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HomeMy WebLinkAboutCouncil Minutes - 2000-10-02OCTOBER 2, 2000 COUNCIL MINUTES 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 Dana Vagner, Maria Heemskerk, Brenda Braun-Whiteman, Kaitlyn McQuaid and Silvina Oliveira, all of whom are with the King School of Vocal. As a tribute to former Prime Minister Pierre Elliott Trudeau, who passed away on September 28, 2000, Mayor C. Zehr read a statement reflecting upon the influence of Mr. Trudeau on individuals and on Canada. At the request of Mayor C. Zehr, the Council and those in attendance stood to observe a minute of silence out of respect for Pierre Elliott Trudeau. It is noted for the record that, pursuant to Section 25.8.9 of Chapter 25 (Council Procedure) of the Municipal Code, Councillors J. Haalboom and John Smola disclosed pecuniary interests at the in- camera meeting of City Council held September 25, 2000 respectively with regard to matters involving solicitor-client privilege and labour relations. On motion by Councillor M. Yantzi, the minutes of the regular meeting held September 18, 2000 and special meetings held September 18 & 25, 2000, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED DIRECTLY TO FILE - (1) Correspondence dated September 13, 2000 from Duncan Brown, Chief Executive Officer - Alcohol and Gaming Commission of Ontario, responding to Kitchener's concerns regarding the process relating to municipal objections to the issuance of liquor licenses. Ms. Wendy Macintosh, representing the Stanley Park Neighbourhood Association, appeared as a delegation in support of Clause 3a of the Community Services Committee report dealing with financing required for the construction of a new community centre in the Stanley Park/Grand River area. She remarked on the completion of a feasibility study in this regard and on the current activity level of the Stanley Park Recreation Association. Ms. Macintosh noted that the Association serves at least six residential areas on the east side of Kitchener and is the last remaining area in Kitchener with major community programming and without the benefit of a community centre. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That Clause 3 of the Community Services Committee report be adopted." Carried. A number of delegations were in attendance in respect to the presentations of Year 2000 Residential and Business Awards under the Kitchener in Bloom program. Mr. D. Daly advised that this was the fourth year the City has sponsored the Residential Frontyard Program wherein Canada Post letter carriers nominated one residence as the most beautiful on their route, while route delivery drivers did the same with respect to residences served by community mailboxes. He noted that the Business Awards Program was also developed to recognize and thank those businesses which have made a significant contribution to the quality of the City through the beautification and maintenance of their properties. Mr. Ted Potworka provided a brief history of the Business Awards Program and explained the four categories established as well as the judging process. Mayor C. Zehr and Councillor G. Lorentz, assisted by Mr. Potworka, presented awards to the property owner, the designer and the maintenance firm for the winning properties as follows: BUSINESS AWARDS PROGRAM Lar.qe Scale Commercial 4° 135 Gateway Park Drive (Silver City-Chapters-East Side Mario's) · Owner: Peter Griffis (1289193 Ontario Inc.) OCTOBER 2, 2000 COUNCIL MINUTES - 463 - CITY OF KITCHENER · Design: · Maintenance: Brian Roth (Roth & Associates) John Simpson (Twin City Inteloc) Small Scale Commercial 253 Queen Street South (Trio Design Glassware) · Owner: Renato Foti · Design: Renato Foti · Maintenance: Renato Foti Industrial 530 Manitou Drive (Lear Seating Group) · Owner: Bruce Francis (Lear Canada Ltd.) · Design: Sean and Gary Hebel (York Nurseries) · Maintenance: Sean and Gary Hebel (York Nurseries) Multi-Residential 700 Glasgow Street (Briar Patch Lane) · Owner: Don MacAIpine & residents (Briar Patch Condominium Corporation) · Design: Sean and Gary Hebel (York Nurseries) · Maintenance: Sean and Gary Hebel (York Nurseries) Mr. Potworka congratulated the winners and encouraged all business owners to participate in 2001. Ms. Brenda Luckhardt provided an overview of the Residential Awards Program for which 150 nominations were received and explained the selection process. A Powerpoint presentation illustrated the winning residences during presentations of the Awards by each Ward Councillor. RESIDENTIAL AWARDS PROGRAM Ward 1 Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 Ward 7 Ward 8 Ward 9 Ward 10 Roman and Erna Tondt Peter and Donna Demrovsky Mrs. Irena Mieszczak Lucja and Zygeunt Mlodecki Ken and Kim Ball Marnie Kelly Doug and Julie Murray Mike and Debbie Kohlruss George and Donna Barnard Iggy and Irma Astl 244 River Road East 157 Pleasant Avenue 251 Margaret Avenue 10 Inlet Avenue 171 Jackson Avenue 398 New Dundee Road 37 Traynor Avenue 95 Shea Crescent 147 Pinehurst Crescent 20 Lennox Crescent CITY CHAMPION - RESIDENTIAL Ken and Kim Ball- 171 Jackson Avenue Ms. Luckhardt extended congratulations to all nominees and winners of Canada Post with the letter carrier award being presented to Mr. Canada Post letter carriers who contributed to the residential awards and recognized the participation Frank Baril, representing all the selection process. Mr. Henning Grumme introduced the members of the Kitchener in Bloom program committee thanking them for their efforts as well as the judges who were also in attendance. He also expressed appreciation to all the corporate and supporting sponsors. Mayor C. Zehr and Councillor G. Lorentz added their remarks of appreciation on behalf of Council to all those involved in the program. Ms. Kathy Bissell appeared as a delegation in respect to the Business Visitation Program which was developed as a result of joint efforts of the two School Boards and the Economic Development Division. She indicated that her purpose was to recognize and commend the companies and representatives for their commitment and participation in the 1999/2000 Business Visitation Program and present them with a plaque on behalf of City Council and both Waterloo Region District School COUNCIL MINUTES OCTOBER 2, 2000 - 464 - CITY OF KITCHENER Boards. Plaques were then presented by Mayor C. Zehr, Cecil Omand, Director of Education - Waterloo Region District School Board, Roger Lawler, Director of Education - Waterloo Catholic District School Board and Dave Brown, Program Co-ordinator- Waterloo Region District School Board to the following companies with representatives of a number of them being in attendance to receive the plaque, as follows: BLM Transport Research in Motion Ltd. St. Mary's General Hospital Petsmart Bingeman Park Globe Stamping Company Ltd. RMS Corporation ATS Automation Tooling System Home Depot Homer Watson House and Gallery Mr. Brian Eby appeared as a delegation on behalf of Mr. Antonio Ferreria with respect to Clause 1 of the Finance and Administration Committee report dealing with Mr. Ferreria's request for permission to locate a chip wagon at 3328 King Street East. He indicated that the findings and recommendation outlined in S. Gyorffy's October 2, 2000 memorandum to City Council were acceptable. Moved by Councillor B. Vrbanovic Seconded by Councillor T. Galloway "That the request of Mr. Antonio Ferreria for an exemption to Municipal Code Chapter 586 (Refreshment Vehicles) to permit him to locate a chip wagon at 3328 King Street East be approved subject to: a) the required licence being issued only after the completion of the Regional road reconstruction project on King Street East and River Road. b) the term of the approval of this exemption being a one-year period commencing upon issuance of the licence. c) no traffic problems developing as a result of this approval." Carried. Ms. Marie Morrison appeared as a delegation to provide a Powerpoint presentation respecting the Compass Kitchener initiative and future actions. She circulated a Summary of Compass Kitchener Input received with respect to Strategic Directions 1-5 and provided an update of activity during the past several months. Councillor K. Taylor-Harrison made remarks as to the magnitude of the effort and work involved with the Compass Kitchener undertaking. Ms. Carol Wiebe, MacNaughton Hermsen Britton Clarkson Planning Limited, appeared as a delegation in respect to Clause 1 of the Planning and Economic Development Committee report dealing with a Municipal Plan Amendment, Zone Change and Plan of Subdivision respecting land abutting Huron Road. She indicated that as requested at the Committee meeting, she and Mr. Martin Jones had provided copies of all reports and had lengthy discussions with a number of residents who now appeared to be satisfied as to their concerns that were previously expressed at the September 25, 2000 Planning and Economic Development Committee meeting. Councillor J. Haalboom questioned if a portion of the lands should be designated as a cultural landscape and Ms. C. Wiebe advised that historical issues had been addressed as part of the planning process and noted that all that remained of the early settlement of New Aberdeen would fall into the City's hands. Councillor T. Galloway indicated that he supported the recommendation and an additional staff recommendation contained in Business and Planning Services report BPS-00-135 dated September 28, 2000, circulated this date requesting inclusion of an additional subdivision condition #95. He commented that it was his understanding the residents were appreciative of the meeting that took place with the consultants and that they did seem to have had their concerns addressed. On a general note, he advised that there was a concern in situations where a development plan was proposed that was outside of the required circulation area that nearby residents were uninformed. He commented that neighbourhood associations wish to be informed of nearby development and Mr. B. Stanley took this notice issue under advisement. COUNCIL MINUTES OCTOBER 2, 2000 - 465 - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That Clause 1 of the Planning and Economic Development Committee report of this date be adopted, including an amendment outlined in BPS-00-135 to add an additional condition #95 to the subdivision application conditions." Carried. Mr. Ronson Sandham, Tillsonburg, appeared as a delegation in regard to Clause 4 of the Finance and Administration Committee report dealing with a recommendation to refuse the application of Mr. Sava Cupic for an exemption from the Municipal Code Chapter 408 as it relates to his keeping of pigeons. Mr. Sandham advised that he was representing both the Canadian Racing Pigeon Union and Mr. S. Cupic. He suggested that the problem with Mr. Cupic was just a misunderstanding resulting from language difficulties and a lack of understanding of racing pigeons on the part of others. Accordingly, he asked that Council delay a decision on this matter so as to allow Mr. Cupic to meet by-law requirements. Further, Mr. Sandham indicated that he was prepared to meet with the Finance and Administration Committee to assist in resolution of this matter. A number of questions from various Councillors were responded to by Mr. Sandham dealing with the keeping of pigeons, Association membership and regulations, contact with City staff, compliance to regulations and neighbourhood complaints. Councillor J. Ziegler remarked on the nature of this ongoing problem, Mr. Cupic previously having had interpreters, and also having had sufficient time to understand regulations but making no attempt to comply. He suggested that Mr. Cupic was an example of where the Pigeon Association should be requesting the City to proceed with charges given his conduct. Moved by Councillor J. Ziegler Seconded by Councillor T. Galloway "That Clause 4 of the Finance and Administration Committee report be adopted." The motion was then put to a recorded vote at the request of Councillor Jake Smola and Carried Unanimously. On motion by Councillor J. Ziegler, seconded by Councillor G. Lorentz, it was agreed that a by-law would be added to the agenda for three readings this date authorizing removal of the pigeons and existing pigeon coop structure from 939 Strasburg Road as set out in Clause 4 of the Finance and Administration Committee report. Councillor J. Ziegler advised that a delegation was in attendance in respect to Clause 2 of the Finance and Administration Committee report dealing with a request of Hoang Nguyen for permission to locate a chip wagon at 471 King Street East. The matter was deferred and referred to the meeting this date pending outcome of discussions between the Ward Councillor and the owner of Coffee Time Donuts, 450 King Street East. A motion was introduced by Councillor M. Yantzi, seconded by Councillor K. Taylor-Harrison, to approve the request of Hoang Nguyen for an exemption to Municipal Code Chapter 586 (Refreshment Vehicles) to permit him to locate a chip wagon at 471 King Street East for a one-year period. Several Councillors were in favour of the motion on the basis that it was not in direct competition with other businesses and was for a temporary period of time. Several other Councillors were opposed to the motion on the basis that Council should adhere to its previously established criteria pertaining to such requests. At the request of Councillor Jake Smola, Councillor M. Yantzi's motion to approve an exemption at 471 King Street East was put to a recorded vote and Lost. Councillors M. Yantzi, J. Ziegler, K. Taylor-Harrison, G. Lorentz and B. Vrbanovic voted in favour of the motion while Mayor C. Zehr and Councillors Jake Smola, T. Galloway, C. Weylie, J. Haalboom and John Smola voted in the negative. Following the vote, Councillor M. Yantzi questioned if staff could report back on possible uses of the improved site at 471 King Street East at the next Finance and Administration Committee meeting. Mr. Kevin Eby, Region of Waterloo, appeared as a delegation in regard to Clause 2 of the Planning and Economic Development Committee report dealing with a request that the Region defer adoption OCTOBER 2, 2000 COUNCIL MINUTES - 466 - CITY OF KITCHENER of Amendment that would establish policies in their Regional Official Policies Plan to protect groundwater resources from industrial uses. His purpose was to request that Kitchener Council defer the Committee recommendation to allow affected parties to fully discuss what has been done recently on this matter. Mr. Eby provided details with respect to background issues and what has been done based on the water protection strategy endorsed by the Region in 1994, including consultant input, peer reviews, ongoing consultation, extensive stakeholder input, staff presentations and evaluation of alternatives. He noted that a further Regional public information meeting was being held after which a staff report would be prepared. He expressed concerns that Kitchener staff report BPS-00-124 did not take certain activity into account. Accordingly, he requested Council deferral and referral of Clause 2 to its October 23, 2000 meeting, noting it was intended to bring the matter to Regional Council on October 25, 2000. Several Councillors remarked on how the Amendment was of major importance to Regional Council. Mr. Eby responded to various questions from Councillors covering issues such as best management practices, property rights and zoning of uses, not relying on engineering equivalency, further reduction of risk by finding appropriate locations where any possible accidents would have the least impact, and establishment of Region-wide definitions. Mr. B. Stanley pointed out that last June, Kitchener Council had adopted the same resolution now before Council and noted that Kitchener staff concerns had not been resolved. He indicated that there were major concerns surrounding implementation of the policies that should be addressed before approval of the Amendment. Councillor T. Galloway commented that he did not think the issue had to be dealt with as quickly as Regional staff were proposing; however, he noted that the three cities need to move forward with a common industrial land strategy. A motion was put forward by Councillor C. Weylie, seconded by Councillor M. Yantzi, to adopt Clause 2 of the Planning and Economic Development Committee report. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That action on Clause 2 of the Planning and Economic Development Committee report be deferred and referred to the October 23, 2000 Council meeting for consideration." A recorded vote was taken at the request of Councillor J. Haalboom. In Favour: Mayor C. Zehr and 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 C. Weylie extended an invitation to anyone with a concern relative to the groundwater matter to attend the Regional Planning and Culture meeting on October 3, 2000. Mr. Tim Fox appeared as a delegation to make a brief presentation, utilizing the overhead projection system, on Clause 3 of the Planning and Economic Development Committee report dealing with a Kitchener-Waterloo & Area film and television strategy. He remarked on the growth of the film and television industry in Ontario and on the dollars injected into the community by the industry. Mr. Fox commented that Kitchener has hosted numerous productions and proposed to partner with neighbouring municipalities in order to market the regional area to the film industry. In this regard, he noted that information has been placed on the City's website and with the Ontario Film Corporation. Council then viewed a portion of a video recently shot in Kitchener featuring Ms. Amanda Marshall. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That Clause 3 of the Planning and Economic Development Committee report be adopted." Carried. OCTOBER 2, 2000 COUNCIL MINUTES - 467 - CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee be adopted." Voted on Clause by Clause. Clause 3 - Dealt with under Delegations and Carried. Balance of Report - Carried. Moved by Councillor Jim Ziegler Seconded by Councillor M. Yantzi "That the report of the Finance and Administration Committee be adopted." Clause 1 and 2 - Motions redundant and not considered as the matters were Dealt with under Delegations. Clause 4 - Dealt with under Delegations and Carried. Balance of Report - Carried. Councillor M. Yantzi referred to a letter and petition submitted by Thomas Eason on behalf of Acacia Street residents concerning a problem with tree roots in the sewer lines. On motion by Councillor M. Yantzi, seconded by Councillor T. Galloway, it was agreed to refer this matter to the October 16, 2000 Public Works and Transportation Committee meeting. Councillor T. Galloway indicated that he had earlier announced that he would run for a Regional Councillor position to represent the City of Kitchener and remarked on how difficult the decision had been. He noted that he did feel very strongly about Regional issues and was of the view that the best place he could serve the community was at the Regional level. Councillor J. Haalboom advised that some residents in her Ward were confused as to where the new Ward boundary lines were drawn and recommended that a large laminated election ward map be installed in community centres to assist residents with their inquiries. Messrs. G. Sosnoski and B. Stanley took this matter under advisement. Councillor J. Haalboom raised a pedestrian/traffic concern with respect to students living on Arrowhead Crescent and Green Valley Drive who attend Doon School. She indicated that the students preferred Homer Watson Boulevard as the quickest route to the school and noted that it was not safe given the lack of a sidewalk. She asked S. Gyorffy to comment on any other possible routes students could follow. Mr. Gyorffy advised that staff were reviewing possible installation of a sidewalk on Homer Watson Boulevard and would be reporting at Public Works and Transportation Committee meeting. He did note that there was a major problem related to crossing the creek. Councillor J. Haalboom thanked the organizers of the Brundblast 2000 for their co-operation as prior to the event, residents had expressed concern about possible noise problems. Councillor Jake Smola referred to the delegation from Susan Court that had appeared at the September 25, 2000 Planning and Economic Development Committee meeting and advised that a neighbourhood meeting had taken place with himself, Councillor B. Vrbanovic and Mr. C. Smith of the School Board. He noted that many of the issues just dealt with landscaping matters and that Mr. Glen Richardson and Mr. C. Smith would be reporting at a future date. Councillor Jake Smola referred to the 2000 Olympics that are currently being held in Australia and Mayor C. Zehr advised that the three cities were planning an event for all Olympic athletes. At the request of Councillor Jake Smola, Mr. S. Gyorffy commented on the leaf collection program and the flyer that was being delivered to every household. He briefly explained the leaf disposal methods available to residents. OCTOBER 2, 2000 COUNCIL MINUTES - 468 - CITY OF KITCHENER Councillor B. Vrbanovic advised that the Festival of Neighbourhoods had wound up last Sunday and that the Brubacher Street residents had won the available $10,000. neighbourhood grant. Councillor G. Lorentz pointed out that the City of Toronto was making water bills available over the Internet and questioned if staff could look into the process on an exploratory basis. Ms. P. Houston advised that staff already had the subject of e-business on their agenda for consideration. Mayor C. Zehr advised that on October 14, 2000, during Oktoberfest, the City of Kitchener was sponsoring Council's Grillfest from 12:00 p.m. to 2:00 p.m. and issued a public invitation in that regard pointing out that the Millennium Thumbprint unveiling would take place at 2:00 p.m. Council agreed to the request of Mr. G. Sosnoski to add two by-laws for three readings this date; the first in respect to Chapters 408 and 650 of the Municipal Code and a pigeon loft at 939 Strasburg Road; the second, in respect to the establishing and laying out of a part of Thomas Slee Drive. Moved by Councillor John Smola Seconded by Councillor J. Haalboom "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) A by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (b) Being a by-law to approve a Capital Expenditure for the undertaking of various construction or renovation projects and the purchase of fire vehicles, at a total estimated cost of $7,006,000.00 and for the borrowing of money therefor. Being a by-law to exempt certain lots from Part Lot Control - Lot 3, Registered Plan 58M-1 - Highbrook Crescent. (d) Being a by-law to provide for the establishment and laying out of part of Janet Court as a public highway in the City of Kitchener. (e) To confirm all actions and proceedings of the Council. (f) Being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs. (g) Being a by-law to authorize the carrying out of the provisions of Chapters 408 and 650 of the City of Kitchener Municipal Code with respect to the property municipally known as 939 Strasburg Road, Kitchener. (h) Being a by-law to provide for the establishment and laying out of part of Thomas Slee Drive as a public highway in the City of Kitchener." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor M. Yantzi as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor M. Yantzi Seconded by Councillor J. Ziegler "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes, are hereby adopted and confirmed." Carried. Moved by Councillor John Smola Seconded by Councillor J. Haalboom "That the by-laws listed on the agenda for third reading, namely: OCTOBER 2, 2000 COUNCIL MINUTES - 469 - CITY OF KITCHENER (a) (b) (d) (e) (f) (g) (h) Being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2000-159) Being a by-law to approve a Capital Expenditure for the undertaking of various construction or renovation projects and the purchase of fire vehicles, at a total estimated cost of $7,006,000.00 and for the borrowing of money therefor. (By-law No. 2000-160) Being a by-law to exempt certain lots from Part Lot Control - Lot 3, Registered Plan 58M-1 - Highbrook Crescent. (By-law No. 2000-161 ) Being a by-law to provide for the establishment and laying out of part of Janet Court as a public highway in the City of Kitchener. (By-law No. 2000-162) To confirm all actions and proceedings of the Council. (By-law No. 2000-163) Being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs. (By-law No. 2000-164) Being a by-law to authorize the carrying out of the provisions of Chapters 408 and 650 of the City of Kitchener Municipal Code with respect to the property municipally known as 939 Strasburg Road, Kitchener. (By-law No. 2000-165) Being a by-law to provide for the establishment and laying out of part of Thomas Slee Drive as a public highway in the City of Kitchener. (By-law No. 2000-166) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 10:10 p.m. MAYOR CLERK COUNCIL MINUTES OCTOBER 2, 2000 - 470 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE 1. A. That Council approve the attached Municipal Plan Amendment Application MPOOIO61SIJG (Huron Road - Strasburg Creek-South Branch Tributary), being an amendment to Map 2A to reduce the floodline boundaries, and to Map 5 to change the designation from Open Space to Low Rise Residential. It is of the opinion of this Committee that approval of this Amendment to the City's Municipal Plan is proper planning for the City. i) That the Regional Municipality of Waterloo be requested to modify Deferral 2b) to Map 4 - Transportation by deleting references to the eastern portion of the proposed major collector, identified as Collector Road "C" in the Huron Community Plan, and its intersection with Strasburg Road, while continuing the deferral on the portion of the collector road located between Biehn Drive and Strasburg Road, such that Deferral 2b) reads as follows: "2b) That the designation of the proposed northwest major collector road between Biehn Drive and the proposed extension of Strasburg Road (identified as Collector Road 'C' in the Brigadoon Community Plan) be deferred pending the completion of detailed environmental studies relating to the crossing of the open space area and the receipt of approvals from the Ministry of Natural Resources, the Grand River Conservation Authority, the Regional Municipality of Waterloo and the City of Kitchener." ii) That Map 4 - Transportation be modified by deleting reference to Deferral 2b) for the portion of the major northwest collector road located west of Strasburg Road and further, that this portion of the major collector be shown to align with the western portion of the major collector road east of Strasburg Road, all as shown on "Schedule A" attached. That Zone Change Application ZC 98/02/H/JG (Huron Road - 673099 Ontario Limited) requesting a change in zoning from Restricted Business Park (B-2); Restricted Business Park (B-2) with special use provision 211; Restricted Business Park (B-2) with special use provision 211 and special regulation provision 1R and property detail 17; and Hazard Land Zone (P-3) to Residential Zone (R-3); Residential Zone Four (R-4) with special regulation provision 341R; Residential Six Zone (R-6) with special regulation provision 342; 343, 344 and 345, Neighbourhood Institutional Zone (I-1) with special use provision 211; Public Park Zone (P-l); Open Space Zone (P-2); Hazard Land Zone (P-3); and Residential Three Zone (R-3) with holding provision [K (F) (R)] on lands legally described as Lots 148 to 160 inclusive, 162 and 163, and Part of Lots 176 and 177, Registered Plan 640; and Part of Lots 12 and 13, Biehn's Tract, be approved in the form shown on the attached by-law dated August 29, 2000, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with an Amendment (Huron Road - Strasburg Creek - South Branch Tributary) to the City's Municipal Plan. That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, Chapter P.13 as amended, and delegation By-law 97-061, grant draft approval to Plan of Subdivision Application 30T-98201 in the City of Kitchener, for 673099 Ontario Ltd. subject to the following conditions: That this approval applies to Plan of Subdivision 30T-98201 for 673099 Ontario Ltd. as shown on the plan prepared by MacNaughton Hermsen Britton Clarkson Ltd. dated August 23, 2000 and as shown on the attached Plan of Subdivision prepared by the City of Kitchener, dated August 25, 2000 which shows the following: Stage One Blocks 1-10 Block 11 maximum 163 units single, semi, towns park OCTOBER 2, 2000 COUNCIL MINUTES - 471 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Blocks 12, 13 Block 14 Blocks 15, 16 landscaped buffer/community trail open space/stormwater management 0.3 metre reserve Stage Two Blocks 1-9 Blocks 10, 11 Blocks 12, 13 Block 14 Block 15 Block 16, 17 maximum 131 units single, semi, towns landscaped buffer/community trail open space walkway/emergency access temporary road 0.3 metre reserves Stage Three Blocks 1-7 Block 8 Blocks 9, 10 maximum 84 units single, semi, towns stormwater management 0.3 metre reserves Stage 4 Blocks 1-13 Blocks 14, 15 Block 16 Blocks 17, 18 Block 19 Block 20 Blocks 21-24 maximum 112 units single, semi, towns open space open space/stormwater management walkway service corridor temporary road 0.3 metre reserves Stage 5 Block 1-5 Block 6 Block 7 Block 8 maximum 50 units single, semi, townhouse stormwater management service corridor 0.3 metre reserve Stage 6 Blocks 1-6 Block 7 Block 8 Block 9 Block 10 Block 11 Block 12 maximum 133 units single, semi, townhouse elementary school site park open space/stormwater management walkway temporary road 0.3 metre reserve CITY OF KITCHENER CONDITIONS That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined on the attached Plan of Subdivision and that the following special conditions be contained therein: The Subdivider covenants and agrees: 51. That the final plans for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated August 25, 2000, providing that a plan showing lotting within any residential block shall be permitted as set out in Section 52 below, and/or 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. 52. a) Major changes to the plan or changes affecting the numbering of lots or blocks shall require Ministerial approval and an Amendment to this agreement; COUNCIL MINUTES OCTOBER 2, 2000 - 472 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL b) Changes to the plan solely for the purpose of showing the final lotting pattern of Iotless blocks shall require a Supplementary Agreement prior to the registration of the plan however, no further Ministerial approval shall be required. 53. To prepare 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 Community Services, Ontario Hydro and the Grand River Conservation Authority, prior to any grading or construction on site and prior to registration of any stage of the Plan. 54. Lot Grading Control Plans for open space and trail blocks, Blocks 12, 13 and 14 (Stage 1); Blocks 10, 11, 12, and 13 (Stage 2); Blocks 8 (Stage 3) and Blocks 14, 15 and 16 (Stage 4), Block 6 (Stage 5) and Block 9 (Stage 6) shall include a 4.0 metre wide area for future trail link purposes. 55. To prepare a detailed engineering design for stormwater management in accordance with the approved concept plan to the satisfaction of the City's General Manager of Public Works in consultation with the City's General Manager of Community Services and the Grand River Conservation Authority, prior to any grading or construction on the site and prior to the registration of any stage of the plan. The detailed stormwater management design shall be in keeping with all applicable stormwater management requirements and particularly, the Stormwater Management Concept as outlined in the Huron Road Environmental Implementation Report, North Draft Plan, Volume I and II, May 1999 prepared by Stantec Consulting Ltd.. Said design shall also include an erosion and siltation control plan indicating the means whereby erosion will be minimized and silt maintained on site throughout all phases of grading and construction. 56. In consideration of the wooded character of portions of the subdivision lands and the City's desire to minimize the impact of development on treed areas worth retaining, the Subdivider shall 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 COUNCIL MINUTES OCTOBER 2, 2000 - 473 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 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 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 Plant 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 measure 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. 57. The Subdivider shall have landscaped plans of the stormwater management facilities prepared by an environmental professional acceptable to the City's General Manager of Community Services prior to the registration of each stage of the Plan. The SUBDIVIDER shall install all landscaping of areas above the 5 year storm level in accordance with the approved plan, during the first planting season after occupancy of the first unit. The remainder of the planting shall commence at such time as required by the CITY's General Manager of Community Services. The SUBDIVIDER shall maintain the planting for a period of one year from the completion of final planting. 58. The SUBDIVIDER agrees to erect one or more information signs at the main entrance(s) of the subdivision prior to the CITY'S General Manager of Public Works accepting the stormwater management pond. The information sign shall detail the purpose of the pond and include the telephone number of the contact person for further information, all to the approval of the CITY'S General Manager of Community Services. 59. To obtain from the Grand River Conservation Authority, a Fill, Construction and Alteration to Waterways Permit for the Huron Road culvert upgrade, creek crossings on the South Branch of Strasburg Creek by the internal roads, construction of the online facility and for the servicing crossing of Strasburg Creek. Such permit shall be obtained prior to on-site grading, the installation of services and prior to registration of the relevant stage(s) of the Subdivision Plan. 60. That the cost of constructing a hard surface on the community trails on Blocks 12, 13 and 14 (Stage 1) and Blocks 10, 11, 12 and 13 (Stage 2), Block 8 (Stage 3) and Blocks 14, 15 and 16 (Stage 4) is included in the City's Development Charge By-law 99-106, as amended, and as such, the City shall be responsible for 100% of the cost of these works. If sufficient money is not allocated from the appropriate City Development Charge Account(s) to permit the City to fund these works and the Subdivider wishes to proceed, the Subdivider agrees to provide and up- front the cost of these works. Accordingly, the City agrees to recognize any monies paid by the Subdivider for any works or services normally paid out of the City's Development Charge Account, with such monies representing a credit COUNCIL MINUTES OCTOBER 2, 2000 - 474 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL towards any City Development Charge payable for each lot or block only within the registered plan. Said credit shall be granted for that portion of the applicable Development Charge with respect to the community services required to be paid prior to the issuance of building permits for those lots or blocks identified by the Subdivider and included in a Supplementary Agreement with the City to be registered against the title of each identified lot or block. If the registration of the plan is staged, a Supplementary Agreement identifying each lot or block for which credits are payable shall be registered for each stage prior to the registration of each stage of the plan of subdivision, until there is no outstanding balance remaining. When no outstanding credit balance remains, then the Development Charges will be paid in the normal manner in accordance with the City's By-law. If, following the registration of the entire plan of subdivision and issuance of all building permits, there is any outstanding balance, it shall remain with the lands to be used as a credit for future development, or alternatively, the City shall enter into an agreement with the Subdivider, under Section 40 of the Development Charges Act, to enable the transfer of Development Charge credits to other benefiting lands within the community, subject to satisfactory arrangements being made between all parties. 61. That, within each stage, the final plan for registration shall show all lots intended for development as single detached, semi-detached or duplex dwellings and a supplementary agreement shall be registered for each stage prior to the registration of such stage. This condition shall not apply in the event that any stage of the plan is to be registered prior to approval of servicing plans. 62. That prior to the installation of services for the development of Iotless blocks, to submit a draft reference plan for each such lot or block, and obtain approval of the draft reference plan from the General Manager of Business and Planning Services, the General Manager of Public Works and Hydro's Engineer. 63. That the division of any lots or blocks by Part Lot Control shall be subject to compliance with the following requirements: The Subdivider shall submit a draft reference plan for each lot or block, and obtain approval of the draft reference plan from the City's General Manager of Business and Planning Services, the City's General Manager of Public Works and Hydro's Engineer; ii) The Subdivider shall pay all current outstanding taxes prior to the submission of a Part Lot Control Exemption By-law to the City's Council; iii) The draft reference plan approved above shall be deposited in accordance with the Land Titles Act and three copies submitted to the City's General Manager of Business and Planning Services; iv) The Subdivider shall receive final approval of a Part Lot Control Exemption By-law; v) No building permits shall be issued until steps i), ii), iii) and iv) above are completed and the layout shown on the registered reference plan is in compliance with the approved reference plan and the approved servicing and grading plans; OCTOBER 2, 2000 COUNCIL MINUTES - 475 - CITY OF KITCHENER 64. 65. 66. 67. 68. REPORTS ADOPTED BY COUNCIL vi) any further division of lands to create additional building parcels shall require the submission of subsequent reference plans to be approved in accordance with steps i), ii), iii) and iv) above. vii) Notwithstanding v) above, in the event that only one dwelling is to be constructed on a block in advance of final approval of a Part Lot Control Exemption By-law, in order to ensure that the proper and orderly ultimate development of the block is not compromised, the Subdivider agrees that prior to the issuance of any Building Permits: a) to submit a draft reference plan for each block, showing all required maintenance easements and eave encroachments if the lots or blocks are proposed for zero sideyard housing, and obtain approval of the draft reference plan from the General Managers of Business and Planning Services and Public Works and Hydro's Engineer; b) to obtain approval of lotting plans for each lot or block illustrating lotting, service connections, street utility hardware and proposed grades, together with building envelopes and driveway locations where required, in conformity with the approved draft reference plan as set out above, from the City's General Manager of Business and Planning Services. That prior to the issuance of any building permits within each stage of the plan, the Subdivider shall install temporary street name signs in the subdivision at the cost of the Subdivider and to the satisfaction of the City's General Manager of Public Works. Such signs shall indicate that such roads are not assumed by the City and are to be used at one's own risk until assumed by the City. Upon written acceptance of the road by the City's General Manager of Public Works, the Subdivider shall arrange for the erection of permanent traffic control signs and devices in the subdivision, at the cost of the Subdivider and to the satisfaction of the City's General Manager of Public Works. Upon the installation of the permanent signs, the temporary signs are to be removed by the Subdivider. That prior to the issuance of any building permits within the plan, the Subdivider acknowledges that new, realigned Huron Road shall be constructed and open to public vehicular traffic from its present terminus at Trillium Drive, to Strasburg Road. Except as otherwise set out in Section 67 below, the Subdivider shall install sidewalks on both sides of all streets within the plan. To make satisfactory arrangements with the City's General Manager of Public Works, to upgrade Huron Road across the entire section abutting the subdivision prior to the issuance of any building permits within the plan. Such upgrades shall include, but not be limited to, a sidewalk of modified construction materials and design on the south side of Huron Road, to be completed together with the construction of each of Stages 1 and 2, and left turning lanes on Huron Road as set out in the Huron Road Subdivision North Traffic Impact Review" prepared by Stantec Consulting Ltd. and dated November, 1999, to be completed prior to the issuance of any building permits in Stage 1, all to the satisfaction of the City's General Manager of Public Works. That the extension of the Strasburg Creek Trunk Sanitary Sewer from its present terminus to Huron Road is required for the development of this COUNCIL MINUTES OCTOBER 2, 2000 - 476 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL plan. It is acknowledged that these works, including design expenses, are included in the City's Development Charge By-law 99-106, as amended, and the City shall be responsible for 100% of the cost of these works. If sufficient money is not allocated from the appropriate City Development Charge Account(s) to permit the City to fund these works and the Subdivider wishes to proceed, the Subdivider agrees to provide and up- front the cost of these works. Accordingly, the City agrees to recognize any monies paid by the Subdivider for any works or services normally paid out of the City's Development Charge Account, with such monies representing a credit towards any City Development Charge payable for each lot or block only within the registered plan. Said credit shall be granted for that portion of the applicable Development Charge with respect to the engineering services required to be paid prior to the issuance of building permits for those lots or blocks identified by the Subdivider and included in a Supplementary Agreement with the City to be registered against the title of each identified lot or block. If the registration of the plan is staged, a Supplementary Agreement identifying each lot or block for which credits are payable shall be registered for each stage prior to the registration of each stage of the plan of subdivision, until there is no outstanding balance remaining. When no outstanding credit balance remains, then the Development Charges will be paid in the normal manner in accordance with the City's By-law. If, following the registration of the entire plan of subdivision and issuance of all building permits, there is any outstanding balance, it shall remain with the lands to be used as a credit for future development, or alternatively, the City shall enter into an agreement with the Subdivider, under Section 40 of the Development Charges Act, to enable the transfer of Development Charge credits to other benefiting lands within the community, subject to satisfactory arrangements being made between all parties. 69. That the subdivision shall be registered in six stages. The Subdivider agrees that the Plan of Subdivision shall be registered in accordance with the following special conditions: a) Stage 1 shall be registered first. b) Stage 2 shall be registered concurrently with or subsequent to Stage 1; c) Stage 3 shall be registered concurrently with or subsequent to Stage 2; d) Stage 4 shall be registered concurrently with or subsequent to Stage 3; e) Stage 5 shall be registered concurrently with or subsequent to Stage 4 f) Stage 6 shall be registered concurrently with or subsequent to Stage 4. 70. To dedicate, by plan registration, to the City of Kitchener, at no cost and free of encumbrances, all road widenings and public walkways upon registration of each stage of the plan of subdivision. OCTOBER 2, 2000 COUNCIL MINUTES - 477 - CITY OF KITCHENER 71. 72. 73. 74. 75. 76. REPORTS ADOPTED BY COUNCIL That construction traffic be restricted to using Huron Road between Fischer-Hallman Road and Strasburg Road and new, realigned Huron Road from Strasburg Road to Homer Watson Boulevard and prohibited from using all other internal residential streets in the community. The SUBDIVIDER agrees to advise all relevant contractors, builders and other persons of this requirement with the subdivider being responsible for any required signage, all to the satisfaction of the General Manager of Public Works.. That prior to the registration of Stage 1, the Subdivider shall register a supplementary easement in favour of Hydro One to ensure that the existing Hydro One facilities and easement rights are adequately protected. That prior to the registration of Stage 2, the Subdivider shall provide a letter to the City's General Manager of Business and Planning Services from Hydro One indicating that satisfactory arrangements have been made for the granting of any required easements and for the crossings of Banffshire Street and Newcastle Drive over the Hydro One easement. The Subdivider agrees that no sewer or water service shall be installed within 1.5 metres of the centre of a proposed submersible transformer vault or within 0.9 metres of a proposed electrical service stub and that no fire hydrant be installed within 3.0 metres of a proposed street light or hydro pole. The Subdivider shall be responsible for ensuring that these separation distances are maintained. That Stage 2 shall not be registered until a letter is received from Kitchener-Wilmot Hydro Inc. by the City's General Manager of Business and Planning Services indicating that no part of these lands is required for the construction of a transformer station. In the event Kitchener-Wilmot Hydro Inc. determines the need for part of Stage 2 for a transformer station, a modification to the plan shall be required to reflect this change. To convey to the City of Kitchener the following lands for the purposes stated therein, at no cost and free of encumbrances, concurrently with the registration of each stage of the subdivision plan: Stage (a) (b) (c) (d) One: Block 11, for park, Blocks 12 and 13 for landscaped buffer/community trail Block 14 for open space/stormwater management, Blocks 15 and 16 for 0.3 metre reserves. Stage (a) (b) (c) Two: Blocks 10, 11 for landscaped buffer/community trail Blocks 12 and 13 for open space Blocks 16 and 17 for 0.3 metre reserves Stage (a) (b) Three: Block 8, for stormwater management Blocks 9 and 10 for 0.3 metre reserves Stage (a) (b) (c) (d) Four: Blocks 14, 15 for open space Block 16 for open space/stormwater management Block 19 for a service corridor Blocks 21-24 for 0.3 metre reserves COUNCIL MINUTES OCTOBER 2, 2000 - 478 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Stage (a) (b) (c) Five: Block 6 for stormwater management Block 7 for service corridor Block 8 for a 0.3 metre reserve Stage (a) (b) (c) Six: Block 8 for park Block 9 for open space/stormwater management Block 12 for 0.3 metre reserve 77. That 0.3 metre reserves may be required to facilitate the staging of the plan and all 0.3 metre reserves shall be shown on the final plan(s) for registration. The City shall be responsible for the passing of a by-law opening said reserves as "public highway" following the registration of subsequent stages of the plan, the completion of the road works and the opening of roads to vehicular traffic, to the satisfaction of the City's General Manager of Public Works. Reserves are not required between abutting stages registered concurrently. 78. That the 5% parkland dedication shall be 2.28 hectares, which shall be satisfied by both the conveyance of Block 11 of Stage 1 ( 0.566 hectares) concurrently with the registration of Stage 1, as well as Block 8 of Stage 6 (2.132 hectares) concurrently with the registration of Stage 6, all at no cost and free of encumbrance. 79. To identify concrete transit pads at all planned transit stop locations on the engineering servicing drawings to the satisfaction of the City's General Manager of Public Works, in consultation with the Regional Municipality of Waterloo, prior to the City's release of each stage of the Plan of Subdivision for registration. The Subdivider shall be responsible for the installation of said concrete transit pads at the time of sidewalk installation within each stage of the plan of subdivision. 80. The Subdivider agrees that no building permits shall be applied for on any lot or block in the Plan until satisfactory arrangements are made with the City's Chief Building Official regarding the installation and maintenance of a direct- to-fire alarm monitoring system for each and every dwelling to be constructed within this Plan. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. Prior to occupancy of each dwelling, the Subdivider shall confirm with the Chief Building Official that such system is operational. Such system shall remain operational in perpetuity and this condition shall not be released from title unless and until the City's Solicitor is notified by the City's Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. 81. To fill, compact and grade in both a preliminary and finished form, topsoil and seed/sod Blocks 11-14 Stage 1; Block 10-13 (Stage 2); Block 8 (Stage 3); Blocks 14-16 (Stage 4); Block 6 (Stage 5); Blocks 8 and 9 (Stage 6) to the satisfaction of the General Manager of Community Services. All works required of the Subdivider by this Section shall be completed in conjunction with the timing of grading of surrounding residential development not to exceed two years from the registration of the subdivision plan or at any alternate time approved in writing by the General Manager of Community Services. 82. The Subdivider agrees to install a 1.2 metre high paige wire fence or alternative marking system along those property lines abutting Blocks 11 and14 (Stage 1); Blocks 12 and 13 (Stage 2); Block 8 (Stage 3); Blocks 14, 15 and 16 (Stage 4); Block 6 (Stage 5) and Block 8 (Stage 6) to the satisfaction of the General Manager of Community Services. OCTOBER 2, 2000 COUNCIL MINUTES - 479 - CITY OF KITCHENER 83. 84. 85. 86. 87. REPORTS ADOPTED BY COUNCIL Prior to the registration of any stage, the Subdivider agrees to submit landscaping/design drawings for the open space/trail areas on Blocks 12 and 13 and part of 14 (Stage 1) and 10, 11 (Stage 2) and to obtain approval from the City's General Manager of Community Services in consultation with the General Managers of Business and Planning Services and Public Works of such design. The design shall show the following: a) landscaping equivalent to a 4.6 metre wide landscaped strip to buffer abutting residential lots from Huron Road, together with a 1.8 metre high chain link fence, the incorporation of natural heritage feature such as stumps relocated from within the plan, and suitable trail connections to the sidewalk. b) the detailed location of the historic foundation identified in the archaeological assessment prepared by Archeaologix Inc. and design the trail and landscaping so as not to interfere with the found locations. c) appropriate locations for interpretive/historic signage marking the history of the Huron Road and of the original settlement. The approved plan shall be implemented at the cost of the developer at the same time as the construction of the sidewalk on the south side of Huron Road, as set out in Section 67. The Subdivider agrees to grant to the City, a conservation easement, to be approved by the City Solicitor, over the rear portion of Block 3 (Stage 6) and part of Block 4 (Stage 6) for a minimum distance from the rear lot lines of 11.5 metres along the south side of Glentress Crescent and a minimum of 13.5 metres along the westerly side of Glentress Crescent. The detailed location of the easement shall take into account the curvature of the road and take into consideration the data and analysis contained in the Detailed Vegetation Overview, to optimize woodland conservation. The detailed boundaries of the easement shall be particularly described on a reference plan prepared by the Subdivider at no cost to the City, to be approved by the City's General Manager of Business and Planning Services prior to the registration of Stage 6. Said plan shall be registered immediately concurrently with Stage 6 of the Subdivision Plan. That Block 7 (Stage 6) be reserved for the Public School Board . The Subdivider agrees to provide to the City's General Manager of Business and Planning Services prior to the registration of Stage 6, a letter from the Board indicating that satisfactory arrangements have been made to acquire Block 7 (Stage 6) for school purposes. The Subdivider agrees to submit a plan for the approval of the City's General Manager of Business and Planning Services, a plan showing the pairing of driveways for those lots having widths of 10.9 metres or less, or as otherwise approved by the General Manager of Business and Planning Services prior to the registration of each stage. The Subdivider agrees to construct a temporary road over Block 15 (Stage 2), Block 20 (Stage 4) and Block 11 (Stage 6) to the satisfaction of the City's General Manager of Public Works in accordance with the requirements set out in the City's Subdivision manual, at the cost of the Subdivider. The Subdivider hereby grants irrevocable licenses to the City for the lands on which the temporary access roads will be located, which the City will release when the roads are no longer required. The temporary access roads shall remain in place until a second means of access is available as determined by the City's General Manager of Public Works, COUNCIL MINUTES OCTOBER 2, 2000 - 480 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL after which the Subdivider agrees to remove them to the satisfaction of the City's General Manager of Public Works. 88. That the names of the streets within the plan shall be those shown on the Plan of Subdivision. 89. That staging and phasing be established to the satisfaction of the City's General Managers of Business and Planning Services and Public Works. Any necessary facilities such as temporary roads and temporary turning circles shall be shown on all engineering drawings, to the satisfaction of the City's General Manager of Public Works. 90. That the following clause shall be included in all Offers of Purchase and Sale agreements respecting those portions of Blocks 1, 9 and 10 (Stage 1) within 27 metres of Huron Road, and Blocks 1 and 2 (Stage 2) (lots backing onto Huron Road): "Due to its proximity to Huron Road, projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause some concern to some individuals. Moreover, this dwelling has been fitted with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants." 91. That the following clause shall be included in all Offers of Purchase and Sale Agreements respecting Block 2 (Stage 1) and Block 1 (Stage 5) (lots backing onto Strasburg Road): "Due to its proximity to Strasburg Road, projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause some concern to some individuals." 92. That the following clause shall be included in all Offers of Purchase and Sale Agreements respecting those portions of Block 6 (Stage 3) (lots within 24 metres of Strasburg Road): "Due to its proximity to Strasburg Road, projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause some concern to some individuals. Moreover, this dwelling has been fitted with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants." 93. That the City's Standard Residential Subdivision Condition 41 setting out the subdivision sign content be modified to require that all potential transit routes be shown on the sign. 94. That Deferral 2b) to the City's Municipal Plan be resolved relative to the collector road identified as Collector Road "C" in the Huron Community Plan and shown as Rockcliffe Drive in the plan subdivision, prior to the registration of any stage of the Plan. 95. That Municipal Plan Amendment MPA 00/06/S/JG be finally approved prior to the registration of any stage of the Plan. Should said amendment not be approved or be modified in any way, a modification to the plan of subdivision may be necessary in order to ensure conformity with the City's Municipal Plan. COUNCIL MINUTES OCTOBER 2, 2000 - 481 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS That the Subdivider satisfy the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning and Culture: That the owner agrees to stage the development of this subdivision in a manner satisfactory to the Regional Commissioner of Engineering. That the plan submitted for final approval may incorporate a lot pattern for all blocks in which zoning permits single detached and semi-detached lots, at a density not exceeding the density identified in the draft approval conditions. a) That the owner enter into an Agreement for Servicing with the Regional Municipality of Waterloo to preserve access to municipal water supply and municipal wastewater treatment services prior to final approval or any agreement for the installation of underground services, whichever occurs first. Where the owner has already entered into an agreement for the installation of underground servicing with the area municipality, such agreement shall be amended to provide for a Regional Agreement for Servicing prior to registration of any part of the plan. The Regional Commissioner of Engineering shall advise prior to an Agreement for Servicing that sufficient water supplies and wastewater treatment capacity is available for this plan, or the portion of the plan to be registered. b) That the owner include the following statement in all agreements of lease or purchase and sale that may be entered into pursuant to Section 52 of the Planning Act, prior to the registration of this plan: "The lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale are not yet registered as a plan of subdivision. The fulfilment of all conditions of draft plan approval, including the commitment of water supply and sewage treatment services thereto by the Region and other authorities, has not yet been completed to permit registration of the plan. Accordingly, the purchaser should be aware that the vendor is making no representation or warranty that the lot, lots, block or blocks which are the subject of this agreement or lease or purchase and sale will have all conditions of draft plan approval satisfied, including the availability of servicing, until the plan is registered." That the Subdivision agreement be registered by the City against the land to which it applies and a copy of the registered agreement forwarded to the Regional Commissioner of Planning and Culture prior to final approval of the subdivision plan. That prior to final approval, the Regional Commissioner of Engineering must be satisfied that static hydraulic pressures are sufficient to service this development and provide necessary flows under all conditions. That prior to any grading or construction, and final approval of all or any part of the draft plan of Subdivision, a consultant Archaeologist shall carry out an Archaeological Survey and Rescue Excavation of any significant archaeological remains found on the site, at the expense of the owner. To construct a temporary transit turnaround at the end of Tartan Avenue to the satisfaction of the Regional Commissioner of Planning and Culture. OCTOBER 2, 2000 COUNCIL MINUTES - 482 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL OTHER AGENCY CONDITIONS That prior to the commencement of any grading or construction on the site, and prior to registration of any stage of the plan, the owner shall submit the following plans and reports to the satisfaction and approval of the Grand River Conservation Authority: a) A detailed Stormwater Management Report and Plan in accordance with the 1994 Ministry of the Environment and Energy Report entitled "Stormwater Management Practises Planning and Design Manual" and in keeping with the Stormwater Management Concept as outlined in the Huron Road Environmental Implementation Report, North Draft Plan, Volume I and II dated May, 1999 prepared by Stantech Consulting Ltd. b) A Lot Grading Plan showing conceptual grading and drainage system including the limits of all grading and drainage as well as existing and proposed grades. c) An Erosion and Siltation Control Brief and Plan(s) in accordance with the Grand River Conservation Authority's Guidelines for sediment and erosion control, indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction. d) An application for Fill, Construction and Alteration to Waterways Permit pursuant to Ontario Regulation 149 as amended by 69/93 and 669/94 and 142/98 for the Huron Road culvert upgrade, stream crossings by the internal roads, construction of the on-line stormwater management facility and for the servicing crossing of Strasburg Creek. CLEARANCE CONDITIONS That prior to the signing of the final plan, the City's General Manager of Business and Planning Services is to be advised that Conditions 3.1-3.7 have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region to the City shall include a brief statement detailing how each condition has been satisfied. That prior to the signing of the final plan, the City's General Manager of Business and Planning Services is to be advised that Condition 4.1 has been carried out to the satisfaction of the Grand River Conservation Authority. The clearance letter from the Grand River Conservation Authority to the City shall include a brief statement detailing how the condition has been satisfied NOTES The owner/developer is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality of Waterloo adopted in accordance with the Development Charges Act (Bill 98) apply to this draft approval. The final plans for registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Planning Departments of any changes in ownership, agent, address and phone number. COUNCIL MINUTES OCTOBER 2, 2000 - 483 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Most of the Regional Municipality of Waterloo conditions can be satisfied through an agreement. The onus is on the owner to contact Regional staff in writing to request the preparation of such an agreement. A copy of a reference plan showing the lands to be registered that are affected by the agreement and the conditions to be covered by the agreement should be provided. The fees for the preparation and registration of this agreement, payable to the Regional Municipality of Waterloo, are currently $375.00 and $50.00 respectively. The owner/developer is advised that the Regional Municipality of Waterloo has adopted By-law 96-025, pursuant to Section 69 of the Planning Act, R.S.O. 1990, c. P.13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. The proposed water distribution system meets the definition of a "water works" as defined in the Ontario Water Resources Act prior to the construction of the proposed water supply system. The proponent must ensure that the application for approval of water works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. The proposed stormwater management system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed stormwater management system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. The proposed sanitary sewage collection system meets the definition of a "sewage works' as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under section 53 of the Ontario Water Resources Act prior to the construction of the proposed sanitary sewage collection system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 1996, c.4 (Bill 20). 10. The owner/developer is advised that draft approval is not a commitment by the Regional Municipality of Waterloo to water and wastewater servicing capacity. To secure this commitment the owner/developer must enter into an "Agreement for Servicing" with the Regional Municipality of Waterloo by requesting that the Region's Planning and Culture Department initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of Engineering to service the density as defined by the plan to be registered, the owner/developer will be offered an "Agreement for Servicing". This agreement will be time limited, define the servicing commitment by density and use. Should the "Agreement for Servicing" expire prior to plan registration, a new agreement will be required. The owner/developer is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered along with the written request for a servicing agreement. 11. To ensure that a Regional Release is issued by the Regional Commissioner of Planning and Culture to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have COUNCIL MINUTES OCTOBER 2, 2000 - 484 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered , and any other required information or approvals have been deposited with the Regional Planner responsible for the file, no later than December 15th. Regional staff can not ensure that a Regional Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. 12. When the survey has been completed and the final plan prepared, to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance from the City of Kitchener and applicable clearance agencies that the necessary arrangements have been made, the City's General Manager of Business and Planning Services will endorse the plan and it will be forwarded to the Registry Office for registration. The following is required for registration and under The Registry Act and for our use: One (1) original mylar Four (4) mylar copies Four (4) white paper prints (Dealt with under Delegations and Carried, as Amended) That Kitchener City Council reaffirm and reiterate their request to Regional Council to defer adoption of an amendment (or part thereof) to establish policies in the Regional Official Policies Plan which restrict existing non-residential land uses in existing non-residential identified areas having sensitive groundwater resources, until time as implementation strategies have been considered in more detail. (Dealt with under Delegations and action deferred and referred for consideration at the October 23, 2000 Council meeting) That Council provide approval, in principal, to pursue a Kitchener-Waterloo and Area film and television partnership with the municipalities within Waterloo Region and that Council direct staff to draft the necessary policy, procedure and amendments to any by-laws to make Kitchener a more film-friendly jurisdiction for the film industry, and that these draft by-law amendments be presented to Council under a separate report for Council's consideration at a later date. (Dealt with under Delegations and Carried) COMMUNITY SERVICES COMMITTEE - That subject to signing a letter of permission satisfactory to the City Solicitor, the Waterloo Knights of Columbus be permitted to occupy the truck bay portion of Fire Station # 2 from October 2, 2000 to December 23, 2000, at no cost, to carry out work associated with the 4th Annual New Toys for Needy Kids Drive. That we approve the request of Kitchener Fastball Promotions for a grant in the amount of $2,000. to assist with hosting the 2000 Softball Canada Congress and Annual General Meeting in Kitchener from November 9-11, 2000. 3. That the following be referred to the 2001 Capital Budget discussions: a) That $2.6M (plus possible land costs) be budgeted in 2001/2002 for the construction of a new community centre in the Stanley Park/Grand River area; with the location, to be determined by staff, to be centrally located within the six planning communities in that area; and, COUNCIL MINUTES OCTOBER 2, 2000 - 485 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 3. (Cont'd) a) (Cont'd) That $150,000. (plus possible land costs) of this allocation be budgeted in 2001 to begin the design phase; and further That the remaining $2.45M be budgeted in 2002 for the construction of the new community centre. b) That $95,000. be budgeted in 2001 for a portable structure to be added at the Chandler Mowat Community Centre. c) That $135,000. be budgeted in 2001 for a portable structure to be located in the Kingsdale area, with a review of future needs in that area to take place in three years. d) That $10,000. be budgeted in 2001 to provide storage space for Victoria Hills Community Centre. e) That $2M be budgeted in 2005 for a new community centre to be constructed in the Chandler Mowat area. f) That the current funding of $347,000. identified in 2005 for an addition at Victoria Hills Community Centre be increased to $865,000. g) That the current funding of $354,000. identified in 2008 for an addition at Doon Pioneer Park Community Centre be increased to $700,000. h) That the current funding of $2.4M identified in 2009 for a new community centre be increased to $4.5M plus possible land costs; and further, That this funding be considered for a community centre to be located in the Wilson Park area of the Kingsdale neighbourhood, subject to further evaluation over the next 3-5 years. (Dealt with under Delegations and Carried) That Franklin Public School be awarded a one time community playground grant of $750. in 2000 toward the construction of a new creative playground within the school campus. That the Mayor and Clerk be authorized to execute an amending agreement between the City of Kitchener and the Forest Hill T-Ball Association Inc. to change the repayment date for the interest free loan in Section 3 (b) of the existing agreement, to on or before May 1 rather than November 1. That Council approve the 2000-2001 ice Iogos for the Civic Square Rink as outlined in staff report CSD-00-076. 7. That the renovation project for the Bridgeport Community Centre commence in December 2000. That increases to the Tree Maintenance budget be considered during the 2001 Operating Budget deliberations; with the increases to be used to reduce the pruning cycle of actively growing street trees within the City of Kitchener. COUNCIL MINUTES OCTOBER 2, 2000 - 486 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - That the request of Mr. Antonio Ferreira for an exemption to Municipal Code Chapter 586 (Refreshment Vehicles) to permit him to locate a chip wagon at 3328 King Street be deferred and referred to the Council meeting of October 2, 2000, pending a staff report outlining any concerns the Region of Waterloo may have with this location relative to improvements on King Street East south of Fairway Road and on River Road. (Motion redundant and not considered as the matter was dealt with under Delegations) That the request of Hoang Nguyen for an exemption to Municipal Code Chapter 586 (Refreshment Vehicles) to permit him to locate a chip wagon at 471 King Street East be deferred and referred to the Council meeting of October 2, 2000, pending the outcome of discussions between the Ward Councillor and the owner of Coffee Time Donuts, 450 King Street East. (Motion redundant and not considered as the matter was dealt with under Delegations) That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the property owner and the tenant of 355 Riverbend Drive to permit access across City-owned land located immediately behind 355 Riverbend Drive and east of the Conestoga Expressway and to permit the installation and maintenance of a chain-link fence and gate to the east of the Region's Pumping Station on a portion of the said City land. That Council reaffirm its June 5, 2000 decision refusing the application of Mr. Sava Cupic, 939 Strasburg Road, Kitchener, for an exemption from Municipal Code Chapter 408 (Animals - Regulation); and, That Council refuse the application, dated July 17, 2000, of Mr. Sava Cupic, 939 Strasburg Road, Kitchener, for an exemption from Municipal Code Chapter 408 (Animals - Regulation); and, That the applicant shall remove the pigeons and the existing pigeon coop structure at 939 Strasburg Road not later than October 9, 2000; and further, That Council pass a by-law at its October 2, 2000 meeting authorizing the removal of the pigeons and existing pigeon coop structure from 939 Strasburg Road, at the property owner's expense, if Mr. Sava Cupic and/or the property owner have not done so by October 9, 2000. (Dealt with under Delegations and Carried) That Council approve the Health and Safety Objectives contained in staff report CRPS-00-054; and, That Council Policy 11-140- "Safety" be re-titled "Health and Safety" and be revised as contained in staff report CRPS-00-054; and further, That the staff complement of the Human Resources Division be increased by hiring an additional Health and Safety Specialist. That Council approve an extension to December 18, 2000 for submission of a final comprehensive report regarding 'Opportunities 2000'. That Council approve the request of Bethany Evangelical Missionary Church, 160 Lancaster Street East, for an exemption to Municipal Code Chapter 450 (Noise) to allow them to operate a public address system for their 5th Annual Christmas Pageant to take place in their parking lot on December 6, 7, 8 and 9, 2000. OCTOBER 2, 2000 COUNCIL MINUTES - 487 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) That left turns be prohibited for northbound Mount Hope Street at King Street West from October 15 to November 30, 2000; and further, That parking be prohibited on the west side of Mount Hope Street from a point 23 meters south of King Street to a point 87 meters south of King Street, from 8:00 a.m to 6:00 p.m., Monday to Friday, from October 15 to November 30, 2000. OCTOBER 2, 2000 COUNCIL MINUTES - 488 - CITY OF KITCHENER A= B= COMMITTEE OF THE WHOLE BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Licences i) Permanent Vendor Licence It was resolved: "That Bell's Discount Centre Ltd. (John Gamble Bell) be granted a Permanent Vendor Licence for the year 2000 in respect to a business to be operated at 144 Sheldon Avenue North, Kitchener, under the name 'Corner Mini-Mart'." 2. Execution of Enqineerinq A.qreement 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 Dillon Consulting Limited, regarding the Ottawa, Manchester, Montgomery Trunk Sanitary System Study." 3. Permission to Sell Raffle Tickets Council was in receipt of Corporate Services Department reports CRPS-00-070 and CRPS-00-071 (J. Koppeser), both dated September 18, 2000 recommending approval of requests by the Alzheimer Society of Ontario and the Air Cadet League of Ontario to sell raffle tickets in the City of Kitchener. It was resolved: "That the City of Kitchener has no objection to the Alzheimer Society of Ontario, 1200 Bay Street, Suite 202, Toronto, Ontario, M5R 2A5, being granted permission to sell tickets in the City of Kitchener for raffle draws to be held on December 5, 18, 19, 2000, said draws to be held at the Toronto offices of KPMG, 200 Consumers Rd., Willowdale, Ontario." - and - "That the City of Kitchener has no objection to The Air Cadet League of Canada, Ontario Provincial Committee, 4900 Yonge Street, Suite 600, North York, Ontario, M2N 6B7, being granted permission to sell tickets in the City of Kitchener for a raffle draw to be held on April 27, 2001, said draw to be held at the above address." 4. Uncollectable Business Taxes Council was in receipt of Finance Department report FIN-00-017 (P. Houston/O. den Ouden), dated September 20, 2000 containing a list of property roll numbers with uncollectable business taxes. It was resolved: "That the Revenue Division be authorized to write off uncollectable business taxes of $87,731.30 as set out in the 'Uncollectable Business Taxes' listing, dated September 14, 2000, and appended to Finance Department staff report FIN-00-017." COUNCIL MINUTES OCTOBER 2, 2000 - 489 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 5. Canadian Imperial Bank of Commerce - Siqnin.q Authorities Council was in receipt of Finance Department report FIN-00-019 (P. Houston/G. Luciantonio), dated September 21, 2000, recommending approval of signing authorities. It was resolved: "That Council approve the signing authorities for the City's Canadian Imperial Bank of Commerce accounts as outlined in Schedule 'A', of Finance Department report FIN-00- 019 (P. Houston/G. Luciantonio) and dated September 21,2000." 6. Municipal Leaders' Statement on Climate Chanqe Council was in receipt of a letter and draft resolution from the Federation of Canadian Municipalities (John V. Hachey), dated September 14, 2000, requesting endorsement of a municipal leaders' resolution on climate change. It was resolved: "WHEREAS 1990 to 1999 was the warmest decade of the millennium; AND WHEREAS a global reduction in emissions of greenhouse gases (GHG) is necessary to slow climate change and reduce the risks to human health, the physical environment, economy and quality of life; AND WHEREAS the 1998 ice storm cost the City of Montreal $116 million; Baie Comeau more than $2.5 million, and the Regional Municipality of Ottawa-Carleton $6.32 million, while the Red River flood cost Winnipeg $32.3 million; AND WHEREAS these weather-related expenses are creating an additional financial burden for municipalities at a time when responsibilities are increasing as a result of devolution; AND WHEREAS reducing greenhouse gases makes good economic sense, and new and improved infrastructure, energy efficiency, building retrofits, water conservation, more effective wastewater treatment and distribution, renewable energy technologies, waste reduction, better fleet management, etc., reduce municipal operating costs and help maintain community services while having a positive impact on the environment; AND WHEREAS industrialized countries, realizing initial commitments were inadequate to protect the Earth's climate system, agreed in December 1997 to the Kyoto Protocol which, if ratified, commits Canada to reducing its greenhouse gas emissions six percent below 1990 levels between 2008-2012; AND WHEREAS in November, national governments will meet in The Hague, Netherlands, to negotiate terms and conditions for ratifying the Kyoto Protocol where it is critical that Canada have the support it needs to conclude negotiations; AND WHEREAS mayors and municipal leaders responsible for the well being of communities across Canada urge federal and provincial/territorial governments to make climate protection a priority; BE IT RESOLVED THAT Kitchener City Council endorses the above municipal leaders' resolution on climate change." COUNCIL MINUTES OCTOBER 2, 2000 - 490 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 7. Ratification of Licensinq A.qreement Council was in receipt of Legal Department report LEG-00-043 (A. Menon), dated September 22, 2000. It was resolved: "That Council ratify and confirm Chief Administrative Officer John Gazzola's authority to sign the Licensing Agreement dated September 19, 2000, for the use of several City properties for filming of the movie 'In Camera'." 8. Revisions to Chapter 530 (DoRs) - Desiqnation Appeal Period Council was in receipt this date of a draft by-law to amend Chapter 530 as it relates to when a hearing must be held in response to an appeal of a dog designation. It was resolved: "That Chapter 530 (Dogs) of the Municipal Code be amended to increase the number of days within which a hearing must be held following receipt of a dog designation appeal from 15 to 30 working days; and further, That the amending by-law, as appended to Legal Department report LEG-00-056 (A. Menon), dated September 22, 2000, be taken as read a first and second time and be recommended for enactment this date." 9. Country Hills Community Library/Development Charqe Reserve Fund Council was in receipt of Chief Administrator's report CAO-00-006 (J. Gazzola), dated September 28, 2000. It was resolved: "That consideration of the staff recommendation concerning the Country Hills Community Library project and the Development Charge Reserve Fund be deferred and referred to the October 16, 2000, Finance and Administration Committee meeting, and subsequently to the special Council meeting of that date, to allow the Kitchener Public Library Board an opportunity to comment." 10. Civic Celebration Licences Council was in receipt this date of Corporate Services Department reports CRPS-00- 076 and CRPS-00-079 (J. Koppeser), dated September 29 and October 2, 2000. It was resolved: "That M & M Meat Shops be permitted to operate in Civic Square during the Oktoberfest Community Celebration ceremonies on October 14, 2000, provided the necessary licence, as well as Health and Fire approvals are obtained." - and - "That Grain Harvest Breadhouse and Dominos Pizza be permitted to operate in the Civic Square during the Oktoberfest opening ceremonies on October 6, 2000, provided that the necessary licence, as well as Health and Fire approvals are obtained." OCTOBER 2, 2000 COUNCIL MINUTES - 491 - CITY OF KITCHENER B= COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 11. Special Event Licences Council was in receipt this date of Corporate Services Department report CRPS-00-078 (J. Koppeser), dated October 2, 2000. It was resolved: "That the Germany Pioneer's Day and all related activities, to be held at the Kitchener City Hall Rotunda and Civic Square, October 10, 2000 be declared a "Special Event" in the City of Kitchener; and further, That the following vendors be permitted to sell food and refreshments as part of this Special Event provided the necessary licence, as well as Health and Fire approvals are obtained: Cloverleaf Farms German Canadian Congress/German Canadian Business Association." 12. Encroachment Request - Grand River Hospital Council was in receipt this date of Legal Department report LEG-00-059 (L. MacDonald), dated September 28, 2000, recommending execution of an Encroachment Agreement with respect to parking. It was resolved: "That the Mayor and Clerk be authorized to execute an encroachment agreement with the registered owner of the property municipally known as 835 King Street West, the Grand River Hospital, to legalize existing parking spaces as they encroach .7 metre, more or less, at the greatest point, into the Mt. Hope Street road allowance; 2.4 metres, more or less, at the greatest point, into the Park Street road allowance and one space located at the corner of Mt. Hope Street and Park Street that encroaches 4.3 metres, more or less, into the said road allowances." 13. Raffle Request - Victorian Order of Nurses (Waterloo-Wellinqton-Dufferin Branch) Council was in receipt this date of Corporate Services Department report CRPS-00-077 (J. Koppeser), dated September 29, 2000. It was resolved: "That the City of Kitchener has no objection to a Municipal Lottery Licence being issued to the Victorian Order of Nurses Waterloo-Wellington-Dufferin Branch to hold a Raffle at 38 Mount Hope St., Kitchener on December 14, 2000." 14. Liquor Licence Application - Three Little Piq.qys (8 Moyer Place) Council was in receipt of Business and Planning Services Department report BPS-00- 134 (T. Fox/J. Koppeser/N. Schmidt), dated September 29, 2000, recommending that Council take no action to oppose the application. It was resolved: "That Council take no action to oppose the application for a liquor licence for Three Little Piggys, 8 Moyer Place." Mayor C. Zehr inquired as to the feasibility of delegating authority to staff to determine whether it is appropriate to oppose an application Steven's Market Bistro and Wine Bar, also on Moyer Place. Mayor Zehr clarified that the intent would be that staff respond on COUNCIL MINUTES OCTOBER 2, 2000 - 492 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 14. Liquor Licence Application - Three Little Pi.q.qys (8 Moyer Place) - (Cont'd) Council's behalf if the establishment meets all of the municipal criteria, so as not to delay the processing of the application. Councillor J. Ziegler suggested that Council should review the application, and if necessary a special meeting could be convened in this regard. It was generally agreed that if required, a special meeting of Council would be convened as noon on Friday, October 6, 2000 to deal with this application. 15. Tender T00-082 - Lower Laurel Creek Erosion Control & Slope Stabilization Works Council was in receipt this date of a memorandum from L. Gordon, Manager of Purchasing, dated September 29, 2000, recommending awarding of the tender to Drexler Construction Limited. It was resolved: "That Tender T00-082, Lower Laurel Creek Erosion Control & Slope Stabilization Works, be awarded to Drexler Construction Limited, Rockwood, Ontario at their corrected tendered price of $858,443.13, including G.S.T."