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HomeMy WebLinkAboutCouncil Minutes - 1998-04-14COUNCIL\1998-04-14 APRIL 14, 1998 COUNCIL MINUTES CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with a rendition of "O Canada" by the Forest Heights Collegiate Institution Brass Quintet, after which Councillor G. Lorentz thanked the members of the Quintet for their performance. On motion by Councillor T. Galloway, the minutes of the regular meeting held on March 30, 1998, and special meetings held March 23, March 30 and April 6, 1998, as mailed to the Mayor and Councillors, were accepted. A. COMMUNICATION REFERRED DIRECTLY TO FILE - (1) Letter dated March 24, 1998 from Veronica Kerr, Chair, Waterloo Region District Health Council, regarding health care in Waterloo Region. Mr. L. Gordon, Manager of Purchasing, was in attendance to answer any questions regarding the tenders listed on the Committee of the Whole agenda of this date. Council was also in receipt of a report and recommendation from L. Gordon dated April 14, 1998, concerning an additional Tender T98-25, King Street East and Cedar Street reconstruction. Moved by Councillor G. Lorentz Seconded by Councillor K. Taylor-Harrison "That Tender T98-29 - Golf Carts be awarded to Club Car Inc., Cambridge, at their tendered price of $94,500.00 less $58,500.00 trade in for 20 1995 golf carts plus G.S.T. and P.S.T." -and- "That Tender T98-8, Eastforest Trail & Detweiler Greenway Extension and Turning Lane Construction on Highland Road be awarded to Subterra Waterloo Inc., at their adjusted tender price of $1,439,767.23 including G.S.T." -and- "That Expression of Interest E98-28, Consultant Services - Dressing Room Addition & Rink Slab Replacement at Wilson Arena be awarded to Sarah Lang Architect, Kitchener at an upset fee of $11,000, plus G.S.T." - and - "That Tender T98-25, King Street East (Scott to Cedar) and Cedar Street (Charles Street to King Street) Reconstruction, be awarded to 410754 Ontario Limited o/a Sousa Concrete, Branchton, Ontario, at their tendered price of $1,385,391.52 including G.S.T." Carried. Mr. Fred Standeven (Frederick Travel) and Mr. James Farwell (Pride Signs) appeared in support of Clause #6(ii) of the Committee of the Whole agenda of this date, dealing with endorsement of the Committee of Adjustment decision on Submission S 2/98 (Mikron Properties/Michael Wineberg). Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of March 31, 1998, recommending approval of Submission No. S 2/98 - Mikron Properties/Michael Wineberg - Be Ratified & Confirmed." Carried. Mr. Glen Bender appeared and circulated a written submission in regard to renovations at 843 Guelph Street. Mr. Bender advised that it was his understanding the initial renovations were intended to provide an office entrance at the front of the building; however, the installation of additional doors along the front of the building have resulted in their use for loading and unloading, which he was informed by City staff APRIL 14, 1998 COUNCIL MINUTES -191- CITY OF KITCHENER would take place at the rear of the building. Mr. Bender asked that any further changes to the building be halted pending a full review of the situation, including site plan review and the location of entrance doors and parking. He suggested that the current arrangement is unfair to adjacent residential owners. Councillor John Smola advised that the building was formerly used by a single tenant and that the site has evolved into what amounts to an industrial mall with access from the front of the individual units rather than the rear. He suggested that with the addition of exit doors on the street side, activity will likely increase and create further problems. He suggested that staff review the situation with the intention of controlling the proliferation of uses in the area, and also referred to unsafe traffic conditions in the resulting from speeding, in some cases by commercial vehicles. In response to a question from Councillor J. Haalboom, Mr. Bender suggested that he would like to see the entrances installed at the rear of the building, with the possible reconfiguration of walkways to discourage parking on the grass. Mayor C. Zehr asked Mr. T. McCabe to take the comments of the delegation under advisement and discuss these with Mr. Bender. Mr. Paul Britton, MacNaughton, Hermsen, Britton, Clarkson Planning Limited, appeared in support of Clause #1 of the Planning and Economic Development Committee report of this date, dealing with the Laurentian West Community Plan and related development. He advised that he had met with Mr. William Henhoeffer regarding his earlier concerns in regard to the impact of the configuration of the Activa development on the future development of adjacent lands. Mr. Britton submitted a sketch plan, devised in consultation with Mr. Henhoeffer, illustrating a minor adjustment to the common property limit and suggested further changes to the staff recommendation, including reference to the effect that a further public meeting would not be required prior to enacting the Zoning By-law as the changes proposed are minor in nature. Mr. T. McCabe advised that staff agree the changes are indeed minor. Councillor C. Weylie moved, and Councillor T. Galloway seconded, a motion to adopt Clause #1 of the Planning and Economic Development Committee report, including selected amendments proposed this date. In response to comments from Councillor T. Galloway, Mr. T. McCabe advised that in his estimation an amendment to Section C, Subsection 51 of Clause #1, is not required as suggested by the delegation in light of the friendly amendments submitted by Councillor C. Weylie. Councillor J. Haalboom indicated that she cannot support this type of development and asked that several sections of Clause #1 of the Planning and Economic Development Committee report of this date, involving green space, be voted on separately. Moved by Councillor C. Weylie Seconded by Councillor T. Galloway "That Section A, Subsections 3 and 6, and Section C, Subsections 64, 70, 71 79 and 86, of Clause #1 of the Planning and Economic Development Committee report of this date, be adopted." Carried. Moved by Councillor C. Weylie Seconded by Councillor T. Galloway "That the balance of Clause #1 of the Planning and Economic Development Committee report of this date be adopted, as amended." Carried. Councillor J. Haalboom referred to earlier comments made concerning the naming of an amenity in the new subdivision after Helena Feasby, and Mr. McCabe replied that Mr. Henhoeffer had offered to name a street in his future subdivision after Ms. Feasby. Moved by Councillor J. Haalboom Seconded by Councillor C. Weylie COUNCIL MINUTES APRIL 14, 1998 CITY OF KITCHENER "That a street in a future subdivision planned for the Big Springs Farms Limited lands be named after Helena Feasby." Carried. Moved by Councillor C. Weylie Seconded by Councillor T. Galloway "That the by-law to amend By-law No.85-1, known as the Zoning By-law - Activa Development Corporation - Bleams Road (95/10/L/LM), listed on the Council agenda as Clause 10(c), be given three readings this date." Carried. Mr. Martin Wasilka appeared in regard to By-law No.96-153 (Duplexing) and oral rulings given by the Ontario Municipal Board (OMB) on July 8, 1997 and February 24, 1998. Mr. Wasilka asked that Council direct staff to comply with these rulings. Mr. T. McCabe advised that the oral rulings are not law until they are received in the form of written Board Orders, something which has not occurred to date. He explained that the property owner currently has the right to obtain a building permit provided there is compliance with existing zoning. He stated that until the written O.M.B. Order is received, Council should take no action in regard to the request. Councillor J. Ziegler suggested that something may be done to compel the O.M.B. to produce the written Order and Mr. Shivas suggested that staff could contact the Board and inquire when a decision is forthcoming. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler "That staff inquire of the Ontario Municipal Board as to the status of the written Board Orders resulting from oral rulings given on July 8, 1997 and February 24, 1998, in regard to the City's Duplexing By-law." Carried. Moved by Councillor C. Weylie Seconded by Councillor T. Galloway "That the report of the Planning and Economic Development Committee of Council of this date be adopted." Councillor J. Haalboom raised concerns in regard to Clause #3 of the Planning and Economic Development Committee report of this date as it relates to site plan agreement obligations for 323 King Street East. Councillor M. Yantzi explained that, in the past, the City lands were declared surplus and offered to adjacent property owners, subject to certain site work which has never been completed. Mr. T. McCabe clarified that the offer referred to was made in August of 1994 and there was no timing for completion of the work. Councillor J. Ziegler raised concerns in regard to Clauses 8 and 9 of the Planning and Economic Development Committee report of this date, dealing with a model for restructuring of Planning and Economic Development functions and updating of the Planning and Development Department's strategic plan. He expressed particular concern with the "key initiatives" referred to in Clause #8(3) of the report relative to the strategic plan and re-organization plan for the proposed Planning Services and Economic Development Department. He stated that some of these are too costly and will require the City to expand and provide additional service at a higher cost. He asked that he be recorded as opposed to the key objectives referred to in Section 3 of Clause 8. In regard to Clause #9, Councillor J. Ziegler inquired whether it was staff's understanding that individual cost related items would come back to Council for consideration at a future date, and Mr. T. McCabe replied that changes would be made as per the individual requests and information in this regard provided at a future date. He also advised that any changes having budget implications would come back to Council for consideration in the years they are budgeted. Councillor J. Ziegler further asked that he be recorded as opposed to the strategic plan referred to in Clause #9 of the Planning and Economic Development Committee report, which he characterized as an expensive wish list, and clarified that he is APRIL 14, 1998 COUNCIL MINUTES - 193- CITY OF KITCHENER not prepared to support at this time any initiatives with dollar figures attached. The Planning and Economic Development Committee report of this date was then voted on clause by clause. Clause 1 - Dealt with under delegations and Carried, As Amended. Balance of report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee of this date be adopted." Councillor G. Lorentz noted that representatives of Robertson Amusements were in attendance this date concerning Clause #5 of the report. He stated that he has some concerns with the permission to operate a midway at Queensmount Park; however, it appears that enough controls are being put in place. Notwithstanding this, he indicated his support, with reservations, and asked that staff monitor the midway operation and report back after the May event. The report of the Community Services Committee of this date was then voted on and Carried. Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That the report of the Finance and Administration Committee of this date be adopted." Councillor Jake Smola requested a recorded vote in respect to Clause #8. The report of the Finance and Administration Committee of this date was then voted on clause by clause. Clause #8 - Carried Unanimously on a recorded vote. Balance of report - Carried. Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That the report of the Public Works and Transportation Committee of this date be adopted." Councillor T. Galloway requested, and provided wording for, a change to Clause #1 to reflect assurances that a manhole opening will not be created in the wooded area relative to locating the Middle Strasburg Creek Trunk Sanitary Sewer between Huron Road and Bleams Road. Councillor B. Vrbanovic requested that Clause #2 of the report be amended so as to give pre-budget approval this date in regard to the establishing of a Trail Bike Program for 1998, and so expedite the hiring process. Mr. J. Gazzola advised that this initiative is still included in the preliminary budget figures to be reviewed on April 16 and 20 and, on this basis, it would be appropriate to give pre-budget approval should Council wish. Councillor John Smola referred to Clause #5 of the report as it relates to implementation of Best Management Practices in the Utilities, Parks and Traffic, and Operations Divisions of the Public Works Department. Councillor Smola referred to the proposed replacement of on-call workers with a night shift program and asked that before implementing the Best Management Practices, staff submit a report outlining the difference between the existing pay rates and the proposed rates under the revised system. He questioned whether the time which will have to be spent on extensive cross-training was taken into consideration in the calculations. The Public Works and Transportation Committee report of this date was then voted on clause by clause. Clauses #1 and #2 - Carried, As Amended. Balance of report - Carried. APRIL 14, 1998 COUNCIL MINUTES - 194 - CITY OF KITCHENER Council was in receipt of a report from Ms. P. Houston, dated April 9, 1998, recommending that the City request the Province to amend its legislation to allow municipalities to issue interim tax bills in 1998 to a maximum of 75% of the previous years levy. Councillor J. Ziegler then put forward a motion, seconded by Councillor G. Lorentz, to adopt the staff recommendation which he later amended so as to request that the Province specifically consider an Order-In-Council to expedite this matter. Councillor T. Galloway referred to possible alternative methods for issuing tax bills in the event the Province does not agree to the City's request. Ms. P. Houston advised that the Province's lateness in closing the roll to allow tax billing will cost Kitchener approximately $250,000.00 per month. Councillor Galloway suggested that the motion be amended to also ask that the Province consider closing the roll for municipalities who are prepared to issue tax bills at this time and to keep it open if required by such Cities as Toronto. Councillor J. Ziegler advised that he would not accept the suggestion of Councillor Galloway as a friendly amendment. The main motion was then voted on. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That the City of Kitchener request that the Province of Ontario consider an Order-In-Council to make the necessary amendments to its legislation which would allow municipalities to issue interim tax bills to a maximum of 75% of the previous year levy, for 1998 only; and further, That this resolution be circulated to the Association of Municipalities of Ontario and the Municipal Finance Officers Association." Carried. A motion by Councillor T. Galloway, seconded by Councillor G. Lorentz, to also request that the Province consider closing the 1998 assessment roll as of April 30, 1998, to allow municipalities who are prepared to do so to issue tax bills, was voted on and Lost. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Yantzi "That Kitchener City Council hereby endorses the bid by Councillor Christina Weylie for re-election to the National Board of Directors of the Federation of Canadian Municipalities and, in the event she is elected, agrees to pay any costs associated with her attendance at Board meetings." Carried. Councillor J. Haalboom circulated copies of a publication from the Grand River Conservation Authority, dated November 1997, and entitled "State of the Grand River Watershed - Focus on Watershed Issues (1996-1997)", and indicated that any comments in regard to the publication can be made either through her or directly to the Authority. Councillor J. Haalboom referred to the Trans Canada Trail Agreement which the Grand River Conservation Authority is entering into and asked that the Parks and Recreation Department report on how City lands fit into this initiative. She noted that Mr. Peter Wetherup has been the City's liaison person in this regard. Councillor J. Haalboom referred to the City's hosting of the Community Heritage Ontario Conference, and her assumption that any costs relating to City facilities and staff time would be waived. She referred specifically to an $800.00 bill she had received for set-up costs. Moved by Councillor J. Haalboom Seconded by Councillor T. Galloway "That all charges resulting from the use of City facilities and assistance by City staff in conjunction with Kitchener's hosting of the upcoming Community Heritage Ontario Conference be waived." COUNCIL MINUTES APRIL 14, 1998 - 195- CITY OF KITCHENER Carried. Moved by Councillor G. Lorentz Seconded by Councillor Jake Smola "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend Chapter 710 of the City of Kitchener Municipal Code regarding Building - Permits and Fees) (b) Being a by-law to amend By-law 85-1 known as the Zoning By-law - 913612 Ontario Limited - Pinnacle Drive - No.95/08/P/LM (c) Being a by-law to amend By-law 85-1 known as the Zoning By-law - Activa Development Corporation - Bleams Road - No.95/10/L/LM (d) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (e) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (f) 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 the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor T. Galloway as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor T. Galloway 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." Carried. Moved by Councillor Jake Smola Seconded by Councillor G. Lorentz "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to amend the City of Kitchener Municipal Code - Chapter 320 imposing a special charge on classes of buildings that impose or may impose a heavy load on the sewer or water system (By-law 98-40) (b) Being a by-law to amend Chapter 710 of the City of Kitchener Municipal Code regarding Building - Permits and Fees) APRIL 14, 1998 COUNCIL MINUTES - 196- CITY OF KITCHENER (c) (d) (e) (f) Being a by-law to amend By-law 85-1 Limited - Pinnacle Drive - No.g5/o8/P/LM (By-law No. 98-41 ) known as the Zoning By-law - 913612 Ontario (By-law No. 98-42) Being a by-law to amend By-law 85-1 known as the Zoning By-law - Activa Development Corporation - Bleams Road - No.95/10/L/LM (By-law No. 98-43) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (By-law No. 98-44) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (g) To confirm all actions and proceedings of the Council (By-law No. 98-45) (By-law No. 98-46) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned. MAYOR CLERK PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 1. A. That the Laurentian West Community Plan be amended as follows: Map A - Land Use be replaced with the attached revised Map A - Land Use, dated February 1, 1998; Appendix 1 - Transit Routes be replaced with the attached revised Appendix 1 - Transit Routes, dated February 1, 1998; Policy 5.10 be revised by replacing reference to "Street D" with "Street E", so that it reads as follows: "5.11 That the Laurentian West Community Plan recognize three significant natural resources; the Laurentian Wetlands, the Borden Wetlands and the forest on the south side of Ottawa Street between Street E and the Ontario Hydro right-of-way." Policy 5.13 be revised by replacing reference "Official Plan Policy IV. 11.xvii" to "Part 3, Policy 12.18 of the Municipal Plan" and replacing reference to "Street D" with "Street E", so that it reads as follows: "5.13 That further to Part 3, Policy 12.18 of the Municipal Plan, the woodlot on the south side of Ottawa Street west of Street D will be subject to an Environmental Impact Study to regulate the impact of any development within this area." Policy 6.11 be revised by replacing all references to "Street E" with "Street D", so that it reads as follows: "6.11 That provision be made for an east west collector road connecting Street D with Phase 3 of the Plan. This option will only be implemented if urban development is considered on the Mannheim Water Recharge Facility lands. The location of this road will be determined at the time of draft plan of subdivision adjacent to Street D." Policy 8.6 be revised by replacing reference to "Street D" with "Street E", so that it reads as follows: That notwithstanding the Open Space designation on the lands between Ottawa Street and the Laurentian Wetland east of Street E, servicing will be permitted to cross this area subject to approval by the City of Kitchener and the Grand River Conservation Authority." It is the opinion of this Committee that approval of this Amendment to the Community Plan is proper planning for the City. That Zone Change Application 95/10/L/LM (Activa Development Corporation) requesting a change in zoning from Agricultural Zone (A-l) according to By-law 85-1 to Residential Four Zone (R-4) with Special Regulation Provision 286R, Residential Three Zone (R-3) with Special Use Provision 252U and Special Regulation Provision 283R, Residential Six Zone (R-6) with Special Regulation Provision 287R, Residential Six Zone (R-6) with Special Regulation Provision 284R, Convenience Commercial Zone (C-1) with Special Use Provision 245U, Neighbourhood Institutional Zone (I-1), Public Park Zone (P-l), Hazard Land Zone (P-3), Open Space Zone (P-2), Residential Six Zone (R-6) with Special Use Provision 253U, and Residential Six Zone (R-6) with Special Regulation Provision 291 R, all according to By-law 85-1, on Part of Lots 46, 47, 130, 137, 138, 139 and 140, German Company Tract, and Lot 8, Registrar's Compiled Plan 1470, be approved in the form shown in the attached Proposed By-law dated March 6, 1998, as revised April 14, 1998, to reflect minor changes to Areas 2 and 3 of the Map "1" Schedule to the Zoning By-law, subject to the Subdivision Conditions contained in recommendation (C) below. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 1. Cont'd 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. C. That Subdivision Application 30T-95015 (Activa Development Corporation) be APRIL 14, 1998 COUNCIL MINUTES - 198- CITY OF KITCI:IENER COUNCIL MINUTES APRIL 14, 1998 - 198- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL recommended to the Regional Municipality of Waterloo for draft approval, subject to the following conditions and further subject to staff making the appropriate changes to those conditions and updating the Plan of Subdivision map for which referencing of Lots and Blocks is affected by the changes this date to the boundary between Stage 5 and Stage 8: That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined on the attached Plan of Subdivision and that the following special conditions be written therein: The Subdivider covenants and agrees: 51. That the final plans for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated March 31, 1998, provided that minor amendments to said plan, acceptable to the General Manager of Planning and Development, and not affecting the numbering of any lots or blocks may be permitted without an amendment to this agreement. Any changes affecting the numbering of lots or blocks shall require an amendment to this agreement to reflect such changes. 52. That the subdivision shall be registered in thirteen stages, with Stage 1 consisting of Lots 1 to 15 inclusive and Blocks 16 to 55 inclusive; Stage 2 consisting of Blocks 1 to 7 inclusive; Stage 3 consisting of Blocks 1 to 13 inclusive; Stage 4 consisting of Blocks 1 to 15 inclusive; Stage 5 consisting of Blocks 1 to 12 inclusive; Stage 6 consisting of Blocks 1 to 20 inclusive; Stage 7 consisting of Blocks 1 and 2; Stage 8 consisting of Blocks 1 to 18 inclusive; Stage 9 consisting of Blocks 1 to 36 inclusive; Stage 10 consisting of Blocks 1 to 23 inclusive; Stage 11 consisting of Blocks 1 to 25 inclusive; Stage 12 consisting of Block 1; and Stage 13 consisting of Block 1. 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) Stage 2 shall be registered concurrently with or immediately subsequent to the registration of Stage 1; c) Stages 3, 4, 12 and 13 may be registered concurrently with or in any order subsequent to the registration of Stage 1 and 2; d) Stage 5 may be registered concurrently with or at any time subsequent to the registration of Stages 2 and 3; e) Stage 6 may be registered concurrently with or at any time subsequent to the registration of Stage 3; f) Stage 7 may be registered concurrently with or at any time subsequent to the registration of Stage 4; g) Stage 8 may be registered concurrently with or at any time subsequent to the registration of Stage 5; h) Stage 9 may be registered concurrently with or at any time subsequent to the registration of Stage 6; PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 1. Cont'd i) Stage 10 may be registered concurrently with or at any time subsequent to the registration of either Stage 5 or Stage 6; and, APRIL 14, 1998 COUNCIL MINUTES - 199- CITY OF KITCI:IENER COUNCIL MINUTES APRIL 14, 1998 - 199- CITY OF KITCI:IENER J) REPORTS ADOPTED BY COUNCIL Stage 11 may be registered concurrently with or at any time subsequent to the registration of Stage 9; 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. 53. That Stages 2 to 13 inclusive shall not be registered, until such time as the City's General Manager of Planning and Development is in receipt of a letter from the Regional Municipality of Waterloo, indicating that the physical and financial resources for the construction of Fischer-Hallman Road, from its present terminus at Activa Avenue through to Westmount Road, together with the re-alignment of Westmount Road at its intersection with Fischer-Hallman Road, have been secured, and the tender for construction has been awarded, all to the satisfaction of the Regional Municipality of Waterloo. 54. That the City Solicitor shall arrange for a By-law to be presented to Council, to open 0.3 metre reserve Block 21 in Registered Plan 58M-15 at the southerly terminus of Activa Avenue, as "public highway", at such time as Stage 1 of this Plan has been registered and Activa Avenue and David Bergey 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. To submit a Lot Grading and Drainage Control Plan for approval of the General Manager of Public Works, in consultation with the City's Department of Parks and Recreation, the Regional Municipality of Waterloo, Ontario Hydro and the Grand River Conservation Authority, prior to the City's release of each stage of the Subdivision Plan for registration. 56. That prior to any grading or construction on the site and prior to the City's release of each stage of the Plan for registration, to submit for the approval of the General Manager of Public Works, in consultation with the City's Department of Parks and Recreation, the Regional Municipality of Waterloo and the Grand River Conservation Authority, a detailed engineering design for storm water management in accordance with the approved concept plan. Said engineering design shall include an erosion and siltation control plan indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction. The Subdivider further agrees to implement all required measures as outlined in the approved final design. 57. That landscape plans of the stormwater management facilities be approved by the General Manager of Parks and Recreation prior to the registration of the appropriate stages of the Plan of Subdivision. All landscaping of areas above the 5 year storm level shall be installed at the Subdivider's cost, in accordance with the approved plan, during the first planting season after occupancy of the first unit. The remainder of the planting shall commence at such time as required by the General Manager of Parks and Recreation. 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. 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 a public access(s) detailing the purpose of the pond, telephone number for further information and any other relevant information, to be approved by the General Manager of Parks and Recreation. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 1. Cont'd 59. That the names of the streets within the Plan shall be those shown on the Plan of Subdivision. APRIL 14, 1998 COUNCIL MINUTES - ~00- CITY OF KITCI:IENER COUNCIL MINUTES APRIL 14, 1998 - ~00- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL 60. That construction traffic to and from the proposed subdivision shall be restricted to using Activa Avenue/David Bergey Drive to Ottawa Street and Activa Avenue/Bridlewreath Street/Donnenwerth Drive to Bleams Road. The Subdivider agrees to advise all relevant contractors, builders and other persons of this requirement with the Subdivider being responsible for any signage, where required, all to the satisfaction of the Director of Traffic and Parking Services. 61. 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, with the following exceptions: a) Yarrow Court, which shall only require a sidewalk along the northeast side between Activa Avenue and Walkway Block 22 (Stage 10); b) Peach Blossom Court, which shall require a sidewalk along the north side between Peach Blossom Crescent and Block 13 (Stage 4), and, along the south side across the frontage of Block 7 (Stage 4) and along the flankage of Blocks 6 and 8 (Stage 4); and c) Red Clover Court, Red Clover Crescent, Bridlewreath Court, Snowdrop Court, Sweet William Street and Wisteria Court, for which no sidewalks shall be required. 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 31 (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 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 Community Planning, Development and Design; 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; PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 1. Cont'd 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 APRIL 14, 1998 COUNCIL MINUTES - ~01- CITY OF KITCI:IENER COUNCIL MINUTES APRIL 14, 1998 CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL 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) Block 30 for public park purposes; b) Blocks 31 and 32 for open space purposes; c) Blocks 33, 34 and 35 for storm water management purposes; and d) Blocks 40 through 55 inclusive, for 0.3 metre reserves. STAGE 3 e) Blocks 12 and 13 for 0.3 metre reserves. STAGE 4 f) Blocks 15 and 16 for 0.3 metre reserves. STAGE 5 g) Blocks 10, 11 and 12 for 0.3 metre reserves. STAGE 6 h) Blocks 18, 19 and 20 for 0.3 metre reserves. STAGE 7 i) Block 2 for open space purposes. STAGE 8 j) Block 18 for 0.3 metre reserve. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 1. Cont'd STAGE 9 APRIL 14, 1998 COUNCIL MINUTES - ~0~- CITY OF KITCI:IENER COUNCIL MINUTES APRIL 14, 1998 CITY OF KITCI:IENER 66. REPORTS ADOPTED BY COUNCIL k) Blocks 33 through 36 inclusive, for 0.3 metre reserves. STAGE 10 I) Block 20 for storm drainage and sanitary sewer purposes; and m) Block 23 for 0.3 metre reserve. STAGE 11 n) Blocks 20, 21 and 22 for open space purposes; and o) Blocks 24 and 25 for 0.3 metre reserves. To dedicate to the City of Kitchener free of encumbrance, through plan registration, the following lands for the purposes stated therein: STAGE 1 a) Blocks 36 and 37 for public walkway/storm drainage purposes; and b) Block 38 for public walkway purposes. STAGE 2 c) Block 7 for public walkway/storm drainage purposes. STAGE 3 d) Block 11 for public walkway/storm drainage purposes. STAGE 4 e) Block 12 for public walkway/storm drainage purposes. STAGE 6 f) Block 16 for public walkway/storm drainage purposes; and g) Block 17 for public walkway purposes. STAGE 8 h) Block 15, 16 and 17 for public walkway purposes. STAGE 9 i) Blocks 26 and 27 for public walkway/storm drainage purposes; j) Blocks 28 and 29 for public walkway purposes; and k) Block 30 for public walkway/emergency access purposes. STAGE 10 I) Block 21 for public walkway purposes; and m) Block 22 for public walkway/emergency access purposes. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 1. Cont'd STAGE 11 COUNCIL MINUTES APRIL 14, 1998 - ~03- CITY OF KITCI:IENER COUNCIL MINUTES APRIL 14, 1998 - 903- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL n) Block 23 for public walkway purposes. 67. To convey Block 32 (Stage 9) to the Regional Municipality of Waterloo, for lot addition purposes, at no cost and free of encumbrance, concurrently with the registration of Stage 9 of the Plan of Subdivision. 68. To convey Block 13 (Stage 4) to the City at no cost and free of encumbrance, concurrently with the registration of Stage 4 of the Plan of Subdivision, until development plans for the abutting lands to the west are approved. If such Block is not required for access purposes for the abutting lands, the City hereby declares Block 13 (Stage 4) as surplus to the City's needs and agrees to re-convey Block 13 (Stage 4) to the Subdivider without cost. 69. To convey Block 31 (Stage 9) to the City at no cost and free of encumbrance, concurrently with the registration of Stage 9 of the Plan of Subdivision, until development plans for the abutting lands to the west are approved. If such Block is not required for access purposes for the abutting lands, the City hereby declares Block 31 (Stage 9) as surplus to the City's needs and agrees to re-convey Block 31 (Stage 9) to the Subdivider without cost. 70. To install a permanent 1.2 metre high, paige wire fence or an alternate marking system to the satisfaction of the City's General Manager of Parks and Recreation along the flankage and/or rear property lines of Blocks 16 and 17 (Stage 1); Block 1 (Stage 7); Block 1 (Stage 12); and, Block 1 (Stage 13), where the above lot/block lines abut open space blocks. 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 Parks and Recreation along the boundaries of Block 31 (Stage 1), where said block abuts existing residential properties. 71. That the five percent parkland dedication required for the entire Plan of Subdivision, being 6.123 hectares, together with the deferred 0.755 hectare parkland dedication for Draft Plan of Subdivision 30T-88041, as set out in a Parkland Deferral Agreement registered as Instrument Number 1274126, and the deferred 1.222 hectare parkland dedication for Draft Plan of Subdivision 30T-94018, as set out in a Parkland Deferral Agreement registered as Instrument Number 1305799 (Registry), all representing a combined total of 8.1 hectares, shall be satisfied by the conveyance of Block 30 (Stage 1), being 7.168 hectares with the remaining 0.932 hectares of the required parkland dedication being satisfied by the acceptance of a 0.932 hectare portion of open space Block 32 (Stage 1) as parkland. The City hereby agrees, upon the conveyance of Blocks 30 and 32 (Stage 1), to release the Parkland Deferral Agreements registered as Instrument Number 1274126 and Instrument Number 1305799 (Registry) from the title of the affected lands. 72. To fill, compact and grade in both a preliminary and finished form, topsoil and seed/sod Block 30 (Stage 1) to the satisfaction of the City's General Manager of Parks and Recreation. Grading plans and implementation within Block 30 (Stage 1) 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 Stage 1 of the Plan of Subdivision or at any alternate time approved in writing by the City's General Manager of Parks and Recreation. 73. 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 1. Cont'd APRIL 14, 1998 COUNCIL MINUTES - ~04- CITY OF KITCI:IENER COUNCIL MINUTES APRIL 14, 1998 - 904- CITY OF KITCI:IENER 74. REPORTS ADOPTED BY COUNCIL That Block 28 (Stage 1) be reserved for the Waterloo District School Board. The Subdivider agrees to obtain a letter from said School Board indicating that a satisfactory agreement has been entered into with respect to the acquisition of Block 28 (Stage 1) for school purposes, to be submitted to the City's General Manager of Planning and Development, prior to the City's release of Stage 1 of the Plan of Subdivision for registration. 75. That Block 29 (Stage 1) be reserved for the Waterloo District Catholic School Board. The Subdivider agrees to obtain a letter from said Catholic School Board indicating that a satisfactory agreement has been entered into with respect to the acquisition of Block 29 (Stage 1) for school purposes, to be submitted to the City's General Manager of Planning and Development, prior to the City's release of Stage 1 of the Plan of Subdivision for registration. 76. For the development of Lotless Blocks, the Subdivider agrees to the following: a) Prior to the installation of services, 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 General Manager of Planning and Development, the General Manager of Public Works and the Commission's Engineer; b) The subdivider agrees that the following process shall apply for Part Lot Control Exemption: i) 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 General Manager of Planning and Development, the General Manager of Public Works and the Commission's Engineer; ii) that upon approval of the draft reference plan as set out in (b)(i) above, such reference plan shall be deposited in accordance with the Land Registry Act and three copies submitted to the General Manager of Planning and Development; iii) upon completion of (b)(ii) above, to receive final approval of a Part Lot Control Exemption By-law; iv) no building permits shall be issued until steps (b)(i), (b)(ii), (b)(iii) and (c)(ii) are completed and the lots and blocks are in compliance with the approved reference plan and the approved servicing and grading plans; and v) 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 (b)(i) and (b)(ii) above and the passing of another Part Lot Control Exemption By-law shall not be required. c) Notwithstanding (b)(iv) 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: i) to submit a draft reference plan for each lot or block, showing all maintenance easements and eave encroachments if the lots or blocks are PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) required 1. Cont'd proposed for zero sideyard housing, and obtain approval of the draft reference plan APRIL 14, 1998 COUNCIL MINUTES - 205- CITY OF KITCI:IENER COUNCIL MINUTES APRIL 14, 1998 - 205- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL from the General Manager of Planning and Development, the General Manager of Public Works, and the Commission's Engineer; and ii) to obtain approval of lotting plans for each lot or block illustrating lotting, service connections, street utility hardware and proposed grades, together with building envelopes and driveway locations where required, in conformity with the approved draft reference plan as set out above, from the City's General Manager of Planning and Development. 77. 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 Planning and Development which verifies that the reference plan has been deposited and the easement documents have been prepared, worded and registered to the satisfaction of the City Solicitor. 78. To identify concrete transit pads at all planned transit stop locations on the engineering servicing drawings, to the satisfaction of the City's General Manager of Public Works, prior to the City's release of each stage of the Plan of Subdivision Plan for registration. The Subdivider shall be responsible for the installation of said concrete transit pads at the time of sidewalk installation within each stage of the plan of subdivision. 79. To monitor, at its cost, the private water wells at 1643 Bleams Road opposite the Plan of Subdivision and 1904 Bleams Road abutting the Plan of Subdivision, immediately prior to development, during development, and subsequent to development for a period of one year from the date of the City's acceptance of the underground services related to Stages 8, 10 and 11. The Subdivider further agrees that if, within the stipulated monitoring timeframe, the installation of underground services or the construction of the subdivision causes the existing private wells to be impacted to the degree of being unable to provide an appropriate and adequate supply of potable water, as determined by the monitoring program, the Subdivider shall be responsible for providing a new water supply to any affected properties, either temporarily or permanently as the case may be, to the satisfaction of the City's General Manager of Public Works. 80. 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 Bleams Road (Regional Road 56). Said planting strip is to be developed at the Subdivider's cost in accordance with plans/drawings approved by the City's Director of Community Planning, Development and Design 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. 81. To pair all residential driveways for all housing with less than 9.0 metres of lot width which do not use the 0 metre sideyard concept within the Plan of Subdivision, where possible, in order to maximize on-street parking opportunities and boulevard landscaping areas. In this regard, prior to the issuance of building permits, the Subdivider is required to submit a plan showing lotting, building envelopes and driveway locations for all lots within the particular block, to be approved by the City's Director of Community Planning, PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 1. Cont'd APRIL 14, 1998 COUNCIL MINUTES - ~06- CITY OF KITCI:IENER COUNCIL MINUTES APRIL 14, 1998 - 906- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL Development and Design. 82. To make satisfactory arrangements with Ontario Hydro, prior to registration of Stages 9 and 11 of the Plan of Subdivision, for any required temporary or permanent fencing around the hydro facilities and for the relocation of or revisions to Ontario Hydro facilities if required as a result of the subdivision. In this regard, the Subdivider shall present a letter to the City's General Manager of Planning and Development confirming that satisfactory arrangements have been made with Ontario Hydro for the above matters, prior to the City's release of Stages 9 and 11 of the Plan of Subdivision for registration. The Subdivider further agrees to restore the right-of-way to the satisfaction of Ontario Hydro, with respect to any damage to the right-of-way resulting from construction of the subdivision. 83. To grant to Ontario Hydro, a supplemental easement to ensure that existing Ontario Hydro facilities and easements are adequately protected, with said supplemental easement to be registered on title of the affected lands prior to registration of Stage 11 of the Plan of Subdivision. 84. That the Snowdrop Crescent roadway crossings of the Ontario Hydro right-of-way be completed to the satisfaction of the City's General Manager of Public Works, in consultation with Ontario Hydro. Further, that any required alterations to Ontario Hydro facilities resulting from the Snowdrop Crescent roadway crossings, shall be at the Subdivider's expense. 85. To prepare an edge management/restoration plan, for the approval of the City's General Manager of Parks and Recreation, in consultation with the City's Director of Community Planning, Development and Design, in conjunction with the preparation of engineering drawings for the detailed design of David Bergey Drive adjacent to Block 31 (Stage 1), prior to on-site grading, the installation of services or prior to the City's release of Stage 1 of the Plan of Subdivision. 86. To erect signage along the buffer area limits associated with Blocks 31 and 32 (Stage 1) and Block 2 (Stage 7), as identified in the Environmental Implementation Report prepared for the Draft Plan of Subdivision, specifying the purpose of the buffer area, the appropriate City telephone number to call for further information, and an encouragement for homeowners to contact the City if irresponsible resource use is observed within the buffer area or natural feature. Said signage shall be erected prior to the occupancy of the first dwelling within Stage 1 and Stage 7, and the number, location and content of said signage shall be approved by, and installed to the satisfaction of, the City's General Manager of Parks and Recreation. 87. To construct a dual purpose public walkway/emergency vehicular access within Block 30 (Stage 9) and Block 22 (Stage 10), at the Subdivider's cost and to the satisfaction of the City's General Manager of Public Works, prior to the issuance of building permits for Stage 10. 88. That as part of the servicing of the Plan of Subdivision, to design, construct and ultimately remove, all to the satisfaction of the General Manager of Public Works, a temporary turning circle within Lots 14 and 15 (Stage 1). At such time as Cotton Grass Street is constructed between Activa Avenue and Copper Leaf Street within Stage 2 and is open to public vehicular traffic or Cotton Grass Street is extended easterly into Draft Plan of Subdivision 30T-96005, and, 0.3 metre reserve Block 55 (Stage 1) or 0.3 metre reserve Block 53 (Stage 1) respectively are opened by by-law, the Subdivider shall remove the temporary turning circle. The Subdivider further agrees that no building permits shall be issued for Lots 14 and 15 (Stage 1) until the temporary turning circle is removed to the satisfaction of the General Manager of Public Works. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) APRIL 14, 1998 COUNCIL MINUTES - ~07- CITY OF KITCHENER COUNCIL MINUTES APRIL 14, 1998 - ~07- CITY OF KITCHENER 1. Cont'd 89. REPORTS ADOPTED BY COUNCIL That no building permits shall be issued for Block 39 (Stage 1) until it is consolidated with Block 20 of Registered Plan 58M-15 to form viable residential lots and the temporary turning circle within Block 20 of Registered Plan 58M-15 is removed or is determined not necessary by the City's General Manager of Public Works." It is the opinion of this Committee that approval of this subdivision application is proper planning for the City. That the implementing Zoning By-law for Zone Change Application 95/10/L/LM (Activa Development Corporation) not be presented to City Council until Subdivision Application 30T-95015 has received Regional Draft Approval whereupon the amending Zoning By-law shall be presented to Council for all three readings. Alternatively, three readings of the amending Zoning By-law may be given if the City Clerk is presented with a letter from the Regional Municipality of Waterloo advising that the Region has no objections to the passing of the By-law. That Peach Blossom Court be exempted from the requirement to provide an emergency access as specified in Clause 5 of Council Policy 1-652, provided the maximum length of the cul-de-sac does not exceed 245 metres. That Copper Leaf Street/Wisteria Court be temporarily exempted from the requirements to provide an emergency access as specified in Clause 5 of Council Policy 1-652, until such time as Stage 2 of Draft Plan of Subdivision 30T-95015 is registered or Cotton Grass Street is extended easterly into Draft Plan of Subdivision 30T-96005, and a second means of access is provided. That Blue Lace Crescent and Peach Blossom Crescent be exempted from the requirement to bear the same name as the parent streets, as set out in Clause 6 of Council Policy 1-680. That as part of the General Manager of Planning and Development's acceptance of the final plans of registration, such plans take into consideration the shifting of Activa Drive in relation to the lands owned by Big Spring Farms Limited as outlined in the plan submitted by Paul Britton to Council on April 14, 1998. That with respect to the changes to the Zoning By-law made on April 14, 1998, Council consider them to be minor in nature and that no further public notice be required prior to passing the related Zoning By-law. (As Amended) That we refer the matter of sidewalk options on Ottawa Street South from Fischer-Hallman Road to Wilderness Drive to the 1998 Budget meeting of Finance and Administration Committee for further consideration. That Staff Report PD 98/43 (Site Plan Agreement Obligations - 323 King Street East) be received for information and staff be directed to provide an update on this matter at the May 11th Planning and Economic Development Committee meeting. That consideration of Planning and Development Staff Reports PD 98/38 and PD 97/80 (Revisions to Hidden Valley Residential Community Plan, Second Means of Access, Wabanaki Drive Extension) be deferred and referred to the April 27, 1998 Planning and Economic Development Committee meeting. 5. 1) That subject to the conditions set out in 2 (1) and (2) below, City Council approve Municipal Plan Amendment Application MP 96/11/P/ZJ (John & Mary Albrecht - 595 & 599 Park Street), being an amendment to: PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) APRIL 14, 1998 COUNCIL MINUTES - ~08- CITY OF KITCHENER COUNCIL MINUTES APRIL 14, 1998 - ~08- CITY OF KITCHENER 5. Cont'd REPORTS ADOPTED BY COUNCIL a) add Special Policy 16 to Section 13.7.4 (K-W Hospital Neighbourhood Secondary Plan) as follows: 16. Notwithstanding the Community Institutional designation, on lands known as 595 and 599 Park Street, a commercial parking facility shall be permitted on a temporary basis. At such time as the interim period permitting the parking facility expires, it is the intent of City Council to repeal this policy by amendment to this plan." b) amend Map 18 to add Special Policy 16, shown on Schedule 'A' attached. It is the opinion of this Committee that approval of this Amendment to the Municipal Plan is proper planning for the City. 2) That Zone Change Application ZC 96/44/P/ZJ (John and Mary Albrecht) requesting a change in zoning by adding temporary use provision 5T to the Community Institutional Zone (I-2) according to By-law 85-1, on lands legally described as Lot 7, Part of Lots 6 and 8, Registered Plan 408, be approved in the form shown in the "Proposed By-law" attached, dated September 3, 1997, subject to the following conditions being satisfied prior to any readings of the By-law by Council: (1) That a site plan application for the commercial parking facility showing parking areas and associated landscaping be submitted to and approved by the Director of Community Planning, Development and Design. (2) The owner acknowledges that condition 1 is required to be satisfied no later than seven months after Council having approved by resolution Zone Change Application 96/44/P/ZJ. In the event this resolution is not fulfilled within the seven month period, Council shall consider rescinding its zone change approval. 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 (John & Mary Albrecht -595 & 599 Park Street) to the City's Municipal Plan. That Zone Change Application ZC 97/16/D/ZJ (1090596 Ontario Inc.) be deferred and referred to the Planning and Economic Development Committee meeting of April 27, 1998 for further consideration. That the Middle Strasburg Creek Comprehensive Environmental Impact Statement, (December, 1997) be adopted by City Council for use in delineating the developable/non-developable limit of lands on the west side of Strasburg Creek, between Huron Road and Westmount Road. That the following recommendations be taken as a model for restructuring the Planning and Economic Development functions; and further, That all these matters are open for full consultation before a firm decision is made: (1) That the General Manager of Planning and Development proceed with the process outlined in Section "D" of Staff Report PD 98/48 toward developing a two year Strategic Plan for Economic Development integrated with a reorganization plan for the new "Department of Planning Services and Economic Development". (2) That prior to finalizing any reorganization plan, both the draft Strategic Plan and the detailed objectives for reorganization be presented to Planning and Economic Development Committee at its June 8, 1998 meeting for discussion, direction and referral to key stakeholders for feedback. COUNCIL MINUTES APRIL 14, 1998 - ~09- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 8. Cont'd (3) That the Strategic Plan and Reorganization Plan ensure that the key objectives listed in Section "E" of Staff Report PD 98/48 be achieved. (4) That the recommended Final Strategic Plan and Reorganization Plan be presented to Planning and Economic Development Committee at its June 22, 1998 meeting for endorsement. (5) That during the interim period between the retirement of the present Director of Economic Development on April 30, 1998 and the implementation of the new Reorganization Plan, Jane Jantzi be appointed Acting Manager of Economic Development, reporting to the Chief Administrative Officer. That in accordance with direction given at the April 6th Planning and Economic Development Committee meeting, staff update the Initiatives contained in the Strategic Plan, "Planning Tomorrow Together 1998-2002" and prepare an addendum report of these changes. 10. That the 1997 Annual Report of the Department of Planning and Development be received. 11. That the 1997 Annual Report of the Economic Development Division be received. COMMUNITY SERVICES COMMITTEE - That no action be taken on the request of the Township of Wilmot to waive the 3 month requirement for termination of its agreement with the City of Kitchener for specialized fire protection, and further, That Council express its disappointment that the Township of Wilmot has chosen to terminate this agreement and obtain this service elsewhere. That we endorse the Public Art Collection Management Plan, as presented to the Community Services Committee on April 6, 1998 and authorize the Manager of Arts, Culture and Events Division, or designate, as co-ordinator for its implementation, in conjunction with the Public Art Committee. That the City of Kitchener accept and acknowledge with thanks a contribution from the Kitchener Rangers Hockey Club of $32,000.00 for the 1998 budgeted rink board and glass replacement at the Kitchener Memorial Auditorium Complex, subject to this project receiving final approval through the capital budget process. That the City of Kitchener supports the bid to host the 2000 Canadian Olympic Trials for track and field, and further, That a $5,000.00 grant be allocated to the host committee in 2000 to help offset event expenses, contingent on the championship being awarded to the City of Kitchener. That Robertson Amusements be granted permission to operate a midway at Queensmount Park from May 28 - 31, 1998, provided the necessary licence, including signatures of approval, is received, and further, That Robertson Amusements shall comply with the requirements of the Public Works Department and the Regional Health Unit, and further, That Robertson Amusements shall submit proof of insurance for the midway, naming the City of Kitchener as an additional insurer, and further, COUNCIL MINUTES APRIL 14, 1998 CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 5. (Cont'd) That Robertson Amusements shall notify area residents about the midway, in accordance with Council's policy, prior to the next Council meeting, and further, That all agreements and conditions required for the operation of this midway by Robertson Amusements shall be subject to the approval of the City's Legal Department, and further, That zoning by-law enforcement be waived for the operation of a midway at Queensmount Park from May 28 - 31, 1998. FINANCE AND ADMINISTRATION COMMITTEE - That Part of Lot 5, Registered Plan 267 being a vacant lot on the east side of Arlington Blvd., be declared surplus to the City's needs for the purpose of selling a surface easement to an adjacent property owner for an emergency access across said City land to the benefit of a new residential development; and further, That the Mayor and Clerk be authorized to execute any documents as required and approved by the City Solicitor. That subject to receiving all the necessary approvals, the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor with Tom Kefalas and Jim Tsiloyannis, the operators of Mr. Sub, to permit the use of a portion of the City lands municipally known as 42 King Street West for the operation of a patio, at their expense, for the 1998 season and for a fee of $200.00; and further, That the above is subject to a 30 day removal notice which will only be applicable after October 31, 1998. That consideration of the request of the Kitchener Pioneer Lions Club for permission to sell media bingo cards in Kitchener be further deferred and referred to the April 27, 1998 meeting of the Finance and Administration Committee, with any recommendation arising therefrom to be ratified at the special Council meeting of the same date. That the Manager of Licensing be granted authority to approve requests for "Not for Profit Refreshment Stands" provided the Stand will be located on private property at a location previously approved by Council, and that the group has also received prior Council approval; and further, That if an application is received requesting a stand to be located on City property, the application be referred to Council for direction. That the Shrine Circus, Box 2410, 2300 Yonge Street, Suite 601, Toronto, be granted permission to operate a Big Top Circus on June 11 & 12, 1998 on the parking lot of the Concordia Club, 429 Ottawa Street South, provided the necessary licence, including the signatures of approval, is obtained and the surrounding residents have been notified of this event; and, That arrangements satisfactory to the Public Works Department be made for collection of garbage at no cost to the City, and a building permit obtained for the tent; and further, That enforcement of the City's Zoning By-law be waived for this event. That Council approve an application from Reitex Inc. on behalf of the owner, Canada Trust, for a grant-in-lieu of building permit fee in the amount of $1,428.75 under the Downtown Financial Incentive Program for renovations to 55 King Street West. COUNCIL MINUTES APRIL 14, 1998 CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) That the City Solicitor prepare a by-law to amend Chapter 710 (Building-Permits and Fees) of the City of Kitchener Municipal Code to reflect the City's assuming the review, approval and administration of private sewage systems; and further, That a new class of permit entitled "Sewage System Works" be established and the following schedule of fees approved: · installation of a new sewage system $300.00 · major repair $150.00 · minor repair $ 50.00. That no action be taken at this time in regard to a possible increase in the 1998 water and sewage rates, with further discussion on this matter to take place at a later date. That as part of the Accelerated Energy Management Program proposed from 1998 to 2001, together with the maintenance of the entire Energy Management Program, the City engage the services of one, new full-time Engineer and continue to utilize the services of one co-op Engineering student per term throughout the duration of the Accelerated Program, with all related costs to be included in the Program capital cost. 10. That subject to obtaining the necessary licence, Heritage Kitchener be granted permission to hold a Temporary Retail Market at Kitchener City Hall from May 29 to May 30, 1998, and that a reduced fee of $10.00 be applicable. 11. That during the comprehensive review of current Licensing By-laws, staff inform affected citizens prior to any proposed changes being considered by Council, and that in all instances a breakdown be provided as to the rationale for any fee and the costs it is intended to offset. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That Council approve recommended Alignment '6B' as the preferred location of the Middle Strasburg Creek Trunk Sanitary Sewer between Huron Road and Bleams Road, subject to all documentation being amended to include assurances that a manhole opening will not be created in the wooded areas, and further, That the Schedule 'B' Class Environmental Assessment Study Report for this project be filed with the City Clerk for the mandatory 30 day public review period. (As Amended) That pre-budget approval be given to establishing a Trail Bike Program to run from May 1 through October 12, 1998. (As Amended) That, subject to a complete review if complaints are received from area residents, the City of Kitchener and its contractors be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener's Municipal Code, Article 6 - Construction Work, during the construction of all underground services and related work for the extension of Eastforest Trail within the intersection of Highland Road and Westheights Drive (north intersection) from May 6 through to May 22, 1998. 4. That Tender T98-13 not be awarded, and further, That re-engineering of this project be carried out as detailed in Proctor and Redfern Limited's letter of March 30, 1998, and further, APRIL 14, 1998 COUNCIL MINUTES -~1~- CITY OF KITCHENER COUNCIL MINUTES APRIL 14, 1998 CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) 4. (Cont'd) That the City acquire the property known municipally as 135-137 Victoria Street South, and further, That the project be re-tendered for construction in early 1999 and the requirement for any additional funding be reviewed as part of the 1999 Capital Budget process. That, consistent with Council's resolution of September 22, 1997 respecting implementation of Best Management Practices, the Utilities, Parking & Traffic and Operations Divisions of the Public Works Department enact the Best Management Practices outlined in this report with the objective of realizing approximately $259,000.00 of annualized savings, and further, That the Department of Public Works be instructed to carry out a cost benefit analysis regarding the repair of water meters versus their complete replacement with a report in this regard to be submitted to the Public Works and Transportation Committee by the Fall of 1998. APRIL 14, 1998 COUNCIL MINUTES - 213 - CITY OF KITCHENER COMMITTEE OF THE WHOLE BY-LAWS AS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Methane Monitorinq - Ralqreen Subdivision It was resolved: "That Council adopt the recommendations of Heath Consultants Limited regarding the Methane Monitoring Program, as outlined in their report entitled "Methane Gas Monitoring for the Ralgreen Subdivision, Kitchener, Ontario" dated June 1997, and that they be retained to complete the monitoring as outlined in their recommendations." 2. Licences It was resolved: "That the Forest Heights Community Association, c/o Forest Heights Community Centre, 429 Westheights Drive, Kitchener, Ontario, N2N 1M3, be granted permission to operate a refreshment stand at Westheights Park, Kitchener, on May 18, 1998, provided that the necessary Licence and Health approvals are obtained; and further, That the necessary permit is obtained from the Fire Prevention Office to allow for a Fireworks Display." - and - "That the following massagist be granted a massagist licence for the year 1998: Christie Haydl." - and - "That the Greek Orthodox Community of K-W be granted permission to operate a refreshment stand on their premises at 527 Bridgeport Road East, Kitchener, on June 13 & 14, 1998, provided that the necessary Fire and Health and Licence are obtained and further, that the nominal fee of $10.00 be applicable; and further, That this Festival be declared an event of "Municipal Significance" for the purpose of liquor licensing." 3. Oktoberfest Trade Dollars It was resolved: "That Kitchener-Waterloo Oktoberfest Inc. be authorized to circulate the second of a series of $2.00 silver coloured coins featuring "Founding Fathers of Waterloo County" within Kitchener from July 1, 1998 to October 31, 1998. Martin Grebenstein, the founding president of the Concordia Club, and the club's 125th anniversary, are featured on this year's coin." COUNCIL MINUTES APRIL 14, 1998 - 214 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 4. Encroachment Aqreements It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owners of Part Block 6, Registered Plan 1822, designated as Part 30 on Reference Plan 58R-9950, known as 114 Queen Charlotte Crescent, granting permission to encroach one foot (1') onto the City walkway adjacent to the easterly lot line of the said Part 30 including the construction and maintenance of two wooden fences which will encroach one foot (1'), more or less, onto the walkway." - and - "That, subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Sol-Mar Restaurant Inc. to operate a hotdog cart in front of Sol-Mar Restaurant located at 323 King Street West for the 1998 season." - and - "That, subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Go Internet Cafe to permit the use of six feet, six inches (6'6"), more or less, of sidewalk directly in front of Go Internet Cafe, located at 10 King Street East, for the operation of a sidewalk patio for the 1998 season." - and - "That, subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of The Strand to permit the use of four feet eleven inches (4'11"), more or less, of sidewalk directly in front of The Strand located at 185 King Street West, for the operation of a sidewalk deck for the 1998 season." - and - "That, subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Dandy's Restaurant to permit the use of five feet (5') of sidewalk directly in front of Dandy's Restaurant located at 85 King Street West, for the operation of a sidewalk patio for the 1998 season." - and - "That, subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Slices Restaurant to permit the operation of a hotdog cart in front of Slices Restaurant for the 1998 season and the use of eleven feet seven inches (11'7"), more or less, of sidewalk directly in front of Slices Restaurant located at 300 King Street West, for the operation of a sidewalk patio for the 1998 season." - and - COUNCIL MINUTES APRIL 14, 1998 - 215 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 4. Encroachment Agreements (Cont'd) "That, subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor with the owner(s) of Just Desserts to permit the use of seven feet six inches (7'6"), more or less, of sidewalk directly in front of Just Desserts located at 273 King Street West, for the operation of a sidewalk patio for the 1998 season." - and - "That, subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of The Alley to permit the use of eleven feet six inches (11'6"), more or less, of sidewalk directly in front of The Alley located at 215-219 King Street West, for the operation of a sidewalk patio for the 1998 season." - and - "That, subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Big City Donut to permit the use of six feet (6'), more or less, of sidewalk directly in front of Big City Donut located at 24 Gaukel Street, for the operation of a sidewalk patio for the 1998 season." - and - "That, subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Reggie's to operate a hotdog cart in front of Reggie's located at 1 King Street West for the 1998 season." - and - "That, subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Pho Nam Vietnamese Restaurant to operate a hotdog cart in front of Pho Nam Vietnamese Restaurant located at 276 King Street West for the 1998 season." Memorandum of Understandinq with Her Majesty the Queen in Riqht of Canada (Correctional Services Canada) - Unpaid Work Experience Programme It was resolved: "That the Mayor and Clerk be authorized to sign a memorandum of understanding with Her Majesty the Queen in Right of Canada to provide for an unpaid work experience programme with Grand Valley Institution for Women, with such memorandum of understanding to be satisfactory to the City Solicitor." 6. Committee of Adjustment Submissions F 12/97 and S 2~98 It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of March 31, 1998, recommending approval of Submission No. F 12/97 Stephanie Meyer - Be Ratified & Confirmed." COUNCIL MINUTES APRIL 14, 1998 CITY OF KITCI:IENER COUNCIL MINUTES APRIL 14, 1998 CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES APRIL 14, 1998 - 216 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 6. Committee of Adjustment Submissions F 12/97 and S 2/98 (Cont'd) The recommendation dealing with Committee of Adjustment Submission No. S 2/98 (Mikron Properties/Michael Wineberg) was dealt with under delegations. 7. Tenders The tenders were dealt with under delegations. 8. Appointment - Community Director - Kitchener Housinq Inc. Council was in receipt of a report from L.F. Parkhouse, Deputy City Clerk, dated April 14, 1998, requesting appointment approval. It was resolved: "That Kitchener City Council approve the appointment of Mr. David Heintz as a Community Director on the Kitchener Housing Inc. Board of Directors for a term of 3 years expiring November 30, 2000." 9. Multicultural Festival Council was in receipt of a report and recommendation from J. Koppeser, Manager of Licensing, dated April 9, 1998, concerning designation and licensing of this event. It was resolved: "That, in conjunction with the Multicultural Festival and all activities connected therewith, to be held at Victoria Park, Saturday, June 27, 1998 and Sunday, June 28, 1998, the week of June 21 to July 1, 1998 inclusive, be declared a period of Civic Celebration in the City of Kitchener and that this event be considered a 'Community Festival' within Kitchener; and further, That the Kitchener-Waterloo Multicultural Centre Inc. be granted a Temporary Retail Market licence, provided that the necessary Licence and Health and Fire approvals are obtained." 10. Raffle Tickets - Canadian Red Cross Society Council was in receipt of a report and recommendation from J. Koppeser, Manager of Licensing, dated April 9, 1998, concerning the sale of raffle tickets in the City. It was resolved: "That the City of Kitchener has no objection to the Canadian Red Cross Society, 5700 Cancross Court, Mississauga, Ontario, L5R 3E9, being granted permission to sell raffle tickets in the City of Kitchener for draws to be held at the KPMG Offices, 7000 Pine Valley Drive, Vaughan, Ontario on June 8 and June 22, 1998." 11. Liquor Licence - Oktoberfest Festhallen COUNCIL MINUTES APRIL 14, 1998 CITY OF KITCHENER COUNCIL MINUTES APRIL 14, 1998 CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Council was in receipt of a report and recommendation from J. Koppeser, Manager of Licensing, dated April 9, 1998, concerning an application for a liquor licence and related designation. It was resolved: "That the City of Kitchener has no objection to Oktoberfest Festhallen applying for a liquor licence in conjunction with K-W Oktoberfest which is being held October 9 to 17, COUNCIL MINUTES APRIL 14, 1998 - 217 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 11. Liquor Licence - Oktoberfest Festhallen (Cont'd) 1998, and that the K-W Oktoberfest be declared a period of 'Civic Celebration' in the City of Kitchener; and further, That this event be declared a 'Community Festival' within the City of Kitchener." 12. Air Cadets Scott Wilson Taq Day for Cancer Council was in receipt of correspondence from Bill Robinson, Chair, Tag Day Committee, Canadian Cancer Society, dated April 13, 1998, requesting favourable consideration of a request for permission to hold a Tag Day on April 25, 1998. It was resolved: "That approval be granted to the Royal Canadian Air Cadets to conduct its annual Air Cadets Scott Wilson Tag Day for Cancer on April 25, 1998, from 9:30 a.m. to 4:00 p.m., at the following locations: King Street, from Ontario to Frederick Streets; Ontario and Queen Streets, within one block of either side of King Street; Scott and Frederick Streets; outside of the Kitchener Farmers' Market entrances; and, outside of the Kitchener Memorial Auditorium Complex, if an event is occurring."