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HomeMy WebLinkAboutCouncil Minutes - 1999-11-01COUNCIL MINUTES NOVEMBER 1, 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 Yvonne Jarsch, King School of Vocal. Mayor C. Zehr thanked Miss Jarsch for her rendition of the National Anthem. Prior to consideration of acceptance of the minutes of the special Council meeting held October 18, 1999, it was agreed to correct and amend them so as to refer to the Confirmatory By-law being numbered as By-law 99-180 rather than 99-177. On motion by Councillor K. Taylor-Harrison, the minutes of the regular meeting held on October 4, 1999 and special meetings held October 14 and 25, 1999, as mailed to the Mayor and Councillors, and the special meeting held October 18, 1999, as amended this date, were accepted. COMMUNICATIONS REFERRED TO COMMITTEE OF THE WHOLE - (1) Letter dated October 27, 1999 from R.W. Pritchard, General Manager of Corporate Services and City Clerk, relative to applications for cancellation, refund, reduction or levy of taxes. COMMUNICATIONS REFERRED DIRECTLY TO FILE- (1) Undated letter from Marie-Paule Scott, Canadian Transportation Agency, responding to Council's August 30, 1999 resolution supporting the City of Oakville in regard to noise complaints against the Canadian National Railway Company. (2) Letter dated October 14, 1999, from Steven Mclnnis, Ministry of Transportation, responding to Council's September 20, 1999 resolution requesting that timing controls be included within the contract for the widening and reconstruction of Highway 8, avoiding excessive night-time construction noise, and removal and replacement of a portion of existing fence on Highway 8. Mr. L. Gordon, Manager of Purchasing, was in attendance to answer any questions concerning the tenders listed under Item B.5 of the Committee of the Whole agenda of this date. Council was advised that an additional tender was being added for consideration this date being proposal P99- 094, Campus Data and Voice Communication Infrastructure. Councillor Jake Smola questioned tender T99-092 as to whether seating capacity was specified in the tender documents. Mr. Gordon responded that it was not as this came through as an additional opportunity. Councillor Jake Smola then questioned whether this would be permitted as it was not in the tender specifications and Mr. Gordon responded that the tender asked for additional service and spoke of the routes and requirements. He felt that it was in the City's discretion to accept this tender. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That tender T99-089, Margaret Avenue Bridge Railing Replacements, be awarded to Engineered Concrete Limited, Kitchener at their tendered price of $119,492.79, including G.S.T. and a contingency of $8,968." - and - "That tender T99-092, Feeder System to Regular Transit System (Bus/Taxi) Laurentian West and Highland West Neighbourhoods, be awarded to Hendry Coach Lines Inc., Kitchener, at their tendered price of $38,774., plus G.S.T." - and - "That proposal P99-094, Campus Data and Voice Communication Infrastructure, be awarded to Network Cabling Service Limited, Oakville, at their proposed price of $63,786.12, plus G.S.T." Carried. COUNCIL MINUTES NOVEMBER 1, 1999 - 421 - CITY OF KITCHENER Mr. T. Boutilier appeared as a delegation and advised that each year the Ontario Professional Planning Institute sponsors the "Excellence in Planning Awards" to recognize creativity, innovation and effectiveness among professional planners and that on September 23, 1999, Kitchener had received provincial recognition for its "Trees for Our Future" program. He then presented the Institute's "Outstanding Planning Award" to Mayor C. Zehr who accepted on behalf of the City. Mayor Zehr commented that the program was developed by City staff whom he identified as: Tom Clancy, Dan Daly, Mike Mahaffey, Karen Schropp, Jeannie Murphy, Paul Sinnott and Terry Boutilier. Mayor Zehr advised that the program was supported by the following sponsors: Canada Trust 'Friends of the Environment Foundation', Quarry Integrated Communications Inc., Kitchener Utilities and The Record. He then called on representatives of each sponsor to present them with plaques recognizing their support. Mr. T. Boutilier pointed out that the fall season was the best time to plant trees and that the 1999 program would run until November 30, 1999. He advised that information on the program was available at the six participating garden centres whom he identified. Mr. Dan Daly appeared as a delegation and commented that in 1990, Canada Trust had established the 'Friends of the Environment Foundation' as a non-profit organization with the vision of providing funding to assist the environment. At this time, he presented a framed picture to Ms. Lori Jacques and Moragh Hayes who accepted the recognition on behalf of the Foundation. Mayor C. Zehr advised that the inscription below the picture read 'Presented to the Friends of the Environment Foundation by the Citizens of Kitchener to recognize the Foundation's many contributions to the environmental quality of our City - November 1, 1999'. Mr. Ted Bleaney, Vice-President of the Forest Heights Community Association, appeared as a delegation to thank Council for its support three years ago and $60,000. loan commitment to the Association in connection with the construction of the Forest Heights Community Centre. At this time, he presented a cheque in the amount of $15,000. payable to the City to Mayor C. Zehr and Councillor G. Lorentz which represented the final $15,000. payment on the $60,000. loan. Mayor C. Zehr stated that the project had been a good example of community participation and Councillor G. Lorentz emphasized that the community, with a close-knit group of volunteers, had made and met a very large financial commitment that it had undertaken. Mr. Tim Dickson, Co-Chair of the Mayor's Advisory Council on Youth (MACOY) appeared as a delegation to formally submit MACOY's Annual Report. In his presentation he remarked on the following: that MACOY now had a monthly newsletter as well as an e-mail address, past and current programs and that the Youth Awards were planned for March 31,2000. With the assistance of Mayor C. Zehr, Mr. Dickson presented Certificates and T-shirts from MACOY to departing members of MACOY and introduced the members of MACOY's new executive who were in attendance. Mr. Dickson also presented MACOY T-shirts to Mayor C. Zehr and Councillors K. Taylor-Harrison and B. Vrbanovic in recognition of their support. Mayor Zehr expressed his appreciation for the work of MACOY during the past year as did Councillor K. Taylor-Harrison. Ms. Melanie Kramer and Mr. Michael Alviano, KOR Gallery and Studios appeared as a delegation to request that an upcoming event to be held by KOR on Saturday, December 11, 1999, be declared of municipal significance. The delegation provided details of the 'Firescape A KOR Solstice' event and advised that the intention was to serve beer and wine subject to receipt of approval from the LLBO. Moved by Councillor B. Vrbanovic Seconded by Councillor T. Galloway "That subject to meeting applicable licensing criteria and approval, we allow KOR Gallery and Studios to sell beer and wine from a section of the former Fire Department Headquarters, 150 Highland Road West, Kitchener, as part of the 'Firescape A KOR Solstice' on Saturday, December 11, 1999; and further, That the KOR Gallery and Studios' event called 'Firescape A KOR Solstice' to be held at its temporary location in the former Fire Department Headquarters, 150 Highland Road West, Kitchener, is of 'Municipal Significance' for the following reasons: - The event will showcase what KOR has accomplished, provide for a tour and celebration of the beginning of a fully functioning gallery and studio. - It involves musical performances, dance, poetry and art exhibits. - It is a multimedia event featuring KOR participants as well as other emerging local artists and musicians. COUNCIL MINUTES NOVEMBER 1, 1999 - 422 - CITY OF KITCHENER The event will enhance KOR's mandate to provide emerging artists with the training and support necessary to develop and market their skills and strengthen the prominence of the arts in the community." Carried. Fire Chief J. Hancock appeared as a delegation to advise City Council that Deputy Fire Chief Bert Kuntz had received professional designation as Chief Fire Officer (CFO). He advised that the CFO was a professional designation of the Canadian Association of Fire Chiefs and was awarded to chief officers of the fire service that had demonstrated proficiency in their profession in eight categories. He advised that the Lieutenant Governor of Nova Scotia had presented Deputy Fire Chief Kuntz with his designation and a plaque last August. At this time, Fire Chief Hancock announced that Bert Kuntz was the first Canadian Fire Officer to have been awarded the CFO designation. Mr. Lloyd Wright appeared as a delegation representing the Joint Executive Committee of the Hospitals of Waterloo Region. He indicated that local hospital officials were in attendance with him and then with the assistance of an overhead presentation remarked on health issues within the community and directives of the Health Restructuring Commission. He noted that a good start had been made in respect to addressing some of the Region's needs as to specialized services as well as expanded services. Reference was made to the $236 M to accommodate hospital capital development needs of which approximately $88 M needed to be raised locally with in excess of $40 M from each of the Region and community fundraising. He stressed the need to secure community support and commitment to address the existing state of underservicing. Councillor C. Weylie questioned the community's ability to raise in excess of $40 M through fundraising and suggested that a higher level of support should have been sought from the Region of Waterloo. The delegation indicated that once the Feasibility Study was complete, there would be a better understanding of what level of funding could be raised from the Region and from local fundraising efforts. Councillor T. Galloway commented that the funding requirements would be dealt with as part of the Region of Waterloo's budget process. Mr. Ray McCormick appeared as a delegation to express personal concerns regarding the Kitchener Minor Hockey Association. Mayor C. Zehr advised that he had had conversation with the delegation on this subject and cautioned the delegation that he take care in his remarks since the issue could get into private issues. Mr. McCormick stated that he volunteers his time within the community and was a volunteer for the Department of Parks and Recreation. He commented that the Kitchener Minor Hockey Association was an organization that is subsidized by the City but has acted outside of its own by-laws. He referred to a Hockey Association Handbook of Rules and Regulations and advised that he had received harsh punishment from the Kitchener Minor Hockey Association. In this regard, he commented that every person has the right to a hearing and that those sitting in judgment at such hearing must be unbiased. In his case, he advised that he had not received any chance to address the complaints against him and has written in this regard to the appropriate hockey federations. He stated that the purpose of this presentation was to ask the City to form a third party to review the issue to determine if a fair decision had been rendered. No questions were raised by Members of Council. Ms. Paula Vrbanovic and Ms. Karen Voisin appeared as a delegation on behalf of the Kitchener- Waterloo Community Foundation (Our Millennium Steering Committee) to outline their concept of local millennium projects that would encourage people to come together in this regard. Ms. Vrbanovic suggested that people consider any project whatsoever and indicated that the National Millennium Committee has put together a catalogue of possible projects and referred to the process regarding their undertaking. Ms. Voisin mentioned several of the projects that have already been registered and emphasized that the Millennium Program was really about a possibility that calls on every community to leave a gift for the future. It was noted that the organization now had a website and also emphasized that the project was to extend throughout all of the year 2000 and was not intended just to mark January 1, 2000. Mr. L. Bensason, Heritage Planner, appeared as a delegation to make a presentation in support of Clause 1 of the Heritage Kitchener report of this date arising from its regular meeting held October 1, 1999. Heritage Kitchener is recommending designation of the property known municipally as 31 COUNCIL MINUTES NOVEMBER 1, 1999 - 423 - CITY OF KITCHENER Young Street (John Forsyth Company Limited) as being of historic and architectural significance under the Ontario Heritage Act. He described the history of the building and pointed out that the property meets the criteria in having merit for designation. Mr. Bensason stated that if Council was to publish Notice of Intention to Designate, the property was then considered to be protected and the Provincial regulations relative to any demolition application would come into effect. He advised that because the property owner is not supportive of the recommendation to designate the property, the Economic Development Division has been working on an alternative to designation for Council's consideration. In this regard, Council was in receipt of Business and Planning Services staff report BPS 99/173 that recommends an alternative to the heritage designation process. Mr. B. Stanley suggested that Council first hear from the representatives of the John Forsyth Company Inc. before considering the staff report. Mr. Harry Gaon, John Forsyth Company Inc. appeared as a delegation to object to the Heritage Kitchener recommendation to designate 31 Young Street under The Ontario Heritage Act. Mr. Gaon elaborated on the efforts that have been made over the years in trying to maintain the building in a saleable condition. Further, the delegation stated that every effort has been made by realtors to sell the building. He stated that they had spent over $1 M maintaining this vacant building and that there were no environmental issues obstructing the sale and that the selling price was negotiable. Mr. Gaon stated that the company could no longer bear the $10,000. per month financial cost to carry the building and that they were supportive of the recommendation of staff as an alternative to the designation process. Members of Council raised a number of questions which Mr. Gaon answered in regards to the structure, its condition, its value, selling price and demolition costs. Mr. Doug Young also appeared as a delegation on behalf of the John Forsyth Company Inc. to point out that one organization has suggested that the vast majority of the building could be recycled and that fact lowered the demolition costs significantly. Mr. G. Borovilos referred to the options described in staff report BPS 99/173 that had been proposed as an alternative to the Heritage Kitchener recommendation. He indicated that the thrust would be for Council to direct that Economic Development Division staff direct their marketing efforts over a 90-day period to assist in finding a buyer for the building. Mr. Gaon stated that he was willing to accept the staff proposal and would undertake that there would be no demolition of the building over that time frame and that any offer for the building would be considered. However, he asked that the company at least be permitted to submit a demolition application, in the meantime. Mr. B. Stanley commented that the John Forsyth Company may not be inclined to co-operate with the City if the Heritage Kitchener recommendation was accepted. However, they were prepared to with respect to the proposed staff alternative. He spoke to the issue of the understanding that has been reached with the applicants in respect to the 90 day period referred to in the staff recommendation and noted that this was not covered under either The Planning Act or The Ontario Heritage Act. Moved by Councillor J. Haalboom Seconded by Councillor T. Galloway "That the report of Heritage Kitchener (Local Architectural Conservation Advisory Committee) (Regular Meeting - October 1, 1999) be adopted." Councillor J. Haalboom spoke in support of her motion noting that the Heritage Kitchener recommendation had the greatest potential to carry out the adaptive re-use objective for the building that has many possibilities for redevelopment. Councillors K. Taylor-Harrison and T. Galloway were also supportive of the Committee recommendation. In response to Councillor Jake Smola, Mr. L. Bensason described the designation process and the time limits that apply within it. Councillor J. Ziegler stated that he did not consider the recommendation staff was proposing to be of any advantage to the City. Mayor C. Zehr commented that he would not support the designation given the obvious outcome that at the end of the given period of time, the building could be demolished. He suggested that there were better chances of achieving the adaptive re-use objective by cooperating with the owner and supporting his efforts to sell the building. The motion of Councillor J. Haalboom to adopt the Heritage Kitchener report respecting 31 Young Street was then put to a recorded vote. COUNCIL MINUTES NOVEMBER 1, 1999 - 424 - CITY OF KITCHENER In Favour: Councillors K. Taylor-Harrison, M. Yantzi, B. Vrbanovic, J. Haalboom, J. Ziegler, T. Galloway, G. Lorentz and C. Weylie. Contra: Mayor C. Zehr and Councillors Jake Smola and John Smola. Motion Carried. Ms. Barbara Veale appeared as a delegation on behalf of the Grand River Conservation Authority and advised that the GRCA, on October 29, 1999, had celebrated the 5-year anniversary of the Grand River being designated as a Canadian Heritage River. In this regard, she distributed a booklet prepared for the celebration entitled 'Millennium Projects Celebrating the Health and Heritage of the Grand River Watershed'. Further, she pointed out that recently there had been a formal twinning of the Grand River with the Fraser River in British Columbia and that partnership agreements had been signed in this regard. A commemorative poster was unveiled and the delegation noted that it had been discovered that Homer Watson had painted scenes of both the Grand River and Fraser River valleys. She then read the contents of the partnership agreement. Mr. Jim Farwell, on behalf of Pride Signs, appeared as a delegation in regards to the Committee of Adjustment recommendations listed under Item B6 of the Committee of the Whole agenda this date. Mayor C. Zehr asked that the all of the Committee of Adjustment recommendations be dealt with at this time. Moved by Councillor J. Ziegler Seconded by Councillor John Smola "That Council ratify and confirm the October 5, 1999 decision of the Committee of Adjustment recommending approval of: Submission No. F 12/99- David and Mary Louise Boulanger (109 Greengable Way)." - and - "That Council ratify and confirm the October 26, 1999 decision of the Committee of Adjustment recommending approval of: Submission No. S 9/99 - Bob Kneiss/Westheights Health Care (10 Westheights Drive) Submission No. F 13/99 - Christine Thomas (462 Stirling Avenue South) Submission No. F 14/99 - Gabe Daranyi (46 Chartwell Court)." Carried. Mr. Victor Labreche, Planning and Engineering Initiatives Limited, appeared as a delegation along with Mr. R. Tome, R. Tome and Associates Inc., to make a presentation in regards to the Alteration Application pursuant to The Ontario Heritage Act that was submitted to the City by Drewlo Holdings to alter the designated property municipally known as 209 Victoria Street South. Mr. Labreche referred to his correspondence dated October 28, 1999 and attached appendices that were distributed to Council regarding this matter. He described the application process that has taken place that required a site plan application, a Committee of Adjustment application for minor variance and an alteration application under The Ontario Heritage Act. It was noted that the site plan application has been approved in principle and that the Committee of Adjustment application has been approved leaving only the Alteration Application that is still being considered by Heritage Kitchener after being discussed on several informal and formal occasions. He described the application process, the original application and the revisions that have been made in that regard. Mr. Labreche commented that the development was a very attractive one and a good form of housing that is supported by several policies of the City's Municipal Plan. He asked that Council approve the plans as revised to date noting it was the applicant's opinion that several members of Heritage Kitchener were acting outside of their area of jurisdiction in attempts to seek further revisions to the development. Accordingly, he was now appearing before Council given it was his opinion the as-of-right zoning of the property was being infringed on by the activity of Heritage Kitchener. COUNCIL MINUTES NOVEMBER 1, 1999 - 425 - CITY OF KITCHENER Council then entered into a lengthy discussion of Mr. Labreche's request. Issues relating to zoning, height, density, building mass, building location, other site plan matters and red tape were raised and responded to by Messrs. V. Labreche, L. Bensason, B. Stanley and several Council members. Councillor J. Ziegler suggested that Heritage Kitchener be requested to make a decision on the Alteration Application at its November 5, 1999 meeting and forward their recommendation for consideration at the Special Council meeting being held November 8, 1999. Further discussion took place and a representative of Drewlo Holdings advised that there had been heated discussion with Heritage Kitchener on the matters of floor space ratio and height and a clear indication conveyed by several members that they were adamant to get involved in these matters. Councillor T. Galloway supported further dialogue and negotiation between the applicant and Heritage Kitchener and favoured the matter being considered by Heritage Kitchener on November 5, 1999 with a clear indication that Council requests a recommendation for consideration on November 8, 1999. Councillor J. Haalboom suggested that a number of unfair comments had been made with regard to the consideration process that Heritage Kitchener utilizes. She commented on the need for projects to come to the attention of Heritage Kitchener early in the planning process and referred to the objective of Heritage Kitchener, in this instance, to protect the rear of Henry Street homes as much as possible from the impact of a large apartment building. Councillor Haalboom expressed the opinion that the zoning of the site had not taken the heritage of the area into consideration as to the physical impact that the apartment building would have. She summarized the considerations that had taken place at Heritage Kitchener with regard to the building features. Moved by Councillor J. Ziegler Seconded by Councillor C. Weylie "That Heritage Kitchener be requested to consider and make a final recommendation at its November 5, 1999 meeting on the Alteration Application, pursuant to The Ontario Heritage Act, submitted by Drewlo Holdings Inc. with respect to lands municipally known as 209 Victoria Street South as it relates to the following outstanding matters: samples of building materials, screening of rooftop equipment, alternate kinds of metal cladding and use of more brick on the west elevation; and further, That the Committee recommendation be forwarded to the November 8, 1999 Special Council meeting for consideration." Carried. Mr. Brenton Toderian, MacNaughton, Hermsen, Britton, Clarkson Planning Limited, appeared as a delegation in support of Clause 5 of the Planning and Economic Development Committee report arising from its meeting held October 25, 1999. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That Clause 5 of the report of the Planning and Economic Development Committee of this date arising from its regular meeting held October 25, 1999, be adopted." Carried. Mr. Paul Britton, MacNaughton, Hermsen, Britton, Clarkson Planning Limited, appeared as a delegation regarding Clause 6 of the Planning and Economic Development Committee report arising from its meeting held October 25, 1999. Mr. Britton advised that he had submitted a letter dated October 27, 1999 requesting revision to the third part of the recommendation and deletion of the fourth part. However, he advised that he had since provided a further letter dated November 1, 1999, asking that the request in the earlier letter be withdrawn based on the City accepting applications for processing with the understanding they will be incorporated in the process as part of Kitchener's development of new Municipal Plan commercial policies. Accordingly, he indicated support for the revision staff have proposed this date to Clause 6 of the report. COUNCIL MINUTES NOVEMBER 1, 1999 - 426 - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That Clause 6 of the report of the Planning and Economic Development Committee arising from its regular meeting held October 25, 1999, be adopted in respect to paragraphs 1 and 2 and revised so as to replace paragraphs 3 and 4 with the following wording: 'That any outstanding applications for Municipal Plan Amendments involving major commercial developments be incorporated in and processed as part of the development of new commercial policies in the City's Municipal Plan; and, That no new applications for Municipal Plan Amendments involving major commercial development be accepted until the completion and approval of new commercial policies by City Council; however, the Department of Business and Planning Services be directed to accept and consider specific proposals for commercial development through the development of the new commercial policies'." Carried. Mr. R. Zivkovic was in attendance in respect to Clause 7 of the report of the Finance and Administration Committee of this date. Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That Clause 7 of the report of the Finance and Administration Committee of this date, be adopted ." Carried. Councillor J. Ziegler advised that Members of Council were in receipt of a report dated October 27, 1999 from the Manager of Licensing discussing issues relating to hot tubs in Adult Entertainment Parlours. Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic "That the by-law listed on the agenda for three readings this date to amend Chapter 505 of the City of Kitchener Municipal Code with respect to Adult Entertainment Parlour - Regulation, be revised to include a clause in the by-law that would prohibit hot tubs from being operated in Adult Entertainment Parlours." Carried. A delegation of area residents was in attendance in regard to Clause 14 of the report of the Finance and Administration Committee dealing with repairs to five properties, being: 98 and 102 Weber Street East and 221,225 and 229 Lancaster Street East, as well as the by-law listed on the agenda for three readings in respect to this matter. Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That Clause 14 of the report of the Finance and Administration Committee of this date, be adopted ." Carried. On motion by Councillor K. Taylor-Harrison, seconded by Councillor J. Ziegler, Council agreed to give three readings to the by-law listed on the agenda this date as 11 (m) and 14(m), dealing with the properties known as 98 and 102 Weber Street East and 221,225 and 229 Lancaster Street East. Mr. L. Bensason was in attendance in regard to the Heritage Kitchener report arising from its Special Meeting held October 15, 1999. COUNCIL MINUTES NOVEMBER 1, 1999 - 427 - CITY OF KITCHENER Moved by Councillor J. Haalboom Seconded by Councillor T. Galloway "That the report of Heritage Kitchener (Local Architectural Conservation Advisory Committee) (Special Meeting - October 15, 1999) be adopted." Councillor G. Lorentz questioned what impact the details of the recommendation have on what J.M. Drama wish to do with the building. Mr. L. Bensason advised that options are left open but stated that Don Bourgeois' biggest concern was with item (c) which required there by no removal of any of the grey and green marble walls or the terrazzo floors in the lobby. Councillor Lorentz expressed concern over moving the disabled access to the side of the building. Councillor B. Vrbanovic advised that Mr. Bourgeois' concern related to barrier-free access and the issue of balancing heritage concerns with the need for a functional facility. He asked that item (c) be dealt with separately. Councillor T. Galloway referred to item (a) of the recommendation and suggested that the item be deferred so that Heritage Kitchener could meet with the Barrier Free Access Committee to discuss the access issue. It was Councillor J. Haalboom's view that more intensive study needs to be done on the whole project. Councillor B. Vrbanovic emphasized that a design concept was needed to move forward to enable submission of an application for Millennium Grant Funding and that item (c), as recommended, hampers the viability to do so. On motion by T. Galloway, seconded by Councillor G. Lorentz, it was agreed that item (a) of Clause 1 of the report be deferred and referred back to Heritage Kitchener which is requested to discuss the matter with the Barrier Free Access Committee prior to submitting a recommendation. On motion by Councillor B. Vrbanovic, seconded by Councillor G. Lorentz, it was agreed that item (c) of Clause 1 be amended, to provide that removal of portions of the grey and green marble walls and the terrazzo floors in the lobby, as identified in the concept plans, be permitted subject to a re-examination of the necessity to do so. The report of Heritage Kitchener as revised to include deferral and referral of item (a) and amendment of item (c), was put to a vote and Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee (Special Meeting - October 18, 1999) be adopted." Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee (Regular Meeting - October 25, 1999) be adopted." Councillor T. Galloway questioned the status of Clause 1 and staff advised that the 22 additional conditions added by the purchaser had been reviewed and further consideration and discussion of the Offer was necessary. On motion by Councillor T. Galloway, seconded by Councillor J. Ziegler, it was agreed that Clause 1 be deferred and referred to the November 8, 1999 Planning and Economic Development Committee meeting for consideration. The report was then voted on clause by clause. Clause 1 - Carried, as amended. Clause 2 - Carried. Clause 5 - Dealt with under Delegations and Carried. Clause 6 - Dealt with under Delegations and Carried, as amended. Balance of report - Carried. COUNCIL MINUTES NOVEMBER 1, 1999 - 428 - CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee of this date be adopted." A friendly amendment was accepted by the Mover and Seconder to amend Clause 3 to change the date of the Athletic Awards Banquet from Friday, March 3, 2000 to Friday, February 18, 2000. The report, as amended, was then put to a vote and Carried. Moved by Councillor Jake Smola Seconded by Councillor T. Galloway "That the report of the Environmental Committee of this date be adopted." Carried. 7I Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That the report of the Finance and Administration of this date be adopted." Councillor G. Lorentz disclosed a pecuniary interest and abstained from all discussion and voting regarding Clause 2 of the report as he is employed by Canada Post. Mayor C. Zehr referred to Clause 16 of the report and advised that he had disagreed with the October 25, 1999 ruling by the Chair of the Finance and Administration Committee not to require Notice of Motion and Motion for Reconsideration of Council's September 20, 1999 resolution, before considering the motion to study how service boards would operate (Clause 16). Mayor Zehr advised that the City of Cambridge had actually deferred the service boards study issue and had not invited Kitchener and Waterloo to participate in a joint study. Accordingly, Mayor Zehr ruled that Clause 16 was out of order. In response to Councillor B. Vrbanovic, Mr. J. Gazzola advised that he had received erroneous information that the City of Cambridge had adopted the motion respecting study of service boards operation when, in fact, it had not done so. Councillor Jake Smola suggested that Kitchener could request other area municipalities join in such a study. Mayor Zehr again advised that he was ruling Clause 16 out of order. Mr. R.W. Pritchard, General Manager of Corporate Services and City Clerk, was asked to comment on his interpretation of the services boards matter. He advised that he concurred with the opinion given to the Mayor by G. Sosnoski, Deputy City Clerk, that Notice of Motion and Motion for Reconsideration was necessary based on Council's June 21 and September 20, 1999 resolutions before dealing with the services boards study issue. He pointed out that under Council's Rules of Procedure, once the presiding officer has made a decision to which a Member of Council objects, that Member may challenge the ruling of the Chair. Mr. Pritchard also commented that notwithstanding what took place in Committee, procedure is dealt with at the Council meeting. Councillor Jake Smola, in reference to previous rulings of Mayor Zehr, suggested that the Mayor should be consistent in his rulings on points of order; however, the Mayor responded that the circumstances to which Councillor Jake Smola referred were quite different than the current matter. Moved by Councillor B. Vrbanovic Seconded by Councillor T. Galloway "That consideration of Clause 16 of the Finance and Administration Committee report be deferred until the recommendations of the restructuring facilitators reviewing four Regions in the Province are available." Mayor C. Zehr questioned if the ruling of the Chair to allow the deferral negated any reconsideration and Mr. R.W. Pritchard advised that any motion could be reconsidered. COUNCIL MINUTES NOVEMBER 1, 1999 - 429 - CITY OF KITCHENER Mayor Zehr advised that he considered Clause 16 to be out of order but would accept Councillor Vrbanovic's deferral motion if that was the will of Council. A recorded vote was requested on the motion to defer Clause 16 of the report. In Favour: Councillors K. Taylor-Harrison, Jake Smola, B. Vrbanovic, J. Haalboom, J. Ziegler, T. Galloway, G. Lorentz and C. Weylie. Contra: Mayor C. Zehr and Councillors M. Yantzi and John Smola. Motion Carried. Following the vote on Clause 16, Councillor Jake Smola commented that at a future meeting Council would have to consider a Motion to Reconsider its previous resolution that a strong two-tier system of municipal government be maintained in Waterloo Region. The Finance and Administration Committee report was then put to a vote. Voted on clause by clause. Clause 1 - Carried. Clause 2 - Carried. Clauses 7 & 14 - Dealt with under Delegations and Carried. Clause 16- Action deferred until the recommendations of restructuring facilitators reviewing four Regions in the Province are available. Balance of report - Carried. Recorded pecuniary interest and abstention: Clause 2 - Councillor G. Lorentz as he is employed by Canada Post. 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." Carried. Councillor M. Yantzi referred to a memorandum dated October 20, 1999 from Mr. L. Bensason, advising that the St. Mary's Area Heritage Conservation District Steering Committee has expressed concern regarding the replacement of wooden hydro poles with concrete poles located within the District Study Area. Moved by Councillor M. Yantzi Seconded by Councillor J. Haalboom "That Kitchener-Wilmot Hydro be requested to refrain from replacing wooden hydro poles with concrete poles within the St. Mary's Heritage Conservation District Study Area pending completion of the District Study." COUNCIL MINUTES NOVEMBER 1, 1999 - 430 - CITY OF KITCHENER Councillor J. Ziegler commented that he saw nothing significant from a heritage point of view about wooden utility poles. Mayor C. Zehr suggested that rather than considering a formal resolution, a request be made for Kitchener-Wilmot Hydro to comment on the matter. Moved by Councillor J. Ziegler Seconded by Councillor John Smola "That consideration of Councillor Mark Yantzi's motion asking Kitchener-Wilmot Hydro to refrain from replacing wooden hydro poles with concrete hydro poles in the St. Mary's Heritage Conservation District Study Area be deferred to allow Kitchener-Wilmot Hydro to comment on the pole replacement program." Carried. Moved by Councillor J. Ziegler Seconded by Councillor C. Weylie "That the City of Kitchener endorses the following revenue sharing recommendation of the Inter-Municipal Steering Committee relative to the Provincial Offences Act Transfer for inclusion in the Inter-Municipal Services Agreement: That the net revenues received as a result of the Provincial Offences Act transfer from the Province, excluding revenues dedicated to the Province and municipalities (by-laws) and following full reimbursement to the Region of all costs to operate the POA program, be shared among the municipalities with 80% to the Regional Municipality of Waterloo and 20% to the seven area municipalities to be further shared based on Current Value Assessment (CVA)." Councillor T. Galloway explained the financial necessity and benefits to obtain agreement on revenue sharing under the Provincial Offences Act program. He noted that the Region of Waterloo has budgeted for all of the revenue under the program and would have to adjust its budget to accommodate a revenue-sharing formula with area municipalities. A recorded vote on the Provincial Offences Act revenue sharing motion of Councillor J. Ziegler was requested by Councillor Jake Smola. In Favour: Mayor C. Zehr, Councillors K. Taylor-Harrison, M. Yantzi, John Smola, Jake Smola, B. Vrbanovic, J. Ziegler, T. Galloway, G. Lorentz and C. Weylie. Contra: Councillor J. Haalboom Motion Carried. Councillor J. Ziegler referred back to the presentation given under delegations by Mr. Ray McCormick this date and asked that staff look into the issue of procedures/guidelines being in place that might assist in preventing future problems. He asked that the Department of Parks and Recreation prepare a report in this regard. Councillor B. Vrbanovic advised that during Oktoberfest it was noted that signage of the former Visitor and Convention Bureau was still in place. Mayor C. Zehr advised that staff were currently dealing with the matter. Mayor C. Zehr requested that Council meet in-camera following this meeting to deal with a labour relations matter. Moved by Councillor B. Vrbanovic Seconded by Councillor T. Galloway "That an in-camera meeting of City Council be held immediately following this regular meeting to consider a labour-relations matter." Carried. COUNCIL MINUTES NOVEMBER 1, 1999 - 431 - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler "That this Council express its deep sense of loss over the recent passing of Brian Strickland who served the citizens of Kitchener both as Alderman (Ward 10 - West) from 1979 to 1984 and as Regional Councillor from 1979 - 1983. His contribution to the community will be long remembered and his passed mourned by all who knew him; and further, That this Council extend its sincere sympathy to his bereaved wife and family." Carried Unanimously. At the e request of Mayor C. Zehr, those in attendance stood to observe a moment of silence out of respect for former Alderman Brian Strickland. Moved by Councillor M. Yantzi 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) To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (d) 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. (e) Being a by-law to amend Chapter 539 of The City of Kitchener Municipal Code with respect to Electrical Contractors Master Electricians. (f) Being a by-law to amend Chapter 504 of The City of Kitchener Municipal Code with respect to Adult Entertainment Parlour Location - Limitation). (g) Being a by-law to amend Chapter 505 of The City of Kitchener Municipal Code with respect to Adult Entertainment Parlour - Regulation). (h) Being a by-law to exempt certain lots from Part Lot Control - Block 10, Registered Plan 58M-55 - Windflower Drive). (i) Being a by-law to exempt certain lots from Part Lot Control - Block 1, Registered Plan 58M-55 - Wake Robin Crescent and Wake Robin Drive). (j) Being a by-law to provide for the establishing and laying out of part of Bramblewood Street as a public highway in the City of Kitchener. (k) Being a by-law to authorize the conveyance of part of Closed Lane (Sydney Street South) and to fix the consideration thereof. Being a by-law to provide for the establishing and laying out of part of Old Chicopee Drive as a public highway in the City of Kitchener. (m) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of the City of Kitchener Municipal Code with respect to the properties municipally known as 221, 225 and 229 Lancaster Street East and 98 and 102 Weber Street East, Kitchener. (n) To confirm all actions and proceedings of the Council NOVEMBER 1, 1999 COUNCIL MINUTES - 432 - CITY OF KITCHENER (O) Being a by-law to authorize the conveyance of part of Closed Lane and to fix the consideration thereof. 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 K. Taylor-Harrison as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. 10. 11. Moved by Councillor K. Taylor-Harrison Seconded by Councillor G. Lorentz "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 M. Yantzi Seconded by Councillor C. Weylie "That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 99-181 ) (b) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law No. 99-182) (c) To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (By-law No. 99-183) (d) 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. 99-184) (e) Being a by-law to amend Chapter 539 of The City of Kitchener Municipal Code with respect to Electrical Contractors Master Electricians. (By-law No. 99-185) (f) Being a by-law to amend Chapter 504 of The City of Kitchener Municipal Code with respect to Adult Entertainment Padour Location - Limitation). (By-law No. 99-186) (g) Being a by-law to amend Chapter 505 of The City of Kitchener Municipal Code with respect to Adult Entertainment Padour - Regulation). (By-law No. 99-187) NOVEMBER 1, 1999 (h) (i) (j) (k) (m) (n) (o) COUNCIL MINUTES - 433 - CITY OF KITCHENER Being a by-law to exempt certain lots from Part Lot Control - Block 10, Registered Plan 58M-55 - Windflower Drive). (By-law No. 99-188) Being a by-law to exempt certain lots from Part Lot Control - Block 1, Registered Plan 58M-55 - Wake Robin Crescent and Wake Robin Drive). (By-law No. 99-189) Being a by-law to provide for the establishing and laying out of part of Bramblewood Street as a public highway in the City of Kitchener. (By-law No. 99-190) Being a by-law to authorize the conveyance of part of Closed Lane (Sydney Street South) and to fix the consideration thereof. (By-law No. 99-191 ) Being a by-law to provide for the establishing and laying out of part of Old Chicopee Drive as a public highway in the City of Kitchener. (By-law No. 99-192) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of the City of Kitchener Municipal Code with respect to the properties municipally known as 221, 225 and 229 Lancaster Street East and 98 and 102 Weber Street East, Kitchener. To confirm all actions and proceedings of the Council Being a by-law to authorize the conveyance of part of Closed consideration thereof. (By-law No. 99-193) (By-law No. 99-194) Lane and to fix the (By-law No. 99-195) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned. Carried. MAYOR CLERK COUNCIL MINUTES NOVEMBER 1, 1999 - 434 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (Special Meeting October 18, 1999) - 1. 1) That City Council recommend to the Ontario Municipal Board that Municipal Plan Amendment Application MP 96/6/S/CL (former Best Pipe site - 245 Strasburg Road) be approved, being an amendment to: a) add Special Policy 31 to Part 3, Section 12 as follows: 31. Notwithstanding the Service Commercial designation, on lands municipally known as 245 Strasburg Road, legally described as Part Lot 9, Municipal Compiled Plan 1021 and Part Lots 4 and 5, Municipal Compiled Plan 1022, a large foodstore shall also be permitted to a maximum gross floor area of 7500 square metres. b) Amend Map 8 to include Special Policy 31 as shown on Schedule A attached. It is the opinion of this Committee that approval of this application is proper planning for the City. - and - 2) That City Council recommend to the Ontario Municipal Board that Zone Change Application 96/21/S/CL (former Best Pipe property, 245 Strasburg Road -Loblaws Properties Ltd.) requesting a change in zoning to add special use provision 257 to lands currently zoned Service Commercial (C-6) with special regulation 295R according to By- law 85-1 and municipally addressed as 245 Strasburg Road and legally described as Part Lot 9, Municipal Compiled Plan 1021 and Part Lots 4 and 5, Municipal Compiled Plan 1022, more particularly described as Parts 1 and 2, Plan 58R-11063, be approved, in the form shown in the attached "Proposed By-law" dated October 12, 1999. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with a recommended Amendment (former Best Pipe site - 245 Strasburg Road) to the City's Municipal Plan. That Council receive Business and Planning Services staff report BPS 99/126 (1998-99 Downtown Monitoring Report) as evidence that the economic conditions of Downtown Kitchener have been growing at a healthy pace since 1995; and, That Council direct staff to distribute this Association, Downtown businesses and the information; and further, report to the Kitchener Downtown Business real estate/development community for their That Council direct staff to undertake a renewed effort, in co-operation with the Kitchener Downtown Business Association, in working toward a substantial reduction in retail vacancies in the year 2000. That Kitchener City Council support an extension to the deadline for fulfilling the conditions of approval for Zone Change Application 97/39/K/ZJ - City Initiated (828 King Street West - Waterloo Region District School Board) to October 21, 2000. That Council support an extended consultation process with the business community, neighbourhood associations and the City's Environmental Committee to review the issues related to drive-through facilities and that the date for which a report on the matter is to be presented to Planning and Economic Development be extended to early in 2000. 5. That a draft sign by-law for the Downtown be tabled by April, 2000; and further, That recommendations on the following matters related to signs be presented to the Planning and Economic Development Committee as follows: COUNCIL MINUTES NOVEMBER 1, 1999 - 435 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (Special Meeting October 18, 1999) - (CON'TD) 5. Cont'd a) by April 2000 home business signs election signs b) by October 2000 i) ii) iii) iv) mobile signs: shared use; proliferation; alternatives safety of roof signs options for enforcement subdivision entrance and directional signs PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (Regular Meeting October 25, 1999) - That consideration of Business and Planning Services staff report BPS 99/161 (Offer to Purchase Site 134, Trillium Drive in Huron Business Park submitted by Frederick and Bonnie Gore) be deferred and referred to the November 8, 1999 Planning & Economic Development meeting. (As Amended) That consideration of Business and Planning Services staff report BPS 99/162 (Offer to Purchase Site 74, Strasburg Road in Huron Business Park submitted by Torbram Electric Supply Corporation) be deferred and referred to the November 8, 1999 Planning and Economic Development Committee meeting. That the City accept the conditional Offer to Purchase from Henry Becker and Michael Becker, In Trust for a Company to be Incorporated, for Parts 17, 18 and 28 on Reference Plan 58R- 7426 being approximately 4.06 acres (1.64 ha) at a purchase price calculated at $75,000.00 per acre, except for that portion of the lot which is sloped which will be calculated at $5,000.00 per acre; and, That the City agrees to take back a first mortgage for the balance of the purchase price for a term of one year; and further, That the Mayor and Clerk are hereby authorized to execute any necessary documentation as required by the City Solicitor. That the City repurchase Lot 5 in Phase I of the Lancaster Corporate Centre, also known as Parts 5, 23,24 and 25 on Plan 58R-7231 and Part 1 on Plan 58R-11808 in Phase II of the Lancaster Corporate Centre, from Grerei Investment Limited for the sum of $420,271. That modifications to Subdivision Application 30T-89017 (Old Chicopee Drive - Northfair Properties Limited) be recommended to the Regional Municipality of Waterloo, 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 modified Plan of Subdivision and that the following special conditions be contained therein: 50. That the final plan for registration purposes shall be prepared in accordance with the attached Plan of Subdivision prepared by the City of Kitchener, dated July 26, 1999, provided that minor changes to said plan, acceptable to the General Manager of Business and Planning Services and not affecting the numbering of lots or blocks may be permitted without an amendment to this agreement. COUNCIL MINUTES NOVEMBER 1, 1999 - 436 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (Regular Meeting October 25, 1999) - (CONT'D) 5. (Cont'd) 51. To submit a Lot Grading Control Plan to the satisfaction 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, to be approved prior to any grading or construction on site and prior to the City's release of each stage of the subdivision plan for registration. 52. To carry out an Archaeological Survey and Rescue Excavation of any significant archaeological remains found on the site prior to any grading, at the expense of the owner. 53. That the owner submit a final stormwater management report 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 in accordance with the approved Idlewood Creek Master Drainage Study and the approved Stormwater Management Reports (Paragon-Jan/95 and Stantec Consulting Ltd.-May/99), prior to any grading or construction on site and prior to the release each stage of the plan for registration. Said engineering design shall include provision for any required erosion and siltation control features to be installed both during and after construction stages. The Subdivider further agrees to implement all required measures as outlined in the approved final design. 54. The Subdivider agrees 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 releasing each stage 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, and inspected by the City and the Subdivider has received a written authorization from the City's General Manager 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 its 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 prior to applying for or having issued any building permits for those lots or blocks which are subject to site plan approval under Section 41 of The Planning Act, corner lots where site service locations and building type have not been predetermined, interior lots having street frontage greater than 13.7 metres, proposed buildings that are located deeper on the lot than approved on the detailed vegetation plan and/or on which 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 trimming, dressing or bark doctoring shall be implemented at the COUNCIL MINUTES NOVEMBER 1, 1999 - 437 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (Regular Meeting October 25, 1999) - (CONT'D) 5.54(e)(Cont'd) Subdivider's cost and as directed by the Subdivider's Environmental Consultant who prepared the approved plan. In cases where major irreparable tree damage is done, liability is questionable, or the tree is judged to be unsafe, in the opinion of the Subdivider's 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 "Guide for Plan Appraisal" of the International Society of Arboriculture, 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 City's Director of Planning and shall be satisfactorily implemented prior to occupancy of the units or, due to weather conditions, by the next planting season. 55. The 5% parkland dedication for the entire plan of subdivision, being 0.514 hectares, shall be satisfied by both the conveyance of Block 59 (Stage 1 ) for park purposes, at no cost and free of encumbrance, concurrently with the registration of Stage 1 of the plan along with a cash contribution equivalent to the value of 0.104 hectares of land. Since Block 59 also contains hazard lands, wetlands and stormwater management, it is acknowledged, however, that only that part of the Block 59 outside of the wetland/hazard land/stormwater management boundary is eligible to satisfy the 5% contribution requirement. 56. To construct 1.5 metre wide sidewalks to the satisfaction of the General Manager of Public Works, in the following locations: a) b) C) d) along both sides of Briarmeadow Drive and Sandwell Court along the westerly side of Idle Creek Drive along the north side of Tisdale Court to Block 60 along the east side of Lynn Court connecting to walkway Block 57 57. That construction traffic to and from the proposed subdivision be restricted to accessing the subdivision from Briarmeadow Drive and Idle Creek Drive from Fairway Road only. The Subdivider agrees to advise all relevant contractors, builders and other persons of the requirement and to be responsible for any signage, if required, all to the satisfaction of the City's Director of Transportation. 58. That in addition to the standard servicing requirements and responsibilities outline in this Agreement, the Subdivider agrees to pay to the City, its fair share of the actual cost of the Ottawa Trunk Sanitary Sewer, as determined by and to the satisfaction of the City's General Manager of Public Works, prior to the registration of each stage of the subdivision. 59. The Subdivider agrees that no sewer or water service be installed within 1.5 metres of the centre of a proposed submersible transformer vault or within 0.9 metres of a proposed electrical service stub and that no fire hydrant be installed within 3.0 metre of a proposed street light pole or hydro pole. The Subdivider shall review the Commission's drawings to coordinate the locations of these utilities and shall be responsible for insuring that these separations are maintained. 60. That a plan showing driveway locations for all lots be approved by the City's General Manager of Business and Planning Services in consultation with the City's General Manager of Public Works prior to the issuance of any building permits within each stage the Plan. NOVEMBER 1, 1999 COUNCIL MINUTES - 438 - REPORTS ADOPTED BY COUNCIL CITY OF KITCHENER PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (Regular Meeting October 25, 1999) - (CONT'D) 5. (Cont'd) 61. That the plan of subdivision shall be registered in two stages. Stage 2 may register together with or following the registration of Stage 1. 62. a) To submit a landscape plan showing the regenerative planting proposed along Old Chicopee Trail to enhance the scenic value of the road, for the approval by the City's Director of Planning in conjunction with the City's General Manager of Public Works and the Director of Transportation prior to the registration of Stage 1 of the Plan. The Subdivider agrees to provide a Letter of credit for 100% of the total cost of the regenerative planting in a form satisfactory to the City Solicitor, and to the satisfaction of the City's Director of Planning prior to the release of Stage 1 of the plan, to be held as security for the completion of the works required in this Section. The Subdivider agrees to implement the landscape plan within Lots 41-44 (Stage 1) inclusive and Lots 13-16 (Stage 1) inclusive prior to the transfer of title of such lots to the first time occupants, or in the event of winter conditions, by June 1 immediately following such transfer of title. The Subdivider agrees to attach the approved planting plan to all Offers to Purchase / Agreements of Purchase and Sale. b) That the approved landscaping required in this section shall be maintained in a state acceptable to the City's Director of Planning. 63. To construct 6.0 metre wide, dual purpose walkway/emergency vehicular accesses over Block 60 (Stage 1 ), Block 56 (Stage 2) to Old Chicopee Drive within the closed portion of Old Chicopee Drive, and Block 57 (Stage 2), to the satisfaction of the General Manager of Public Works, General Manager of Parks and Recreation and the City's Fire Department. 64. Unless otherwise completed in accordance with the requirements of the agreement pursuant to Consent B12/99, the Subdivider shall upgrade Old Chicopee Drive to full municipal services within a 16.0 metre right-of-way from the southerly limit of Lot 30, RP 1823 to the southerly limit of Lot 41 (Stage 1), save and except for a sidewalk on the westerly side of Old Chicopee Drive. All works are to be designed to maximize the retention of the scenic value of the road, to the satisfaction of the City's General Manager of Public Works. 65. To obtain from the Grand River Conservation Authority, a Fill, Construction and Alteration to Waterways Permit for any filling, grading or proposed structure, including roads, stormwater management facilities and/or outlets located within the scheduled Fill Line or Regulatory Floodline for the Grand River and/or the Regulatory Floodline/Fill Line associated with Idlewood Creek prior to any on site grading, the installation of services and prior to the registration of Stage 1 of the plan. 66. To upgrade and finish, where necessary, in a form satisfactory to the City's Department of Parks and Recreation and the Grand River Conservation Authority, those areas of Block 59 (Stage 1) disturbed during the construction of abutting lots. All works required of the Subdivider by this section shall be completed in conjunction with the timing of the grading of surrounding residential development not to exceed two years from the registration of the subdivision plan or at an alternate time to the satisfaction of the General Manager of Public Works. 67. The Subdivider agrees to install a 1.2 metre high paige wire fence or alternate marking system along the boundary of Block 59 (Stage 1 ) where it abuts COUNCIL MINUTES NOVEMBER 1, 1999 - 439 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (Regular Meeting October 25, 1999) - (CONT'D) 5. 67. (Cont'd) residential lots or blocks prior to the occupancy of any residential lots or blocks, or at such time as required by the General Manager of Parks and Recreation. Further, the Subdivider agrees to include a statement advising of the marking system requirement in all Offers to Purchase and Agreements of Purchase and Sale for said lots and blocks. 68. To convey to the city, at no cost and free of encumbrance, Blocks 63 and 64 (Stage 1) as 0.3 metre reserves concurrently with the registration of Stage 1 of this plan. 69. That the City Solicitor shall arrange for the passing of a By-law opening the 0.3 metre reserves shown as Blocks 41 and 42 of RP 1799 subsequent to the registration of Stage 1 of this Plan and the completion of related public roads to the satisfaction of the General Manager of Public Works. 70. If not already deeded to the City, that Blocks 61 and 62 (Stage 1) be dedicated through the registration of Stage 1 of the plan as road widenings of varying widths required to achieve a 16 metre right-of-way. 71. That no building permits shall be issued for Blocks 45-56 (Stage 1) and Blocks 53-55 (Stage 2) inclusive until each block is consolidated with each abutting respective block created under RP 1799 and RP 1823. 72. That the driveway for Lot 41 (Stage 1 ) be situated on the side of the lot closest to Lot 42 (Stage 1) 73. The Subdivider be responsible for installing a 1.52 metre high solid wood or paige wire fence along the rear of Lots 20-22 (Stage 2) and Blocks 35-37 (Stage 2) as they abut the closed portion of Old Chicopee Drive, within one year of occupancy of the respective lots. It is the opinion of this Committee that approval of these Modifications to the application is proper planning for the City. (Dealt with under Delegations and Carried.) That City Council support a new approach to commercial land use planning in the City as outlined in the report entitled "Commercial Policy Review Study for City of Kitchener", prepared by The Planning Partnership and Royal LePage; and, That City Council direct the Department of Business and Planning Services to prepare new commercial policies for inclusion in the City's Municipal Plan in consultation with representatives from the downtown and suburban commercial and office sectors and to table draft commercial policies with the City's Planning and Economic Development Committee prior to embarking on a full public consultation process; and, That any outstanding applications for Municipal Plan Amendments involving major commercial development be incorporated in and processed as part of the development of new commercial policies in the City's Municipal Plan; and That no new applications for Municipal Plan Amendments involving major commercial development be accepted until the completion and approval of new commercial policies by City Council; however, the Department of Business and Planning Services be directed to accept and consider specific proposals for commercial development through the development of the new commercial policies. (Dealt with under Delegations and Carried, as amended.) COUNCIL MINUTES NOVEMBER 1, 1999 - 440 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (Regular Meeting October 25, 1999) - (CONT'D) That consideration of Business and Planning Services staff report BPS 99/158 (Downtown Lighting Design Study - Evaluation and Recommendations) be deferred and referred to the November 8, 1999 Planning and Economic Development Committee meeting. That the Council of the City of Kitchener forward the discussion in Business and Planning Services staff report BPS 99/159 "Kitchener Municipal Plan Policies and Philosophy Respecting Transportation Projects" to the Regional Municipality of Waterloo for information in their consideration of the Westmount Road/Glasgow Intersection Improvements; and further, That the Region be advised that based on Municipal Plan Policies relating to maintaining the quality of residential areas by protecting heritage resources and streetscapes, the City of Kitchener strongly endorses 'Alternative D' described in the October 20, 1999 correspondence of Steve Van De Keere, Regional Engineering, as it relates to the Westmount Road Improvement Project from south of Glasgow Street in Kitchener to John Street in Waterloo. COMMUNITY SERVICES COMMITTEE - That the request of Kitchener Minor Soccer for a net contribution of $3M towards the construction of additional indoor and outdoor soccer fields at Budd Park, along with cash flow support and expertise and guidance through membership in the Project Steering Committee, as considered by the Community Services Committee on October 25, 1999 be deferred and referred to the year 2000 Capital Budget process; with staff to report as to how this project can be accommodated in the capital budget. That Council endorse, in principle, the conversion of the Registry Building, 122 Frederick Street, to a community arts centre, as shown on the concept plans prepared by The Walter Fedy Partnership, dated SEP. 20/90, #18-99-19, subject to consideration of the recommendation from the Heritage Kitchener meeting of October 15, 1999; and, That Council endorse, in principle, capital financing option #1 contained in the written submission of J.M. Drama, as considered by the Community Services Committee on October 25, 1999; with staff to review the building improvements agreed to when the Curling Hall of Fame proposed to occupy the Registry Building to determine if any are applicable to this project and report to the Capital Budget process; and further, That J.M. Drama's request for a loan for capital costs be deferred and referred to the year 2000 Capital Budget process; with the provision that any grant funds received by J.M. Drama for conversion of the Registry Building to a community arts centre be deducted from the amount of any loan which may be approved by the City. That the City of Kitchener host the 32nd Annual Athletics Awards Banquet on or about Friday February 18, 2000, utilizing the same format as the 1999 Banquet; and further, That the budget for the year 2000 Banquet be increased to $9,000.00 to reflect the increasing costs of awards and the number of athletes who are recognized. (As Amended) That the Optimist Club of Southwest Kitchener be granted an exemption to section 270.3.1 (h) of the City of Kitchener Municipal Code to allow the club to sell Christmas trees at Southwest Optimist Park for the period December 1 - 23, 1999 inclusive. That the Volunteer Action Centre of K-W & Area be permitted, at no charge, a half-day use of the Breithaupt Centre gym for their Family Fun Volunteer Recognition Event to help celebrate National Volunteer Week in the year 2000, without impacting their application to the City for an annual operating grant for the year 2000; and further, COUNCIL MINUTES NOVEMBER 1, 1999 - 441 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 5. (Cont'd) That the Volunteer Action Centre include rental of the Breithaupt Centre gym in any of its operating grant submissions to the City beyond the year 2000. ENVIRON MENTAL COM M ITTEE - That staff of the Department of Business & Planning Services be directed to provide further documentation, including statistical data, relative to the issues of idling and drive-thru facilities, for consideration at the November 4, 1999 meeting of the Environmental Committee; and further, That staff of the Department of Business & Planning Services be directed to present the final report with respect to drive-thru facilities to the Environmental Committee prior to its consideration by City Council. That Ms. B. Luckhardt and Mr. B. Krafchek be appointed as the representatives of the Environmental Committee to the City of Kitchener's Visioning & Community Development Plan Roundtable. FINANCE AND ADMINISTRATION COMMITTEE - That Council approve a 50% reduction of the $642.00 invoice issued to Adam & Eve, do Joseph Tudisco, 4441 King Street East, on December 15, 1998 for poster removal. That consideration of the report of Ms. J. Koppeser, Manager of Licensing, dated October 15, 1999, along with the attached draft by-law dated October 8, 1999, to license and regulate flyer and sample distributors be deferred and referred to the Finance and Administration Committee meeting of November 8th, 1999; and, That the draft by-law be revised as follows: a) The permitted hours of delivery be 6:00 a.m. to 10:00 p.m.; b) The by-law include a clause stating that it does not apply to delivery of publications to subscribers; c) That staff clarify, in the by-law, who must be licenced; and further, That staff consult with The Record and The Pennysaver on the revised draft by-law and include their response in a report along with an implementation plan for the proposed by-law for consideration at the November 8, 1999 meeting. That Council not support the specific request by Options for Homes to defer all or part of the development charges payable as a form of financial support for the provision of affordable housing; and, That Council not support the deferral of development charges as a standard incentive for proposals for affordable housing; and, That a staff team consisting of representatives from the Business and Planning Services, Legal and Finance Departments review alternate forms of financing and qualifications criteria for affordable housing projects, with Regional staff being invited to participate on this team; and further, That Council support adding the lands abounded by Strange, Park and Dominion Streets to the list of adaptive reuse sites, thereby providing some incentives for the development of this site by Options for Homes, as affordable housing. COUNCIL MINUTES NOVEMBER 1, 1999 - 442 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) That Council grant, without prejudice or precedent, the request of Mr. N. Bindernagel, to have City staff repair the driveway ramp at 116 Mill Street, Kitchener. That Council Policy # 1-585(Additional Terms & Conditions for the Sale of Break-Open Tickets) be amended to add the following: '11. That the maximum number of Third-Party Locations selling Provincially licensed Break- Open Tickets in Kitchener be limited to not more than 25% of the total number of Third- Party Locations selling Break-Open Tickets in Kitchener.' That Chapter 504 and Chapter 505 of the City of Kitchener Municipal Code be amended as set out in the draft by-laws appended to the report of J. Koppeser, Manager of Licensing, dated October 19, 1999. That no action be taken on the request of Mr. J. Stephen Schmidt, on behalf of his client Mr. R. Zivkovic, to include a hot tub in the licenced Adult Entertainment Parlour at 808 Courtland Avenue East as outlined in his letter of October 20, 1999. (Dealt with under Delegations and Carried.) That Council accept the year 2000 Council and Committee meeting schedule as attached to the correspondence from G. Sosnoski, Deputy City Clerk, dated 1999-10-20. That Council adopt the Investment Policy, dated October 1, 1999 attached to the September 27, 1999 report from the Finance Department; and further, That staff investigate and provide a preliminary recommendation as to what criteria could be used to include credit unions in Schedule "A" of the Investment Policy. 10. That Council approve an increased Facade Improvement Loan, in the amount of $90,000 to the owners of 144-150 King Street West (Casablanca Books), Kitchener, subject to the usual terms and conditions. 11. That Council approve an application from the Cora Group Inc. for a grant-in-lieu of building permit fee, in the amount of $11,500 under the Downtown Financial Incentive Program for renovations to 50 Queen Street North (Commerce House), Kitchener. 12. That Council approve an application from the Cora Group Inc. for a grant-in-lieu of building permit fee, in the amount of $1,640 under the Downtown Financial Incentive Program for renovations to the Market Square Garage, 49 Frederick Street, Kitchener. 13. That Council approve an application from the Cora Group Inc. for a grant-in-lieu of building permit fee, in the amount of $8,984.50 under the Downtown Financial Incentive Program for renovations to the upper floor of Market Square (former Eaton's location), 25 Frederick Street, Kitchener. 14. That Council consider a by-law at its November 1, 1999 meeting authorizing the repairs to 98 & 102 Weber Street East and 221,225 & 229 Lancaster Street as set out by the Property Standards Orders, at the owner's expense, if this has not been done by the owner on or before November 1, 1999. (Dealt with under Delegations and Carried.) 15. That $100,000 be submitted in the Capital Forecast for Rockway Gardens each year from 2000 to 2002; and, That these funds be used to repair and restore the Janzen fountains, Cascade pools, Schneider Fountain and Central fountains; and further, COUNCIL MINUTES NOVEMBER 1, 1999 - 443 - REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 15. 16. CITY OF KITCHENER (Cont'd) That funds for a routine preventative maintenance program and energy costs associated with the Rockway Garden fountains be included in the City of Kitchener 2001 Operating Budget. That the City of Kitchener join other area lower tier municipalities in a joint study of how Services Boards would operate in the Region of Waterloo; and further, That a sum of $10,000 be allocated as Kitchener's share of the study. (Action deferred until the recommendations of restructuring facilitators reviewing four Regions in the Province are available.) HERITAGE KITCHENER (L.A.C.A.C) (Regular Meeting of October 1, 1999) - "That, pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a Notice of Intention to designated the property municipally known as 31 Young Street (John Forsyth Co. Ltd.) as being of historic and architectural significance with the specific features of the designation to be as follows: Smvthe Residence Designation of all exterior elevations including the rubble stone foundation; buff brick walls; all windows and window openings; wood sills; all exterior doors and door openings; brick voussoirs; roof and roofline; chimney; wood soffit and fascia; and pedimented gables with coilor brace pendent. Forsyth Factory and later additions (save for 1937 addition) Designation of all exterior elevations including stone and brick foundations; brick walls; pilasters and corbelled brick banding at cornice; all windows and window openings; all exterior doors and door openings; brick voussoirs; roof and roofline; and painted signage bands reading "JOHN FORSYTH CO. LTD." and "FINE SHIRTS-UNDERWEAR-PYJAMAS". Forsyth Factory 1937 Addition Designation of all exterior elevations including penthouse; pre-cast concrete piers with vertical etchings; concrete spandrals; and datestone reading 1937; glass block walls; all windows and window openings; all exterior doors and door openings; concrete parapet wall with engraved name reading "JOHN FORSYTH"; roof and roofline." (Dealt with under Delegations and Carried.) HERITAGE KITCHENER (L.A.C.A.C) (Special Meeting of October 15, 1999) - That Heritage Kitchener agrees, in principle, to the concept proposed by J. M. Drama, to alter the Registry Building, 122 Frederick Street, for a community arts centre, substantially as shown on the concept plans prepared by The Walter Fedy Partnership, dated Sep. 20/90 and numbered #18-99-19, subject to the following: a) That the barrier free access not be located on the Frederick Street elevation, with the details of the final location for the barrier free access to be reviewed by Heritage Kitchener. (Action Deferred and Referred) b) That Item 2, 3, 4, 5 & 6 on the concept plans be designed in such a way that no portion exceeds the height of the window sills, so as not to impact any existing window openings, with the final details to be reviewed by Heritage Kitchener. COUNCIL MINUTES NOVEMBER 1, 1999 - 444 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER (L.A.C.A.C) (Special Meeting of October 15, 1999) - (CONT'D) 1. (Cont'd) c) That removal of portions of the grey and green marble walls and the terrazzo floors in the lobby, as identified in the concept plans, be permitted subject to a re-examination of the necessity to do so. (As Amended) d) That the proponents submit detailed drawings for all proposed renovations, with special emphasis on the proposed alterations to the columns and ceiling in the main hall with those drawings to be stamped by a professional engineer. e) That the proponents provide assurances to Heritage Kitchener, through the City's Chief Building Official, that no alterations will affect the structural integrity of the building. f) That the proponents receive approval, pursuant to the Ontario Heritage Act, from City Council, of the final plans for the proposed alterations to the Registry Building, 122 Frederick Street. (Carried, as amended, excepting item a) which is deferred and referred back to Heritage Kitchener which is requested to discuss this matter with the 'Barrier Free Access Committee' prior to submitting a recommendation.) PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That Council initiate a local improvement under Section 12 of the Local Improvement Act for the construction of a sanitary sewer and connections on Glasgow Street, from a point 80 metres west of Knell Drive to Westwood Drive. That Schedule 'A' of Chapter 877, Sidewalks - Downtown Snow Removal, of the City's Municipal Code be amended by adding thereto the following portion of street: the north side of Joseph Street, from Queen Street South to Ontario Street South. That a salt/sand storage dome be constructed at the Strasburg Yards Facility (Battier Road at Huron Road) at an estimated cost of $41,000.00; and further, That funding be provided by the Future Maintenance Facility Expansion Reserve, which was established through the sale of the Maple Street Yards. That the one (1) hour parking regulation, 8:00 a.m. to 6:00 p.m., Monday to Friday, on the west side of Grenville Avenue be converted to three (3) hours; and further, That the Uniform Traffic By-law be amended accordingly· That an Adult Crossing Guard Facility be established at the intersection of Westforest Trail and Victoria Street; and, That an Adult Crossing Guard Facility be established at the intersection of Marlborough Avenue and North Avenue on a temporary basis until June 30, 2000; and further, That the 1999 Operating Budget be adjusted to reflect an over-expenditure of $3,500.00. That a 1.5 metre (5 ft.) bicycle lane be provided on both sides of Strasburg Road, between Bleams Road and Ottawa Street; and, That left turn lanes be provided along Strasburg Road at all intersecting roadways, including the entrance to Forest Glen Plaza; and, That through the above measures, the travel lanes on Strasburg Road be reduced to a single lane for each direction; and, COUNCIL MINUTES NOVEMBER 1, 1999 - 445 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) 6. (Cont'd) That parking be prohibited at anytime on both sides of Strasburg Road, between Ottawa Street and a point 98 m east of Ottawa Street; and, That parking be prohibited at anytime on both sides of Strasburg Road, between a point 50 m west of Kingswood Drive and a point 50 m east of the west intersection of Barwood Crescent; and, That parking be prohibited at anytime on both sides of Strasburg Road, between Blackhorne Drive and a point 318 m east of Block Line Road; and further, That the Uniform Traffic By-law be amended accordingly. That parking be prohibited anytime on the south side of Archer Place, from Lyndhurst Drive to Burbank Road; and further, That the Uniform Traffic By-law be amended accordingly. That an additional $130,000.00 be included as part of the 2000 Capital Budget Review to complete repairs to the helix in the Duke and Ontario Garage that were originally scheduled for 1999. That free parking be provided in all City operated parking facilities on Saturdays, commencing on November 20, 1999 and extending through the Christmas season to January 2, 2000 inclusive, as requested by the Kitchener Downtown Business Association. COUNCIL MINUTES NOVEMBER 1, 1999 - 446 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Execution of Enqineerinq Aqreements i) Doon-Pioneer 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 Ltd., regarding the Hearthwood Subdivision, Draft Plan 30T-87033." ii) 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 Planning and Engineering Initiatives Limited, regarding the reconstruction of Union Boulevard (King Street to Esson Street)." 2. Doq Desiqnation Appeal Decision It was resolved: "That the September 29, 1999 decision of the Dog Designation Appeal Committee regarding an appeal of a Prohibited Dog designation filed by Victor Julian be ratified and confirmed." Execution of Aqreement (Human Resources Development Canada) - Hot Glass Studio Equipment It was resolved: "That the Mayor and Clerk be authorized to execute a partnership agreement with Human Resources Development Canada providing for the purchase of hot glass studio equipment from Mr. Mish Vins in accordance with the terms outlined in Council's resolution of June 28, 1999, with said agreement to be to the satisfaction of the City Solicitor." 4. Licences i) Charitable Auction & Refreshment Stand It was resolved: "That the YMCA of Kitchener-Waterloo, 333 Carwood Ave., Kitchener, Ontario, N2G 3C5, be granted permission to operate an auction and refreshment stand at the City of Kitchener Rotunda, Kitchener, on November 12, 1999, provided that the necessary Fire and Health approvals and Licence are obtained and further, that the nominal fee be applicable. NOVEMBER 1, 1999 Be COUNCIL MINUTES - 447 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 4. Licences - (Cont'd) ii) Permanent Vendor/Place of Refreshment It was resolved: "That Karim Ladhani be granted 1999 Permanent Vendor and Place of Refreshment Licences relative to a business at 8 Moyer Place to operate under the name of 'This Little Piggy'." iii) Massagist It was resolved: "That Sophie Clement be granted a 1999 Massagist Licence relative to the premises at 2271 Kingsway Drive." - and - "That Tara Wunder who is employed as a massagist at 2271 Kingsway Drive, Kitchener, be granted a Massagist licence for the year 1999." iv) Permanent Vendor It was resolved: "That Michael Joseph Barker be granted a Permanent Vendor Licence relative to a business to be operated at 338 King Street West, Unit #6 under the name of 'Effective Image Graphic Design and Illustration'.' v) Charitable Refreshment Stand It was resolved: "That Renison College be granted permission to hold its annual East Asian Festival including a refreshment stand, in the Kitchener City Hall Rotunda, Kitchener, on November 3, 1999 provided that the necessary Health approval and Licence are obtained and further, that the nominal fee of $10.00 be applicable." 5. Tenders The tenders were dealt with under delegations. 6. Committee of Adjustment The recommendations of the Committee of Adjustment were dealt with under delegations. 7. Kitchener-Waterloo Art Gallery Agreement It was resolved: "That the Mayor and Clerk be authorized to execute an Agreement with The Centre in the Square, Inc., and The Kitchener-Waterloo Art Gallery to assign The Centre the City's rights under the March 1, 1978 Agreement with the Kitchener- Waterloo Art Gallery, and to amend the 1978 Agreement." COUNCIL MINUTES NOVEMBER 1, 1999 - 448 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 8. A.qreement - Corporate Information Application It was resolved: "That the Mayor and Clerk be authorized to sign an agreement with Orion Technologies Inc. to provide for a royalty to the City of Kitchener on sales of the Corporate Information Application to other municipalities, corporations, or agencies, based on 10% of the gross sales price of the base system; and further, That the above recommendation is subject to a satisfactory legal agreement being prepared and reviewed by the City Solicitor." 9. Christkindl Market - A.qreement and Event of Municipal Si.qnificance Mayor C. Zehr asked that the Committee consider an agreement with the Concordia Club relative to use of a portion of the Civic Square during Christkindl Market celebrations and that the yearly market and festival be determined to be of municipal significance for a number of reasons. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, containing provisions for the insurance and indemnity of the City, and subject to meeting with applicable licensing criteria and approval, which will provide for Concordia Club's use of a cordoned off portion of the Civic Square and allow for Concordia Club's sale of Mulled wine, Schnapps and Gluhwein (warmed wine) as part of the Christkindl Market celebrations from December 9 to December 12, 1999; and further, That the yearly market and festival event known as 'Christkindl Market' and held at Kitchener City Hall is of 'Municipal Significance' for the following reasons: It is based on a cherished tradition in Germany that has existed for more than 400 years. Christkindl Markets are world renowned for their special ceremonies, festivities and entertainment, outstanding selection of gifts and foods, and elaborate city decorations. It involves cultural, artistic and culinary displays and presentations particular to the City of Kitchener's heritage. It was a 1999 Winner: Best New Festival/Event Ontario from Festivals and Events Ontario. It is an expression of community spirit and a celebration of the Christmas SeaSOR." 10. Licenses The Committee was in receipt of memoranda dated October 27 and 29, 1999 from the Manager of Licensing. It was resolved: "That Melissa MacDonald, who is employed as a massagist at 1412 Victoria Street North, Kitchener, be granted a Massagist licence for the year 1999." - and - "That Kellie Mongeon, who is employed as a massagist at 2271 Kingsway Drive, Kitchener, be granted a Massagist licence for the year 1999." COUNCIL MINUTES NOVEMBER 1, 1999 - 449 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 11. Applications for Cancellation, Refund, Reduction or Levv of Taxes The Committee was in receipt of a letter dated October 27, 1999 from Mr. R.W. Pritchard, to which was attached a summary of tax adjustment applications. It was resolved: "That the applications attached hereto and forming part of these minutes relative to cancellation, reduction, refund or levy of taxes be disposed of as recommended therein." 12. Encroachment Agreement - Grand River Hospital (Bridgeport-North Ward) The Committee considered a request outlined in correspondence dated November 1, 1999 from Ms. L. MacDonald. It was resolved: "That subject to the Engineering Division approving the final drawings, the Mayor and Clerk be authorized to execute an encroachment agreement with the Grand River Hospital to permit the installation and maintenance of a communication cable under the Park Street road allowance." 13. Consent to Transfer of Property (Fairview Ward) The Committee was in receipt of a memorandum dated November 1, 1999 from Mr. J. Shivas dealing with deed restrictions and a request that the City consent to a transfer of property in the Huron Industrial Park. It was resolved: "That the City consent to a transfer of Parts 13 to 18 on Reference Plan 58R- 10219, located at the corner of Strasburg Road and Battier Drive, Kitchener, from OHG Canada Eastern Inc. to 1379419 Ontario Inc." 14. Compliance with Deed Restrictions (Bridgeport-North Ward) A memorandum dated November 1, 1999 from Mr. J. Shivas was circulated this date requesting the City confirm that 299 Bridge Street East was in compliance with deed restrictions contained in a deed from the City to Bev Shearer & Sons Roofing Ltd., It was resolved: "That on November 1, 1999, the property described as Part Lot 112 of the German Company Tract designated as Part 1 on Plan 58R-3388 and municipally known as 299 Bridge Street, Kitchener, complied with the restrictions set out in Schedule 'A' to Instrument No. 802164."