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HomeMy WebLinkAboutCouncil Minutes - 1994-05-09COUNCIL\1994-05-09 COUNCIL MINUTES MAY 9, 1994 CITY OF KITCHENER The Council of the Corporation of the City of Kitchener met this date with all members present. On motion by Councillor J. Smola, the minutes of the regular meeting held on April 25, 1994 and special meetings held May 2 and 4, 1994, as mailed to the Mayor and Councillors, were accepted. A. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (1) Letter dated April 19, 1994 from Mr. Janko Peric, M.P., Cambridge, supporting Council's resolution of March 28, 1994 regarding proposed elimination of VIA Rail service in the Toronto-Kitchener-Sarnia route. He will address this issue with the Minister of Transport and work with the Minister's office toward maintaining this route. (2) Letters from the Village of Watford, Towns of Strathroy, St. Maws and the City of Brampton also endorsing Council's resolution. Letter from the Town of Halton Hills acknowledging receipt and filing same. Mr. Dave Smith, General Manager, and Mr. Russell Lovie, Board Chairman, appeared on behalf of Project Lift Inc. and in support of the recommendation in Item 10 of the Committee of the Whole agenda concerning a proposed amendment under the Hi.qhway Traffic Act. The amendment to Regulation 629 would involve a minimum aisle width which would have the effect of reducing seating capacity on Iow floor buses from 38 to 34 seats, would reduce the City's ability to carry the ambulatory disabled and to meet the needs of an aging population, and would increase the future costs of transit service. Mr. R. Lavoie referred to a letter dated February 14, 1994 from the Ontario Urban Transit Association to the Minister of Transportation expressing concern over the proposed amendment to Regulation 629. Mr, Lavoie suggested that the proposed standards were not intended for application to full size transit buses, and referred to several European countries who have successfully transported wheel chairs on conventional buses. He suggested that there should be no amendment to the Regulations without a demonstrated benefit. Mr. Lavoie commended the City for its initiative in purchasing Iow floor buses and asked that they make these available to the disabled community as soon as possible. He advised that special transit services cannot keep up with increasing demand and indicated Project Lift's support for the Transit Associations's position on an amendment to Regulation 629. Moved by Councillor J. Ziegler Seconded by Councillor C. Weylie "WHEREAS Kitchener Transit has extensive experience with conventional Iow floor buses serving the residents of Kitchener and Waterloo; AND WHEREAS the Ministry of Transportation has proposed an interim amendment to Regulation 629 under the Highway Traffic Act; AND WHEREAS the existing regulation was designed for small vehicles providing specialized door-to-door service and not for buses in conventional transit service, yet it applies to all buses in its present state; AND WHEREAS the provisions of the proposed interim amendment have not yet been properly studied or tested, although the ministry is committed to doing a full technical review starting immediately. AND WHEREAS the provisions of the proposed interim amendment related to aisle width would result in a further loss of vehicle seating capacity and would thus impose unnecessary hardships for people with ambulatory disabilities; AND WHEREAS the proposed interim amendment would impose unnecessary and unaffordable extra cost on municipalities and the province as well as unworkable impacts on transit operations; THEREFORE, BE IT RESOLVED that the Association of Municipalities of Ontario be asked to MAY 9, 1994 COUNCIL MINUTES - ~40- CITY OF KITCHENER endorse the position of the Ontario Urban Transit Association that Regulation 629 under the Highway Traffic Act not be amended as proposed by the Ministry of Transportation, but rather that it be amended to unconditionally exempt transit buses used in conventional transit services from its provisions until the completion of the planned provincial technical review; AND FURTHER, that this endorsement be communicated to the Minister of Transportation." Carried. Councillor G. Lorentz welcomed the leaders and members of the 32nd Kitchener Scout Group who were in attendance this date. Mr. Brent Clarkson, MacNaughton Hermsen Britton Clarkson Planning Limited, appeared in support of clause 1 of the May 2, 1994 Planning and Economic Development Committee report dealing with the redesignation of lands in the Gateway Business Park. Council was in receipt of correspondence in this regard from Mr. Clarkson dated April 13 and May 3, 1994. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler That clause 1 (May 2, 1994) of the report of the Planning and Economic Development Committee of this date be adopted. Carried. Mr. Stephen Kay, Kay Reisler, appeared concerning clause 2 of the Finance and Administration Committee report of this date which recommends the execution of a new licensing agreement relative to the property at 39 Misty Street. Mr. Kay enquired as to whether the deck at the rear of the property would be included in the proposed licensing agreement, and after reviewing the motion, indicated that it was satisfactory. Moved by Councillor C. Zehr Seconded by Councillor J. Smola That clause 2 of the report of the Finance and Administration Committee of this date be adopted. Carried. Mr. Mel Code appeared on behalf of Dr. Stephen Code to request that Council reconsider clause 1 of the Public Works and Transportation Committee report of this date which recommends no action on a request for a $1,500 refund relative to the installation of a new sidewalk across the frontage at 1188 Ottawa Street South. Mr. Code explained that through a Development Agreement, Dr. Code was required to pay $2,850 for the installation of a new sidewalk across the frontage of his clinic and two additional building lots. He pointed out that other property owners in the area were not asked to pay for the installation, and suggested that the City has an obligation to consider the circumstances and to treat Dr. Code the same as other residential neighbours. Accordingly, he asked that Council reverse the $1,500 sidewalk charge relative to the Optometry clinic only, noting that this would be both fair and reasonable. Councillor T. Galloway noted that most of the other properties on the street had not contributed to the sidewalk cost and that 1188 Ottawa Street South should also have been exempted. He also noted that Dr. Code has successfully converted a heritage home into a medical office, at perhaps a greater cost than to demolish and rebuild. Councillor M. Yantzi pointed out that there was redevelopment of the site for business purposes, and suggested that the City may have been too generous in exempting other land owners from the sidewalk charge. In response to a question from Councillor C. Zehr, Mr. Code verified that the cost of the sidewalk in front of the severed lots was paid by Dr. Code. Councillor G. Leadston suggested that the Local Architectural Conservation Advisory Committee (L.A.C.A.C) had been forceful in encouraging preservation of the building and that Dr. Code had demonstrated a strong spirit of co- operation and had undertaken numerous improvements. Councillor M. Wagner clarified that Dr. Code briefly considered, but did not pursue, designation of the property under the Ontario Heritaqe Act and that development took place without the involvement of the Local Architectural Conservation Advisory Committee. COUNCIL MINUTES MAY 9, 1994 - 941- CITY OF KITCHENER Moved by Councillor J. Smola Seconded by Councillor M. Wagner That clause 1 of the report of the Public Works and Transportation Committee of this date be adopted. Councillor G. Lorentz offered the opinion that under the circumstances, charging Dr. Code makes little sense since due to its transit policy, the City would have constructed the sidewalk if the property was vacant. He added that Dr. Code deserves credit for his redevelopment and preservation efforts and that the City should refund the $1,500 as requested. Councillor T. Galloway added that in most cases developers seek to maximize the development potential of land, whereas in this case Dr. Code took pains to preserve the site at a lower density. The previous motion by Councillor J. Smola, seconded by Councillor M. Wagner to adopt clause 1 of the Public Works and Transportation Committee report was voted on and Lost. Moved by Councillor T. Galloway Seconded by Councillor G. Lorentz That Dr. Stephen Code be given a refund in the amount of $1,500 relative to the cost of installing a new sidewalk across the frontage of his Optometry Clinic at 1188 Ottawa Street South. Carried. Ms. C. Ladd spoke to the April 25, 1994 deferral of the Zone Change and Subdivision Applications for lands owned by Forwell Limited to allow staff to meet with residents and clarify information pertaining to the proposed development. She advised that on April 27 approximately 350 letters were hand delivered to homes in the area and a meeting was held on May 2, 1994 which was attended by approximately 70 residents. At that time staff made presentations along with the developer's consultants. Ms. Ladd gave a summary of the information presented to the residents at that time and clarified that the subdivision was developed in accordance with standard Planning and Development Department practices. She also explained the circumstances and planning considerations surrounding the woodlot preservation issue. Ms. Ladd pointed out that a plan was submitted in 1989 but did not go before Council until 1994, largely due to tree saving discussions. She stated that where residential subdivisions of this type are involved, the Department routinely exceeds the legislated requirements relative to public notice and also inserts a standard clause in the agreement limiting any statements by the developer relative to the development of adjacent lands. Ms. Katherine Bitzer appeared relative to the Zone Change and Subdivision Applications of Forwell Limited, listed as clause 1 (April 18, 1994) on the Planning and Economic Development Committee report of this date. Ms. Bitzer indicated that she is a student at Grand River Collegiate and expressed concern over how loss of the woodlot would affect students. She pointed out that the woodlot provides an opportunity for first-hand learning and athletic activities and is used on a daily basis. Ms. Bitzer presented a petition opposing the subdivision plan which she indicated contains approximately 450 signatures. She asked that Council vote against the proposed plan in order to allow further investigation and discussion. In response to a question from Councillor T. Galloway, Ms. Bitzer advised that she is principally concerned with the upland hardwood forest as opposed to the immature pine plantation. Ms. Gordana Stojakovic appeared concerning the Forwell Limited Subdivision Application and its impact on the pine plantation. She pointed out that the plantation is important beyond its recreational use and acts as a natural buffer between the Breslube recycling facility and nearby residential areas. She questioned why Natchez Woods was designated a sensitive area and the pine plantation was not. Mr. T. Clancy responded that the plantation is a reforestation monoculture, whereas Natchez Woods is more diverse and contains certain types of plants which in part qualify it as an environmentally sensitive area. Ms. Tammy Botter appeared concerning the Forwell Limited Subdivision Application and its impact on the upland hardwood forest. She clarified that area residents are not concerned over the pine plantation, but are opposed to the loss of the hardwood forest. Ms. Botter referred to statements in the new Official Plan on the preservation of woodlands and wetlands and asked that Council demonstrate this commitment beginning with the upland hardwood forest on the Forwell Limited lands. COUNCIL MINUTES MAY 9, 1994 - 242- CITY OF KITCHENER Ms. Shannon Botter appealed to Council, asking that the forest not be destroyed and submitted letters written by her class at Canadian Martyrs School. Ms. Beverly Martin appeared in opposition to the Plan of Subdivision submitted by Forwell Limited on the basis that it would have an adverse impact on the hardwood forest. She acknowledged that approximately 25% of the developer's lands will be saved for public parks and an additional 25% designated as neighbourhood institutional. She commended the Planning and Development Department on their efforts to date, but indicated that a greater percentage of the woodlot should be saved on the basis of its functional, aesthetic and environmental value. She noted that preservation of such resources is in large part due to previous appeals to Council from concerned residents. Ms. Martin read section 3.7.5 of the Grand River North Community Plan adopted by Council which indicates a commitment to acquiring the "steep slopes north of Blue Springs and west of Forwell Road," and asked whether Council had changed its mind. She suggested that this slope is a valuable part of the ecosystem and is as deserving of funding as a City Hall or an Arts Centre. Ms. Martin stated that at present over 60% of the woodlot will be demolished which is unacceptable and is not in the best interests of the City. In response to a question from Councillor M. Yantzi, Ms. Martin indicated that she hopes that Council will save as much of the woodlot as possible, and certainly more than is proposed. Councillor Yantzi commented that Council is obliged to make decisions which are fair to all parties, including developers, and asked whether a policy requiring dedication of more than 50% of the lands for development would be fair. Ms. Martin replied that, if necessary, the City could purchase the land to ensure its preservation, since the community values the woodlot. Mr. Ted Gray appeared in opposition to the Subdivision Application of Forwell Limited and indicated that he is submitting approximately 60 additional petition signatures from area residents who are opposed to the destruction of the woodlot. He advised that residents have provided suggestions for compromise including the alternate development of Block 63 rather than Block 1. He questioned why taxpayers who have made presentations are being ignored and implied that Council has already made its mind on the issue. Mr. Gray elaborated on the benefits of the woodlot and stated his opposition to the Subdivision Plan in its present form. Councillor M. Wagner indicated that Council is interested in what residents have to say, but has an obligation to balance the overall needs of the City against those of individual ratepayers or interest groups. He also noted that consideration of the Subdivision Application was deferred in order to allow further submissions from the residents and developer. Councillor G. Lorentz referred to a similar issue involving Waldo Woods where approximately 80% of the woodlot was retained. Councillor T. Galloway noted that in the past, residents had been principally concerned with destruction of the pine plantation and asked for clarification in this regard. Mr. Gray replied that his concern extends to both the pine plantation and the hardwood forest and noted that the former is adjacent to his residence. He added that if forced to choose between the two he would rather see the hardwood forest preserved. Councillor B. Stortz pointed out that in the past, residents had criticized the process followed in development of the site, and asked whether they are now satisfied that appropriate steps have been taken. Mr. Gray responded that he and other residents understand the process, but do not agree with the outcome. Mr. Paul Dietrich appeared on behalf of Hallman Rosedale Limited, a developer owning lands adjacent to the Forwell site, and advised that as soon as the Forwell plan is approved the Keewatin Avenue Extension will be completed by his client. Mr. Dietrich explained that in response to certain traffic issues previously raised, he wished Council to be assured of his client's intentions. Ms. Beverly Martin questioned Mr. P. Dietrich as to the proposed grading of Knollwood Street and Mr. Dietrich replied that the grading of all lots along the wooded edge would allow their development in rear rise fashion. He noted that in some cases retaining walls would be installed to save trees, but that the grade must meet normal engineering standards for roadways. He stated that grading near the wooded area will not impact the trees behind Knollwood Street. Mr. Bernie Hermsen, MacNaughton Hermsen Britton Clarkson Planning Limited, appeared on behalf of Forwell Limited concerning their Zone Change and Subdivision Applications. He advised that the Subdivision originally proposed would have resulted in a much greater reduction of the woodlot, but due MAY 9, 1994 COUNCIL MINUTES - 943- CITY OF KITCHENER to concerns raised by residents, the layout was redesigned and submitted in its present form. He noted that the revised plan creates a greater opportunity for tree saving along the western and southern face of the woodlot, but has also resulted in an above average number of one-sided streets and the loss of approximately 600 feet of developable frontage. Mr. Hermsen explained that Block 63 was chosen for parkland dedication on the advice of the City's Parks and Recreation Department since it exhibits a high level of regeneration, is on an elevated portion of land including a landscaped ridge, and that it ties into the community Parks Plan and Open Space Network. He added that as a result, the ridge will remain and the need for grading has been greatly reduced. Mr. Hermsen expressed the opinion that City staff have made the right recommendation. Councillor M. Wagner enquired as to the general cost of purchasing the developable remnant of the hardwood forest. Mr. John Doherty, Gowling, Strathy & Henderson, appearing on behalf of Forwell Limited, advised that the exact cost would have to be determined, but could be in excess of $1,000,000. Councillor T. Galloway asked whether Mr. Hermsen could estimate the percentage of trees saved as a result of multiple block versus cul-de-sac development. Mr. Hermsen replied that cul-de-sac development would likely have resulted in few if any trees being saved, whereas cluster housing allows the designation of approximately two acres along with other specific tree saving opportunities. Councillor Galloway enquired whether there was an opportunity for alternate lotting arrangements involving manipulation of the fill line and Mr. Hermsen replied that it was his opinion the fill line was relatively inflexible. Councillor C. Zehr noted that approximately half of the 29 acre site has already been dedicated to woodland preservation or parkland dedication. In response to a further question, Mr. Hermsen estimated that approximately 75% of the upland hardwood forest is on the Forwell property with the remaining 25% on the adjacent lands. Councillor B. Stortz enquired as to the environmental value of the woodlot and Mr. Hermsen replied that based on the environment consultant's report there appears to be no significant or rare species involved. Mr. Brad Bricker, Ecoplans Limited, appeared in his capacity as an environmental consultant and confirmed that during the course of surveys no significant species had been identified. He described the subject lands as an isolated edge woodlot which is not large enough to provide significant habitat, but has diverse ground flora. He offered the opinion that the present plan retains a good balance of existing species and ground flora. Councillor G. Lorentz enquired whether as an alternative, the homes in Block 1 could be backlotted. Mr. B. Hermsen replied that in order to do this, lots would have to intrude further into the woodlot due to grading requirements. Mr. J. Doherty suggested that the Subdivision Plan has been carefully developed and offered the opinion that on balance the proposal represents sound and good planning, and on this basis asked for Council's approval. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler That the report of the Planning and Economic Development Committee (April 18, 1994) of this date be adopted. A recorded vote was requested. Councillor T. Galloway asked whether staff have fully considered any development potential on the Grand River Conservation Authority lands and Ms. C. Ladd replied that there is no potential in this area. Councillor Galloway asked whether opportunities for higher density have been investigated and Ms. Ladd replied that this has been carefully considered, but the capacity of the sanitary sewers is limited. Councillor Galloway asked whether in the past two or three years the City has purchased other woodlots under similar circumstances. Mr. T. Clancy replied in the negative, indicating that the City's normal practice is to obtain concessions in the form of dedications. Councillor M. Wagner noted that purchase of the lands in question would increase the general tax levy by approximately 2%, adding that Council is not in a position to undertake all of the projects it would like to and control expenditures at the same time. He referred to a previous report identifying ten similar MAY 9, 1994 COUNCIL MINUTES - 944 - CITY OF KITCHENER woodlots and the cost of preservation, adding that a question in this regard could perhaps be placed on the ballot for the upcoming election. Councillor C. Zehr noted that with respect to the Forwell Subdivision the City is purchasing approximately 5% of the total acreage and is receiving an additional 45% in the form of parkland dedication. He also pointed out that at present the City is not dealing with the adjacent lands which include the remainder of the hardwood forest, and asked that staff be aware of the concerns expressed this date when dealing with the related subdivision application. Councillor G. Leadston offered the opinion that in light of the cost to purchase lands for preservation, the proposed plan is a reasonable compromise. Councillor J. Ziegler acknowledged the residents frustration over the process and as an example of Council acting pro-actively in this area, cited the recent West Side Study which identifies and requires the preservation of woodlands. He added that other areas of the City are subject to the Official Plan and that these lands were purchased on the basis of their development potential, with the City having a responsibility to respect the property values of both developers and City residents. He pointed out that in the Hidden Valley area approximately 40 acres have been preserved as environmentally sensitive and that the City had been successful in negotiating a reduction in the density of development on the remainder of the lands. The motion by Councillor C. Weylie, seconded by Councillor J. Ziegler to adopt the report of the Planning and Economic Development Committee (April 18, 1994) was voted on and Carried Unanimously. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler That the report of the Planning and Economic Development Committee (May 2, 1994) of this date be adopted. Voted on clause by clause. Clause 1 - Dealt with under Delegations and Carried. Balance of Report - Carried. Recorded conflict of interest and abstention: Clause 10 - Councillor M. Yantzi concerning the appeal with respect to 152 Homewood Avenue, as his personal residence is located in the vicinity of the Victoria Park Neighbourhood Plan. Moved by Councillor G. Lorentz Seconded by Councillor B. Stortz That the report of the Community Services Committee of this date be adopted. Carried. Moved by Councillor C. Zehr Seconded by Councillor J. Smola That the report of the Finance and Administration Committee of this date be adopted, Voted on clause by clause, Clause 2 - Dealt with under Delegations and Carried. Balance of Report - Carried. Moved by Councillor J. Smola Seconded by Councillor M. Wagner That the report of the Public Works and Transportation Committee of this date be adopted. MAY 9, 1994 COUNCIL MINUTES -245- CITY OF KITCHENER Voted on clause by clause. Clause 1 - Dealt with under Delegations and Motion Lost. Balance of Report - Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler That Tim McCabe be appointed to the position of General Manager of the Department of Planning and Development, and further, That Brock Stanley be appointed to the position of Assistant General Manager of the Department of Planning and Development. Carried Unanimously. Councillor J. Ziegler referred to previous correspondence from Mr. J. Wallace concerning claims of misrepresentation by developers which advised that it is not the City's responsibility to deal with complaints of fraud. Councillor Ziegler suggested that a guideline could be developed referring anyone with a complaint to a source where they can obtain additional information or pursue the matter further. Councillor J. Ziegler referred to an application for a building permit by the owner of the Wagon Wheel Flea Market, 75 Ardelt Avenue, and correspondence from Mr. T.B. Stanley, indicating that the City must await expiry of a 30-day appeal period before issuing the permit. Mr. J. Witmer clarified that a permit cannot be issued until all applicable laws have been complied with and generally referred to instances in the past where failure to do so has created problems. Councillor Ziegler asked that staff investigate whether the appeal period is considered part of compliance and asked whether under the circumstances, the developer could not proceed, with work being stopped in the event an appeal is lodged. Mr. J. Shivas advised that the City should await expiry of the appeal period, noting a difference between new construction and assuming risk on a building which has already been constructed. He offered the opinion that compliance with applicable laws has not been met until the appeal period has expired. Councillor Ziegler argued that the building has already been constructed, and questioned whether the installation of easily removable partitions would allow issuing the permit in this instance. He also asked for further research, specifically as it relates to whether the City has the authority to issue a permit if the owner is willing to assume any risks associated with construction. Councillor G. Leadston suggested that Council should expedite the process of opening the business in question. Mr. J. Shivas pointed out that to be lawfully in business the proposed use must be permitted and that in passing a by-law, the City has done what it can to expedite the process. He suggested that the owner may not want to start construction in the event the proposed use is ruled against as the result of an appeal, and that on this basis it is prudent to wait out the appeal period. Councillor G. Leadston referred to a staff memorandum concerning installation of a new tree in front of the City Hall and asked whether a suitable plaque or certificate of appreciation has been contemplated. Mr. T. Clancy replied that this has not been done to date, but would be once the tree is in place. Councillor Leadston asked whether any additional security measures had been proposed to deter vandalism and Mr. Clancy replied in the negative. Mr. T. McKay added that additional video cameras had been discussed, with this option discarded due to the cost. Councillor G. Leadston suggested a meeting between appropriate City departments to provide clearer direction to the owner of MacDonald Aluminium who wishes to open a discount sports retail outlet using existing vacant space. He also referred to confusion arising as a result of a request to locate a chip wagon, noting that the individual applying had received differing interpretations of the zoning by-law from staff. Mr. T. McKay responded, indicating that staff would investigate the issues. Councillor C. Zehr referred to recent information received by the Association of Municipalities of Ontario concerning municipal road subsidies. Mr. J. Gazzola advised that the City has received a final 1994 allocation in the amount of $3,330,000, which is approximately $86,000 less than the amount indicated in the Capital Forecast. He added however, that in the past the City has not used the entire allotment and should be able to accommodate the reduction. Councillor C. Zehr referred to correspondence received by the City Clerk from the Waterloo County Board of Education dated May 5, 1994 confirming that their Management Committee opposes the MAY 9, 1994 COUNCIL MINUTES -~46- CITY OF KITCHENER permanent closure of Heritage Drive, but supports reopening of the roadway with appropriate traffic control measures. It was also noted that subject to determining the feasibility and benefits of a bus bay and/or drop off area on Montcalm Street, the Board is prepared to consider a cost-sharing arrangement with the City in the 1995 budget year. Councillor Zehr asked that staff research the Board's statement and follow-up with respect to the cost-sharing option. Councillor C. Zehr referred to an event and petition organized the two local citizens in opposition to the proposed cancellation of VIA rail service to the City. Moved by Councillor C. Zehr Seconded by Councillor M. Wagner That staff allow petitions opposing the proposed cancellation of VIA rail service to the City of Kitchener to be displayed in City facilities until June 9, 1994. Carried. Councillor J. Smola referred to a proposed lawn bowling layout which he indicated has been marked off for viewing by Council prior to May 16, 1994. Mayor D.V. Cardillo asked whether funding is available to extend the project and Mr. T. Clancy recommended that the City undertake construction of the first phase only and allow the lawn bowling club to proceed with the second phase. Mr. T. McKay added that the Club is also responsible for maintenance of the green, and that an extension of the project would also increase these costs. Councillor M. Wagner advised that the Canadian Curling Association Hall of Fame Committee will meet in Kitchener on the weekend of May 14, 1994 to consider possible use of the former Land Registry Building at 122 Frederick Street. He added that he has no details as to the strength of their interest, but is aware they have completed various impact studies. Councillor B. Stortz asked whether the Committee will view other possible sites in the City, and Councillor Wagner replied that he was not aware of their plans other than that they intend to view the Registry Building. MOTION TO RECONSIDER Moved by Councillor M. Yantzi Seconded by Councillor T. Galloway That this Council reconsider its March 7, 1994 decision to deny the request of CKWR-FM for an in-kind facilities rental grant totalling $425.04 relative to the use of Victoria Park Pavilion on March 18, 1994. Carried Unanimously. Moved by Councillor M. Yantzi Seconded by Councillor T. Galloway That Council approve the request of CKWR-FM for an in-kind facilities rental grant in the amount of $425.04 relative to use of Victoria Park Pavilion on March 18, 1994. Councillor B. Stortz enquired whether Councillor M. Yantzi's interpretation of the grant policy was correct and Mr. T. McKay replied in the affirmative. The previous motion by Councillor M. Yantzi, seconded by Councillor T. Galloway to award an in-kind facilities rental grant to CKWR-FM was voted on and Carried Unanimously. At the request of Mr. R.W. Pritchard, Council consented to the addition of three by-laws to the agenda for three readings this date. The first by-law would temporarily close a portion of Manor Drive for a street party and the second and third by-laws amend By-laws 4830 and 85-1 relative to the Forwell Road/Keewatin Avenue Extension Subdivision. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi That leave be given the Mover and Seconder to introduce the following by-laws, namely: MAY 9, 1994 COUNCIL MINUTES -~47- CITY OF KITCHENER (a) (b) (c) (d) (e) (f) (g) Being a by-law to close Kilkerran Crescent between Biehn Drive and Kilbirnie Court to vehicular traffic on a temporary basis for social, recreational, community or athletic purposes Being a by-law to repeal By-law 94-54 - Tagge Street To further amend By-law 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities To confirm all actions and proceedings of the Council Being a by-law to close Manor Drive between Lewis Crescent and Lewis Crescent to vehicular traffic on a temporary basis for social, recreational, community or athletic purposes Being a by-law to amend By-law 85-1 Forwell Limited - Forwell Road/Keewatin Avenue Extension - No.89/05/F/CL Being a by-law to amend By-law 4830 known as the Zoning By-law - Forwell Limited - Forwell Road/Keewatin Avenue Extension- No. 89/05/F/CL and that the same be taken as read a first time and stand referred to the Committee of the Whole. Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor D.V. Cardillo appointed Councillor J. Smola as chairman. On motion, the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the chair. Moved by Councillor J. Smola Seconded by Councillor G. Leadston That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed. Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) Being a by-law to close Kilkerran Crescent between Biehn Drive and Kilbirnie Court to vehicular traffic on a temporary basis for social, purposes Being a by-law to repeal By-law 94-54 - Tagge Street recreational, community or athletic (By-law No. 94-82) (By-law No. 94-83) To further amend By-law 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities To confirm all actions and proceedings of the Council (By-law No. 94-84) (By-law No. 94-85) MAY 9, 1994 COUNCIL MINUTES - ~48- CITY OF KITCHENER (e) (f) (g) Being a by-law to close Manor Drive between Lewis Crescent and Lewis Crescent to vehicular traffic on a temporary basis for social, recreational, community or athletic purposes (By-law No. 94-86) Being a by-law to amend By-law 85-1 Forwell Limited - Forwell Road/Keewatin Avenue Extension - No.89/05/F/CL (By-law No. 94-87) Being a by-law to amend By-law 4830 known as the Zoning By-law - Forwell Limited - Forwell Road/Keewatin Avenue Extension- No. 89/05/F/CL (By-law No. 94-88) be taken as read a third time, be finally passed and numbered serially by the Clerk. Carried. On motion, the meeting adjourned. MAYOR CLERK PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (APRIL 18, 1994) - 1. A. That the "Grand River North Community Plan" be revised as follows: a) That a new section be added to the Grand River North Community Plan immediately following the existing section 3.9 as follows: 3.10 "Nei,qhbourhood Institutional" 3.10.1 That Neighbourhood Institutional uses be located as shown on Map A. This allows such uses as schools, churches, day care, small residential care facilities, and one and two family residential. 3.10.2 That despite the designation of Neighbourhood Institutional on lands located on the east side of the Keewatin Avenue extension adjacent to the Open Space area, Iow rise multiple residential shall also be permitted in order to encourage maximum retention of the existing trees. b) "That Map "A", Grand River North Community:Secondary Plan, be revised to redesignate a 2.2 hectare parcel of land from "Low Density Residential" to "Neighbourhood Institutional" as shown on the map attached." It is the opinion of this Committee that the approval of this revision to the Community Plan is proper planning for the City. That Zone Change Application 89/5/F/CL requesting a change in zoning from Township Agriculture (Twp. A.) and Gravel Pit (Twp. GP) according to By-law 878A and Semi- Restricted Residential (R2B) according to By-law 4830 to Restricted Residential (R2A) with special regulations and Semi-Restricted Residential (R2B) with a restriction of use and special regulations, and Park, Public Open Space (P) according to By-law 4830; and Neighbourhood Institutional (I-1) with a special use provision and Hazard Land (P-3) according to By-law 85-1, on Part of Lot 121, German Tract Company, be approved in the form shown in the "Proposed By-laws, both attached dated March 23, 1994 subject to the Subdivision Conditions contained in recommendation C): It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with the City's Approved Official Plan. That Subdivision Application 30T-89003 (Forwell Ltd.) be recommended to the Regional Municipality of Waterloo for draft approval, subject to the following conditions: That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined on the attached Plan of Subdivision and that the following special conditions be written therein. The Subdivider covenant and agrees: 50. That the final plans for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated 93 06 16 providing that minor amendments to said plans, acceptable to the Commissioner of Planning and Development and not affecting the numbering of lots or blocks may be permitted without an amendment to this agreement. 51. The Subdivision may be registered in three (3) stages, with Stage 1 consisting of Lots 1 - 45 both inclusive and Blocks 45 - 74 both inclusive; Stage 2 shall consist of Blocks 1 - 3 inclusive and Stage 3 shall consist of Block 1 all as shown on the Plan of Subdivision attached hereto. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (APRIL 18, 1994) - 1. (Cont'd) 52. To submit a Lot Grading and Drainage Control Plan for the approval of the Commissioner of Public Works, in consultation with the City's Department of Parks and Recreation, the Regional Municipality of Waterloo, the Grand River Conservation Authority, and the Ministry of Natural Resources, with the same plan to be approved by those affected agencies prior to registration of each stage of the Subdivision Plan. COUNCIL MINUTES MAY 9, 1994 - 250- CITY OF KITCHENER COUNCIL MINUTES MAY 9, 1994 - 250- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 53. That prior to any grading or construction on the site to submit for the approval of the Commissioner of Public Works, in consultation with the City's Department of Parks and Recreation, the Regional Municipality of Waterloo, the Grand River Conservation Authority, and the Ministry of Natural Resources, a detailed engineering design for storm water management in accordance with the approved concept plan. Said engineering design shall include an erosion and siltation control plan indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction. The Subdivider further agrees to implement all required measures as outlined in the approved final design. 54. That the street names of the Streets within the entire Plan of Subdivision shall be approved by City Council prior to any registration of the subdivision plan, which shall include approval, in principle, by Council of the renaming of Forwell Road from the northerly limit of this Plan of Subdivision to its' terminus south of Ottawa Street North. 55. To convey to the City of Kitchener the following lands for the purposes stated therein, at no cost and free of encumbrance, concurrently with the registration of Stage 1 of the subdivision plan: a) Block 65 for storm water management purposes; b) Blocks 69 - 74 for 0.3 metre reserves. Should Draft Plan of Subdivision 30T-89021 be registered immediately consecutive with this plan, the 0.3 metre reserve Block 69 shall not be required; c) Block64for hazard lands. 56. To convey to the City of Kitchener, free of encumbrance, Block 63 for park purposes. That as part of the conveyance of Block 63 to the City, the City of Kitchener agrees to pay to the Subdivider market value for the lands over and above the 5% park dedication as required under The Planning Act being the amount of 0.41 hectares. The City will purchase the excess parkland through the Park Trust Fund Account at the fair market value to be determined by the City's Land Purchasing Officer and agreed to by the Subdivider. The City shall pay the Subdivider the required value at the time of the release of Stage 1 of the Plan of Subdivision for registration. 57. To dedicate, by plan registration, to the City of Kitchener the following lands for the purposes stated therein: a) Blocks 66 and 67 (Stage 1) for public walkway purposes; b) Block 68 (Stage 1) as a road widening for Street One (Forwell Road). 58. To construct 1.5 metre concrete sidewalks along both sides of Street One (Forwell Road), Keewatin Avenue and Street Two; the southerly side of Street Four to connect to the trail within Block 63, and the northwesterly side of Street Five to Street One. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (APRIL 18, 1994) - 1. (Cont'd) 59. The Subdivider agrees to install a boundary identification system along the lot lines which abut Blocks 63 and 64 (Stage 1) at such time required by and to the satisfaction of the MAY 9, 1994 COUNCIL MINUTES - 251- CITY OF KITCHENER COUNCIL MINUTES MAY 9, 1994 - 251- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL General Manager of Parks and Recreation. Further, the Subdivider agrees to include a statement advising of the fencing and marking system requirement in all Offers to Purchase and Agreements of Purchase and Sale for the Blocks and Lots affected by this clause. 60. That construction traffic to and from the proposed subdivision shall be restricted to Keewatin Avenue to Lackner Boulevard or prior to the opening of Keewatin Avenue construction traffic shall use Victoria Street to Forwell Road provided appropriate measures are taken to prevent through traffic southerly on Forwell Road. All construction traffic shall be prohibited from using internal residential streets in the existing community. 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 Director of Traffic and Parking Services. 61. In consideration of the wooded character of portions of this Subdivision and the City's desire to minimize the impact of development on certain treed areas worth saving, the Subdivider agrees to comply with the following two-step process in the development of the subdivision. a) Prior to the City releasing each stage of the Subdivision Plan for registration, the Subdivider shall submit the proposed Grading Control Plan for the approval of the General Manager of Parks and Recreation in consultation with the Department of Planning and Development. This approval shall be in addition to the Commissioner of Public Works' approval required by Clause 36(b) of this agreement and the City agrees to co-ordinate engineering and tree saving objectives between the relative City Departments in order to reach a satisfactory Grading Control Plan. Plans submitted to the City's General Manager of Parks and Recreation shall show: Existing and proposed grade elevations; ii) Indication of ground water and surface drainage; iii) Description of soil characteristics; iv) Delineation of "work zones"; being defined as areas to be disturbed due to area/rough grading, cut and fill,installation of roads and services or construction vehicle access. v) Location and description of tree protection measures to be implemented around specified work zones. The Subdivider agrees that no tree removal for road construction or any grading within the subdivision shall occur until such time as all protection measures, including the installation of a 1.2 metre high temporary snow fence is erected along the boundary of trees affected by such construction or grading have been implemented to the satisfaction of the Department of Planning and Development. The Subdivider shall be responsible for installing appropriate signs every 45 metres noting that there shall be no dumping or removal of trees within this area. The Subdivider shall be responsible for the removal of all materials dumped into this area and the temporary fencing shall be removed following the completion of all construction within the development Stage area. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (APRIL 18, 1994) - 1. (Cont'd) vi) Location of proposed stockpiles of excavation materials. MAY 9, 1994 COUNCIL MINUTES - 252- CITY OF KITCHENER COUNCIL MINUTES MAY 9, 1994 - 252- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL b) Prior to the Subdivider applying for or being issued any building permit for any particular Lot or Block containing trees worth saving as shown on the Grading Control Plan approved by the City's General Manager of Parks and Recreation, a Tree Saving/Site Plan for the particular lot or block shall be submitted to and approved by the Department of Planning and Development: Said Plan shall show: Delineation of "work zones"; being defined as areas to be disturbed due to site/final grading, excavation,installation of services or construction vehicle access. ii) The approximate location, size, species and condition of all existing trees greater than 10 cm DBH which are located within a 6.0 metre band around the defined work zones. iii) Indication of which trees are to be saved within the 6.0 metre band around the work zones, such trees being tagged or similarly identified in the field by the Subdivider. iv) Location, description of trees protection measures to be implemented around each particular lot around the work zones. The Subdivider agrees to implement at his cost, the approved protection measures prior to any site grading, excavation, or construction occurring on the particular lot or Block. v) The location of buildings, driveways and walkways. vi) Existing and proposed elevations. vii) Location of proposed stock piles of excavation materials. c) The Subdivider agrees to develop the subdivision in accordance with all approved plans and agrees that no trees shall be removed from the subdivision lands except those trees approved for removal as shown on the Grading Control Plan approved by the General Manager of Parks and Recreation or as shown on the approved Tree Saving/Site Plan(s) without the permission of the City. Further, the Subdivider agrees to provide the relevant builders and prospective purchasers a copy of the Grading Control Plan approved by the General Manager of Parks and Recreation and a copy of the approved Tree Saving/Site Plan (s) where applicable. 62. To obtain from the Grand River Conservation Authority, as required, a Fill, Construction and Alteration to Waterways Permit under Ontario Regulation 154/86. Such permit shall be obtained prior to any on-site grading, the installation of services or prior to the City's release of each stage of the Subdivision Plan for registration purposes. 63. To construct a temporary turning circle to City Standards on Lots 31 and 32 (Stage 1) and Block 58 (Stage 1) as shown on the attached subdivision plan, until such time as Street One is extended through the adjacent lands to the north in Draft Plan of Subdivision 30T- 91005 and open to vehicular traffic. Said turning circle shall be designed, constructed and ultimately removed to the satisfaction of the Department of Public Works. No building permits shall be issued for Lots 31 or 32 or Block 58 until such time as the temporary turning circle has been removed or determined by the City's Department of PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (APRIL 18, 1994) - 1. (Cont'd) MAY 9, 1994 COUNCIL MINUTES - 253- CITY OF KITCHENER COUNCIL MINUTES MAY 9, 1994 - 253- CITY OF KITCHENER 64. 65. 66. 67. 68. 69. 70. 71. 72. REPORTS ADOPTED BY COUNCIL Public Works not be required. In the event Street Five is constructed, a temporary turning circle shall not be required, however no building permit shall be issued for Lot 32 until such time as Street One is extended into the adjacent lands to the north in Draft Plan of Subdivision 30T-91005 and the driveway for Lot 31 shall be developed on the east side of said lot. That Blocks 50, 58, 59 and 60 (Stage 1) shall only be used as lot consolidations with adjoining blocks in Draft Plan of Subdivision 30T-91005 (Sandra Springs Park Ltd.). No building permits shall be issued for Blocks 50, 58, 59 and 60 until the title has been consolidated with the respective lots/blocks in such adjacent plan. That Lot 45 and Blocks 51 - 56 (Stage 1) inclusive shall only be used as lot consolidations with adjoining blocks in Draft Plan of Subdivision 30T-89021 (Hallman-ldlewood Ltd.). No building permits shall be issued for Lot 45 and Blocks 51 - 56 inclusive until the title has been consolidated with the respective lots/blocks in such adjacent plan. That Lot 33 and Block 57 shall only be used as a lot consolidation with the adjacent future lot to be created within Block 61. No building permits shall be issued for Lot 33 and Block 57 until title has been consolidated with respective adjacent lot. To pair all residential driveways for all single detached housing with less than 9.1 metres of lot width within the plan, where possible, in order to maximize on-street parking opportunities and boulevard landscaping areas. In this regard, prior to the issuance of any building permits for such housing within the subdivision, the Subdivider is required to submit a plan showing lotting, building envelopes, and driveway locations to be approved by the City's Director of Development. The Subdivider acknowledges that immediately subsequent to the construction and opening of the Keewatin Avenue extension to vehicular traffic between its existing terminus in Registered Plan 1718 to Lackner Boulevard, that it is the City's intention that Forwell Road at the northerly limit of the plan of subdivision be closed. In this regard, no building permits are to be issued for Lots 1, 2, and 3 or Blocks 48 and 49 (Stage 1) until such time as the closure of Forwell Road is complete. Further, the Subdivider shall be responsible for physically closing Forwell Road at the limit of the plan of subdivision and constructing a dual purpose emergency access/walkway to the satisfaction of the City's Department of Public Works. That in addition to the standard servicing requirements and responsibilities outlined in this Agreement, the Subdivider agrees to pay to the City its fair share of the actual cost of the Ottawa Street Trunk Sanitary Sewer, as determined by and to the satisfaction of the City's Commissioner of Public Works, prior to the registration of any stage of the Subdivision Plan. To upgrade to full municipal standards, Street One (Forwell Road) along its entire frontage abutting the plan of subdivision to the satisfaction of the City's Department of Public Works. The City agrees that the City Solicitor shall arrange for the passing of a By-law opening the 0.3 metre reserve Block 86, R.P. 1718 as "Public Highway" at a timing approved by the Commissioner of Public Works. The City agrees that immediately subsequent to the opening of Street One to vehicular traffic, the redundant portion of Forwell Road from Street Five to new Street One shall be closed by By-law. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (APRIL 18, 1994) - MAY 9, 1994 COUNCIL MINUTES - 254 - CITY OF KITCHENER COUNCIL MINUTES MAY 9, 1994 - 254- CITY OF KITCHENER 1. (Cont'd) REPORTS ADOPTED BY COUNCIL 73. That the development of future single detached residential lots within Lots 1, 2, and 3 and Blocks 48 and 49 (Stage 1) are to be facilitated through consolidation with the proposed closure of the existing portion of Forwell Road which bisects these future lots and the consolidation of the Blocks and proposed closed portion of Forwell Road and development of these lots will be done in the following sequence: a) The Subdivider agrees to be responsible for the costs and preparation of a Reference Plan depicting the development of the 19 single family residential lots consisting of Lots 1, 2, and 3 and Blocks 48 and 49 and that portion of existing Forwell Road to be closed and that portion of the dual purpose walkway/emergency access to be opened; b) The Subdivider also agrees to be responsible for the preparation of a grading plan for the lands to be consolidated to be approved by the Commissioner of Public Works; c) The Subdivider shall submit a draft Reference Plan to the Department of Planning and Development for examination and endorsement; d) The Subdivider agrees to deposit the endorsed Reference Plan under The Registry Act; e) Subject to the receipt of the Reference Plan and completion of Street One being open to vehicular traffic, the City Solicitor shall arrange for a Road Closing By-law for that portion of Forwell Road to be closed and a By-law to open that portion of the dual purpose walkway/emergency access outside the existing Forwell Road right-of-way; f) The City of Kitchener will convey the portion of Forwell Road closed to the Subdivider at no cost for consolidation with the abutting blocks; g) The Subdivider agrees to apply for a Part Lot Control Exemption By-law or to the Committee of Adjustment for consent for the proposed closed portion of Forwell Road with said parts of the reference plan to be consolidated with the abutting lots and blocks as depicted on the Plan of Subdivision Map attached. 74. The Subdivider agrees to deed to the City of Kitchener, at no cost to the City and free of encumbrance, Block 64 (Stage 1) for open space/hazard land purposes immediately subsequent to the registration of Stage 1 of the subdivision subject to an agreement being entered into at the time of the deed transfer all to the satisfaction of the City Solicitor. Said agreement shall specify that the Subdivider maintains the right to extract mineral aggregates should a deposit be found on the subject lands. In this regard, the agreement shall hold the City harmless during the period of aggregate extraction and that although the deed for Block 64 may have been delivered and registered, the City shall not take possession of the said Block before the completion of gravel extraction and rehabilitation as determined by the Ministry of Natural Resources. 75. Immediately subsequent to the registration of the Plan of Subdivision, the City agrees to convey Blocks 61 and 62 (Stage 1) to 225516 Ontario Limited in accordance with Clause 71 in Instrument Number 1031715. Block 60 may be further subdivided in which case the City agrees to the passing of a Part Lot Control Exemption By-law to facilitate such further lotting. 76. That Block 62 (Stage 1) shall only be used as a lot consolidation with Block 1 (Stage 3). No building permits shall be issued for Block 1 until title has been consolidated for Blocks 1 (Stage 3) and Block 62 (Stage 1). PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (APRIL 18, 1994) - MAY 9, 1994 COUNCIL MINUTES - 255- CITY OF KITCHENER COUNCIL MINUTES MAY 9, 1994 - 255- CITY OF KITCHENER 1. (Cont'd) REPORTS ADOPTED BY COUNCIL 77. That the Subdivider acknowledge that as part of the site plan control approval for Block 1 (Stage 3), storm water management will be required in addition to the storm water management provisions approved for this plan of subdivision. It is the opinion of this Committee that the approval of this application is proper planning for the City. That the implementing Zoning By-law for Zone Change Application 89/3/F/CL (Forwell Ltd.) not be presented to City Council until Subdivision Application 30T-89003 has received Regional Draft Plan Approval and the Region of Waterloo has approved the revisions to the Grand River North Community Plan whereupon the amending Zoning By-law shall be presented to Council for all three readings. Alternatively, three readings of the amending zoning by-law may be given if the City Clerk is presented with a letter from the Regional Municipality of Waterloo advising that the Region has no objections to the passing of the By-law. (Dealt with under delegations and Carried Unanimously). PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (MAY 2, 1994) - That Council approve the reports entitled "Review of Traffic Implications from a Proposed Retail Development at the Northeast Corner of King Street/Tu Lane Intersection, City of Kitchener" prepared by the BA Group and "Retail Impact Study Gateway Business Park Lands near Highway 8 and Highway 401" prepared by Malone Given Parsons, and further, That the lands outlined on Map 1 attached to Staff Report PD 94/39 be designated Highway Commercial on Map 5 of the New Municipal Plan approved by resolution of Council on March 29, 1994. Dealt with under Delegations and Carried. That Planning/Traffic Staff investigate parking regulations with a view to upgrading the parking requirement for retail warehousing type businesses and report at a future meeting of the Planning and Economic Development Committee. That PD 87/87 "Highland West Community Plan", as amended by PD 91/92 and PD 104/92, be revised as follows: a) That Map B, Land Use Plan, be revised for two parcels from "Multiple Residential" to Low Density Residential, as shown on "Map B" attached, and titled "Revised Highland West Community Plan", dated revised April 14, 1994. It is the opinion of this Committee that the approval of this revision to Community Plan is proper planning for the City. That Council agree to the request of Cybau Holdings Inc. to revise Plan of Subdivision 30T-88033, subject to execution and registration of a Supplementary Subdivision Agreement to the agreement registered as Instrument Number 1191604, with said supplementary agreement amending the subdivision agreement as follows: 1) That the date referenced in Clause 51 be amended from "Revised February 17, 1993", to "Revised April 14, 1994". COUNCIL MINUTES MAY 9, 1994 - 256- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (MAY 2, 1994) - 3. (Cont'd) 2) That Clause 56 be amended to make reference to two additional street names as shown on the plan of subdivision and named as follows: Jacqueline Place Michelle Court 3) That Clause 57 be amended such that all references under Sta,qe 3 be deleted and replaced with the following: "Blocks 14, 15 and 16 for 0.3 metre reserves" 4) That Clause 57 be amended such that all references under Sta,qe 4 be deleted and replaced with the following: "Block 16 for a 0.3 metre reserve" 5) That Clause 57 be amended such that all reference under Sta,qe 5 be deleted and replaced with the following: "Block 3 for a 0.3 metre reserve" 6) That Clause 60 be amended such that reference in line 3 to "Block 4 (Sta,qe 4)" be deleted and replaced with "Lots 5 to 8 inclusive (Stage 4)" 7) That Clause 63(b) be amended such that all reference under Sta,qe 3 be deleted and replaced with the following: "Lots 1 to 11 and Block 12" 8) That Clause 63(b) be amended such that all reference under Sta,qe 4 be deleted and replaced with the following: "Lots 1 to 15 inclusive" 9) That Clause 66(e) v) be amended such that all reference to "Blocks 3 and 4 (Sta,qe 3)," be deleted and replaced with the following: "Block 14 (Stage 3)" 10) That Clause 66(k) be changed such that reference in line 3 to "Block 2", be changed to "Block 13", and reference in line 7 to "Block in Stage 3", be changed to "Lots or Block in Stage 3". 11 That Clause 66(I) be deleted and replaced with the following: "That as part of the development of Stage 3 to construct a temporary turning circle to City standards on the easterly part of Block 2 (Stage 5), as shown on the Seventh Schedule attached hereto. Said turning circle shall be designed, constructed and ultimately removed to the satisfaction of the City's Department of Public Works." 12) That Clause 67 be changed such that reference after the fourth line to the following be added "Lots 1 to 11 (Stage 3)", and that the reference in line 5, be changed from "where possible in Lots 1, 2 and 3, (Stage 4 ) to, "where possible in Lots I to 15 inclusive, {Sta(~e 4)". MAY 9, 1994 COUNCIL MINUTES - 957- CITY OF KITCHENER COUNCIL MINUTES MAY 9, 1994 - 957- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (MAY 2, 1994) - 3. (Cont'd) 13) That Council authorize the City Solicitor to make all other changes to the Subdivision Agreement to reflect the new lot/block references arising out of the changes herein. That the Seventh Schedule be replaced respectively, with the revised Plan of Subdivision dated April 14, 1994. It is the opinion of this Committee that the approval of this revision to the Subdivision Plan is proper planning for the City. (A) (B) (c) (D) That Chapter 680 (SIGNS) of the Municipal Code be amended to permit the use of inflatable signs in accordance with the regulations attached to Staff Report PD 94/42 as "Appendix A" as revised this date and additional amendments attached as "Appendix B." That following a six-month trial period, Council may reconsider the use of inflatable signs and, if deemed appropriate, consider additional amendments further regulating or prohibiting future use of such signs. That Council establish a sign permit for inflatable signs and set a permit fee of $3.00 per day. That Council's Enforcement Policy directing proactive enforcement of portable signs be extended to inflatable signs. That the Ministry of Transportation of Ontario be advised that the City of Kitchener supports the use of an inflatable sign by the K-W Area Visitor & Convention Bureau at its location at the corner of King Street East and Weber Street East Kitchener, adjacent to Highway #8. That Condominium Conversion Application CDC 93\3\CL (J. Fedy et al) which relates to 175 Siebert Avenue be granted Draft Plan of Condominium approval, subject to the following conditions: That prior to the signing of the final plan by the City Clerk for registration, the Owner satisfy the following conditions: (a) That the final Plan for registration purposes shall be prepared in accordance with the attached Condominium Plan dated 94 04 22 with a copy of the final plan being approved by the Commissioner of Planning and Development. (b) To submit a draft Condominium Declaration for the approval of the Commissioner of Planning and Development containing the following provisions: (i) To maintain the public and private sidewalks, driveways and parking areas in a snow free condition and void of any obstructions 12 months of the year; (ii)To prohibit the parking and storage of derelict vehicles and recreational vehicles on the subject lands; To arrange for a private contractor to pick up and dispose of garbage refuse from a designated refuse area. (iv) To identify the location of Bell Canada facilities including the existing side wall terminals located at Units 1, 9, 10, 18, and 19 and service wires located along the MAY 9, 1994 COUNCIL MINUTES - 258- CITY OF KITCHENER COUNCIL MINUTES MAY 9, 1994 - 258- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL back wall to the units and to advise occupants of the permanent design of these facilities and the possible requirements for future maintenance. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (MAY 2, 1994) - 6. (Cont'd) (c) The Owner covenants and agrees in writing to the Commissioner of Planning and Development to register a Condominium Declaration as required in Condition 1 (b) hereof. (d) To designate a visitor parking area as shown on the draft plan of condominium attached to the satisfaction of the Director of Development, and to sign said area as "Visitor Parking" in accordance with the approved plan. (e) That a Technical Building Audit be completed and submitted to the City's Chief Building Official for approval and any deficiencies identified under the Ontario Building Code or Chapter 665 of the Municipal Code (Property Standards for Maintenance and Occupancy) be rectified to the satisfaction of the Chief Building Official. (f) To submit to the Commissioner of Planning and Development, a letter from the Regional Municipality of Waterloo advising that all Regional conditions have been satisfied. The clearance letter shall include a brief statement for each condition outlined below detailing how each has been satisfied: (i) That the Owner complete and submit to the Region a Noise Study to indicate to the Region's Commissioner of Planning and Culture, methods to be used to abate noise levels and is necessary shall enter into an agreement with the Regional Municipality of Waterloo to provide for implementation of the approved Noise Study. (ii)That a 7.62 metre (25 foot) daylighting triangle at the intersection of Siebert Avenue and Courtland Avenue be established and conveyed to the Region. (g) To submit to the Department of Planning and Development in order to expedite the Municipal Release of the Draft Plan of Condominium for registration a detailed written submission outlining and documenting how all conditions imposed requiring attention and action prior to registration have been met and satisfied. That the conditions attached to City Council's September 27, 1993 approval under the Rental Housing Protection Act be satisfied prior to release of the Plan of Condominium for final registration. It is the opinion of this Committee that the approval of this application is proper planning for the City. That Condominium Conversion Application CDC 93\1\CL and 93/2/CL (Hummel Construction Ltd.) which relate to 4 and 30 Avalon Place be granted Draft Plan of Condominium approval, subject to the following conditions: That prior to the signing of the final plan by the City Clerk for registration, the Owner satisfy the following conditions: (a) That the final Plan for registration purposes shall be prepared in accordance with the attached Condominium Plan dated 94 04 14 with a copy of the final plan being approved by the Commissioner of Planning and Development. (b) To submit a draft Condominium Declaration for the approval of the Commissioner of Planning and Development containing the following provisions: COUNCIL MINUTES MAY 9, 1994 - 959- CITY OF KITCI:IENER COUNCIL MINUTES MAY 9, 1994 - 959- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL (i) To maintain the public and private sidewalks, driveways and parking areas in a snow free condition and void of any obstructions 12 months of the year; PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (MAY 2, 1994) - 7. (Cont'd) (ii)To prohibit the parking and storage of derelict vehicles and recreational vehicles on the subject lands; To arrange for a private contractor to pick up and dispose of garbage refuse from a designated refuse area. (c) The Owner covenants and agrees in writing to the Commissioner of Planning and Development to register a Condominium Declaration as required in Condition 1 (b) hereof. (d) To designate a visitor parking area as shown on the draft plan of condominium attached to the satisfaction of the Director of Development, and to sign said area as "Visitor Parking" in accordance with the approved plan. (e) To submit a plan showing details for a supporting concrete pad and enclosure for all outdoor garbage and recycling containers for the approval of the Director of Development and to construct and locate said enclosures in accordance with the approved plan. (f) To submit to the Commissioner of Planning and Development, a letter from the Regional Municipality of Waterloo advising that all Regional conditions have been satisfied. The clearance letter shall include a brief statement for each condition outlined below detailing how each has been satisfied: (i) That the Owner enter into an agreement with the Regional Municipality of Waterloo agreeing that the following clause be included in Offers to Purchase and Deed or Rental Agreements for all units: "Due to its proximity to the Conestoga Parkway, projected noise levels on this property exceed the Noise Level Objective approved by the Regional Municipality of Waterloo and may case concern to some individuals." (g) To submit to the Department of Planning and Development in order to expedite the Municipal Release of the Draft Plan of Condominium for registration a detailed written submission outlining and documenting how all conditions imposed requiring attention and action prior to registration have been met and satisfied. That the conditions attached to City Council's August 23, 1993 approval under the Rental Housing Protection Act be satisfied prior to release of the Plan of Condominium for final registration. It is the opinion of this Committee that the approval of this application is proper planning for the City. That Demolition Control Application DC 94/02/RM (Russell & Earl Phillips) requesting approval for the demolition of a single detached dwelling located at 526 Charles St. E. legally described as Lot 12 of Registered Plan 262, be approved subject to the following: a) That the demolition results in the removal of all combustible products (i.e. wood) and the property is graded to the satisfaction of the Building Division. COUNCIL MINUTES MAY 9, 1994 - 260- CITY OF KITCHENER COUNCIL MINUTES MAY 9, 1994 - 260- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL b) Close any redundant driveways and install Regional curb and gutter and boulevard landscaping, all to City of Kitchener and Region of Waterloo standards. c) Remove any redundant service connections to the satisfaction of the Commissioner of Public Works. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (MAY 2, 1994) - 8. (Cont'd) d) Before use as a parking lot, By-law 94-1 must by approved and a parking plan showing layout, buffering and lot grading and draining should be submitted for review and approval by the Commissioner of Planning and Development. It is the opinion of this Committee that the approval of this application is proper planning for the City. That the attached Block Plan, Concept Number 1, for lands described as Part Lots 1, 2 and 3, Registered Plan 675 and Lots 31 and 32, Horning's Tract, be approved, together with the following policies: That all lands required for an emergency access/public walkway access and the extension of services from Grand Avenue to Street One be included in any Subdivision Application, prior to acceptance for processing. That lands within the Recommended Block Plan be provided with full municipal services by extending existing services from Bridge Street and Grand Avenue and by providing storm water management facilities. That the City of Kitchener shall participate as an owner of lands to be subdivided within the Block Plan, but the City shall incur no cost of developing the subdivision. Any City-owned lands not dedicated as public highway shall be conveyed to the subdivider for nominal consideration. It is the opinion of this Committee that the approval of this Block Plan is proper planning for the City. 10. That Council advise the Ontario Municipal Board of its support for the following: 'Whereas the Council of the City of Kitchener passed By-law 94-1 on January 24, 1994; And Whereas it is the position of the City of Kitchener that the three appeals received to By-law 94-1 are site specific in nature and apply specifically to 530 Mill Street, 152 Homewood Avenue, and the Central Frederick Neiqhbourhood; And whereas Council believes it is important to expedite the approval of By-law 94-1 for the benefit of all the lands which are not subject to appeal; Now Therefore the Council of the City of Kitchener requests the Ontario Municipal Board to approve the portions of By-law 94-1 not subject to appeal under their authority granted by Section 34 (31) of The Planning Act as amended by Bill 40 the "Community Economic Development Act."' 11. That a 5 foot chain link fence built to City of Kitchener specifications be erected along the public walkway adjacent to 1123 Queens Boulevard with the cost being split on a 50/50 basis between MAY 9, 1994 COUNCIL MINUTES - ~61- CITY OF KITCHENER COUNCIL MINUTES MAY 9, 1994 CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL the property owner and the City. COMMUNITY SERVICES COMMITTEE - That the Captains of the Mens, Ladies and Seniors Committees at the Rockway Golf Club and the Doon Valley Golf Club be permitted to purchase No. 1 memberships in those years that they have been elected Captains. COMMUNITY SERVICES COMMITTEE - That we approve the request of the Highland Fusiliers of Canada for a cash grant in the amount of $1,000.00 to assist with the hosting of a reception and luncheon for veterans in Waterloo Region attending the 50th Anniversary Parade on Saturday June 4, 1994. That consideration of the relocation of the Rockway Lawn Bowling Club to Breithaupt Park be deferred to the Community Services Committee meeting of Monday May 16, 1994, for further discussion with the neighbouring community. That we approve the request of the Kitchener-Waterloo Synchronized Swim Club for a cash grant in the amount of $400.00 to assist with the cost of sending the team to the National Synchronized Swimming Championships in Winnipeg, Manitoba from May 7-15, 1994. That we approve an in-kind facility grant for the Countdown to Canada's Birthday Celebration for use of the Market Square Parking Garage from 6:00 p.m. on June 30th to 1:00 a.m. on July 1st, 1994, to a maximum of $200.00. That we direct City staff to enforce the Municipal Code (Chapter 270 - Parks, Chapter 690 - Trees) as they relate to encroachments on City property, and That we allow no encroachments within natural areas, floodplain, Environmentally Sensitive Protected Ares, wetlands, water courses or storm water management areas, and That we allow no restrictive use of parklands that would preclude public use, including fences, gardens and structures that would restrict free public passage, and That if a disagreement arises over any request for an encroachment, on parklands, other than those identified above, the matter shall be brought to the Community Services Committee; otherwise, requests for encroachments be dealt with in the normal manner; and further That if the encroachment is approved, the property owner shall enter into an agreement with the City of Kitchener. That the Parks & Recreation Department, in co-operation with the Planning & Development Department, initiate the preparation of a Woodland Strategy which will identify the means of protecting, conserving and integrating the woodlands identified as high value in future developments; and That this Woodland Strategy recognize the integrated nature of the woodlands identified as high value and that isolation or fragmentation in one area can reduce woodland values in others; and That further inventory and assessment work be carried out during the spring and summer of 1994 in the woodlands outside of the study area of the report prepared by the Parks & Recreation Department, dated February 1994,which meet the criteria for high value and are not protected through public ownership, as funds permit; and That Woodlands 52-3, 46-6 and 46-1 be considered as potentially satisfying criteria for ESPA designation and the Regional Municipality of Waterloo be advised of the specific field data MAY 9, 1994 COUNCIL MINUTES - ~6~- CITY OF KITCHENER COUNCIL MINUTES MAY 9, 1994 CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL collected in these ares; and That the Parks & Recreation Department conduct field research in the areas previously studied every five years to update the data files and monitor changes in woodlands over time, particularly in areas closest to existing urban development; and further That the Parks & Recreation Department pursue funding and employment grants, such as the Environmental Youth Corps, for the purpose of field research. FINANCE AND ADMINISTRATION COMMITTEE - That staff prepare a report in response to questions and concerns raised at the May 2, 1994 Finance and Administration Committee meeting with respect to a claim for damages submitted by Mr. Z. Janecki, and further, That said report be submitted for consideration at the May 16, 1994 Finance and Administration Committee meeting and include reference to the procedures followed in maintaining the entrance ramp to the City Hall parking garage both before and after the occurrence outlined in the claim, as well as any legal responsibilities in this regard. That the Mayor and Clerk be authorized to execute a new Licensing Agreement with the registered owners of Part Lot 11, Registered Plan 1719 (39 Misty Street) to permit a portion of the building, the concrete foundation and the rear deck to encroach .57 metres, more or less, onto a sewer easement, and, That the encroachment be permitted for the life time of the building, with no standard 90 day termination clause, and in the event of demolition or destruction the registered owners be permitted to build on the foundation, provided it is sound and capable of supporting the structure, and further, That the above Agreement is to replace the previous Agreement registered as Instrument No. 1105468, with the registered owner responsible for the cost of releasing Instrument No. 1105468 and registering the new Agreement. (Dealt with under Delegations and Carried). That Council endorse the material appended to the memorandum from Ms. B. Newell dated April 27, 1994 pertaining to the proposed Vision for Kitchener Workshop. That the Manager of Licensing be authorized to issue an Ice Cream Vehicle Driver Licence to Mr. Bryan Kirkpatrick. That the Manager of Licensing be authorized to issue an Ice Cream Vehicle Driver Licence to Mr. Geoffrey Allen. That the Manager of Licensing be authorized to issue an Ice Cream Vehicle Driver Licence to Mr. Jason Scott Hutchings. That the Manager of Licensing be authorized to issue an Ice Cream Vehicle Driver Licence to Mr. Jason Kew. That Council waive solicitor-client privilege as it relates to the contents of a private and confidential report from Ms. D. Arnold dated April 26, 1994 concerning enforcement of the Noise By-law, and in so doing indicate that it has no objection to this document being released to the Press. MAY 9, 1994 COUNCIL MINUTES - 263- CITY OF KITCHENER COUNCIL MINUTES MAY 9, 1994 - 263- CITY OF KITCHENER 10. 11. REPORTS ADOPTED BY COUNCIL That staff prepare a guideline for City residents, outlining the noise complaint process, what a complainant can expect from the process and how he/she can assist the City in obtaining a conviction. That Chapter 530 (Dogs) of the Municipal Code be amended so that an owner of three or more dogs is no longer entitled to relief under the grandfathering provision unless the animals are properly licensed. That Kitchener City Council hereby endorses the application of Councillor Christina Weylie for membership on the National Board of Directors of the Federation of Canadian Municipalities, and that upon election, agrees to pay any costs associated with her attendance at Board meetings. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That no action be taken regarding a request from Dr. Stephen Code for a refund of $1,500.00 regarding the installation of a new sidewalk across the frontage of the Optometrist Clinic at 1188 Ottawa Street South. (Dealt with under Delegations and Motion Lost). That the City of Kitchener approve bicycle races on Hidden Valley Road and Hidden Valley Crescent on Sunday, June 5, 1994 and Sunday, August 7, 1994. That parking be prohibited on the odd numbered side of Old Park Lane, from Highview Drive to Highview Drive, and further, That the Uniform Traffic By-law be amended accordingly. That parking be prohibited on the odd numbered side of Connelly Drive from Westheights Drive to Rolling Meadows Drive, and further, That the Uniform Traffic By-law be amended accordingly. That the Downtown Snow Shovelling By-law be amended by adding the south side of Charles Street East from the west limit of 11 Charles Street East to the east limit of 15 Charles Street East. That the firm of Harrington and Hoyle Ltd., Landscape Architects, be retained to undertake a design for the rehabilitation of Strasburg Creek, to the rear of 252 Huron Road and adjacent properties, at an upset cost of $16,910.00, and further, That funds for this project be provided by overspending the 1994 Capital from Current allocations. COUNCIL MINUTES MAY 9, 1994 - 264 - CITY OF KITCHENER COMMITTEE OF THE WHOLE BY-LAWS AS 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. Association of Municipalities of Ontario - Conference It was resolved: "That the first six (6) members of Council approaching the Mayor be appointed as voting delegates of the City of Kitchener for the purposes of the 1994 Annual Conference of the Association of Municipalities of Ontario to be held in Toronto from August 21 to 24, 1994." 2. Appointments - Kitchener-Waterloo Hospital Board of Trustees It was resolved: "That we confirm the nomination of Ms. Claire Foster to the Kitchener-Waterloo Hospital Board of Trustees, with Ms. Susan Daminato as Alternate, effective June 1, 1994 for a three (3) year term to expire June 1997." 3. Licenses It was resolved: "That the Parent Teachers Association of Christ Lutheran School be granted permission to operate a refreshment stand, at Christ Lutheran School, 146 Trafalgar Avenue, Kitchener, on June 3, 1994, provided that the necessary Licence and Health and Fire approvals are obtained." - and - "That the Parent Advisory Committee of Christ Elementary Early Learning Centre be granted permission to operate a refreshment stand, at Christ Lutheran School, 146 Trafalger Avenue, Kitchener, on May 28, 1994, provided that the necessary Licence and Health and Fire approvals are obtained." 4. Residential Rehabilitation Assistance Program (RRAP) Agreement It was resolved: "That the Mayor and Clerk be authorized to execute an Agency Agreement dated April 28, 1994 with Canada Mortgage and Housing Corporation for the administration of the Residential Rehabilitation Assistance Program." 5. Land Purchase - VICTORIA PARK WARD It was resolved: "That the City of Kitchener accepts the offer from Alice and George Hannaush to sell their property known as 139 Victoria Street South for the sum of $166,000.00. COUNCIL MINUTES MAY 9, 1994 - 265- CITY OF KITCI:IENER COUNCIL MINUTES MAY 9, 1994 - 265- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES MAY 9, 1994 - 265 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 5. Land Purchase - VICTORIA PARK WARD (Cont'd) And further, that the Mayor and Clerk be authorized to execute the necessary documentation as required by the City Solicitor." 6. Land Purchase - VICTORIA PARK WARD It was resolved: "That the City of Kitchener accepts the offer from Aldo DiBattista to purchase surplus land described as part of Lot 15, Registered Plan 364 for the sum of $15,000.00, and further, That the Mayor and Clerk be authorized to complete the necessary documentation as required by the City Solicitor." 7. Tenders It was resolved: "That tender T94-16, Supply of Hot Mix Asphalt, be awarded to Kitchener Asphalt Limited, Kitchener, Forwell Limited, Kitchener and Warren Bitulithic Limited, Petersburg at their tendered prices of $233,970., $233,490. and $236,400. respectively, plus G.S.T. and P.S.T." - and - "That tender T94-31, Dump Trucks and Snow Plow Equipment, be awarded as follows: Item #1 - to Parkway Ford Sales, Waterloo at their tendered price of $63,890., plus options, G.S.T. and P.S.T. Item #2 - to Kirby International Trucks Ltd., Kitchener at their tendered price of $89,575., plus options, G.S.T. and P.S.T. Item #3 - to Kirby International Trucks Ltd., Kitchener at their tendered price of $95,990., plus options, G.S.T. and P.S.T. Item #4 - to Kirby International Trucks Ltd., Kitchener at their tendered price of $174,660., plus options, G.S.T. and P.S.T." - and - "That Quotation Q94-113, Self Propelled 4 Wheel Vacuum Litter Collector, be awarded to V-Quip Inc., Burlington, Ontario at their quoted price of $61,174.25, plus G.S.T. and P.S.T." 8. Tender T94-28 - Computer Systems (Acer Compaq) MAY 9, 1994 COUNCIL MINUTES - ~66- CITY OF KITCHENER COUNCIL MINUTES MAY 9, 1994 - ~66- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Council was in receipt of a report from Mr. R. Wilson, Manager of Technical Services, dated May 4, 1994 outlining the Information Services Division's rationale for the structure of the tender and the decision making process. Councillor J. Smola indicated concern over the City's reliance on two Computer Manufacturers and suggested that the tender should be re-examined by a committee to see COUNCIL MINUTES MAY 9,1994 -266- CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 8. Tender T94-28 - Computer Systems (Acer Compaq) (Cont'd) if any other brand names meet specifications. Mr. T. McKay replied that there is presently no committee to review specifications, but indicated he would ask Mr. L. Gordon to investigate the matter. Councillor Smola advised of his interest in participating in any such review. In response to a question from Councillor M. Wagner concerning the rationale for the tender recommendation, Mr. C. Cooke, Director of Information Services, advised that the City has had great success in its use of Acer units, and that the price difference between these and other units was not significant enough to warrant a change. It was resolved: "That tender T94-28, Computer Systems (Acer Compaq) be awarded to Micro Age Computer Centres, Kitchener, at their tendered price of $227,220., plus G.S.T. and P.S.T." 9. Role of Ethno-Cultural Committee It was resolved: "That the City proceed to advertise and appoint the Ethno-Cultural Advisory Committee." 10. Proposed Amendment to Hiqhway Traffic Act - Low Floor Buses Dealt with under delegations. 11. Consent to Leases - 63 Mclntyre Place (New Aqe Robotics Inc./Outdoor Ironworks) Council was in receipt of a memorandum from Mr. J. Shivas, Director of Legal Services, dated May 6, 1994 recommending consent relative to two leases. It was resolved: "That the City consent to a lease from Failer Holdings Limited to New Age Robotics Inc. of Unit #9 and a lease from Failer Holdings Limited to Outdoor Ironworks o/a Rodger Hallman of Unit #10 at the property described as Part 27 on Reference Plan 58R-5668 and municipally known as 63 Mclntyre Place, Kitchener."