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HomeMy WebLinkAboutCouncil Minutes - 1998-10-05COU N CI L\1998-10-05 COUNCIL MINUTES OCTOBER 5, 1998 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 the Carmel Church School Choir under the direction of Mary Jane Hill and Councillor J. Haalboom thanked the Choir for their rendition of the National Anthem. On motion by Councillor G. Lorentz, the minutes of the regular meeting held on September 21, 1998 and special meeting held on September 28, 1998, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS - N I L 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. He also circulated two memorandums dated October 5, 1998 containing recommendations in regard to proposal P98-075 (Advertising - Transit Shelters) and Tender T98-081 (Supply of Computer Workstations). Council was also in receipt this date of a memorandum dated September 29, 1998 revising the staff recommendation for Expression of Interest E98-069 (Consultant Services) so as to authorize the Mayor and Clerk to execute the necessary agreement, as well as a memorandum dated October 5, 1998 amending the recommendation for Proposal P98-071 by adding the names of three dealers which Utility staff are asking be accepted as secondary rental water heater installers. Council then considered the tenders on the agenda as well as the additional items submitted this date. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That Proposal P98-071, Authorized Gas Appliance Installation, be awarded as follows: Primary Heating Leads- Al Dunn Heating, Waterloo; Cronin-Emery Mechanical Ltd., Waterloo; Delta Air Systems Ltd., Waterloo; Bast Burners, Waterloo and Overland Plumbing & Heating, Kitchener. Secondary - Conestogo Mechanical, Kitchener; A.B. Mechanical, Waterloo; Best Value Mechanical, Heidelberg; Columbia Mechanical Services, Waterloo; Reitzel Heating, Waterloo, KB Combustion, Kitchener, Delta Inc., Kastl-Zuch Plumbing & Heating, and Amber Heating and Sheet Metal Limited. Primary - Fireplace Leads, Secondary Heating Leads - The Woodburner, Kitchener; Bast Burners, Waterloo and Accent Heating and Cooling, Kitchener." -and- "That Proposal P98-072, Rental Natural Gas Water Heater Installation, be awarded to Columbia Mechanical, Waterloo, Best Value Mechanical, Heidelberg, and A.B. Mechanical, Waterloo at their proposed unit price schedules." -and- "That Expression of Interest E98-069, Consultant Services - Schedule "C" Class Environmental Assessment, Lackner Boulevard/Shirley Avenue Extension Location Study, be awarded to McCormick Rankin Corporation, Kitchener, at an estimated fee of $45,900., plus G.S.T., based on a satisfactory contract being negotiated and an upset fee being established negotiated and an upset fee being established; and further, That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor." -and- "That Proposal P98-075 - Advertising - Transit Shelters, be awarded to Mediacom Inc., Toronto, for a five year term at an estimated value of $1,166,000 to the City of Kitchener; and further, COUNCIL MINUTES OCTOBER 5, 1998 - 463 - CITY OF KITCHENER That the Mayor and Clerk be authorized to execute an agreement with Mediacom Inc. satisfactory to the City Solicitor for the installation and maintenance of transit shelters with and without advertisement panels and securement of advertisements effective November 1, 1998 to October 31,2003." -and- "That Tender T98-081, Supply of Computer Workstations, be awarded to Amsdell Inc., Richmond Hill, Ontario at their tendered price of $191,400., plus G.S.T. and P.S.T., for one hundred and fifty workstations." Mr. L. Bensason, Heritage Planner, gave a presentation concerning the designation of the Greenbrook Pumping Station at 20 Greenbrook Drive. Council was in receipt this date of the October 2, 1998 Heritage Kitchener recommendation in this regard, as well as a letter of support dated September 29, 1998 from Maq Ahmad of the Regional Municipality of Waterloo, Water Services Division. Mr. Bensason showed slides of the pumping station and outlined the reasons for designation, including the building's architectural features and its historic significance as the location of the first municipal water works which became the Berlin Water Commission in 1898. Councillor J. Haalboom provided additional historic background and thanked the Region of Waterloo employees involved in the designation proposal; specifically, Wiliam Pyatt, Maq Ahmad, Michael Murray, Tammy Middleton, and Lane Stevens. She also requested that Council send a letter of commendation to these individuals. Moved by Councillor J. Haalboom Seconded by Councillor T. Galloway "That, pursuant to Section 29 of the Ontario Heritaqe Act, the Clerk be directed to publish a Notice of Intention to designate the property municipally known as 20 Greenbrook Drive (Greenbrook Pumping Station) as being of historic and architectural significance, and further That the designation include all exterior elevations of the 1912 building and 1930, 1960 and 1990 additions; with the specific features of the designation to include: brick faCade including protruding brick detailing, window openings and windows including voussoirs and concrete sills, corbelling at cornice and walls, roof and rooflines, of the 1912 building; brick faCade, window openings and paned glass windows, plain cornice, roof and roofline of the 1930 addition; brick and paned glass fa¢ade, decorative brick detailing" Carried. Mr. Dale Holland and Mr. Klas Bockasten appeared on behalf of the K-W Core Neighbourhoods and relative to concern over the Mutual Group's planned demolition of 26 residential properties to create an additional 350 employee parking spaces. Council was in receipt of the delegation's written submission dated September 29, 1998 and a video of the neigbourhoods involved was shown. M. Holland referred to the neighbourhood group as reasonable individuals with legitimate concerns who want to ensure that all reasonable alternatives to the proposed demolition are being considered. He referred to the group's five main areas of concern; being: preservation of affordable housing in the community; the impact of the proposed demolition on the safety and security of the neighbourhood; worsening of existing traffic problems; preservation of the character of the neighbourhood in the short and longer term; and, the positive role which the preservation of 26 homes and properties would play in the larger community. Mr. Holland advised that the vacated homes are being left in an uninhabitable state and break-ins, as well as arson have occurred to date. Mr. B. Stanley advised that the Mutual Group has agreed to enter into a collaborative process involving the affected neighbourhood groups, this process to be facilitated by the City with the first meeting to be held at 7 p.m. on October 22, 1998. It was generally agreed to receive the material submitted by the delegation and refer same to the collaborative process outlined by Mr. Stanley. Councillor K. Taylor-Harrison referred to the designation recommendation for 237 Frederick Street (the COUNCIL MINUTES OCTOBER 5, 1998 - 464 - CITY OF KITCHENER Frederick Louis Knells House) outlined in Clause 1 of the Heritage Kitchener report (September 11, 1998). She asked that consideration of this recommendation as well as the demolition permit application be deferred and referred to the November 2, 1998 Council meeting. She also advised that Mr. Derwyn Stilling has given his assurance that no action will be taken in regard to demolition until the November 2 meeting. Moved by Councillor K. Taylor-Harrison Seconded by Councillor G. Lorentz "That consideration of Clause 1 of the Heritage Kitchener report (September 11, 1998) relative to 237 Frederick Street, as well as consideration of the demolition permit application for said property be deferred and referred to the November 2, 1998 Council meeting." Carried. Mr. Mark Bodrug, appeared on behalf of the TDL Group Ltd., operators of Tim Horton Donuts, and in regard to Council previous decision to refuse Committee of Adjustment Submission No. S 8/98 - Shell Canada Products Limited, 4574 King Street East. Mr. Bodrug clarified that the application is for a Tim Horton's sign on the property leased from Shell Canada and does not relate to any additional Shell Canada signage. He explained that the purpose of the sign variance was to allow a sign 2.75 metres above finished grade rather than the 4.3 metres required under the by-law. Councillor J. Haalboom previously gave Notice of Motion at the September 21, 1998 Council meeting that she would request reconsideration of Council's August 17 decision concerning Committee of Adjustment Submission No. S 8/98. Moved by Councillor J. Haalboom Seconded by Councillor C. Weylie "That Council reconsider its decision of August 17, 1998 to refuse Committee of Adjustment Submission No.S 8/98 - Shell Canada Products Limited, 4574 King Street East.." Carried Unanimously. Moved by Councillor J. Haalboom Seconded by Councillor C. Weylie "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council on July 28, 1998 recommending approval of Submission No. S 8/98 - Shell Canada Products Limited, 4574 King Street East, be ratified and confirmed." Carried. Councillor J. Haalboom commended Mr. Bodrug for his efforts in working with Shell Canada representatives. She expressed concern over the imposition of corporate signage on the municipality which may not be in keeping with the character of the community. Ms. Lisa Schaefer and Mr. Morris Widmeyer appeared on behalf of Oxford Street residents concerning problems arising from the construction of a neighbouring community trail. Council was in receipt of correspondence in this regard dated September 14, 1998 from the affected residents as well as a staff report from W. Sleeth, Landscape Architect, dated September 24, 1998 containing various recommendations. Ms. Lisa Schaefer referred to the concerns of area residents including thefts and vehicle break-ins, vandalism, fires which have been set and left unattended, imposition on the privacy of homeowners and garbage from trail users. She advised that residents were told the trail was being constructed and paved to solely assist the handicapped residents of Participation House; however, it is now widely used as a community trail. She stated that the four foot chain link fence proposed by staff on the walkway is unacceptable, and that a proper privacy fence is required. Ms. Schaefer requested the following of Council: the City to pay the entire cost of a six foot privacy fence adjacent to 220 Oxford Street; the installation of security lights, one at either end of the trail; and, installation, at the City's expense, of a four foot chain link fence along the rear yards of 216 and 220 Oxford Street. COUNCIL MINUTES OCTOBER 5, 1998 - 465 - CITY OF KITCHENER Councillor John Smola put forward a motion, seconded by Councillor B. Vrbanovic, to install a six foot privacy fence along the walkway adjacent to 220 Oxford Street, construct a chain link fence along the rear yards of 216 and 220 Oxford Street and installation of two lights on the trail, all at the City's expense. Councillor John Smola advised that in his view all of the concerns raised by residents are legitimate. Councillor Jake Smola also asked that consideration be given as to how to buffer the portion of the trail abutting Participation House. Councillor J. Ziegler suggested deferral to an upcoming Community Services Committee meeting to allow for more detailed discussion and costing of the alternatives proposed. He indicated that though he is sympathetic to the residents predicament, in the past privacy fencing and screening have been the responsibility of homeowners whose properties back onto a community trail. He suggested that constructing fences along the rear lot line at this time would set an unfavourable precedent. Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic "That consideration of the request of the owners of 216 and 220 Oxford Street for fence construction and lighting relative to the recently constructed Union Lane/Breithaupt Community Trail, as well as the staff recommendations outlined in the September 24, 1998 report of W. Sleeth, be deferred and referred to the October 26, 1998 Community Services Committee meeting pending receipt of additional information on the costs involved in providing lighting and fencing, as well as a report from staff on the length of community trails within the community and an indication of the number of circumstances comparable to those outlined by Oxford Street residences." Carried. Mr. Rupert Anderson appeared and advised that when the walkway for the community trail was installed, the contractors made a mistake and removed some of the trees at 220 Oxford Street, and that the owner is now willing to forego the replacement cost and contribute this amount toward construction of the privacy fence. Mayor C. Zehr advised those in attendance that the Community Services Meeting where the issue involving Union Lane/Breithaupt Community Trail will be discussed, is on October 26, 1998 with delegations heard at 2 p.m. that date. He asked that anyone wishing to speak at the Committee meeting register with the Clerk. Mr. Paul Britton and Mr. Robert Steinberg appeared in support of Clause 1 of the Planning and Economic Development Committee report of this date concerning Zone Change Application 97/36/P/JG - Grand River Conservation Authority, and the corresponding by-law listed as 8(m) on the Council agenda of this date. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That Clause 1 of the Planning and Economic Development Committee report of this date be adopted." Carried. Mr. Chad Krulicki and Ms. Deborah Rothwell appeared on behalf of the Korova Caf~ and to update Council on a grant received from the Federal Government. Mr. Krulicki explained that the initial vision of a Youth Arts Caf~ has been re-examined and changes proposed. He referred to the documentation previously circulated to members of Council which outlines Phases II and III of the proposed project. Phases II entitled "Kor Design and Production" would involve ten young visual artists, each paired with a mentor artist in the design of dynamic storefront windows in the Downtown. In addition, each artist would exhibit creations in the Korova. Phase III would see the completion of the Korova Caf~ and its transformation into an arts incubator and will be renamed the Kor Gallery Cafe. The latter will require improvements in landscaping and security. Ms. Rothwell advised that a $149,000 Federal grant has been awarded in regard to Phase II, and that indications have been received that an additional $149,000 grant for Phase III is warranted. She COUNCIL MINUTES OCTOBER 5, 1998 - 466 - CITY OF KITCHENER expressed her thanks to the Kitchener Downtown Business Association for its support and administration of the applications, as well as to the project co-ordinators and new mentors. She also advised that the Korova deficit will be eliminated, and referred to the $20,000 in goods and services raised prior to its opening. She asked for the continued use of the portable erected on the site by the City, as well as continued access to the expertise of Mr. L. Proulx. Ms. Rothwell also invited members of Council to visit the Korova Cafe. Mr. Krulicki added his thanks to the 13 mentors involved with the Korova, as well as the support of Council and City staff. Ms. Rothwell cautioned that there will be a change in the use of the Korova which will involve more congregation outside and smoking, as the caf~ will continue to remain smoke-free. Various delegations were in attendance this date concerning Zone Change Application 97/31/B/ZJ - 81 Bruce Street (Dr. Sharon Goodyear-Johnston) but did not address Council. Council was in receipt this date of a staff report dated October 5, 1998 containing recommendations arising from meetings involving the application proponent, neighbourhood residents, and Ward Councillor Taylor-Harrison. Councillor K. Taylor-Harrison advised that all parties are in agreement with the recommendations in the staff report. Moved by Councillor K. Taylor-Harrison Seconded by Councillor G. Lorentz "That the 'Proposed By-law' dated October 5, 1998 appended to Business and Planning Services Department report PD 98/128 replace the 'Proposed By-law' dated August 5, 1998 attached to PD 98/93; and, That Council consider whether further notice under the Planning Act is required prior to the passing of the by-law; and, That a site plan application be submitted to and approved by the Director or Planning prior to three readings of the by-law by Council; and further, That the owner acknowledge that Condition 3 as required to be satisfied no later than seven months after Council has approved, by resolution, Zone Change Application 97/31/B/Z J, and in the event this resolution is not fulfilled within the seven month period, Council shall consider rescinding the Zone Change approval." Carried. Mr. Hien Hoang, Woodstock, appeared concerning Clause 4 of the Finance and Administration Committee report of this date recommending deferral of a decision on his Pawnbroker's Licence application and referral of the issue to the October 26, 1998 Finance and Administration Committee meeting. An unnamed individual speaking on Mr. Hoang's behalf advised that he has no objection to the deferral as recommended. Mr. Brian Zarnke appeared in support of Demolition Control Application DC 98/10/O/RM (Activa Holdings Inc.) for 1730 Ottawa Street South which appears as Clause 5 of the Planning and Economic Development Committee report of this date. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That Clause 5 of the Planning and Economic Development Committee report of this date be adopted." Carried Councillor J. Haalboom noted Council's concern with the loss of urban housing referred to earlier by the K-W Core Neighbourhood Group, noting that this concern does not appear to extend to the Ottawa Street property or other housing on the rural/urban fringe. She suggested that the entire issue of preservation of housing stock should be discussed at the Committee level. Councillor T. Galloway noted that in this particular instance, the house in question has no heritage value and is in the middle of a field planned for a new 300 home development, and suggested that each demolition application should be assessed COUNCIL MINUTES OCTOBER 5, 1998 - 467 - CITY OF KITCHENER based on the merits of individual properties. Mayor Zehr suggested that Councillor Haalboom raise the matter at an appropriate Standing Committee, and suggested that discussion could take place at the October 26, 1998 meeting of the Planning and Economic Development Committee. Mayor C. Zehr advised that Mr. Howard Rotberg, Broward Landev Corp. registered as a delegation this date concerning Clause 3 of the Community Services Committee report dealing with the former Smiles 'N Chuckles property, had chosen not to attend, and will appear at a future meeting following further discussion with staff. He suggested deferral of Clause 3 to a future meeting. Councillor M. Yantzi suggested that certain comments made at the Community Services Committee regarding this matter were inaccurate, and Mayor C. Zehr noted that it was his understanding that Mr. Rotberg's company is not in jeopardy. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That consideration of Clause 3 of the Community Services Committee report of this date be deferred and referred to a future meeting of the Community Services Committee pending further discussion between staff and the Developer." Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee of this date be adopted." Voted on clause by clause. Clauses #1,2 & 5 - Dealt with under delegations and Carried. Clause #6 - Carried. Balance of Report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the Community Services Committee report of this date be adopted." Councillor J. Haalboom expressed interest in obtaining a copy of the City's Purchase Agreement for the lands to be developed into the new Willow Lake Park, and suggested it would be interesting from an historical perspective and could provide useful information for a pamphlet. Mr. R. Arnot indicated that he would try to obtain the documentation. The report was then voted on clause by clause. Clause #3 - Action deferred and referred to a future meeting of the Community Services Committee pending further staff discussions with the Developer. 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 J. Ziegler asked that wording of Clause 1 relative to a two-year extension of the Cebu Partnership be changed to reflect a paraphrasing of his comments as they appear in the Committee minutes. Councillor T. Galloway also asked that Clause 5 be dealt with separately. COUNCIL MINUTES OCTOBER 5, 1998 - 468 - CITY OF KITCHENER The report was then voted on clause by clause. Clause #1 - Carried, As Amended. Clause #5 - Carried. Balance of report - Carried. Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That report of the Public Works and Transportation Committee of this date be adopted." Carried. Recorded Pecuniary Interests and Abstentions: Clause #7 - Councillor J. Ziegler as he owns property on King Street East between Fairway Road and River Road. In response to comments from Councillor J. Ziegler it was agreed that there it was no longer necessary to receive updates at every Council meeting on the number of massagist licences issued, and that a single annual report of the licences issued during the course of the year would suffice. Councillor T. Galloway advised that the Engineering Committee of the Regional Municipality of Waterloo is planning a tour of Regional facilities on October 21, 1998 beginning at 9 a.m. at the Manheim facility. He asked that members of Council advise the Region as to whether they plan to attend so that appropriate transportation arrangements can be made. Council was in receipt this date of a draft letter from Mayor C. Zehr to Chair John Reimer of the Waterloo Region Public School Board concerning the possible closing of three schools in Kitchener as a result of Provincial changes to education funding. Moved by Councillor K. Taylor-Harrison Seconded by Councillor M. Yantzi "That Council endorse the draft correspondence from Mayor C. Zehr to Chair John Reimer of the Waterloo Region Public School Board dated October 5, 1998 concerning possible school closures in Kitchener." Carried. Councillor T. Galloway indicated his appreciation of the Board's integrity in providing advance notice of the closures so that all parties can be fairly forewarned that Rosemount, McQuarry and Courtland Schools could be closed. He noted that this course of action has been mandated by the Provincial Ministry of Education as a result of their new funding model and that the closings may be required if new schools are constructed. Councillor M. Yantzi expressed his hope that the Board would look at creative ways of addressing the use of these three schools, particularly Courtland. Councillor K. Taylor-Harrison noted that the closing of the Downtown schools is counter-productive in terms of the City's initiatives to encourage housing in the Downtown. Councillor Jake Smola noted that there is a need to examine the proper use of school facilities, and hoped that some rationalization would occur between the two School Boards where it would be in both of their interests to jointly populate a single school. The previous motion by Councillor K. Taylor-Harrison, seconded by Councillor M. Yantzi, was voted on and Carried. Councillor J. Haalboom referred to discussion at the September 28, 1998 Finance and Administration Committee meeting concerning flight restrictions at the Regional airport and asked whether any subdivisions have been approved or planned in this area. Mr. T. McCabe replied that there is a proposal for a development to house approximately 5,000 additional persons, and Mayor C. Zehr advised that warning clauses in this regard will be included in the Offers to Purchase and noise abatement COUNCIL MINUTES OCTOBER 5, 1998 - 469 - CITY OF KITCHENER measures/design are planned. Councillor T. Galloway referred to the recent purchase of Sportsworld and the announced $10,000,000 in improvements, and enquired as to the status of transit service to the Gateway Park area in light of the overall construction in the area and the planned extension of Sportsworld for year-round use. Mr. E. Kovacs responded that the City had initially received seed funding from Sportsworld for transit services; however, last year seasonal service was provided at the City's cost, and an attempt made to generate additional bus advertising revenue to offset this amount. He advised that a strategic report on transit services will be coming forward shortly and will refer to enquiries made of staff involving an expansion of service in this area and links with the City of Cambridge. Councillor J. Ziegler asked that staff provide information on ridership to the cinemas on Fairway Road at the same meeting the strategic report is considered. Moved by Councillor B. Vrbanovic Seconded by Councillor T. Galloway That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to exempt certain lots from Part Lot Control - Part Lot 70, Registered Plan 1780 - (Glasgow Street (b) Being a by-law to exempt certain lots from Part Lot Control - Block 4, Registered Plan 58M- 55 - Windflower Drive (c) Being a by-law to exempt certain lots from Part Lot Control - Lots 14 and 15, Registered Plan 1739 - Bankside Drive (d) Being a by-law to exempt certain lots from Part Lot Control - Lot 45, Part Block 49 and Part Block 58, Registered Plan 1826; and Block 59 and Part Block 58, Registered Plan 1829 - Keewatin Avenue (e) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (f) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (g) 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 (h) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities (i) 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 (J) 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 (k) Being a by-law to amend Chapter 210 of the City of Kitchener Municipal Code with respect to Cemeteries - Municipal (I) To confirm all actions and proceedings of the Council (m) Being a by-law to amend By-law 85-1 known as the Zoning By-law - Grand River Conservation Authority - Pioneer Tower Road - No. 97/36/P/JG 5. (Cont'd) COUNCIL MINUTES OCTOBER 5, 1998 - 470 - CITY OF 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 C. Zehr appointed Councillor G.Lorentz as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor G. Lorentz Seconded by Councillor K. Taylor-Harrison "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes, are hereby adopted and confirmed." Moved by Councillor B. Vrbanovic Seconded by Councillor T. Galloway "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to exempt certain lots from Part Lot Control - Part Lot 70, Registered Plan 1780 - Glasgow Street (By-law No. 98-147) (b) Being a by-law to exempt certain lots from Part Lot Control - Block 4, Registered Plan 58M- 55 - Windflower Drive (By-law No. 98-148) (c) Being a by-law to exempt certain lots from Part Lot Control - Lots 14 and 15, Registered Plan 1739 - Bankside Drive (By-law No. 98-149) (d) Being a by-law to exempt certain lots from Part Lot Control - Lot 45, Part Block 49 and Part Block 58, Registered Plan 1826; and Block 59 and Part Block 58, Registered Plan 1829 - Keewatin Avenue (By-law No. 98-150) (e) 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. 98-151 ) (f) 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. 98-152) (g) 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. 98-153) 7. (Cont'd) OCTOBER 5, 1998 COUNCIL MINUTES - 471 - CITY OF KITCHENER (h) (i) (J) (k) (m) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities (By-law No. 98-154) 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. 98-155) 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. 98-156) Being a by-law to amend Chapter 210 of the City of Kitchener Municipal Code with respect to Cemeteries - Municipal To confirm all actions and proceedings of the Council Being a by-law to amend By-law 85-1 known as the Zoning Conservation Authority - Pioneer Tower Road - No. 97/36/P/JG (By-law No. 98-157) (By-law No. 98-158) By-law - Grand River (By-law No. 98-159) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned. Carried. MAYOR CLERK OCTOBER 5, 1998 COUNCIL MINUTES -472 - REPORTS ADOPTED BY COUNCIL CITY OF KITCHENER PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 1. A. That Zone Change Application ZC 97/36/P/JG (Grand River Conservation Authority) requesting the removal of holding provision 28H from lands legally described as Part Lot 12, Beasley's Broken Front Concession, be approved in the form shown in the attached "Proposed By-law", dated August 19, 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. That the City of Kitchener, pursuant to Section 51. (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and delegation by-law 97-061, grant draft approval to Plan of Subdivision Application 30T-97023 in the City of Kitchener, for the Grand River Conservation Authority, subject to the following conditions: 1) That this approval applies to Plan of Subdivision 30T-97023 for the Grand River Conservation Authority as shown on the plan prepared by MacNaughton Hermsen Britton Clarkson Ltd. dated September 2, 1998 and as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated September 3, 1998, which shows the following: Sta.qe 1 (max. 33 units) Blocks 1-5 Block 6 Blocks 7-9 Blocks 10, 11, 12 -single detached dwellings -drainage corridor -lot consolidations for future single detached dwellings -road widenings StaRe 2 (max. 25 units) Blocks 1-4 Block 5 Blocks 6, 7 Blocks 8,9 Block 10 -single detached dwellings -trail link -lot consolidations for future single detached dwellings -road widenings -0.3 m reserve CITY OF KITCHENER CONDITIONS: 2) That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined on the attached Plan of Subdivision and that the following special conditions be contained therein: 51. That the final plans for registration purposes shall be prepared in accordance with the attached Plan of Subdivision prepared by the City of Kitchener, dated September 3, 1998 provided that minor changes to said plan, acceptable to the Assistant General Manager of Business and Planning Services and not affecting the numbering of lots or blocks may be permitted without an amendment to this agreement. 52. That prior to any grading or construction on site or registration of any stage of the Plan, a Grading Control Plan be approved by the City's General Manager of Public Works in consultation with the City's General Manager of Parks and Recreation, the Assistant General Manager of Business and Planning Services and the Grand River Conservation Authority. 53. a) That prior to any grading or construction on site or registration of any stage of the Plan, a detailed design for storm water management shall COUNCIL MINUTES OCTOBER 5, 1998 -473 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL be prepared in accordance with the approved recommendations of the Hydrogeological report prepared by Paragon Engineering (August, 1995), and in accordance with the approved concept plan, and submitted for the approval of the City's General Manager of Public Works in consultation with the City's General Manager of PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) Parks and Recreation and the Grand River Conservation Authority. The Subdivider further agrees to implement all required measures as outlined in the approved final design. b) The stormwater management pond, which will be constructed on lands located immediately the west of the subdivision lands, shall jointly serve this subdivision and that of Plans of Subdivision 30T- 94009 and 30T-96004. Engineering design, landscaping and construction costs will be shared on a contributing volume basis with each owner. Construction costs shall relate to the costs to implement the ultimate storm water management design and shall be based on the actual tendered cost. c) In order to facilitate the ultimate development and sharing of expenses of the storm water management facility, the Subdivider agrees to submit a Letter of Credit to the City Solicitor for its fair share of the cost of the storm water management facility, to the satisfaction of the City's General Manager of Public Works prior to the commencement of any servicing within any stage of this plan of Subdivision. At such time as the ultimate storm water management facility has been constructed and accepted by the City's General Manager of Public Works and a letter has been submitted to the said General Manager, indicating full payment has been made for the cost sharing of the storm water management facility in accordance with b) above, the City agrees to release the Letter of Credit to the Subdivider. 54. The Subdivider agrees that in consideration of the wooded character of the subdivision lands and the City's desire to minimize the impact of development on treed areas worth retaining, to comply with the following process in the development of the subdivision in accordance with the City's approved Tree Management Policy: a) prior to the City releasing any stage of the Subdivision Plan for registration, the Subdivider shall submit the detailed vegetation plan for the approval of the City's Director of Planning. b) that no area/rough grading shall occur on the lands until such time as all approved measures for protection of isolated trees, tree clusters and woodlands affected by such grading have been satisfactorily implemented, and inspected by the City and the Subdivider has received a written authorization from the City's General Manager of Public Works to proceed with said grading. c) to implement and be responsible for providing all information contained in the approved detailed vegetation plan, tree preservation/enhancement plan (if applicable), to all of its heirs, executors, administrators, successors and assigns in order to ensure that the requirements outlined in said plan(s) are carried out as specified. d) a tree preservation/enhancement plan will be required prior to OCTOBER 5, 1998 COUNCIL MINUTES -474 - REPORTS ADOPTED BY COUNCIL CITY OF KITCHENER applying for or having issued any building permits for those lots or blocks which are subject to site plan approval under Section 41 of The Planning Act, corner lots where site service locations and building type have not been predetermined, interior lots having street frontage greater than 13.7 metres, proposed buildings that are located deeper on the lot than approved on the detailed vegetation plan and/or on which the revised grading will have an adverse effect on the detailed vegetation plan. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) e) in the event of construction causing minor tree damage, remedial measures such as trimming, dressing or bark doctoring shall be implemented at the Subdivider's cost and as directed by the Subdivider's Environmental Consultant who prepared the approved plan. In cases where major irreparable tree damage is done, liability is questionable, or the tree is judged to be unsafe, in the opinion of the Subdivider's Environmental Consultant and/or the City, each such tree shall be removed and replaced with at least one tree of equal value based on the tree value formula as set out in "Guide for Plan Appraisal" of the International Society of Arboriculture, latest edition. Tree replacements are to be located on the same lot or block as the tree requiring removal or to a location within the subdivision requiring enhancement. Furthermore, such remedial measures or tree replacements shall be approved by the City's Director of Planning and shall be satisfactorily implemented prior to occupancy of the units or, due to weather conditions, by the next planting season. 55. That the 5% parkland dedication required for the plan of subdivision has been satisfied by the prior conveyance to the City, of lands within Plan of Subdivision 30T-95016, namely Blocks 2,3, 55 and 56. 56. That construction traffic to and from the proposed subdivision development shall be restricted to accessing the subdivision only from Deer Ridge Drive and Old Pioneer Tower Road. The Subdivider agrees to advise all relevant contractors, builders, and other persons of the requirement, with the subdivider being responsible for any signage, if required, all to the satisfaction of the City's Director of Traffic and Parking Services. 57. That the names of the streets within the Plan shall be those shown on the Plan of Subdivision. 58. The Subdivider agrees that no building permits shall be applied for on any lot or block in the Plan until satisfactory arrangements are made with the City's Chief Building Official regarding the installation and maintenance of a direct- to-fire alarm monitoring system for each and every dwelling to be constructed within this Plan. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. Prior to occupancy of each dwelling, the Subdivider shall confirm with the Chief Building Official that such system is operational. Such system shall remain operational in perpetuity and this condition shall not be released from title unless and until the City's Solicitor is notified by the City's Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. 59. That the division of any Lots or Blocks by Part Lot Control shall be subject to compliance with the following requirements: OCTOBER 5, 1998 COUNCIL MINUTES -475 - REPORTS ADOPTED BY COUNCIL CITY OF KITCHENER The Subdivider shall submit a draft reference plan for each lot or block, and obtain approval of the draft reference plan from the City's Assistant General Manager of Business and Planning Services, and the City's General Manager of Public Works and the Commission's Engineer. ii) The Subdivider shall pay all current outstanding taxes prior to the submission of a part lot control exemption By-law to the City's Council; iii) The draft reference plan approved above shall be deposited in accordance with the Land Titles Act and three copies submitted to the City's Assistant General Manager of Business and Planning Services; PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) That final approval of a Part Lot Control Exemption By-law has been given; No building permits shall be issued until steps (i) (ii) and (iii) above and Section 6.8 ii) are completed and the layout shown on the registered reference plan is in compliance with the approved reference plan and the approved servicing and grading plans; vi) Any further division of lands to create additional building parcels shall require the submission of subsequent reference plans to be approved in accordance with steps (i), (ii), (iii) and (iv) above. The passing of another part lot control exemption by-law shall not be required. 60. In the event the cost of the intersection design, improvements and signalization set out in Condition 3 are not included as growth related items in the Region's Development Charge By-law prior to such works being constructed/installed, the Subdivider acknowledges that engineering design and construction costs for these works shall be shared with the owners of the following lands: * Krizsanderson Developments Ltd.-all lands within Draft Plan of Subdivision 30%94008 * Maple Manor Ltd.-all lands within Draft Plan of Subdivision 30T-94017 * JHS Properties Inc.-all lands within Draft Plan of Subdivision 30T-94009 * 346874 Ontario Ltd.-all lands within Draft Plan of Subdivision 30T-95016 * JHS Properties Inc-all lands within Draft Plan of Subdivision 30T-96004 * GRCA-all lands within Draft Plan of Subdivision 30T-97023 * Reid - (legally described as Part Lot 12, Beasley's Broken Front Concession) Costs related to the above noted works shall be apportioned on the basis of the proportionate number of units within each of the land holdings to the total number of units permitted in the Zoning By-law within the specified lands. Construction costs shall be based on the actual tendered cost of the works. In order to facilitate the sharing of expenses for the works specified above, the plan of subdivision will not be released for registration until such time as the Subdivider has satisfied the City's General Manager of Business and Planning Services that arrangements have been made between those owners set out above for the payment of their share of the costs. Cost sharing shall not be required if the work proceeds before the final determination of whether the works will be included in the revised Development Charge By-law. OCTOBER 5, 1998 COUNCIL MINUTES -476 - REPORTS ADOPTED BY COUNCIL CITY OF KITCHENER 61. 62. 63. To construct 1.5 metre concrete sidewalks to the satisfaction of the City's General Manager of Public Works only on the south side of Old Pioneer Tower Road from Deer Ridge Drive to Pioneer Tower Crescent and only on the south side of Old Pioneer Tower Road from Black Maple Crescent to Block 5 (Stage 2). That all road widenings be dedicated to the City of Kitchener upon the registration of each stage of the plan of subdivision. The Subdivider agrees that, notwithstanding any bonding arrangements, no building permits shall be issued for any lots in the Plan until the sanitary pumping station, forcemain and related appurtenances are constructed and operational, to the satisfaction of the City's General Manager of Public Works, and have been accepted by the City. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 64. The Subdivider acknowledges that the development of the Plan of Subdivision may proceed in two (2) stages. 65. In addition to the standard requirements and the general conditions outlined above, the following special conditions shall also apply to Stage 1. The registration and development of Stage 1 of this Plan may occur only together with or following the registration and development of Stage 4 of Plan of Subdivision 30%94009. Alternatively, Stage 1 may be registered but prior to the issuance of any building permits within this stage, the subdivider shall arrange for the conveyance to the City, at no cost and free of encumbrance, of that portion of Pioneer Tower Crescent within Stage 4 of Plan of Subdivision 30%94009 and construct such road to the satisfaction of the City's General Manager of Public Works. 67. The Subdivider shall convey Block 6 (Stage 1) to the City for drainage purposes, without cost and free of encumbrance, concurrently with the registration of Stage 1. 68. No building permits may be issued for Blocks 7-9 (Stage 1) until such blocks are consolidated with adjacent lands to the east, contained within Plan of Subdivision 30T-94009, legally described as Part of Lot 12, Beasley's Broken Front Concession. 69. That the owner shall upgrade Pioneer Tower Road (to be renamed "Old Pioneer Tower Road") from its intersection with Deer Ridge Drive up to and including the turning circle to be constructed generally in the location shown on the Plan of Subdivision, all to the satisfaction of the City's General Manager of Public Works. Such upgrading shall be done to modified municipal standards, including modified curbs, tar and chip surface, a suitable style of lighting fixtures and sidewalks of suitable construction materials, consistent with those standards approved by the City's Public Works Department for Pioneer Tower Road adjacent to Plan of Subdivision 30%94008 Such upgrading shall be done within an 18 metre right-of-way between Pioneer Tower Crescent and Deer Ridge Drive and include a sidewalk along the south side of such section, and within a 16 metre right-of- way west of Pioneer Tower Crescent to the turning circle, and shall include a sidewalk only between Black Maple Crescent and Block 5 (Stage 2). COUNCIL MINUTES OCTOBER 5, 1998 -477 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 70. Following the registration of Stage 1, the City shall open Block 5 (Stage 4) of Plan of Subdivision 30T-94009 by by-law. 71. In addition to the standard requirements and the general conditions outlined above, the following special conditions shall also apply to Stage 2. 72. The registration and development of Stage 2 of this Plan may only occur together with or following the registration and development of Stages 1 and 4 of Plan of Subdivision 30T-94009. 73. No building permits shall be issued for Blocks 6 or 7 (Stage 2) until such blocks are consolidated with adjacent lands to the east, legally described as Part Lot 12, Beasley's Broken Front Concession. 74. The Subdivider shall convey Block 10 (Stage 2) to the City for a 0.3 metre reserve, without cost and free of encumbrance, concurrently with the registration of Stage 2. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) The Subdivider shall convey to the City, without cost and free of encumbrance, Block 5 (Stage 2) for open space/trail link purposes concurrently with the registration of Stage 2. The subdivider shall fill, compact and grade in both a preliminary and finished form, Block 5 (Stage 2) to the satisfaction of the General Manager of Parks and Recreation. All works required of the Subdivider by this Section shall be completed in conjunction with the timing of grading of Stage 2, not to exceed two years from the registration of Stage 2 of the subdivision plan or at any alternate time approved in writing by the General Manager of Parks and Recreation. 76. It is acknowledged that prior to the final approval of the subdivision of adjacent lands to the east, either by plan of subdivision or consent, the owner of such lands shall satisfy the City's Assistant General Manager of Business and Planning Services that he has paid to the owner of this Plan of Subdivision 30T-97023, half of the tendered contract price of the construction of Black Maple Court and the abutting portion of Black Maple Crescent. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS: 3) That the Subdivider satisfy the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning and Culture: That the owner agrees to stage the development of this subdivision in a manner satisfactory to the Commissioner of Planning and Culture of the Regional Municipality of Waterloo. 2. That the final lotting pattern for all blocks in which single detached and semi- detached lots are permitted shall be at a density not exceeding the density identified in Condition 1 of the proposed draft approval conditions. That in accordance with the results of the odour analysis and addendum report prepared by ORTECH Corporation dated July 19, 1996 and September 12, 1996 respectively, the owner agrees as follows: a) that the dwellings constructed on Blocks 1-4 (Stage 2) respectively, COUNCIL MINUTES OCTOBER 5, 1998 -478 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL shall be constructed with a central air conditioning system. that the owner shall enter into and agreement with the Regional Municipality of Waterloo to include the following clause in the Agreements of Purchase and Sale and/or Rental Agreements for Blocks 1-5 inclusive (Stage 1) and Blocks 7-9 inclusive (Stage 1): "Due to its proximity to the Kitchener Wastewater Treatment Plant, projected odour levels on this property may occasionally cause concern to some individuals." c) that the owner shall enter into and agreement with the Regional Municipality of Waterloo to include the following clause in the Agreements of Purchase and Sale and/or Rental Agreements for Blocks 1-4 inclusive (Stage 2): "Due to its proximity to the Kitchener Wastewater Treatment Plant, projected odour levels on this property may occasionally cause concern to some individuals. Moreover, this dwelling has been fitted with a central air conditioning system for the purpose of attenuating occasional odour." That prior to the final approval of any stage, the Regional Municipality of Waterloo shall secure both the physical and financial resources to provide for the design and construction of the intersection improvements at Deer PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) Ridge Drive and Highway No. 8, and Baxter Place/Sportsworld Drive/Pioneer Tower Road and Highway No. 8 relating to the Regional Road network, in accordance with the preliminary functional design (including Schedule 'A') dated January 30, 1997 and the intersection improvement staging plan dated January 30, 1997 prepared by the developer in consultation with the affected neighbourhood associations, and approved by the Regional Commissioner of Engineering and the City of Kitchener. Prior to final approval of any stage, the developer shall, where appropriate, enter into an agreement with the Regional Municipality of Waterloo regarding the financing of any intersection improvements identified by the approved staging plan as being required based on the cumulative number of units registered to date and proposed in that particular stage. That the owner enter into an Agreement for Servicing with the Regional Municipality of Waterloo to provide access to municipal water supply and municipal wastewater treatment services prior to final approval or any agreement for the installation of underground services, whichever occurs first. Where the owner has already entered into an agreement for the installation of underground servicing with City of Kitchener, such agreement shall be amended to provide for a Regional agreement for Servicing prior to registration of any part of the plan. The Regional Commissioner of Engineering shall advise prior to an Agreement for Servicing that sufficient water supplies and wastewater treatment capacity is available for this plan, or the portion of the plan to be registered. That the owner include the following statement in all agreements of lease or purchase and sale that may be entered into pursuant to Section 52 of the Planning Act, prior to the registration of this plan: "The lot, lots, block or blocks which are the subject of this agreement of lease OCTOBER 5, 1998 COUNCIL MINUTES -479 - REPORTS ADOPTED BY COUNCIL CITY OF KITCHENER or purchase and sale are not yet registered as a plan of subdivision. The fulfilment of all conditions of draft plan approval, including the commitment of water supply and sewage treatment services thereto by the Region and other authorities, has not yet been completed to permit registration of the plan. Accordingly, the purchaser should be aware that the vendor is making no representation or warranty that the lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale will have all conditions of draft plan approval satisfied, including the availability of servicing, until the plan is registered." That the Subdivision Agreement be registered by the City of Kitchener against the land to which it applies and a copy of the registered agreement be forwarded to the Commissioner of Planning and Culture for the Regional Municipality of Waterloo prior to the final approval of the subdivision plan. OTHER AGENCY CONDITIONS: 4) That prior to the commencement of any grading or construction on the site, or prior to final approval of all or any part of the plan, the owner shall submit the following plans and reports to the Grand River Conservation Authority for approval: a) A final Stormwater Management brief indicating conformance with the approved final Stormwater Management Report for the JHS lands as part of Draft Plan of Subdivision 30T-94009. Infiltration on the subject lands must be as defined in that report. (Sept/97 Paragon, Plan Feb 2/98) A final Grading Plan and Erosion and Siltation Control Plan for the lands on the south side of Pioneer Tower Road in accordance with the Grand River Conservation Authority's guidelines, indicating the means whereby erosion PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) will be minimized and silt maintained on-site throughout all phases of grading and construction, and c) In conjunction with the Grading Plan, notes regarding tree saving for any significant species along the south side of Pioneer Tower Road should be submitted. CLEARANCE CONDITIONS: That prior to the signing of the final plan, the City's Assistant General Manager of Business and Planning Services is to be satisfied that all pre-registration requirements in Condition 2 have been met. That prior to the signing of the final plan by the City's Assistant General Manager of Business and Planning Services, the Assistant General Manager is to be advised by the Regional Commissioner of Planning and Culture that Condition 3 has been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region shall include a brief statement detailing how each condition has been satisfied. That prior to the signing of the final plan by the City's Assistant General Manager of Business and Planning Services the Assistant General Manager is to be advised by the Grand River Conservation Authority that Condition 4 has been carried out to the satisfaction of the Grand River Conservation Authority. The clearance letter from the Grand River Conservation Authority shall include a brief statement detailing how the condition has been satisfied. COUNCIL MINUTES OCTOBER 5, 1998 -480 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL NOTES: The owner/developer is advised that the provisions of the Development Charge By- laws of the City of Kitchener and the Regional Municipality adopted in accordance with the Development Char.qes Act, S.O. 1989 apply to this draft approval and are to be satisfied as follows: a) inquiries regarding the application of the City of Kitchener Development Charge By-law should be directed to the City of Kitchener; b) in accordance with subsection 5(2) of Regional Development Charge By-law, ONE OF THE FOLLOWING OPTIONS CAN BE UTILIZED: at the time of entering into a subdivision agreement with the City of Kitchener, the owner/developer may pay 100% of the "Hard Service" development charge component as calculated in accordance with section 1 of Schedule "C" of By-law 91-91, directly to the Regional Municipality of Waterloo; or ii) prior to entering into a subdivision agreement with City of Kitchener, the owner/developer may enter into an agreement with the Regional Municipality of Waterloo to defer payment of the "Hard Service" development charge component in accordance with section 2 of Schedule "C" of By-law 91-91; and c) the owner/developer is to provide the Regional Municipality of Waterloo with a copy of the proposed plan to be registered in conjunction with any payment made under b) above. In addition to the normal registered requirements, this plan must either include or be accompanied by a listing that includes metric area calculations certified by an Ontario Land Surveyor for every lot and block on the plan. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Business and Planning Services Departments of any changes in ownership, agent, address and phone number. Most of the Regional Municipality of Waterloo conditions can be satisfied through an agreement. The onus is on the owner to contact Regional staff in writing to request the preparation of such an agreement. A copy of a reference plan showing the lands to be registered that are affected by the agreement and the conditions to be covered by the agreement should be provided. The fees for the preparation and registration of this agreement, payable to the Regional Municipality of Waterloo, are currently $375.00 and $50.00 respectively. The owner/developer is advised that the Regional Municipality of Waterloo has adopted by-law 96-025 pursuant to Section 69 of the Planning Act, R. S.O. 1990 Chapter P. 13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. 6. The proposed water distribution system meets the definition of a "water works" as OCTOBER 5, 1998 COUNCIL MINUTES -481 - REPORTS ADOPTED BY COUNCIL CITY OF KITCHENER defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 52 of the Ontario Water Resources Act prior to the construction of the proposed water supply system. The proponent must ensure that the application for approval of water works, and appropriate supporting information, are submitted to the Ministry of Environment and Energy for approval. The proposed stormwater management system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed stormwater management system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of Environment and Energy for approval. The proposed sanitary sewage collection system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed sanitary sewage collection system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of Environment and Energy for approval. The owner/developer is advised that draft approval is not a commitment by The Regional Municipality of Waterloo to water and wastewater servicing capacity. To secure this commitment the owner/developer must enter into an "Agreement for Servicing" with The Regional Municipality of Waterloo by requesting that the Region's Planning and Culture Department to initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of Engineering to service the density as defined by the plan to registered, the owner/developer will be offered an "Agreement for Servicing". This agreement will be time limited, define the servicing commitment by density and use. Should the "Agreement for Servicing" expire prior to plan registration, a new agreement will be required. The owner/developer is to provide the Regional Municipality of waterloo with two print copies of the proposed plan to be registered along with the written request for a servicing agreement. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 10. This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, Chapter P.13, as amended by S.O. 1996, c.4 (Bill 20). 11. To ensure that a Regional Release is issued by the Regional Commissioner of Planning and Culture to the City of Kitchener prior to the year end, it is the responsibility of the owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the Regional Planner responsible for the file, no later than December 15th. Regional staff can not ensure that a Regional Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. 12. When the survey has been completed and the final plan prepared, to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance from the/Regional Municipality of Waterloo and applicable clearance agencies that COUNCIL MINUTES OCTOBER 5, 1998 -482 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL the necessary arrangements have been made, the Assistant General Manager of Business and Planning Services' signature will be endorsed on the plan and it will be forwarded to the Registry Office for registration. It is the opinion of this Committee that approval of this application is proper planning for the City. That following the registration of Plan of Subdivision 30T-97023, the City of Kitchener close that section of Pioneer Tower Road (to be renamed Old Pioneer Tower Road following the registration of Plan of Subdivision 30T-94009) west of the turning circle and convey the closed right-of-way to abutting landowners at fair market value. (Dealt with under Delegations and Carried) That consideration of Zone Change Application ZC 97/31/B/ZJ (Dr. Sharon Goodyear-Johnston) be deferred and referred to the October 5, 1998 City Council meeting; and further, That staff of the Department of Business and Planning Services be instructed to hold a meeting with neighbourhood residents and advise them that a decision will be made by City Council on October 5, 1998. (Substitute motion dealt with under Delegations) That City Council give consideration to first and second reading of a by-law to enter into a municipal boundary adjustment agreement with the Township of Woolwich at its meeting of November 2, 1998. 1) That City Council interpret the lands subject to this zone change application as being designated Low Rise Conservation "A" in the Central Frederick Neighbourhood Secondary Plan, as included in the City's Municipal Plan. That Zone Change Application ZC 98/6/S/GR (Donald Poirier), requesting a change in zoning from Convenience Commercial Zone (C-1) to Residential Five Zone (R-5) with special regulation provision 293R according to By-law 85-1 on lands legally described as Part of Lot 15, Registered Plan 414 be approved, in the form shown in the "Proposed By-law" attached, dated August 13, 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) That Demolition Control Application DC98/10/O/RM (Activa Holdings Inc.) requesting approval for the demolition of a single detached dwelling located at 1730 Ottawa Street South legally described as Part of Lot 46, German Company Tract, more particularly described as Parts 1 to 3, Reference Plan 58R-7892 be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. (Dealt with under Delegations and Carried). 1) That Council receive Business and Planning Services Staff Report BPS 98/108 (1997-98 Downtown Monitoring Report) as evidence that the economic conditions of Downtown Kitchener have been progressing in a healthy pace since 1995; and further, COUNCIL MINUTES OCTOBER 5, 1998 -483 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That Council direct staff to distribute this report to the KDBA, Downtown businesses and the real estate/development community for their information. COMMUNITY SERVICES COMMITTEE - That we approve a grant to Christ Lutheran Elementary School, in the amount of $750.00, in 1998, towards the purchase and installation of a new children's playground facility for the school, in accordance with the City of Kitchener policy governing playground equipment grants for school and community groups. 2. That Council name the park on Old Mill Road at Pinnacle Drive "Willow Lake Park". That the City of Kitchener enter into negotiations with the developer (Broward Landev Corp.) of the former Smiles 'N Chuckles property to purchase a parcel of land, identified as Block 20 on the plan attached to the report of Mr. P. Wetherup, Parks Planner, dated September 23, 1998, for park purposes, and further, That no purchase of Block 20 of the former Smiles N' Chuckles property take place until the grading of the park is complete. (Action deferred and referred to a future meeting of the Community Services Committee pending further staff discussions with the Developer) That Chapter 210 of the City of Kitchener Municipal Code be amended in accordance with the Draft By-Law attached to the report of Ms. L. Eckel-Braun, Supervisor of Cemeteries, dated September 24, 1998, to provide for Willows Cremation Gardens, and further, That the Cemeteries Division Tariff of Charges be amended in accordance with the Draft Tariff, attached to the report of Ms. L. Eckel-Braun, Supervisor of Cemeteries, dated September 24, 1998, to provide for the fees to be charged at Willows Cremation Garden, and further, That staff be authorized to forward copies to the Registrar of the Cemeteries Regulation Branch. That the Manager of Cemetery & Golf Course Operations be directed to finalize arrangements with Mrs. B. Misselbrook regarding the details of the sizing and positioning of her memorial in Section W in Woodland Cemetery, and further, That a report be brought back to the Community Services Committee which outlines the final details of the agreement. FINANCE AND ADMINISTRATION COMMITTEE - That subject to agreement by Cebu City, Philippines, Kitchener extend its Federation of Canadian Municipalities/Canadian International Development Agency partnership with Cebu for an additional two years as outlined in the report of R. W. Pritchard and J. Gazzola dated September 2, 1998, with the Chief Administrative Officer to recommend, well in advance of the exchange, who will participate and the co-ordinated approach to be taken to address the staffing implications where senior staff are involved, as well as related consideration of other absences during the year involving vacation, training and conference attendance; and further. That in addition to any overall evaluation of the partnership extension, a method be put in place to OCTOBER 5, 1998 COUNCIL MINUTES -484 - REPORTS ADOPTED BY COUNCIL CITY OF KITCHENER specifically evaluate the benefits relative to economic development, with an annual report in this regard submitted to Council. (As Amended) That Legal Department staff initiate discussions with Canadian National Railways (CNR) to identify solutions to address the concerns of residents in the Victoria Street North and Filbert Street area relative to noise from the railway line and shunting yard; and further, That they also raise the issue of noise resulting from the CNR practice of idling engines near the Kitchener train station. That no action be taken on the request of Ivanka and Dimitri Nenkov for a retroactive reduction in the 1992 - 1997 property taxes for 528 Lancaster Street West as a consequence of a 1998 reduction in the assessed value of the property. That consideration of the application of Mr. Hien Hoang for a Pawnbrokers Licence to establish a business at 322 King Street West be deferred and referred to the October 26, 1998 Finance and Administration Committee meeting pending receipt of additional reports from the Legal Department and the Downtown Development Team. That the City of Kitchener not pursue the development of the former Kitchener Landfill Site on Strasburg Road until the 25 year period requiring ministerial approval (Ministry of the Environment and Energy) has expired in 2003; and, That in the interim, the Department of Parks & Recreation explore alternative site development plans with the final plan to be completed and approved by 2002, such site plans to be brought back to Management Committee for review and approval prior to consideration by Council; and, That Kitchener Council set aside $100,000.00 in the 10 year Capital Forecast to retain the firm of Conestoga Rovers and Associates Limited to provide consulting services to conduct the necessary due diligence for development of the former Kitchener Landfill Site; and further, That through the Legal Department, the City pursue establishment of a formal agreement with the Region of Waterloo to undertake development of the former Kitchener Landfill Site after the year 2003. That Council adopt the draft policy on tracking of corporate studies and research databases as appended to the report of G. Sosnoski dated September 22, 1998 in partial fulfillment of Corporate Objective 7.4 (Phase 1). That prior to the 1999 budget process, staff prepare a comprehensive report on all fees charged by City departments, and outlining the rationale for the fee and whether it results in a profit or is based solely on cost recovery; and further, That staff advise by the October 26, 1998 Finance and Administration Committee meeting of the date the report will be available. HERITAGE KITCHENER (L.A.C.A.C.) (September 28, 1998) That, pursuant to Section 29 of the Ontario Heritaqe Act, the Clerk be directed to publish a Notice of Intention to designate the property municipally known as 237 Frederick Street (The Frederick Louis Knells House) as being of historic and architectural significance, and further COUNCIL MINUTES OCTOBER 5, 1998 -485 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That the designation include all exterior elevations of the main two storey house only, with the specific features to include; the brick faCade, roof and roofline including shed dormers; polygonal projecting bay with wood shingled gable, decorative pendant and barge board; wood cornice; brackets under eaves; all window openings, windows, wood sills and brick voussoirs; and the partially enclosed verandah with tapered wood posts and brick piers. (Action on the proposed heritage designation and demolition application deferred and referred to the November 2, 1998 Council meeting) HERITAGE KITCHENER (L.A.C.A.C.) (October 2, 1998) That, pursuant to Section 29 of the Ontario Heritaqe Act, the Clerk be directed to publish a Notice of Intention to designate the property municipally known as 20 Greenbrook Drive (Greenbrook Pumping Station) as being of historic and architectural significance, and further That the designation include all exterior elevations of the 1912 building and 1930, 1960 and 1990 additions; with the specific features of the designation to include: brick faCade including protruding brick detailing, window openings and windows including voussoirs and concrete sills, corbelling at cornice and walls, roof and rooflines, of the 1912 building; brick fa¢ade, window openings and paned glass windows, plain cornice, roof and roofline of the 1930 addition; brick and paned glass fa¢ade, decorative brick detailing, window and door openings, plain cornice, roof and rooflines of the 1960 and 1990 additions. (Dealt with under Delegations and Carried.) PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That the hourly parking rate in Lot No.1, Charles Street, be $1.25 per hour, $5.00 daily maximum, Monday to Saturday, 8:00 a.m. to 6:00 p.m., and further, That monthly parking be permitted in Lot No.1, Charles Street, with a monthly rate of $50.00 per month plus taxes. That the hourly parking rate in Lot No.19, Centre In The Square, be $1.25 per hour, $5.00 daily maximum, Monday to Saturday, 8:00 a.m. to 6:00 p.m. 3. That Halls Lane West, from Queen Street to Seignor Lane, be reverted to two-way traffic. That parking be prohibited on both sides of Littlefield Crescent from the north intersection of Williamsburg Road to houses #20/21 Littlefield Crescent, and further, That the Uniform Traffic By-law be amended accordingly. That the speed limit on Clark Avenue, from Siebert Avenue to Wilson Avenue, be reduced to 40 km/h, and further, That the Uniform Traffic By-law be amended accordingly. 6. That staff continue to investigate the merits of a co-operative tender for waste collection services. That new sidewalks on existing streets be considered for addition to the Capital Forecast by City Council on a priority basis as detailed in the report considered by the Public Works and Transportation Committee on September 28, 1998, and further, PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) COUNCIL MINUTES OCTOBER 5, 1998 -486 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 7. (Cont'd) That sidewalks be installed on existing streets as outlined in Schedule 'A' of the report presented to the Public Works and Transportation Committee on September 28, 1998, and further, That the funding for this work be provided in the 10 Year Capital Forecast as shown in Schedule 'B' of the report presented to the Public Works and Transportation Committee on September 28, 1998, and further, That new sidewalks on local streets, where they were not included as part of the original subdivision servicing, as outlined on Schedule 'C' of the report presented to the Public Works and Transportation Committee on September 28, 1998, be constructed under the Local Improvement Act, and further, That the practice of requiring developers to finance new sidewalk construction for subdivisions and site re-development be continued, as contained in the proposed Sidewalk Policy, and further, That the City of Kitchener prioritize sidewalk projects on Regional roads and request the Regional Municipality of Waterloo to take all appropriate action regarding any required property acquisitions. COUNCIL MINUTES OCTOBER 5, 1998 OCTOBER 5, 1998 -486 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE ACTING CHIEF ADMINISTRATIVE OFFICER - (CONT'D) COUNCIL MINUTES -486 - CITY OF KITCHENER COMMITTEE OF THE WHOLE OCTOBER 5, 1998 COUNCIL MINUTES -486 - COMMITTEE OF THE WHOLE CITY OF KITCHENER A. 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." B. REPORT OF THE ACTING CHIEF ADMINISTRATIVE OFFICER - 1. Enqineerinq Aqreement - WEST WARD It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and the Delcan Corporation, regarding Highland West Subdivision, Draft Plan of Subdivision 30T-86016." Banner Request It was resolved: "That in conjunction with the Chinese New Year cultural event to be held in the Rotunda, Kitchener City Hall on February 13, 1999, we grant permission for the erection of a banner on King Street at Frederick/Benton Streets from Monday, January 25, 1999 to Sunday, February 14, 1999 inclusive Further, that arrangements be made with the City's Contractor for erection of the banner and the payment of any costs by the organization associated therewith." 3. Licenses It was resolved: "That a 1998 Permanent Vendor Licence be issued to Jose Luis Illescas for a used car business at 249 Courtland Ave. East, Unit # 5." -and- "That Civitan Sports-Waterloo Region be granted permission to conduct Bingo Lotteries at Kitchener Charities Bingo Palace, 29 King Street East, Kitchener." COUNCIL MINUTES OCTOBER 5, 1998 -487 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE ACTING CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 4. Lease of Space - 1197 Union Street It was resolved: "That the Mayor and Clerk be authorized to sign a lease with Wayde Arthur Hodder and Karen Lorraine Hodder c.o.b, as Hodder's Exterior Cladding satisfactory to the City Solicitor to rent approximately 1,080 square feet at the City's building at 1197 Union Street (the "Maple Street facility") at a rent of $3.25 per square foot per annum plus G.S.T. and including utilities for a one year term but terminable on sixty days' notice." 5. Licensinq Aqreements It was resolved: "That Council delegate to the Director of Information Services the authority to sign licensing agreements, satisfactory to the City Solicitor, pertaining to the use of Third Party Digital Data and/or City Digital Data." 6. Ad Hoc Committee on Companion Animals Council was in receipt of correspondence from the City of Waterloo containing a resolution passed by its Council on June 22, 1998 requesting Kitchener's participation in a joint Ad Hoc Committee to determine the feasibility of a sterilization program for companion animals involving both municipalities. It was resolved: "That Councillor Jake Smola represent the City of Kitchener on the joint Ad Hoc Committee struck to investigate the feasibility of a sterilization program involving companion animals in the Cities of Kitchener and Waterloo." 7. Tenders This item was dealt with under Delegations.