HomeMy WebLinkAboutCouncil Minutes - 2000-08-28COUNCIL MINUTES
AUGUST 28, 2000
CITY OF KITCHENER
The Council of the City of Kitchener met this date with all members present except Councillor Jean
Haalboom.
The meeting began with the singing of "O Canada" by Miss Kaitlyn McQuaid of the King School of
Vocal. Mayor C. Zehr extended Council's appreciation to Miss McQuaid for presenting her rendition
of the National Anthem.
On motion by Councillor John Smola, the minutes of the regular meeting held July 4, 2000 and
special meetings held July 4 and 31, 2000, as mailed to the Mayor and Councillors, were accepted.
COMMUNICATIONS REFERRED DIRECTLY TO FILE-
(1)
Correspondence dated June 6, 2000, from Hon. Tony Clement, Minister of Municipal Affairs &
Housing, acknowledging receipt of Council's resolution requesting an improved compensation
formula to better reflect the costs incurred by municipalities due to the delayed implementation
of Bill 79.
(2)
Correspondence dated July 14, 2000, from Hon. Elizabeth Witmer, Minister of Health,
acknowledging receipt of Council's resolution regarding loss of profits by the charitable bingo
industry.
(3)
Correspondence dated August 10, 2000, from Hon. Chris Hodgson, Chair, Management Board
of Cabinet, acknowledging receipt of Council's resolution regarding loss of profits by the
charitable bingo industry.
(4)
Correspondence dated July 26, 2000, from P. Temple, Senior Vice-President - Corporate
Development, Pelmorex Communications Inc., offering thanks for Council's support of their
CRTC application for an "All Channel Alert" system.
COMMUNICATIONS REFERRED TO COMMITTEE OF THE WHOLE -
(1) Letter dated August 23, 2000, from G. Sosnoski, City Clerk, relative to applications for
cancellation, refund, reduction or levy of taxes.
Mr. L. Gordon, Manager of Purchasing, appeared as a delegation with respect to the tenders listed on
the Committee of the Whole agenda and responded to several questions of clarification. Councillor
Galloway questioned the contract for Street Light Cleaning and Group Relamping and Mr. Gordon
advised that the City's contract would be with Kitchener-Wilmot Hydro through whom all billing would
be undertaken even though Hydro intends to subcontract to Langley Utilities. In response to
Councillor Jake Smola, Fire Chief B. Kuntz advised that construction of Fire Station #3 (Tender 00-
036) had already begun with completion expected in February or March of 2001.
Moved by Councillor J. Ziegler
Seconded by Councillor G. Lorentz
"That Tender T00-004, Slurry Seal Resurfacing, be awarded to Miller Paving Limited,
Markham, Ontario at their tendered price of $96,728., including GST."
- and -
"That Tender T00-013, Bridgeport North Wastewater Pumping Station, be awarded to Sierra
Construction (Woodstock) Limited, Woodstock, Ontario at their tendered price of
$861,713.80, including G.S.T. and a contingency allowance of $54,340."
- and -
"That Tender T00-015, Mansion Street Reconstruction (Edna Street to Filbert Street), be
awarded to 969774 Ontario Limited (operating as Elgin Construction), St. Thomas,
Ontario at their tendered price of $634,932.07, including G.S.T. and a contingency of
$41,664."
- and -
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"That Tender T00-036, Fire Station #3 - Ottawa Street and River Road, be awarded to CRD
Construction Ltd., Guelph, Ontario at their tendered price of $1,178,723., including G.S.T.,
less $157,183., for the masonry portion of the contract; and further,
That the City award the masonry portion of the contract to G & A Masonry Ltd, Breslau,
Ontario at their tendered price of $157,183., including G.S.T."
- and -
"That Tender T00-050, Trenchless Rehabilitation of Gravity Sewers, be awarded to Uniflo
Corporation, Hamilton, Ontario at their adjusted tendered price of $378,573.36, including
G.S.T. and a provisional contingency of $15,000."
- and -
"That Tender T00-051, 4 Wheel Regenerative Air Street Sweeper with a 6.42 Cubic Metre (8.4
Cubic Yd.) Rear Dump Debris Hopper, be awarded to Joe Johnson Equipment, Barrie,
Ontario at their tendered price of $150,977., catch basin cleaner at $4,300., turbo pre cleaner
at $625., plus G.S.T. and P.S.T., and that a second unit scheduled for replacement in 2001 be
ordered at the same price."
- and -
"That Tender T00-054, Huron Road Construction (Trillium Drive to Strasburg Road), be
awarded to 969774 Ontario Limited (operating as Elgin Construction), St. Thomas,
Ontario, at their corrected tendered price of $3,055,669.14, including G.S.T."
- and -
"That Tender T00-057, River Road Pedestrian Bridge Structure Replacement and Concrete
Repairs, be awarded as follows: Sections A-l, B-2, C-11, C-12 and D-2 to Eagle Bridge Inc.,
Kitchener at their unit cost of $51,557.95, and Sections A-2, C, D-3 and D-4 to Engineered
Concrete Ltd., Kitchener, at their tendered price of $43,285.78, including G.S.T."
- and -
"That Tender T00-062, College Street Reconstruction (Duke Street to Ahrens Street), be
awarded to 969774 Ontario Ltd., (operating as Elgin Construction). St. Thomas, Ontario
at their reduced tendered price of $440,927.67, including G.S.T. and a contingency of
$28,313.38."
- and -
"That Tender T00-070, Gas Pipeline Construction, be awarded to BFC Utilities,
Scarborough, Ontario, at their tendered price of $1,904,224.68, including G.S.T."
- and -
"That Tender T00-073, Sun Network Server, be awarded to Arqana Technologies Inc.,
Mississauga, Ontario at their tendered price of $103,040.67, plus G.S.T. and P.S.T."
- and -
"That Quotation Q00-134, Pre-Engineered Pedestrian Bridge - Kilkerran Crescent, be
awarded to EBS Engineering and Construction Limited, Breslau, Ontario at their adjusted
quoted price of $45,983.25, including G.S.T. and P.S.T."
- and -
"That Tender T00-018, Slope Mower, be awarded to G.C. Duke Equipment Ltd., Burlington,
Ontario at their tendered price of $59,750., plus G.S.T. and P.S.T."
- and -
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"That Tender T00-059, Asphalt Reclaimer, be awarded to AMACO Equipment, Mississauga,
Ontario at their tendered price of $93,627., plus optional 100 Amp 24V Alternator at $1,000.,
G.S.T. and P.S.T."
- and -
"That Expression of Interest E00-074, Consultant Services - Architect - Forest Heights Pool
Addition, be awarded to The Ventin Group Ltd., Architects, Cambridge, Ontario at their
estimated fee of $99,522., including G.S.T., based on a satisfactory contract being negotiated
and an upset fee being established; and further,
That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City
Solicitor."
- and -
"That Tender T00-079, Fleet Vehicles (10,000 lb.) G.V.W. Cabs and Chassis be awarded as
follows:
Item 1 - One (1) 10,000 lb. G.V.W. all wheel drive dual rear wheel conventional cab and
chassis, complete to specification CKF-293 to Parkway Ford Sales (1996) Ltd.,
Waterloo, at their tendered price of $26,792., plus G.S.T. and P.S.T.
Item 2 - Two (2) 10,000 lb. G.V.W. dual rear wheel crew cabs and chassis complete
with factory built vehicle, dedicated to natural gas, complete to specification CKF-242 to
Steve Scherer Pontiac Buick GMC Ltd., Kitchener at their tendered price of
$54,492., plus G.S.T. and P.S.T."
- and -
"That Council award a contract to Kitchener-Wilmot Hydro for Streetlight Cleaning and Group
Relamping at an estimated cost of $124,151 ."
- and -
"That Tender T00-072, Renovations and Addition to Registry Theatre, be awarded to Sona
Construction Limited, Hamilton, Ontario at their adjusted tender price of $345,019.,
including G.S.T.; and further,
That a separate award be made to George and Asmussen Limited, Breslau, Ontario at their
price of $33,672., including G.S.T. for the masonry portion of the contract."
Carried.
The following delegations appeared in support of recommendations listed under item B.9 of the
Committee of the Whole agenda pertaining to various applications dealt with by the Committee of
Adjustment:
· Mr. Peter Kalbfleisch - FN 2000-008 - Jill Barber (31 Windrush Trail);
· Mr. Tony Krimmer, Coldwell Banker Peter Benninger Realty - SG 2000-004 - 879115 Ontario
Limited (508 Riverbend Drive);
· Mr. Joel Wright - FN 2000-007 - Joel & Lisa Wright (66 Medford Street);
· Mr. John Jefferson, Neon Products - SG 2000-007 - Radisson Hotel (2960 King Street East);
· Mr. Harry Swartz - SG 2000-006 - Mennonite Central Committee (335 Lancaster Street West);
· Mr. Dan Valin - FN 2000-004 - Dan Valin (36 Montrose Avenue).
Moved by Councillor T. Galloway
Seconded by Councillor C. Weylie
"That Council ratify and confirm the August 15, 2000 decision of the Committee of Adjustment
recommending approval of Submission No. FN 2000-008 - Jill Barber (31 Windrush Trail)."
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- and -
"That Council ratify and confirm the July 18, 2000 decision of the Committee of Adjustment
recommending approval of Submission No. SG 2000-004 - 879115 Ontario Limited (508
Riverbend Drive)."
- and -
"That Council ratify and confirm the August 15, 2000 decision of the Committee of Adjustment
recommending approval of Submission No. FN 2000-007 - Joel & Lisa Wright (66 Medford
Street)."
- and -
"That Council ratify and confirm the August 15, 2000 decision of the Committee of Adjustment
recommending approval of Submission No. SG 2000-007 - Radisson Hotel (2960 King Street
East)."
- and -
"That Council ratify and confirm the August 15, 2000 decision of the Committee of Adjustment
recommending approval of Submission No. SG 2000-006 - Mennonite Central Committee (335
Lancaster Street West)."
- and -
"That Council ratify and confirm the July 18, 2000 decision of the Committee of Adjustment
recommending approval of Submission No. FN 2000-004 - Dan Valin (36 Montrose Avenue)."
Carried.
Mr. Don Bourgeois appeared as a delegation in support of Clause 2 of the Finance and
Administration Committee report dealing with an amendment to the terms of the Community Loan for
J.M. Drama.
Moved by Councillor J. Ziegler
Seconded by Councillor K. Taylor-Harrison
"That Clause 2 of the Finance and Administration Committee report of this date be adopted."
Carried.
Council was in receipt of Business and Planning Services staff report BPS-00-111 dated August 24,
2000, being an addendum to staff report BPS-00-090, pertaining to Clause 3 of the Planning and
Economic Development Committee report of this date. The addendum report requests revisions as
follows to the wording of the recommendations contained in Clause 3.C and requests adoption of a
revised proposed by-law dated August 23, 2000 attached to the staff report and in reference to
Clause 3.B of the Committee report:
· subsection (i) of the City Standard Form Residential Subdivision Agreement Condition 41 is
revised by adding the phrase "and potential and planned transit routes and bus stop locations";
· Condition 53 is revised by adding the following paragraph to the end of the condition:
"Further, any necessary facilities such as temporary turning circles to accommodate proper
staging and phasing shall be shown on all engineering drawings, to the satisfaction of the
City's General Manager of Public Works."
· a new Condition 82 be added as follows:
"The Subdivider agrees, in the event a new City policy is approved by Council regarding the
timely provision of above ground services, and in particular street trees, prior to registration of
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the plan of subdivision, the Subdivider agrees to include such provisions through modification
of his conditions of approval, prior to registration of the plan."
· replacement of "Proposed Zoning By-law" dated July 19, 2000 as included in Planning staff report
BPS 00-090, with "Proposed Zoning By-law" dated August 23, 2000.
Mr. Bruce Wilson and Mr. Ernie Weinhardt appeared as a delegation in support of Clause 3 of the
Planning and Economic Development Committee report and Mr. Wilson advised that they were in
attendance to ensure that the proposed revisions of staff were addressed by City Council.
Mr. Paul Britton, MHBC Planning Limited, was also in attendance in support of Clause 3 on behalf of
Activa Holdings Inc. to answer any questions. He advised that the issue of the road alignment raised
at Committee has been addressed in consultation with Bruce Wilson and staff.
Councillor C. Weylie further advised that Clause 3.C.1 of the Committee report should be revised by
inserting the number "163" as the maximum number of units for Stage One; inserting the number "48"
as the maximum number of units for Stage Five; and by deleting the phrase "Blocks 4, 5-
Townhouses" from Stage Five to reflect changes agreed to at the August 21, 2000 Committee
meeting.
Moved by Councillor C. Weylie
Seconded by Councillor M. Yantzi
"That Clause 3 of the Planning and Economic Development Committee report be amended to
provide in section B for approval of a revised by-law dated August 23, 2000; and in section C(1)
for insertion of 163 and 48 maximum units in Stages 1 and 5 respectively and for deletion of
reference to 'Blocks 4, 5-Townhouses' in Stage 5; and in section C(2) for inclusion of revisions to
Conditions 41 and 53 and addition of a new Condition 82; and that Clause 3, as amended, be
adopted."
Carried.
Mr. Paul Dietrich, together with Mr. Aaron Klassen, appeared as a delegation on behalf of Vace
Investments Inc., with respect to Clause 11 of the Planning and Economic Development Committee
report dealing with implementation of a second means of access to the Hidden Valley Community and
the lifting of the 15 building permit cap on the Bridle Path Estates subdivision. In this regard, Council
was in receipt of staff report BPS-00-115 dated August 25, 2000, being an addendum to staff report
BPS-00-103, outlining revisions to recommendations 3.1 and 3.2 of the original staff report.
Mr. Dietrich advised that he was generally in agreement with the revised wording of
recommendations 3.1 and 3.2; however, pointed out that he had concern with the word "all" in the first
line of recommendation 3.2.
opinion that the lifting of the
receiving a Letter of Credit in
undertake construction of the
interpreted such that the road
Mr. Dietrich stated that his client, Vace Investments Inc., was of the
building permit cap would be undertaken immediately upon the City
the amount of $620,000, whereupon, it would be up to the City to then
Wabanaki Drive extension. He had concern that the wording may be
would be required to be completed prior to the building cap being lifted.
Councillor J. Ziegler pointed out that the intent of recommendation 3.2 is to provide that the cap be
immediately lifted. However, he suggested that subsection b) of recommendation 3.2 be revised to
clarify that the 15 building permit cap would be lifted immediately upon the City receiving the Letter of
Credit.
Mr. lan MacLellan appeared as a delegation with respect to the Bridle Path Estates subdivision, to
advise that his company is in discussion with Vace Investments Inc. to incorporate the use of solar
energy within the homes to be built and expressed his support for the proposed development.
Mr. and Mrs. Syd Townsend also appeared with respect to the Bridle Path Estates subdivision and
requested postponement of discussion with respect to this issue until such time as all residents of the
area have been notified of the recommendation to lift the building permit cap. Mrs. Townsend stated
that only residents who had attended the public meeting on August 21 received a copy of the
addendum staff report, BPS-00-115, and there were many other residents unaware of the proposed
revisions who have expressed concerns similar to hers. Mrs. Townsend further related concerns with
respect to the proposed second means of access being for emergency use only, noting that the
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access is to be gated and locked, and suggested that this access should be open to all area
residents. She voiced the opinion that the subdivision will generate additional traffic having the
potential to increase collisions at the railway crossing. She also suggested that future purchasers
should have notice of the limited emergency access on their property deeds.
Mayor C. Zehr clarified that the second means of access would not be entirely for the use of
emergency vehicles. Where an emergency exists, the barricades would be removed for access by
area residents to evacuate, if necessary.
Councillor J. Ziegler advised that formal notification had been undertaken with respect to the public
meeting held on August 21, 2000 and no further notification was required. Those who expressed an
interest in this matter by attending the August 21st meeting were hand delivered a copy of the
addendum staff report, to keep them informed of the proposed revisions. Councillor Ziegler
expressed support for the development, noting that a recent derailment brought to the forefront the
need for an emergency access. He pointed out that the developer is willing to pay more than what
was originally planned to provide a proper rail crossing and will result in less cost to the City to
construct the Wabanaki Drive extension as the emergency access will be built to the design and
construction specifications of the planned extension. When the extension is fully completed,
Councillor Ziegler advised that the road would be opened for public access which could be as early
as 2001 and no later than 2002.
Moved by Councillor C. Weylie
Seconded by Councillor M. Yantzi
"That Clause 11 of the Planning and Economic Development Committee report dealing with
the Wabanaki Drive extension within the Hidden Valley Community be withdrawn and replaced
with the following:
a)
recommendations 1) and 2) from staff report BPS-00-115 subject to revision of
recommendation 2 b) to provide that the 15 building permit cap be immediately lifted
upon receipt by the City of a Letter of Credit from Vace Investments Inc. in the amount
of $620,000.; and,
b) recommendations 3) and 4) from staff report BPS-00-103."
Several members of Council expressed support for Councillor C. Weylie's motion. In response to
questioning, Mr. B. Stanley advised that the remaining leg beyond the proposed emergency access
would not be up to acceptable road standards and should not be open for public use at this time. Mr.
E. Kovacs further pointed out that if the access road were opened to the public the remaining leg
would rapidly deteriorate, especially in view of the industrial traffic in the area.
Clause 11 of the Planning and Economic Development Committee report was then put to a vote and
Carried.
Mr. Fred Kindal was in attendance to answer any questions with respect to Clause 1 of the Planning
and Economic Development Committee report, dealing with an Offer to Purchase from Huron Model
and Gauge Inc. for Part 2, Reference Plan 58R-11715.
Moved by Councillor C. Weylie
Seconded by Councillor M. Yantzi
"That Clause 1 of the Planning and Economic Development Committee report be adopted."
Carried.
Mr. Bruce Meyer, owner of 65 Inwood Crescent, appeared as a delegation in support of Clause 3 of
the Finance and Administration Committee report dealing with an encroachment issue between Mr.
Meyer and the owner of an abutting property at 63 Inwood Crescent.
Councillor C. Weylie questioned if Mr. Meyer's intent was to enter into an encroachment agreement
with respect to installation of the 2 feet of sod on City-owned property and if he was prepared to
maintain all of the property including the sod, rock and plantings. Mr. Meyer advised that is his
intention.
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Moved by Councillor J. Ziegler
Seconded by Councillor K. Taylor-Harrison
"That Clause 3 of the Finance and Administration Committee report be adopted."
In response to questioning, Ms. L. MacDonald, Assistant City Solicitor, advised that Clause 3 requires
only one encroachment agreement which would be entered into with Mr. B. Meyer.
Councillor G. Lorentz expressed the opinion that the solution as proposed in Clause 3 was not fair
and did not agree with the garbage of 63 Inwood Crescent being placed on the sidewalk. Councillor
Lorentz suggested that a designated area within the 2 foot strip of sod should be agreed upon and
the garbage contractor advised where the garbage is to be picked up. He further suggested two
encroachment agreements to divide maintenance responsibilities between the two owners in order to
avoid future complaints. In this regard, he suggested that Clause 3 be amended to require that two
agreements be signed.
Mr. John Weiss, owner of 63 Inwood Crescent, also appeared and requested that he be allowed to
maintain the 2 foot strip of sod as he had experienced previous lack of maintenance by the property
owner at 65 Inwood Crescent.
Further concerns were raised with respect to the issue of the number of agreements and to whom
control of maintenance should rest with, following which Councillor J. Ziegler advised that he was
prepared to accept the suggestion of Councillor Lorentz that there be two agreements, with the 2 foot
strip of sod to be maintained by Mr. Weiss and the remainder to be maintained by Mr. Meyer. In
addition, he requested that some form of delineation be developed between the two areas.
Councillor B. Vrbanovic expressed disappointment that the two property owners had been unable to
resolve this issue on their own and questioned if it would be feasible to look at this type of issue
during the subdivision agreement process to avoid lots being created with similar situations. Mr. B.
Stanley responded that it would be difficult to determine such detail at the subdivision stage as staff
do not know the exact location of a building on the lots being created.
Councillor Jake Smola suggested that this matter could have been dealt with more appropriately
through the mediation process and questioned if staff had suggested this course of action to the
parties involved. Ms. L. MacDonald advised that both parties had been made aware of the mediation
process but was unaware whether either had pursued this option. Both parties indicated they had not
invoked the mediation process.
Councillor Jake Smola reiterated his preference for the matter to be referred to mediation and
questioned if both parties would agree to mediation. Mr. Weiss expressed the opinion that mediation
has already taken place through discussions, with all issues having been addressed. However, he
reluctantly agreed to enter into mediation should that be the decision of Council. Mr. Meyer
expressed the opinion that the matter should go to mediation and agreed that he would participate.
Councillor Jake Smola put forward a motion, seconded by Councillor John Smola, to defer consideration
of Clause 3 of the Finance and Administration Committee report for up to 2 months subject to both
property owners becoming involved in a mediation process. Following discussion, during which several
Councillors suggested mediation would not be beneficial, the deferral motion was voted on and Lost.
Moved by Councillor J. Ziegler
Seconded by Councillor K. Taylor-Harrison
"That Clause 3 of the Finance and Administration Committee report be amended to require
that encroachment agreements be entered into by each property owner, with the 2 foot strip of
sod being maintained by Mr. J. Weiss, the remainder of the right-of-way being maintained by
Mr. B. Meyer, and that some form of delineation be developed between the two areas."
Carried.
Clause 3, as amended, of the Finance and Administration Committee report was then put to a vote
and Carried.
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Mr. Karl Lahay appeared as a delegation to express concern over littering, drunken and other
inappropriate behaviour in the Downtown. Mr. Lahay also expressed concern with dog owners who
do not clean up after their animals when walking in public areas. It was his opinion dog owners and
those who litter should be heavily fined.
Mayor C. Zehr advised that the City has a Dog By-law; however, enforcement is often difficult in that
the perpetrator cannot always be identified. In addition, Mayor Zehr advised that the City is actively
dealing with the issue of cleanliness in the Downtown area as part of the Compass Kitchener
initiative. Mayor Zehr thanked the delegation for his concern and interest in the well being of the
Downtown area.
Moved by Councillor C. Weylie
Seconded by Councillor M. Yantzi
"That the report of the Planning and Economic Development Committee be adopted."
Moved by Councillor G. Lorentz
Seconded by Councillor T. Galloway
Voted on Clause by Clause.
Clause 1 - Dealt with under Delegations and
Carried.
Clauses 3 & 11 - Dealt with under
Delegations and Carried, as Amended.
Clause 10 -Carried, as Amended.
Balance of Report - Carried.
"That the report of the Community Services Committee be adopted."
Moved by Councillor J. Ziegler
Seconded by Councillor K. Taylor-Harrison
"That the report of the Finance and Administration Committee be adopted."
Carried.
Voted on Clause by Clause
Clause 2 - Dealt with under Delegations and
Carried.
Clause 3 - Dealt with under Delegations and
Carried, as Amended.
Balance of report - Carried.
Moved by Councillor T. Galloway
Seconded by Councillor C. Weylie
"That the report of Heritage Kitchener (Local Architectural Conservation Advisory Committee)
be adopted."
Moved by Councillor John Smola
Seconded by Councillor B. Vrbanovic
"That the report of the Public Works and Transportation Committee be adopted."
Carried.
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It was agreed that Clause 1 of the report would be withdrawn and the staff recommendation outlined
in Business and Planning Services Department report BPS-00-113 (J. Witmer), dated August 23,
2000, substituted in its place.
Councillor C. Weylie asked that the minutes reflect, in regard to Clause 1 concerning sanitary/septic
sewer connections, that a meeting with residents is planned for August 29, 2000. She advised that
the cost of the inspection of the septic systems to determine whether they are functioning properly
has not been determined, nor has it been determined who will be responsible for such costs.
Councillor T. Galloway referred to Clause 5 of the Public Works and Transportation Committee report
concerning a proposed agreement with the Waterloo Region District School Board to operate public
parking. He advised that he has concerns over discussion of possible parking charges for users of
the Don McLaren Arena on weekends and evenings and noted that this would also affect Hospital
visitors who customarily use this lot during off-hours. He indicated he was left with the impression the
City would gate and charge for such parking on a limited basis.
Mr. F. Pizzuto responded that discussions had taken place at Management Committee in regard to
the Kitchener Collegiate Institute lot referred to by Councillor Galloway. He clarified that the City only
owns the Don McLaren Arena and those lands which it is built upon, with the School Board owning
the related parking lot shared by both the arena and the school. Mr. Pizzuto stated that the School
Board has asked the City to develop a structured lot at this location. He noted that he is aware of the
issue of Hospital visitor parking, and that there is a need to determine a method which would allow
some access free of charge. Councillor Galloway also advised of concerns relayed to him by
Councillor Jean Haalboom as regards the use of this parking lot in conjunction with the new Cancer
Centre.
The report of the Public Works and Transportation Committee was then voted on Clause by Clause.
Clause 1 - Carried, as Amended.
Balance of report - Carried.
Councillor C. Weylie noted that the City no longer produces maps showing trails within the
municipality and asked that Mr. Pizzuto arrange this. She added that given the amount of money
spent by the City on trails it would be appropriate to provide maps free of charge. Mr. Pizzuto
explained that the Community Services Department formerly had an arrangement with Kitchener
Transit to include the trail routes on the bus route map. He added that discussions have since taken
place with Grand River Transit and they will be including trail maps for all area municipalities on their
new route map which is to be provided at a cost of $2.00.
Councillor C. Weylie referred to problems arising from the slippery state of the spray pads in Victoria
Park. Mr. Pizzuto responded that he is aware of the problem and staff will attempt to correct it
through more regular maintenance.
Councillor C. Weylie asked that consideration be given to providing sign language translation for
televised Council meetings. Mayor C. Zehr asked that the City Clerk's office co-ordinate investigation
in regard to possible closed captioning or translation.
Councillor C. Weylie advised that residents may be approaching Council at a future meeting with their
concerns regarding the location of a baseball diamond at the new Sandhills Public School which
abuts the backyards of neighbouring residences. Mayor C. Zehr asked Mr. F. Pizzuto to raise this
matter with the School Board and determine if there is an opportunity for compromise.
Councillor C. Weylie asked that consideration be given to providing dog runs, in several locations
throughout the City. Mayor C. Zehr asked that Legal and Community Services Department staff work
together to investigate and report on the feasibility.
Mayor C. Zehr referred to his draft letter of August 28, 2000 to Tony Clement, Minister of Municipal
Affairs and Housing, providing a chronological summary of local government reform efforts to date.
He asked that Council consider endorsing the letter as its official position.
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Moved by Councillor B. Vrbanovic
Seconded by Councillor G. Lorentz
"That Kitchener Council hereby endorses the draft correspondence of Mayor C. Zehr to Tony
Clement, Minister of Municipal Affairs and Housing, dated August 28, 2000, as its official
position in regard to the current state of reform in the Region of Waterloo; and further,
That a copy of the final letter be sent to the Regional Chair, and the Mayors and Councillors of
all municipalities within the Region."
Carried.
Councillor T. Galloway referred to correspondence received from the Chair of the Waterloo District
Catholic School Board concerning the extension of Block Line Road, and inquired whether a
response has been drafted, and the specific nature of the concern. Mayor C. Zehr replied that there
has been no written response, but a meeting is planned in the near future.
Councillor T. Galloway advised of grading problems with respect to baseball diamond #4 of the Peter
Hallman Ballyard, which is partially built on school lands. He suggested that this matter also be
discussed at the upcoming meeting with the School Board to address the Block Line Road issue.
Mayor C. Zehr asked that the appropriate Community Services Department staff attend in respect to
the diamond grading problems.
Councillor G. Lorentz referred to recent discussions concerning the City's policy on parking incentives
for new businesses locating in the Downtown. He suggested that the policy be revisited and asked
that staff present a report and revised policy for consideration at a future Public Works and
Transportation Committee meeting. Mayor C. Zehr asked that the Parking Division and Downtown
Development Team collaborate on the report requested.
Councillor M. Yantzi announced that he would not be seeking re-election for another term at either
the regional or municipal levels, citing plans to travel and to promote a book he recently authored.
Moved by Councillor B. Vrbanovic
Seconded by Councillor T. Galloway
"That leave be given the Mover and Seconder to introduce the following by-laws, namely:
(a)
Being a by-law to authorize the carrying out of the provisions of Chapter 650 of The City
of Kitchener Municipal Code with respect to the property municipally known as 35
Highland Road East, Kitchener.
(b)
Being a by-law to amend Chapter 270 of The City of Kitchener Municipal Code with
respect to Parks.
(c)
Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener - Paul Charest - Victoria Street South.
(d) Being a by-law to amend By-law 85-1, known as the Zoning By-law - City of Kitchener.
(e) Being a by-law to provide for Advance Votes to be held prior to Voting Day.
(f) A by-law to delegate certain authority under the Planning Act, R.S.O. 1990, c.P. 13
(g)
Being a by-law to amend Chapter 680 of the City of Kitchener Municipal Code with
respect to Signs.
(h)
Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener- Mclntyre Drive.
(i)
Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener- Imperial Oil Limited and 1210873 Ontario Limited - Ottawa Street
South.
AUGUST 28, 2000
COUNCIL MINUTES
- 393 -
CITY OF KITCHENER
(J)
(k)
(m)
(n)
Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener - Doyle Investments Corp. - Ardelt Place.
Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law of the
City of Kitchener- J. and B. Ludwig - Clive Road.
Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener - Activa Holdings Inc. - Ottawa Street South.
Being a by-law to close, retain and transfer parts of a Lane between Guelph Street and
Blucher Boulevard in the City of Kitchener.
Being a by-law to exempt certain lots from Part Lot Control - Part of Block 51,
Registered Plan 1826 - Gloucester Court.
(o) To confirm all actions and proceedings of the Council.
and that the same be taken as read a first time and stand referred to the Committee of
Whole."
the
Carried.
On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and
Mayor C. Zehr appointed Councillor John Smola as Chair.
On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair.
Moved by Councillor John Smola
Seconded by Councillor C. Weylie
"That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting
of the Committee of the Whole held this date, as attached hereto and forming part of these
minutes are hereby adopted and confirmed."
Moved by Councillor B. Vrbanovic
Seconded by Councillor T. Galloway
"That the by-laws listed on the agenda for third reading, namely:
(a)
(b)
(c)
(d)
(e)
Carried.
Being a by-law to authorize the carrying out of the provisions of Chapter 650 of The City
of Kitchener Municipal Code with respect to the property municipally known as 35
Highland Road East, Kitchener.
(By-law No. 2000-127)
Being a by-law to amend Chapter 270 of The City of Kitchener Municipal Code with
respect to Parks.
(By-law No. 2000-128)
Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener - Paul Charest - Victoria Street South.
(By-law No. 2000-129)
Being a by-law to amend By-law 85-1, known as the Zoning By-law - City of Kitchener.
(By-law No. 2000-130)
Being a by-law to provide for Advance Votes to be held prior to Voting Day.
(By-law No. 2000-131 )
AUGUST 28, 2000
COUNCIL MINUTES
- 394 -
CITY OF KITCHENER
(f)
(g)
(h)
(i)
(J)
(k)
(m)
(n)
(o)
A by-law to delegate certain authority under the Planning Act, R.S.O. 1990, c.P. 13.
(By-law No. 2000-132)
Being a by-law to amend Chapter 680 of the City of Kitchener Municipal Code with
respect to Signs.
(By-law No. 2000-133)
Being a by-law to close and sell part of the public highway known as Pioneer Tower
Road in the City of Kitchener.
(By-law No. 2000-134)
Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener- Mclntyre Drive.
(By-law No. 2000-135)
Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener- Imperial Oil Limited and 1210873 Ontario Limited - Ottawa Street
South.
(By-law No. 2000-136)
Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener - Doyle Investments Corp. - Ardelt Place.
(By-law No. 2000-137)
Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law of the
City of Kitchener- J. and B. Ludwig - Clive Road.
(By-law No. 2000-138)
Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener - Activa Holdings Inc. - Ottawa Street South.
Being a by-law to exempt certain lots from Part Lot
Registered Plan 1826 - Gloucester Court.
To confirm all actions and proceedings of the Council.
(By-law No. 2000-139)
Control - Part of Block 51
(By-law No. 2000-140)
(By-law No. 2000-141
be taken as read a third time, be finally passed and numbered serially by the Clerk."
Carried.
On motion, the meeting adjourned at 9:05 p.m.
MAYOR CLERK
COUNCIL MINUTES
AUGUST 28, 2000
- 395 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE
That the City accept the Offer to Purchase from Huron Model and Gauge Inc. for Part 2 on
Reference Plan 58R-11715. The Site has an approximate area of 1.32 acres and the offering
price is $75,000 per acre for a total purchase price of $90,000; and,
That Council consider the additional 7,000 square feet that Huron Model and Gauge
constructed on their abutting lands as satisfying the condition requiring them to build a
minimum 6,000 square foot building on Site 142 within one year of the closing; and further,
That the Mayor and Clerk be hereby authorized to execute any other necessary documentation
required by the City Solicitor.
(Dealt with under Delegations and Carried)
1)
That Council approve Municipal Plan Amendment Application MP O0104NITMW (164
Victoria Street North - Rudy Meister), being an amendment to:
a)
Amend Map 8, by adding Special Policy 32 to the lands municipally known as
164 Victoria Street North.
b) Amend Section 12 by adding Special Policy 32 as follows:
32.
Notwithstanding the Service Commercial designation, which applies to the
lands at 164 Victoria Street North, a five-room lodging house shall be a
permitted use.
It is the opinion of this Committee that approval of this application to amend the City's
Municipal Plan is proper planning for the City.
2)
That Zone Change Application ZC 00/13N/TMW requesting a change in zoning from
Service Commercial Zone (C-6) with Special Use Provision 3U, to Service Commercial
Zone (C-6), with Special Use Provision 3U and 280U, and with Special Regulation
Provision 332R, on lands legally described as Part of Lots 20 and 21, Registered Plan
374, be approved in the form shown in the attached "Proposed By-law", dated July 21,
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 a recommended Amendment (164 Victoria Street
North - Rudy Meister) to the City's Municipal Plan.
3. A. That the "Laurentian West Community Plan" be revised as follows:
a) Map A - Land Use Plan, be replaced with the attached revised Map A
Land Use Plan, dated April 28, 1998; and,
That Zone Change Application ZC 96/16/O/PB (Ottawa Street South - Activa Holdings
Incorporated) requesting a change in zoning from Agricultural One Zone (A-l), to
Residential Three Zone (R-3), Residential Four Zone (R-4), Residential Six Zone (R-6),
Public Park Zone (P-l) and Open Space Zone (P-2) all according to By-law 85-1, on Part
of Lot 46, G.C.T., be approved in the form shown in the attached Proposed By-law dated
July 19, 2000, as revised August 21, 2000 to provide that Blocks 2,3,4, & 5 of AREA 6 and
Blocks 7 & 15 of AREA 3 be zoned Residential Four Zone (R-4), and as further amended
August 23, 2000.
It is the opinion of this Committee that approval of this application is proper planning for
the City and is in conformity with the City's Municipal Plan; and,
That the City of Kitchener pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, c.
P. 13 as amended, and Delegation By-law 97-061 of the Regional Municipality of
Waterloo, grant draft approval to Plan of Subdivision Application 30T-96001 (Ottawa
AUGUST 28, 2000
COUNCIL MINUTES
- 396 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
Street South) in the City of Kitchener for Activa Holdings Inc. subject to the following
conditions:
That this approval applies to Plan of Subdivision 30T-96001 for Activa Holdings
Inc., as shown on the plan prepared by MacNaughton Hermsen Britton Clarkson
Ltd., dated (revised) March 27, 2000 and as shown on the attached Plan of
Subdivision prepared by the City of Kitchener dated July 19, 2000, as revised
August 21,2000 in respect to stages, which shows the following:
Stage One
Blocks 7-9, 11-15
Blocks 1-6, 10
Block 16
Block 17
Block 18
Blocks 19, 20
Block 21
Blocks 22-26
maximum 163 units
single and semi-detached
townhouses
park
storm water management
road widening
service corridor
service corridor/walkway
0.3 metre reserves
Stage Two
Blocks 1-3
Blocks 4, 5
Blocks 6-8
maximum 62 units
single and semi-detached
townhouses
0.3 metre reserves
Stage Three
Blocks 1, 2, 9-12
Blocks 3-8
Block 13
Block 14
Block 15
Block 16
maximum 139 units
single and semi-detached
townhouses
park
walkway
emergency access
0.3 metre reserves
Stage Four
Blocks 1-3
Block 4
maximum 22 units
single and semi-detached
emergency access
Stage Five
Blocks 2-5
Blocks 6, 7
maximum 48 units
single and semi-detached
0.3 metre reserves
2. CITY OF KITCHENER CONDITIONS:
That the Subdivider enter into a City Standard Form Residential Subdivision
Agreement as approved by City Council embracing those lands shown outlined in
the attached Plan of Subdivision and that the following special conditions be
written therein:
41. (i)
Graphics shall depict approved street layout, zoning, lotting and
specific land uses, including among other matters, types of parks,
storm water management areas, Ontario Hydro Corridors, trail links
and walkways, notification regarding contacts for school sites, noise
attenuation measures, environmentally sensitive areas, tree protection
measure areas, water courses, flood plain areas, railway lines, hazard
areas, and potential and planned transit routes and bus stop
locations, all to the satisfaction of the City's General Manager of
Business and Planning Services.
COUNCIL MINUTES
AUGUST 28, 2000
- 397 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
51.
That the final plan(s) for registration purposes shall be prepared in
accordance with the Plan of Subdivision attached, dated July 19, 2000,
provided that plans showing lotting within any residential block shall be
permitted in accordance with Section 71, and/or minor amendments 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 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;
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 but no further Ministerial approval.
53.
That the subdivision shall be registered in five stages, with Stage 1
consisting of Blocks 1 to 26 inclusive; Stage 2 consisting of Blocks 1 to 8
inclusive; Stage 3 consisting of Blocks 1 to 16 inclusive; Stage 4 consisting
of Blocks 1 to 4 inclusive; Stage 5 consisting of Blocks 1 to 7 inclusive.
Further, the Subdivider agrees that the Plan of Subdivision shall be
registered in accordance with the following:
a) Stage 1 shall be registered first;
b)
Stages 2, may be registered concurrently with or subsequent to the
registration of Stage 1;
c) Stage 3 may be registered concurrently with or at any time
subsequent to the registration of Stage 2;
d) Stage 4 may be registered concurrently with or at any time
subsequent to the registration of Stage 3;
e) Stage 5 may be registered concurrently with or at any time
subsequent to the registration of Stage 2;
Further, that in the event that any combination of stages are registered
concurrently in accordance with the above, certain 0.3 metre reserve Blocks
as set out in Section 65 shall not be required; and,
Further, any necessary facilities such as temporary turning circles to
accommodate proper staging and phasing shall be shown on all
engineering drawings, to the satisfaction of the City's General
Manager of Public Works.
54.
That the City Solicitor shall arrange for a By-law to be presented to Council,
to open 0.3 metre reserve Block 23 in Registered Plan 58M-55 at the
westerly terminus of Fox Glove Drive, as "public highway", at such time as
Stage 1 of this Plan has been registered and Fox Glove Drive and Prosperity
Drive within Stage 1 have been constructed and are open to public vehicular
traffic to the satisfaction of the City's General Manager of Public Works.
55.
That prior to any grading or construction on site or registration of any stage
of the plan, the Subdivider agrees to submit a Lot Grading and Drainage
Control Plan for the approval of the City's General Manager of Public Works,
in consultation with the City's General Manager of Community Services, the
Regional Municipality of Waterloo, Ministry of Transportation, and the Grand
River Conservation Authority.
AUGUST 28, 2000
COUNCIL MINUTES
- 398 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
56.
That prior to any grading or construction on the site or registration of any
stage of the plan, to submit a detailed engineering design for storm water
management in accordance with the approved concept plan to be approved
by the City's General Manager of Public Works in consultation with the City's
General Manager of Community Services, the Regional Municipality of
Waterloo, Ministry of Transportation and the Grand River Conservation
Authority. Said engineering design shall include an erosion and siltation
control plan indicating the means whereby erosion will be minimized and silt
maintained on-site both during and after grading and construction stages.
The Subdivider further agrees to implement all required measures as
outlined in the approved final design.
57.
That landscape plans of the proposed storm water management facility shall
be approved by the General Manager of Community Services and the Grand
River Conservation Authority prior to the registration of the appropriate
stages of the Plan of Subdivision. All such landscaping shall be installed at
the Subdivider's cost, in accordance with the approved plan. All landscaping
of areas above the 5 year storm level shall be installed during the first
planting season after occupancy of the first unit. The remainder of the
planting shall commence at such time as required by the General Manager
of Community Services. The Subdivider shall maintain the planting for a
period of one year from the completion of final planting. Landscape plans
are to be prepared by an Environmental Professional acceptable to the City.
58.
That prior to the Department of Public Works accepting storm water
management ponds as shown on the approved landscape plan, the
Subdivider agrees to erect one or more information signs at the public
access(es) detailing the purpose of the pond, telephone number for further
information and any other relevant information, to be approved by the
General Manager of Community Services.
59.
That the names of the streets within the Plan shall be those shown on the
Plan of Subdivision.
60.
That construction traffic to and from the proposed subdivision shall be
restricted to using Prosperity Drive to Ottawa Street and Foxglove Drive to
Windflower Drive. The Subdivider agrees to advise all relevant contractors,
builders and other persons of this requirement with the Subdivider being
responsible for any signage, where required, all to the satisfaction of the
Director of Transportation Services.
61.
To construct 1.5 metre wide concrete sidewalks along both sides of all
streets in the Plan of Subdivision, to the satisfaction of the City's General
Manager of Public Works.
62.
To make financial arrangements, to the satisfaction of the City's General
Manager of Public Works, for the construction of a 1.5 metre concrete
sidewalk along the entire length of Ottawa Street abutting Block 18 (Stage
1).
63.
To obtain, from the Grand River Conservation Authority, if necessary, a Fill,
Construction and Alteration to Waterways Permit under Ontario Regulation
149 as amended by 69/93 and 669/94, prior to on-site grading, the
installation of services and prior to the City's release of any stage of the
Subdivision Plan for registration.
64.
That in consideration of the wooded character of the subdivision lands and
the City's desire to minimize the impact of development on treed areas worth
retaining, the Subdivider agrees to comply with the following process in the
COUNCIL MINUTES
AUGUST 28, 2000
- 399 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
development of the subdivision in accordance with the City's approved Tree
Management Policy:
a)
prior to the City's 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, the City has inspected these measures and the
Subdivider has received a written authorization from the City's
Department of Public Works to proceed with said grading;
c)
to implement and be responsible for providing all information
contained in the approved Detailed Vegetation Plan, Tree
Preservation/Enhancement Plan (if applicable), to all of his heirs,
executors, administrators, successors and assigns in order to ensure
that the requirements outlined in said plan(s) are carried out as
specified;
d)
A Tree Preservation/Enhancement Plan will be required for those lots
or blocks, prior to applying for or having issued any building permits,
which are subject to site plan approval under Section 41 of the
Planning Act, corner lots (where site service locations and building
type have not been predetermined), interior lots greater than 13.7
metres of street frontage, proposed building/structure that is located
deeper on the lot than that approved on the Detailed Vegetation Plan
and/or the revised grading will have an adverse effect on the Detailed
Vegetation Plan;
e)
In the event of construction causing minor tree damage, remedial
measures such as trimming, dressing, or bark doctoring shall be
implemented at the Subdivider's cost and as directed by the
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 the "Guide for Plant Appraisal" International
Society of Arboraculture, Latest Edition. Tree replacements are to be
located on the same lot or block as the tree requiring removal or to a
location within the subdivision requiring enhancement. Furthermore,
such remedial measures or tree replacements shall be approved by
the Department of Planning and Development and shall be
satisfactorily implemented prior to occupancy of the unit or due to
weather conditions by the next planting season.
65.
To convey to the City of Kitchener the following lands for the purposes stated
therein, at no cost and free of encumbrance, concurrently with the
registration of the Plan of Subdivision:
STAGE 1
a)
b)
c)
d)
Block 16 for public park purposes;
Block 17 for storm water management purposes;
Blocks 19 and 20 for service corridors;
Blocks 22-26, inclusive, for 0.3 metre reserves.
COUNCIL MINUTES
AUGUST 28, 2000
- 400 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
STAGE 2
d) Blocks 6 to 8, inclusive, for 0.3 metre reserves.
STAGE 3
e)
f)
g)
Block 13 for park and trail purposes;
Block 15 for emergency access;
Block 16 for 0.3 metre reserves.
STAGE 4
h) Block 4 for emergency access purposes.
STAGE 5
Blocks 6 and 7 for 0.3 metre reserves.
66.
To dedicate to the City of Kitchener free of encumbrance, through plan
registration, the following lands for the purposes stated therein:
STAGE 1
a) Block 21 for public walkway;
STAGE 3
c)
g)
Block 14 for public walkway;
Block 15 for emergency access purposes;
67.
To install a permanent 1.2 metre high, paige wire fence or an alternate
marking system to the satisfaction of the City's General Manager of
Community Services along the flankage and/or rear property lines of Blocks
3, 12 and 13 (Stage 1); Block 4 (Stage 2); Blocks 4-7 inclusive (Stage 3);
Block 1 (Stage 4); and, Blocks 1-5 inclusive (Stage 5), where the above
lot/block lines abut open space blocks or Wilson Road. The Subdivider
further agrees to install a permanent 1.2 metre high, paige wire fence or an
alternate marking system to the satisfaction of the City's General Manager of
Community Services along the boundaries of Block 12 (Stage 1), where said
block abuts existing residential properties.
68.
That the five percent parkland dedication required for the entire Plan of
Subdivision, being 1.018 hectares, shall be satisfied by the conveyance of
Block 16 (Stage 1 ).
69.
To fill, compact and grade in both a preliminary and finished form, topsoil
and seed/sod Block 16 (Stage 1) and Block 13 (Stage 3) to the satisfaction
of the City's General Manager of Community Services. Grading plans and
implementation within Block 13 (Stage 3) shall include making grading
allowance for three metre wide flat areas for future community trail link
purposes. All works required of the Subdivider by this Section shall be
completed in conjunction with the timing of grading of surrounding residential
development not to exceed two years from the registration of the respective
stage of the Plan of Subdivision or at any alternate time approved in writing
by the City's General Manager of Community Services.
70.
To undertake any measure required to ensure proper water pressure to the
proposed development, to the satisfaction of the City's Chief Building Official
or the City's General Manager of Public Works.
AUGUST 28, 2000
COUNCIL MINUTES
- 401 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
71.
That 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 the plan
is to be registered prior to the approval of servicing plans.
72.
That prior to the installation of services for the development of Iotless blocks,
to submit a draft reference plan for each such lot or block, and obtain
approval of the draft reference plan from the City's Director of Planning and
General Manager of Public Works, and the Commission's Engineer.
73.
That the division of any lots or blocks by Part Lot Control shall be subject to
compliance with the following requirements:
The Subdivider shall submit a draft reference plan for each lot or
block, and obtain approval of the draft reference plan from the City's
General Manager of Business and Planning Services, the City's
General Manager of Public Works, and the Commission's Engineer;
ii)
The Subdivider shall pay all current outstanding taxes prior to the
submission of a Part Lot Control Exemption By-law to the City's
Council;
iii)
The draft reference plan approved above shall be deposited in
accordance with the Land Titles Act and three copies submitted to the
City's General Manager of Business and Planning Services;
iv)
The Subdivider shall receive final approval of a Part Lot Control
Exemption By-law;
v)
No building permits shall be issued until steps (i), (ii), (iii) and (iv) are
completed and the layout shown on the registered reference plan is in
compliance with approved reference plan and the approved servicing
and grading plans;
vi)
Any further division of lands to create additional building parcels shall
require the submission of subsequent reference plans to be approved
in accordance with steps (i), (ii), (iii), and (iv) above.
vii)
Notwithstanding (v) above, in the event that only one dwelling is to be
constructed on a block in advance of final approval of a Part Lot
Control Exemption By-law, in order to ensure that the proper and
orderly ultimate development of the block is not compromised, the
Subdivider agrees that prior to the issuance of any Building Permits:
a)
to submit a draft reference plan for each lot or block, showing
all required maintenance easements and eave encroachments
if the lots or blocks are proposed for zero sideyard housing,
and obtain approval of the draft reference plan from the
Director of Planning, the General Manager of Public Works,
and the Commission's Engineer; and
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
Director of Building.
AUGUST 28, 2000
COUNCIL MINUTES
- 402 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
74.
That all zero sideyard housing shall provide 1.5 metre wide easements for
maintenance and an easement allowing a maximum encroachment of 0.3
metres for eaves. The Subdivider further agrees that the registration of such
easements shall occur by way of Grants of Easement Agreement and a
reference plan. Prior to issuance of any building permits, the Subdivider
shall provide a confirmation letter to the City's General Manager of Business
and Planning Services which verifies that the reference plan has been de-
posited and the easement documents have been prepared, worded and
registered to the satisfaction of the City Solicitor. This condition shall be
regarded as part of the Minister's draft approval conditions and as such,
consent applications shall not be required for the establishment of such
maintenance or eave encroachment easements.
75.
To identify concrete transit pads at all planned transit stop locations on the
driveway location plan, to the satisfaction of the Regional Municipality of
Waterloo. The Subdivider shall be responsible for the installation of said
concrete transit pads at the time of sidewalk installation within each stage of
the plan of subdivision, to the satisfaction of the City's General Manager of
Public Works.
76.
To provide a planting strip having a minimum width of 4.6 metres and a 1.8
metre high chain link fence for all lots abutting Ottawa Street (Regional Road
4). Said planting strip is to be developed at the Subdivider's cost in
accordance with plans/drawings approved by the City's General Manager of
Business and Planning Services, prior to the issuance of any building
permits for said lots. Further, said planting strip shall be installed within the
affected lots prior to the transfer of title of such lots to the first time
occupants, or in the event of winter conditions, shall be installed by June 1,
immediately following such transfer of title. The Subdivider agrees to attach
the approved planting plan to all Offers to Purchase/Agreements of
Purchase and Sale of lots on which the required planting strip has not been
installed due to winter conditions. Further, if physical noise attenuation
barriers are required in accordance with Section 50. herein, installation of
said barrier shall substitute for the planting strip requirement.
77.
That a plan showing driveway locations for all lots shall be approved by the
City's Director of Planning in consultation with the City's General Manager of
Public Works, prior to the issuance of building permits with the Plan of
Subdivision. The Subdivider further agrees to pair all driveways for all
residential lots with less than 10.9 metres of width which do not use the 0
metre side yard concept with the Subdivision Plan, where possible, in order
to maximize on-street parking opportunities and boulevard landscaping
areas.
78.
To construct a community trail/pedestrian trail within Block 13 (Stage 3) to
the satisfaction of the City's General Manager of Community Services prior
to the occupancy of dwelling units within Stage 3.
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 upfront 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
COUNCIL MINUTES
AUGUST 28, 2000
- 403 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
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.
79.
The Subdivider agrees that no driveways shall be installed within 1.0 metres
of a street light pole or hydro pole or where the wheels of a vehicle would
pass over any part of a submersible transformer vault. The Subdivider
further agrees to state this requirement in all Offers of Purchase and
Agreements of Purchase and Sale.
80.
The Subdivider agrees that no sewer or water service will 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 will be installed within 3.0 metres of a proposed street light pole or
hydro pole. The Subdivider shall review the Commission's engineering
drawings to coordinate the locations of these utilities and shall be
responsible for insuring that these separations are maintained.
81.
That prior to the issuance of any building permits within the plan, the
Subdivider shall install temporary street name signs and emergency access
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.
As soon as possible following the first course of asphalt on a road, the
Subdivider shall arrange for the erection of permanent emergency access
signs, construction traffic signs, and 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.
82.
The Subdivider agrees, in the event a new city policy is approved by
Council regarding the timely provision of above ground services, and in
particular street trees prior to registration of the plan of subdivision, the
Subdivider agrees to include such provisions through modification of his
conditions of approval, prior to registration of the plan.
AUGUST 28, 2000
COUNCIL MINUTES
- 404 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS
That the owner agrees to stage the development of this subdivision in a
manner satisfactory to the Regional Commissioner of Planning and
Culture.
That the plan submitted for final approval may incorporate a lot pattern for
all blocks in which single detached and semi-detached lots are permitted,
at a density not exceeding the density identified in the draft approval
conditions.
a)
That the owner enter into an Agreement for Servicing with the
Regional Municipality of Waterloo to preserve access to municipal
water supply and municipal wastewater treatment services prior to
final approval or any agreement for the installation of underground
services, whichever occurs first. Where the owner has already
entered into an agreement for the installation of underground
servicing with the area municipality, such agreement shall be
amended to provide for a Regional Agreement for Servicing prior to
registration of any part of the plan. The Regional Commissioner of
Engineering shall advise prior to an Agreement for Servicing that
sufficient water supplies and wastewater treatment capacity is
available for this plan, or the portion of the plan to be registered.
b)
That the owner include the following statement in all agreements of
lease or purchase and sale that may be entered into pursuant to
Section 52 of the Planning Act, prior to the registration of this plan:
"The lot, lots, 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 fulfillment 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 approval satisfied, including the
availability of servicing, until the plan is registered."
That the subdivision agreement be registered by the City of Kitchener
against the land to which it applies and a copy of the registered agreement
be forwarded to the Regional Commissioner of Planning and Culture prior
to final approval of the subdivision plan.
That the owner convey a road widening identified as Block 18, Stage 1,
along the frontage of Regional Road No. 4 (Ottawa Street) to the Regional
Municipality of Waterloo.
That 25 foot daylight triangles be established at the intersection of
Regional Road No. 4 (Ottawa Street) and Prosperity Drive and be
dedicated on the final plan as public highway to the appropriate authority.
That the owner obtain a Regional Road Access Permit for the intersection
of Regional Road No. 4 (Ottawa Street) and Prosperity Drive and the
intersection of Regional Road No. 4 (Ottawa Street) and any proposed
emergency access.
COUNCIL MINUTES
AUGUST 28, 2000
- 405 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
That prior to final approval the owner complete a traffic impact study to the
satisfaction of Regional Engineering to identify improvements at Regional
Road No. 4 (Ottawa Street) and Prosperity Drive, and the owner further
agrees to provide a letter of credit equal to the costs of road improvements
identified in the study.
That a lot grading and drainage plan and storm water management report
be submitted for approval, for the entire draft plan of subdivision, to the
satisfaction of the Regional Commissioner of Engineering where the lands
drain to a Regional facility.
10.
That prior to final approval the owner agrees to implement the
recommendations of the noise study entitled "Laurentian Village
Subdivision, Activa Holdings Inc., City of Kitchener Plan 30T-96001, Final
Noise Impact Assessment" prepared by Stanley Consulting Group Limited,
dated January 26, 1998. The noise attenuation measures include a noise
barrier (berm) along the entire north property limit, a noise warning clause
warning of noise from the Conestoga Parkway and/or Ottawa Street, and
provision for air or installation of air conditioning as required.
11.
That the owner enter into an agreement with the Regional Municipality of
Waterloo to erect a 1.82 metre high permanent maintenance free fence
adjacent to Regional Road No. 4 (Ottawa Street) in accordance with
Regional policies and procedures.
4. OTHER AGENCY CONDITIONS
That prior to any grading or construction on the site, and prior to
registration of the plan, the owners or their agents submit the following
plans and reports to the satisfaction and approval of the Grand River
Conservation Authority:
a)
A detailed storm water management report and plans in
accordance with the 1994 Ministry of Environment and Energy
Report entitled "Stormwater Management Practices Planning and
Design Manual" and in accordance with the Laurentian West
Master Drainage Plan, and the Laurentian West Community Plan
Environmental Review.
b)
A storm servicing plan showing the layout of the storm sewer
system.
c)
A lot grading and drainage control plan showing the limits of all
grading, including existing and proposed grades.
d)
An erosion and sediment control report and plan in accordance with
the Grand River Conservation Authority's Guidelines on Erosion
and Sediment Control for Construction Sites, indicating the means
whereby erosion will be minimized and sediment maintained on-site
throughout all phases of grading and construction, including a
monitoring and maintenance plan and provision for timely
revegetation of the site.
That prior to the issuance of any building permits, the Subdivider obtain
Building and Land Use permits from the Ministry of Transportation for all
buildings located within 46 metres of the Ministry of Transportation
property line.
AUGUST 28, 2000
COUNCIL MINUTES
- 406 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
5. CLEARANCE CONDITIONS
That prior to the signing of the final plan by the City's General Manager of
Business and Planning Services, the City of Kitchener is to be advised by
the Regional Commissioner of Planning and Culture that conditions 3.1
through 3.11 inclusive have been carried out to the satisfaction of the
Regional Municipality of Waterloo. The clearance letter from the Region
shall include a brief statement detailing how each condition has been
satisfied.
That prior to the signing of the final plan by the City's General Manager of
Business and Planning Services, the City of Kitchener is to be advised by
the Grand River Conservation Authority that condition 4.1 has been
carried out to the satisfaction of the Grand River Conservation Authority.
The clearance letter from the Authority shall include a brief statement
detailing how the condition has been satisfied.
That prior to the signing of the final plan by the City's General Manager of
Business and Planning Services, the City of Kitchener is to be advised by
the Ministry of Transportation that condition 4.2 has been carried out to
the satisfaction of the Ministry of Transportation. The clearance letter from
the Ministry shall include a brief statement detailing how the condition has
been satisfied.
6. NOTES
The owner/developer is advised that the provisions of the Development
Charge By-laws of the City of Kitchener and the Regional Municipality
adopted in accordance with the Development Char.qes Act, S.O. 1989
apply to this draft approval and are to be satisfied as follows:
a) Inquiries regarding the application of the Area Municipal
Development Charge By-law should be directed to the City of
Kitchener.
b) In accordance with subsection 5(2) of Regional Development
Charge By-law 91-91 as amended, ONE OF THE FOLLOWING
OPTIONS CAN BE UTILIZED:
at the time of entering into a subdivision agreement with the
City of Kitchener, the owner/developer may pay 100% of the
"Hard Service" development charge component as
calculated in accordance with section 1 of Schedule "C" of
By-law 91-91, directly to the Regional Municipality of
Waterloo; or
ii)
prior to entering into a subdivision agreement with the City of
Kitchener, the owner/developer may enter into an agreement
with the Regional Municipality of Waterloo to defer payment
of the "Hard Service" development charge component in
accordance with section 2 of Schedule "C" of By-law 91-91.
c)
The owner/developer is to provide the Regional Municipality of
Waterloo with two print copies of the proposed plan to be registered
in conjunction with a written payment calculation request made
under b) above. In addition to the normal registered requirements,
this plan must either include or be accompanied by a listing that
includes metric area calculations certified by an Ontario Land
Surveyor for every lot and block on the plan.
COUNCIL MINUTES
AUGUST 28, 2000
- 407 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
2. The final plans for Registration must be in conformity with Ontario
Regulation 43/96, as amended, under the Registry Act.
It is the responsibility of the owner of this draft plan to advise the Regional
Municipality of Waterloo and the City of Kitchener Department of Business
and Planning Services of any changes in ownership, agent, address, and
phone number.
Most of the Regional Municipality of Waterloo conditions can be satisfied
through an agreement. The onus in 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 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. Therefore,
approval of the Director must be obtained under Section 52 of the Ontario
Water Resources Act prior to the construction of the proposed water
supply system. The proponent must ensure that the application for
approval of water works and appropriate supporting information, are
submitted to the Ministry of Environment and Energy for approval.
The proposed storm water management system meets the definition of a
"sewage works" as defined in the Ontario Water Resources Act.
Therefore, approval of the Director must be obtained under Section 53 of
the Ontario Water Resources Act prior to the construction of the proposed
storm water management system. The proponent must ensure that the
application for approval of sewage works, and appropriate supporting
information, are submitted to the Ministry of Environment and Energy for
approval.
The proposed sanitary sewage collection system meets the definition of a
"sewage works" as defined in the Ontario Water Resources Act.
Therefore, approval of the Director must be obtained under Section 53 of
the Ontario Water Resources Act prior to the construction of the proposed
sanitary sewage collection system. The proponent must ensure that the
application for approval of sewage works, and appropriate supporting
information, are submitted to the Ministry of Environment and Energy for
approval.
This draft plan was received on or after May 22, 1996 and shall be
processed and finally disposed of under the Planning Act, R.S.O. 1990 c.
P.13, as amended by S.O. 1996, c.4 (Bill 20).
10.
The owner/developer is advised that draft approval is not a commitment
by the Regional Municipality of Waterloo to water and wastewater
servicing capacity. To secure this commitment the owner/developer must
enter into an "Agreement for Servicing" with the Regional Municipality of
Waterloo by requesting that the Region's Planning and Culture
Department initiate preparation of the agreement. When sufficient
AUGUST 28, 2000
COUNCIL MINUTES
- 408 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
capacity is confirmed by the Region's Commissioner of Engineering to
service the density defined by the plan to be registered, the
owner/developer will be offered an "Agreement for Servicing". This
agreement will be time limited, define the servicing commitment by
density, use and stipulate that should the "Agreement for Servicing" expire
prior to plan registration, a new agreement will be required.
The owner/developer is to provide the Regional Municipality of Waterloo
with two print copies of the proposed plan to be registered along with the
written request for a servicing agreement.
11.
To ensure 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
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 the approval,
and we have received an assurance from the Regional Municipality of
Waterloo and applicable clearance agencies that the necessary
arrangements have been made, the General Manager's signature will be
endorsed on the plan and it will be forwarded to the Registry Office for
registration.
The following is required for registration under the Registry Act and for our
use:
One (1)
Four (4)
Four (4)
original mylar
mylar copies
white paper prints
It is the opinion of this Committee that approval of this subdivision application is
proper planning for the City.
(As Amended)
That Zone Change Application ZC 97/29/0NL (800 Ottawa Street South - Imperial Oil
Limited/1210873 Ontario Limited) requesting a change in zoning from General Industrial Zone
(M-2) to Service Commercial Zone (C-6) with special regulation provision 346R on lands
legally described as Part of Lots 1 and 2, Municipal Compiled Plan 1022 in the City of
Kitchener, be approved, in the form shown in the attached "Proposed By-law", dated July 19,
2000, without conditions.
It is the opinion of this Committee that approval of this application is proper planning for the
City and is in conformity with the City's Municipal Plan.
That Council approve the "proposed by-law" attached to staff report BPS-00-101 dated August
2, 2000 to amend Chapter 680 (Signs) of the City of Kitchener Municipal Code with respect to
campaign signs.
COUNCIL MINUTES
AUGUST 28, 2000
- 409 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
That Zone Change Application ZC 00/24/M/PB (Mclntyre Drive - City of Kitchener) requesting
a change in zoning to implement a creek realignment which will slightly modify the limits of the
Restricted Business Park (B-2) Zone, Business Park Service Centre (B-3) Zone and Hazard
Land (P-3) Zone on lands legally described as Part Lot 12, Registrar's Compiled Plan 1471,
more particularly described as Parts 2 and 4, Reference Plan 58R-6714, be approved in the
form shown in the attached "Proposed By-law", dated July 25, 2000, without conditions.
It is the opinion of this Committee that approval of this application is proper planning for the
City and is in conformity with the City's Municipal Plan.
That Zone Change Application ZC O0/IO/AITMW (41 Ardelt Place Doyle Investments
Corporation) requesting a change in zoning from Heavy Industrial Zone (M-4) to Heavy
Industrial Zone (M-4) with Special Regulation Provision 331R on lands legally described as
Part of Lots 17 and 18, Registered Plan 791 and Part of Lot 1, Registered Plan 1023, more
particularly described as Part 1, Reference Plan 58R-9192 and Parts 1 and 2, Reference Plan
58R-3800, be approved in the form shown in the attached "Proposed By-law", dated July 13,
2000, without conditions.
It is the opinion of this Committee that approval of this application is proper planning for the
City and is in conformity with the City's Municipal Plan.
That Zone Change Application ZC00/22/C/LR (106 Clive Road - Jack Ludwig and Bernice
Ludwig), requesting a change in zoning from a Residential Four Zone (R-4) to a Residential
Six Zone (R-6) with a Special Regulation Provision 340R on lands legally described as Part
lots 179 and 180, Registered Plan 651, be approved, in the form shown in the attached
"Proposed By-law" dated July 10, 2000, without conditions.
It is the opinion of this Committee that approval of this application is proper planning for the
City and is in conformity with the City's Municipal Plan.
1)
That City Council approve the draft By-law attached to staff report BPS-00-107, to
further delegate to the General Manager of Business and Planning Services certain
authority relative to plans of subdivision and plans of condominium under the provisions
of Section 51.2 of the Planning Act; and
2)
That a copy of the approved sub-delegation by-law be forwarded to the Minister of
Municipal Affairs in accordance with Clause 4 of O. Reg. 341/00; and further,
3)
That City Council rescind Council Policy 1-636 -"Approval Authority- Delegation -
General Manager of Business and Planning Services".
10.
That a change to the zoning for 1762 Old Mill Road to Public Park Zone (P-l) be initiated by
the Department of Business and Planning Services immediately following the final closing sale
of the property; and further,
That the zone change be considered 'minor' under Council Policy 1-705 and preliminary
circulation be waived.
(As Amended)
11.
1)
That the timing for the construction of the proposed Wabanaki Drive Extension be
addressed during the 2001 capital budget process when the need for this road can be
fully considered and prioritized in relation to other major infrastructure requirements,
recognizing the need to implement a second means of access to the Hidden Valley
Community for the safety of the residents; and,
2)
That Council immediately lift the 15 building permit cap on the Bridle Path Estates
subdivision, subject to all of the following:
AUGUST 28, 2000
COUNCIL MINUTES
- 410 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
a)
The Wabanaki Drive Extension between Fairway Road and Hidden Valley Road
being constructed at no cost to the City and subsequently barricaded at both ends
and used as a temporary emergency access to the Hidden Valley Community until
the balance of the Wabanaki Drive Extension between Hidden Valley Road and
Goodrich Drive is completed by the City and opened to public vehicular traffic;
b)
Vace Investments Inc. immediately providing the City of Kitchener with an
irrevocable letter of credit in the amount of $620,000., being the estimated amount
for the construction of the permanent Wabanaki Drive Extension between Fairway
Road and Hidden Valley Road in accordance with the Environmental Assessment
Study, including legal and engineering costs; and,
c)
In 2001, prior to the commencement of construction, the above letter of credit be
exchanged for payment by Vace Investments Inc. of the full final tendered cost of
the permanent Wabanaki Drive Extension between Fairway Road and Hidden Valley
Road in accordance with the Environmental Assessment Study, including legal and
engineering costs; and,
3)
That the Hidden Valley Residential Community Plan be amended by deleting Policy
3.3.5 and replacing it with the following revised Policy 3.3.5:
"3.3.5
That notwithstanding the requirements of the Limited Service Residential
designation of the Kitchener Municipal Plan, consents (severances) shall be
permitted on lots fronting onto the south leg of Hidden Valley Road within
Part 3 and Part 10 of Reference Plan 58R-6362 subject to:
a)
Implementation of one of the following routes as a second means of
access to the Hidden Valley community:
the proposed Wabanaki Drive Extension on its final alignment
from Wilson Avenue to Goodrich Drive/Hidden Valley Road, as a
two lane binder asphalt road on a four lane base, together with
storm drainage facilities; or,
ii)
a proposed Wabanaki Drive Extension on its final alignment from
Fairway Road to Goodrich Drive/Hidden Valley Road as set out in
the Wabanaki Drive Extension Class Environmental Assessment
Study and Preliminary Design Study; and,
b) inclusion of one of the above requirements in a subdivision
agreement."; and,
4)
That the Hidden Valley Residential Community Plan be amended by deleting Policy
3.7.1 and replacing it with the following revised Policy 3.7.1:
"3.7.1
That Areas 1 and 2, as shown on Hidden Valley Community Map No. 3, be
allowed to proceed subject to the following:
a)
Hidden Valley Road being upgraded to City standards from Goodrich
Drive to the bend in the road where the south and east legs meet,
(notwithstanding this, that section of Hidden Valley Road between
Goodrich Drive and Lot 2 of Plan 1519 municipally addressed 1084
Hidden Valley Road, need only be improved to a condition
acceptable to the Department of Public Works);
b)
implementation of one of the following routes as a second means of
access to the Hidden Valley community:
AUGUST 28, 2000
COUNCIL MINUTES
-411 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
construction of the proposed Wabanaki Drive Extension on its
final alignment from Wilson Avenue to Goodrich Drive/Hidden
Valley Road, as a two lane binder asphalt road on a four lane
base, together with storm drainage facilities; or,
ii)
a proposed Wabanaki Drive Extension on its final alignment
from Fairway Road to Goodrich Drive/Hidden Valley Road as
set out in the Wabanaki Drive Extension Class Environmental
Assessment Study and Preliminary Design Study; and
c)
inclusion of one of the requirements in (b) above in a subdivision
agreement.
Notwithstanding the above, Area 2 shall also be subject to the
upgrading of the east leg of Hidden Valley Road to City standards
between the bend in the road to the northernmost boundary of the
Estate Residential designation as shown on Community Plan Map
No. 1. Further, should Area 2 be developed prior to Area 3, then
Area 2 shall also be subject to the upgrading of the east leg of
Hidden Valley Road in front of Lots 15 and 16 of Plan 1523 (668
and 672 Hidden Valley Road respectively) to ensure adequate sight
lines of the affected driveways for vehicles coming over the existing
hill on Hidden Valley Road. This work shall be completed at the
expense of the developer and to the satisfaction of the Department
of Public Works.
12.
That Demolition Control Application DC 00/4/B/ZJ (George and Irene Doerr) requesting
approval of the demolition of the vacant residential building at 223 Breithaupt Street, legally
described as Part of Lots 232 and 233, Registered Plan 376, be approved.
It is the opinion of this Committee that approval of this application is proper planning for the
City.
13.
A. That Council's decision of December 11, 1989 pertaining to Demolition Control
Application DC 89/3NL [Central Meat Market (Kitchener) Ltd.] be rescinded.
That Demolition Control Application DC 89/3NL (1188402 Ontario Limited) requesting
approval of the demolition of the vacant residential building at 750 King Street West,
legally described as Part of Lot 21, Registered Plan 413, and be approved subject to the
following revised condition:
1)
That a Supplementary Section 41 Development Agreement be registered on title
of the subject land including the following:
a) The addition of the new lands into the agreement; and
b) Inclusion of a Revised Site Plan.
It is the opinion of this Committee that approval of this application is proper planning for
the City.
(Dealt with under Delegations and Carried, as Amended)
COUNCIL MINUTES
AUGUST 28, 2000
- 412 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
COMMUNITY SERVICES COMMITTEE -
That the City of Kitchener supports the resolution of the Kitchener-Waterloo Barrier Free Advisory
Committee, as considered by the Community Services Committee on August 21,2000, urging the
Province of Ontario to enact a strong and effective "Ontarians With Disabilities Act" during this
term of government; and further,
That this resolution be forwarded to the Association of Municipalities of Ontario and the local
MPPs.
That the Corporation of the City of Kitchener agree, in principle, to enter into a new agreement
with Kitchener Minor Soccer and Budd Canada Inc. with respect to the operation of the future
expansion of Budd Park, as set out in staff report CSD-00-065, dated August 15, 2000; and
further,
That the new operating agreement shall not effect the current operating agreement or come into
effect until it has been drafted to the satisfaction of the City Solicitor and approved by Council.
That the 2000 grant allocation for the K-W Art Gallery be increased by $10,540. and the grant for
the K-W Symphony be decreased by $10,540.
That the City of Kitchener approve, in principle, the retention of a consultant to complete public
consultation sessions, generally as outlined in staff report CSD-00-058, dated August 14, 2000, in
relation to the new market; and further,
That a press release be issued in this regard.
FINANCE AND ADMINISTRATION COMMITTEE -
That Council approve, in principle, the request of the Kitchener Downtown Business
Association for a further expansion of the boundary of the Downtown Improvement Area to
coincide with the boundary proposed in Municipal Plan Amendment Application MP
99/06/D/JG.
That the terms of the Community Loan to J.M. Drama as approved by Council on February 14,
2000, be amended as follows: 'Term 3. - Any capital grants or donations received by J.M.
Drama for this project, in excess of $94,000., will be applied directly to reduce this loan'.
(Dealt with under Delegations and Carried)
That a 24 inch strip of sod be installed on the City owned property adjacent to the left side of
the driveway of the property municipally known as 63 Inwood Crescent; with the plantings
installed by the owner of 65 Inwood Crescent between the driveways being reduced in order to
accommodate the 24 inch strip of sod; and,
That the rock on the City owned property between the driveways at 63 and 65 Inwood
Crescent may remain in its current location; and,
That the Mayor and Clerk be authorized to execute separate encroachment agreements with
the owners of 63 and 65 Inwood Crescent with respect to their use and maintenance of the
City owned property located between their driveways, said agreement to reflect that the owner
of 63 Inwood Crescent is to be responsible for maintenance of the 24 inch sod strip, and the
owner of 65 Inwood Crescent the remainder of the City-owned property at issue, with there to
be some form of clear definition between the two areas; and further,
That the Region of Waterloo be requested to arrange with its contractor for the collection of
garbage from 63 Inwood Crescent from the sod strip located between the driveways at 63 & 65
Inwood Crescent.
(Dealt with under Delegations and Carried, as Amended)
COUNCIL MINUTES
AUGUST 28, 2000
- 413 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D)
That Council make a written request to the Alcohol and Gaming Commission for a liquor
licence inspector to be permanently assigned to the Region of Waterloo; and further,
That this resolution be forwarded to the Regional Municipality of Waterloo, the City of
Cambridge and the City of Waterloo for their endorsement.
That a by-law be prepared to provide that four Advance Voting places will be held in City Hall
between 10:00 a.m. and 6:00 p.m. on the following dates:
Thursday November 2, 2000,
Friday November 3, 2000,
Saturday November 4, 2000,
Monday November 6, 2000.
That the City of Kitchener has no objection to a Municipal Lottery Licence being issued to the
Kitchener Waterloo Gymnastics Club to hold bingos at Bingo Country, 1356 Weber Street
East, Kitchener.
That the neighbourhood of Glenwood Drive, Idlewood Drive, and Shuh Avenue be granted
permission to operate a place of refreshment at Glenwood Drive on Saturday August 26, 2000,
provided the necessary licence, including Health and Fire approval is obtained; and further,
That the Charitable Place of Refreshment licence fee of $10.00 be applicable.
That the specific projects requiring 2000 debenture funding be revised as follows: increase
debenture funding by $1,732,000. for Resurfacing of City Streets, $422,000. for the Farmers'
Market, and reduce debenture funding by $750,000. for the Children's Museum, $1,111,000.
for the Fire Training Building, $173,000. for Gaukel Street scape and $120,000. for Strange
Street Reconstruction; with the overall total debenture financing unchanged, except that the
2000 Enterprise debentures to be issued for the Doon Valley Golf Course Expansion totalling
$2,589,000. be deferred and issued in 2001.
That staff be directed to review and prepare a report relative to the provisions of the Municipal
Act to determine whether the City's current practice of paying retiring employees 100% of their
sick leave to a maximum of 6 months salary is legal, for consideration by the Finance and
Administration Committee at a future meeting.
10.
That Council consider a by-law at its meeting of August 28, 2000, authorizing the removal of
waste material from 35 Highland Road East, at the property owners expense, if this has not
been done by the owner on or before August 27, 2000.
11.
That Council take no action to oppose the application for a liquor licence by Nicole's
Restaurant, 20 Cedar Street North, Kitchener.
12.
That Council adopt the draft policies with respect to Workplace Conduct and Alternative
Dispute Resolution as attached to staff report CRPS-00-045, dated August 21, 2000, subject to
an amendment to the policy on Workplace Conduct to add the Chief Administer Officer to the
list of persons to whom an employee may report violence, threats, intimidation and other
disruptive behavior.
13.
That the amount of $820,000. be added to the Capital Budget process to fund the major
rehabilitation of bridge structures as follows: 2001 - $345,000.; 2002 - $210,000.; and 2003 -
$265,000.
COUNCIL MINUTES
AUGUST 28, 2000
- 414 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D)
14. a)
That Council consider a by-law at its meeting of August 28, 2000, amending Chapter
270 (Parks) of the Municipal Code to reflect the new maximum fine of $5,000.
b)
That Council approve the short form wording and suggested fine amounts for the
offences under Chapter 408 (Animals - Regulations) of the Municipal Code, as set out
in Schedule 'A' to staff report LEG-00-039; and further,
That the City Solicitor be authorized to submit this matter to the Regional Senior Judge
of the Ontario Court of Justice for the establishment of set fines.
c)
That Council approve the short form wording and suggested fine amounts for the
offences under Chapter 270 (Parks) of the Municipal Code, as set out in Schedule 'B' to
staff report LEG-00-039; and further,
That the City Solicitor be authorized to submit this matter to the Regional Senior Judge
of the Ontario Court of Justice for the establishment of set fines.
d)
That Council approve the short form wording and suggested set fine amounts for the
offences under Zoning By-Law 85-1 of the City of Kitchener, as set out in Schedule 'C'
to staff report LEG-00-039; and further,
That the City Solicitor be authorized to submit this matter to the Regional Senior Judge
of the Ontario Court of Justice for the establishment of set fine.
e)
That staff prepare a by-law for consideration by Council to establish short form wording
and set fine for the offence of a dog biting a human; and further,
That staff consult with the Humane Society to establish an appropriate fine for this
offence.
HERITAGE KITCHENER-
That, pursuant to Section 33 of the Ontario Heritage Act, Council approve part of the
application of the owners to alter the designated property municipal known as 73 Queen Street
North (Waterloo County Governor's House and Gaol) shown as items 2, 3, 4, 6, 8, 10 and 11
on Appendix 'A' to their alteration application dated August 9, 2000; and further,
That the owner meet with a Sub-committee of Heritage Kitchener to review items 1, 5, 7, 9, 12
and the specific design for the doors in relation to item 8, in Appendix 'A' to the alteration
application, and the Sub-committee be requested to prepare final recommendation for
consideration by Heritage Kitchener at it September 8, 2000 meeting.
That, pursuant to Section 33 of the Ontario Heritage Act, Council approve the application of the
owner to alter the designated property municipally know as 5 Maurice Street (Shantz Terrace)
as outlined in their alteration application dated July 18, 2000, subject to the owner supplying
Heritage Kitchener with details on the ventilation.
That, pursuant to Section 43 of the Ontario Heritage Act, Council approve the application of the
owner to demolish the rear addition of the property municipally know as 175 David Street
(Victoria Park Area Heritage Conservation District) and replace it with a new deck, as outlined
in their alteration application dated August 11, 2000.
PUBLIC WORKS AND TRANSPORTATION COMMITTEE -
That Council authorize an amendment to Chapter 660 of the City of Kitchener Municipal Code
to provide an exemption from the application of Section 660.2.4 for the following class of
building: single family dwellings where connections to City services can be made within 45.72
COUNCIL MINUTES
AUGUST 28, 2000
- 415 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D)
1. (Cont'd)
metres (150 feet), which have existing private sewage systems. Provided the owners satisfy
the following:
That the existing private sewage system must be inspected by a licensed sewage
system installer to confirm in writing to the Chief Building Official, that the current
sewage system is safe and is being operated and maintained in accordance with the
Building Code Act and the Building Code. 1997, c30, Sched. B.s 10(1); and,
That upon receipt of this report, the Chief Building Official will issue a letter of
acknowledgement; and,
That the existing private sewage system must continue to be maintained and inspected
to confirm that it continues to function properly to ensure that it is not an unsafe
condition under the Building Code Act; and further,
That if upon investigation, at any time, it is determined that the existing sewage system
is not functioning and performing in the manner in which it was approved or designed,
the owner shall no longer be within the exempt class and must disconnect from their
private sewage system and connect to the municipal sanitary system in accordance with
the provisions of Chapter 660.2.4 of the City of Kitchener Municipal Code."
(As Amended)
2. That the current three (3) hour on-street parking limit on Hearth Crescent remain in effect.
That parking be prohibited on the south side of Autumn Ridge Trail from Windrush Trail to a point
142 metres east of Windrush Trail, from 10:00 a.m. to 8:00 p.m., from September 2000 to
January 31, 2001; and further,
That the Uniform Traffic By-law be amended accordingly.
That Council engage the services of a private consulting firm to conduct a review of traffic in
Lower Doon and develop recommendations to address access through traffic and speeding
issues; and further,
That Council approve an unbudgeted expenditure of $30,000. to conduct the traffic review.
That Council enter into an agreement with the Waterloo Region District School Board to
operate public parking at 828 King Street West; and,
That Council enter into an agreement with the Grand River Hospital to operate public parking
at 850 King Street West; and,
That the hourly rate for these locations be established at $2.00 per hour with a $5.00 daily
maximum, 24 hours per day, 7 days per week, and a monthly rate of $50.00 per month and
that By-law 88-169 be amended accordingly; and further,
That the Mayor and Clerk be authorized to execute a Management Agreement satisfactory to
the City Solicitor with both the Waterloo Region District School Board and the Grand River
Hospital.
That the public walkway linking Fischer-Hallman Road to Larkspur Crescent, directly opposite
Forest Heights Collegiate Institute, be permanently closed; and,
That the redundant public walkway land be apportioned equally to the existing four (4) abutting
property owners at no charge to the owners; and further,
COUNCIL MINUTES
AUGUST 28, 2000
- 416 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D)
6. (Cont'd)
That funds in the amount of $18,135. be approved in order to cover the costs for the
permanent closure of the public walkway, along with the required reference plans, surveys,
advertising, etc., required for the legal closure of the public walkway.
That Council not fund the construction of noise barriers on the Conestoga Expressway; and,
That the Province of Ontario be requested to review their retrofit program and provide funding
for the construction of barriers on a priority basis, based on current policy and the greatest
need as determined by Ministry of Transportation studies.
That Council adopt the Consolidated Traffic and Parking By-Law dated August 2, 2000
replacing City of Kitchener Traffic and Parking By-Law 94-101; and further,
That the Consolidated Traffic and Parking By-Law have an implementation date of November
1, 2000.
That an Adult Crossing Guard facility be established at the intersection of Erinbrook Drive and
Rittenhouse Road (northern most intersection), and that the Operating Budget be adjusted to
reflect an over-expenditure of $2,800.; and,
That the Adult Crossing Guard facility presently located on Erinbrook Drive at the Community
Trail be relocated to the intersection of The Country Way and Erinbrook Drive; and,
That the Adult Crossing Guard facility at Marlborough Avenue at North Avenue be
discontinued effective immediately and relocated to Highland Road West at Eagen Drive, and
that the Operating Budget be adjusted to reflect an over-expenditure of $1,200.; and,
That minor changes in Duty Times be implemented for the following Adult Crossing Guard
locations:
· Forestwood Drive at McGarry Drive
· McGarry Drive at Westheights Drive
· Driftwood Drive at Westheights Drive
· Homer Watson Boulevard at Pioneer Drive; and further,
That School Route Maps be distributed to all elementary school aged children.
AUGUST 28, 2000
COUNCIL MINUTES
- 417 -
CITY OF KITCHENER
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 Licences
It was resolved:
"That a year 2000 Permanent Vendor Licence be granted to Brian Lammert for a
business to be operated at 2-808 Courtland Avenue East under the name
'Country Heritage Furniture'."
- and -
"That a year 2000 Permanent Vendor Licence be granted to Tracy Nowe-
Langfrey for a business to be operated at 104-501 Krug Street under the name
'More to Love Kids Wear'."
ii) Provincial Lottery Licence
It was resolved:
"That the City of Kitchener has no objection to a Provincial Lottery Licence being
issued to The Rotary Club of Kitchener-Westmount, 500 Hallmark Dr., Waterloo,
Ontario, N2K 3P5, to conduct a "Sports Fantasy Lottery" during September 2000
to January 2001 ."
iii) Massagist Licences- New
It was resolved:
"That the following massagists employed at 1412 Victoria St. N., Kitchener, be
granted a Massagist Licence for the year 2000:
Krista Dooling
Dannielle Medema
Viengthong Sayavongsa
Sarah Curzon."
- and -
"That Diana Mateus, employed at 808 Courtland Ave. E., Unit # 4, Kitchener, be
granted a Massagist Licence for the year 2000."
- and -
"That Tracy Duchaine and Jennifer Olinskie, both employed at 1127 King St. E.,
Kitchener, be granted Massagist Licences for the year 2000."
COUNCIL MINUTES
AUGUST 28, 2000
- 418 -
CITY OF KITCHENER
COMMITTEE OF THE WHOLE
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
2. Do,q Desi,qnation Appeal Decision
It was resolved:
"That the August 8, 2000 decision of the Dog Designation Appeal Committee regarding
an appeal filed by Kevin Cress and Kimberly Brown, wherein the Committee affirms the
Prohibited Dog designation, be ratified and confirmed."
3. Execution of Enqineerinq A,qreements
It was resolved:
"That the Mayor and Clerk be authorized to execute an agreement for the provision of
professional engineering services made between the City of Kitchener and Stantec
Consulting Ltd., regarding Laurentian Forest 3 Subdivision, Stages 3, 5 and 6, Draft
Plan 30T-95015."
- and -
"That the Mayor and Clerk be authorized to execute an agreement for the provision of
professional engineering services made between the City of Kitchener and Stantec
Consulting Ltd., regarding the River Ridge Subdivision, Stage 1, 30T-97005."
- and -
"That the Mayor and Clerk be authorized to execute an agreement for the provision of
professional engineering services made between the City of Kitchener and Stantec
Consulting Ltd., regarding the River Ridge Subdivision, State 1, 30T-98205."
4. Execution of Encroachment Aqreements
It was resolved:
"That, subject to obtaining a minor variance from the Zoning By-law, the Mayor and
Clerk be authorized to execute an encroachment agreement with the registered
owner(s) of Lot 43 according to Registered Plan 58M-4, municipally known as 66 Apple
Tree Drive, to legalize the existing driveway and to permit the widening of the bottom of
the driveway, said driveway to encroach 2 feet, more or less, onto an adjacent City
easement."
- and -
"That the Mayor and Clerk be authorized to execute an encroachment agreement with
the registered owner(s) of Part 1 on Reference Plan 58R-2490, municipally known as 17
Benton Street to permit the construction and maintenance of an exterior facade that
includes, at the second storey level, three towers, one in the northwesterly corner of the
building that will extend 2'9", more or less, over Hall's Lane and 2'9", more or less, over
the Benton Street road allowance; one in the southwesterly corner of the building that
will extend 3'9", more or less, over the Benton Street road allowance and 3'0", more or
less, over Michel Green and one in the southeasterly corner of the building that will
extend 2'9", more or less, over Michel Green."
5. Lease Aqreement
It was resolved:
"That the Mayor and Clerk be authorized to sign the Amendment Lease dated May 1,
2000, between the City of Kitchener and Kado International Inc. ('Just Between Us')
relative to the leasing of retail space at City Hall, 200 King Street West."
COUNCIL MINUTES
AUGUST 28, 2000
- 419 -
CITY OF KITCHENER
COMMITTEE OF THE WHOLE
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
6. Purchase of Properties for Road Wideninqs - Huron Road Construction Project
It was resolved:
"That the City accept the following Offers to Sell for the purpose of road widenings and
visibility triangles:
(a)
Offer to Sell dated August 14, 2000 from Marko Sop and Marcia Sop with respect
to Parts 39 and 40 on Reference Plan 58R-12556; and,
(b)
Offer to Sell dated August 17, 2000 from Huron Woods Development Corporation
with respect to Parts 20, 21, 27, 28, 32, 33, 37 and 38 on Reference Plan 58R-
12556; and further,
That the Mayor and Clerk be authorized to sign all necessary documents to effect the
above purchases."
7. Offer to Purchase - lan Cook Construction Ltd.
It was resolved:
"That Council accept the Offer to Purchase from lan Cook Construction Ltd. for Part 4
on Reference Plan 58R-9683, being a parcel of land of approximately 1.23 acres in the
Huron Business Park, at the offering price of $75,000 per acre for a total purchase price
of $92,250.; and further,
That the Mayor and Clerk be authorized to execute any necessary documentation
required by the City Solicitor."
8. Various Tenders
The tenders were dealt with under Delegations.
9. Committee of Adjustment
Submission Nos. SG 2000-004 - 879115 Ontario Limited, 508 Riverbend Drive; FN
2000-004 - Dan Valin, 36 Montrose Avenue; SG 2000-006 - Mennonite Central
Committee, 335 Lancaster Street West; SG 2000-007 - Radisson Hotel, 2960 King
Street East; FN 2000-007 - Joel & Lisa Wright - 66 Medford Street; FN 2000-008 - Jill
Barber, 31 Windrush Trail were dealt with under Delegations.
Councillor J. Ziegler raised concerns regarding Submission SG 2000-008 (McDonald's
Restaurants - 715 Ottawa Street South at Alpine Road) and requested a deferral as
well as additional information to clarify the specific nature of the application.
It was resolved:
"That consideration of Committee of Adjustment Submission No. SG 2000-008
(McDonald's Restaurants - 715 Ottawa Street South at Alpine Road) be deferred and
referred to the September 11, 2000, Finance and Administration Committee meeting,
with consideration of any recommendation arising therefrom at the special Council
meeting of the same date; and further,
That prior to the September 11, 2000 meeting, members of Council be provided with
diagrams showing the proposed sign, its placement and any visibility impact."
Council then dealt with the balance of the Committee of Adjustment submissions.
COUNCIL MINUTES
AUGUST 28, 2000
- 420 -
CITY OF KITCHENER
COMMITTEE OF THE WHOLE
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
9. Committee of Adjustment - (Cont'd)
It was resolved:
"That Council ratify and confirm the July 18, 2000 decision of the Committee of
Adjustment recommending approval of:
Submission No. SG 2000-005 - Centrefund (Kitchener) Corp.
North);
Submission No. FN 2000-006- lan Doyle (283 Grey Fox Drive)."
(1005 Ottawa Street
- and -
"That Council ratify and confirm the August 15, 2000 decision of the Committee of
Adjustment recommending approval of:
Submission No. SG 2000-009 - MTD Products Limited (61 Kent Avenue)."
10. Ratification of Aqreement with Film Companies
It was resolved:
"That Council ratify and confirm Acting C.A.O. Robert Pritchard's authority to sign the
Licensing Agreement dated July 26,2000, for the use of several city properties for
filming of the movie 'In Camera'."
- and -
"That Council ratify and confirm C.A.O. John Gazzola's authority to sign the Agreement
dated July 31, 2000 with Hoodoo Films for the use of City Hall in connection with the
filming of a music video by the band 'Fuel'."
11. Quit Claim Deed - 622 Trillium Drive
Council was in receipt of Legal Department report LEG-00-046 (J. Shivas), dated
August 24, 2000, advising that the property has complied with the restrictions as set out
and recommending execution of a Quit Claim Deed.
It was resolved:
"That on August 28, 2000 the property described as Part Lot 14, Registrar's Compiled
Plan 1471 designated as Part 16 on Reference Plan 58R-5840 and municipally known
as 622 Trillium Drive, Kitchener, complied with the restrictions set out in a Schedule to
Instrument No. 975820; and further,
That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all
rights of the City contained in paragraph 2. of a Schedule to Instrument No. 975820,
respecting Lot 14, Registrar's Compiled Plan 1471, designated as Part 16 on Plan 58R-
5840 and municipally known as 622 Trillium Drive, Kitchener."
12. Bin.qo Request- Kitchener Tournament Baseball
Council was in receipt of Corporate Services Department report CRPS-00-057 (J.
Koppeser), dated August 25, 2000, recommending the granting of permission for
Kitchener Tournament Baseball to hold bingos for a further five years.
COUNCIL MINUTES
AUGUST 28, 2000
- 421 -
CITY OF KITCHENER
COMMITTEE OF THE WHOLE
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
12. Bin.qo Request - Kitchener Tournament Baseball - (Cont'd)
It was resolved:
"That Kitchener Tournament Baseball be granted permission to continue to hold bingos
until August 31, 2005 to allow them to assist Kitchener Minor Baseball in hosting the
Ontario Midget Elimination Championships on the Civic Holiday Weekend each year."
13. Refreshment Stand Licence - Westheiqhts Brethren In Christ Church
Council was in receipt of Corporate Services Department report CRPS-00-058 (J.
Koppeser), dated August 25, 2000, recommending that permission be granted to
operate a refreshment stand at the Peter Hallman Ballyard.
It was resolved:
"That the Westheights Brethren In Christ Church, be granted permission to operate a
refreshment stand at the Peter Hallman Ballyard, Kitchener on September 23, 2000,
provided the charitable refreshment stand licence fee of $10.00 be applicable and the
necessary Licence and Health and Fire approvals are obtained."
14.
Applications for Cancellation, Refund, Reduction or Levy of Taxes - Auqust 28,
2000 Hearinq
It was resolved:
"That the applications attached hereto and forming part of these minutes relative to
cancellation, refund, reduction or levy of taxes be disposed of as recommended
therein."
15. Consent to Transfer/Quit Claim Deed - 200 Shoemaker Street
Council was in receipt of Legal Department report LEG-00-047 (J. Shivas) dated August
28, 2000, recommending consent to transfer and the execution of a Quit Claim Deed.
It was resolved:
"That subject to obtaining an occupancy certificate, the City consent to transfers of the
property described as Part Lot 2, Registrar's Compiled Plan 1478 designated as Part 4
on Reference Plan 58R-5349 and municipally known as 200 Shoemaker Street,
Kitchener from Richard Harvey and Carol Ann Wiles to 579586 Ontario Inc.; 579586
Ontario Inc. to Norseman Plastics Limited, now known as Norseman Plastics Holdings
Limited; and,
That subject to obtaining an occupancy certificate, the property described as Part Lot 2,
Registrar's Compiled Plan 1478 designated as Part 4 on Reference Plan 58R-5349 and
municipally known as 200 Shoemaker Street, Kitchener complied with the restrictions
set out in a Schedule to Instrument No. 879857 on August 28, 2000; and further,
That subject to obtaining an occupancy certificate, the Mayor and Clerk be authorized to
execute a Quit Claim Deed releasing all rights of the City contained in paragraph 2. of a
Schedule to Instrument No. 879857 respecting Part Lot 2, Registrar's Compiled Plan
1478 designated as Part 4 on Plan 58R-5349 and municipally known as 200
Shoemaker Street, Kitchener."
COUNCIL MINUTES
AUGUST 28, 2000
- 422 -
CITY OF KITCHENER
COMMITTEE OF THE WHOLE
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
16. Resi.qnation - General Manaqer of Public Works
Mayor C. Zehr advised that Mr. Ed Kovacs has accepted a position with the newly re-
organized municipality of Haldimand-Norfolk. Mayor Zehr extended Council's
appreciation for Mr. Kovacs' long years of dedicated service.
Mr. E. Kovacs advised that his last working day would be September 8, 2000 and that it
has been a pleasure working for the City of Kitchener. He indicated that it was a difficult
decision to leave the City and he is doing so with some regret. He thanked Council for
their past support.