account, be awarded as follows: • $3,000. to Waterloo Wellington Children's Groundwater Festival; and, • $3,000. to My Sustainable Canada and Dads Against Dirty Air; and further, That the remaining $4,000. of the 2010 CEIG funding be prorated for use as part of the 2011 grant program. COMMUNITY SERVICES COMMITTEE - 1. That the Mayor and Clerk be authorized to execute an agreement with the People's Car Co- operative Inc. (Grand River CarShare) to provide one (1) parking spot at each of the non- revenue generating City of Kitchener facility lots, as outlined in Community Services Department report CSD-10-065, for the use of Grand River CarShare vehicles, subject to the satisfaction of the City Solicitor; and, That the Mayor and Clerk be authorized to execute an agreement with the People's Car Co- operative Inc. (Grand River CarShare) providing for the use of up to three (3) parking spaces at the City Hall parking garage for the use of Grand River CarShare vehicles at no cost, subject to the satisfaction of the City Solicitor; and, That in subsequent years, the General Manager of Community Services be authorized to execute amendments to the agreement, including additions and deletions of parking locations, subject to the satisfaction of the City Solicitor; and further, That staff proceed with the application to make the City of Kitchener a Corporate member of GRCS, with an evaluation of the usage, costs /benefits of membership and provide a full update after cone-year period. 2. That the Parks Strategic Plan September 2010 (formerly known as the Parks Master Plan - June 2010) be approved; and, That the implementation of the Parks Strategic Plan strategies and implementation actions, as presently recommended, be referred to the corporate business planning and the 2011 capital and operating budget processes for consideration; and further, That staff consider appropriate benchmarking and ratios for the various park categories discussed in the plan and report back to the new Council with cone-year update on the implementation of this strategic plan and possible recommendations for the 2012 and beyond budget processes. (Dealt with under Delegations and Carried) 3. That the golf membership system, as outlined in Community Services Department report CSD- 10-067, be adopted for the 2011 golf season, subject to the following conditions: COUNCIL MINUTES OCTOBER 4, 2010 - 287 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 3. (Cont'd) i. that once green fees have been established and prior to the start of the 2011 golf season, golfers will be permitted to switch from the unlimited play membership package to the pay as you play system and will be refunded the membership paid; and, ii. that the Golf Association of Ontario (GAO) fee be included in the base membership fee; and further, That following the 2011 golf season, staff report to the Community Services Committee as to the impact of the golf membership system in terms of what worked well and what, if any, improvements could be made. (As Amended) FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That subject to consideration during the 2011 budget deliberations, $27,500. be allocated to the Waterloo Region Green Solutions, Residential Energy Efficiency Project CREEP), as part of the Environmental Committee's 2011 operating budget. (Carried, on a recorded vote) 2. That the summary of response to the Government of Ontario's Proposed Integrated Accessibility Regulation, as outlined in Community Services Department report CSD-10-063, be endorsed; and further, That staff be directed to submit a formal written response to the province by its deadline of October 16, 2010. 3. That Rod Regier, Executive Director of Economic Development, be authorized to participate as a Municipal Local Economic Development Specialist working in a volunteer capacity with the Federation of Canadian Municipalities to help design a new country program for municipal economic development in Tanzania between January 2011 and July 2011. 4. That Development and Technical Services Department report DTS-10-170 (Local Environmental Action Fund [LEAF] Update & Authority to Execute Legal Agreements), updating the status of the projects and programs funded by LEAF, be received for information; and further, That the Mayor and Clerk be authorized to execute Local Environmental Action Fund (LEAF) legal agreements with the organizations granted monies from LEAF, all such legal agreements to be subject to the satisfaction of the City Solicitor. COUNCIL MINUTES OCTOBER 4, 2010 - 288 - 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. CRPS-10-157 - Dog Designation Appeal Committee -Amanda Cioanca Council considered Corporate Services Department report CRPS-10-157 (C. Goodeve), dated September 20, 2010. It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Amanda Cioanca, wherein the Committee rescinds the Prohibited Dog Designations assigned to her dogs `Precious' and `Remy' by the Kitchener-Waterloo and North Waterloo Humane Society, be ratified and confirmed." 3. CRPS-10-161 -Sign Variance - 235 Ira Needles Boulevard Council considered Corporate Services Department report CRPS-10-161 (D. Gilchrist), dated September 28, 2010. It was resolved: "That the application of Fieldgate Commercial Ltd (SG 2010-020 - 235 Ira Needles Blvd) requesting permission to erect 1 ground support "Exit Only" sign with no address on the sign, whereas the Sign By-law requires the address to be on this sign, on Part Lot 38, German Company Tract, 235 Ira Needles Blvd, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the "Exit Only" ground supported sign shall be moved 1 m to the east of its proposed location, as shown on the plan submitted with this application, on the island." 4. DTS-10-172 - 1614310 Ontario Inc. -Contract Extension -Consulting Services Council considered Development & Technical Services Department report DTS-10-172 (J. Willmer), dated September 27, 2010. It was resolved: "That the Mayor and Clerk be authorized to execute an amending agreement with 1614310 Ontario Inc. to extend the consulting services pertaining to the Process Mapping and Design Simulation Project required by Development and Technical Services from September 30, 2010 to December 31, 2010 at no change to the contract amount; said agreement to be satisfactory to the City Solicitor." COUNCIL MINUTES OCTOBER 4, 2010 - 289 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Exemption to Chapter 450 (Noise) of the Municipal Code - 480 Prospect Avenue Council considered this date Corporate Services Department report CRPS-10-160 (S. Turner), regarding a request for a noise exemption for a special event. It was resolved: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Debbie Reider for a benefit barbecue being held at her residence at 480 Prospect Avenue, on October 23, 2010, between the hours of 2:00 PM and 11:00 PM."