HomeMy WebLinkAboutCouncil Minutes - 1993-06-21COUNCIL\1993-06-21
COUNCIL MINUTES
JUNE 21, 1993
The Council of the Corporation of the City of Kitchener met this date with all members present except
Alderman C. Weylie.
In response to a request from Alderman C. Zehr, it was generally agreed that the minutes of the special
Council meeting held June 14, 1993, would be amended to indicate he was not in attendance at the
meeting and consequently did not participate in the recorded vote referred to on page 323.
On motion by Alderman J. Ziegler, the minutes of the regular meeting held on May 25 and the special
meetings held June 7 and 14, 1993, as mailed to the Mayor and Aldermen, and amended this date, were
accepted.
A. Communications - N I L
Alderman C. Zehr introduced Mr. Willem Van Rooyen, Mr. Cornelius Kruger and Mr. Thomas Kaura who
were in attendance this date as delegates from Windhoek, Namibia.
Ms. Mary Lou McGill appeared on behalf of the K-W Hospital Auxiliary concerning the Strawberry Bowl
Fundraising event scheduled for June 29, 1993. Ms. McGill thanked the Mayor and Council for
proclaiming the event and extended an invitation to attend.
Mr. J. Andrews, Chief Administrative Officer, Wellington County, appeared on behalf of the Ontario
Municipal Management Institute and presented Mr. T. McKay with a Certified Municipal Management
Certificate III, in recognition of his extensive involvement in Municipal Affairs and Government in Ontario.
It was noted that the certificate is the highest level awarded by the Institute.
Mr. T. Oldham, Business Manager, and Mr. J. Wilson, President, appeared on behalf of the Waterloo,
Wellington, Dufferin and Grey Building and Construction Trades Council to present a $25,000 cheque
representing their pledge to the City Hall Public Arts Trust Fund. Alderman M. Wagner and Mayor D.V.
Cardillo accepted the cheque on behalf of the Arts Committee and City Council, respectively. Both
extended thanks to the Trades Council and Alderman Wagner noted the significance of the contribution,
given the current economic situation.
Moved by Alderman G. Lorentz
Seconded by Alderman B. Stortz
That clause 1 of the Community Services Committee report of this date be adopted.
Alderman C. Zehr pointed out that though it is difficult to argue against such a worthwhile event, the
request is contrary to Council's stated policy and advised that he cannot support the recommendation.
Alderman M. Yantzi indicated agreement with Alderman Zehr's concerns and advised that he could not
support the recommendation. Alderman G. Lorentz indicated his support for the request, noting that the
event is an effective promotional tool for drug awareness and will raise money to be spent in the
community. Alderman J. Ziegler indicated that Council should judge requests of this nature on their own
merits and indicated his support.
The previous motion by Alderman G. Lorentz to adopt clause 1 of the Community Services report was
dealt with and a recorded vote requested.
In favour: Mayor D.V. Cardillo, Aldermen M. Wagner, J.
Smola, G. Leadston, J. Ziegler, T. Galloway, G. Lorentz.
Contra: Aldermen B. Stortz, C. Zehr and M. Yantzi.
Carried.
Mr. Mitchell Wawzonek was in attendance on behalf of Skills Canada - Conestoga College and in support
of clause 2 of the Community Services Committee report of this date relative to a cash grant to offset a
portion of the expenses for sending a student to the International Youth Skills Olympics in Taiwan. Mr.
Wawzonek advised that Skills Canada is a non-profit organization promoting skilled trades and noted that
the City of Waterloo has already agreed to a $1,000 contribution.
Moved by Alderman G. Lorentz
COUNCIL M/NUTES - 326 - JUNE 21, 1993
Seconded by Alderman B. Stortz
That clause 2 of the Community Services Committee report of this date be adopted.
In response to a question from Alderman M. Yantzi, Mr. Wawzonek confirmed that the student in question
is competing as an individual and added that extensive fundraising has been undertaken in the
community to assist with travel expenses. Alderman M. Wagner stated that notwithstanding the fact that
the individual's accomplishments are commendable, he cannot support the request since he is not
advancing to the event in Taiwan after having won a provincially or nationally significant event. Alderman
J. Ziegler indicated that his position is similar to Alderman Wagner's, adding that the request is contrary
to City policy and will result in an overexpenditure of the grant account. He also noted the potential for
similar requests in future.
Alderman G. Lorentz suggested that it was hypocritical to accept a cheque this date from the Trades
Council and to then refuse sponsorship of an individual competing on behalf of the community.
The previous motion by Alderman G. Lorentz to adopt clause 2 of the Community Services Committee
report of this date was dealt with and a recorded vote was requested.
In favour: Mayor D.V. Cardillo, Aldermen G. Lorentz, J. Smola
and G. Leadston.
Contra: Aldermen M. Wagner, B. Stortz, M. Yantzi, C. Zehr, J.
Ziegler and T. Galloway.
MOTION LOST.
Messrs. M. Weinberg and P. Dietrich were in attendance concerning clause 6 of the Planning and
Economic Development Committee report of this date (Zone Change Application 93/3/G/JG - Northport
Landing Inc.). Both indicated support for a deferral of the recommendation. Mr. Weinberg also asked
that staff report as to the planning rationale for allowing the proposed uses to stand as principle rather
than ancillary uses within an institutional designation.
Moved by Alderman J. Ziegler
Seconded by Alderman T. Galloway
That consideration of clause 6 of the report of the Planning and Economic Development
Committee of this date (Zone Change Application 93/3/G/JG - Northport Landing Inc.) be deferred
and referred to the August 16, 1993 Committee meeting pending a further staff report.
Carried.
Mr. P. Britton, MacNaughton Hermsen Britton Clarkson Planning Limited, appeared concerning clauses
14 (Laurentian West Community Plan) and 17 (Zone Change Application 92/3/W/CL) of the Planning and
Economic Development Committee report of this date.
Alderman G. Lorentz disclosed a conflict of interest and abstained from all discussion and voting
concerning clauses 8-16 (inclusive) as his parents live in the area.
Council was in receipt this date of Development Division report PD.68/93 dated June 21, 1993 which is
an addendum to PD. 60/93.
Mr. T. McCabe advised that PD.68/93 includes selected revisions to the Draft Plan Zoning By-law and
subject conditions and the recommendations therein are intended to replace in its entirety clause 17 of
the Planning and Economic Development Committee report of this date. Mr. McCabe outlined the
changes in the revised recommendation indicating that these have been agreed to by all affected parties.
Mr. P. Britton confirmed his clients agreement with the recommendation as revised and thanked staff for
their efforts in arriving at a mutually agreeable solution. He also wished to confirm his understanding that
the amending by-law had been added to the agenda this date.
Mr. M. Code, Code MacKinnon Limited, appeared on behalf of Max Becker Enterprises and indicated his
client's agreement with the revised recommendation. He likewise acknowledged the assistance of staff in
facilitating a solution.
It was generally agreed that the recommendation in Development Division Report PD.68/93 would
COUNCIL MINI~ES - 327 - JUNE 21, 1993
replace in its entirety clause 17 in the Planning and Economic Development Committee report of this
date.
Moved by Alderman J. Ziegler
Seconded by Alderman B. Stortz
That clause 17 of the Planning and Economic Development Committee report of this date be
adopted.
Alderman T. Galloway questioned why a second access was not provided as this is contrary to Council's
recent policy. He also asked why the emergency access is located as shown. Mr. T. McCabe replied that
the Region of Waterloo expressed concern over the number of access points and did not support a
second emergency access. He also advised that staff felt the "P" loop with access was sufficient. He
added that the Block 70 location is the Iow point of Westmount Road and moving it would have been
neither appropriate nor required. Alderman Galloway also expressed concern over the pedestrian
linkage in the area of Westmount Road/Waterford Drive. Mr. McCabe replied that no concerns in this
regard were expressed during circulation and that pedestrians would be directed to the signalized
intersection.
The previous motion by Alderman J. Ziegler to adopt clause 17 of the Planning and Economic
Development Committee report was voted on and Carried.
Alderman G. Lorentz previously disclosed a conflict of interest and abstained from all discussion and
voting as his parents live in the area.
Mr. P. Britton was in attendance with Mr. D. Smith and in support of clause 14 of the Planning and
Economic Development Committee report of this date 'Laurentian West Community Plan - Phases I & II).
Moved by Alderman J. Ziegler
Seconded by Alderman T. Galloway
That clause 14 of the Planning and Economic Development Committee report of this date be
adopted.
Carried.
Alderman G. Lorentz previously disclosed a conflict of interest and abstained from all discussion and
voting as his parents live in the area.
Mr. R. Braun was in attendance this date on behalf of the Bethany Missionary Church and in support of
clauses 2 (Demolition Control Application DC 93/03/RM) - The Walter Fedy Partnership) and 3 (Zone
Change Application 921411CNL - Bethany Missionary Church).
Moved by Alderman J. Ziegler
Seconded by Alderman T. Galloway
That clauses 2 and 3 of the Planning and Economic Development Committee report of this date be
adopted.
Alderman B. Stortz questioned the wording in clause 3 relative to road widenings. Mr. T. McCabe replied
that the lands in question will remain in title to the church until such time as they are required by the City
for services, intersection improvements or the physical widening of Chapel and Lancaster Streets.
Alderman M. Wagner stated that he is opposed in principle to the recommendations on the basis that
demolition would create a negative and permanent impact on the streetscape, and that more appropriate
solutions to the transportation problem than the creation of unnecessary parking spaces are required.
The previous motion by Alderman J. Ziegler to adopt clauses 2 & 3 of the Planning and Economic
Development Committee report of this date, were voted on and Carried.
In response to the comments of Alderman M. Wagner, Mr. R. Braun advised that one of the homes in
question is currently housing the church pastor, two are not suitable for occupancy and the remaining
building has not been a single family residence for approximately 35 years.
Mr. P. Corless, Waterous, Holden, Amey, Hitchon, appeared on behalf of Kast Construction Limited and
COUNCIL MINI~ES - 328 - JUNE 21, 1993
in opposition to clause 9 of the Finance and Administration Committee report of this date (Tender T93-
51). Council was also in receipt this date of a letter from Mr. Corless dated June 18, 1993 outlining his
clients objection to the recommendation that the tender for construction of the Kolb Drain Watercourse
and Trunk Sanitary Sewer be awarded to Subterra Waterloo Inc. on the basis that the Subterra tender
form was not signed.
Mr. Corless advised that his client was the second lowest bidder and is of the opinion that the
recommendation before Council this date is contrary to the City's tendering terms. He read from the
tender form which indicates that failure to sign the document in question will result in non-acceptance of
the tender. He pointed out that in failing to sign the document Subterra has made a fundamental
omission and to award them the tender in this instance would destroy the integrity of the process. Mr.
Corless stated that Kast has dealt with the City in the past and asked Council to adhere to its tendering
terms by disregarding the Subterra bid and approving the tender of Kast Construction Limited. In
response to a question from Mayor D.V. Cardillo, it was indicated that the difference between the first and
second lowest bidder amounts to approximately $80,000.
Moved by Alderman B. Stortz
Seconded by Alderman C. Zehr
That clause 9 of the Finance and Administration Committee report of this date be adopted.
Alderman J. Ziegler enquired as to whether the City is at liberty to re-tender and Mr. J. Wallace replied
that the municipality is not required to accept any of the tenders. Mayor D.V. Cardillo pointed out that the
Subterra bid bond had been signed, which clearly indicates their intent to bid. In response, Mr. Corless
argued that the signature is a critical element and failure to sign the tender document renders it non-
existent. He also referred to several scenarios where tenders may be deliberately submitted unsigned.
Mr. L. Gordon expressed the opinion that based on the bid bond included by Subterra, it was clear they
intended to bid.
The previous motion by Alderman B. Stortz to adopt clause 9 of the Finance and Administration
Committee report of this date was voted on and Carried.
Ms. N. Palmer, 160 Moore Avenue, appeared concerning clause 12 of the Public Works and
Transportation Committee report of this date as it relates to a proposed service change affecting Route 4
- Glasgow.
Alderman B. Stortz suggested that this portion of the recommendation be referred to the July 5, 1993
meeting of the Public Works and Transportation Committee for a full presentation. Alderman C. Zehr
asked that if deferred, the handout provided by Ms. Palmer this date be circulated with the agenda.
Moved by Alderman B. Stortz
Seconded by Alderman J. Smola
That the portion of clause 12 (new clause 13) of the Public Works and Transportation Committee
report of this date dealing with a proposed transit service change regarding Route 4 - Glasgow, be
deferred and referred to the July 5, 1993 Committee meeting.
Carried.
Alderman J. Smola advised that the new owners of Uniroyal Goodrich had contacted him concerning
transit service and he requested staff input in this regard.
Ms. Kristy Todd appeared on behalf of the Race Relations Committee of Kitchener-Waterloo to present a
resolution for Council's endorsement concerning the activity of racist groups in the community. In addition
to the proposed resolution, a Statement of Intent signed by area Mayors was also circulated this date.
Ms. Todd read the resolution in its entirety. Alderman B. Stortz suggested that the final clause which
relates to contacting other Cities, Regions and Townships be amended to indicate circulation to the
Premier and Attorney General of Ontario, the Association of Municipalities of Ontario and all Regions and
Cities with populations in excess of 50,000. He subsequently requested that the circulation list be
extended to include all municipalities within the Region of Waterloo.
Alderman T. Galloway asked whether Ms. Todd was familiar with initiatives undertaken by other
municipalities which could be put in place in Kitchener and she replied in the negative.
COUNCIL M/NUTES - 329 - JUNE 21, 1993
Ms. Judit Alcalde, Program Co-ordinator, Race Relations Committee of Kitchener-Waterloo, appeared
and indicated her support for the resolution before Council this date.
Ms. Betty Nelson-French appeared on behalf of the Social Planning Council of Kitchener-Waterloo and
urged Council to take a strong stand and support the resolution before them. She also referred to recent
activities of the Heritage Front and suggested that racism should be condemned in every way possible.
Mr. W. Ferguson, M.P.P., appeared in support of the proposed race relations resolution. He advised of
meetings with the Attorney General of Ontario who hopes to meet with Federal counterparts to strengthen
the Criminal Code in this area. He added that a round table on the subject of race hatred has also been
struck. Mr. Ferguson suggested it is important to make people aware of this issue and send a strong
statement that racist behaviour will not be tolerated.
Ms. N. Brawley, appeared on behalf of the Kitchener Downtown Business Association and indicated full
support of the proposed resolution. She suggested that everything possible should be done to stop racist
activities in the community.
Ms. K. Smith appeared in her capacity as President-elect of the Chamber of Commerce of Kitchener-
Waterloo and read from a prepared statement. She referred to recent activities of the Heritage Front and
corresponding news coverage, noting that Kitchener is rapidly being perceived by those outside of the
community as a breeding ground for Neo-Nazis. She referred to the social and economic costs of race
hatred and asked Council to speak out publicly against all racist activity.
Mr. B. Greenberg appeared on behalf of the Beth Jacob Synagogue, concerning the proposed resolution
and referred to the impact on youth targeted by hate groups. He referred in particular to the recent public
rally of the Heritage Front held in the downtown, noting that the Front is the enemy of everything our
multi-cultural society represents. He stated that Council has both the opportunity and an obligation to act
decisively as regards this issue.
Ms. S. Forrest appeared on behalf of the Waterloo Public Interest Research Group - Promoting Racial
Equality Work Group, and spoke out against racism and its impact on the community.
Ms. H. Heighes appeared on behalf of the Waterloo Regional Labour Council and indicated that the
labour movement has zero tolerance for racism. She spoke in support of the proposed resolution and
indicated her organization's willingness to work closely with the Race Relations Committee of Kitchener-
Waterloo.
Mr. D. Peachey, Inter-Racial & Cross Cultural Conflict Resolution Project (Conrad Grebel College)
expressed concern over both the blatant and insidious forms of abuse and racism. He suggested that the
proposed resolution should require Council to take more direct action in this regard and indicated his
willingness to work in an advisory capacity.
Alderman B. Stortz referred to a recent meeting involving various community groups and asked Council to
endorse the resolution before them this date. Alderman M. Wagner suggested that it is important to let
people know how you feel about an issue and the strength of those feelings. Alderman G. Leadston
offered the opinion that groups like the Heritage Front are unlikely to obtain a firm hold in the community.
He questioned the feasibility of using existing legislation to discourage racist activity and in this regard
referred to a downtown business which was recently used for a Heritage Front rally. Alderman M. Yantzi
indicated his support for the proposed resolution, but noted that this is only a start since a public
statement must be accompanied by a broader look at the causes of racism. Alderman C. Zehr thanked
those in attendance for their presentation and acknowledged the need to address the issue. He noted
that Kitchener has attempted to promote itself as a hospitable community and consequently it is important
to speak out strongly against racism and adopt an intolerant stance in this regard.
Alderman T. Galloway suggested that Mr. T. McKay and the Management Committee investigate the
initiatives which could be put into place at the departmental level to combat racism and that a report in
this regard be submitted to Council for consideration. He specifically referred to policies concerning
access to and use of City facilities. He added that thought should be put into developing actions to
complement the statements made and endorsed this date. Alderman J. Ziegler expressed the opinion
that publicity gratifies and insights racist groups like the Heritage Front and suggested that staff meet with
the editorial board of the K-W Record to address this issue.
Moved by Alderman B. Stortz
Seconded by Alderman T. Galloway
COUNCIL M/NUTES - 330 - JUNE 21, 1993
WHEREAS Canada and the Province of Ontario have policies which promote racial harmony in
our communities, and,
WHEREAS the Mayors of the Cities of Cambridge, Kitchener, Waterloo, the Regional Municipality
of Waterloo and the Townships of North Dumfries, Wellesley, Wilmot and Woolwich have signed
a Statement of Intent declaring their commitment to the prevention of any form of racial, ethnic or
religious discrimination or harassment, as defined in Federal and Provincial Human Rights
legislation, and,
WHEREAS this community consists of multi-racial, multi-lingual and multi-faith peoples learning to
live together peacefully, and,
WHEREAS a number of racist organizations/groups have begun disseminating hatred and
recruiting white supremacist members with the objective of destroying the rights and freedoms of
groups who have contributed so much and so freely to this country, and,
WHEREAS we do not wish history to repeat itself,
THEREFORE BE IT RESOLVED that the Council of the City of Kitchener hereby:
(a)
condemns in the strongest terms, the actions of the Heritage Front and other racist
organizations, and,
(b)
continues to support and develop policies and actions within our municipalities that send
out a clear message that racism will not be tolerated in this or any other community within
the country, and,
(c)
takes a leadership role in encouraging the Attorney General of Ontario to proceed, where
appropriate, with charges against white supremacist groups for the incitement of hatred in
accordance with the Criminal Code of Canada, and further,
That this resolution be forwarded to the Premier, the Attorney General of Ontario, the Association
of Municipalities of Ontario, all municipalities in the Region of Waterloo, all Regional Municipalities
in Ontario and all Cities in the Province with a population over 50,000 for their support.
Carried Unanimously.
Moved by Alderman C. Zehr
Seconded by Alderman J. Smola
That clause 6 of the Community Services Committee report of this date be adopted.
Carried.
Moved by Alderman J. Ziegler
Seconded by Alderman T. Galloway
That the report of the Planning and Economic Development Committee of this date be adopted.
Alderman T. Galloway referred to clause 11 and indicated he would not support the recommendation as
Collector Road "D" dissects a wetland ecosystem. Alderman J. Ziegler suggested that the developer be
advised that if in future an alternative for the collector road location emerges, it would be considered and
dealt with at that time.
Mr. D. Snow suggested that the issue of access had been dealt with adequately and the most appropriate
route selected. He further stated that the ecosystem referred to by Alderman T. Galloway is not being
dissected and that the proposed collector road would incorporate an existing haulage road and have no
significant impact on the adjacent wetland area. He suggested that the second means of access is
intended to prevent congestion on the other collector road. Alderman Galloway offered the opinion that
environmental consideration should take precedence over transportation concerns and suggested that
the existing haulage road be removed and the area rehabilitated or alternately converted to a trail. He
indicated that the intrusion of the roadway in this area is unacceptable and if Council adopts the
recommendation they should at minimum agree to flag the collector road for the consideration of
COUNCIL M/NUTES - 331 - JUNE 21, 1993
alternatives as suggested by Alderman J. Ziegler.
Mr. T. McCabe clarified that clause 11 is an Official Plan Amendment for map changes and it may be
more appropriate to include the suggestion made by Alderman J. Ziegler in the Laurentian West policies.
It was generally agreed that with respect to Official Plan Amendment Application 92/19 (Laurentian West
Collector Roads and Major Open Space) it be noted that in the event an alternative location for Collector
Road "D" emerges at a later date, it will be considered at that time.
The report of the Planning and Economic Development Committee was put to a vote.
Voted on clause by clause.
Clauses 2, 3, 14 & 17 - Dealt with under Delegations and
Carried.
Clause 6 - Dealt with under Delegations and action deferred
and referred to the August 16, 1993 meeting of the Planning
and Economic Development Committee.
Clause 11 - Carried.
Balance of Report - Carried.
The following conflicts of interest and abstentions were
declared:
Clauses 8-16 (inclusive) - Alderman G. Lorentz as his parents
live in the area.
Alderman C. Zehr advised that the City Hall Steering Committee Report of this date was being amended
to include four recommendations from the Committee meeting held this date.
Moved by Alderman C. Zehr
Seconded by Alderman G. Lorentz
That the report of the City Hall Steering Committee of this date (June 14 and 21, 1993) be
adopted, as amended.
Carried.
Moved by Alderman G. Lorentz
Seconded by Alderman B. Stortz
That the report of the Community Services Committee of this date be adopted.
Voted on clause by clause.
Clauses 1 & 6 - Dealt with under Delegations and Carried.
Clause 2 - Dealt with under Delegations and MOTION LOST.
Balance of Report - Carried.
Coincident with the introduction of the Environmental Committee report, Council was referred to a
memorandum from Mr. C. Ford dated June 17, 1993 clarifying the relationship between the type of
refrigerant specified in an upcoming tender for new air-conditioned buses and pending legislation which
would ban certain types of refrigerants. The report indicates that the refrigerant in the tender specification
is not included in the proposed ban, and as a result Mr. Ford concluded that the Committee
recommendation is no longer required.
COUNCIL M/NUTES - 332 - JUNE 21, 1993
It was agreed to withdraw the Environmental Committee recommendation.
Moved by Alderman B. Stortz
Seconded by Alderman C. Zehr
That the report of the Finance and Administration Committee of this date (June 7 and 14, 1993) be
adopted.
Alderman B. Stortz indicated that a request had been received to defer consideration of clause 3 and
refer the recommendation to the July 12, 1993 Council meeting. Alderman J. Ziegler indicated agreement
with the deferral but asked that Mr. T. McKay contact the Board of Directors for the Deer Ridge Golf Club
and asked them to reconsider their request. Mayor D.V. Cardillo indicated he would not support the
action suggested by Alderman Ziegler.
Moved by Alderman J. Ziegler
Seconded by Alderman J. Smola
That Mr. T. McKay approach the Board of Directors of the Deer Ridge Golf Club and respectfully
suggest they reconsider their request for an agreement pursuant to section 23 of The Assessment
Act.
Carried.
Both Aldermen B. Stortz and J. Ziegler pointed out that their comments in opposition to the request of the
Deer Ridge Golf Club were not recorded in the minutes of the June 14, 1993 Finance and Administration
Committee meeting.
It was generally agreed to defer consideration of clause 3 of the Finance and Administration Committee
report of this date and refer the recommendation to the July 12, 1993 Council meeting.
On motion by Alderman C. Zehr seconded by Alderman G. Lorentz, the Committee agreed to add a
recommendation relative to the Memorandum of Settlement dated June 4, 1993 for Local 304 as clause
14 of the Finance and Administration Committee report of this date.
The Finance and Administration Committee report was put to a vote.
Voted on clause by clause.
Clause 3 - Action deferred and referred to the July 12, 1993
Council meeting.
Clause 9 - Dealt with under Delegations and Carried.
Balance of report - Carried.
Moved by Alderman M. Wagner
Seconded by Alderman T. Galloway
That the report of the Local Architectural Conservation Advisory Committee of this date be
adopted.
Alderman M. Wagner requested that clause 2 of the report be withdrawn and referred to the July meeting
of the Local Architectural Conservation Advisory Committee.
The report was then put to a vote.
Voted on clause by clause.
Clause 2 - Action deferred and referred to the July 9, 1993
Local Architectural Conservation Advisory Committee meeting.
COUNCIL M/NUTES - 333 - JUNE 21, 1993
Balance of report - Carried.
Moved by Alderman M. Wagner
Seconded by Alderman J. Smola
That the report of the Public Works and Transportation Committee of this date be adopted.
Alderman J. Ziegler referred to clause 9 and offered the opinion that applying an administrative fee to
applications for sewer connections amounts to double payment for municipal services and on this basis
indicated he opposes the recommendation.
Alderman G. Lorentz referred to clause 8 and questioned what action the City would take in the event the
recommendations put forward by the consultant do not adequately address the flooding problems on
Royal Orchard Drive. Mr. D. Suzuki replied that the consultant also referred to installation of underground
storage tanks and this alternative would have to be investigated.
The report of the Public Works and Transportation Committee was put to a vote.
Voted on clause by clause.
Clause 9 - Carried.
Clause 13 - Dealt with under Delegations and action deferred
and referred to the July 5, 1993 Public Works and
Transportation Committee meeting.
Balance of Report - Carried.
Alderman M. Wagner referred to clauses in the Public Works and Transportation Committee report which
involve the closing of residential streets for neighbourhood celebrations. He offered the opinion that such
celebrations are commendable and noted that in these instances certain charges relative to road barriers
had been waived. Alderman C. Zehr commented that the City was able to avoid overtime costs as the
barriers will be delivered and picked up during normal working hours, an approach which requires the co-
operation of the ratepayers involved.
Alderman M. Wagner referred to a balloon sign owned by the Visitor and Convention Bureau which is
presently attached to a building roof and is in contravention of the City's Sign By-law. He explained that
by the time the necessary approvals are obtained, the 1993 tourist season would be all but over. He
advised that he had spoken with Public Works and asked that they ensure the balloon is properly and
safely secured. Alderman Wagner asked whether Council could approve the use of the balloon in
principle subject to the Bureau obtaining the appropriate approvals.
Mr. T. McKay suggested that one approach would be to instruct staff not to enforce the Sign By-law and
to make this instruction subject to the owner submitting an application to the Committee of Adjustment.
Mr. T. McCabe advised that staff have received a number of applications of this sort over the years and
suggested that if Council is sympathetic to the request, they should adopt the suggestion offered by Mr.
McKay.
Moved by Alderman M. Wagner
Seconded by Alderman C. Zehr
That subject to the owner making appropriate application to the Committee of Adjustment, staff
refrain from enforcing the provisions of the City's Sign By-law as it relates to a balloon sign on the
roof of the premises at 2848 King Street East.
Carried.
Alderman C. Zehr advised that he has received complaints from several restaurateurs in plazas where
food carts sponsored by local charities have been allowed to operate. He noted that these are licensed in
a manner different from those in the downtown. Alderman Zehr asked that staff prepare and forward a
report to the Finance and Administration Committee outlining the options in this regard. Alderman G.
Lorentz also asked that staff investigate similar situations in the City of Cambridge.
Alderman M. Yantzi reminded Council of the upcoming official opening of the Victoria School Village and
Community Centre, noting that tours of the site and surrounding area will be conducted.
COUNCIL M/NUTES - 334 - JUNE 21, 1993
Alderman T. Galloway advised Council of the election of a new president and vice-president for the
Homer Watson House Foundation. He also noted that the House has recently acquired its 8th, original
Homer Watson painting.
Alderman T. Galloway referred to a delegation at the May 25, 1993 Council meeting who spoke
concerning alleged wrongdoings under the information and privacy legislation. He asked whether the
report prepared by staff will be discussed further. Mr. R. Freeborn replied that as requested, a report
addressing the issues raised by the delegation had been circulated to members of Council, who are free
to proceed as they see fit.
Alderman M. Wagner referred to the issue of smoking in publicly owned facilities and noted that the
Region of Waterloo was to form a committee in this regard. He asked that one of the Kitchener
representatives on Regional Council make enquiries as to the status of the committee. Alderman M.
Yantzi replied that there has been a resolution to establish a committee and agreed to make further
enquiries. Alderman Wagner advised of his interest in sitting on the committee.
Alderman B. Stortz enquired whether Petro-Canada had responded regarding the recent concerns of
Council over the maintenance of recently abandoned properties in the City. Mr. S. Klapman replied that a
company representative had promised him a formal statement but has not as yet responded. Alderman
Stortz suggested that the owner is acting irresponsibly regarding maintenance of the sites and asked that
enforcement staff inspect all the vacant Petro-Canada sites and lay charges where applicable. Mr.
Klapman responded that he would like to contact an association of petroleum dealers first before taking
any further action. He cautioned that this initiative should not be directed solely at Petro-Canada in the
event other companies are involved, and agreed to take a more aggressive position as regards this issue.
Alderman G. Leadston asked whether any further discussion had taken place concerning the proposed
armoury site on East Avenue. Mr. T. McCabe replied that a meeting had been held approximately four
weeks ago to review the concept and the City's concerns, but staff have not received a response to date.
He also noted that there was an agreement to obtain community input.
Mayor D.V. Cardillo asked that Mr. J. Gazzola bring forward a report for consideration at the July 5, 1993
Finance and Administration Committee meeting concerning the ramifications of waiving the penalty for
late payment of taxes for a period of up to one year. Alderman J. Ziegler asked that the report include
comment on the impact of moving the third payment due date back to October. Alderman M. Wagner
also asked that any report in this regard deal with industrial, commercial and residential properties
separately.
Council agreed to the request of Mr. R.W. Pritchard to add three additional by-laws to the agenda for
three readings this date, two of which involve amendments to the Zoning By-law (Westmount Road/Block
Line Road and Gildner Street) and the third to provide for the widening of a part of Strange Street.
Moved by Alderman B. Stortz
Seconded by Alderman C. Zehr
That leave be given the Mover and Seconder to introduce the following by-laws, namely:
(a)
Being a by-law to amend By-law 4830 known as the Zoning By-law - The Mutual Group -
King Street West and Mount Hope Street - No. 92/29/K/RM
(b)
Being a by-law to repeal and re-enact Chapter 25 of the City of Kitchener Municipal Code
with respect to Council Procedure
(c)
Being a by-law to provide for the widening of part of Hall's Lane between Ontario and
Queen Streets as a public highway in the City of Kitchener
(d)
Being a by-law to provide for the widening of part of Woolwich Street as a public highway in
the City of Kitchener
(e)
To further amend By-law No. 88-173, being a by-law to regulate traffic and parking on
highways under the jurisdiction of the Corporation of the City of Kitchener
(f)
Being a by-law to close King Street to vehicular traffic on a temporary basis for social,
recreational, community or athletic purposes
(g) Being a by-law to close King Street to vehicular traffic on a temporary basis for social,
COUNCIL MINUTES - 335 - JUNE 21, 1993
recreational, community or athletic purposes
(h)
Being a by-law to close Pandora Avenue North to vehicular traffic on a temporary basis for
social, recreational, community or athletic purposes
(i)
Being a by-law to close Ross Avenue to vehicular traffic on a temporary basis for social,
recreational, community or athletic purposes
(j) To confirm all actions and proceedings of the Council
(k)
Being a by-law to change the form of address of Members of Council from "Aldermen" to
"Councillor"
Being a by-law to provide for the establishing and laying out of part of Gateway Park Drive
as a public highway in the City of Kitchener
(m)
Being a by-law to amend By-law 4830 known as the Zoning By-law - City of Kitchener -
No.93/05/TC/JG
(n) Being a by-law to amend By-law 85-1 of the City of Kitchener - No.93/05/TC/JG
(o)
Being a by-law to amend By-law 85-1 - Northport Landings Inc. - Glasgow Street - No.
93/03/G/JG
(P)
Being a by-law to amend By-law 85-1
No.92141/CNL
Bethany Missionary Church - Chapel Street -
(q)
Being a by-law to amend By-law 4830 known as the Zoning By-law - 781081 Ontario
Limited - Westmount Road and Block Line Road - No.92/03/W/CL
(r)
Being a by-law to amend By-law 4830 known as the Zoning By-law - M. Imranul and N.
Hague - Gildner Street - No. 92/32/G/JG
(s)
Being a by-law to provide for the widening of part of Strange Street as a public highway in
the 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
D.V. Cardillo appointed Alderman J. Ziegler as Chairman.
On motion, the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the
Chair.
Moved by Alderman J. Ziegler
Seconded by Alderman T. Galloway
That the proceedings and the recorded conflicts taken in the meeting of the Committee of the
Whole held this date, as attached hereto and forming part of these minutes be and the same are
hereby adopted and confirmed.
Carried.
Moved by Alderman B. Stortz
Seconded by Alderman C. Zehr
That the by-laws listed on the agenda for third reading, namely:
(a)
Being a by-law to amend By-law 4830 known as the Zoning By-law - The Mutual Group -
King Street West and Mount Hope Street - No. 92/29/K/RM
(By-law No. 93-116)
COUNCIL M/NUTES - 336 - JUNE 21, 1993
(b)
(c)
(d)
(e)
(f)
(g)
Being a by-law to repeal and re-enact Chapter 25 of the City of Kitchener Municipal Code
with respect to Council Procedure
(By-law No. 93-117)
Being a by-law to provide for the widening of part of Hall's Lane between Ontario and
Queen Streets as a public highway in the City of Kitchener
(By-law No. 93-118)
Being a by-law to provide for the widening of part of Woolwich Street as a public highway in
the City of Kitchener
(By-law No. 93-119)
To further amend By-law No. 88-173, 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. 93-120)
Being a by-law to close King Street to vehicular traffic on a temporary basis for social,
recreational, community or athletic purposes
(By-law No. 93-121)
Being a by-law to close King Street to vehicular traffic on a temporary basis for social,
recreational, community or athletic purposes
(By-law No. 93-122)
(h)
(i)
(J)
(k)
(i)
(m)
Being a by-law to close Pandora Avenue North to vehicular traffic on a temporary basis for
social, recreational, community or athletic purposes
(By-law No. 93-123)
Being a by-law to close Ross Avenue to vehicular traffic on a temporary basis for social,
recreational, community or athletic purposes
(By-law No. 93-124)
To confirm all actions and proceedings of the Council
(By-law No. 93-125)
Being a by-law to change the form of address of Members of Council from "Aldermen" to
"Councillor"
(By-law No. 93-126)
Being a by-law to provide for the establishing and laying out of part of Gateway Park Drive
as a public highway in the City of Kitchener
(By-law No. 93-127)
Being a by-law to amend By-law 4830 known as the Zoning By-law - City of Kitchener -
No.93/05/TC/JG
(By-law No. 93-128)
COUNCIL ~VHNUTES
(n)
(o)
- 337 - JUNE 91, 1993
Being a by-law to amend By-law 85-1 of the City of Kitchener - No. 93/05/TC/JG
(By-law No. 93-129)
Being a by-law to amend By-law 85-1 - Northport Landings Inc. - Glasgow Street - No.
93/03/G/JG
(By-law No. 93-130)
(P)
(q)
(r)
(s)
Being a by-law to amend By-law 85-1
No.921411CNL
Bethany Missionary Church - Chapel Street -
(By-law No. 93-131 )
Being a by-law to amend By-law 4830 known as the Zoning By-law - 781081 Ontario
Limited - Westmount Road and Block Line Road - No.92/03/VV/CL
(By-law No. 93-132)
Being a by-law to amend By-law 4830 known as the Zoning By-law - M. Imranul and N.
Hague - Gildner Street - No. 92/32/G/JG
(By-law No. 93-133)
Being a by-law to provide for the widening of part of Strange Street as a public highway in
the City of Kitchener
(By-law No. 93-134)
be taken as read a third time, be finally passed and numbered serially by the Clerk.
Carried.
On motion, the meeting adjourned.
Mayor Clerk
COUNCIL MINUTES - 338 - JUNE 21, 1993
REPORT ADOPTED BY COUNCIL - JUNE 21, 1993
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE
That a blanket extension of Clause 2 (b) of the Offer to Purchase to July 1, 1995 be granted to the
following purchasers of land which have not constructed buildings to date:
Site 84A
Site 95
Site 109
Site 131A
Berkshire Building Corporation
Gedja Holdings Inc. and Lotzmann Holdings Inc.
(Finest Sausage & Meat)
Matt Strgar and Mario Tomac
Hogg Fuel & Supply Limited
That Demolition Control Application DC 93/03/RM (The Walter Fedy Partnership) requesting
approval for the demolition of four single detached dwellings located at 146, 150 Lancaster St. and
24, 26 Chapel St, legally described as Part of Lots 1 and 'A' Brubacher's Survey, Registered Plan
No. 363 and Lot 3, Municipal Compiled Plan of Subdivision of Part of Lot 2, German Company
Tract be approved subject to the following:
a)
That Zone Change Application 92/411CNL (Bethany Missionary Church) requesting a
change in zoning from General Residential (R3) according to By-law 4830, to
Neighbourhood Institutional (I-1) according to By-law 85-1 on the lands described as Part
Lot A, and Part Lot 1, Registered Plan 363, be firstly approved.
b)
That the Site Plan, dated May 14, 1993, as revised June 14, 1993, to delete a 0.61 metre
by 20.4 metre strip of land abutting the property to the east municipally addressed as 30
Chapel Street, with the intent that such strip be added as a lot addition to the abutting
property, be approved in principle with the final site plan to be approved by the
Commissioner of Planning and Development with the following condition included in a
Development Agreement pursuant to Section 41 of the Planning Act:
"That the applicant for the permit construct and substantially complete the new building to
be erected on the site of the residential property proposed to be demolished by not later
than such date as the permit specifies, such date being not less than two years from the
day demolition of the existing residential property is commenced. Upon failure to complete
the new building within two years, the Clerk of the Municipality shall be entitled to enter on
the Collector's Roll to be collected in like manner as municipal taxes, the sum of $20,000
for each dwelling unit for which demolition permits have been issued and such sum shall,
unit payment thereof, be a lien or charge upon the land in respect of which the permit to
demolish the residential property is issued."
It is the opinion of this Committee that the approval of this application is proper planning for the
City.
(DEALT WITH UNDER DELEGATIONS AND CARRIED)
That Zone Change Application 92/411CNL (Bethany Missionary Church) requesting a change in
zoning from General Residential (R3) according to By-law 4830, to Neighbourhood Institutional (I-
1) according to By-law 85-1 on the lands described as Part Lot A, and Part Lot 1, Registered Plan
363, be approved in the form shown in the proposed By-law attached, dated May 3, 1993, as
revised June 14, 1993, to reduce the area of the amendment by excluding a 0.61 metre by 20.4
metre strip of land abutting the property to the east municipally addressed as 30 Chapel Street and
to include an additional clause to permit parking spaces within 1.8 metres of the street line rather
than the required 3.0 metres, without conditions.
And further, that the relevant condition of the Development Proposal SP 93/22NL (Bethany
Missionary Church) be deleted and revised to read as follows:
"To convey to the City without costs and free of encumbrances, the road widenings as
indicated on the site plan at such time as the City requires same for services, intersection
improvements or the actual physical widening of Chapel Street and Lancaster Street East".
PLANNING & ECONOMIC JUNE 21, 1993
COUNCIL M/NUTES - 339 - JUNE 21, 1993
DEVELOPMENT COMMITTEE
3. (Cont'd)
It is the opinion of this Committee that the approval of this application is proper planning for the
City and is in conformity with the City's Approved Official Plan.
(DEALT WITH UNDER DELEGATIONS AND CARRIED)
That Zone Change Application 91/13AN/JW (Barbara Foell) requesting a change in zoning from
Semi-Restricted Residential (R2B) to Restricted Commercial (C3) with a restriction of use and
special regulations according to By-law 4830, on Part of Lots 1, 14, 15 and 16, Registered Plan
264, be approved, in the form shown in the proposed By-law attached, dated May 14, 1993,
subject to the following condition being satisfied prior to any readings of the amending zoning by-
law by Council.
To arrange for notification by letter from the Regional Municipality of Waterloo to the City's
Clerk, that all Regional requirements have been satisfied with respect to the proposed zone
change.
That the Owner improve access to the parking spaces by providing additional asphalt
paving and demarcate the parking spaces as noted on the attached site plan dated January
18, 1993, all to the satisfaction of the City's Director of Development.
The Owner acknowledges that Conditions 1 and 2 are required to be satisfied no later than
seven (7) months from Council having approved the amending zoning by-laws relative to
the Zone Change Application 91/13AN/JW by resolution. In the event this requirement is
not fulfilled within the seven month period, Council shall consider rescinding its zone
change approval.
It is the opinion of this Committee that the approval of this application is proper planning for the
City and is in conformity with the City's Approved Official Plan.
That Zone Change Application 92/32/G/JG (M. Imranul and N. Hague) requesting a change in
zoning from Semi-Restricted Residential (R2B) and Semi-Restricted Residential (R2) to Semi-
Restricted Residential (R2B) with special regulations, and Semi-Restricted Residential (R2) with
special regulations on Lot 52 and Part Lots 51 and 53, Registered Plan 217, be approved in the
form shown in the proposed By-law attached, dated May 11, 1993, subject to the following
conditions being satisfied prior to any readings of the By-law by Council.
To arrange for notification by letter from the Regional Municipality of Waterloo to the City's
Clerk, that all Regional requirements have been satisfied with respect to the proposed
development.
The Owner acknowledges that Condition 1 is required to be satisfied no later than seven
(7) months from Council having approved the amending zoning by-law relative to the Zone
Change Application 92/32/G/JG by resolution. In the event this requirement is not fulfilled
within the seven month period, Council shall consider rescinding its zone change approval.
It is the opinion of this Committee that the approval of this application is proper planning for the
City and is in conformity with the City's Approved Official Plan.
That Zone Change Application 93/3/G/JG (Northport Landing Inc.) requesting a change in zoning
from Neighbourhood Institutional (I-1) with a special use provision to Convenience Commercial (C-
1) with a revised special use provision on Part of Fisher Road Closed, more particularly described
as Parts 2,3,4,5, and 7 on Reference Plan 58R-3464 and Part 1 on Reference Plan 58R-8073, be
approved in the form shown in the proposed by-law attached dated April 26, 1993, as revised June
14, 1993 to delete reference to 'Financial Services Establishment' and to delete a definition of
'Financial Services Establishment', without conditions.
PLANNING & ECONOMIC
DEVELOPMENT COMMITTEE
JUNE 21, 1993
6. (Cont'd)
COUNCIL M/NUTES - 340 - JUNE 21, 1993
It is the opinion of this Committee that approval of this application is proper planning for the City.
(DEALT WITH UNDER DELEGATIONS AND ACTION DEFERRED AND
AUGUST 16, 1993 MEETING OF THE PLANNING AND ECONOMIC
COMMITTEE)
REFERRED TO
DEVELOPMENT
That Zone Change Application 89/68/M/JW (562534 Ontario Limited) requesting a change in
zoning from Semi-Restricted Residential (R2B) to Convenience Commercial (C-1) with a special
regulation according to By-law 4830, on Part of Lot 13, Registered Plan 384, be refused.
It is the opinion of this Committee that the refusal of this application is proper planning for the City
and that the application is not in conformity with the City's Approved Official Plan.
That City Council approve Official Plan Amendment Application 89~7 (Laurentian West
Neighbourhood Commercial & High Density Residential) as outlined:
The Official Plan of the City of Kitchener is hereby Amended as follows:
1. Map 1, "Plan for Land Use", is hereby amended as shown on the attached "Schedule A".
That Section IV. 11, "Policies for Specific Areas", be Amended by the addition of the
following Special Policy no. civ (104): "Notwithstanding the Neighbourhood Commercial
Designation on the west side of Fischer Hallman Road at Westmount Road, Low and High
Density Residential as well as free standing office uses shall be permitted as part of an
expanded town centre concept."
It is the opinion of this Committee that the approval of this Amendment to the City's Approved
Official Plan is proper planning for the City.
That City Council approve Official Plan Amendment Application 90/1 (Service Commercial
Fischer Hallman Road & Westmount Road) as outlined:
The Official Plan of the City of Kitchener is hereby Amended as follows:
1. Map 1, "Plan for Land Use", is hereby amended as shown on the attached "Schedule A".
It is the opinion of this Committee that the approval of this Amendment to the City's Approved
Official Plan is proper planning for the City.
10.
11.
That City Council approve Official Plan Amendment Application 92~3 (Convenience Commercial
Locations) as outlined:
The Official Plan of the City of Kitchener is hereby Amended as follows:
1. Section V.7 Low Density Residential is amended by adding the following paragraph:
"The requirement for locating these uses on Arterial roads may also be waived in new
communities where the facility is part of an overall Community Plan."
2. Section V.8 High Density Residential is hereby Amended as follows:
"The requirement for locating these uses on Arterial roads may also be waived in new
communities where the facility is part of an overall Community Plan."
It is the opinion of this Committee that the approval of this Amendment to the City's Approved
Official Plan is proper planning for the City.
That City Council approve Official Plan Amendment Application 92/19 (Laurentian West Collector
Roads & Major Open Space) as outlined:
The Official Plan of the City of Kitchener is hereby Amended as follows:
COUNCIL ~VHNUTES
PLANNING & ECONOMIC
DEVELOPMENT COMMITTEE
- 341 -
JUNE 21, 1993
JUNE 21, 1993
11. (Cont'd)
1. Map 1, "Plan for Land Use", is hereby amended as shown on the attached "Schedule A".
Map 2, "Flood Plain and Environmental Areas", is hereby amended as shown on the
attached "Schedule B".
Map 3, "Primary Aggregate Resource Area", is hereby amended as shown on the attached
"Schedule C".
Map 4, "Community Improvement Areas", is hereby amended as shown on the attached
"Schedule D".
It is the opinion of this Committee that the approval of this Amendment to the City's Approved
Official Plan is proper planning for the City.
12.
That Official Plan Amendment Application 88/18 (Neighbourhood Commercial - Westmount Road
and Block Line Road) be refused.
It is the opinion of this Committee that refusal of this Amendment to the City's Approved Official
Plan is proper planning for the City.
13.
That the 1979 Laurentian West Secondary Plan (Staff Reports PD 41/78, 63/79 and 57/87) be
repealed.
14.
That the Laurentian West Community Plan, Phases 1 and 2, (Staff Report PD 123/91 - as revised
June 14, 1993) be approved as outlined hereunder:
The following policies will guide the development of the Laurentian West Community. They will
provide the basis for the evaluation of proposals for the subdivision, rezoning and development of
the area.
1.0 GENERAL POLICIES
1.1
That the Laurentian West Community Plan shall conform to and implement the Regional
Official Policies Plan and the City Of Kitchener Official Plan.
1.2
That the Laurentian West Community Plan Map A-Land Use, shall comprise the land use
plan for the Community.
1.3
That development of the Laurentian West Community shall take place in three separate
phases.
1.4
That the Laurentian West Community Plan shall, in all respects conform to and reflect all
applicable development and implementation standards adopted by the City of Kitchener.
Exceptions shall be considered where feasible to implement Neo Traditional urban design.
1.5
That prior to Draft Plan Approval, any alteration or filling of a watercourse or floodplain,
pond or wetland will require a "Fill, Construction and Alteration to Waterway Permit" from
the Grand River Conservation Authority prior to any works taking place, registration of
Subdivision Plans or approval of severance.
1.6
That all land use conform to policy 11.9 of the Regional Official Policies Plan as described
in Amendment No.4 to the Official Plan for the Region of Waterloo. This Amendment
implements land use controls to protect groundwater resources in the Mannheim Artificial
Recharge Area.
1.7 That Net Residential Density be calculated by dividing the number of residential units by
COUNCIL M/NI~ES - 342 - JUNE 21, 1993
the area of residential land. Residential land includes all internal roads, one half bounding
roads and one quarter of boundary intersections but does not include bounding trunk
roads.
PLANNING & ECONOMIC
DEVELOPMENT COMMITTEE
JUNE 21, 1993
14. (Cont'd)
2.0 RESIDENTIAL
2.1
That a wide range of housing types be provided to satisfy varying housing needs. The
intended housing mix in the Laurentian West Community shall consist of approximately
25% to 40% multiple residential units.
2.2
That to encourage a variety of housing forms, residential land use designations shall be
based on density as well as structure type. Where appropriate, integration of residential
densities shall be encouraged throughout the community.
2.3
That the Large Lot Residential category permit a maximum density range of 12.5 units per
hectare. Further to Policy 5.10 of this plan and Policy IV. 11.xvii of the Official Plan, these
lands, indicated by an asterisk on Map A, are currently designated as Open Space and are
subject to an environmental impact study prior to development.
2.4
That the Low Density Residential category permit singles, semis, duplexes and street
townhouses at a maximum net residential density of 25 units per hectare.
2.5
That the Multiple Residential (40uph) category permit multiple dwellings at three units and
above at a residential density range of 26 to 40 units per hectare.
2.6
That the Multiple Residential (100uph) category permit multiple dwellings at three units and
above at a residential density range of 41 to 100 units per hectare.
2.7
That the Multiple Residential (200uph) category permit multiple dwellings at three units and
above at a residential density range of 101 to 200 units per hectare.
2.8
That housing be permitted above street level Convenience Commercial uses at a maximum
density of 40 units per hectare.
2.9
That housing be permitted in the Neighbourhood Commercial complex. All forms of
residential uses up to 200 units per hectare will be allowed.
2.10 That residential development and landscaping give consideration to energy policies
contained in the Official Plan.
2.11
That multiple residential sites be encouraged where natural features such as topography or
woodlots would be best accommodated or preserved by fewer buildings rather than
extensive site coverage with one and two unit dwellings.
2.12 That no new Large Lot or Low Density Residential lots have direct access onto Bleams
Road, Westmount Road or Ottawa Street.
3.0
3.1
INSTITUTIONAL
That a Community Institutional site be located on Ottawa Street immediately west of the
easterly Ontario Hydro right-of-way. This designation makes provision for mixed
institutional and residential uses with limited convenience commercial facilities. This
permits uses such as large residential care, health clinics, day care, social services,
educational and religious uses as well as residential uses permitted in Policies 2.4 and 2.5.
3.2 That Neighbourhood Institutional uses be located as shown on Map A. This allows such
COUNCIL ~VHNUTES
3.3
- 343 - JUN~ 91, 1993
uses as schools, day care and small residential care facilities.
That a public elementary school site of approximately 3.5 hectares be located adjacent to
the Laurentian Wetlands on Street D.
PLANNING & ECONOMIC
DEVELOPMENT COMMITTEE
JUNE 21, 1993
14. (Cont'd)
3.4
That a public elementary school site of approximately 3.0 hectares be located in the
southeast area of the Laurentian West Community as shown on the attached schedule.
3.5
That a separate elementary school of approximately 3.2 hectares be located adjacent to the
Laurentian Wetlands on Street D.
3.6
That should any designated school site not be required or declared surplus, alternate land
uses will be restricted to singles, semis, duplexes or Neighbourhood Institutional uses.
4.0
4.1
4.2
4.3
4.4
4.5
4.6
4.7
COMMERCIAL
That a Service Commercial facility and free standing offices, designed for commuter traffic
and containing uses unsuitable for inclusion in shopping centres, be located immediately
west of Fischer-Hallman Road, between the Conestoga Parkway and Ottawa Street South.
That a Service Commercial facility, designed for commuter traffic and containing uses
unsuitable for inclusion in shopping centres, be located north of the intersection of Fischer-
Hallman Road and Westmount Road.
That a Neighbourhood Commercial site be located on Street F at Fischer-Hallman Road. A
major food store is intended to be the principal tenant of this centre. Residential uses up to
200 units per hectare, Community Institutional, park and office uses will also be allowed to
implement a multi use town centre concept.
That Convenience Commercial facilities be located as shown on Map A. Section V.7 of the
Official Plan provides the Iocational criteria for these uses with regard to size, configuration,
access and land use compatibility. Housing will be permitted above these facilities at a
maximum density range of 40 units per hectare.
That a distribution of more, smaller, Convenience Commercial sites be encouraged to bring
them into walking distance of the majority of residents.
That further to Policy 1.6, commercial uses in the Laurentian West Community within the
Regional Official Policies Plan Amendment No.4 area which may discharge contaminants
into the water table are prohibited. Examples include service stations, vehicle maintenance
and service yards and any use involving the storage or processing of oil, gasoline or
chemical products.
That despite the designation of Low Density Residential on the property at the South West
corner of Fischer Hallman Road and Ottawa Street, these lands are considered unsuitable
for residential uses due to their location at a major intersection. Commercial, institutional
and office uses may be considered for this site as part of a comprehensive site specific
proposal if proved compatible.
5.0
5.1
NATURAL ENVIRONMENT AND PARKS
That park dedication from residential land be calculated as 5% of land to be subdivided or
one hectare per 300 units, whichever is greater, with an option for cash payment in lieu of
land conveyance.
5.2 That park dedication from institutional land be calculated as 5% of land to be subdivided.
COUNCIL M/NUTES - 344 - JUNE 21, 1993
5.3 That park dedication from commercial land be calculated as 2% of land to be subdivided.
PLANNING & ECONOMIC
DEVELOPMENT COMMITTEE
JUNE 21, 1993
14. (Cont'd)
5.4
That all hazard lands and wetlands identified as Open Space on Map A, including suitable
buffers, be designated as open space and reserved from development. These lands shall
not be considered as part of the 5% park dedication.
5.5
That open space links be established between the Borden and Laurentian Wetlands,
schools, parks, and recreational facilities to provide an open space walkway and cycling
network throughout the community, in keeping with Official Plan Policy IV.8. ix.
5.6
That a district park of approximately 4 hectares be located south of the Laurentian
Wetlands adjacent to the public and separate elementary schools on Street D.
5.7 That a neighbourhood park of approximately 2 hectares be located on Street A.
5.8
That a neighbourhood park of approximately 2 hectares be located in the south west area
of the Community adjacent to the proposed public elementary school.
5.9 That a tot lot be located east of Fischer Hallman Road south of Block Line Road.
5.10
That the Laurentian West Community Plan recognize three significant natural resources;
the Laurentian Wetlands, the Borden Wetlands and the forest on the south side of Ottawa
Street between Street D and the Ontario Hydro right-of-way.
5.11
That the Laurentian and Borden Wetlands be recognized as being of local significance and
preserved in their existing state as much as possible.
5.12
That the width of the buffers around the wetlands shall be determined by policies in the
Laurentian West Environmental Review as well as by submission of an Environmental
Implementation Plan during the draft plan of Subdivision process.
5.13
That further to Official Plan Policy IV. 11 .xvii, the woodlot on the south side of Ottawa Street
west of Street D will be subject to an Environmental Impact Study to regulate the impact of
any development within this area.
5.14 That a walkway link be built between the two Ontario Hydro rights-of-way and adjacent to
the Conestoga Parkway.
5.15
That with the approval of Ontario Hydro and the local electrical utility, the hydro rights-of-
way be utilized as open space linkage to connect the Laurentian West Community to the
City's walking and cycling paths.
5.16 That the cost of primary walk links and bridges providing direct links to schools, parks and
transit be paid for by the developers.
5.17
That in implementing the Laurentian West Environmental Review, priority shall be given to
protection of the larger Borden and Laurentian Wetlands through consolidation of the Open
Space areas to provide a suitable buffer around these two major wetlands.
5.18
That to accomplish Policy 5.17 and accommodate the collector road system, certain
outlying wetland pockets identified in the Laurentian West Environmental Review as
permitting intrusion are not identified as Open Space in the Community Plan. As such, they
may be developed subject to standard tree saving measures as outlined in Policy 5.19.
COUNCIL M/NUTES - 345 - JUNE 21, 1993
PLANNING & ECONOMIC
DEVELOPMENT COMMITTEE
JUNE 21, 1993
14. (Cont'd)
5.19
That the Laurentian West Master Drainage Plan as well as the Laurentian West
Environmental Review, specifically the recommendations contained in Section 6 and 8 and
illustrated on Figure 6-1 of the Laurentian West Environmental Review, upon approval by
City Council, be the governing documents in all matters related to protection and
maintenance of the woodlots, wetlands and other natural features within the Community.
5.20
That at the time of submission of Draft Plan of Subdivision, the developer submit an
environmental overview of treed areas. Further, prior to any site grading or tree removal,
the developer submit a Grading and Tree Saving Plan in accordance with the City's Tree
Saving Policies. This plan will describe treed areas to be saved and methods by which
treed areas will be protected. These areas will be inspected by the Department of Planning
and Development.
5.21
That prior to grading on any site, the developer shall prepare plans to illustrate how topsoil
or silt will be prevented from entering any wetland or water body. These plans shall be
approved by the Grand River Conservation Authority, Ministry of Natural Resources and
Public Works prior to grading and construction.
5.22
That prior to the beginning of grading, a temporary fence be installed along the boundaries
of all areas of environmental sensitivity, with signs placed every 45 metres stating that there
will be no dumping or fill within the enclosed area.
5.23 That where feasible, existing topography and vegetation be incorporated into the design
and development of the Laurentian West Community.
5.24 That further to Policy 1.7, the Region of Waterloo will review all subdivision drainage plans
to ensure compatibility with the Manheim Water recharge Facility.
5.25
That upland forest areas, excluding required wetland buffer areas, forming part of the
Borden and Laurentian Open Space designations are eligible and will be considered as
part of satisfying the 5% park dedication or dedication of one hectare of park per 300 units;
provided that all active neighbourhood and district park requirements, as identified in 5.6 to
5.8 of this Plan, have first been satisfied by the required park dedication for each respective
subdivision.
6.0
6.1
6.2
6.3
6.4
6.5
TRANSPORTATION
That transportation choices be provided for residents in the community through street
design providing alternate routing, bicycle and pedestrian links.
That a street pattern be developed that discourages traffic cutting through the community
while allowing route choices for internal traffic. Neo traditional street designs or other
innovative street layouts are encouraged.
That the planning, design and construction of all roads and walkways within Laurentian
West be accomplished with regard to protection of existing environmental features.
That Fischer Hallman Road extension be recognized as Regional Road No.58 and be
designed as a controlled access primary road.
That Ottawa Street South be recognized as Regional Road No.4 and be designated as a
primary road with a right-of-way of 30.5 metres.
6.6 That Bleams Road be recognized as Regional Road No.56 and designed as a primary road
COUNCIL M/NIYFES - 346 - JUNE 21, 1993
with a right of way of 30.5 metres.
6.7 That all collector roads be designed with a standard right of way of 20 metres. An increase
to 26m may be required where necessary.
PLANNING & ECONOMIC JUNE 21, 1993
DEVELOPMENT COMMITTEE
14. (Cont'd)
6.8
That local roads be designed with a standard right of way of 20 metres. Reductions in
accordance with Council Policy will be considered for minor roads, cul de sacs and to
implement nec-traditional street design.
6.9
That where appropriate, on street parking be considered adjacent to commercial or other
traffic oriented uses within the road right of way.
6.10 That recognition be given to the future interchange at Trussler Road and the Conestoga
Parkway.
6.11
That provision be made for an east west collector road connecting Street E with Phase 3 of
the Plan. This option will only be implemented if urban development is considered on the
Mannheim Water Recharge Facility lands. The location of this road will be determined at
the time of draft plan of subdivision adjacent to Street E.
6.12
That in the development of a transportation network, primary consideration be given to
alternate forms of transportation. These would include public transit, walking and cycling
through measures such as:
· The creation of routes and links appropriate to these alternate transportation forms.
The use of site planning and urban design techniques to foster attractive pedestrian
streetscapes and environments.
Minimizing walking distances from housing to schools, transit stops, parks, open
space and commercial facilities.
7.0TRANSIT
7.1That public transit in Laurentian West be recognized as an essential service. Accordingly,
community design shall conform to the Subdivision Design Guidelines of Kitchener Transit.
7.2That a transit terminal be located in the Neighbourhood Commercial facility at Fischer Hallman
Road and Westmount Road.
7.3That site design in Laurentian West have regard for convenient and safe pedestrian access
between buildings and on street transit facilities.
7.4That consideration be given to reduced building setback or off street transit facilities for large
transit generators.
7.5That land uses generating higher transit usage such as commercial or institutional uses be
located adjacent to transit routes.
7.6That local streets and walkways be designed to provide convenient and direct pedestrian
access to transit routes.
8.0SERVICING AND UTILITIES
8.1That all new development in Phases 2 and 3 be serviced by municipal water, sanitary and
storm sewers.
8.2That the Laurentian West Environmental Review and the Laurentian West Master Drainage
COUNCIL M/NIYFES - 347 - JUNE 21, 1993
Plan be the governing documents with regard to stormwater management plans for the
Community.
8.3That with the approval of Ontario Hydro, the local electrical utility and the City of Kitchener, the
hydro rights-of-way be may used in conjunction with adjacent land uses.
PLANNING & ECONOMIC
DEVELOPMENT COMMITTEE
JUNE 21, 1993
14. (Cont'd)
8.4That the Regional Mannheim Artificial Recharge project be recognized as a dominant municipal
feature of the Community. The facilities for recovery, filtration and injection of water from
the Grand River shall dominate the area of the Community west of the Ontario Hydro right-
of-way in Phase 3.
8.5That recognition be given to the Union Gas transmission line crossing north westerly through
the east side of the Community.
9.0NOISE
9.1That the Conestoga Parkway, Bleams Road, Ottawa Street South, Fischer-Hallman Road and
the internal collector roads be recognized for their potential to generate excessive noise.
9.2That attention be given to noise attenuation on land located near the corridors of the
Conestoga Parkway, Ottawa Street South and Fischer-Hallman Road.
9.3That site planning, acoustical barriers, architectural design and building construction features
be utilized in attenuating noise impact.
10.0
10.1
10.2
10.3
10.4
10.5
HERITAGE RESOURCES
That recognition be given to potential significant archaeological sites within the plan area.
Provision is hereby made for any required study and possible designation of such sites
under the provisions of The Ontario Heritage Act prior to development or grading.
That recognition be given to the buildings in Laurentian West which are listed on the
Inventory of Significant Buildings approved by City Council on recommendation of the Local
Architectural Conservation Advisory Committee. Preservation of these buildings shall be
considered at the time of adjacent land use plans. Prior to development taking place,
provision is made for any required study and possible designation of such buildings under
the Ontario Heritage Act.
That recognition be given to potential archaeological sites within the community. Prior to
development, provision is made for any required study and possible designation of such
sites under the Ontario Heritage Act.
That further to policy IV. 11 .Ixxiv of the Official Plan, any development of property evaluated
as having a moderate to high archaeological potential shall be 3receded by a resource
assessment.
That further to Policy IV. 14. ii of the Kitchener Official Plan, consideration be given to the
effects of public works on the heritage resources of the Community.
11.0
11.1
AGGREGATE RESOURCES
That recognition be given to the aggregate resources underlying the westerly portion of the
Community. Extraction of aggregate within the area designated "Primary Aggregate
Resource Area" on Official Plan Map No.3 in the Laurentian West Area shall conform to
Official Plan Policies in Section IV. 13.
COUNCIL M/NIYFES - 348 - JUNE 21, 1993
15.
(DEALT WITH UNDER DELEGATIONS AND CARRIED)
That the Laurentian West Community Plan Environmental Review report dated April 1993 and
recommendations, prepared by Gore and Storrie Limited, be approved.
PLANNING & ECONOMIC
DEVELOPMENT COMMITTEE
JUNE 21, 1993
16.
That Applications for Official Plan Amendment and Zone Change from Community Expansion Inc.
to accommodate commercial office development on lands generally bounded by the south-west
corner of the intersection of Fischer-Hallman Road, Grove Drive to the south and a Kitchener-
Wilmot Hydro substation to the west, be accepted for processing with the clear understanding that
processing does not imply acceptance or rejection of the applications.
17.
(A)That Zone Change Application 92/03/W/CL (781081 Ontario Ltd.) requesting a change in
zoning from Township Agriculture (Twp. A) according to By-law 878A to Semi-Restricted
Residential (R2B) with a restriction of use and special regulations and Park, Public Open
Space (P) all according to By-law 4830, on Lot 7, Registrar's Compiled Plan 1470, be
approved, in the form shown in the "Proposed By-law" attached dated June 21, 1993,
subject to the subdivision conditions listed in (C) below.
(B)That Council consider the changes to the Proposed By-law as minor in nature and not require
any further notice prior to the enactment of the by-law.
(C)That Subdivision Application 30T-92012 (781081 Ontario Ltd.) be recommended to the
Regional municipality of Waterloo for Draft Approval, subject to the following conditions:
That the Subdivider enter into a Standard Form Residential Subdivision Agreement as
approved by City Council embracing those lands shown outlined on the attached plan of
subdivision, and the following special conditions shall be written therein.
The Subdivider covenants and agrees:
50. That the final plan for registration purposes shall be prepared in accordance with the attached
Plan of Subdivision dated Revised 93 05 21, providing that minor amendments to said plan,
acceptable to the Commissioner of Planning and Development and not affecting the
numbering of lots and blocks may be permitted without an amendment to this agreement.
51 .To
submit a Lot Grading and Drainage Control Plan for the approval of the Commissioner of
Public Works, the Department of Parks and Recreation, the Regional Municipality of
Waterloo and the Grand River Conservation Authority, with the Plan to be approved by
those affected agencies prior to registration of the Subdivision Plan.
52.
a)
To submit for the approval of the City's Commissioner of Public Works in
consultation with the City's Department of Parks and Recreation, the Regional
Municipality of Waterloo and the Grand River Conservation Authority, a detailed
engineering design for storm water management in accordance with the approved
concept plan. Said engineering design shall include provision for any required
erosion and siltation control features to be installed both during and after
construction of the Plan of Subdivision. Further, the Subdivider agrees to implement
all required measures as outlined in the approved final plan.
b)
There shall be one storm water management pond for the lands bounded by, and
including, Westmount Road, the extension of Fischer Hallman Road and Street
Two. The storm water management pond may be constructed in phases. The
ultimate storm water management facilities for the subdivision shall be incorporated
by expanding the storm water management facility located within Block 7,
Registered Plan 1605, onto adjacent lands to the south currently owned by Max
Becker Enterprises Limited. The subdivider agrees that storm water management
capacity in the existing storm water pond on Block 7, Registered Plan 1605, shall be
shared with Max Becker Enterprises Limited on a contributing volume basis. Land,
engineering design and construction costs for a single pond centred on the existing
COUNCIL M/NIYFES - 349 - JUNE 21, 1993
storm water pond would be cost shared on a contributing volume basis with Max
Becker Enterprises Limited. Construction costs shall relate to the cost to implement
the ultimate storm water management design and shall be based on the actual
tendered cost. Land costs shall be
PLANNING & ECONOMIC
DEVELOPMENT COMMITTEE
JUNE 21, 1993
17. (Cont'd)
based on market value as agreed to between the two parties. In the event there is a
dispute regarding the market value of the land, the City's Land Purchasing Officer
shall determine fair market value.
c)
In order to facilitate the ultimate development and sharing of expenses for the storm
water management facility, the Subdivider agrees to convey Lots 1, 3, 5, 7, 9, and
11 to the City immediately consecutive with the registration of the Plan of
Subdivision. At such time as the contract has been let for the construction of the
extension of Streets 3, 4 and 5 through the westerly adjacent lands (Max Becker
Enterprises Limited), and a letter has been submitted to the City's Commissioner of
Public Works indicating full payment has been made for the cost-sharing of the
storm water management facility to Max Becker Enterprises Limited in accordance
with (b) above, the City shall immediately reconvey Lots 1, 3, 5, 7, 9, and 11 to the
Subdivider.
53.
That the street names within the Plan of Subdivision including the renaming of Block Line
Road west of Westmount Road, shall be approved by City Council prior to registration of
the Plan of Subdivision.
54.
That prior to any grading, the Regional Archaeologist or a Consultant Archaeologist shall
carry out an Archaeological Survey and Rescue Excavation of any significant
archaeological remains found on the site, at the expense of the owner.
55.
To construct 1.5 metre wide concrete sidewalks along both sides of Street One, one side of
Streets Two, Three, Four and Five and along the southerly side of Westmount Road
abutting the limits of the plan of subdivision, to the satisfaction of the City's Commissioner
of Public Works.
56. To convey to the City of Kitchener, at no cost and free of encumbrance, the following lands
concurrently with the registration of the plan of subdivision:
a) Block 69 for park purposes;
b) Blocks 72 to 75 inclusive for .3 metre reserves.
57.
To construct, at its cost and to the satisfaction of the Commissioner of Public Works, prior
to the issuance of any building permits, a dual purpose public walkway/emergency
vehicular access within Block 70 from Street One to Westmount Road. This access and
design shall include a knockdown barrier in order to prevent through traffic between these
two streets.
58.
That the conveyance of Block 69 shall satisfy 0.144 hectares of the total 0.356 hectare
parkland dedication required. The remainder shall be required as a cash contribution from
the Subdivider to the City of Kitchener Park Trust Fund Account in lieu of land for park
purposes and in fulfilment of the Planning Act's requirement. Said contribution shall be
equivalent to the value of 0.212 hectares, with said value and contribution being
determined as of the day before the day of draft approval and paid immediately prior to the
registration of the plan of subdivision.
59.
To fill, compact and grade in both preliminary and finished form, topsoil and seed/sod
Block 69 to the satisfaction of, the Department of Parks and Recreation; to be completed in
conjunction with the grading of surrounding residential development, not to exceed two
years from the registration of the subdivision plan or at an alternate time approved in
writing by the Commissioner of Parks and Recreation.
COUNCIL M/NUTES - 350 - JUNE 21, 1993
PLANNING & ECONOMIC
DEVELOPMENT COMMITTEE
JUNE 21, 1993
17. (Cont'd)
60.
To provide planting strips having a minimum width of 4.6 metres and a 1.8 metre high
chain link fence at the rear of all lots abutting Westmount Road. Such planting strips and
fencing are to be developed at the Subdivider's cost in accordance with plans/drawings
approved by the City's Department of Planning and Development, prior to the issuance of
any building permits within the subdivision plan. The Subdivider further agrees that said
planting strips and fencing shall be installed within the affected lots prior to the transfer of
title of such lots to the first occupant, or in the event of winter conditions shall be installed
by June 1, immediately following such transfer of title. Furthermore, the Subdivider agrees
to attach the approved planting plan to all Offers of Purchase and Agreements of Purchase
and Sale and/or Rental Agreements for lots in which the required planting strip has not
been installed due to winter conditions. It is acknowledged that the fencing of lands
adjacent to Westmount Road shall be subject to the requirements of the Regional
Municipality of Waterloo; and that if physical noise barriers are required in accordance with
Section 49 hereof, installation of said barriers shall substitute for the planting strip
requirement.
61.
To pair all residential driveways for all single detached housing with less than 9.1 metres of
lot width within the plan, where possible, in order to maximize on-street parking
opportunities and boulevard landscaping areas. In this regard, prior to the issuance of any
building permits for such housing within the subdivision, the Subdivider is required to
submit a plan showing lotting, building envelopes, and driveway locations to be approved
by the City's Director of Development.
62.
That construction traffic to and from the proposed subdivision shall be restricted to
Westmount Road. Construction traffic shall be prohibited from using Block Line Road east
of Westmount Road. The Subdivider agrees to advise all relevant contractors, builders,
and other persons of this requirement with the Subdivider being responsible for any
signage, where required, all to the satisfaction of the Director of Traffic and Parking
Services.
63.
That the Subdivider acknowledge that the storm culvert for the Borden Greenway at
Westmount Road must be upgraded in order to accommodate the development of this
Plan of Subdivision. In this regard, the Subdivider acknowledges that there is insufficient
monies available in the City's Lot Levy Reserve Account to allow the City to fund the works
and agrees to construct said works at its cost.
In this regard, the City recognizes that it will be responsible for 100% of the costs for the
culvert. The City hereby agrees that any monies paid by the Subdivider for any work or
services which would normally be assessed against the Lot Levy Reserve shall represent
a credit towards any City Development Charge required for each Lot or Block. The offset
will be made by the City only as a credit with respect to monies required to be paid for
Development Charges for development within the Plan. Said offset shall be charged
initially against that portion of the applicable development charge with respect to the
engineering services required to be paid prior to the City's release of the Plan of
Subdivision for registration. Any remaining offset will be credited against that portion of the
applicable development charge which is required to be paid prior to the issuance of
building permits. In this regard, the Subdivider shall provide to the City, a list of those lots
and blocks to which credit will be assigned and the Subdivider shall enter into a
Supplementary Agreement with the City outlining the aforementioned, with the offset to be
registered against title of each specified Lot or Block prior to registration of the Plan of
Subdivision.
Any outstanding offset balance, after the Plan has been registered and all permits issued
shall remain with the lands for any future credit to additional development. Upon the total
of the offset reaching the amount of monies properly paid by the Subdivider for
COUNCIL MINUTES - 351 - JUNE 21, 1993
PLANNING & ECONOMIC
DEVELOPMENT COMMITTEE
JUNE 21, 1993
17. (Cont'd)
the specified work, then the development charges will be paid in the normal manner in
accordance with the City's current By-law in that regard.
Following completion of the construction of the required works in a manner satisfactory to
the City's Commissioner of Public Works, the Subdivider shall provide evidence to the City,
satisfactory to the City Solicitor and the City's Commissioner of Public Works as to the
payment in full for said works including evidence that there are no claims or possibility of
claims under the Construction Lien Act.
64.
That in consideration of trees worth saving located on Lots 1, 3, 5, 7, 9, and 11, the
Subdivider agrees with the following:
a)
To submit the proposed grading control plans showing trees worth saving on said
lots for the approval of the Commissioner of Parks and Recreation in consultation
with the Department of Planning and Development, prior to registration of the
subdivision plan;
b)
To install any required tree protection measures to the satisfaction of the City's
Director of Development prior to commencement of any grading;
c)
That prior to being issued a building permit for any of the said lots, a tree
saving/building location plan shall be submitted to the Department of Planning and
Development which will show protection measures to be implemented, to be
approved prior to site grading, excavation, or construction of the particular lot;
(D)
That City Council grant an exemption to their Emergency Access Policy to allow the
maximum length of a cul-de-sac with one emergency access to be 460 metres and further,
that the emergency access be permitted to be located within 250 metres of the farthest
point (dead end) of the cul-de-sac.
(E)
That in recognition of the Region of Waterloo's not agreeing to pay for 50 percent of the
cost of upgrading the culvert under Westmount Road for the Borden Greenway, City
Council agree to interpret that it will be responsible for 100 percent of the culvert cost
referred to as Item 9 in Appendix A of the Development Charge Policy (Engineering
Services).
(DEALT WITH UNDER DELEGATIONS AND CARRIED)
18.
That Zone Change Application 93/5/TC/JG (City of Kitchener) be approved in the form shown in
the attached "Proposed By-laws" dated June 9, 1993, as revised June 14, 1993, to delete from
Clause #6 of the by-law reference to "Canine or Feline Grooming or Training" and "1 for each
50.0 square metres of the gross floor area which accommodates such use", and June 2, 1993
representing comprehensive changes to By-laws 85-1 and 4830 respectively, without conditions.
It is the opinion of this Committee that the approval of this application is proper planning for the
City.
CITY HALL STEERING COMMITTEE
That the Mayor and Clerk be authorized to execute a Lease Agreement, dated June 21, 1993
between the City of Kitchener and the Young Womens Christian Association of Kitchener for
space in the New City Hall to operate a 41 space Day Care Centre.
That the City of Kitchener accept the offer from Electrohome Ltd. to use an Electrohome Marquee
8000 Projector for the Council Chamber Projection System, and that the Project Manager be
directed to implement this change.
3. That staff proceed with a pre-qualification of contractors to be hired to strip partitions, carpet, and
COUNCIL MINI~ES - 352 - JUNE 21, 1993
other components at 22 Frederick Street.
CITY HALL STEERING COMMITTEE
JUNE 21, 1993
That the Project Manager be authorized to process Contemplated Change Order No 223,
Revision 1, to Domestic Water System in the amount of $23,923.00.
That no action be taken to modify the existing City Crest.
That the City of Kitchener approve of participating in the Media Plan, as submitted by Kuwabara,
Payne, McKenna, Blumberg to an upset limit of $2,000, and that this cost be included in the
Budget for the Opening Ceremonies.
That the text for the Dedication Plaque for the new City Hall be approved as amended by the City
Hall Steering Committee, subject to the inclusion of a signature plaque being located in the
Building containing the name of the Architect, Builder, current Members of City Council, and
those former Members of City Council who have been involved.
That Staff be directed to commence negotiations with the principals of the Williams Coffee Pub to
reach an Agreement, subject to:
a) the inclusion of some form of interest on the loan;
b) obtaining a lower level of sales applicable for additional rent;
c) the payment of property taxes;
d) some increased level of personal assurances by the Principals; and that staff report
back to the Steering Committee.
That the schedule of Rental Rates for groups using the Rotunda and the Civic Square, as
outlined in the letter by Mr. Bob Arnot, dated June 17, 1993 be approved.
COMMUNITY SERVICES COMMITTEE
That we approve an in-kind facility grant for the Optimist Club of K-W, in the amount of $2000.00,
for their use of the Kitchener Memorial Auditorium Complex on November 4, 1993.
(DEALT WITH UNDER DELEGATIONS AND CARRIED)
That we approve a cash grant in the amount of $1000.00 to Skills Canada - Conestoga College
to assist with the expenses of sending a student to the International Youth Skills Olympics in
Taiwan from July 19 - August 3, 1993.
(DEALT WITH UNDER DELEGATIONS AND MOTION LOST)
That the two double portable buildings, currently located at Mill Street and Stirling Avenue South,
be relocated to Chandler Park, in accordance with the report prepared by Mr. R. Arnot, Director
of Recreation, dated June 8, 1993, as presented to the Community Services Committee of June
15, 1993.
That a disability tax grant, in the amount of $50.00, be awarded to Mr. D. Mosselman, 85 Scenic
Drive, Kitchener.
That no action be taken on the request of the Stanley Park Community Association for an in-kind
services grant, in conjunction with their July 1, 1993 Canada Day Celebrations.
That we approve an expenditure from the Training Facility Capital Account, in the amount of
$38,590.00, over a two year period, for the purpose of designing a training facility and burn
building for the Kitchener Fire Department.
(DEALT WITH UNDER DELEGATIONS AND CARRIED)
That the existing Shared Use Agreement between the cities of Kitchener and Waterloo, for the
subsidization of aquatic and leisure programs at Breithaupt Centre, be replaced effective
September 1, 1993 with the Balanced Use Agreement, as outlined in the report of Mr. F.S.
Graham, Commissioner of Parks & Recreation, dated June 8, 1993; and further,
COUNCIL MINUTES - 353 - JUNE 21, 1993
COMMUNITY SERVICES COMMITTEE
JUNE 21, 1993
That the Balanced Use Agreement be recommended to the Twin City Committee and the Council
of the City of Waterloo for their approval and implementation on September 1, 1993.
That we approve the request of the family of the late Margaret C. Schreiter (nee Erb) to install an
upright memorial in Mount Hope Cemetery, contrary to By-law No. 92-169, as described in the
report of Mr. G. Kett, Manager Cemetery Operations, dated May 19, 1993.
ENVIRONMENTAL COMMITTEE
That City Council request the Management Committee to reconsider and evaluate whether or not
an optional extra for air conditioning should be excluded from an upcoming Tender for 40 new
Transit Buses in view of the fact that current air conditioning system technology will be illegal in
all new vehicles effective January 1, 1996, virtually obsolete and increasingly expensive and
impractical to maintain and repair each year thereafter.
And further that Management Committee provide a report and recommendation to City Council.
(RECOMMENDATION WITHDRAWN AND NO FURTHER ACTION TAKEN)
FINANCE AND ADMINISTRATION COMMITTEE
That Council adopt the staff recommendations outlined in the presentation to the Finance and
Administration Committee on June 7, 1993 regarding budget modifications necessary to offset
the grant reductions imposed under the Province's Expenditure Control Plan and changes in the
Ontario Sales Tax.
That staff of the Administrative Services Department investigate and identify the potential cost
savings to the municipality of excluding out-of-province and/or out-of-country insurance from its
group policy and report back to the Finance and Administration Committee.
That Council grant the request of the President of the Deer Ridge Golf Club for an agreement
pursuant to Section 23 of the Assessment Act which would have the effect of freezing the
assessment used in calculating taxes relating to the golf course lands (excluding areas used for
buildings), and further,
That the above agreement include provision for a one foot reserve and be drafted to the
satisfaction of the City Solicitor.
(ACTION DEFERRED AND REFERRED TO JULY 12, 1993 COUNCIL MEETING)
That Council grant the request of the Waterloo Regional Arts Council that the event entitled
"Summer in the City" scheduled for Sunday, July 25, 1993 in Victoria Park be declared a Civic
Celebration.
That in response to the recent announcement by the Waterloo Regional Health Services
Department that it will no longer inspect businesses applying for licences unless food is involved,
the City continue to issue licences but not require these businesses to meet the previous
requirements of the Health Unit, and further,
That the City Solicitor prepare a by-law in this regard to amend the Municipal Code.
That the City Solicitor draft the appropriate by-laws to amend or replace Chapter 660 (Plumbing
and Drainage) and Chapter 710 (Building Permits and Fees) of the Municipal Code in
accordance with Bill 112, to be enacted in the Provincial legislature on July 1, 1993.
That the draft Storm Closing Policy appended to the report of Mr. D. Paterson dated June 9,
1993 be adopted.
8. That as a result of the resignation of Mr. F.W. Lehman (effective July 31, 1993) the City Clerk
COUNCIL M/NUTES - 354 - JUNE 21, 1993
advertise for a replacement to sit on the Committee of Adjustment for the remainder of the current
term expiring November 30, 1994, and further,
That Mr. Lehman receive a letter of appreciation.
FINANCE AND ADMINISTRATION COMMITTEE
JUNE 21, 1993
That Tender T93-51, Kolb Drain Watercourse and Trunk Sanitary Sewer Construction, be
awarded to Subterra Waterloo Inc., at their tendered price of $973,428.07 (including G.S.T.).
(DEALT WITH UNDER DELEGATIONS AND CARRIED)
10.
That no action be taken on the May 19, 1993 application of Mr. Daniel Edward Dreger for an Ice
Cream Vendor licence.
11.
That no action be taken on the June 3, 1993 application of Mr. Thomas Joseph Hawkins for an
Ice Cream Vendor licence.
12.
That the Manager of Licensing be authorized to issue an Ice Cream Vendor licence to Mr. Barry
Paul Knarr.
13.
That the City pay the further sum of $24,000.00 on account of all remaining legal and appraisal
costs respecting the expropriation from Michael Klingbaum of 222-228 King Street West and 9-
11 College Street for the new City Hall.
14.
That Council approve the terms and conditions contained in a Memorandum of Settlement dated
June 4, 1993, in connection with the 1993 Collective Agreement with Local #304 Canadian
Brotherhood of Railway and Transit Workers, and further, that the Mayor and Clerk be authorized
to execute any documentation arising therefrom.
LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE
That Council approve in principle the request of Kitchener Housing Incorporated to install, where
applicable, window air conditioners on the exterior elevations (excluding the courtyard) of the
designated property known municipally as 25 Joseph Street West (former Victoria Public
School), subject to an architect's proposal outlining the details of design, installation, positioning
and any other related items being submitted to L.A.C.A.C. for consideration and approval.
That in response to the Conservation Review Board report dated August 21, 1992 Council
proceed to enact and register a designating by-law for the property known municipally as 133
Graber Place (Harvey J. Graber Transformer Station) in accordance with the previously
published Notice of Intention and with the revised reasons for designation being those outlined in
the report of the L.A.C.A.C. sub-committee dated May 31, 1993, and,
That the above be conditional upon Council approving the use on a one time basis of a portion of
the approved 1993 Council (L.A.C.A.C.) budget to cover the approximate $1,500.00 cost of
Engineering Division staff preparing a reference plan or other registerable legal description in
accordance with the direction of L.A.C.A.C. or its designated representative as to the size and
configuration of an appropriate parcel of land, and further,
That pursuant to Section 38 of the Ontario Heritaqe Act, Council authorize a member of
L.A.C.A.C. and the appropriate Engineering staff or their designated representative to enter onto
the above property for the purpose of completing a property survey.
(ACTION DEFFERED AND REFERRED TO JULY 9, 1993 LOCAL ARCHITECTURAL
CONSERVATION ADVISORY COMMITTEE MEETING)
That approval be given in principle to hire a summer student to conduct heritage research using
funds in the approved 1993 Council (L.A.C.A.C.) budget, with the nature and content of the
project to be determined by a sub-committee comprised of Mr. V. Tarbutt, Mrs. P. Wagner and
Mr. L. Bensason.
PUBLIC WORKS AND TRANSPORTATION COMMITTEE
1. That Floral Crescent be closed on Sunday July 25, 1993, for the purpose of a 60th Anniversary
COUNCIL MINUTES - 355 - JUNE 21, 1993
Celebration for Rockway Gardens, and that the appropriate by-law under Section 352(61) of the
Municipal Act be enacted, and further,
That City crews drop off appropriate barricades and signs which will be erected prior to the event
and dismantled after its conclusion by the event organizers.
PUBLIC WORKS AND TRANSPORTATION COMMITTEE
JUNE 21, 1993
That Ross Avenue between Franklin Street North and Wilfred Avenue be closed from 12:00 p.m.
on Thursday, July 1, 1993 to 9:00 p.m., for the purpose of a Family Style Street Party and that
the appropriate by-law under Section 352(61) of the Municipal Act be enacted, and further
That City crews drop off appropriate barricades and signs which will be erected prior to the event
and dismantled after its conclusion by the event organizers.
That Pandora Avenue North between Samuel Street and Simeon Street be closed from 12:00
p.m. on Thursday, July 1, 1993 to 11:00 p.m., for the purpose of a Street Party with a rain date of
Saturday, July 3, 1993 and that the appropriate by-law under Section 352(61) of the Municipal
Act be enacted, and further,
That City crews drop off appropriate barricades and signs which will be erected prior to the event
and dismantled after its conclusion by the event organizers.
That a U-turn prohibition be implemented on Gaukel Street, and further,
That the Uniform Traffic By-law be amended accordingly.
That parking be prohibited on the east/south/west side of Hillside Drive from Cedarhill Crescent
to Cedarhill Crescent, and further,
That the Uniform Traffic By-law be amended accordingly.
That parking be prohibited on the south side of Caryndale Drive from Biehn Drive to a point 51
metres east thereof, and further,
That the Uniform Traffic By-law be amended accordingly.
That two way traffic be permitted on Young Street between King Street and Weber Street, and
further,
That two way traffic be permitted on College Street between King Street and Duke Street, and
further,
That the Uniform Traffic By-law 88-173 be amended accordingly, and further,
That the Regional Municipality of Waterloo be requested to establish a school bus loading zone
on the north side of Duke Street between Ontario Street and Young Street, and further,
That the Regional Municipality of Waterloo be requested to undertake the necessary adjustments
to the traffic control signals at the intersection of Young Street and Weber Street
accommodate two way traffic on Young Street.
That the Royal Orchard Drive sanitary sewer flooding problem be addressed as follows:
(i) a continuing program of eliminating improper private connections to the sanitary sewer
system;
a program of maintenance procedures to repair those sections of pipe and manholes
where infiltration of groundwater has been identified;
a program to seal all manholes located at Iow points;
installing additional manholes located on Royal Orchard Drive and Sandrock Greenway
to improve the hydraulic efficiency;
(ii)
(iii)
(iv)
to
COUNCIL MINUTES - 356 - JUNE 21, 1993
(v)
installing backwater valves and sump pumps upon request on those properties identified
as having suffered basement flooding;
and further,
(vi)
the sum of $150,000.00 be transferred from sewer surcharge Index #855555 to provide
for the increased demand in 1993 for storm drain connections because of (i) above;
PUBLIC WORKS AND TRANSPORTATION COMMITTEE
JUNE 21, 1993
(vii)
that funds for the provision of additional storm drain connections in 1994 be considered
during the Capital budget process.
9. That an administrative fee of 15% be applied to all future applications for sewer connections.
10.
That the Consultant Selection Process be waived and the firm of ITX Technologies Inc. be
retained to assist in the implementation of a Sanitary Sewer Management System for the City, and
further,
That the upset cost for this Implementation Plan will be negotiated by and be satisfactory to the
Manager of Purchasing for the City of Kitchener.
11.
That the Mayor and Clerk be authorized to execute a Marketing Services Agreement between the
City of Kitchener and Union Gas regarding the provision of a natural gas vehicle filling station.
12.
That the proposed Transit service changes, as presented to the Public Works and Transportation
Committee on June 14, 1993, regarding Route 4 -Guelph; Route 5 - Erb West; Route 5 -
Westvale; and, Route 13 - Beechwood, be approved.
13.
That the proposed Transit service changes, as presented to the Public Works and Transportation
Committee on June 14, 1993, regarding Route 4 -Glasgow, be approved.
(DEALT WITH UNDER DELEGATIONS AND ACTION DEFERRED AND REFERRED TO THE
JULY 5, 1993 PUBLIC WORKS AND TRANSPORTATION COMMITTEE MEETING).
COMMITTEE OF THE WHOLE MINUTES
JUNE 21, 1993
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 CHIEF ADMINISTRATIVE OFFICER
1 .Licences
It was resolved:
"That the Canada Employment Centre for Students be granted permission to operate a refreshment
stand on the sidewalk in front of 207 King Street West, on June 28, 1993, provided
that the necessary Licence and Health and Fire approvals are obtained."
- and -
"That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to the
Rotary Club of Kitchener to conduct a Raffle Lottery at the Kitchener Memorial
Auditorium, 400 East Avenue, Kitchener, on January 14, 1994."
- and -
"That the City of Kitchener has no objection to a Provincial Licence being issued to the Kitchener-
Waterloo Hospital Foundation, 835 King Street West, Kitchener, to conduct a Raffle
Lottery in the Hospital's Cafeteria between September 16, 1993 to September 1,
1994."
- and -
"That the City of Kitchener has no objection to a Provincial licence being issued to the Kitchener-
Waterloo Symphony to conduct a Raffle Lottery in the City of Kitchener with the said
draw to occur on February 20, 1994 at The Centre In The Square, 101 Queen Street
North, Kitchener."
2. Banner Request
It was resolved:
"That in conjunction with the University of Waterloo Engineering Grad Ball to be held at the Valhalla
Inn on Saturday, March 5, 1994, we grant permission for erection of a banner on
King Street at Frederick/Benton Streets from Monday, February 14, 1994 to Sunday,
March 6, 1994, inclusive.
Further, that arrangements be made with the City's Contractor for erection of the banner and the
payment of any costs associated therewith."
3.Central Ontario Exhibition
It was resolved:
"That City Council confirms the Central Ontario Exhibition, July 6-11, 1993, as a 'Community Festival'
in the City of Kitchener."
COMMITTEE OF THE WHOLE
MINUTES
JUNE 21, 1993
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D)
4.Lease with Kitchener-Waterloo Hospital
It was resolved:
"That the Mayor and Clerk are hereby authorized to execute the Lease dated January 1, 1993
between The Corporation of the City of Kitchener, The Corporation of the City of
Waterloo and The Board of Trustees of the Kitchener-Waterloo Hospital with respect
to the land, building, fixtures and improvements described therein known as the
Kitchener-Waterloo Hospital."
5.Minor Variance - Municipal Code, Chapter 680 (Siqns) - CENTRE WARD
It was resolved:
"That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of
May 26, 1993, recommending approval of Submission Nos. S 3/93 - Beaver Fuels
and S 4/93 - Walper Terrace Hotel - Be Ratified and Confirmed."
6.Minor Variances - Municipal Code, Chapter 630 (Fence)
It was resolved:
"That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of
May 26, 1993, recommending approval of Submission No. F 4/93 - Margaret Airdrie
and Submission No. F 5/93 - Craig & Nancy Bailey - Be Ratified and Confirmed."
- and -
"That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of
June 15, 1993, recommending approval of Submission No. F 6/93 - Hidden Valley
Company Ltd. - Be Ratified and Confirmed."
7. Tenders
It was resolved:
"That tender T93-46, Diesel Fuel, be awarded to Sunoco Inc., Hamilton for supply, and to Hogg Fuel
& Supply Limited, Kitchener for pick up by mobile unit, at their tendered unit prices
plus G.S.T."
- and -
"That tender T93-47, Unleaded Gasoline, be awarded to Sunoco Inc., Hamilton at their tendered unit
price plus G.S.T."
- and -
"That tender T93-4, Slurry Seal Resurfacing, be awarded to Miller Paving Limited, Markham, at their
tendered price of $94,050. plus G.S.T."
- and -
"That tender T93-45, Lancaster Corporate Centre - Phase 3, be awarded to Steed and Evans
Limited, Kitchener at their tendered price of $167,474.69 (all taxes included)."
- and -
"That tender T93-53, Executive and Task Seating, be awarded to IKOR Integrated Facilities Inc.,
COMMITTEE OF THE WHOLE
MINUTES
JUNE 21, 1993
REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D)
Toronto at their tendered price of $45,945. plus P.S.T. and G.S.T."
8.The Ontario Municipal Enerqy Collaborative (OMEC)
It was resolved:
"That the Mayor and City Clerk be authorized to execute the Memorandum of Understanding for The
Ontario Municipal Energy Collaborative (OMEC).
And further, that Alderman Christina Weylie be appointed as "policy-maker" for the OMEC project
team."
9.Relief from Noise By-law
Council was in receipt of a report and recommendation from Mr. B. Laddie, dated June 17, 1993.
Alderman J. Ziegler expressed concern over the noise implications for the neighbourhood given the
hours proposed and the duration of the project. Mr. D. Suzuki replied that the exemption
requested is necessary to accommodate industrial businesses in the area which cannot
be closed during the day. He added that work is not expected to take place every night
but only when a situation of this sort is encountered.
It was resolved:
"That the Contractor, Clearway Construction Inc. and its Sub-contractors, be permitted to carry out
construction activities for the Schneider Trunk Sanitary Sewer on Bedford Road and
partially on Ottawa Street from July 12, 1993 to October 29, 1993, between the
hours of 6:00 a.m. and 11:00 p.m., notwithstanding the provisions of the City's Noise
By-law."
10. Assessment Appeal -T. Eaton Company Limited - 100-160 Kinq East
Council was in receipt of a report and recommendation from Mr. J. Wallace dated June 17, 1993,
including the Minutes of Settlement which indicate a reduction in the realty assessment for
the taxation year of 1991.
It was resolved:
"That the City Solicitor be authorized to execute the Minutes of Settlement with respect to the
Assessment Appeal by The T. Eaton Company Limited of its realty assessment for
the taxation year 1991 ."