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Home My WebLink AboutCouncil Minutes - 2000-07-04J U LY 4, 2000 COUNCIL MINUTES CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillors Jake Smola and B. Vrbanovic. The meeting began with the singing of "O Canada" by Miss Shauna Taillefer of the King School of Vocal. Mayor C. Zehr extended the Councils appreciation to Miss Taillefer for presenting her rendition of the National Anthem. On motion by Councillor J. Haalboom, the minutes of the regular meeting held June 19, 2000 and special meetings held June 19 and 26, 2000, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE- (1) Correspondence dated June 6, 2000, from Hon. Ernie Eves, Minister of Finance, acknowledging receipt of Council's resolution requesting an improved compensation formula to better reflect the costs incurred by municipalities due to the delayed implementation of Bill 79. (2) Correspondence dated June 15, 2000, from Hon. Michael D. Harris, Premier of Ontario, acknowledging receipt of Council's resolution regarding the privatization of correctional facilities in Ontario. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation with respect to the tenders listed on the Committee of the Whole agenda. Mr. Gordon requested consideration of an additional tender outlined in his memorandum dated July 4, 2000 distributed this date dealing with Expression of Interest E00-066, pre-qualification of general contractors - Fire Hall #3. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz That Tender T00-061, Union Boulevard Reconstruction (King Street to Esson Street), be awarded to J. Weber Contracting Ltd., Breslau, Ontario. at their tendered price of $1,274,274., including G.S.T., and a contingency allowance of $40,000. - and - That Tender T00-009, Special Operations/Hazardous Materials Response Vehicle, be awarded to Super Va¢ Mfg. Co. Inc., Loveland, Colorado, at their reduced tendered price of $366,183.63, plus G.S.T. - and - "That Expression of Interest E00-066, Prequalification of General Contractors - Fire Hall #3, be approved and that the following list of General Contractors be issued tender packages for the project: · CRD Construction Ltd., Guelph · Detra Builders Inc., Kitchener · Grenwitch General Contracting Inc., Vaughan · Maple Engineering & Construction Canada, Cambridge · MellouI-Blamey Construction Inc., Waterloo · Nith Valley Construction Ltd., New Hamburg · Reid & DeLeye Contractors Ltd., Courtland · Sax Construction, Kitchener · Sierra Construction Ltd., Woodstock · Versteeg Contracting Ltd., Elmira" Carried. Ms. Ingrid Suhr appeared as a delegation to object to clause 2 of the Public Works and Transportation Committee report dealing with recommended closure and sale of the public walkway linking Fischer-Hallman Road to Larkspur Crescent. Ms. Suhr read a prepared statement opposing the recommendation as in her view it did not represent a solution to the problem. J U LY 4, 2000 COUNCIL MINUTES - 337 - CITY OF KITCHENER Councillor G. Lorentz commented that the recommendation was not an ideal solution and noted that obtaining agreement of adjacent owners to purchase the walkway was a stumbling block. It was indicated that Mr. J. Gazzola would assist if required to finalize this matter. Moved by Councillor John Smola Seconded by Councillor J. Haalboom "That Clause 2 of the Public Works and Transportation Committee report be adopted." Carried. Mayor C. Zehr advised that Ms. Kathy Smith was in attendance pertaining to item B-8 of the Committee of the Whole agenda of this date but did not wish to make a presentation. Moved by Councillor T. Galloway Seconded by Councillor J. Haalboom "That the Mayor and Clerk be authorized to execute an agreement date June 19, 2000, between Ontario Business Contacts on behalf of the Ministry of Consumer and Commercial Relations and the City of Kitchener, to permit a business registration terminal to be established at the Cambridge Enterprise Centre, located at 73 Water Street North, Cambridge, known as Cambridge Place." Carried. Ms. L. MacDonald, Assistant City Solicitor advised that two delegations would be appearing with regard to an encroachment issue which the Legal Department had become involved in with the owners of 63 and 65 Inwood Crescent. She noted that following these discussions the Department had found there was a dispute between owners. Mr. John Weiss advised that he was the owner of 63 Inwood Crescent and that his concern related to the area between his driveway and the driveway of 65 Inwood Crescent as his neighbour has installed a flower garden in the right-of-way which was formerly grassed. As a result, entry to and exit from his single driveway is difficult because of the bend in the crescent and the configuration of the right-of-way and has also resulted in loss of a place to set out garbage and a recycling bin. In response to Councillor C. Weylie he asked that the neighbouring property owner be required to restore sod to at least half of the area in question until this matter could be resolved. Mr. Bruce Meyer, owner of 65 Inwood Crescent appeared as a delegation concerning the landscaping he had installed as referenced by the previous delegation and noted that he was unaware of the necessity to enter into an encroachment agreement. Mr. Meyer indicated that he had been in discussion with Legal and Traffic staff relative to this matter. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler "That a dispute between the owners of 63 and 65 Inwood Crescent, as to what planting should be allowed and responsibility for maintenance of same within the area of the Inwood Crescent road right-of-way situated between the sidewalk and the front property lines, be referred to the August 21, 2000 Finance and Administration Committee meeting for consideration; and, That the Public Works Department review this matter, develop a proposal incorporating a line from the property line within this area of the right-of-way that allocates responsibility for portions of the area to each property owner and prepare a report and recommendation; and further, That the Legal Department be requested to draft a proposed Encroachment Agreement for consideration by the Committee, if required." Carried. Mr. Paul Born and Ms. Janet Howitt appeared as a delegation on behalf of Opportunities 2000 to make a Powerpoint presentation with respect to a booklet distributed this date describing ways and COUNCIL MINUTES J U LY 4, 2000 - 338 - CITY OF KITCHENER means to create opportunities, promote awareness and take action to reduce poverty in Waterloo Region and the role that local Government could play in achieving this objective. Mr. Born advised that his overall purpose was to provide an update on the work of the Opportunities 2000 organization, share ideas and seek assistance from the municipality. Following the overhead presentation he asked that Council members review the booklet and consider implementing a project to reduce poverty that the City of Kitchener could say was it's own. He then asked Council consider a motion outlined in his presentation. Mayor C. Zehr commented that the Opportunities 2000 request does dovetail with some of the Compass Kitchener programs. Mr. J. Gazzola indicated that staff would attempt to meet an end of September deadline to prepare a response. Councillor T. Galloway commented that he supported the delegation recommendation and suggested that the concerns referenced were practical issues that could be addressed in a short time. Moved by Councillor M. Yantzi Seconded by Councillor T. Galloway "That the following request of Mr. Paul Born on behalf of Opportunities 2000 be referred to staff for review and preparation of a report for Council's consideration by September 30, 2000: How does the City measure up to the strategies as a caring community which reduces poverty? How can the City improve Human Resource practices which reduce poverty? Which project(s) could the City develop this year which would reduce poverty?" Carried. Mayor C. Zehr advised that a delegation was in attendance pertaining to Clause 3 of the Finance and Administration Committee report but did not wish to make a presentation. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That Clause 3 of the Finance and Administration Committee report be adopted." Carried. Mr. Richard Hardie, Richard Hardie and Associates, appeared as a delegation in support of Clause 6 of the Planning and Economic Development Committee report and a recommendation contained in Business and Planning Services report BPS-00-085 dated July 4, 2000 distributed this date. Revised recommendations in the staff report were being advanced in place of conditions B 81(b), 81(d), and 87 which have been developed following further discussions among land owners. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson, appeared as a delegation on behalf of Max Becker Enterprises and advised that he was in support of Clause #6 of the report and the revisions proposed in the addendum staff report, subject to a minor correction to Clause (81b) that would delete reference in the first paragraph to '81 (c)'. In response to Councillor T. Galloway, Mr. B. Stanley advised that the two small land owners were now in agreement with the recommendation since they had been removed from the condition referring to a percentage allocation in the sharing of expenses for the sanitary sewage pumping station. Further, he confirmed that in condition of 81(b) reference had been incorrectly made in the first paragraph to condition 81(c) and should be deleted. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That Clause 6 of the Planning and Economic Development Committee report be adopted with an amendment to include the new recommendations relative to the conditions B 81(b), 81(d) and 87 outlined in staff report BPS-00-085 including a minor correction deleting reference to condition 81(c) contained in the first paragraph of condition 81 (b). Carried. COUNCIL MINUTES J U LY 4, 2000 - 339 - CITY OF KITCHENER Mr. Thomas Schmidt, Director of Water Services Division, Engineering Department for the Region of Waterloo appeared as a delegation in respect to item B7 of the Committee of the Whole agenda of this date dealing with the issue of emissions arising from operations of Quantex Technologies Inc. located in the Huron Business Park. With its agenda Council was in receipt of a report dated June 9, 2000 from Kathy Bissell, Manager of Business Facilitation, logging complaints and action with respect to Quantex Technologies Inc. and a further memorandum dated July 4, 2000 from G. Borovilos prepared as an update respecting this matter. Mr. Schmidt commented on enforcement procedure of the Sewer Use By-law, noting that Quantex was sampled on a regular basis and on the Sewer Surcharge Agreement. He indicated that the Region would be approaching Quantex with some additional proposals to remedy complaints. Mr. Schmidt advised that the City could assist by authorizing installation of carbon scrubbers. In response to Councillor T. Galloway, he advised that Regional staff meet with Ministry of Environment staff and keep them informed on an on-going basis and also liaise with Kitchener staff respecting the sanitary sewer. Mr. Mark Ermin, appeared as a delegation on behalf of Custom Foam Systems to attest that the odours from Quantex were a very real problem for the staff of neighbouring businesses. He expressed satisfaction as to the efforts and proposals made to date to remedy the situation. Moved by Councillor J. Ziegler Seconded by Councillor T. Galloway "That staff, in co-operation with the Region of Waterloo and the Ministry of the Environment, continue to monitor the odour emissions arising from Quantex Technologies Inc. processing of chemicals and wastes; and further, That staff take immediate action, similar to corrective measures undertaken on Graber Place, by arranging for the installation of carbon scrubbers within the manholes on Shoemaker Street and regular maintenance of the sewer line on Shoemaker Street." Carried. Mr. Gary Flaxbard appeared as a delegation on behalf of Doon residents with respect to Clause 2 of the Finance and Administration Committee report relative to a neighbourhood proposal to purchase the property know municipally as 1762 Old Mill Road. He indicated that the Homer Watson House Board of Directors has agreed to negotiate with the owner of 1762 Old Mill Road and that a draft purchase and sale agreement had been prepared. Mr. Flaxbard advised that an interest free loan would be needed to facilitate the purchase of the property. A brief discussion took place. Councillor T. Galloway questioned if there was anything the City could provide in terms of resources to facilitate the land purchase and also if expropriation was a possibility if purchase negotiations were unsuccessful. Mr. J. Shivas advised that the City could entertain an expropriation of lands for a municipal purpose to add to the Homer Watson House lands. In response to Councillor J. Haalboom, Mr. J. Gazzola advised that staff could investigate the provision of an interest free loan but only Council could approve such a loan. Councillor T. Galloway noted that if purchase negotiations were successful it would be necessary for a special Council meeting to be called. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That Clause 2 of the Finance and Administration Committee report be adopted." Carried. Mr. Paul Lawson, Lawson Mobile Signs, appeared as a delegation in regard to Clauses 9 and 10 of the Planning and Economic Development Committee report dealing with the issue of Election campaign signs and advised that his purpose was to request clarification of the size issue. Mr. Lawson was advised that the permitted size of campaign signs has almost doubled from .84 sq. metres to 1.5 sq. metres. COUNCIL MINUTES J U LY 4, 2000 - 340 - CITY OF KITCHENER Mr. R.W. Pritchard spoke to the matter of difficulty faced by election candidates and election officials where there was not conformity between the City and Region Sign By-laws. He indicated that one area of difficulty was candidates not knowing whether a road was under City or Regional jurisdiction. Councillor T. Galloway stated it would be a big mistake to allow signs on City rights-of-way or on any City property and Councillors were in general concurrence with this position. Mr. Pritchard suggested that a list of Regional roads could be provided in the City's information package for election candidates since the Regional By-law permits campaign signs in Regional road right-of-ways. Moved by Councillor T. Galloway Seconded by Councillor J. Ziegler "That Clause 9 of the Planning and Economic Development Committee report be adopted with respect to the size changes proposed and amended to provide that no action be taken on changes in the draft By-law that would permit election campaign signs on City rights-of-way and the relevant clauses be deleted from the proposed By-law." Carried. Moved by Councillor J. Ziegler Seconded by Councillor T. Galloway "That Clause 10 of the Planning and Economic Development Committee report be adopted with an amendment to add the words 'such as but not limited to mobile signs or fixed signs with changeable copy,' after the words third party signs." A recorded vote was taken at the request of Councillor J. Haalboom. In Favour: Mayor C. Zehr, Councillors K. Taylor-Harrison, M. Yantzi, John Smola, J. Ziegler, T. Galloway, G. Lorentz and C. Weylie. Contra: Councillor J. Haalboom Motion Carried. Mr. Aaron Klassen appeared as a delegation on behalf of Bridle Path Estates with respect to the Wabanaki Drive Extension Location Study. He referred to correspondence dated June 30 that he had provided to Council and a further update he prepared dated July 4, 2000 which deal with suggested motions relative to Ministry action and lifting of the 'Holding Provision' as it applies to the Vace Investments Inc. Hidden Valley Subdivision. Comments were made by Mayor C. Zehr and Councillor J. Ziegler and Mr. B. Stanley who noted that Council did not have the authority to deal with Mr. Klassen's request at this meeting as lifting of a holding provision was subject to the same procedures as a zone change. He noted that in the event a "bump-up" from the Ministry of the Environment does not occur, staff could prepare a report for consideration at the August 21, 2000 Planning and Economic Development Committee meeting. Mayor C. Zehr asked that appropriate staff also provide information on the Capital Funding aspect of the Wabanaki Drive extension as part of consideration of the holding provision issue in the Planning staff report. Mr. Harjit Mangat, property manager for 50 Westmount Road West, appeared as a delegation along with Dr. Rao, property owner, in respect to the recommendation listed as item B12 of the Committee of the Whole agenda of this date. Mr. Mangat advised that Dr. Rao would be interested in purchasing part of the former Filsinger Road right-of-way to enhance visibility of the walkway to Raylene Drive and to obtain additional play area for the townhouse complex. A motion was put forward by Councillor M. Yantzi, seconded by Councillor K. Taylor-Harrison, to adopt the recommendation listed in the Committee of the Whole agenda. J U LY 4, 2000 COUNCIL MINUTES - 341 - CITY OF KITCHENER Mr. J. Shivas advised that the status of the former Filsinger Road right-of-way was that of just another piece of City owned lands and that there were no rights or requirements relative to sale and the City was free to sell the land to any party. A discussion took place with comment from J. Shivas, J. Dean, Councillor M. Yantzi, Mayor C. Zehr and Dr. Rao who indicated he was prepared to purchase the land encompassing the throat of the walkway extending from the end of Raylene Drive to the boundary of 50 Westmount Road West if it would solve conflict between neighbours. He also indicated that the walkway approach from 50 Westmount Road could be shifted slightly to line up more appropriately with the access from Raylene Drive. Mr. Thiele referred to the sketch drawing attached to the report and suggested that the pathway be curved. A motion by Councillor M. Yantzi, seconded by Councillor K. Taylor-Harrison, to amend the recommendation listed in the Committee of the Whole to provide for widening of the throat of the access from Raylene Drive was put to a vote and lost. A motion was proposed by Councillor T. Galloway, seconded by Councillor J. Ziegler, to adopt the staff recommendation in item B12 with an additional gate access being provided for the Berry property or for the City if the property owner did not purchase adjacent lands. A motion was introduced by Councillor M. Yantzi, seconded by Councillor John Smola, to defer action on this matter until the parties could negotiate and reach agreement pertaining to a gate access for the Berry property and widening of the throat access from the end of Raylene Drive. On the issue of disposal of the land as previously recommended by Council, Councillor M. Yantzi requested that the City not dispose of the land at this time. Ms. J. Dean advised that the parties who were in attendance this date had indicated to her that if given some time during this meeting they could develop a solution. Council agreed to the request and proceeded with other business while the parties left the Council Chamber to continue dialogue. When they returned to the Chamber, Ms. J. Dean indicated that all parties have agreed to a plan in principle and would meet on site with the objective of reaching agreement as to where the fence and an additional gate for the Berry property would be located. Moved by Councillor M. Yantzi Seconded by Councillor K. Taylor-Harrison "That we approve in principle the following Raylene Drive fencing recommendation outlined in Public Works Department report PW-00-029, dated June 28, 2000, from S. Gyorffy, subject to provision of a gate access for the Berry property for maintenance purposes and to a minor change in alignment of the throat access to 50 Westmount Road West to improve sight lines to be agreed to by the affected property owners: That an 8 foot high solid wooden fence be built of tongue and groove construction at the dead end of Raylene Drive as shown on the attached drawing; and, That 12 feet of fencing across the centre of Raylene Drive consist of wrought iron material with a 5 foot controlled access gate to #50 Westmount Road; and, That the Purchasing Division be authorized to negotiate a price with the City's current fence contractor (Town and County Fencing) to expedite construction at the earliest possible date; and, That the Traffic Division seek resident input and report back to Council with options for dealing with on-street parking along Hearth Crescent; and, 5. That the property owner of #50 Westmount Road undertake the following: a) Assume the ownership and maintenance of fencing along the 50 Westmount property line. b) Pay the cost of the entrance gate lock and keys for tenants. c) Assume responsibility for maintaining the access gate and lock. J U LY 4, 2000 COUNCIL MINUTES - 342 - CITY OF KITCHENER d) Ensure that the access gate is locked at all times and supply only tenants with keys. e) Supply adequate lighting for the access gate and passageway on City property. f) Provide snow clearing of the 12 foot wide passageway on City property from the end of the Raylene pavement to 50 Westmount for tenants. g) Relocate the utility shed to enable fence construction. h) Confirm agreement with the above before this proposal is implemented; and further; That signage be posted on Raylene Drive advising area residents that public access will only be provided for residents of 50 Westmount on Council approval of this report." Carried. Councillor K. Taylor-Harrison expressed appreciation to the parties involved in this matter for their willingess to carry on further discussion to reach a solution. Mr. Ron Charie was in attendance with regard to item B14 of the Committee of the Whole agenda dealing with a Transfer Agreement of the Kitchener-Wilmot Hydro assets and a draft By-law dated June 27, 2000 in that regard attached to the agenda. Mayor C. Zehr provided details of a change of wording in respect to Clause 3.04 of the draft By-law. Further, he noted that the effective date of the By-law would be August 1, 2000. In respect to Schedule 'B' attached to the draft By-law, Mr. J. Shivas confirmed that required approval has been received. Mayor Zehr pointed out that the Provincial Government had introduced legislation last week to amend the rate increase authority but noted that the legislation would not be dealt with by the Province before October, 2000. Mr. Charie pointed out that four new companies were being incorporated to service electricity customers under the authority of recent legislation. On the matter of permitted rate increases, Mr. Charie advised that the electric utility was asking for the same treatment as the Province has allowed with respect to Hydro One which is its own utility. He remarked on the rate application that is before the Ontario Energy Board and other problems associated with current legislation and noted that at this point, Hydro One has a competitive edge as to purchase of other utilities because of the rate increase approval it has received. On motion by Councillor J. Ziegler, seconded by Councillor John Smola, it was agreed to add a by- law to the agenda for three readings this date that would transfer the employees, assets, liabilities, rights and obligations of the Kitchener-Wilmot Hydro Electric Commission and of The Corporation of the City of Kitchener in respect of the distribution and retailing of electricity to a corporation and its subsidiary corporations to be incorporated under the Business Corporations Act (Ontario) persuant to Section 142 of the Electricity Act, 1998 (Ontario). Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee be adopted." Mr. B. Stanley expressed concern with the wording of Clause 1 of the report as it relates to specification of a 3:1 slope noting that portions of the berm could be 2:1 so as to gain better land utilization. On motion by Councillor C. Weylie, seconded by Councillor M. Yantzi, it was agreed to amend the wording of Clause 1 so as to provide for the berm to have an average height of approximately 2 metres at a ratio of not less than 2:1. The report was then voted on Clause by Clause. Clause 1 - Carried, as amended. Clause 2 - Carried. Clauses 6, 9, & 10 - Dealt with under Delegations and Carried, as amended. J U LY 4, 2000 COUNCIL MINUTES - 343 - CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway Balance of Report - Carried. Pecuniary Interest and Abstention: Clause 2 - Mayor C. Zehr as a family member is a tenant at 176 Victoria Street North. Mayor Zehr requested this abstention also apply to the June 26, 2000 Planning and Economic Development Committee minutes. "That the report of the Community Services Committee be adopted." Councillor J. Haalboom raised a concern in regard to Clause 5, 6, and 7 of the report and Councillor G. Lorentz noted that the recommendation represented existing policy and was designed to provide some small measure of assistance. The report was put to a voted and Carried. 3. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That the report of the Finance and Administration Committee be adopted," Voted on Clause by Clause Clauses 2 and 3 - Dealt with under Delegations and Carried. Clause 10 - Recommendation redundant and not considered as a new motion was dealt with under Delegations. Moved by Councillor M. Yantzi Seconded by Councillor G. Lorentz Balance of report - Carried. "That the report of the Kitchener Downtown Advisory Committee be adopted." Moved by Councillor John Smola Seconded by Councillor J. Haalboom "That the report of the Public Works and Transportation Committee be adopted." Voted on Clause by Clause. Carried. Balance of report - Carried. Councillor J. Ziegler advised that he had provided members of Council with an e-mail concerning construction noise at the Drewlo Holdings apartment building being erected on Wilson Avenue. He noted that noise arising from a painting process had continued until 9:30 p.m. last night contrary to the Noise By-law and asked that staff meet with officials of Drewlo Holdings to prevent such occurrence in the future. Mr. J. McBride indicated that he would follow-up on this request. Clause 2 - Dealt with under Delegations and Carried. J U LY 4, 2000 COUNCIL MINUTES - 344 - CITY OF KITCHENER Councillor G. Lorentz noted that the Province had just approved the City's new Ward Boundaries for the 2000 Municipal Election and indicated that he had filed his nomination paper as a candidate for re-election as Councillor in the new Forest-Rockway Ward. Councillor T. Galloway pointed out that he had sent an e-mail to members of Council advising that he would propose a motion with respect to the Charitable Bingo industry given that other municipalities without Smoking By-laws were experiencing reductions in Charitable fundraising. Moved by Councillor T. Galloway Seconded by Councillor J. Ziegler "WHEREAS the charitable bingo industry is experiencing severe loss of profits intended for community charitable purposes; and, WHEREAS this loss of profits can be directly tied to the recent opening of Charity Casinos and Racetrack gambling facilities; and, WHEREAS these charities will have to severely restrict their activities or request assistance from their local governments; and, WHEREAS the profits from the new gambling facilities will not adequately respond to these shortfalls; NOW, THEREFORE BE IT RESOLVED that the City of Kitchener petitions the Provincial Government, through the Chair of the Management Board, to initiate a review of the devastating impacts these new gambling operations are having on long-standing charity bingo fundraising, with a view to provide assistance to the affected charities through the distribution of government gambling revenues or other forms of revenue replacement or regulation changes. AND FURTHER, that a copy of this resolution be sent to the Association of Municipalities of Ontario and the Honourable E. Witmer, MPP; W. Wettlaufer, MPP; and, Gerald Martiniuk, MPP." Carried. Councillor M. Yantzi disclosed a pecuniary interest and abstained from all discussion and voting as he is employed by a company which receives funding from organizations using bingos for fundraising purposes. Moved by Councillor C. Weylie Seconded by Councillor John Smola "That an 'Ad Hoc Committee' consisting of: Councillor C. Weylie Brock Stanley Carla Ladd George Borovilos Kevin Eby and/or Eric Hodgins Peter Benninger meet on July 10, 2000, for the purpose of developing a combined City/Regional information letter and invitation to land owners/businesses affected by the Regional Wellhead Protection Strategy." Carried. Mayor C. Zehr advised that Councillor Jake Smola had asked him to relay a request from the Tri-City Vipers Football Club for financial assistance up to $1000. to assist in covering their expenses to participate in the Wilson Challenge Cup July 8 and 9 in Montreal. No action was forthcoming from Council on this request. J U LY 4, 2000 COUNCIL MINUTES - 34,5 - CITY OF KITCHENER Mr. B. Stanley pointed out that Council last dealt with the property standards issues relative to 231 Grand River Boulevard at its June 5th meeting and that with expiry of a 30 day period the City would be in a position to award a tender within 14 days on this matter. He noted that a meeting would be taking place with Legal staff to make final arrangements. Councillor G. Lorentz requested an update on the status of the City's tree trimming program. Mr. D. Daly advised that staff were in the process of summarizing this issue for presentation at the August Community Services Committee meeting. He did note that because of the young age of much of the tree population in the City staff were not caught up in the cutting program. Councillor G. Lorentz requested staff include estimates of what it would take by way of additional effort to eliminate the backlog. At the request of Mr. R.W. Pritchard, Council agreed to the addition of a By-law to amend By-law 94- 101 which regulates traffic and parking as a result of approval of Clauses 5 and 6 of the Public Works and Transportation Committee report this date. He further noted that a By-law with respect to the Hydro transfer had also been added to the agenda for three readings as previously agreed to earlier in this meeting. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to exempt certain lots from Part Lot Control - Blocks 89 and 90, Registered Plan 58M-52 - Hidden Creek Drive and Hollyridge Crescent. (b) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 627610 Ontario Limited - King Street East. (c) Being a by-law to amend By-law 85-1, known as the Zoning By-law (define Biotechnological establishment). (d) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- Canadian Tire Corporation - King Street East. (e) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - WSIB Claims Consultant Inc. - Victoria Street North. (f) Being a by-law to amend By-law 85-1, known as the Zoning By-law for the City of Kitchener - North Estate Farms Ltd. and the Estate of Morton Norris - Bleams Road. (g) Being a by-law to exempt certain lots from Part Lot Control - Block 2 and Part Block 1, Registered Plan 58M-55 -Wake Robin Crescent. (h) Being a by-law to exempt certain lots from Part Lot Control - Block 5, Registered Plan 58M-55 - Wind Flower Crescent. (i) To confirm all actions and proceedings of the Council. (J) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (k) Being a by-law to transfer the employees, assets, liabilities, rights and obligations of the Kitchener-Wilmot Hydro-Electric Commission and of the Corporation of the City of Kitchener in respect of the distribution and retailing of electricity to a corporation and its subsidiary corporations to be incorporated under the Business Corporations Act (Ontario) pursuant to Section 142 of the Electricity Act, 1998 of Ontario. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. J U LY 4, 2000 COUNCIL MINUTES - 346 - CITY OF KITCHENER On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor J. Haalboom as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor J. Haalboom Seconded by Councillor C. Weylie "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." Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) Being a by-law to amend By-law 85-1, known as the Biotechnological establishment). (d) (e) (f) (g) (h) (i) Carried. Being a by-law to exempt certain lots from Part Lot Control - Blocks 89 and 90, Registered Plan 58M-52 - Hidden Creek Drive and Hollyridge Crescent. (By-law No. 2000-112) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 627610 Ontario Limited - King Street East. (By-law No. 2000-113) Zoning By-law (define (By-law No. 2000-114) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- Canadian Tire Corporation - King Street East. (By-law No. 2000-115) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - WSIB Claims Consultant Inc. - Victoria Street North. (By-law No. 2000-116) Being a by-law to amend By-law 85-1, known as the Zoning By-law for the City of Kitchener - North Estate Farms Ltd. and the Estate of Morton Norris - Bleams Road. (By-law No. 2000-117) Being a by-law to exempt certain lots from Part Lot Control - Block 2 and Part Block 1 Registered Plan 58M-55 -Wake Robin Crescent. (By-law No. 2000-118) Being a by-law to exempt certain lots from Part Lot Control - Block 5, Registered Plan 58M-55 - Wind Flower Crescent. (By-law No. 2000-119) To confirm all actions and proceedings of the Council. (By-law No. 2000-120) J U LY 4, 2000 COUNCIL MINUTES - 347 - CITY OF KITCHENER (J) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2000-121 ) (k) Being a by-law to transfer the employees, assets, liabilities, rights and obligations of the Kitchener-Wilmot Hydro-Electric Commission and of the Corporation of the City of Kitchener in respect of the distribution and retailing of electricity to a corporation and its subsidiary corporations to be incorporated under the Business Corporations Act (Ontario) pursuant to Section 142 of the Electricity Act, 1998 of Ontario. (By-law 2000-122) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned. MAYOR CLERK COUNCIL MINUTES J U LY 4, 2000 - 348 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE That the Economic Development Division be directed to ensure the construction of a berm having an average height of approximately 2 metres, at a ratio of not less than 2:1, on the south side of Bleams Road on sites 154, 135 and 132 to be constructed by the City or as a requirement of development. (As Amended) That Zone Change Application ZC O0/06N/ZJ (176 Victoria Street North-WSlB Claim Consultants Inc.), requesting a change in zoning to add Special Regulation Provision 328R to lands zoned Service Commercial Zone (C-6) with Special Use Provision 3U, on lands legally described as Part of Lot 23, Registered Plan 374, be approved in the form shown in the attached "Proposed By-law", dated May 10, 2000, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. That Zone Change Application ZC 00/09/K/GR (925-945 King Street East - Canadian Tire Corporation Limited / Armour Heights Developments Limited), requesting a change in zoning from "Commercial Residential Four Zone (CR-4)" to "Commercial Residential Four Zone (CR-4), Special Regulation Provision 337R", and to "Commercial Residential Four Zone (CR-4), Special Regulation Provisions 1R and 337R", on lands legally described as Part of Lot 25, Registered Plan 404, be approved, in the form shown in the attached "Proposed By-law", dated June 13, 2000, as revised June 26, 2000 to delete Clause 4 of the By-law, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. That Zone Change Application ZC 00/23/TC/BH (City Wide - City Initiated), proposing to define Biotechnological Establishment in Zoning By-law 85-1, and add Biotechnological Establishment as a permitted use in the General Industrial Zone (M-2), Service Industrial Zone (M-3), Heavy Industrial Zone (M-4), Business Park Zone (B-l), Restricted Business Park Zone (B-2), Business Park Service Centre Zone (B-3), and Commercial Business Park Zone (B-4), be approved in the form shown in the attached "Proposed By-law", dated June 14, 2000, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. That Zone Change Application ZC 00/04/K/ZJ (3763 King Street East - 627610 Ontario Limited [Grand Valley Garden Centre]), requesting a change in zoning to add Special Use Provision 277U to lands zoned Service Commercial Zone (C-6) with Special Regulation Provision 1R on lands legally described as Part of Lot 12, Beasley's Broken Front Concession, be approved in the form shown in the attached "Proposed By-law", dated May 17, 2000, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. A That Zone Change Application 97/43/B/LM (Bleams Road - North Estate Farms Ltd. and Estate of Morton Norris) requesting to change the zoning from Agricultural Zone (A-l) according to Zoning By-law 85-1 to Residential Four Zone (R-4) with Special Regulation Provision 286R, Residential Four Zone with Special Regulation Provision 324R, Residential Six Zone (R-6), Neighbourhood Institutional Zone (I-1), and Public Park Zone (P-l) all according to Zoning By-law 85-1, on lands legally described as Part of Lot 1, Registrar's Compiled Plan 1470, be approved in the form shown in the attached "Proposed By-law", dated May 30, 2000, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. J U LY 4, 2000 COUNCIL MINUTES - 349 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE {CONT'D) 6. (Cont'd) That the City of Kitchener pursuant to Section 51(31) of the Planning Act, R.S.O. 1990, c.P. 13, as amended, and Delegation By-law 97-061 of the Regional Municipality of Waterloo, grant draft approval to Plan of Subdivision 30T-97025 in the City of Kitchener for North Estate Farms Ltd., South Estate Farms Ltd. and Estate of Morton Norris, subject to the following conditions: That this approval applies to Plan of Subdivision 30T-97025 for North Estate Farms Ltd., South Estate Farms Ltd. and Estate of Morton Norris as shown on the plan prepared by Richard A. Hardie & Associates, Drawing No. 383-205, dated (revised) May 30, 2000 and as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated May 30, 2000, which shows the following: Stage One Blocks 1 - 3 Blocks 4, 5 maximum 41 units single and semi-detached 0.3 metre reserve Stage Two Blocks 1-5 Blocks 6-9 Block 10 Block 11 Block 12 Block 13 Block 14 Block 15 Block 16, 17 Blocks 18, 19 maximum 224 units single and semi-detached multiple residential school park walkway open space/SWM access storm water management temporary pumping station future development 0.3 metre reserves 2. CITY OF KITCHENER CONDITIONS: That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined in the attached Plan of Subdivision and that the following special conditions be written therein: The Subdivider covenants and agrees: 51. That the final plans for registration shall be prepared in accordance with the attached Plan of Subdivision dated May 26, 2000, provided that plans showing Ioting within any residential block shall be permitted in accordance with Section 62, and/or minor amendments to said plan, acceptable to the General Manager of Business and Planning Services, and not affecting the numbering of any lots or blocks, may be permitted without amendment to this agreement. Any changes affecting the numbering of the lots and blocks shall require an amendment to this agreement to reflect such changes. 52. That the Subdivision may be registered in two (2) stages as follows: a) b) Stage 1 consisting of Blocks 1through 5 inclusive; and, Stage 2 consisting of Blocks 1 through 19 inclusive. 53. That prior to any grading or construction on site or registration of any stage of the plan, the Subdivider agrees to submit a Lot Grading and Drainage Control Plan for the approval of the City's General Manager of J U LY 4, 2000 COUNCIL MINUTES - 350 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 6. (Cont'd) Public Works, in consultation with the City's General Manager of Community Services, the Regional Municipality of Waterloo and the Grand River Conservation Authority. 54. That prior to any grading or construction on site or registration of any stage of the plan, to submit a detailed engineering design for storm water management in accordance with the approved concept plan to be approved by the City's General Manager of Public Works in consultation with the City's General Manager of Community Services, the Regional Municipality of Waterloo and the Grand River Conservation Authority. Said engineering design shall include an erosion and siltation control plan indicating the means whereby erosion will be minimized and silt maintained on-site both during and after grading and construction stages. The Subdivider further agrees to implement all required measures as outlined in the approved final design. 55. That the names of the streets within the Plan shall be those shown on the Plan of Subdivision. 56. That construction traffic to and from the proposed subdivision shall be restricted to using Max Becker Drive to Fischer-Hallman Road and Commonwealth Drive and Isabella Street to Bleams Road. The Subdivider agrees to advise all relevant contractors, builders and other persons of this requirement with the Subdivider being responsible for any signage, where required, all to the satisfaction of the City's Director of Transportation Services. 57. To construct 1.5 metre wide concrete sidewalks along both sides of all streets within the Plan of Subdivision, to the satisfaction of the City's General Manager of Public Works. The Subdivider further agrees to make financial arrangements to the satisfaction of the City's General Manager of Public Works for the installation of a 1.5 metre wide concrete sidewalk along the entire length of Bleams Road abutting the Plan of Subdivision. 58. That a plan showing driveway locations for all lots shall be approved by the City's Director of Planning in consultation with the City's General Manager of Public Works, prior to the issuance of building permits within the Plan of Subdivision. The Subdivider further agrees to pair all driveways for all residential lots with less than 9.0 metres of width which do not use the 0 metre side yard concept within the Subdivision Plan, where possible, in order to maximize on-street parking opportunities and boulevard landscaping areas. 59. That no sewer and water service be installed within 1.5 metres of the centre of a proposed submersible transformer vault or within 0.9 metres of a proposed electrical service stub and that no fire hydrant be installed within 3.0 metres of a proposed street light pole or hydro pole. The Subdivider shall review the Commission's engineering drawings and shall be responsible for ensuring that these separations are maintained. 60. That the five percent parkland dedication required for the entire plan of subdivision, being 0.5777 hectares, shall be satisfied by the conveyance of Block 11 (Stage 2). 61. That prior to the installation of services for the development of Iotless blocks, to submit a draft reference plan for each such lot or block, and obtain approval of the draft reference plan from the City's Director of J U LY 4, 2000 COUNCIL MINUTES - 351 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 6. (Cont'd) Planning and General Manager of Public Works, Engineer. and the Commission's 62. That, within each stage, the final plan for registration shall show all lots intended for development as single detached, semi-detached or duplex dwellings and a Supplementary Agreement, identifying all lots by reference to each affected block as shown n the attached Plan of Subdivision dated May 26, 2000, shall be registered for each stage prior to the registration of each stage of the Plan of Subdivision, but no further Ministerial approval shall be required to facilitate final lotting. This condition shall not apply in the event that the plan is to be registered prior to approval of servicing plans. 63. That the division of any lots or blocks by Part Lot Control shall be subject to compliance with the following requirements: The Subdivider shall submit a draft reference plan for each lot or block, and obtain approval of the draft reference plan from the City's General Manager of Business and Planning Services, the City's General Manager of Public Works and the Commission's Engineer; ii) The Subdivider shall pay all current outstanding taxes prior to the submission of a Part Lot Control Exemption By-law to the City's Council; iii) The draft reference plan approved above shall be deposited in accordance with the Land Titles Act and three copies submitted to the City's General Manager of Business and Planning Services; iv) The Subdivider shall receive final approval of a Part Lot Control Exemption By-law; v) No building permits shall be issued until steps i), ii), iii) and iv) above are completed and the layout shown on the registered reference plan is in compliance with the approved reference plan and the approved servicing and grading plans; vi) any further division of lands to create additional building parcels shall require the submission of subsequent reference plans to be approved in accordance with steps i), ii), iii) and iv) above. vii) Notwithstanding v) above, in the event that only one dwelling is to be constructed on a block in advance of final approval of a Part Lot Control Exemption By-law, in order to ensure that the proper and orderly ultimate development of the block is not compromised, the Subdivider agrees that prior to the issuance of any Building Permits: a) to submit a draft reference plan for each block, showing all required maintenance easements and eave encroachments if the lots or blocks are proposed for zero sideyard housing, and obtain approval of the draft reference plan from the Director of Planning, the General Manager of Public Works and the Commission's Engineer; b) to obtain approval of lotting plans for each lot or block illustrating lotting, service connections, street utility hardware COUNCIL MINUTES J U LY 4, 2000 - 352 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 6. (Cont'd) and proposed grades, together with building envelopes and driveway locations where required, in conformity with the approved draft reference plan as set out above, from the City's Director of Building, Zoning and Inspections. 64. That all zero side yard housing shall provide 1.5 metre wide easements for maintenance and an easement allowing a maximum encroachment of 0.3 metres for eaves. The Subdivider further agrees that the registration of such easements shall occur by way of grants of easement and a reference plan to be deposited at the time of the sale of either the lot granting the easement or the lot to be granted the easement. Prior to the issuance of any building permits the Subdivider shall provide a confirmation letter to the City's General Manager of Business and Planning Services which verifies that the reference plan has been deposited and the easement documents have been prepared, worded and registered to the satisfaction of the City Solicitor. This condition shall be regarded as part of the Minister's draft approval conditions and as such, consent applications shall not be required for the establishment of such maintenance or eave encroachment easements. 65. To identify concrete transit pads at all planned transit stop locations on the engineering servicing drawings, to the satisfaction of the Regional Municipality of Waterloo. The Subdivider shall be responsible for the installation of said concrete transit pads at the time of sidewalk installation within each stage of the Plan of Subdivision, to the satisfaction of the City's General Manager of Public Works. 66. To provide a planting strip having a minimum width of 4.6 metres and a 1.8 metre high chain link fence for all lots abutting Bleams Road (Regional Road 56). Said planting strip is to be developed at the Subdivider's cost in accordance with plans/drawings approved by the City's General Manager of Business and Planning Services, prior to the issuance of any building permits for said lots. Further, said planting strip shall be installed within the affected lots prior to the transfer of title of such lots to the first time occupants, or in the event of winter conditions shall be installed by June 1, immediately following such transfer of title. The Subdivider agrees to attach the approved planting plan to all Offers to Purchase/Agreement of Purchase and Sale of lots in which the required planting strip has not been installed due to winter conditions. Further, if physical noise attenuation barriers are required in accordance with Section 50. above, installation of said barrier shall substitute for the planting strip requirement. 67. That prior to the issuance of any building permits within the plan, and as soon as possible following the placement of the first course of asphalt on a road, to erect temporary street name signs and emergency access signs, in the subdivision, all at the cost of the Subdivider and to the satisfaction of the City's Chief Fire Prevention Officer. 68. That landscape plans of the proposed storm water management facility shall be approved by the General Manager of Community Services and the Grand River Conservation Authority prior to the registration of the plan of subdivision. All such landscaping shall be installed at the Subdivider's cost, in accordance with the approved plan. All landscaping of areas above the 5 year storm level shall be installed during the first planting season after occupancy of the first unit. The remainder of the planting shall commence at such time as required by the General Manager of Parks and Recreation. The Subdivider shall maintain the planting for a period of one year from the completion of final planting. Landscape plans COUNCIL MINUTES J U LY 4, 2000 - 353 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 6. (Cont'd) are to be prepared by an Environmental Professional acceptable to the City. 69. That prior to the Department of Public Works accepting storm water management ponds as shown on the approved landscape plan, the Subdivider agrees to erect one or more information signs at the public access(es) detailing the purpose of the pond, telephone number for further information and any other relevant information, to be approved by the General Manager of Community Services. 70. To obtain from the Grand River Conservation Authority, if necessary, a Fill, Construction and Alteration to Waterways Permit under Ontario Regulation 149 as amended by 69/93 and 669/94, prior to on-site grading, the installation of service and prior to the City's release any stage of the Subdivision Plan for registration. 71. To undertake any measure required to ensure proper water pressure to the proposed development, to the satisfaction of the City's Chief Building Official or the City's General Manager of Public Works. That in addition to the standard requirements and the general conditions outlined above, the following special conditions shall also apply to Stage 1. 72. The registration and development of Stage 1, if not registered and developed concurrently with Stage 2, shall only occur concurrently with or subsequent to the registration and development of both Stage 5 of Draft Plan of Subdivision 30T-95015 (Activa Development Corporation) to the west and the appropriate stage of Draft Plan of Subdivision 30T-96005 (Max Becker Enterprises Limited) to the east to ensure proper servicing and means of access are provided. 73. That, if necessary, the City Solicitor shall arrange for a By-law to be presented to City Council, to open 0.3 metre reserve Block 15 (Stage 5) at the easterly terminus of Max Becker Drive within draft plan of subdivision 30T-95015 (Activa Development Corporation) and the 0.3 metre reserve block at the westerly terminus of Max Becker Drive within draft plan of subdivision 30T-96005 (Max Becker Enterprises Limited), as "public highway", at such time as Stage 1 of this Plan has been registered and Max Becker Drive has been constructed within this plan as well as Draft Plan of Subdivisions 30T-95015 and 30T-96005, has been accepted, and is open to public vehicular traffic to the satisfaction of the City's General Manager of Public Works. 74. That 0.3 metre reserves may be required to facilitate the staging of the plan and all 0.3 metre reserves shall be shown on the final plan(s) for registration. The City shall be responsible for the passing of a by-law opening said reserves as "public highway" following the registration of subsequent stages of the plan, the completion of the road works and the opening of roads to vehicular traffic, to the satisfaction of the City's General Manager of Public Works. Reserves are not required between abutting stages registered concurrently. In addition to the standard requirements and general conditions outlined above, the following special conditions shall apply to Stage 2. 75. That Stage 2 may only be registered concurrently with, or subsequent to, the registration and development of Stage 1. COUNCIL MINUTES J U LY 4, 2000 - 354 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 6. (Cont'd) 76. That further to Condition 72 above, Stage 2 may be registered and developed concurrently with Stage 1, provided such registration and development is contingent upon registration and development of either, Stage 5 of Draft Plan of Subdivision 30T-95015 (Activa Development Corporation), or, Draft Plan of Subdivision 30T-96005 (Max Becker Enterprises Limited), whichever is occurs first. 77. That prior to the registration of Stage 2, the Subdivider shall implement the required permanent Storm Water Management plan as provided for in Section 54 above. The Subdivider further agrees that there shall be one permanent storm water management pond for all the lands within the Middle Strasburg Creek drainage shed, located north of Bleams Road, east of draft plan of subdivision 30T-95015 (Activa Development Corporation), and west of Fischer-Hallman Road. The storm water management pond may be constructed in two stages, to the satisfaction of the City's General Manager of Public Works, to accommodate individual development areas contributing to this facility, provided that a permanent outlet is established with the first stage of the pond. The ultimate storm water management pond for the area shall be located partially within Block 14 (Stage 2) and partially on adjacent lands, within draft plan of subdivision 30T-96006 (Harding, et. al.), with one fixed outlet. 78. To convey to the City of Kitchener, at no cost and free of encumbrance, concurrent with the registration of Stage 2 of the Plan of Subdivision: a) b) c) d) Block 11 (Stage 2) for park purposes; Block 13 (Stage 2) for open space purposes/storm water management access; Block 14 (Stage 2) for storm water management purposes; and Blocks 18 and 19 (Stage 2) for 0.3 metre reserves. 79. To convey Block 15 (Stage 2) for temporary sanitary pumping station purposes, at no cost and free of encumbrance, concurrent with the registration of Stage 2 of the Plan of Subdivision. At such time that Block 15 is no longer necessary due to the availability of the Middle Strasburg Sanitary Trunk Sewer to service the development, the City agrees to re- convey Block 15 (Stage 2) to the Subdivider without cost and hereby declares Block 15 (Stage 2) surplus to its needs. 80. To dedicate to the City of Kitchener free of encumbrance, through plan registration, Block 12 (Stage 2) for public walkway purposes. 81. a) That prior to the issuance of building permits for Stage 2 of the Plan of Subdivision, to provide the physical and financial resources, to the satisfaction of the City's General Manager of Public Works, for the design, construction and ultimate decommissioning of a temporary sanitary sewage pumping station, forcemain and all related appurtenances thereto, including the potential for holding tanks and adequate land area for the pumping station. (b) The Subdivider further agrees that in order to facilitate the ultimate development and sharing of expenses for the sanitary sewage pumping station, forcemain and all related appurtenances, as described in (a) above, that proportional costs for individual benefitting land owners shall be initially estimated on the basis of contributing population, generally as set out immediately below. J U LY 4, 2000 COUNCIL MINUTES - 355 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 6. (Cont'd) This is subject to reallocation of such percentages based on contributing population as determined below: - North Estate Farms Ltd. and Estate of Morton Norris (30T-97025) - 39.4% - Max Becker Enterprises Limited (30T-96005) -41.2% - Harding, et. al. (30T-96006)- 19.4% It is recognized that the sanitary sewage pumping station shall be designed to accommodate future development on the properties at 1193 Westmount Road East (Kieswetter) and 1201 Westmount Road East (Hoekstra) and that in the event that either of these properties develop in the future, the individual landowners shall be required to contribute to the cost on the basis of proportional contributing population and the City will disperse these funds to those three benefiting land owners who have made payment of their proportionate share of the costs in accordance with the said proportions. It is further recognized that the capacity allocation for the proposed public elementary school site will be equally divided amongst the above three benefitting landowners and will be included as part of their committed capacity. At the commencement of detailed design for the pumping station, land owners wishing to benefit from the temporary sanitary pumping station will be required to confirm and declare their specific capacity requirements, within the population limits established by the City of Kitchener. The foregoing requirement to confirm and declare specific capacity requirements is not applicable to Kieswetter and Hoekstra. Their lands will be assumed to require capacity to support the maximum contributing population that can then be generated from such lands based on Official Plan designations applicable thereto at the time of the commencement of the detailed design for the pumping station. The pumping station will be sized and the proportional costs will be assigned on the basis of these committed populations. This allocation of proportional costs shall supercede the estimated percentages set out in the opening provisions of this Condition 81 (b). The proportional costs will initially be divided amongst the three major developers benefiting therefrom as set out above. This is subject to contribution from Kieswetter and Hoekstra as and when their properties are developed as set out above. (c) The Subdivider further agrees that the sanitary sewage pumping station, forcemain and all related appurtenances shall be installed, accepted and fully operational, to the satisfaction of the City's General Manager of Public Works, prior to the issuance of building permits within any stage of the Plan of Subdivision which requires such facilities. Provided however, that conditional building permits may be issued if the sanitary pumping station is substantially complete to the satisfaction of the City's General Manager of Public Works, in which case no occupancy of any dwelling shall be permitted prior to acceptance of said works. (d) The Subdivider further agrees that in the event such facilities have been previously installed as part of the servicing of another contributing property, the Subdivider shall, prior to the issuance of building permits, including conditional building permits, within those COUNCIL MINUTES J U LY 4, 2000 - 356 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 6. (Cont'd) stages of the plan of subdivision which require such facilities, pay to the City of Kitchener his fair share of the final tendered cost of the facilities, in accordance with (b) above. The City shall in turn transfer such funds to the land owner who first provided the facilities. It is recognized that the City of Kitchener shall impose a similar condition in any planning approvals pertaining to other benefitting lands. 82. That Block 10 (Stage 2), together with adjacent lands within Draft Plan of Subdivision 30T-96005 (Max Becker Enterprises Limited) are intended for a future public elementary school site. The Subdivider agrees that no building permits shall be issued for Block 10 (Stage 2) until the Waterloo Region District School Board has either made arrangements to acquire said block or has determined that said block is not required for school purposes. The Subdivider further agrees that, in the event that Block 10 (Stage 2) is not required for school purposes, no building permits shall be issued for said block until the lands have been considered in conjunction with the abutting lands within Draft Plan of Subdivision 30T-96005 and further planning approvals have been received. 83. The Subdivider agrees to fill, compact and grade in both a preliminary and finished form, topsoil and seed/sod Blocks 11 and 13 (Stage 2) to the satisfaction of the City's General Manager of Community Services. Grading plans and implementation within Block 11 and 13 (Stage 2) shall include making grading allowance for 3 metre wide flat areas for future community trail link purposes. All works required of the Subdivider by this section shall be completed in conjunction with the timing of grading of surrounding residential development not to exceed two (2) years from the registration of Stage 2 of the subdivision plan or at any alternate time approved in writing by the City's General Manager of Community Services. 84. To construct a community trail/pedestrian trail within Block 13 (Stage 2) to the satisfaction of the City's General Manager of Community Services prior to the occupancy of dwelling units within Stage 2. It is acknowledged that these works, including design expenses, are included in the City's Development Charge By-law 99-106, as amended, and the City shall be responsible for 100% of the cost of these works. If sufficient money is not allocated from the appropriate City Development Charge Account(s) to permit the City to fund these works and the Subdivider wishes to proceed, the Subdivider agrees to provide and up- front the cost of these works. Accordingly, the City agrees to recognize any monies paid by the Subdivider for any works or services normally paid out of the City's Development Charge Account, with such monies representing a credit towards any City Development Charge payable for each lot or block only within the registered plan. Said credit shall be granted for that portion of the applicable Development Charge with respect to the engineering services required to be paid prior to the issuance of building permits for those lots or blocks identified by the Subdivider and included in a Supplementary Agreement with the City to be registered against the title of each identified lot or block. If the registration of the plan is staged, a Supplementary Agreement identifying each lot or block for which credits are payable shall be COUNCIL MINUTES J U LY 4, 2000 - 357 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 6. (Cont'd) registered for each stage prior to the registration of each stage of the plan of subdivision, until there is no outstanding balance remaining. When no outstanding credit balance remains, then the Development Charges will be paid in the normal manner in accordance with the City's By-law. If, following the registration of the entire plan of subdivision and issuance of all building permits, there is any outstanding balance, it shall remain with the lands to be used as a credit for future development, or alternatively, the City shall enter into an agreement with the Subdivider, under Section 40 of the Development Charges Act, to enable the transfer of Development Charge credits to other benefiting lands within the community, subject to satisfactory arrangements being made between all parties. 85. The Subdivider agrees that access to Block 9 (Stage 2) shall be permitted only from Isabella Street and that no access shall be permitted from Commonwealth Drive. 86. The Subdivider agrees that no building permits shall be issued for Blocks 16 and 17 (Stage 2) until such time as the Grand River Conservation Authority has advised the City's General Manager of Business and Planning Services that the Regional floodlines have been removed, appropriate modifications to the draft approval have been approved by the City of Kitchener and the Regional Municipality of Waterloo, and 0.3 metre reserve Block 19 (Stage 2) has been opened by by-law as "public highway". 87. That notwithstanding Section 79 herein, the Subdivider agrees to convey to the City of Kitchener Block 15 (Stage 2) for temporary sanitary pumping station purposes, together with a blanket easement over all of the subdivision lands for any required servicing, to the City of Kitchener immediately upon the completion of the following: (i) the extension of the sanitary sewer outlet within Draft Plan of Subdivision 30T-96005 (Max Becker Enterprises Limited) to the intersection of Commonwealth Drive and Max Becker Drive; and (ii) notification by the City's General Manager of Public Works that the tender call for the construction of the temporary sanitary pumping station will proceed within 30 days. A transfer/deed for the pumping station lands and a transfer/deed granting a blanket easement with respect to the Subdivider's lands in a form satisfactory to the City of Kitchener will be delivered to the City of Kitchener within 30 days of the applicant receiving draft approval in final non-appealable form provided that in the same time period a transfer/deed granting a blanket easement with respect to the lands of the other two benefiting landowners (Max Becker Enterprises Limited and Harding, et. al.) in a form satisfactory to the City of Kitchener is delivered to the City." 3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS: That the owner agrees to stage the development of this subdivision in a manner satisfactory to the Regional Commissioner of Planning and Culture. COUNCIL MINUTES J U LY 4, 2000 - 358 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 6. (Cont'd) That the plan submitted for final approval shall incorporate a lot pattern for all blocks in which single detached and semi-detached lots are permitted, at a density not exceeding the density identified in the draft approval conditions. a) That the owner enter into an Agreement for Servicing with the Regional Municipality of Waterloo to preserve access to municipal water supply and municipal wastewater treatment services prior to final approval or any agreement for the installation of underground services, whichever occurs first. Where the owner has already entered into an agreement for the installation of underground servicing with the area municipality, such agreement shall be amended to provide for a Regional Agreement for Servicing prior to registration of any part of the plan. The Regional Commissioner of Engineering shall advise prior to an Agreement for Servicing that sufficient water supplies and wastewater treatment capacity is available for this plan, or the portion of the plan to be registered. b) That the owner include the following statement in all agreements of lease or purchase and sale that may be entered into pursuant to Section 52 of the Planning Act, prior to the registration of this plan: "The lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale are not yet registered as a plan of subdivision. The fulfilment of all conditions of draft approval, including the commitment of water supply and sewage treatment services thereto by the Region and other authorities, has not yet been completed to permit registration of the plan. Accordingly, the purchaser should be aware that the vendor is making no representation or warranty that the lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale will have all conditions of draft approval satisfied, including the availability of servicing, until the plan is registered." That the subdivision agreement be registered by the City of Kitchener against the land to which it applies and a copy of the registered agreement be forwarded to the regional Commissioner of Planning and Culture prior to final approval of the subdivision plan. That prior to final approval, the owner shall obtain a Certificate of Approval pursuant to the provisions of Section 9 of the Environmental Protection Act, R.S.O. 1990, as amended for the proposed temporary sewage pumping station located on lands on the south side of Bleams Road, adjacent to this plan. The Certificate of Approval will assess the impact of noise and emissions from the proposed pumping station, and indicate to the Ministry of Environment methods to be used to abate noise and emission levels to meet the guideline requirements for residential lots. The owner shall further agree to enter into an agreement, if necessary, with the City of Kitchener to provide for the implementation of any required attenuation measures stipulated under the Certificate of Approval, prior to the issuance of building permits. That the owner enter into an agreement with the City of Kitchener to include water pressure reduction devices for each dwelling unit constructed below 345 MASL, and include in the offers of purchase and COUNCIL MINUTES J U LY 4, 2000 - 359 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 6. (Cont'd) rental agreements, a clause identifying the presence of the water pressure reduction devices and advising that it not be removed by the owner. That 25 foot daylighting triangles be established at the intersection of Regional Road No. 56 (Bleams Road) and Commonwealth Drive and be dedicated on the final plan as a public highway to the appropriate authority. That the owner obtain a Regional Road Access Permit for the intersection of Regional Road No. 56 (Bleams Road) and Commonwealth Drive. That prior to final approval of Stage 2 of the plan the owner complete a traffic impact study to the satisfaction of the Regional Commissioner of Engineering and the owner further agrees to provide a letter of credit equal to the costs of road improvements identified in the study. 10. That a lot grading and drainage plan and stormwater management report be submitted for approval, for the entire draft plan of subdivision to the satisfaction of the Regional Commissioner of Engineering where lands drain to a Regional facility. 11. That the owner agrees that no development will occur on Blocks 16 and 17 (Stage 2) until such time as the floodlines have been removed and appropriate modifications to the draft approval have been made to the satisfaction of the Grand River Conservation Authority and the Regional Municipality of Waterloo. 12. That the owner enter into an agreement with the Regional Municipality of Waterloo that the residential units constructed on Blocks 1 and 2 (Stage 2) will be constructed with a forced air ducted heating system suitably sized to permit the future installation of a central air conditioning system by the occupants as per the approved noise study prepared by Stantec dated September, 1999. 13. That the owner enter into an agreement with the Regional Municipality of Waterloo for Blocks 1 and 2 (Stage 2), that the following noise warning clause be included in the offers to purchase and rental agreements: "Due to its proximity to Bleams Road, projected noise levels on this property exceed the noise level objectives approved by the Regional Municipality of Waterloo and may cause some concern to some individuals. Moreover, this dwelling unit has been fitted with a forced air- ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupant." 14. That the Noise Study "Estate of Morton Norris and North Estate Farms Limited (30T-97025), Proposed Residential Subdivision Traffic Noise Impact Assessment", by Stantec dated September, 1999, be revised or that a new noise study be completed prior to the issuance of a building permit for Block 16 (Stage 2) to determine mitigative measures including the specific requirement for a noise attenuation wall and to enter into an agreement with the Regional Municipality of Waterloo to implement the recommendations of the study. 15. That the owner enter into an agreement with the Regional Municipality of Waterloo to erect a 1.82 metre high permanent maintenance free fence adjacent to Regional Road No. 56 (Bleams Road) in accordance with COUNCIL MINUTES J U LY 4, 2000 - 360 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 6. (Cont'd) Regional policies and procedures, except where a noise wall may be required as per Condition No. 14 above. 4. OTHER AGENCY CONDITIONS: That prior to any grading or construction on the site and prior to registration of the plan, the owner submit the following plans and reports to the satisfaction of the Grand River Conservation Authority: a) A detailed stormwater management report and plans in accordance with the Ministry of the Environment and Energy planning and design guidelines, the Laurentian West Master Drainage Plan, the Laurentian West Community Plan Environmental Review, the Environmental Implementation Report, and the Preliminary Stormwater Management Report. b) A plan showing the conceptual grading and drainage system including the limits of all grading and drainage as well as existing and proposed grades. c) An erosion and sediment control plan, in accordance with the Grand River Conservation Authority's Guidelines, indicating the means whereby erosion will be minimized and sediment maintained on-site throughout all phases of grading and construction, including maintenance plan and provision for timely revegetation of the site. d) Issuance of GRCA Permit Application 48/99 and/or Permit Application 107/00 pursuant to Ontario Regulation 149 under the Grand River Conservation Authority's Fill, Construction and Alteration to Waterways Regulation in whole or in part as deemed appropriate by Authority staff prior to any grading and/or development of Stage 2 within the floodplain of Strasburg Creek and/or the Strasburg Creek Scheduled Area. That the subdivision agreement between the owner and the City of Kitchener contain provisions for the completion of the works in accordance with the approved plans and reports noted in a, b, c and d. 5. CLEARANCE CONDITIONS: That prior to the signing of the final plan by the City's General Manager of Business and Planning Services, the City of Kitchener is to be advised by the Regional Commissioner of Planning and Culture that conditions 3.1 through 3.15 inclusive have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region shall include a brief statement detailing how each condition has been satisfied. That prior to the signing of the final plan by the City's General Manager of Business and Planning Services, the City of Kitchener is to be advised by the Grand River Conservation Authority that condition 4.1 has been carried out to the satisfaction of the Grand River Conservation Authority. The clearance letter from the Authority shall include a brief statement detailing how the condition has been satisfied. J U LY 4, 2000 COUNCIL MINUTES - 361 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 6. (Cont'd) 6. NOTES: The owner/developer is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality adopted in accordance with the Development Charges Act, S.O. 1989 apply to this draft approval and are to be satisfied as follows: a) Inquiries regarding the application of the Area Municipal Development Charge By-law should be directed to the City of Kitchener. b) In accordance with subsection 5(2) of Regional Development Charge By-law 99-038, as amended, ONE OF THE FOLLOWING OPTIONS CAN BE UTILIZED: at the time of entering into a subdivision agreement with the City of Kitchener, the owner/developer may pay 100% of the "Hard Service" development charge component as calculated in accordance with section 1 of Schedule "C" of By-law 99-038, directly to the Regional Municipality of Waterloo; or ii) prior to entering into a subdivision agreement with the City of Kitchener, the owner/developer may enter into an agreement with the Regional Municipality of Waterloo to defer payment of the "Hard Service" development charge component in accordance with section 2 of Schedule "C" of By-law 99-038. c) The owner/developer is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered in conjunction with a written payment calculation request made under b) above. In addition to the normal registered requirements, this plan must either include or be accompanied by a listing that includes metric area calculations certified by an Ontario Land Surveyor for every lot and block on the plan. The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under the Registry Act. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Department of Business and Planning Services of any changes in ownership, agent and phone number. Most of the Regional Municipality of Waterloo conditions can be satisfied through an agreement. The onus is on the owner to contact Regional staff in writing to request the preparation of such an agreement. A copy of a reference plan showing the lands to be registered that are affected by the agreement and the conditions to be covered by the agreement should be provided. The fees for the preparation and registration of this agreement, payable to the Regional Municipality of Waterloo, are currently $375.00 and $50.00 respectively. The owner/developer is advised that the Regional Municipality of Waterloo has adopted By-law 96-025, pursuant to Section 69 of the Planning Act, R.S.O. 1990, c.P. 13, to prescribe a tariff of fees for application, COUNCIL MINUTES J U LY 4, 2000 - 362 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 6. (Cont'd) recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. The proposed water distribution system meets the definition of a "water works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 52 of the Ontario Water Resources Act prior to the construction of the proposed water supply system. The proponent must ensure that the application for approval of water works, and appropriate supporting information, are submitted to the Ministry of Environment and Energy for approval. The proposed storm water management system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed storm water management system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of Environment and Energy for approval. The proposed sanitary sewage collection system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed sanitary sewage collection system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of Environment and Energy for approval. This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c.P. 13, as amended by S.O. 1996, c.4 (Bill 20). 10. The owner/developer is advised that draft approval is not a commitment by the Regional Municipality of Waterloo to water and wastewater servicing capacity. To secure this commitment the owner/developer must enter into an "Agreement for Servicing" with The Regional Municipality of Waterloo by requesting that the Region's Planning and Culture Department initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of Engineering to service the density defined by the plan to be registered, the owner/developer will be offered an "Agreement for Servicing". This agreement will be time limited, define the servicing commitment by density, use and stipulate that should the "Agreement for Servicing" expire prior to plan registration, a new agreement will be required. The owner/developer is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered along with the written request for a servicing agreement. 11. To ensure final approval prior to year end, it is the responsibility of the owner to ensure that all conditions have been satisfied and the required clearance letter, agreements, mylars, fees and any other required information or approvals have been deposited with the City Planner responsible for the file, no later than December 15th. City staff can not ensure that a plan will be given final approval prior to year end where the owner has failed to submit the appropriate documentation by this date. J U LY 4, 2000 COUNCIL MINUTES - 363 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 6. (Cont'd) 12. When the survey has been completed and the final plan prepared, to satisfy the requirements of the Registry Act, they should be forwarded to the City. If the plans comply with the terms of approval, and we have received an assurance from the Region that the necessary arrangements have been made, the General Manager's signature will be endorsed on the plan and it will be forwarded to the Registry Office for registration. The following is required for registration under the Registry Act and for our use: One (1) original mylar Four (4) mylar copies Four (4) white paper prints (Dealt with under Delegations and Carried, as Amended) That Demolition Control Application DC 00/3/H/ZJ (1547 Highland Road West - York Nursery) requesting approval of the demolition of the vacant single detached dwelling at 1547 Highland Road West, legally described as Part of Lot 38, German Company Tract, more specifically described as Part 1, 58R-2280 be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. That Demolition Control Application DC 00/06/M/BH (24 and 26 Mansion Street - 1340443 Ontario Inc.) requesting approval for the demolition of two single detached dwellings located at 24 Mansion Street and 26 Mansion Street, legally described as Lots 12 and 13, Registered Plan 436, be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. That only the size changes to election campaign signs be approved as outlined in the proposed by-law, dated June 21, 2000 to amend Municipal Code Chapter 680 (Signs), attached to Business and Planning Services staff report BPS-00-068; and further, That no action be taken on changes in the draft by-law that would permit election campaign signs on City rights-of-way and the relevant clauses be deleted from the proposed by-law. (Dealt with under Delegations and Carried, as Amended) 10. That we allow third party signs, such as but not limited to mobile signs or fixed signs with changeable copy, to contain campaign information only during an election campaign, provided such signs are otherwise in general compliance with Chapter 680 (Signs) of the Municipal Code; and further, That staff be directed to undertake the required public notice of Council's consideration of a proposed change in this regard to the Municipal Code. (Dealt with under Delegations and Carried, as Amended) 11. That the 1999 Annual Report of the Department of Business and Planning Services be received and accepted. COUNCIL MINUTES J U LY 4, 2000 - 364 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - That Council acknowledge the contribution of and thank the Country Hills Recreation Association and the Country Hills Optimist Club for their financial contribution to the playground at the Country Hills Community Centre. That chess equipment be purchased and installed under both of the overhangings in Civic Square in the summer of 2000; and, That the City enter in an agreement with the K-W Chess Club under which the City would provide a grant $5,000. to the K-W Chess Club; with the Chess Club utilizing this fund over a two year period to design and implement a chess program and organize two major events; and, That the Mayor and Clerk be authorized to sign an agreement satisfactory to the City Solicitor in this regard; and, That additional City Hall facilities be provided to the Chess Club for four hours every Sunday, free of charge, for casual and tournament play; and further, That classical music be played at Civic Square whenever possible in the summer months to attract people of all ages to Civic Square. That the City of Kitchener's Purchasing Agent be authorized to sign an agreement, in the form as attached to Staff Report CSD-00-041, for Ballet Creole to perform at Kitchener City Hall on Tuesday July 4, 2000, at a cost $1,337. That the two standard performers contract approved by Council in March 1999 be combined into one contract with the same monetary limit of $7,000., with signing authority delegated to the Manager of Purchasing or designate; and, That Council allow modifications to this performer's contract when necessary during Council's summer break, subject to Legal counsel; and, That the Manager of Purchasing be designated to sign contracts generated by performers or their agents providing Legal counsel has be given; and further, That Council allow "vendors" contracts to be developed and signed based on prior approval, proper licensing arrangements and Legal counsel. That King Edward Public School be awarded a one time community playground grant of $750. in 2000 toward construction of a new creative playground within the school campus. That Mackenzie King Public School be awarded a one time community playground grant of $750. in 2000 toward construction of a new creative playground within the school campus. That Trillium Public School be awarded a one time community playground grant of $750. in 2000 toward construction of a new creative playground within the school campus. That Council authorize the Director of Enterprise for the Community Services Department to enter into a partnership agreement and hosting agreement for the C.I.A.U. National Hockey Championship subject to the satisfaction of the City Solicitor; and further, That the partnership agreement be based on sharing the excess revenue or deficit on an equal basis between the four partners: University of Guelph, University of Waterloo, Wilfrid Laurier University and the City of Kitchener. That Council approve of the issuance of an Expression of Interest for architectural services to develop in-depth architectural design drawings and detailed costing analysis on the following projects at the Kitchener Memorial Auditorium Complex as outlined in the Master Site Plan: COUNCIL MINUTES J U LY 4, 2000 - 365 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 9. (Cont'd) 1. Corporate Suites/Hospitality Boxes 2. Rangers Bar and Grill 3. Main Concourse Lounge and Enhance Catering Facilities 4. Improved Site Aesthetics, Parking Lot Upgrades and Lighting; and, That discussion on the following projects be deferred pending further review: 1. Premium Seating 2. Conversion of Office Space to Leased Retail Outlets 3. Roof Top Field House 4. Twin Pad Addition; and That no action be taken on the proposed Sports Gallery/Arcade: and, That staff be directed to pursue partnerships in the development and operation of these facilities, where appropriate; and, That the Facilities Management Division be directed to complete an engineering analysis on the structural integrity of the stadium building and roof loading capacity of the Twin Pads; and, That the estimated cost of $75,000. to complete the various reviews be funded from capital contingency, subject to Council approval through the purchasing process; and, That an over expenditure of $7,047. be approved for the period September 1 to December 31, 2000 for part-time staffing to manage the parking lots and traffic flow during major events; and further, That Council direct the Traffic and Parking Division to prioritize the enforcement of on street parking around the Kitchener Memorial Auditorium Complex during major events. 10. That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor with Bingemans Inc. giving the City of Kitchener a licence for a portion of the Walter Bean Grand River Trail to be established over the property known as Bingeman Park. 11. That Council acknowledge the contribution of and thank the Forest Heights Neighbourhood Association for their financial contribution to the playground at the Forest Heights Community Centre. 12. That Council approve an in-kind grant to a maximum of $600. for Epilepsy Waterloo-Wellington for rental and liability insurance, for their use of space at the Country Hills Community Centre on September 7, 2000, for a fund raising event. 13. That Council approve an in-kind grant in the amount of $657.58 for Kitchener Professional Fire Fighters' Association to assist with their rental costs for the Forest Height Community Centre on December 31, 2000, for the Fire Fighters' Gala Ball. 14. That Council approve an in-kind grant of $510. for the Elizabeth Fry Society for their rental of the Victoria Park Pavilion on May 6, 2001 for a silent and live auction. 15. That Council continue to support the Art Works! Visual Arts Festival with a cash grant of $8,000. in each of 2000 and 2001; with this contribution to be reviewed once the organization receives charitable non-profit status. 16. That the City of Kitchener partner with Kitchener Minor Soccer and Budd Canada to expand the soccer field facilities at Budd Park; and, J U LY 4, 2000 COUNCIL MINUTES - 366 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 1(5. (Cont'd) That the City of Kitchener contribute $125,000. in 2000 and $200,000. in the year 2001 toward the cost of the Budd Park soccer field expansion; and, That the Mayor and Clerk be authorized to sign an agreement with Budd Canada for the lease of the additional Budd Lands required for the expansion; and, That budget forecast and phasing for new soccer fields on City lands at Huron Road and Fischer- Hallman Road be considered during the 2001 Capital Budget Process; and further, That City of Kitchener spend up to a maximum $75,000. of the year 2000 soccer capital allocation to renovate, improve and maximize existing field locations with in the City of Kitchener. FINANCE AND ADMINISTRATION COMMITTEE - That Licensing staff be instructed to give notice of the application of Nina Troezke, to operate an Adult Entertainment Parlour at 1127 King Street East, Kitchener, to Nadia Troezke, prior to the Council meeting of July 4, 2000, and advise that should the application be approved by Council that Council has a policy of attrition that would preclude an application from Nadia Troezka; and, That Council approve the application of Nina Troezke to operate an Adult Entertainment Parlour at 1127 King Street East, Kitchener in 2000; and further, That Nina Troezke be advised that this licence is personal to her only and that if she were to engage a partner the status of the licence would be reviewed at that time as a new application and in accordance with Municipal Code Chapter 505 (Adult Entertainment Parlour). That the City of Kitchener endorse the Homer Watson House Foundation proceeding to negotiate the purchase of 1762 Old Mill Road in order to determine the availability and value of the said property. (Dealt with under Delegations and Carried) That Council approve a Community Development Infrastructure Grant of up to $10,000 for the Street Level Sex Trade Workers' Committee to undertake research related to Crack-addicted Street Level Sex Trade Workers; and further, That an evaluation of the research program be undertaken and the final report prepared for presentation to Council. (Dealt with under Delegations and Carried) That Council adopt the by-laws attached to staff report CRPS-00-028 with respect to repealing and replacing Municipal Code Chapter 539 (Master Electricians) and Chapter 578 (Master Plumbers) and amending Chapter 549 (Itinerant Vendors). That all City facilities having fire alarm equipment be monitored directly by the Fire Department, with trouble and security alarms being routed to other facilities; and, That the capital charges of approximately $25,000. required to convert the in-premise equipment be paid from the Fire Department's allocated pilot capital account; and, That the ongoing charges of $220. per premise, pro-rated for the year 2000, be transferred from the Facilities Management budget to the Fire Department budget; and further, COUNCIL MINUTES J U LY 4, 2000 - 367 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 5. (Cont'd) That the Fire Department be allowed to use the lowest quote to implement this change as soon as possible. That the budget over-run of $164,278. for the construction and move of the Fire Department Headquarters be taken from the Capital Surplus. That the Accounting Division be given approval to hire an additional full-time Accounting Analyst for a two-year contract effective August 1, 2000. That staff prepare a registry for distribution to neighbouring municipalities of all dogs within the City of Kitchener which have been designated as Dangerous; with the following information being included in the registry: the name of the owner, the name, breed, sex and age of the dog, its licence number, its micro-chip number, the date it was deemed dangerous; and, That staff send copies of staff report LEG-00-026 to: the City of Stratford, the City of Guelph, the City of Cambridge, the City of Brantford, the City of Woodstock and the City of Toronto, along with information on how the City of Kitchener designates Dangerous Dogs and encouraging them to apply for their own legislation; and further, That the Association of Municipalities of Ontario be requested to promote a lobby for dangerous dogs. That, notwithstanding the Pit Bull provisions in Chapter 530 (Dogs) of the Municipal Code and Amendments, Council grant the request of John Cocking, Instant Reply Flyball Team, for an exemption to the said Chapter to allow Pit Bulls to compete in the Flyball Tournament to be held in the Berkley Ballroom in Bingeman Park on July 29 and 30, 2000; and further, That the above is subject to the operator's providing the Humane Society, in advance of that show, with a list of the individuals who will be bringing and handling pit bulls, and also that all pit bulls be muzzled and kept on a short leash while outside of the Berkley Ballroom premises at Bingeman Park. 10. That consideration of the emissions at Quantex Technologies Inc. be deferred and referred to the Committee of the Whole meeting to be held on July 4, 2000; and further, That Mr. G. Borovilos and Mr. T. Schmidt attend the July 4, 2000 Committee of the Whole meeting and present a firm action plan. (Recommendation redundant and not considered as a new motion was dealt with under Delegations) 11. That any tax rate increase for the year 2001 be below the projected rate of inflation; and further, That Departments prepare their 2001 budgets accordingly. KITCHENER DOWNTOWN ADVISORY COMMITTEE - That as homelessness is a Regional issue and shelters are only one component of the response to homelessness, the Kitchener Downtown Advisory Committee requests Kitchener City Council to urge the Council of the Region of Waterloo to respond to the Federal Homelessness Initiative and request inclusion in the distribution of the $305-million of Federal money designated for the homelessness, to combat this issue locally. COUNCIL MINUTES J U LY 4, 2000 - 368 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That Council approve the upgrading of electronic parking meters and pay and display equipment to accommodate new coins which are being introduced July 1, 2000, at an unbudgeted cost not to exceed $22,000., to be charged as an over-expenditure to the Parking Meter Maintenance Account. That the public walkway linking Fischer-Hallman Road to Larkspur Crescent directly opposite Forest Heights Collegiate Institute be permanently closed and sold to the abutting property owners, subject to the property owners' agreement; and, That, if the consensus of the abutting property owners does not permit the closure of the public walkway, the walkway be cleared of all growth (trees, shrubs, etc.) and that the City of Kitchener and Waterloo Regional Police continue enforcement of any inappropriate and/or illegal activities within the walkway; and further, That the existing pedestrian signal on Fischer-Hallman Road directly in front of Forest Heights Collegiate Institute remain in its existing location and, should the walkway closure adversely affect pedestrian patterns, that the pedestrian controls be reviewed at that time. (Dealt with under Delegations and Carried) That speeds continue to be monitored on McGarry Drive through the Speed Advisory Program and the Automatic Data Recorders, with results sent to the Waterloo Regional Police Service for enforcement. That Council approve the trail crossing design 'Option C' for all trail crossings, as presented to the Public Works and Transportation Committee at its meeting held on June 26, 2000; and further, That funding be referred to the 2001 Capital Budget Review to consider allocation of $40,500., annually over the next 4 years for the implementation of the recommended treatment 'Option C'. That the on-street parking regulation on both sides of Cedar Street South between Charles Street and Courtland Avenue be converted from 'No Parking Anytime/No Stopping Between 4:30 p.m. - 5:30 p.m.' to 'No Stopping Anytime'; and further, That the Uniform Traffic By-law be amended accordingly. That parking be prohibited anytime on the west side of Old Carriage Drive from Homer Watson Boulevard to a point 110 metres south thereof; and further, That the Uniform Traffic By-law be amended accordingly. That Council enter into a lease with Ziggy Martuzalski for the use of a portion of the land to the rear of 417 King Street West for the purpose of providing monthly parking; and further, That the Mayor and Clerk be authorized to execute any necessary documentation as required by the City Solicitor to effect the lease with Ziggy Martuzalski. 8. That Council adopt, in principle, the results of the Kitchener Parking Signage Study; and, That funds in the amount of $150,000. be referred to the Capital Budget process starting in 2001; and, That alternate materials and minor modifications in design be investigated to minimize or reduce the costs; and, That further review be completed to ensure that the final design and colours be consistent with the developing Corporate design and image; and further, J U LY 4, 2000 COUNCIL MINUTES - 369 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - {CONT'D) 8. (Cont'd) That staff further investigate the possibilities of bringing other program as part of a Parking Facility Standards Program. parking partners into this J U LY 4, 2000 COUNCIL MINUTES - 370 - CITY OF KITCHENER A= B= COMMITTEE OF THE WHOLE 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." REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Licences i) Permanent Vendor/Place of Refreshment Licence It was resolved: "That a year 2000 Permanent Vendor/Place of Refreshment Licence be issued to Derek J. Stewart for a business to be operated at 460 Westheights Drive under the name of 'The Fish Hut'." ii) Provincial Lottery Licence It was resolved: "That the City of Kitchener has no objections to a Provincial Lottery Licence being issued to the Kitchener Waterloo Symphony, 101 Queen Street North, Kitchener, Ontario N2H 6P7 to conduct a Raffle Lottery (value of prizes $71,800) on February 24, 2001 at The Centre in the Square in the City of Kitchener, which will also include a series of "Early Bird" draws." iii) Massagist Licence- New It was resolved: "That the following massagists employed at 1127 King Street E., Kitchener, be granted a Massagist licence for the year 2000: Nina Troezka Maria Mulhall Fana Cepovski." - and - "That Janet Gojmerac, employed at 2271 Kingsway Dr., Kitchener, be granted a Massagist licence for the year 2000." 2. Do,q Designation Appeal Decision It was resolved: "That the June 21, 2000 decision of the Dog Designation Appeal Committee regarding an appeal filed by Shawn Metzinger, wherein the Committee affirms the Prohibited Dog designation, be ratified and confirmed." 3. Consultant Hirinq - Job Rankinq System (CUPE Local 68) It was resolved: "That an Expression of Interest be requested for an independent consultant to develop and implement a job ranking system for CUPE Local 68 positions." J U LY 4, 2000 COUNCIL MINUTES - 371 - CITY OF KITCHENER B= COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 4. Community Use of Schools - Waterloo Reqion District School Board It was Councillor G. Lorentz's view that recent discussions with the School Board respecting community use of school facilities had been worthwhile since they resulted in development of a few test cases that had similarity to the previous Reciprocal Use Agreement. Councillor T. Galloway considered Councillor Lorentz's comments to be somewhat optimistic and stated that it was his view that the School Board was taking this opportunity to make an issue of funding reductions imposed by the Province. He commented that he felt the City was keeping its part of the former Reciprocal Use Agreement. Mayor C. Zehr briefly summarized the contents of a letter from Mr. J. Hendry which deals with the effects of Bill 74 on school operations. It was resolved: "WHEREAS the Waterloo Region District School Board (WRDSB) has withdrawn from the Community Use of Schools Agreement; and, WHEREAS the discussion at a recent informal meeting of Kitchener Council and the WRDSB indicated a willingness to explore new opportunities of cooperation; NOW THEREFORE, BE IT RESOLVED that Council direct staff to work with the Waterloo Region District School Board staff to explore new methods which would allow community use of schools outside of normal school hours." It was resolved: "That we support the Waterloo Region District School Board's position in its response to the Province as to the effects of Bill 74 with regard to the matter of community use of school facilities and the negative impact on residents arising from the legislation; and further, That Mayor C. Zehr be authorized to convey the City's view in writing to the Honourable Janet Ecker, Minister of Education." 5. Various Tenders The tenders were dealt with under Delegations. 6. Consultant Hirinq - Or.qanizational Review - Fire Department It was resolved: "That an Expression of Interest be requested for an independent consultant to conduct an operational review of the Fire Department, with this review to be in general accordance with the terms of reference outlined in the memorandum of B. Kuntz, dated June 20, 2000." 7. Emissions - Quantex Technoloqies Inc. This item was dealt with under Delegations. 8. Memorandum of Understandinq - Ontario Business Connects This item was dealt with under Delegations. J U LY 4, 2000 COUNCIL MINUTES - 372 - CITY OF KITCHENER B= COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 9. Request to Expand Outdoor Patio - 85 Kinq Street West It was resolved: "That the request of Dandy's Restaurant for permission to expand its outdoor patio to the curb of King Street for Cruise Night, July 14, 2000, be approved as outlined in correspondence from G. Bardounioti, dated June 15, 2000." 10. Request to Locate on City Property to Distribute Food Mr. R.W. Pritchard advised that a request had been withdrawn relative to the International Gospel Centre seeking permission to locate at Speakers Corners for the purpose of distributing food to the homeless and needy as they were now going to accommodate this undertaking within the Church property. 11. Set Fines for Chapter 530 (Dogs) It was resolved: "That Council approve the increase in set fine amounts with respect to the charges from Chapter 530 - Dogs of the Municipal Code, as set out in Schedule "A"; and, That the set fines, included in Schedule "A", be adopted for recommendation to the Chief Judge of the Ontario Court of Justice; and further, That these set fines come into force and effect on the date set out in the Order of the Chief Judge of the Ontario Court of Justice." 12. Raylene Drive Fencinq This item was dealt with under Delegations. 13. Permission to Sell Raffle Tickets It was resolved: "That the City of Kitchener has no objection to The Cedarbrook Society, 229 Niagara Street, Toronto, Ontario, M6J 2L5, being granted permission to sell tickets in the City of Kitchener for a raffle draw to be held on October 16, 2000, the draw to be held at 39 Commissioner Street, Toronto, Ontario." 14. Transfer Aqreement - Kitchener-Wilmot Hydro Assets This item was dealt with under Delegations. 15. Surplus Land Sale - Madison Avenue South It was resolved: "That vacant surplus property comprising of approximately 3,000 square feet and reserving an 11 foot wide easement in favour of the City be sold for the sum of $3,000., reference plan and legal costs to Robert and Michelle Freele, owners of adjacent land described as 193 Madison Avenue and part of Lot 3, Registered Plan 368; and further, That the Mayor and Clerk be hereby authorized to execute documents relating to the sale, as approved by the City Solicitor." COUNCIL MINUTES J U LY 4, 2000 - 373 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 16. Renewal of Lease with Y.W.C.A. - YW City Kids Daycare It was resolved: "That the Mayor and Clerk be authorized to execute an agreement to renew a lease dated May 12, 2000 with the YWCA to extend the lease for YW City Kids Daycare at City Hall until August 31,2003." 17. Condition of Boulevard - 82 Third Avenue Councillor J. Ziegler requested this issue be considered this date and circulated pictures of the property at 82 Third Avenue. He noted that there are no curbs on the boulevard portion of Third Avenue and the homeowner had placed landscaping rocks along the boulevard. Staff have requested the property owner remove the landscaping rocks from the boulevard no later than July 17, 2000, and restore the boulevard to its original grass condition. Mr. J. McBride advised that the Department of Public Works had concerns with this matter in respect to winter maintenance and liability and suggested that if Council was inclined not to require removal of the rocks, that an encroachment agreement be entered into to recognize the situation. Councillor T. Galloway commented that more and more property owners are landscaping their boulevards and questioned if the City was receiving an increased number of complaints. Mr. McBride pointed out that staff do not have a problem with property owners who replace boulevard turf with ground cover but do become involved in instances where bushes or other physical obstructions are placed on the boulevard. On motion by Councillor J. Ziegler - it was resolved: "That staff be instructed not to enforce City regulations with respect to the privately installed landscaping rocks located on the boulevard portion of 82 Third Avenue; and further, That the Mayor and Clerk be authorized to execute an Encroachment Agreement prepared by the City Solicitor with respect to this matter." 18. Council Deleqates to the Association of Municipalities of Ontario Conference It was resolved: "That Mayor C. Zehr and Councillors G. Lorentz and B. Vrbanovic be appointed as voting delegates for the City of Kitchener to the 2000 Association of Municipalities of Ontario Conference." 19. Municipal Access Aqreement with G.T. Group Telecom Services Corporation The Committee considered Legal Department report LEG-00-035, dated June 30, 2000, from J. Shivas. It was resolved: "That the Mayor and Clerk be authorized to execute the Municipal Access Agreement dated June 23, 2000, between the City and G.T. Group Telecom Services Corp. to permit fibre-optic cable to be installed on city road allowances." COUNCIL MINUTES J U LY 4, 2000 - 374 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 20. Refreshment Stand Licences The Committee considered Corporate Services and City Clerks Department reports CRPS-00-0040 and CRPS-00-041, both dated July 4, 2000, from J. Koppeser. It was resolved: "That 'The Colette Willson Fund', Kitchener, be granted permission to operate a refreshment stand at Sears Automotive, Fairway Rd., Kitchener, on July 8, 2000, provided the necessary Licence and Health approvals are obtained." - and - "That the Fairway District Girl Guides be granted permission to operate a refreshment stand at the Goodwill Store, 1348 Weber Street East, Kitchener, on July 22, 2000, provided the charitable refreshment stand licence fee of $10. be applicable and the necessary Licence, Health and Fire approvals are obtained." 21. Request for Hot Doq Cart on Kinq Street on July 14, 2000 The Committee considered Corporate Services and City Clerks Department report CRPS-00-042 dated July 4, 2000, from J. Koppeser. It was resolved: "That the request of Elizabeth Dimos to operate a Hot Dog Cart on King Street during the Cruise Night Event on July 14, 2000, be approved, provided the necessary Special Event Licence, including Health and Fire approval, is obtained; and further, That proof of Public Liability Insurance, naming the City as an additional insured, be provided to the Licence Office." 22. Appointment to Fill Vacancy - Safe City Committee The Committee was in receipt of a memorandum dated July 4, 2000, from Ms. L. Korabo. It was resolved: "That Michelle Smith be appointed to the Kitchener Safe City Committee for a term expiring on November 30, 2000, and to fill the vacancy resulting from the resignation of Michael Murtagh." 23. Compliance with Deed Restrictions and Consent to Lease and Mortqa.qes - 100 Washburn Drive The Committee was in receipt of Legal Department report LEG-00-034, dated July 4, 2000, from J. Shivas. It was resolved: "That subject to obtaining an occupancy permit, the City consent to a lease from 1090504 Ontario Limited to Mitchell Plastics Ltd.; a collateral mortgage from 1090504 Ontario Limited to RoyNat Inc. and a mortgage of the lease from Mitchell Plastics Inc. to RoyNat Inc. for the property described as Part 1 on Plan 58R-9683 and Part 1 on Reference Plan 58R-11564, municipally known as 100 Washburn Drive, Kitchener; and further, COUNCIL MINUTES J U LY 4, 2000 - 375 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 23. Compliance with Deed Restrictions and Consent to Lease and Mortqa.qes - 100 Washburn Drive - (Cont'd) That subject to obtaining an occupancy permit, the City confirm that as of July 4, 2000 that portion of 100 Washburn Drive described as Part 1 on Plan 58R-9683 complied with the restrictions set out in a Schedule to Instrument No. 1255409." 24. Union Boulevard Reconstruction - Land Purchase from Clarica The Committee considered Legal Department report LEG-00-036, dated July 4, 2000, from Messrs. G. Melanson and H. Gross, respecting the purchase of a parcel of property along Union Boulevard. Councillor T. Galloway questioned why the City did not acquire the property during the site plan process relative to the redevelopment of Clarica's parking lot. Mr. J. Shivas advised that the property may be located on the opposite side of the street from the parking lot and Mr. B. Stanley agreed to investigate the matter and advise City Council directly. It was resolved: "That staff be directed to purchase the property along Union Boulevard from Clarica (approximately 2854.6 square feet) necessary for the reconstruction work scheduled for the summer of 2000 for $28,546.; and further, That the Mayor and Clerk be authorized to sign the necessary documentation, all subject to preparation of the appropriate documentation approved by the City Solicitor."