HomeMy WebLinkAboutCouncil Minutes - 1998-07-06COUNCIL\1998-07-06
J U LY 6, 1998
COUNCIL MINUTES
CITY OF KITCHENER
The Council of the City of Kitchener met this date with all members present.
The meeting began with the singing of "O Canada" by Shauna Taillefer.
On motion by Councillor M. Yantzi, the minutes of the regular meeting held June 15, 1998 and the special
meeting held June 22, 1998, as mailed to the Mayor and Councillors, were accepted.
A. COMMUNICATION REFERRED DIRECTLY TO FILE -
(a)
Letter from the Ministry of Energy, Science and Technology thanking Council for their
resolution requesting that the gas utility remain the responsibility of the municipality.
On motion, Council referred the correspondence from R.W. Pritchard, General Manager of Corporate
Services & City Clerk, dated June 22, 1998 concerning circulation of Council resolutions to other
municipalities to the Finance and Administration Committee meeting of August 10, 1998 for discussion.
Mr. L. Gordon, Manager of Purchasing, was in attendance to answer any questions concerning the
tenders listed on the Committee of the Whole agenda of this date.
Moved by Councillor G. Lorentz
Seconded by Councillor M. Yantzi
"That tender T98-039, Dump Trucks and Snow Plow Equipment, be awarded to Volvo Trucks
Waterloo, Waterloo, at their tendered price of $240,725., plus optional air conditioning on one unit,
G.S.T. and P.S.T."
- and -
"That tender T98-049, Closed Circuit TV Inspection of Gravity Sewers, be awarded to Uniflow Drain
Services Inc., Hamilton at their tendered price of $214,321., including all applicable taxes, subject to
a three day trial period."
- and -
"That tender T98-059, Highway Coarse Salt, be awarded to Sifto Canada Inc., Mississauga at their
tendered price of $896,220., all taxes included."
Carried.
Dr. Judy-Anne Chapman appeared on behalf of the Green Belt Neighbourhood in regard to Clause #1 of
the Public Works and Transportation Committee report of this date, concerning a reduced speed limit on
a portion of Glasgow Street. Dr. Chapman indicated her support for the lower speed limit and thanked
Council and staff for involving the neighbourhood in the process, and Councillor C. Weylie for her efforts
in accelerating project scheduling.
Moved by Councillor John Smola
Seconded by Councillor B. Vrbanovic
"That Clause #1 of the Public Works and Transportation Committee report of this date be adopted."
Carried.
Moved by Councillor John Smola
Seconded by Councillor B. Vrbanovic
"That Clause #9 of the Public Works and Transportation Committee report of this date be adopted."
Carried.
Mr. Troy Seidle and Mr. David Eby appeared concerning amendments to Chapter 408 (Animals -
Regulation) of the City's Municipal Code. Mr. Seidle advised that he is a representative of the Center for
Compassionate Living and noted that the care and welfare of animals is an issue of public concern. He
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advised that a sample municipal by-law addressing the over population of companion animals and the
regulation of exotic species will be available shortly. Mr. Eby suggested a review of City by-laws
regulating exotic animals, travelling menageries, pet shops and the population of companion animals and
Kitchener's by-laws are not as thorough in these areas as is desirable. Mr. Seidle pointed out that
Kitchener has a relatively short list of prohibited exotic and wild species and requested Council's support
in reviewing and amending the City by-laws.
Ms. L. Pasternak acknowledged that the current exotic pet by-law is quite limited, and noted that staff
have begun a review in this regard.
Moved by Councillor B. Vrbanovic
Seconded by Councillor M. Yantzi
"That Legal Department staff review the current City by-laws in regard to the protection/regulation of
animals and report to the Finance and Administration Committee within 4 months time; and further,
That Mr. Troy Seidle and Mr. David Eby be invited to attend the above Committee meeting."
Carried.
Ms. Mary O'Conner and Mr. Jeff Stager appeared on behalf of the Waterloo Federation of Agriculture to
provide background information on the Federation's work. A copy of their Fall 1997 Newsletter and an
agricultural profile of the area were circulated.
Mr. Stager explained the operation of the Federation, noting that 700 of the Region's 1,600 farms are
members. He also noted that Kitchener presently has 43 census farms on approximately 5,600 acres of
land.
Ms. M. O'Conner circulated a list of farm related issues, and welcomed dialogue with local Councils on
proposed legislation affecting farmers.
Mr. Paul Britton, MacNaughton, Hermsen, Britton, Clarkson, appeared in support of Clauses #5 and #6 of
the Planning and Economic Development Committee report of this date, and to request three readings of
the related by-laws listed on the Council agenda.
Moved by Councillor C. Weylie
Seconded by Councillor M. Yantzi
"That Clauses #5 and #6 of the Planning and Economic Development Committee report of this date
be adopted, and that three readings be given this date to the by-laws listed on the agenda as items
10(j) and 10(k)."
Carried.
Ms. Helen Lippert appeared concerning the Committee of Adjustment decision for Submission F 5/98 -
Polish National Union of Canada, listed as item B.11 on the Committee of the Whole agenda. She also
circulated correspondence dated July 6, 1998 indicating that she is representing homeowners on Louisa
Street, north of Ahrens Street. The correspondence also indicates that, subject to a more detailed
measurement, the 13 foot visibility triangle at the corner of Louisa and Ahrens Streets recommended by
the Committee would have to be reduced to 10 feet, 7¼ inches in order to accommodate the existing
gate.
Mr. Klaus Sprenger appeared concerning Submission No. F 5~98 and as the carpenter who constructed
the fence in question. He confirmed that the measurements given to the Committee of Adjustment were
not exact, and agreed with the 10 foot, 7¼ inch measurement indicated by Ms. Lippert. He asked that
Council deal with the recommendation in such a way as to allow the current gate to be retained.
Councillor John Smola pointed out that the by-law requires a 15 foot visibility triangle and indicated his
support for this rather than the 13 feet recommended by the Committee.
Mr. Dominic Posella appeared in support of Submission No. F 5/98 and Clause #2 of the Planning and
Economic Development Committee report of this date concerning an extension for fulfilling the conditions
of approval for a zone change involving the subject property.
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Mr. John Szepietowski also appeared in support of Clause #2 of the Planning and Economic
Development Committee report of this date.
Moved by Councillor John Smola
Seconded by Councillor B. Vrbanovic
"That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council,
of June 30, 1998, recommending approval of Submission No. F 5/98 - Polish National Union of
Canada - be ratified and confirmed, subject to Condition No.1 being changed to require alteration of
the existing fence so as to provide a 15 foot corner visibility triangle at the corner of Louisa Street
and Ahrens Street, with all other conditions to apply as stipulated by the Committee."
Carried.
Moved by Councillor C. Weylie
Seconded by Councillor M. Yantzi
"That Clause #2 of the Planning and Economic Development Committee report of this date be
adopted."
Carried.
Ms. Lisa Schmidt, Giesbrecht, Griffin and Funk, appeared on behalf of John and Theresa Kuzyk, and in
opposition to the Committee of Adjustment decision for Submission No. F 3/98 involving construction of a
fence on a neighbouring property. Ms. Schmidt circulated a plan drawing showing the neighbouring
fence and its impact on her client. Ms. Schmidt explained that her client's neighbour, Mr. Kampian, has
constructed an 8 foot fence between the two properties which blocks the view of the Kuzyks to the side of
their property and toward Guerin Avenue. She stated that the fence is not in compliance with the City by-
law as it is 10 feet, 6 inches from the lot line along Guerin Avenue rather than the minimum required 15
feet. She referred to the by-law requirement of a 3 foot height limit on fences in front yards, and asked
that the subject fence either be reduced to this height or a less obtrusive design used.
Councillor T. Galloway questioned whether both parties would be amenable to cutting the 90 degree
angle on the side closest to the Kuzyk property, and Ms. Schmidt replied that the Kuzyks would agree if
the angle were sufficient and the fence lowered. Councillor B. Vrbanovic commented that there is,
perhaps, a need to revisit the City by-law as it relates to corner fences abutting front yards.
Mr. Simon Kampian appeared in regard to the Committee of Adjustment recommendation for Submission
No. F 3/98 and as the owner of the subject fence. He advised that when completed, the fence would be
approximately 6 inches lower than at present and is only 1¼ feet closer to the sidewalk than required by
the by-law. He advised that he had given the Kuzyks an opportunity to discuss the fence prior to its
construction but received no response and was left with the impression that he was free to proceed as he
saw fit. Mr. Kampian advised that he would consider cutting the angle of the fence if he were allowed to
retain the current height. Mr. Kampian further explained that the contractor installed the fence without his
having approved the post locations and aligned it with the driveway on the assumption that, if the
driveway was legal, the fence would be as well.
Councillor B. Vrbanovic suggested that, where property owners are unable to reach a mutually agreeable
solution, the requirements of the by-law should be exactly followed and this would require a 15 foot
setback from the property line. Council agreed to the request from Councillor Vrbanovic that
consideration of the Committee of Adjustment recommendation be deferred until later in the meeting, to
allow him to discuss the matter further with the property owners.
Mr. Jbrg Cieslok, President - Cieslok Outdoor Limited, Toronto, appeared and requested permission to
erect a hand painted, third party advertising mural on the side facade of 48 King Street West (Mr. Sub).
Mr. Cieslok explained that he would install an aluminium frame with a vinyl surface over top of the
brickwork so as not to paint the brick itself. Mr. Cieslok explained that the sponsor for the mural would be
Budweiser, and it could have an Oktoberfest theme. He added that the artwork would be sent to the City
for approval and be amended until a satisfactory product is achieved. It was also noted that the City's by-
law does not currently permit this type of sign in the Downtown.
Mr. T. McCabe confirmed that a variance to the Sign By-law would be required, and the matter is before
Council this date due to the timing of upcoming Committee of Adjustment meetings and Mr. Cieslok's
production schedule. He added that the Planning and Development Department does not support the
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request on the basis that the proposed mural is a form of billboard advertising which is currently
prohibited in the Downtown and could revert to a standard billboard over time. Councillor T. Galloway
noted that the City presently has a Downtown Mural Program, sponsored by local commercial interests,
and questioned how this would relate to Mr. Cieslok's proposal. Mr. Cieslok responded that his proposal
would involve a similar type of mural, adding that in his view the current by-law is out-of-date and that
David Corks of the Downtown Development Team was very supportive of his proposal. In response to a
further question, Mr. Cieslok advised that the mural surface is normally guaranteed for 4 to 5 years;
however, it is generally repainted every 6 to 12 months. Councillor Vrbanovic questioned whether the
advertising content is limited to beer and liquor, and Mr. Cieslok replied that his current client is
Budweiser; however, in future it may be possible to interest other sponsors.
Ms. S. Frenette expressed concern with the proposal and indicated that the Downtown Development
Team does not support this concept as it does not differ from billboards which the City is trying to
eliminate from the Downtown. She did indicate that the Team is supportive of the current Downtown
Mural Program.
Ms. Nancy Brawley appeared on behalf of the Kitchener Downtown Business Association (K.D.B.A.) and
expressed concerns similar to those of Ms. Frenette, and questioned how the City would control or refuse
advertising after the first painting. She suggested that the current murals are purely artistic and do not
involve advertising and that the K.D.B.A. is receptive to murals based on program topics.
Mr. Tom Kefalas, owner of Mr. Sub - 48 King Street West, appeared in regard to the proposed mural. He
suggested that the current Downtown murals are no different from that proposed by Mr. Cieslok and
referred to one where the sponsors name occupies a third of the mural space.
A motion by Councillor T. Galloway, seconded by Councillor K. Taylor-Harrison, to take no action on the
request of Mr. J6rg Cieslok relative to a third party advertising billboard mural at 48 King Street West, was
voted on and LOST.
Moved by Councillor G. Lorentz
Seconded by Councillor B. Vrbanovic
"That consideration of the entire issue of third party billboard/mural advertising in the Downtown be
referred to a future meeting of the Finance and Administration Committee in conjunction with a staff
report to include the issue of legal control over the content of such advertising, as well as the
comments of the Downtown Advisory Committee and the Public Art Committee; and further,
That Mr. J6rg Cieslok, Cieslok Outdoor Limited, be advised as to the date the Committee will
consider the staff report."
Carried.
Council then resumed discussion of the Committee of Adjustment application for Submission No. F 3/98 -
Simon and Tonia Kampian.
Moved by Councillor B. Vrbanovic
Seconded by Councillor J. Ziegler
"That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council,
of June 9, 1998, recommending approval of Submission No. F 3/98 - Simon and Tonia Kampian -be
ratified and confirmed, subject to the corner of the fence on the southeasterly side of the Kampian
property being altered so as to remove two sections of fence (16 feet, more or less) running parallel
and adjacent to the Kuzyk property and closest to Guerin Avenue, and one section (8 feet, more or
less) of the fence running parallel to Guerin Avenue, with the remaining sections to be joined so as
to create an undefined angle."
Carried.
Councillor B. Vrbanovic referred to possible amendments to the City's Fence By-law, and Mr. T. McCabe
advised that this item is on the unfinished business agenda of the Planning and Economic Development
Committee.
Ms. Becky Evers appeared on behalf of Mr. S. Fahel and the J.G. Group of Companies to request an
exemption to the current policy regarding loans for Downtown improvements; in particular, the maximum
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$45,000.00 loan per proponent. Council was in receipt of a memorandum from Ms. S. Frenette dated
July 3, 1998, concerning the Facade Improvement Loan Program and the projects planned by Mr. Fahel
in the Market Village area of the Downtown.
Ms. Evers requested an exemption to allow a total loan of $90,000.00 for six separate properties in the
Market Village which have been purchased by four different companies. She pointed out that extensive
work, estimated at $300,000.00, is required to restore buildings in Market Village.
Mr. T. McCabe clarified that, to date, staff have been dealing with a single proponent, and in the past it
has been their practice to limit the amount of a loan granted to a single proponent.
Moved by Councillor K. Taylor-Harrison
Seconded by Councillor G. Lorentz
"That notwithstanding the current practice of limiting the amount and number of loans to a single
applicant under the Facade Improvement Loan Program, Council approve the application of Mr. S.
Fahel and award six loans of $15,000.00 each for each of the six properties on Moyer Place."
Carried.
Mr. Wayne Bumstead, Attorney, appeared on behalf of the Pinegrove Community Association and the
Grand Hill Community Association in regard to concerns raised by residents involving the development of
the Rivers Edge Golf Course. Mr. Bumstead circulated information concerning ground water monitoring
and the site plan application process. He advised that his clients are not opposed to the construction of a
golf course; however, they would like to have input into the process so as to ensure a development
compatible with the neighbouring residential area. He advised that residents are frustrated and anxious
concerning the project and feel that it is advancing far too rapidly. Mr. Bumstead suggested that the site
plan submitted to the City does not sufficiently address community concerns and pointed out that
significant development has already taken place on site including landscaping, grading, tree removal, as
well as road and pond construction. He noted that site plan approval has not been granted, but is
expected later this week.
Mr. Bumstead advised that the major concerns of the residents relate to the impact of construction and
irrigation on water supply, as well as possible well interference. He noted that monitoring wells were
installed in 1997 and in April of 1998 water levels in all eight wells had dropped and by June of that year
had declined by .8 to 1.2 metres. He further noted that the report of Stanley Consulting as to why the well
levels were dropping indicated that it was not related to the Pioneer Tower West development, but
indicates that the Rivers Edge construction is likely responsible for the drop in water levels since the
beginning of May, 1998.
On motion, Council agreed to extend the presentation time for this delegation.
Mr. Bumstead advised that his clients feel the site plan approval process has not given sufficient
consideration to the issue of water supply and the long term impact on neighbouring wells. Mr. Bumstead
requested the following of Council: assurance that the Community Associations will have further input
into the site plan approval process; slowing of the site plan approval process for this development in order
to allow for the assessment of groundwater data and additional testing in regard to other water related
concerns presently being undertaken by the Ministry of the Environment (M.O.E.); proper security from
the Developer in the event the wells of neighbouring residents are permanently affected or remedial
action is required; and, assurances that the comments of the Ministries of the Environment and Natural
Resources will be sought.
Mr. Bill Green, Green, Scheels, Pidgeon Planning Consultants, appeared on behalf of the developer of
the Rivers Edge Golf Course. Mr. Green pointed out that some discussions have taken place with the
Neighbourhood Associations and that Council has delegated its authority for site plan approval to staff.
He suggested that it is inappropriate for the Neighbourhood Associations to interfere in the process at this
time solely on the basis that they may not be satisfied with the outcome. Mr. Green advised that, in his
experience, this has been the most thorough site plan approval in Kitchener or the Region, and noted that
the statutory requirements for such an approval are limited to parking lots and entranceways and were
not intended to be applied to golf courses and irrigation systems. He advised that, notwithstanding earlier
comments, the M.O.E. has been a part of the discussions to date and has advised the Neighbourhood
Associations as to the procedure in the event of well interference. Mr. Green assured Council that the
process and procedures for taking water from the ground will be followed by his client to the letter, and to
date there has been water testing as required by the M.O.E.
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CITY OF KITCHENER
On motion, Council agreed to extend the presentation time for this delegation.
Mr. Green cautioned Council against accepting at face value the assumptions drawn by the Community
Associations based on the monitoring data presented this date. He further advised that all tree cutting
has been in accordance with the Region's tree cutting plan. He added that Council can be assured that a
thorough environmental analysis has been conducted and that in excess of 60% of the lands will be
retained in their natural setting. He asked that Council take no action on the request of Mr. Bumstead
and allow the site plan approval process to follow its normal course.
Councillor J. Haalboom questioned the amount of work already underway or completed on the site and
Mr. Green acknowledged this, adding that staff have advised that any pre-grading is at his clients own
risk. Councillor T. Galloway suggested that the extent of the work undertaken to date goes far beyond
pre-grading. Councillor Haalboom questioned what his client is prepared to do in the event residential
wells are affected, and Mr. Green replied that if interference can be proven, action can be taken by some
party; however, the onus is not on his client to prove interference. Councillor Galloway suggested that
residents have been told by the M.O.E. to rely on its conflict resolution system, and asked Mr. Green
whether his client is prepared to abide by conditions similar to those contained in development
agreements. Mr. Green replied that his client is not prepared to do so at this time, adding that he has
already installed pond monitoring devices to measure the amount of water withdrawn. Mr. Green clarified
that the water being taken from the ground is for irrigation purposes only and is not being consumed, and
that if pond levels diminish this water can be replenished from the Grand River. Mr. Green stated that his
client has satisfied the site plan approval requirements of the City, as well as the Grand River
Conservation Authority in regard to fill permits. He also stated that, in his view, all action to date has
been conducted based on sound environmental and engineering principles.
Mayor C. Zehr inquired as to Council's legal position, given the delegation of authority for site plan
approval to staff. Mr. T. McCabe clarified that Ms. Carla Ladd, and in her absence himself, have been
delegated authority for site plan approvals and that a by-law amendment would be required to allow
Council to intervene at this time. He added that the scope of authority is very limited and involves only
eleven items relating to site plans and conditions with some latitude relative to drainage and location. He
stated that there is nothing in the by-law concerning well interference and that this is dealt with under
Provincial legislation. Mr. McCabe advised that the approval process has taken nine months and, in his
view, was very comprehensive. Councillor T. Galloway suggested that it is dangerous to allow such
extensive work to be undertaken prior to site plan approval and questioned the limited measures taken in
regard to erosion control and Mr. McCabe replied that staff are not in a position to stop the developer. He
questioned whether only the applicant can appeal the site plan approval process and Ms. J. Given
responded that the municipality has this appeal option as well. Councillor Galloway asked whether the
municipality can require well monitoring and interference conditions as part of the site plan approval and
Ms. Given replied that there is no authority to do this under The Planning Act.
Mr. Eric Hodgins, a Hydrologist with the Regional Municipality of Waterloo was in attendance and, in
response to questions, indicated that he had reviewed the groundwater data collected by Stanley
Consultants. He referred to his concern with decreased water levels in a number of wells, and suggested
that given the depth of these wells they would not necessarily be affected by diminished rainfall during the
timeframe of the testing. He suggested that the aquifer system is very interconnected and that impacts
can accrue over significant distances. Mr. Hodgins also advised that the M.O.E. will be providing a
summary report in this regard. He also offered the opinion that, given the permeability of the sands and
gravels under the golf course lands, surface grading would not have a significant impact on the aquifer.
Mr. J. Shivas offered the opinion that it would not be prudent for the City to link the site plan approval
process to the review process of the Ministry of the Environment, as they are separate requirements. He
suggested that the municipality has to rely on the M.O.E. to exercise its jurisdiction properly. He also
indicated that this opinion would apply to deferral of the site plan approval process as well.
Mayor C. Zehr indicated that, on the basis of legal advice, he would not accept a motion from Councillor
J. Haalboom to defer the site plan approval process pending submission of a report from the M.O.E. and
to pursue the issue of requiring the developer to provide security in the event there is well interference or
disruption of the water supply.
Moved by Councillor J. Haalboom
Seconded by Councillor J. Ziegler
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"That Council support the concerns of residents in regard to possible well interference and
disruption of water supply as a result of the construction currently underway for the Rivers Edge Golf
Course, and that the Mayor's Office correspond with the Ministry of the Environment in this regard."
Carried.
Ms. Denise Strong, Walper Terrace Hotel, appeared concerning Clause #7 of the Committee of the
Whole agenda of this date concerning the Courtesy Warning Program. Council was also in receipt of a
staff report recommending the continuation of the Program which applies to Parking Infraction Notices in
the Downtown core, and outlining various staffing options.
Ms. Strong indicated that she was in attendance on behalf of the Kitchener Downtown Business
Association (K.D.B.A.) and in opposition to any requirement that the K.D.B.A. undertake Downtown
parking enforcement. She stressed the importance of the Courtesy Warning Notice and the need to
continue this initiative. Ms. Strong advised that the executive of the K.D.B.A. will review its budget to
determine if any financial contribution can be made in support of this initiative. She suggested that sub-
contracting parking enforcement in the Downtown is ill advised as it will result in a loss of control and a
resulting increase in abuse of on-street free parking.
Councillor J. Ziegler referred to an outline he had received from a private organization called Community
Patrol Services Inc., which recently offered its services to the Regional Police Board. He noted that one
City in Ontario has contracted with C.P.S. to conduct its by-law enforcement and to ensure a consistent
level of professionalism. He asked that the entire issue be deferred to allow staff to contact the company
and obtain additional information. He suggested that the issue of the continuation of the Courtesy
Warning Program could be dealt with this date in the absence of staffing considerations.
Moved by Councillor M. Yantzi
Seconded by Councillor C. Weylie
"That Council approve the continuation, on a permanent basis, of the Courtesy Warning Program for
Parking Infraction Notices issued at expired meters and time limit spaces within the Downtown
Core."
Carried.
Councillor J. Ziegler put forward a motion, seconded by Councillor G. Lorentz, that consideration of the
staffing for Downtown parking enforcement be deferred and referred to the August 10, 1998, Finance and
Administration Committee meeting to allow further information to be obtained concerning the contract
option and the services provided by Community Patrol Services Inc.
Councillor M. Yantzi indicated his scepticism over the contracting option and indicated he would not
support such a move. Councillor Jake Smola suggested that the appropriate time to discuss this matter is
during the upcoming strategic planning session. Councillor Ziegler stated that, though he may not
ultimately support this initiative, he believes that Council has an obligation to look at possible savings in
this regard.
The deferral motion by Councillor J. Ziegler, seconded by Councillor G. Lorentz, was then voted on and
LOST.
Moved by Councillor Jake Smola
Seconded by Councillor M. Yantzi
"That staffing of the Courtesy Warning Program for Parking Infraction Notices issued in the
Downtown core be in accordance with Option #2 of the report of E. Kovacs dated July 2, 1998,
involving the hiring of one full-time staff person for a total of 3 full-time staff and 4 patrols daily."
Carried.
Mr. Reynold Konrath appeared concerning a Property Standards and Lot Maintenance By-law relative to
227 Louisa Street which is proposed for three readings this date. Mr. Konrath advised that he has
removed more than half of the offending material from the site and hopes to remove the balance in a very
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short time. He asked that Council consider extending the deadline for the clean-up beyond that in the by-
law.
Councillor John Smola advised that, for his part, he is not prepared to grant a further extension as the
property has been problematic for some time and the owner has had 12 to 15 years to correct the
situation.
Mr. Larry Bernier appeared in regard to the Lot Maintenance/Property Standards By-law proposed for
three readings this date relative to 98 Weber Street East. He questioned why Council would be
considering a by-law at this time as the Courts will only hear a charge involving the property on July 8th.
Ms. L. Pasternak advised that a conviction for this property was obtained on June 11, 1997, and 4 other
properties owned by Mr. Bernier are the subject of the Court hearing on July 8th. Mr. Bernier argued that
only one property is involved, and Ms. Pasternak replied that, though there has been a merging on title,
this is not an issue in the process as the properties have separate municipal addresses. Mr. Bernier
indicated his unwillingness to remove any material from the yard and asked that Council not consider a
by-law until the Courts have ruled on July 8th.
Ms. Doris Paprocki appeared in opposition to a recent decision by the City to operate its transit service on
both sides of Greenbrook Drive. She noted that this action was taken in response to concerns raised by
residents on neighbouring streets and asked that Council direct staff to reconsider this re-routing
Councillor G. Lorentz noted that the re-routing was in response to Iow ridership in the Birchcliff Avenue
area and safety concerns. He suggested that this matter could be dealt with as part of the upcoming,
comprehensive Transit Division review expected in the Fall of this year and in conjunction with other
routing and timing changes.
Ms. Pat McLean appeared on behalf of Habitat for Humanity of Waterloo Region Inc. and in support of
Clause #1 of the Finance and Administration Committee report of this date involving a grant-in-lieu of
development charges.
Moved by Councillor J. Ziegler
Seconded by Councillor K. Taylor-Harrison
"That Clause #1 of the Finance and Administration Committee report of this date be adopted."
Carried.
Moved by Councillor C. Weylie
Seconded by Councillor M. Yantzi
"That the Planning and Economic Development Committee report of this date be adopted."
Councillor C. Weylie requested that Clause #10 be dealt with separately and put forward a motion to
amend Subsection #9 of Clause #10 so as to end the recommendation after the reference to "one-stop
shopping initiatives". The motion was not voted on as a seconder was not forthcoming.
A discussion took place concerning Clause #10 involving the re-organization of the Planning and
Development Department and Economic Development Division to form a Business and Planning Services
Department. Councillor J. Ziegler noted that the Business Facilitator positions will result in an initial
increase in cost; however, these positions will recognize inefficiencies and unnecessary red tape which
may lead to greater efficiencies and cost savings in future. Councillor M. Yantzi offered the opinion that
the proposed organizational structure is flawed and could lead to confusion and problems, noting that two
Directors are proposed in addition to a Senior Economic Development Advisor. Councillor Ziegler agreed
that the administrative structure is top heavy and suggested that placing the Advisor over one Director
would be more appropriate. Mr. T. McCabe responded that the organizational structure was designed in
consultation with stakeholders and that the position of Senior Advisor relates to comments that the City
needs an "ambassador" in the area of economic development. He noted that this Advisor would be
responsible for the overall Business Retention Program, representing the City on Canada's Technology
Triangle, performing benchmarking functions and strategic planning. He further advised that if staff
cannot obtain the right person for the role, they will not hire. He also confirmed that this position will be
open to both inside and outside staff.
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Councillor K. Taylor-Harrison noted that there is a significant difference between the conceptual diagram
previously presented to Council and the organizational structure before them this date. She advised that
she cannot support the initiative as it is extremely top heavy in the management area. Mr. T. McCabe
argued that the new structure blends various aspects of economic development and planning
responsibilities, and reminded Council that there were previously two Directors, one in the area of
Economic Development and one in Housing, Policy and Research. He suggested that this atypical
organizational structure brings together two Divisions and two strong individuals.
A recorded vote was requested.
Moved by Councillor Jake Smola
Seconded by Councillor C. Weylie
"That Clause #10, Subsection #9, of the Planning and Economic Development Committee report of
this date be amended to reflect that the elimination of increased expenditures at the rate of 25% a
year is an objective rather than a requirement."
Carried.
In Favour:
Mayor C. Zehr, Councillors C. Weylie, M. Yantzi, Jake
Smola, B. Vrbanovic and T. Galloway.
Contra:
Councillors K. Taylor-Harrison, John Smola, J.
Haalboom, J. Ziegler and G. Lorentz.
The amended Planning and Economic Development Committee report was then voted on clause by
clause.
Clauses #2, 5 & 6 - Dealt with under delegations and Carried.
Clause #10 - Subsections dealt with separately on recorded votes.
· Clause #10 (1) to (8) - Carried.
In Favour:
Mayor C. Zehr, Councillors John Smola, Jake Smola,
B. Vrbanovic, T. Galloway, G. Lorentz and C. Weylie.
Contra:
Councillors M. Yantzi, J. Ziegler, K. Taylor-Harrison, J.
Haalboom.
· Clause #10 (9) - Carried, As Amended.
In Favour:
Mayor C. Zehr, Councillors C. Weylie, John Smola,
Jake Smola, B. Vrbanovic, T. Galloway and G. Lorentz.
Contra:
Councillors K. Taylor-Harrison, M. Yantzi, J. Haalboom
and J. Ziegler.
Balance of Report - 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 inquired in regard to Clause #9 concerning the new Fire Department
Headquarters whether it was possible to move the Administration and Fire Prevention staff to City Hall for
a savings of approximately $2,000,000.00. Deputy Chief Kuntz replied that moving the staff was
addressed earlier in a report from L. Proulx and it was determined that there was insufficient space at City
Hall. He added that some of the administrative staff are also involved in training, communications,
apparatus and equipment and could not be easily transferred. Councillor Jake Smola indicated that he is
JULY 6, 1998
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not convinced that all of the current staff must be at the new Fire Headquarters. Mr. J. Gazzola added
that this option was discussed before the City Hall was built and it is physically impossible to implement
the suggestion at this time.
Councillor J. Ziegler drew Council's attention to Clause #8 of the Finance and Administration Committee
report of this date which refers a previous staff recommendation concerning the awarding of a grant-in-
lieu of building permit fee relative to the Market Square Garage to the meeting this date. It was agreed to
add the recommendation in Planning and Development Department Report PD 98/88 to the Committee
report of this date.
The report was then voted on clause by clause.
Clause #1 - Dealt with under delegations and Carried.
Clauses #8 & #9 - Carried.
Balance of Report - Carried.
Moved by Councillor G. Lorentz
Seconded by Councillor T. Galloway
"That the report of the Community Services Committee (June 22 and July 6, 1998) be adopted."
Councillor Jake Smola spoke to Clause #1 and requested a staff report on the feasibility of pro-rating
grants as an incentive to install better facilities. Councillor G. Lorentz argued that the amount proposed is
reasonable and a report is unnecessary as the City cannot afford to assist School Boards with their
recreational costs.
The report was then voted on clause by clause.
Clause #1 - Carried.
Clauses #3 and #9 - Carried, As Amended.
Balance of Report - Carried.
A motion to extend the Council meeting beyond 12:00 midnight was voted on and Carried, unanimously.
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."
Voted on Clause by Clause.
Clauses #1 and #9 - Dealt with under delegations and Carried.
Balance of Report - Carried.
Moved by Councillor J. Haalboom
Seconded by Councillor T. Galloway
"That the report of Heritage Kitchener (Local Architectural Conservation Advisory Committee) be
adopted."
Moved by Councillor C. Weylie
Seconded by Councillor B. Vrbanovic
Carried.
"That a joint City of Waterloo/City of Kitchener ad hoc committee comprised of Councillors and Staff
be struck to prepare an Expression of Interest outlining how 1999 tourism dollars should be spent,
said Expression to be submitted to both Kitchener and Waterloo Councils for consideration and
approval; and further,
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That Councillor C. Weylie and Councillor B. Vrbanovic serve on the joint Committee."
Carried.
Councillor J. Haalboom referred to curb damage which occurs during snow removal and questioned
whether the type of blade used can be changed to reduce such damage. She asked that this item be
discussed at a September, 1998 meeting of the Public Works and Transportation Committee.
Councillor J. Haalboom previously circulated the Heritage Property Report for 64-68 Margaret Avenue
(formerly 66 Margaret Avenue) and questioned whether there is any acknowledgement of the heritage
property in the site plan approval. Mr. T. McCabe replied that the City does not have such
acknowledgement in writing, and noted that there are three separate processes involved; namely, site
plan approval and the replacement housing stock; a yet to be considered demolition control application;
and, the possibility of designation under the Ontario Heritage Act.
Councillor K. Taylor-Harrison put forward a recommendation from the City-wide Youth Issues Committee
involving extended youth programs at Community Centres. She accepted, as a friendly amendment, a
suggestion by Mayor C. Zehr that the reference in the recommendation to assigning unused funds to the
Youth Funding Committee be removed at this time. It was also noted that an over-expenditure of the
approved budget would be required.
Moved by Councillor K. Taylor-Harrison
Seconded by Councillor J. Ziegler
"That Council approve a budget over-expenditure of up to $6,000.00 to extend Youth Programs at
all Community Centres by two weeks, the purpose of this expenditure being to prevent problems
from occurring at some Community Centres when they are closed by having them open longer
hours."
Carried.
Mayor C. Zehr asked that the Environmental Committee consider the possibility of a smog by-law at a
future meeting.
Council acceded to the request of Mr. L.F. Parkhouse to add an additional ten by-laws for three readings
this date, all relating to various property standards and lot maintenance infractions.
Moved by Councillor T. Galloway
Seconded by Councillor John Smola
"That leave be given the Mover and Seconder to introduce the following by-laws, namely:
(a) Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code regarding
Appointment - Staff Provincial Offences Act
(b) Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-
law Enforcement
(c) 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
(d) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor
vehicles on private property
(e) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire
routes and to prohibit parking thereon
(f)
To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street
parking of vehicles for use by physically handicapped persons, and the issuing of permits in
respect thereof
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(g) Being a by-law to provide for the establishing and laying out of parts of Windrush Trail in the
City of Kitchener
(h) Being a by-law to provide for the establishing and laying out of parts of Wilderness Drive and
Grey Fox Drive in the City of Kitchener
(i) To confirm all actions and proceedings of the Council
(J)
Being a by-law to adopt Amendment No. 15 to the Municipal Plan - Berkshire Building
Corporation - Homer Watson Boulevard and Manitou Drive
(k) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of
Kitchener- Berkshire Building Corporation - Manitou Drive and Homer Watson Boulevard
Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of
Kitchener- William H. Kaufman Inc. - Duke Street West
(m) Being a by-law to amend By-law 85-1 known as the Zoning By-law - 773424 Ontario Limited -
Old Chicopee Drive
(n)
Being a by-law to authorize the carrying out of the 2rowsions of Chapter 650 of The City of
Kitchener Municipal Code with respect to the property municipally known as 151 Lancaster
Street East, Kitchener
(o)
Being a by-law to authorize the carrying out of the 2rowsions of Chapter 665 of The City of
Kitchener Municipal Code with respect to the property municipally known as 45 King Street
West, Kitchener
(P)
Being a by-law to authorize the carrying out of the 2rowsions of Chapter 650 of The City of
Kitchener Municipal Code with respect to the property municipally known as 150 Adelaide
Street, Kitchener
(q)
Being a by-law to authorize the carrying out of the 2rowsions of Chapter 665 of The City of
Kitchener Municipal Code with respect to the property municipally known as 42 Ellen Street
West, Kitchener
(r)
Being a by-law to authorize the carrying out of the 2rowsions of Chapter 650 of The City of
Kitchener Municipal Code with respect to the property municipally known as 211 Spring Valley
Road, Kitchener
(s)
Being a by-law to authorize the carrying out of the 2rowsions of Chapter 665 of The City of
Kitchener Municipal Code with respect to the property municipally known as 122 Lancaster
Street East, Kitchener
(t)
Being a by-law to authorize the carrying out of the 2rowsions of Chapter 665 of The City of
Kitchener Municipal Code with respect to the property municipally known as 215 Frederick
Street, Kitchener
(u)
Being a by-law to authorize the carrying out of the provisions of Chapter 650 and Chapter 665
of The City of Kitchener Municipal Code with respect to the property municipally known as 98
Weber Street East, Kitchener
(v)
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 227 Louisa Street,
Kitchener
(w)
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 5 Indiana Street,
Kitchener
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
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C. Zehr appointed Councillor M. Yantzi as Chair.
On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair.
Moved by Councillor M. Yantzi
Seconded by Councillor J. Ziegler
"That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the
Committee of the Whole held this date, as attached hereto and forming part of these minutes, are
hereby adopted and confirmed."
Moved by Councillor G. Lorentz
Seconded by Councillor Jake Smola
"That the by-laws listed on the agenda for third reading, namely:
Carried.
(a) Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code regarding
Appointment - Staff Provincial Offences Act
(By-law No.98-75)
(b) Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-
law Enforcement
(By-law No.98-76)
(c) 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.98-77)
(d) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor
vehicles on private property
(By-law No.98-78)
(e) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire
routes and to prohibit parking thereon
(By-law No.98-79)
(f) To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street
parking of vehicles for use by physically handicapped persons, and the issuing of permits in
respect thereof
(By-law No.98-80)
(g) Being a by-law to provide for the establishing and laying out of parts of Windrush Trail in the
City of Kitchener
(By-law No.98-81 )
(h) Being a by-law to provide for the establishing and laying out of parts of Wilderness Drive and
Grey Fox Drive in the City of Kitchener
(By-law No.98-82)
(i) To confirm all actions and proceedings of the Council
(J)
(By-law No.98-83)
Being a by-law to adopt Amendment No. 15 to the Municipal Plan - Berkshire Building
Corporation - Homer Watson Boulevard and Manitou Drive
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CITY OF KITCHENER
(By-law No.98-84)
(k) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of
Kitchener- Berkshire Building Corporation - Manitou Drive and Homer Watson Boulevard
(By-law No.98-85)
Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of
Kitchener- William H. Kaufman Inc. - Duke Street West
(By-law No.98-86)
(m) Being a by-law to amend By-law 85-1 known as the Zoning By-law - 773424 Ontario Limited -
Old Chicopee Drive
(By-law No.98-87)
(n)
Being a by-law to authorize the carrying out of the ~rowsions of Chapter 650 of The City of
Kitchener Municipal Code with respect to the property municipally known as 151 Lancaster
Street East, Kitchener
(By-law No. 98-88)
(o)
Being a by-law to authorize the carrying out of the ~rowsions of Chapter 665 of The City of
Kitchener Municipal Code with respect to the property municipally known as 45 King Street
West, Kitchener
(By-law No.98-89)
(P)
Being a by-law to authorize the carrying out of the ~rowsions of Chapter 650 of The City of
Kitchener Municipal Code with respect to the property municipally known as 150 Adelaide
Street, Kitchener
(By-law No.98-90)
(q)
Being a by-law to authorize the carrying out of the ~rowsions of Chapter 665 of The City of
Kitchener Municipal Code with respect to the property municipally known as 42 Ellen Street
West, Kitchener
(By-law No.98-91 )
(r)
Being a by-law to authorize the carrying out of the ~rowsions of Chapter 650 of The City of
Kitchener Municipal Code with respect to the property municipally known as 211 Spring Valley
Road, Kitchener
(By-law No.98-92)
(s)
Being a by-law to authorize the carrying out of the ~rowsions of Chapter 665 of The City of
Kitchener Municipal Code with respect to the property municipally known as 122 Lancaster
Street East, Kitchener
(By-law No.98-93)
(t)
Being a by-law to authorize the carrying out of the ~rowsions of Chapter 665 of The City of
Kitchener Municipal Code with respect to the property municipally known as 215 Frederick
Street, Kitchener
(By-law No.98-94)
(u) Being a by-law to authorize the carrying out of the provisions of Chapter 650 and Chapter 665
of The City of Kitchener Municipal Code with respect to the property municipally known as 98
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Weber Street East, Kitchener
(By-law No.98-95)
(v)
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 227 Louisa Street,
Kitchener
(By-law No.98-96)
(w)
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 5 Indiana Street,
Kitchener
(By-law No.98-97)
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 -
That Zone Change Application ZC 97/38/O/JG (Dunsinnan Developments Inc.), requesting to
change the zoning from Residential Four Zone (R-4) and Open Space Zone (P-2) to Residential Six
Zone (R-6) with special regulation 282R, be approved in the form shown in the attached "Proposed
By-law", dated May 20, 1998, subject to the following conditions:
1)
That the Owner arrange for notification, by letter from the Regional Municipality of Waterloo to
the City Clerk, that all Regional requirements have been satisfied with respect to the proposed
zone change;
2)
The Owner acknowledges that the conditions are required to be satisfied no later than 7
months from the day of Council having approved by resolution Zone Change Application
97/38/O/JG. In the event this requirement is not fulfilled within the 7 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 the City's Municipal Plan.
That City Council support an extension to the deadline for fulfilling the conditions of approval for
Zone Change Application 97/12/A/ZJ (155 Ahrens Street West -Trustees of the Polish National
Union of Canada, Branch #3) to September 30, 1998.
(Dealt with under Delegations and Carried.)
That Demolition Control Application DC 98/4/Q/RM (Razaque Limited) requesting approval for the
demolition of one side of a semi-detached dwelling located at 196 Queen Street South legally
described as Part Lot 2, Plan 393 be refused.
It is the opinion of this Committee that refusal of this application is proper planning for the City.
That Demolition Control Application DC 98/3/Q/RM (Arlene Rose Howald) requesting approval for
the demolition of a semi-detached dwelling located at 202 Queen Street South legally described as
Part Lot 2, Plan 393 be refused.
It is the opinion of this Committee that refusal of this application is proper planning for the City.
That Zone Change Application ZC 97/35/D/ZJ (William H. Kaufman Inc.) requesting a change in
zoning from Warehouse District Zone (D-6) to Warehouse District Zone (D-6) with special use
provision 138U and holding provision 9H according to By-law 85-1 on lands legally described as
Part of Lot 119, Grange's Survey, North of King Street and South of the CNR, Registered Plan 374,
be approved, in the form shown in "Proposed By-law" attached, dated May 20, 1998 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.
(Dealt with under Delegations and Carried.)
A)
That City Council approve Municipal Plan Amendment Application MP 97/12/M/PB (Berkshire
Building Corporation - Homer Watson Boulevard and Manitou Drive), being an amendment to
the Municipal Plan to:
i) Amend Map 5, Land Use Plan, to redesignate lands from General Industrial to Business Park
as shown on Schedule "A" attached to the report,
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
6. Cont'd
ii) That special policy 12.23 be deleted and replaced with the following:
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REPORTS ADOPTED BY COUNCIL
"In addition to the uses permitted in the Business Park designation, the sale of religious
supplies shall also be permitted on lands described as Part 32, Registered Plan 1489 (Part 1,
58R-5097) at the northwest corner of Homer Watson Boulevard and Manitou Drive."
It is the opinion of this Committee that approval of this application is proper planning for the City.
B)
That Zone Change Application ZC 97/32/M/PB (Berkshire Building Corporation) requesting a
zone change from General Industrial (M-2) to Business Park Zone (B-3) with revised special
use provision 118U and revised special regulation provision 106R, on Part Lot 32, Registrar's
Compiled Plan 1489, more particularly described as Part 1, Plan 58R-5097, be approved in the
form shown in the revised "Proposed By-law" attached, dated June 22, 1998 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 (Berkshire Building Corporation - Homer
Watson Boulevard and Manitou Drive) to the City's Municipal Plan.
(Dealt with under Delegations and Carried.)
That Planning and Development Staff Report PD 98/81 (1997 Summary of Approvals granted
through Delegation of Approval Authority by Council to the General Manager of Planning and
Development for Plans of Subdivision and Plans of Condominium), be received for information.
That the City accept, and the Mayor and Clerk execute an Offer to Purchase dated June 19, 1998
submitted by Mitchell Plastics Limited with respect to Part 1 of Reference Plan 58R-9683 otherwise
known as Site 154 in Phase III of the Huron Business Park for a total purchase price of $180,000.
based on approximately 2.4 acres at $75,000 per acre; and further,
That the Mayor and Clerk are hereby authorized to execute any other necessary documentation
required by the City Solicitor.
That the City accept, and the Mayor and Clerk be authorized to execute, an Offer to Purchase from
lan Cook Construction Limited with respect to lands in Phase 1 of the Lancaster Corporate Centre
composed of Part 4,5, and 6 on Reference Plan 58R-10893 having approximately 40 metre frontage
and an area of about 1.15 acres on Riverbend Drive at $175,000 per acre, for a total price of
$184,000; and further,
That the deposit in the amount of $7,071.75 previously received on September 8, 1997 be applied
against the deposit price for the landsale transaction; and further,
That the Mayor and Clerk are hereby authorized to execute any other necessary documentation
required by the City Solicitor.
10.
That with regard to Planning and Development Staff Report PD 98/97 (Reorganization Framework
and Key Strategic Initiatives for Economic Development, City of Kitchener), we approve the
following:
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CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
10. Cont'd
1)
That the reorganization of Economic Development, a new Division within a
restructured/redirected Planning & Development Department be approved, in general
accordance with the reorganization framework shown in Figures 1 and 2 attached to Planning
and Development Staff Report PD 98/87.
2)
That the new name for the Planning and Development Department be the Department of
Business and Planning Services.
3) That implementation of the reorganization be carried out as follows:
a)
That recruitment commences immediately for candidates for the new 'Senior Advisor to
Economic Development', reporting to the General Manager of Business and Planning Services,
with hiring expected by October 1, 1998.
b)
That, effective immediately the positions of 'Director of Downtown and Market Research' and
'Director of Economic Development and Business Facilitation', be filled, with these individuals
working together under a co-directorship of the Division, reporting to the General Manager of
Business and Planning Services.
c)
That, effective immediately, the responsibilities of overseeing the management of the Division
of Community Planning, Development and Design, be reassigned from the 'General Manager'
to T. Brock Stanley, 'Assistant General Manager' and that any by-laws/agreements in respect
to delegated authority of such matters as site plans, condominiums, subdivisions, etc., be
changed, where referenced, from 'General Manager' to 'Assistant General Manager,
Department of Business and Planning Services'.
d) That all transfers from other Planning Department divisions to the Economic Development
Division, including one of the Business Facilitator positions are effective September 8, 1998.
e)
That, effective September 8, 1998, the existing Economic Development Technician position be
declared redundant and be immediately replaced with a new 'Economic Development Officer'
position.
f)
That the additional new positions of 'Business Facilitator' and 'Assistant Economic
Development Officer' become effective November 2, 1998 to coincide with the expected start-
up date for the new 'Business Facilitation Centre'.
g) That the new position of 'Information Clerk (Receptionist)' be hired to coincide with the date of
the physical relocation of Economic Development from the Second Floor.
h)
That, effective immediately, the two existing, full-time, contract/temporary positions of
Downtown Development Consultant (recommended to be changed to 'Economic Development
Officer') and 'Administrative Assistant' be made permanent positions.
4)
That the key strategic initiatives for the City's new economic development focus be the
development and implementation of effective systems for:
Business Retention
Business Facilitation
Downtown Revitalization
Industrial Land Strategy
Market Research/Monitoring
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
COUNCIL MINUTES
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COUNCIL MINUTES
JULY 6, 1998
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REPORTS ADOPTED BY COUNCIL
10. Cont'd
5)
That serious and expeditious consideration be given by the CAO to create a combined
Business Facilitation Centre with a Business Enterprise Centre in the main floor location
occupied by the existing Public Service Counter and the vacant space behind previously
occupied by the Information Services Division.
6)
That discussions continue between the CAO, GM of Business and Planning Services and the
GM of Public Works in respect to the matter of integrating appropriate engineering approvals
within the Business and Planning Services Department; working towards effective
decisions/solutions to coincide with the November 2, 1998 expected start-up date for the new
Business Facilitation Centre.
7)
That Council generally accept all of Team Kitchener's August 1997 recommendations as
relevant and essential to creating an effective economic development climate, consistent with
the findings and recommendations of this report, and further;
a)
that, with the exception of Items 1.4 and 1.11, all the recommendations listed under
'Stren,qthenin,q Our Local Economy' be referred to the new Economic Development Division for
review and development of action plans.
b) that Recommendation 1.4 be referred to the City's new Communications Officer for review and
development of an action plan.
c)
That Recommendation 1.11 be referred to the City's new Communications Officer and staff and
business representatives from across the region, for purposes of developing a comprehensive
tourism strategy for the region, to be completed by end of December 1998.
d)
that Team Kitchener's eleven recommendations listed under 'Establishinq Our Global Position'
and the Chamber of Commerce's comments on Business attraction be referred to the Project
Advisory Committee and Project Working Group appointed by Regional Council to pursue
implementation of an Economic Development Corporation as a 'natural evolution of the CTT'.
8)
That in order to effectively monitor and improve the City's business service delivery, Council
accept the Chamber of Commerce's offer to form a joint City of Kitchener/Chamber of
Commerce partnership to develop standards of performance measures and to monitor
performance and to continue feedback from the business community in a constructive,
accountability framework.
9)
That Mr. J. Gazzola review and advise on the functional results of the 1998 re-organization of
the Economic Development Division one year after the new Division has been in place; and
further,
That with respect to the annualized operating budget increase (currently estimated at $193,000) to
accommodate new staff salaries and benefits within the re-organized Economic Development
Division, Mr. T. McCabe be requested to develop, monitor and report annually to City Council on
efficiency reductions in staffing costs of the Department of Business and Planning Services or
staffing reductions in other Departments directly attributable to the business facilitators, or one
stop shopping initiatives, with the objective being to eliminate these increased expenditures for
increased staff costs in the Department of Business & Planning Services at the rate of 25% per
year over a 4 year period commencing in the new Division's second year of operation.
(As Amended, on a recorded vote.)
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
JULY 6, 1998
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COUNCIL MINUTES
JULY 6, 1998 - 394-
CITY OF KITCHENER
11.
REPORTS ADOPTED BY COUNCIL
That we approve, in principle, the establishment of a proposed 'Business Enterprise Centre' as
recommended by the Business and Industry Advisory Committee.
COMMUNITY SERVICES COMMITTEE -
That we approve a grant to the Queen Elizabeth Public School Playground Fundraising Committee,
in the amount of $750.00, to assist with the construction of a new creative playground facility for the
school.
That we approve a travel grant for George Sheppard, in the amount of $1,000.00, to assist with his
travel expenses to the IPC Tournament in South Africa from August 2 - 21, 1998.
That we approve a 1998 grant for the Kitchener-Waterloo Area Visitor & Convention Bureau in the
amount of $180,500.00.
(As Amended)
4. That we approve a 1998 grant to the Kitchener-Waterloo Opera in the amount of $2,500.00.
That we approve an in-kind grant for the Kitchener-Waterloo Symphony Volunteer Committee, in the
amount of $1,200.00, for the Taste of Waterloo County.
That we approve an annual grant to the Homer Watson House Foundation in the amount of
$76,685.00, and further,
That we approve an additional, one-time grant to the Homer Watson House Foundation, in the
amount of $8,315.00, to assist with new programming.
7. That we set aside $450.00 in the event that the Take Back the Night March applies for a 1998 grant.
That we approve an in-kind grant for the 1998 K-W Multicultural Festival, to a maximum of
$15,000.00.
That the 1998 Annual Grants be set at the 1997 grant amount, as presented in the report of Mr. R.
Arnot, Assistant General Manager, dated June 17, 1998, save and except for the following
organizations: Kitchener-Waterloo Opera, Kitchener-Waterloo Symphony Volunteer Committee,
Homer Watson House Foundation, K-W Multicultural Festival, Take Back the Night March, and
Kitchener Horticultural Society.
(As Amended)
10. That the Central Frederick Neighbourhood Association be awarded an in-kind grant in the amount of
$350.00 for their 1998 summer gathering.
11.
That the City of Kitchener hire specialized summer staff to work with children whose needs can not
be accommodated through regular staff and volunteers, and further,
That an "Every Kid Counts" fund be established, in partnership with the United Way, to enable
children with severe physical, developmental and behaviourial disabilities to participate in municipal
summer programs in Kitchener and Waterloo through the provision of appropriate staff support, and
further,
That should the partnership funding base deteriorate, costs of this service be incorporated into the
Parks and Recreation Department budget.
COMMUNITY SERVICES COMMITTEE - (CONT'D)
COUNCIL MINUTES
JULY 6, 1998 - 395-
CITY OF KITCHENER
COUNCIL MINUTES
JULY 6, 1998 - 395-
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
12. That Stonegate Park be renamed Freeport Park.
13.
That we approve, in principle, of Robertson Amusements Ltd. operating an outdoor amusement
enterprise at Queensmount Park in 1999 (late May or June) with the conditions of the agreement
being subject to the approval of the Legal Department, and further,
That the Department of Parks and Recreation and Kitchener Minor Hockey share equally in the net
proceeds from the event, and further,
That this approval be conditional on Robertson Amusements Ltd. meeting the City's licensing
policies and procedures and obtaining the necessary licence for this event.
14.
That a commission of $5,000.00, from the Public Art Trust Fund, be made from Mr. Ron Hewson, the
1998 Artist in Residence, consisting of a set of 10 - 12 photographs, to be used as a rotating exhibit
in the Caucus Gallery and potentially, at selected times throughout the year, in the Rotunda Gallery
and at other City facilities.
15. That Council approve additional part-time staffing hours, for the Arts, Culture and Events Division,
representing approximately $14,000.00 in 1998 (6 months) and $28,000.00 per annum in the future.
16.
That the municipalities of Kitchener and Waterloo jointly notify the Kitchener-Waterloo and Area
Visitor & Convention Bureau of our intention to terminate the funding of this organization as of
December 31, 1998.
17. That Council approve a 1998 operating grant for the Kitchener Horticultural Society in the amount of
$91,000.00; and,
That Council approve an additional one-time grant to the Kitchener Horticultural Society in 1998 of a
maximum of $15,000.00; and further,
That a working group, composed of Councillor M. Yantzi, members of staff and members of the
Kitchener Horticultural Society, be formed to review the operations and structure at Rockway
Gardens and report back to the Community Services Committee in September 1998.
HERITAGE KITCHENER (L.A.C.A.C.)
That, pursuant to Section 43 of the Ontario Heritaqe Act, we refuse the request of the owner to
demolish the designated property known municipally as 196 Queen Street South, located in the
Victoria Park Area Heritage Conservation District.
PUBLIC WORKS AND TRANSPORTATION COMMITTEE -
That the speed limit be reduced to 40 km/h on Glasgow Street, between Fischer-Hallman Road and
Belmont Avenue, and further,
That the Uniform Traffic By-law be amended accordingly, and further,
That the reduction of the speed limit on Glasgow Street, between Fischer-Hallman Road and
Belmont Avenue, to 40 km/h be reviewed after all the improvements to Glasgow Street have been
completed.
(Dealt with under Delegations and Carried.)
That the continuation of the Courtesy Warning Program be deferred and referred to the Committee
of the Whole of the Council meeting to be held on July 6, 1998, and further,
COUNCIL MINUTES
JULY 6, 1998 - 396-
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PUBLIC WORKS AND TRANSPORTATION COMMITTEE (CONT'D)
2. (Cont'd)
That staff prepare cost benefit information for that meeting dealing with the transfer of parking
enforcement to the Kitchener Downtown Business Association; the tendering out of parking
enforcement to a private enterprise; or, the continuation of the existing method of operation.
That an all-way stop be installed at the intersection of Greenfield Avenue and Traynor Avenue, and
further,
That the Uniform Traffic By-law be amended accordingly.
That a pedestrian refuge island be installed within the pedestrian crossover on Belmont Avenue,
north of Claremont Avenue; left turn lanes be provided at each intersecting street and driveway
along Belmont Avenue, between Glasgow Street and Union Boulevard; where feasible, additional
on-street parking be permitted on the east side of Belmont Avenue; and, through the above
measures, the travel lanes be reduced to a single lane for each direction; and further,
That the Uniform Traffic By-law be amended accordingly.
That the City of Kitchener contribute $13,000.00 to the installation of traffic control signals at the
intersection of Highland Road and Lawrence Avenue, and further,
That the funds be provided from the Capital Contingency Fund.
6. That a stop control be installed on Young Street at the intersection of Maynard Avenue.
That an all-way stop control be installed at the intersection of Clifton Road and Arnold Street, and
further,
That the Uniform Traffic By-law be amended accordingly.
That, effective July 1, 1998, natural gas rates be modified in accordance with the presentation made
to the Public Works and Transportation Committee on June 22, 1998, and further,
That a surcharge of 2.2 cents per cubic metre of natural gas be added to all billing run customers for
the months of September through December 1998, to provide revenue deficiency of 1997 gas
supply changes from Union Gas.
That Council approve the recommendations of the Environmental Study Report - Glasgow Street,
Knell Drive to Fischer-Hallman Road, prepared by McCormick & Rankin Corporation, dated June
1998, and further,
That the Environmental Study Report (ESR) be filed with the City Clerk for a review period from
June 30, 1998 until August 28, 1998, totalling sixty (60) days, to allow for the summer vacation
schedules of the general public, and further,
That Council recognize the Glasgow Street Reconstruction Project as a high priority on the basis of
the Study recommendations in their next review of the Ten (10) Year Capital Forecast Budget.
(Dealt with under Delegations and Carried.)
10.
That the provision of after hours dispatching services for the City of Waterloo, based upon the
business principles outlined to the Public Works and Transportation Committee on June 22, 1998,
be approved, and further,
That a contract be finalized, with terms and conditions to the satisfaction of the City Solicitor and the
Mayor and Clerk be authorized to execute such contract.
PUBLIC WORKS AND TRANSPORTATION COMMITTEE (CONT'D)
JULY 6, 1998
COUNCIL MINUTES
-397-
CITY OF KITCHENER
COUNCIL MINUTES
JULY 6, 1998 - 397-
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
11. That Kitchener Transit be authorized to approve up to 50 additional advertising benches for
Kitchener bus stops during the remainder of our current agreement, and further,
That the Legal Department, in co-operation with Transit staff, draft an amendment to supplement the
existing contract with Canadian Bench Media, which expires on September 30, 1999.
12. That the City install a sanitary sewer outlet across the property at 4263 King Street East, in
conjunction with the installation of a Regional Road storm sewer outlet in 1998, and further,
That the cost of the sanitary sewer installation in the amount of $133,000.00 be charged to the
Sewer Surcharge Fund, and further,
That this amount be recovered as part of Local Improvement assessments for new sewer
installations anticipated on King Street East in 1999.
FINANCE AND ADMINISTRATION COMMITTEE -
That a 1998 grant-in-lieu of development charges in the amount of $10,168.00 be awarded to
Habitat for Humanity in conjunction with the projects planned at 421 and 423 Strasburg Road, with
funding from the General Provision Grant account.
(Dealt with under Delegations and Carried.)
That Council support, in principle, limiting a vendor to one hot dog cart location in the Downtown,
this on the understanding that a permanent business operating a sidewalk patio under an extension
of use agreement would not be able to own/operate a hot dog cart under the Street Vendors By-law;
and further,
That staff evaluate the above direction in light of the existing By-law and report on its impact at the
August 10, 1998 Finance and Administration Committee meeting.
That no action be taken on the request of Marillac Place that the City hold a first mortgage on their
proposed new location at 240 Frederick Street, as current legislation does not allow the City to hold
such a mortgage unless it is a direct result of the sale of municipally owned property; and,
That Marillac Place be referred to the Regional Municipality of Waterloo for their consideration of
grant funding, and that by this motion the City hereby indicates its support for such funding; and,
That City staff confer with representatives of Marillac Place in order to prepare a Kitchener grant
request as part of the annual grant process; and further,
That staff investigate future partnership opportunities to provide recreational programs for the
residents of Marillac Place.
That enforcement of the City's Zoning By-law be waived for the "Blues Picnic" to be held on Sunday,
August 9, 1998 on the farm site owned by Monarch Construction Limited at the end of Oregon Drive.
That the Kitchener Fastball Promotions be granted permission to hold lotteries in the City of
Kitchener from June 1998 to August 1999; and further,
That all monies raised will be used to pay for transportation, field rentals, accommodations and
umpires for the participants of the 1999 Canadian Midget Boys Fastpitch Championship Games,
with any revenues remaining after paying these expenses to be donated to another minor sports
program.
FINANCE AND ADMINISTRATION COMMITTEE (CONT'D) -
COUNCIL MINUTES
JULY 6, 1998 - 398-
CITY OF KITCHENER
COUNCIL MINUTES
JULY 6, 1998 - 398-
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
That Council provide a Community Development Infrastructure Grant of up to $6,000.00 for the
Chicopee Outreach Program Summer '98, with funding to be administered through the Centreville-
Chicopee Community Centre; and further,
That an evaluation of the Program be undertaken and a final report prepared for presentation to
Council.
That Council accept the official, audited Financial Statements of the City of Kitchener for the period
ending December 31, 1997.
That Council approve an application from 1178822 Ontario Limited (The Cora Group) for a grant-in-
lieu of building permit fee, in the amount of $25,080.00 under the Downtown Financial Incentive
Program for renovations to the Market Square parking garage.
That Tender T98-003, Kitchener Fire Department Headquarters, be awarded to D. Grant & Sons
Limited, London, Ontario at their tendered price of $4,171,930.00, less the following cost reductions:
Interior Signage - $2,000.00; Artwork Cash Allowance - $15,000.00; the items listed on the
schedule entitled "Kitchener Fire Department Headquarters Proposed Savings - Separate and
Alternate Prices" as appended to the report of L. Gordon dated June 17, 1998 and totalling
$107,300.00 plus G.S.T.; and,
That notwithstanding the above reduction relative to the Artwork Cash Allowance, the $15,000.00
amount excluded from the Tender remain as a project cost and at the appropriate time the Public Art
Committee initiate a competition for exterior artwork; and,
That the masonry portion of the contract totalling $579,500.00 plus G.S.T. be deleted from the D.
Grant & Sons Limited tender and be awarded separately to E. R. Masonry, Kitchener; and further,
That additional funding be allocated to the Fire Headquarters project, as follows: $80,100.00 from
the Reserve for Development Charges, and $125,200.00 from Capital Surplus.
10.
That staff be directed to participate in the development of an inter-municipal business plan to
prepare for the assumption of delegated authority from the Province for Provincial Offences
Administration in accordance with the provisions of Bill 108.
J U LY 6, 1998
COUNCIL MINUTES
- 399 -
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 -
Licenses
It was resolved:
"That 1998 Ice Cream Vehicle Driver Licences be issued to Kirk Bowers and Jeffery Schnarr."
- and -
"That no action be taken on the application of Brandy Diamond Jackel for a 1998 Ice Cream
Vehicle Driver Licence."
- and -
"That the City of Kitchener has no objection to Ronald McDonald Children's Charities of
Canada, McDonald' Place, Toronto, Ontario M3C 3L4 being granted permission to sell raffle
tickets in the City of Kitchener from July 13 to August 25, 1998 for a draw to be held August
30, 1998 at the Canadian National Exhibition."
- and -
"That the 46th Kitchener Guides, Heather District, be granted permission to operate a place of
refreshment, at Morrison Park during soccer and baseball games over the summer and early
fall, provided that the necessary Health and Licence are obtained and further, that the nominal
fee of $10.00 be applicable."
- and -
"That the following massagists be granted Massagist Licences for the year 1998:
Leslie Carruthers
Amanda Prokop
Nicole Van Geytenheek
Ruth Moser."
2. Association of Municipalities of Ontario Conference/Appointments
It was resolved:
"That the first six members of Council, (to include Councillors G. Lorentz and J.
Haalboom), indicating an interest in attending the August 23-26 Association of
Municipalities of Ontario Conference be appointed as City of Kitchener voting delegates."
It was resolved:
"That Kitchener City Council hereby nominates Councillor Berry Vrbanovic for the office of
Director - Large Urban Section, Association of Municipalities of Ontario."
COUNCIL MINUTES
J U LY 6, 1998 - 400 -
CITY OF KITCHENER
COMMITTEE OF THE WHOLE
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
3. Execution of Amendinq A.qreements - Year 2000 Compliance
It was resolved:
"That the Mayor and Clerk be authorized to execute all amending agreements pertaining
to software licences granted to the City of Kitchener required to address the Year 2000
issue."
4. Public Service Counter
It was resolved:
"That the Public Service Counter be closed as soon as possible and further, that Trish
Randall, Public Service Assistant, be reassigned within Human Resources and further
that the work currently being performed by the Public Service Counter be reassigned."
5. Business Enterprise and Business Facilitation Centre
It was resolved:
"That City Council support the concept to provide a portion of the former Information
Services floor space, including the Public Service Counter space on the Main Floor of City
Hall, for use as a proposed Business Enterprise and Facilitation Centre."
6. Maple Street Yards - BRIDGEPORT-NORTH WARD
It was resolved:
"That Part 1, Plan 58R-6503, being the former Maple Street Yards located at 1197 Union
Street East, be declared surplus to the City's needs, and further,
That the Mayor and Clerk execute documents as required and approved by the City
Solicitor."
7. Courtesy Warninq Proqram
Dealt with under delegations.
8. Tenders
Dealt with under delegations.
9. Offer to Purchase - BRIDGEPORT-NORTH WARD
Ms. J. Jantzi, Director of Economic Development & Business Facilitation, requested a change
in the purchase price listed in the staff recommendation from $67,145.00 to $66,950.00.
It was resolved:
"That the City accept, and the Mayor and Clerk execute, an Offer to Purchase submitted
by Dorothy Eileen Bell with respect to Parts 3 and 13 on Reference Plan 58R-3620 in the
Bridgeport Business Park for a total purchase price of $66,950 based on 1.033 acres at
$65,000 per acre; and further,
That the Mayor and Clerk are hereby authorized to execute any other necessary
documentation required by the City Solicitor."
COUNCIL MINUTES
JULY 6, 1998 - 401 -
CITY OF KITCHENER
COMMITTEE OF THE WHOLE
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
10. Committee of Adjustment Variance to Municipal Code, Chapter 630 (Fence)
Submission No. F 3/98 - CHICOPEE WARD
Dealt with under delegations.
11. Committee of Adjustment Variances to Municipal Code, Chapter 630 (Fence)
Submission Nos. F 5/98 & F 6/98 - BRIDGEPORT-NORTH AND FOREST WARDS
Submission No. F 5/98 - Polish National Union of Canada, was dealt with under delegations.
It was resolved:
"That the decision of the Committee of Adjustment sitting as a Standing Committee of City
Council, of June 30, 1998, recommending approval of Submission No. F 6/98 - Ela &
Leslaw Zolyniak - Be Ratified & Confirmed."
12. Committee of Adjustment Variance to Municipal Code, Chapter 680 (Si.qn) -Submission
No. S 5/98 - CENTRE WARD
It was resolved:
"That the decision of the Committee of Adjustment sitting as a Standing Committee of City
Council, of June 30, 1998, recommending approval of Submission No. S 5/98 - Trinity
United Church - Be Ratified & Confirmed."
13. Kitchener Downtown Business Association - Appointment
It was resolved:
"That Rawi Zayadi be appointed to the Board of Directors of the Kitchener Downtown
Business Association for a term expiring November 30, 2000."
14. Offer to Sell - 1464-1466 Victoria Street North (Suki Motor Car Inc.)
The Committee considered a staff recommendation arising from in-camera discussion this
date.
It was resolved:
"That the City accept, and the Mayor and Clerk be authorized to execute, an offer dated
July 6, 1998, from Suki Motor Car Inc. In Trust, to sell land composed of Part of Part 1,
Plan 58R-2024, at 1464-1466 Victoria Street North, Kitchener, for the sum of $463,081.00
to extend Lackner Boulevard."
15. Encroachment Aqreement (131 Goodrich Drive) - United Steel Workers of America
Local 677
The Committee was in receipt this date of correspondence from J. Shivas, City Solicitor, dated
July 6, 1998, recommending execution of an encroachment agreement with respect to a strike
involving the Uniroyal/Goodrich plant.
It was resolved:
"That the Mayor and Clerk be authorized to execute an encroachment agreement with the
United Steel Workers of America Local 677 to permit a garbage receptacle, portable
washroom and a 10' x 40' trailer to be located on the boulevard in front of the Uniroyal-
Goodrich plant located at 131 Goodrich Drive; said trailer to be located 150' west of the
westerly entrance to the plant and 10' from the back edge of the travelled roadway."