Loading...
HomeMy WebLinkAboutCouncil Minutes - 1999-09-20COUNCIL MINUTES SEPTEMBER 20, 1999 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by Miss Dana Wagner of the King School of Vocal. Mayor C. Zehr thanked Miss Wagner for her rendition of the National Anthem this date and pointed out that she was a 1999 recipient of a scholarship at the Stratford Musical Festival. On motion by Councillor M. Yantzi, the minutes of the regular meeting held August 30, 1999, and special meetings held on August 30, 1999 and September 13, 1999, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS - N I L The following individuals received Awards of Merit and Certificates of Service in recognition of their serving on Special Committees, Boards and Commissions under the jurisdiction of City Council. Many of the recipients were in attendance this date and personally received their Awards/Certificates which were presented by Mayor C. Zehr and several members of Council. Mayor Zehr thanked the volunteers for their contribution to the community. Awards of Merit Peter Bridgewater John MacDonald Mike Hiscott William Kennaley Certificates of Service Slobodanka Lekic John Hoffman Audrey Wilson Audrey Coffey Jennifer Farmer Don Pullen Lirondel Hazineh Denny Cybalski Orlin C. Wood Edee Schmitt Paul Kay Garth Grimes Sandra Knapp David Ryan Ron Brown Carol Wiebe Deb Schlicter Darlene Luhowy Robert Coo Scott McBrayne Kitty Strite-Gatto Dave Mota Laura Kekanovich Jude Dias Elizabeth Heinrichs Philip Fernandez Mr. T. Clancy provided an overview of the Communities in Bloom competition which began in Kitchener in 1995 and recognizes community participation in beautification, heritage and environmental awareness as part of its judging criteria. He pointed out that this was Kitchener's second year in the National Competition wherein it competed with Coquitlam, B.C., St. John's Newfoundland, Nepean and Oshawa. He advised that for the second year in a row Kitchener had received a National 4 Bloom rating which came as close as possible without winning the competition which 93 Villages, Towns and Cities had competed in after winning their Provincial competition. Messrs. Dave Bennett of MacNaughton Hermsen Britton Clarkson, and Mark Dykstra of Planning & Engineering Initiatives attended the meeting to present the awards for the Business Program. The delegation explained the four categories for the Business Awards Program and the nomination criteria. Mayor C. Zehr and Councillor G. Lorentz assisted by Messrs. Bennett and Dykstra presented awards to the property owner, the designer and the maintenance firm for the winning properties as follows: BUSINESS AWARDS PROGRAM Lar.qe Scale Commercial · 675 Riverbend Drive - Fred Grespan (McCarter Grespan Robson Beynon); Rob Hilton (Hilton-Foster Ltd.); Paul Grobe (Grobe Nursery) Small Scale Commercial · 3763 King Street East - Richard Scharringa (Grand Valley Garden Centre) as property owner, designer and maintenance firm COUNCIL MINUTES SEPTEMBER 20, 1999 - 363 - CITY OF KITCHENER Industrial · 33 Mclntyre Drive - Peter Waters (UKCAN Investments Inc.); Brian Blackmere (MacKinnon & Associates - Brian Blackmere); Paul Grobe (Grobe Nursery) Multi-Residential · 50 Midland Avenue, Livingstone Circle - Dianne Morrell (Mike Voll Investments Ltd.); Steve Knipping (MTE Consultants Inc.); Lester Schildroth (Residents of Livingstone Circle). Mr. T. Clancy then thanked members of the Business Awards Committee for their contribution to this event. Mr. T. Clancy introduced Ms. Brenda Luckhardt who then provided a brief overview of the Residential Awards Program which she indicated was in its third year. Ms. Luckhardt stated that it utilizes Canada Post Letter Carriers to seek nominations which are then narrowed down according to judging criteria. The individual Ward Councillors then presented awards to the residential winners as follows: RESIDENTIAL AWARDS PROGRAM · Peter and Leona Grobe - 100 Dunham Avenue · Dorothy Leggio - 36 Belmont Avenue West · Eric Bedard and Chris Agombar - 83 Gruhn Street · Lucja and Zygeunt Mlodecki - 10 Inlet Avenue · Richard MacKinnon - 85 Clive Road · Udo and Ingrid Petersen - 615 Mill Park Drive · Frank and Pearl Bruder- 124 Boniface Avenue · Loukia Georgiou and Karl Thompson -297 Kingswood Drive · Rick and Mary Kennedy- 154 Devonglen Drive · Joseph and Eva Schuster - 537 Forest Hill Drive · Otto and Nelli Fehlan - 58 Westwood Crescent CITY CHAMPION - RESIDENTIAL · Joseph and Eva Schuster - 537 Forest Hill Drive The Letter Carrier Award was presented to Mr. Frank Regan representing all the Canada Post Letter Carriers who contributed to the residential awards selection process. Mr. T. Clancy congratulated all the winners and thanked and named the four major corporate sponsors and numerous supporting sponsors of the Communities in Bloom Program. He also expressed his appreciation to Ms. Renate Willms for her role in co-ordinating the activity. Mr. Henning Grumme introduced the members of the Communities in Bloom Program Committee thanking them for their efforts as well as the judges who were also in attendance. He also expressed appreciation to all the corporate and supporting sponsors. Mayor C. Zehr added his comments of appreciation on behalf of Council to all those involved in the Program. Mayor C. Zehr pointed out that this was the last regular Council meeting that Mr. T. Clancy, General Manager of Parks and Recreation would be attending due to his retirement on September 30. Mayor Zehr pointed out that Mr. Clancy has in excess of 30 years service to the municipality and should rightfully be proud of his contributions to the City. Councillor G. Lorentz commented that Mr. Clancy was the driving force behind the Communities in Bloom Program and had the benefit of a dedicated group who have been meeting all year to bring about this successful event. He advised that over 200 cities had applied to participate in the Year 2000 Competition. Councillor Lorentz also thanked the Canada Post Letter Carriers for their involvement and support of the program. At this time, Mayor C. Zehr called upon Mrs. Dorothy St. Jean to receive the 1999 Provincial Senior of the Year Award. He noted that Mrs. St. Jean was an extremely active volunteer with seniors groups as well as various other community organizations which he listed. Mrs. St. Jean thanked the Council for the Award and stated that she was honoured to have been chosen as well as pointing out that those volunteering to community organizations get more out of their involvement than they actually give. COUNCIL MINUTES SEPTEMBER 20, 1999 - 364 - CITY OF KITCHENER Mayor C. Zehr called upon Ms. Sharon Tranter who spoke on the Partnership of the City of Kitchener with the City of Cebu, Philippines, which was make possible under the auspices of the Federation of Canadian Municipalities. She noted that municipal exchanges of City Hall personnel were ongoing to share technical expertise and advice on governance and municipal structure and procedures. In this regard, she then introduced Mrs. Belinda Navascues who will be working in the Training Section of Human Resources, Mr. Rene Sanapo who will be working in the Information Services Division specializing in GIS application and also in the Clerk's Division to pursue development of a Municipal Code and Mr. John Pereyra who also will be working in the Information Services Division specializing in the area of LANS and WANS. Mayor C. Zehr extended a welcome to these guests from members of City Council. Ms. Sharon Tranter commented on the Ontario Municipal Management Institute Certification Program which, since inception has awarded 'Certified Municipal Manager' designations to over 800 municipal administrators across the Province. She advised that the City of Kitchener has the most recipients of the Municipal Manager designation totalling 41, more than any other municipality. At this time, Mayor C. Zehr, Mr. J. Gazzola and Ms. Sharon Tranter presented framed certificates to the following employees, most of whom were in attendance: Michael Seiling, CMM I - Sr. Plan Examiner Charles Drexler, CMM - Operations Supervisor Francine Schlosser, CMM I - Manager Business Development Hanica Storer, CMM - Human Resources Assistant - Training John Cooper, CMM II - Supervisor, Athletics Michael Reinhardt, CMM- Fire As well, the following employees were presented with upgrade designation: Christine Ball, CMM II - Manager of Operations, Human Resources David Corks, CMM III - Downtown Development Consultant Mr. Fred Lehman appeared as a delegation on behalf of the Food Bank of Waterloo Region to thank the City of Kitchener and particularly its employees for the food raising drive that was conducted on behalf of the Food Bank. He noted that the Municipal Challenge raised more than 10,000 Ibs. of food for the Food Bank and presented a certificate of appreciation to the City which was accepted by Ms. Alison Schmidt on behalf of the employees. Mr. L. Gordon, Manager of Purchasing, was in attendance to answer any questions concerning the tenders listed under Items B.9 & 10 of the Committee of the Whole agenda of this date. Council first dealt with Item B.9 of the Committee of the Whole agenda which listed a tender that was reviewed and approved by the Chief Administrative Officer due to the City Council summer meeting schedule. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Council ratify the Chief Administrative Officer's decision undertaken according to policy respecting Council's summer schedule awarding the following tender: T99-006 - Bingeman Street Reconstruction (Lancaster Street to Samuel Street) Awarded to: Steed and Evans Limited, Kitchener Tendered price: $342,488.42 including G.S.T., and a contingency allowance of $41,257.30" Carried. The tenders listed under Item B. 10 of the Committee of the Whole agenda for consideration this date were then dealt with. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That tender, T99-077, Stationery Systems Contract (for the Supply and Delivery of Stationery), be awarded to Basics Office Products (Davenport Office Inc.), Waterloo, Ontario at their tendered price of $94,108.74, plus G.S.T. and P.S.T., for three years with the option to renew for an additional one year term." -and- COUNCIL MINUTES SEPTEMBER 20, 1999 - 365 - CITY OF KITCHENER "That Expression of Interest E99-084, Consultant Services - Training and Development, be awarded to Pinnington Training & Development, Cambridge, Ontario, at their estimated fee of $17,976., including G.S.T., based on a satisfactory contract being negotiated and an upset fee being established." Carried. Mr. J. Tait, Solicitor, appeared as a delegation on behalf of Linda Homeniuk, operator of Homeniuk Rides Inc. in respect to clause 7 of the report of the Finance and Administration Committee of this date. The Committee at its September 13 meeting recommended no action on the request to hold a midway at 245 Strasburg Road. Mr. Tait reviewed the request for the dates September 30 through October 3 and indicated that he was uncertain as to the reason for the Committee refusal of the request. He indicated that previously Homeniuk Rides Inc. when conducting its midway at its Spring Carnival had provided a $3,000 cash donation and collected a total of 809 Ibs. of food for donation to the Food Bank of Waterloo Region. A copy of a letter from the Food Bank respecting this donation was circulated. Mr. Tait advised that the operator was now able to position the midway so that it was significantly set back from Ottawa Street and proposed the following hours of operation: Thursday, September 30 - Friday, October 1 - Saturday, October 2 - Sunday, October 3 - 4 p.m. to 10 p.m. with music reduced at 9 p.m. 4 p.m. to 11 p.m. with music reduced at 10 p.m. 11 a.m. to 11 p.m. with music reduced at 10 p.m. 12 p.m. - 8 p.m. Mr. Tait indicated that for this event, arrangements had been made to provide charitable donations to both a Waterloo Church and the Food Bank of Waterloo Region. He expressed the view that the midway would benefit the local area, charities and provide income to the owner of the subject property. Further he pointed out that Homeniuk Rides Inc. wish to make the midway a regular event held in the Spring and Fall of each year. Councillor J. Ziegler advised that he would now support the proposal given that it was to be situated setback from Ottawa Street adjacent to Alpine Road and Ottawa Street rather than Strasburg Road and Ottawa Street. He noted that on a previous occasion, no complaints were received when the midway was located at the far end of the former Bestpipe property. Councillor T. Galloway stated that his concerns regarding the benefiting charity and the Iocational issue had been addressed. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That Clause 7 of the Finance and Administration Committee report of this date be adopted." Motion Lost. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That the request of Homeniuk Rides Inc. to hold a midway at 245 Strasburg Road (former Bestpipe location) from September 30 to October 3, 1999 be approved subject to the operation being setback from Ottawa Street South so as to locate at the rear of the property with orientation to Alpine Road rather than Strasburg Road and operating within the operating hours and conditions itemized in the September 20, 1999 presentation by Mr. J. Tait to City Council." Carried. Ms. Barb Steiner appeared as a delegation to make a powerpoint presentation in support of Business and Planning Services Staff Report BPS 99/53 dated March 31, 1999. The report deals with the environmental issue of identification and protection of significant natural areas. She advised that a similar presentation had been made to the Environmental Committee earlier this year and that at that time staff were requested to provide information on how the City identifies and protects these areas and to obtain information on how Waterloo, Cambridge, Guelph and Hamilton do the same. Ms. Steiner commented that Kitchener was fortunate that since the mid-1970's it had already established policies to deal with significant natural areas and developed policies relating to the preservation of wooded areas and trees. She referred to a table of information attached to the report providing comparative data among Kitchener and the four municipalities under the following categories: natural areas in the Official Plan, policies and processes establishing natural areas, implementation tools, COUNCIL MINUTES SEPTEMBER 20, 1999 - 366 - CITY OF KITCHENER future policies and implementation tools. She provided detailed comments on issues outlined in the chart and noted that generally all municipalities were following the same process and that the differences among municipalities were in the implementation tools and the quality of data. Councillor J. Haalboom questioned policies as they would apply to a subdivision that was coming forward for development in her ward and Ms. Steiner and Ms. C. Ladd responded in respect to how processes would serve to protect woodland within the development. Mr. B. Stanley commented on the Kitchener Woodland Strategy which came out of the City's Environmental Strategic Plan and the objective as to documentation, prioritization and preservation of woodlots within and beyond the urban fringe. Councillor T. Galloway questioned if there was any process that should be undertaken to identify additional implementation tools that could be put to use and Ms. B. Steiner responded that depending on how the City wishes the Woodland Strategy to work, there may be some need for additional tools. Councillor Galloway commented that he saw upland woodlands as areas where the City does have a deficiency and requires a strategy to protect such areas. Mr. Robert Maxwell appeared as a delegation in support of a recommendation listed under item B.12 of the Committee of the Whole agenda of this date. Moved by Councillor M. Yantzi Seconded by Councillor G. Lorentz "That Council ratify and confirm the September 14, 1999 decision of the Committee of Adjustment recommending approval of Submission No.F 7/99 - Robert and Jennifer Maxwell (28Donley Street)." Carried. Councillor C. Weylie noted that Mr. G. Borovilos was in attendance in respect to the deferral recommendation contained in Clause 4 of the Planning and Economic Development Committee report. It was noted that all parties were working toward a solution respecting this matter and it was hoped to resolve it within several weeks. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That Clause 4 of the report of the Planning and Economic Development Committee of this date be revised so as to provide that the matter be deferred and referred to not later than the November 1, 1999 Council meeting for consideration." Carried. At the special Council meeting held on September 13, 1999, Councillor C. Weylie gave Notice that she would introduce a motion at this meeting to change the conditions in the draft approval of Subdivisions 30T-98205 (Activa Holdings Inc. and Southstaton Holdings Limited) and 30T-97005 (Southstaton Holdings Limited and Activa Investments Corporation) which was originally dealt with by City Council at its meeting held April 19, 1999. It was noted that an Ontario Municipal Board Hearing is being held on Tuesday, September 21, 1999 to address appeals that have been lodged with respect to these subdivisions. In this regard, Councillor C. Weylie proposed that condition 61 of each subdivision plan be replaced with the condition that was originally set out in the staff report of the Department of Business and Planning Services. Councillor John Smola stated that he was in support of the wording of condition 61 as previously approved by City Council. He stated that negotiations with the City of Waterloo with respect to the upgrade of Woolwich Street had been unsuccessful and that he was opposed to what Councillor C. Weylie was proposing on the basis that Woolwich Street would be unsafe without proper upgrade. He stated that currently there was no safe pedestrian route along the roadway and there was no guarantee that necessary links would be completed to serve the occupants of approximately 300 residential units. He acknowledged that the problem in this entire matter was the boundary line of Woolwich Street as the right-of-way lies entirely within the City of Waterloo. He was opposed to any revision to condition 61 and opposed to the subdivisions going ahead on that basis. In response to Councillor M. Yantzi, Ms. L. MacDonald advised that it was planned that where right- of-way widening could not be done, asphalt would be utilized in place of concrete sidewalks. Ms. MacDonald suggested that Council consider expansion of the recommendation that staff had made that would ask the subdivider along with assistance from Kitchener staff to undertake their best efforts to secure conveyance of the appropriate road widenings from property owners on the east side of Woolwich Street but emphasized there was no guarantee that this would rectify the problem. COUNCIL MINUTES SEPTEMBER 20, 1999 - 367 - CITY OF KITCHENER Councillor C. Weylie concurred to include this additional wording in her proposal for a revised clause 61 within each subdivision plan. Councillor T. Galloway questioned if there was any way to move forward in co-operation with the developers and Ms. L. MacDonald advised that consideration could be given to a three party agreement which City of Waterloo staff have indicated they would support. However, she indicated that no time commitment could be put on the City of Waterloo for repayment for the works. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson, appeared as a delegation representing the developers and advised that 80% of the subdivision frontage on Woolwich Street would have proper sidewalk installed. Of the remaining five property owners, four have agreed to allow concrete sidewalk to be installed on their property. Councillor T. Galloway commented on his disappointment at our inability to secure support from the City of Waterloo with regard to this matter; however, he stated that at least it would appear there would be a pedestrian walkway on the east side of Woolwich Street. Councillor John Smola noted that currently there was no sidewalk from Bridle Trail to 177 Woolwich Street and accordingly, there would be significant gap before reaching this development. Councillor B. Vrbanovic questioned how the boundary line came about and Mr. B. Stanley advised that it was established in the Regional Municipality of Waterloo Act. Councillor Vrbanovic stated that he was disappointed that the City of Waterloo had not co-operated on this issue; however, he would support the revised condition proposed by Councillor C. Weylie. Further, he suggested that the Mayors of Kitchener and Waterloo consult on this issue. Councillor T. Galloway questioned if there was a process that could be commenced to obtain a boundary change so as to assist in final resolution of the problem of upgrading Woolwich Street. Council directed that a report in this regard be brought back to the Planning and Economic Development Committee. Councillor John Smola stated that he could not agree with the condition 61 proposal unless the Ontario Municipal Board considers the issue of a boundary change application being underway. Councillor J. Ziegler suggested that the Council approve of the proposed revisions to condition 61 and undertake the necessary process to implement a boundary change. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler "That Condition 61, approved by City Council on April 19, 1999, relating to both Draft Plan of Subdivision 30T-97005 (Southstaton Holdings Limited and Activa Investment Corporation) and Draft Plan of Subdivision 30T-98205 (Activa Holdings Inc. and Southstaton Holdings Limited) be deleted and revised to read as follows: 61. To make satisfactory arrangements with the City of Waterloo, including entering into an agreement to provide for the upgrading of Woolwich Street, to City of Waterloo standards, to full municipal services, save and except for gravity sanitary sewer, and save and except for curb, gutter, sidewalk and boulevard trees on the west side of the street, from the north limit of Parts 42 and 43, Plan 58R-8607 (177 Woolwich Street) up to and including the intersection of Woolwich Street with Kiwanis Park Drive, as part of the development of this Plan, all to the satisfaction of Waterloo's City Engineer. Said agreement shall be registered prior to registration of the Plan, and shall make provision for financial securities to the satisfaction of Waterloo's City Engineer. To make, along with City of Kitchener Staff, best efforts to secure the conveyance of the appropriate road widenings from the Kitchener property owners on the east side of Woolwich Street in said area by February 14, 2000. The preparation of reference plans and legal fees will be at the cost of Subdivider(s)." Councillor John Smola requested a recorded vote on Councillor Weylie's motion. In Favour: Mayor C. Zehr and Councillors T. Galloway, G. Lorentz, J. Ziegler, C. Weylie, B. Vrbanovic, M. Yantzi and K. Taylor-Harrison. Contra: Councillors Jake Smola, John Smola and J. Haalboom. Motion Carried. COUNCIL MINUTES SEPTEMBER 20, 1999 - 368 - CITY OF KITCHENER Mr. Heinz Karrenbrock appeared as a delegation and read a submission which he distributed at the meeting this date. Mr. Karrenbrock advised that he was representing himself and his wife for the purpose of summarizing the impact on them in having to oppose City approvals of a King Street development abutting his property. He maintained the conflict which was brought about by poor planning policy and staff activity in support of the development. In summary Mr. Karrenbrock expressed the opinion that they were treated poorly by City officials during the last several years. Mayor C. Zehr indicated that there was a delegation in attendance in regards to item B.7 of the Committee of the Whole agenda dealing with an encroachment agreement request. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That subject to the property owner creating a driveway visibility triangle and obtaining a minor variance from the Fence Bylaw, the Mayor and Clerk be authorized to execute an encroachment agreement with the property owner(s) of Lot 9, Registered Plan 755, municipally known as 159 Fairfield Avenue, to legalize an existing fence which encroaches 2 feet 2 inches, more or less, onto the St. Leger Street road allowance." Carried. Fire Chief J. Hancock appeared as a delegation to make a powerpoint presentation regarding the Direct-to-Home Alarm Monitoring Program that the Fire Department has undertaken. He made an official announcement with respect to a new product the department was featuring called "Direct Detect In Home Monitoring System" which connects a residential smoke alarm directly to the Kitchener Fire Department monitoring facilities. He commented on details of the system as well as benefits both in Fire Department response time and reductions that home insurance providers have indicated they will make available to policy owners who have installed such protection. He noted that the equipment and installation through dealers authorized by the Department would cost approximately $400. In reference to a memorandum circulated to Council this date, Mayor C. Zehr advised that the Legal Department has requested that additional wording referencing official trademarks be included in the recommendation. Mr. P. Sinnott who also appeared along with the Fire Chief and advised that a high proportion of the homeowners who were included in a pilot project of the system had already signed up for the service. He also noted that a business case was currently being developed and consideration would be given with respect to franchising arrangements relative to the service. In response to Councillor Jake Smola, Fire Chief Hancock indicated that service in respect to carbon monoxide detection was also in high demand. Moved by Councillor G. Lorentz Seconded by Councillor Jake Smola "That Council authorize the use of the name 'Direct Detect' and Product Identifier Symbol as marketing devices and official trademarks for the City of Kitchener's 'Direct-to-Home Alarm Monitoring Service'." Carried It was indicated that delegations who had an interest in Clause 2 of the Community Services Committee report of this date were in attendance. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That Clause 2 of the Community Services Committee report be adopted." Councillors G. Lorentz and T. Galloway accepted a friendly amendment that would provide for a sub- committee consisting of Mayor C. Zehr and Councillors T. Galloway and J. Haalboom to be established to consider possible locations in City Hall to erect the portrait of William Lyon MacKenzie King. A motion by Councillor M. Yantzi, seconded by Councillor J. Ziegler to amend Clause 2 of the Community Services Committee report so as to provide that the sub-committee restrict its search for possible location to spaces that are presently not utilized was put to a vote and lost. COUNCIL MINUTES SEPTEMBER 20, 1999 - 369 - CITY OF KITCHENER Clause 2 of the report of the Community Services Committee, as revised to include a friendly amendment already accepted, was put to a vote and Carried. Councillor T. Galloway referred to the recent tragedy that claimed the life of Mr. Peter Hallman and proposed a dedication in his memory. Moved by Councillor T. Galloway Seconded by Councillor G. Lorentz "WHEREAS our community has recently lost a Citizen of Distinction; AND WHEREAS this Citizen made significant contributions, in many different ways to various organizations, causes and elements in our community; AND WHEREAS this individual's contributions and efforts are deserving of formal permanent recognition; AND WHEREAS this individual made many and varied contributions to our community, he had a particular affinity to the sport of fastball; THEREFORE BE IT RESOLVED that the City of Kitchener hereby name the city's new sports fields at Block Line Road, the Peter Hallman Ballyard." Carried· Councillor T. Galloway advised that prior to dedication of the facility a short ball game would be held at 7 p.m. on Thursday, September 30 and extended an invitation to all members of the community to attend. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the Planning and Economic Development Committee report of this date be adopted." Voted on clause by clause. Clause 4 - Dealt with under Delegations and Carried. Balance of report - Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor T. Galloway "That the report of the Committee of the Whole of September 13, 1999 be adopted." Councillor G. Lorentz asked that the City undertake to inform itself of all the issues relative to hydro deregulation because it would be necessary at some point to make an ultimate decision on options as to future directions of the Hydro Utility. Councillor B. Vrbanovic commented that that the Committee recommendation was an action that the City was required to take regardless of future direction and proceeded to thank all of the participants who have brought the matter to this point. Councillor T. Galloway commented that the existing hydro commission developed a tremendous asset for the benefit of the municipality and noted that the Kitchener-Wilmot Hydro had the lowest rates, highest assets, highest reserves and no debt in comparison to other hydro utilities. The Committee of the Whole report (September 13, 1999) was then put to a vote and Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee of this date be adopted." Voted on clause by clause. COUNCIL MINUTES SEPTEMBER 20, 1999 - 370 - CITY OF KITCHENER Clause 2 - Dealt with under Delegations and carried, as amended. Balance of report - Carried. Moved by Councillor Jake Smola Seconded by Councillor J. Haalboom "That the report of the Environmental Committee of this date be adopted." Carried. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That the report of the Finance and Administration Committee of this date be adopted." Councillor B. Vrbanovic referred to Clause 10 of the report and stated that he thought the resolution should have referenced Mr. J. Gazzola being directed to inform present staff of the electronic mail policy. Councillor J. Ziegler indicated that this had not formed part of the recommendation but in fact was direction given to Mr. Gazzola at the Committee meeting. On motion by Councillor K. Taylor-Harrison, seconded by Councillor M. Yantzi, it was agreed that Clause 2 of the report dealing with the Kitchener Downtown Business Improvement Area be amended so as to include provision that notification be sent out to the Neighbourhood Associations abutting the areas of the proposed changes advising as to the date, time and location of the public meetings. Mr. Larry Bernier who had been in attendance at the meeting requested the opportunity to speak to the recommendation listed as Clause 5 of the report dealing with consideration of a by-law authorizing removal of waste from several properties. Mr. Bernier stated that it was not necessary for the City to act in this regard as there was now nothing left to remove. Councillor J. Ziegler advised that staff would be doing a site inspection of the property and only after the results of the inspection were clear, would they proceed with action under the by-law, if required. Mayor C. Zehr responded to Mr. Bernier pointing out that this procedure was undertaken within an approved process and advised that if he removed all of the debris, no other action would be taken by the City in this regard. A number of Councillors indicated they wished to comment in respect to Clause 14 of the report dealing with municipal governance. Councillor J. Haalboom stated that she was opposed to the recommendation because of the exclusion of Regional staff. Councillor M. Yantzi stated that he was in support of a two-tier system of municipal government. Councillor Jake Smola advised that he wished to raise 'a point of order' with respect to Clause 14 as he considered it to be contradictory to the two-tier resolution that Council previously approved. Mayor C. Zehr stated that it was his opinion the resolution adopted respecting the two-tier system of governance had been approved within the context of what Council had been dealing with earlier this year. However, it was his view that dynamics had changed considerably since Council's earlier decision. Accordingly, Mayor C. Zehr ruled that the 'point of order' raised by Councillor Jake Smola was not sustainable. Councillors B. Vrbanovic, G. Lorentz, T. Galloway and John Smola all commented that they considered the recommendation as related to information gathering only. Councillor Jake Smola indicated that he would like to amend Clause 14 of the report so as to provide for study of a one-tier system of government at the Regional level. Additional discussion took place prior to Councillor Jake Smola introducing an amendment to Clause 14 that would provide for investigation of all options under a one-tier system of municipal government. The amendment was not considered as it failed to receive a seconder. Councillor T. Galloway stated that it was his view that Clause 14 was premature as the Council was being pushed into debate. He strongly suggested that Council not debate the issue until it had a response from the Provincial government on the municipality's local government reform proposals and receipt of restructuring criteria from the Province. On motion by Councillor T. Galloway, seconded by Councillor M. Yantzi, it was agreed that action on Clause 14 be deferred and referred to a future COUNCIL MINUTES SEPTEMBER 20, 1999 - 371 - CITY OF KITCHENER Council meeting for consideration upon receipt of both a response from the Provincial Government to current local government reform proposals within the Region of Waterloo and to provision by the Province of detailed Provincial criteria respecting municipal restructuring. On motion by Councillor J. Ziegler, seconded by Councillor B. Vrbanovic, it was agreed to add a motion that was lost on a tie vote at the September 13 Committee meeting ,to the Committee report as Clause 15 for consideration. The report was then voted on clause by clause. Clause 2 - Carried, as amended. Clause 5 - Dealt with under Delegations and Carried. Clause 7 - Dealt with under Delegations and Motion Lost. Clause 14 - Action deferred and referred to a future Council meeting for consideration. Clause 15 - Motion Lost. Balance of report - Carried. Moved by Councillor J. Haalboom Seconded by Councillor T. Galloway "That the Heritage Kitchener (Local Architectural Conservation Advisory Committee) report of this date be adopted." Carried. Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That the report of the Public Works and Transportation Committee of this date be adopted." On motion by Councillor John Smola, seconded by Councillor B. Vrbanovic, it was agreed to amend Clause 1 of the report by revising the wording of the last sentence so that it form a request with respect to the existing fencing and to revise dates in sub-items 1 and 2 of Clause 3 to read "September 1, 1999 and November 1, 1998" respectively. The report was then voted on clause by clause. Clauses 1 & 3 - Carried, as amended. Balance of report - Carried. Councillor G. Lorentz stated that he thought Council had previously approved additional trimming crews within the Parks & Recreation Department. Mr. T. Clancy advised that he would investigate the matter and advise Council directly. Councillor G. Lorentz stated that at the Community Services Committee he had requested a report on the training requirements of the Kitchener Fire Department and direction was given to report to the Committee on facility needs. Councillor C. Weylie reminded members of Council that a special meeting of the Planning and Economic Development Committee was being held at 7 p.m. on Tuesday, September 21, 1999 in respect to evaluation of downtown lighting and the pilot projects in that regard. Councillor C. Weylie also gave notice that the Planning and Economic Development Committee would hold a special meeting commencing at 4 p.m. on October 18, 1999 to consider a number of outstanding items. COUNCIL MINUTES SEPTEMBER 20, 1999 - 372 - CITY OF KITCHENER Councillor J. Haalboom offered congratulations to the organizers of the recently successful Festival of Neighbourhoods event. Councillor K. Taylor-Harrison noted that two individuals were responsible for putting the event together and appealed for volunteers to assist with organizing the Year 2000 Festival of Neighbourhoods. NOTICE OF MOTION Councillor C. Weylie gave notice that at the regular Council meeting to be held October 4, 1999 she would introduce a Motion for Reconsideration of Council's August 30, 1999 decision in which it refused a part of Committee of Adjustment Submission No.F 6/99 - Denise and Linda Rouault concerning legalization of an existing fence located between 139 and 155 Markwood Drive. Councillor T. Galloway advised that the Fischer-Hallman Road extension to Westmount Road was almost complete and would provide the benefit of a significant reduction in traffic in the area of Westmount Road, Ottawa Street and Williamsburg Road. Councillor T. Galloway announced that the grand opening of the new Fire Department Headquarters on Strasburg Road would take place on Friday, October 1, 1999 at 1:30 p.m. Mayor C. Zehr advised that Mr. T. Clancy had requested the opportunity to make a few remarks being this was his last regular Council meeting before retirement. Mr. T. Clancy advised that he wished to remark on some of the departmental operations during his tenure as General Manager. In this regard, he noted that 14 staff positions had been eliminated, staff teams had been set up, staff had aggressively pursued the department's goals and that he had enjoyed strong support from an excellent staff. He emphasized that he had found that the last 31 years to be enjoyable and rewarding and thanked Council and staff as well as volunteers for all of the support they had given. Councillor K. Taylor-Harrison referred to the notices of pesticide application erected after spraying and questioned if there was any regulation that controls the amount of time that the signage is required to be in place to warn of the spraying. Ms. D. Arnold advised that she would expect such requirement would be contained in the Provincial Pesticide Act and that any concerns in this regard should be directed to the Ministry of the Environment. Moved by Councillor J. Ziegler Seconded by Councillor C. Weylie "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (b) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (C) Being a by-law to authorize the carrying out of the provisions of Chapter 650 of The City of Kitchener Municipal Code with respect to the property municipally known as 152 Shanley Street, Kitchener (d) Being a by-law to authorize the carrying out of the provisions of Chapter 650 of The City of Kitchener Municipal Code with respect to the properties municipally known as 221 and 225 Lancaster Street East, Kitchener and 98 and 102 Weber Street East, Kitchener (e) Being a by-law to designate part of the property municipally known as 379 Glasgow Street in the City of Kitchener as being of historical and architectural value (f) 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 (g) 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 COUNCIL MINUTES SEPTEMBER 20, 1999 - 373 - CITY OF KITCHENER 8. (Cont'd) (h) Being a by-law to lease the lands at 1754 Old Mill Road known as the Homer Watson House and Gallery to the Homer Watson House Foundation and to exempt the said lands from taxation for municipal and school purposes (i) To confirm all actions and proceedings of the Council (j) Being a by-law to amend By-law 85-1 known as the Zoning By-law - M.S. Custom Contractors Limited - Janet Court - No. 99/1 /Z/GR and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor M. Yantzi as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor M. Yantzi Seconded by Councillor J. Ziegler "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. 10. Moved by Councillor J. Ziegler Seconded by Councillor C. Weylie "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to change the name of a certain street in the City of Kitchener (Part of Forwell Road to Otterbein Road) (By-law No. 99-156) (b) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (By-law No. 99-157) (C) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (By-law No. 99-158) (d) Being a by-law to authorize the carrying out of the provisions of Chapter 650 of The City of Kitchener Municipal Code with respect to the property municipally known as 152 Shanley Street, Kitchener (By-law No. 99-159) (e) Being a by-law to authorize the carrying out of the provisions of Chapter 650 of The City of Kitchener Municipal Code with respect to the properties municipally known as 221 and 225 Lancaster Street East, Kitchener and 98 and 102 Weber Street East, Kitchener (By-law No. 99-160) (f) Being a by-law to designate part of the property municipally known as 379 Glasgow Street in the City of Kitchener as being of historical and architectural value (By-law No. 99-161 ) SEPTEMBER 20, 1999 10. (Cont'd) COUNCIL MINUTES - 374 - CITY OF KITCHENER (g) (h) (i) (j) (k) 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. 99-162) 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. 99-163) Being a by-law to lease the lands at 1754 Old Mill Road known as the Homer Watson House and Gallery to the Homer Watson House Foundation and to exempt the said lands from taxation for municipal and school purposes To confirm all actions and proceedings of the Council Being a by-law to amend By-law 85-1 known as the Zoning Contractors Limited - Janet Court - No. 99/1 /Z/GR (By-law No. 99-164) (By-law No. 99-165) By-law - M.S. Custom (By-law No. 99-166) 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 SEPTEMBER 20, 1999 - 375 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE That Zone Change Application ZC 92/21/W/LB (809 Wellington Street North - Electrohome Limited - First Gulf Development Corporation) requesting a change in zoning to add Special Regulation Provision 316R to the existing General Industrial Zone (M-2) on lands legally described as Part of Lots 32, 33 and 34, Registered Plan 763, more particularly described as Part 2, Reference Plan 58R-3130 in the City of Kitchener, be approved, in the form shown in the attached "Proposed By-law", dated July 16, 1999, 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 ZC99/01/Z/GR (Janet Court/Zeller Drive - M.S. Custom Contractors Limited) requesting a change in zoning from Agricultural One Zone (A-l) according to By-law 85-1 to Residential Three Zone (R-3), Residential Three Zone with special regulation provision 1 R, Residential Three Zone with special regulation provision 312R, Open Space Zone (P-2), and Open Space Zone (P-2) with special regulation provision 1 R, all according to By-law 85-1, on Part of Lot 119, German Company Tract, be approved in the form shown in the attached Proposed By-law dated August 3, 1999. 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 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-99201 in the City of Kitchener for M.S. Custom Contractors Limited, subject to the following conditions: That this approval applies to Plan of Subdivision 30T-99201 for M.S. Custom Contractors Limited as shown on the plan prepared by MHBC Planning Ltd., dated June 30, 1999, and as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated July 28, 1999, which shows the following: Sta.qe 1 Lots 1 Block Block Block -15 - Single Detached Residential (maximum 15 units) 16 - Park 17 - Open Space 18 - Emergency Access Sta.qe 2 Block 1 - Future Development Block (maximum of 3 units) 2. CITY OF KITCHENER CONDITIONS 1) That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council, to include a revision to condition 41 to provide for the addition of 'an advisory note on airport noise on the subdivision sign in respect of noise generated by the Waterloo Regional Airport', embracing those lands shown outlined in the attached Plan of Subdivision and that the following special conditions, which may be re- numbered, 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 July 28, 1999, provided that 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 COUNCIL MINUTES SEPTEMBER 20, 1999 - 376 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 2. Cont'd 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. To submit a Lot Grading and Drainage Control Plan for the approval of the City's General Manager of Public Works, in consultation with the City's General Manager of Parks and Recreation and the Grand River Conservation Authority, prior to registration of any stage of the Subdivision Plan. Said grading plan shall also include the proposed grading for the pedestrian trail over Blocks 16 and 17. 53. That the division of any lots or blocks by Part Lot Control shall be subject to compliance with the following requirements: i) 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 and Section 6.8 (ii) 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 cornpromised, 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. COUNCIL MINUTES SEPTEMBER 20, 1999 - 377 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 2. Cont'd b) to obtain approval of Iotting plans for each lot or block illustrating lotring, service connections, street utility hardware 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. 54. To obtain from the Grand River Conservation Authority 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 services and prior to the City's release of any stage of the Subdivision Plan for registration. 55. That the name of the street within the Plan shall be "Janet Court", which name shall appear on the final registered plan. 56. That construction traffic to and from the proposed subdivision shall be restricted to using Zeller Drive to Lackner Boulevard. 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 Transportation. 57. To construct 1.5 metre wide concrete sidewalks along the south side of Janet Court within the limit of the plan of subdivision to Block 18, to the satisfaction of the General Manager of Public Works. 58. That in consideration of the wooded character of the subdivision lands and the City's desire to minimize the impact of development on treed areas worth retaining, to comply with the following process in the development of the subdivision in accordance with the City's approved Tree Management Policy: a) Prior to the City's releasing Stage 1 of the subdivision plan for registration, the Subdivider shall submit the Detailed Vegetation Plan, for the approval of the City's Director of Planning; b) That no area/rough grading shall occur on the lands until such time as all approved measures for protection of isolated trees, tree clusters and woodlands affected by such grading have been satisfactorily implemented, the City has inspected these measures and the Subdivider has received a written authorization from the City's Department of Public Works to proceed with said grading; c) To implement and be responsible for providing all information contained in the approved Detailed Vegetation Plan, Tree Preservation/Enhancement Plan (if applicable), to all of his heirs, executors, administrators, successors and assigns in order to ensure that the requirements outlined in said plan(s) are carried out as specified; d) A Tree Preservation/Enhancement Plan will be required for those lots or blocks, prior to applying for or having issued any building permits, which are subject to site plan approval under Section 41 of the Planning Act, corner lots (where site COUNCIL MINUTES SEPTEMBER 20, 1999 - 378 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 2. Cont'd service locations and building type have not been predetermined), interior lots greater than 13.7 metres of street frontage, proposed building structure that is located deeper on the lot than that approved on the Detailed Vegetation Plan and/or the revised grading will have an adverse effect on the Detailed Vegetation Plan; e) In the event of construction causing minor tree damage, remedial measures such as timing, dressing, or bark doctoring shall be implemented at the Subdividers cost and as directed by the Consultant who prepared the approved plan. In cases major irreparable tree damage is done, liability is questionable, or the tree is judged to be unsafe in the opinion of the Subdividers Environmental Consultant and/or the City, each such tree shall be removed and replaced with at least one tree of equal value based on the tree value formula as set out in the "Guide for Plant Appraisal", International Society of Arboraculture, Latest Edition. Tree replacements are to be located on the same lot or block as the tree requiring removal or to a location within the subdivision requiring enhancement. Furthermore, such remedial measures or tree replacements shall be approved by the Department of Business and Planning Services and shall be satisfactorily implemented prior to occupancy of the unit or due to weather conditions, by the next planting season. 59. To convey to the City of Kitchener, at no cost and free of encumbrance, concurrent with the registration of the Plan of Subdivision: a) Block b) Block c) Block 16 for Park purposes; 17 for Open Space purposes; and 18 for Emergency Access purposes. 60. To grant to the City of Kitchener, a conservation easement, approved by the City's Solicitor, over the rear portion of Lots 4 and 5 zoned Open Space, said easement to be registered immediately concurrently with Stage 1 of the Plan of Subdivision. 61. To install a permanent 1.2 metre high paige wire fence or an alternate marking system to the satisfaction of the City's General Manager of Parks and Recreation along the boundary of Lots 4 to 10 where such lots abut Blocks 16 and 17, Environmentally Sensitive Policy Area No. 24 (ESPA No. 24), prior to occupancy of Lots 4 to 10. 62. To prepare plans for the design and construction of an emergency access in accordance with the "Subdivision Layout with Environmental and Tree Management Recommendations " prepared by EcoPlans Limited, dated July, 1999 (revised), over Block 18 for the approval of the City's General Manager of Public Works in consultation with the City's Fire Chief, and to construct said emergency access at the Subdividers cost and to the satisfaction of the General Manager of Public Works prior to the issuance of any building permits. Said plans shall include the provision of planting of native shrub vegetation along the easterly edge of the access in order to prevent soil erosion as well as paige COUNCIL MINUTES SEPTEMBER 20, 1999 - 379 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 2. Cont'd wire and silt fencing along the access setback during construction. 63. a) The Subdivider agrees that the pedestrian trail on Block 16 and 17 shall be completed to the satisfaction of the General Manager of Parks and Recreation prior to the occupancy of Lots 4 to 10; b) It is acknowledged that these works are included in the City's Development Charges By-law 91-314, as amended, and the City shall be responsible for 100% of the costs of the works; c) If sufficient money is not allocated for the City's Development Charge Account to permit the City to fund these works and the Subdivider wishes to proceed, the Subdivider agrees to provide and up-front the costs of the works; d) 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 Development Charges payable 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 aggainst the title of each identified lot or block; e) 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; f) If the registration of the plan is staged, a Supplementary Agreement identifying each lot or block for which credits are payable shall be registered for each stage prior to the registration of each stage of the plan of subdivision, until there is no outstanding balance remaining; g) 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. 64. 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 installation of services within the Plan of Subdivision. 65. That the conveyance of Blocks 16 and 17 which have a combined area of 0.502 hectares, fulfills the park dedication requirements under the Planning Act. 66. That Stage 2 of the plan of subdivision not be registered until such time as full municipal services are provided on Zeller Drive and available service the lands contained in Block 1, Stage 2. 67. The Subdivider agrees to include the following warning clause in all Offers to Purchase / Agreements of Purchase and Sale and Rental COUNCIL MINUTES SEPTEMBER 20, 1999 - 380 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 2. Cont'd Agreements for all lots in the Plan of Subdivision, which warning clause shall not be released from title: WARNING CLAUSE Notwithstanding the fact that this property is located outside the 25 NEF (Noise Exposure Forecast) for the Waterloo Regional Airport, noise levels from the airport operations may cause concern to some individuals. 3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS 1) 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." 2) That prior to any grading or construction, and final approval for all part of the draft plan of subdivision, a consultant Archaeologist shall carry out an Archaeological Survey and Rescue Excavation of any significant archaeological remains found on the site, at the expense of the owner. 4. OTHER AGENCY CONDITIONS 1) That prior to any grading or construction on the site and prior to registration of the plan, the owners or their agents submit the following plans and reports to the satisfaction of the Grand River Conservation Authority: a) A final Stormwater Management Report in accordance with the 1994 Ministry of Environment and Energy Report entitled "Stormwater Management Practices Planning and Design Manual", and in keeping with the Preliminary Stormwater Management Approach as outlined in the Scoped Environmental Impact State - COUNCIL MINUTES SEPTEMBER 20, 1999 - 381 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 2. Cont'd ment and General Vegetation Overview (Ecoplans Limited - April, 1999). b) An Erosion and Siltation Control Plan in accordance with the Grand River Conservation Authority's Guidelines for sediment and erosion control, indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction. c) A detailed Lot Grading and Drainage Plan having consideration for the grading limits as indicated in the Subdivision Layout with Environmental and Tree Management Recommendations, Figure 3, last revised July, 1999. d) An application for Fill, Construction and Alteration to Waterways Regulation Permit pursuant to Ontario Regulation 149 as amended by 69/93 and 669/94 and 142/98 prior to any placement of fill or grading within the Scheduled Fill Line for the Grand River. 5. CLEARANCE CONDITIONS 1) 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 condition 3.1 and 3.2 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 such condition has been satisfied. 2) 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. 6. NOTES: 1) The owneddeveloper 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 91-91, 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 owneddeveloper may pay 100% of the "Hard Service" development charge component as calculated in accordance with section 1 of Schedule "C" of By-law 91-91, directly to the Regional Municipality of Waterloo; or COUNCIL MINUTES SEPTEMBER 20, 1999 - 382 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 2. Cont'd ii) prior to entering into a subdivision agreement with the City of Kitchener, the owneddeveloper 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 91-91. c) The owneddeveloper 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. 2) The final plans for Registration must be in conformity with Ontario Regulation 43~96, as amended, under the Registry Act. 3) 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. 4) 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. 5) The owneddeveloper 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, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. 6) The proposed water distribution system meets the definition of a "water works" as defined in the Ontario Water Resources Act. Prior to the construction of the proposed water supply system. 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. 7) The proposed storm water management system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Prior to the construction of the proposed water supply system. 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. 8) The proposed sanitary sewage collection system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Prior to the construction of the proposed water supply system. Therefore, approval of the Director must be obtained under Section 53 of the Ontario COUNCIL MINUTES SEPTEMBER 20, 1999 - 383 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 2. Cont'd 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. 9) 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). lo) The owneddeveloper 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 owneddeveloper 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 owneddeveloper 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 owneddeveloper 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. 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 Managers 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) Four (4) Four (4) original mylar mylar copies white paper prints It is the opinion of this Committee that approval of this application is proper planning for the City. That Council grant an exemption to Policy 1-745 respecting sidewalks to allow for sidewalks to be provided on one side only of the extension of Janet Court to connect the existing sidewalk to the emergency access. COUNCIL MINUTES SEPTEMBER 20, 1999 - 384 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) That Council receive the 'draft' Commercial Policy Review Study prepared by Royal LePage Strategic Advisory Services and The Planning Partnership; and further, That the Department of Business and Planning Services be directed to circulate the draft report for discussion with the business community and interested parties and finally, to make every effort to present the final study, together with public comments, to Planning and Economic Development Committee at their meeting of October 25, 1999. That Business and Planning Services staff report BPS 99/132 (Restrictive Covenants - Mclntyre Drive, Site 95, Huron Business Park, Phase II) be deferred and referred to not later than the November 1, 1999 Council meeting for consideration. (Dealt with under Delegations and Carried) COMMITTEE OF THE WHOLE (SEPTEMBER 13, 1999) - That the City of Kitchener retain, at this time, its share of Kitchener-Wilmot Hydro as a for-profit organization, and that the Hydro Deregulation Steering Committee proceed as expeditiously as possible to establish and incorporate, under the Ontario Business Corporations Act, a holding company, a distribution company and an energy services company as outlined on page four of the August 26, 1999 report of Donahue & Partners/Ernst & Young entitled "Corporatization of Kitchener-Wilmot Hydro". COMMUNITY SERVICES COMMITTEE - That the Kitchener Memorial Auditorium Complex provide a location on its Wall of Fame level for the permanent display of the Kitchener-Waterloo Athlete of the Year trophy and recognition plaques of the annual winners; and further, That the display and upkeep of the Athlete of the Year trophy and recognition plaques be funded by the Civitan Club of Kitchener-Waterloo. That the City of Kitchener proceed with the restoration of the portrait of William Lyon Mackenzie King for installation at City Hall, in time for the University of Waterloo King Collquium in December 1999; and, That the funds for the restoration of the portrait of William Lyon Mackenzie King be paid from the existing capital account, established in 1998, for repairs and maintenance of public art in the Civic Collection; and further, That a sub-committee of the Community Services Committee, consisting of Mayor C. Zehr and Councillors T. Galloway and J. Haalboom, be established to consider possible locations in City Hall to erect the portrait of William Lyon Mackenzie King. (Dealt with under Delegations and Carried, as amended) ENVIRONMENTAL COMMITTEE - That the Department of Parks and Recreation Annual Report on Use of Pesticides on Public Lands (1998), be accepted. FINANCE AND ADMINISTRATION COMMITTEE - That Council agree in principle to the request by Options for Homes to defer a portion of the development charges payable for an affordable housing project to be constructed on the lands bounded by Park/Strange/Dominion Streets subject to the details of such deferral being arranged to the satisfaction of the City Solicitor and finally approved by City Council; and, COUNCIL MINUTES SEPTEMBER 20, 1999 - 385 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE (CONT'D) - 1. (Cont'd) That consideration be given to adding the lands bounded by Park/Strange/Dominion Streets (Uniroyal Goodrich Parking Lot) to the list of adaptive re-use sites in the City to further support initiatives of the development of these lands; and, That staff report to Management Committee in one month's time on the proposed development charge deferral arrangements; and, That, as part of their research on the arrangements for deferral of development charges for Options for Homes, staff consult with a representative from the mortgage industry and the K-W Homebuilders' Association; and further, That the staff report on the Option for Homes consider the specific arrangements for development charge deferral as a standard incentive for proposals for affordable housing. That the City of Kitchener supports the request of the Kitchener Downtown Business Association to pursue a boundary expansion for the Kitchener Downtown Business Improvement Area, as shown on the map considered at the Finance and Administration Committee meeting on September 13, 1999; save and except that the eastern limit of the revised boundary be King Street East at Madison Avenue; and further That notification be sent out to the neighbourhood associations abutting the areas of the proposed changes advising as to the date, time and location of the public meetings. (As Amended) That a staff group work with Miriam d'Achille of K-W Healing Centre to determine the possibility, including planning issues and costs, of the K-W Healing Centre occupying the former hydro sub-station in Eden Avenue in Gildner Green; with a report to be presented at a future Finance and Administration Committee meeting. That consideration of the request of staff for a Lot Maintenance By-law, pursuant to Chapter 650 of the Municipal Code, for 16 Gildner Avenue be deferred and referred to the Finance and Administration Committee meeting of September 27, 1999; with a recommendation to be forwarded to the Special Council meetin.q that date; and further, That municipal enforcement staff inspect the property at 16 Gildner Avenue on Friday September 24, 1999 and report to the Finance and Administration Committee on September 27, 1999 as to their findings. That City Council consider a by-law at its September 20, 1999 meeting authorizing the removal of waste material from 221 and 225 Lancaster Street and 98 & 102 Weber Street East, at the property owner's expense, if this has not been done by the owner on or before September 20, 1999. (Dealt with under Delegations and Carried) That 490 King Street West be removed as a location in the Street Vendor's By-law in the year 2000; and further, That staff investigate complaints made against the street vendor in front of 490 King Street West and report to the Finance and Administration Committee meeting on September 27, 1999 suggesting how these complaints should be handled. That no action be taken on the request of Homeniuk Rides Inc. to hold a midway at 245 Strasburg Road (former Bestpipe location) from September 30 to October 3, 1999. (Dealt with under Delegations and Motion Lost) COUNCIL MINUTES SEPTEMBER 20, 1999 - 386 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE (CONT'D) - That Policy 1-148 (Municipal Freedom of Information and Protection of Privacy Act Appointments) be amended as outlined in the correspondence of R. W. Pritchard, General Manager of Corporate Services & City Clerk, dated September 7, 1999, to reflect administrative changes resulting from the retirement of L. F. Parkhouse as Deputy City Clerk, as well as various changes involving job title. That Council consider a by-law at the September 20, 1999, Council meeting authorizing the removal of waste material and discarded vehicle from 152 Shanley Street, at the property owner's expense, if this has not been done by the owner on or before September 20, 1999. 10. That Council approve the proposed policy regarding electronic mail, as contained in the report of Mr. D. Paterson, Director of Human Resources, dated September 8, 1999; and further, That the City Solicitor provide an opinion on the desire or need for an e-mail policy for the Mayor and Members of Council. 11. That Bethany Evangelical Missionary Church, 160 Lancaster Street East, be granted an exemption from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code during the staging of a Christmas Pageant in the Church parking lot the evenings of December 8, 9, 10 & 11, 1999, in accordance with the written request of Reverend William Anderson dated August 11, 1999. 12. That no action be taken to oppose the application for a liquor licence by Sunrise Delight Restaurant, 20 Cedar Street North, Kitchener. 13. That effective in the 1999 taxation year, Council grant a five-year exemption from the City portion of the municipal taxes to the Army, Navy and Air Force Club, 408 Gage Avenue; and further, That the Regional Municipality of Waterloo be encouraged to grant an exemption of their portion of municipal property taxes to the Army, Navy and Air Force Club, 408 Gage Avenue, Kitchener. 14. That City of Kitchener staff meet with staff of the six other lower tier municipalities in the Region of Waterloo to investigate the possibility of a one-tier system of municipal government at the lower level; with Regional staff being excluded from these investigations; and further, That the five guidelines for municipal restructuring, forthcoming from the Province, dealing with such matters as reduced numbers of politicians, less administration, a more efficient municipal government system and lower taxes be the guiding principles by which staff investigate the possibility of a one-tier, lower level, system of municipal government. (Action deferred and referred to a future Council meeting for consideration upon receipt of both a response from the Provincial Government to current Local Government Reform proposals within the Region of Waterloo and to provision by the Province of detailed Provincial criteria respecting municipal restructuring) 15. That Council approve a 50 per cent reduction in any invoices issued prior to September 13, 1999, to the owner of The Banke, for poster removal in the Downtown; and, That the owner of The Banke be advised that Council will not consider any reduction of any future invoices which may be issued to him for poster removal in the Downtown; and further, That The Banke be requested to include a clause in all contacts with bands, making them aware of the City of Kitchener's requirements for postering in the Downtown. (Motion Lost) COUNCIL MINUTES SEPTEMBER 20, 1999 - 387 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER (L.A.C.A.C.) That the former Uniroyal Ltd. factory parking lot, located in the Cherry Hill neighbourhood area, be regarded as having high potential for archaeological significance. That, in anticipation of a site plan application being submitted in the near future proposing redevelopment of the former Uniroyal Ltd. factory parking lot, City Council advance $5,000.00 from the year 2001 to 2000 in the Capital Forecast from the "Urban Archaeological Master Plan" account, to conduct a Stage 1 & 2 archaeological assessment of the property. That, pursuant to Section 43 of the Ontario Heritage Act, Council approved the request of the owner to alter the front door of the women's washroom in the comfort station at Victoria Park, (located in the Victoria Park Heritage Conservation District), as shown on the drawing prepared by Vic Starchuk and Associates Inc., dated September 10, 1999, provided that the colour is consistent with all other doors and windows; and further, That existing interior materials, in the women's washroom, which are of architectural significance, such as flooring, be preserved and incorporated into any new configuration, if at all possible. That, pursuant to Section 33 of the Ontario Heritage Act, Council approve the request of the owner to alter the designated property municipally known as 307 Queen Street South, (Bread and Roses Housing Co-operative) by replacing the evestrough on the parking lot side of the building with a larger, deeper evestrough and by installing an evestrough on the Courtland Avenue facade of the building, with the downspout to be located at the south east corner of the building, provided this location meets Building's and Public Works' requirements. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That Council request the Ministry of Transportation to consider including timing controls within the contract for the widening and reconstruction of Highway 8, from the Conestoga Parkway to Fergus Avenue, so as to shorten the length of time for construction where possible and, in particular, to restrict the construction time for removal and replacement of the Franklin Street bridge to no more than 1 year; and, That any request for an exemption to the City's Noise By-law with respect to this project exclude any excessive night time noise construction such as pile driving; and further, That we request that the portion of the existing fencing on Highway 8, located on the Kingsway Drive side within the construction zone, be removed and replaced. (As Amended) That the Regional Municipality of Waterloo be requested to take the following actions with respect to the transfer of waste collection services to the Region on January 1, 2000, namely: Assume the current garbage collection contract with Browning Ferris Industries and the administration of it effective January 1, 2000. Assume the City's current Waste Collection By-law as a new Regional By-law effective January 1, 2000. 3. Commence Regional enforcement of all aspects of the Waste Collection By-law effective January 1,2000. Maintain existing levels of service until the current contract with Browning Ferris Industries expires (September 30, 2001 ). Continue the City's garbage rebate programme for calendar years 1999, 2000, and 2001, to coincide with the term of the City's present waste collection contract. 6. Undertake a public consultation process if any changes in levels of service are contemplated in a new tender for waste collection services in 2001. COUNCIL MINUTES SEPTEMBER 20, 1999 - 388 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE (CONT'D) - 2. (Cont'd) Assume the provision and maintenance of all litter containers including those downtown, on streets, in Parks, and at Transit stops and shelters commencing January 1,2000. 8. Undertake an educational programme to inform the public about the changes in jurisdiction for waste collection service. That the City of Kitchener approve, and the Mayor and Clerk be authorized to execute, the following standard form contracts for the purpose of managing the natural gas delivery needs: 1. Interruptible Service Hub Contract (All Services/All Points) with Union Gas Limited (Revised: Sept. 1/99) Parking and Loan Service (PALS) Contract with TransCanada Pipelines Limited (Date: Nov. 1 ~98) Multiple Handshakes/Pooling Service (MHPS) Contract with TransCanada Pipelines Limited (Date: Nov. 1/98). (As Amended) That the CCTV Surveillance System at the Transit Terminal be enhanced to cover identified deficiencies; and, That quotations be solicited from qualified suppliers to upgrade the existing surveillance system at the Transit Terminal; and further, That funds from the Capital Budget initially targeted for a new on board radio system be utilized for the CCTV system upgrade. That parking be prohibited on the west side of Whisperwood Court, seven days a week, from the intersection of Windrush Trail to a point 246 metres north thereof, from 10:00 a.m. to 8:00 p.m., for a temporary period beginning September 20, 1999 through January 31, 2000; and further, That the Uniform Traffic By-law be amended accordingly. SEPTEMBER 20, 1999 Be COUNCIL MINUTES - 389 - 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. Execution of En.qineerin.q A.qreement - WEST WARD It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Stantec Consulting Limited, regarding the Huntington Place Subdivision, Plan 30T-98206." 2. Various Licences It was resolved: CITY OF KITCHENER i) Social Gaming Event - K-W Oktoberfest "That the City of Kitchener has no objection to a Provincial Licence being issued to the Kitchener Waterloo Oktoberfest to hold a Social Gaming Event on October 8th to 16th, 1999, at Marshall Hall, Bingeman Park Farms, 1380 Victoria Street North, Kitchener." ii) Massagists "That the following massagists who are employed at 1412 Victoria St. N., Kitchener, be granted Massagist licences for the year 1999: Heather Williams Angela Vandergaag." Agreement - Victorian Order of Nurses It was resolved: "That the City enter into a contract with the Victorian Order of Nurses Waterloo - Wellington - Dufferin for the provision of footcare clinic services to senior citizens at each of Breithaupt Centre and Victoria School Centre for a two year term, and any renewal contracts thereafter, with such contracts to be satisfactory to the City Solicitor; And further, that Council delegates authority to the City's Division Manager- Aquatics/Breithaupt Centre to sign the footcare clinic contract and any renewal contracts pertaining to the Breithaupt Centre and to the City's Victoria School Centre Supervisor to sign the footcare clinic contract and any renewal contracts pertaining to Victoria School Centre." Homer Watson House Foundation - Preservation of Tax Exempt Status - DOON- PIONEER WARD It was resolved: "That the Homer Watson House & Gallery located at 1754 Old Mill Road, Kitchener, which is owned by the City, is used by the Homer Watson House Foundation for the purpose of the municipality and for a public use." COUNCIL MINUTES SEPTEMBER 20, 1999 - 390 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 5. Doq Desiqnation Appeal It was resolved: "That the September 1, 1999 decision of the Dog Designation Appeal Committee regarding an appeal filed by Imtiaz Rahaman be ratified and confirmed." 6. Appointment - Kitchener Downtown Improvement Area Board of Manaqement It was resolved: "That Mr. Kelly McCauley, General Manager- Four Points Sheraton Hotel, be appointed to the Kitchener Downtown Improvement Area Board of Management for a term expiring on November 30 , 2000. to fill the unexpired term of Rawi Zayadi who has resigned." 7. Encroachment Aqreement Request (Fence) - BRIDGEPORT-NORTH WARD This item was dealt with under Delegations. 8. Noise By-law Exemption Request - FAIRVIEW WARD Councillor J. Ziegler stated that he opposed the staff recommendation to grant blanket exemption from the Noise By-law requested by Drewlo Holdings and its Contractors for the period September 27, 1999 to December 31, 2000. He noted that the two 19-storey towers to be constructed were adjacent to other residences. Accordingly, he suggested that only periodic justifiable exemptions be granted upon consideration of requests in this regard by Mr. J. Witmer. On motion by Councillor J. Ziegler - It was resolved: "That Mr. J. Witmer, Director of the Building Division, be delegated authority to grant only periodic justifiable exemptions upon application by Drewlo Holdings and its Contractor(s) to be exempt from the provisions of Chapter 450 - Noise of the City of Kitchener Municipal Code, Article 6 (Construction Work) during the construction of twin 19 storey towers at 425 Wilson Avenue for the purpose of finishing concrete work between the hours of 6:00 p.m. to 9:00 p.m., for the period from September 27, 1999 to December 31, 2000." 9. Acceptance of Tenders This item was dealt with under Delegations. 10. Other Tenders for City Council Consideration This item was dealt with under Delegations. 11. Addendum Aqreement - Browninq-Ferris Industries Ltd. It was resolved: "That the Mayor and Clerk be authorized to sign a second amending agreement to the agreement with Browning-Ferris Industries Ltd. dated November 17, 1989, and as amended by agreement dated February 3, 1993, to extend the term of the agreement to September 30, 2001 and to provide for a fixed base collection price of $3.78 per household unit per month effective October 1, 1999 and continuing until the expiry of the extended term of the agreement." SEPTEMBER 20, 1999 COUNCIL MINUTES - 391 - COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 12. CITY OF KITCHENER Committee of Adjustment - Variances to Municipal Code, Chapter 630 (Fence) - ROCKWAY-VICTORIA, CHICOPEE AND BRIDGEPORT-NORTH WARDS Committee of Adjustment Submission No.F 7/99 - Robert and Jennifer Maxwell (28 Donley Street) was dealt with under Delegations. It was resolved: "That Council ratify and confirm the September 14, 1999 decision of the Committee of Adjustment recommending approval of: Submission No. F 10/99 - Trustees of Emmanuel Bible College (70 Fergus Avenue) Submission No. F 11/99 - Steve Leiska (159 Fairfield Avenue)."