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HomeMy WebLinkAboutCouncil Minutes - 1993-11-08COUNCIL\1993-11-08 COUNCIL MINUTES NOVEMBER 8, 1993 The Council of the Corporation of the City of Kitchener met this date with all members present. On motion by Councillor C. Zehr, the minutes of the regular meeting held on October 26, 1993, as mailed to the Mayor and Councillors, were accepted. A. Communications - N I L Councillor M. Yantzi welcomed to the City Messrs. Yan Xueren, Liu Mingjiu Tingzao Rong and Hongyu Liu, a delegation from Mainland China's Szechuan Agricultural University. Mr. D. Hutton and Mr. M. Ariss appeared on behalf of the Waterloo Region Industrial Coalition to express the concerns of the local business community and provide Council with an update on various tax issues. Mr. Hutton complimented the City on their efforts to date with regard to improving service quality and reducing costs and in particular referred to implementation of the Continuous Improvement Process (Total Quality Management). Mr. D. Hutton gave an audio visual presentation outlining the history of the Coalition and articulated business needs relative to a lower cost, higher quality, business environment; including lower taxes. He outlined the findings of a recent business survey, noting that business conditions remain very competitive and in some respects are more severe than in 1991. He also referred to the Coalition's initiative to encourage local governments to reduce taxes. Mr. Hutton outlined the 1992/93 mill rate changes for Regional municipalities, noting that Kitchener approved a 2.6% levy increase in 1992 and a 1.5% increase in 1993. He pointed out that a tax reduction of 4.1% would be necessary in 1994 to achieve a net zero tax increase over the three year period. Mr. Hutton also noted that the Consumer Price Index had increased by 2.14% in 1992 and an estimated 1.74% in 1993. Mr. Hutton presented statistics relative to the School Boards and the year-to-year rates for sewage and water for all municipalities in the Region. With regard to the latter, he noted a combined increase in 1992 of 8.3% with a zero percent increase in 1993. He added that rates for both items had more than doubled since the late 1980's. Mr. Hutton stated that the Coalition felt all regional taxing authorities had shown encouraging results with respect to tax reduction. He also pointed out that the Coalition still adheres to its goal of a net three year property tax freeze over the years 1992, 1993 and 1994 and in this regard referred to the Coalition's Mission Statement. He suggested that when Council is approached with requests to institute new programs the requester should be asked to identify the cuts necessary in the present budget to accommodate the change. He also suggested that it is necessary to change the view of the public that a $10 or $15 tax increase is insignificant, noting that this results in much higher costs relative to business taxes. In closing Mr. Hutton asked that Council endeavour to meet the goal of a zero percent net increase. Councillor G. Leadston invited the Coalition to lobby its own members, who from time to time approach the City in other capacities requesting financial assistance. Councillor G. Lorentz echoed the comments of Councillor Leadston and referred specifically to a recent presentation by Mr. J. Beingessner on behalf of Conestoga College. Mr. D. Hutton replied that the College is an institution which adds value to the community, and cautioned against confusing an overture of this nature with a business request. Mr. Hutton added that as an organization the Industrial Coalition does not ask for special consideration and shares the view that special incentives should not be paid by governments to the business community. Councillor M. Wagner asked for clarification of comments made by Mr. Hutton concerning a reduction in the "regulatory burden" imposed on business by government. Mr. Hutton explained that in Kitchener's case, this would relate to initiatives such as accelerating the issuing of building permits and clarifying requirements relative to special licences and regulatory problems. He referred in particular to an instance involving his own company, Perstorp Components. Councillor C. Zehr referred to comments made by Mr. Hutton to the effect that water rates are a form of taxation, noting that a sound argument could be made to illustrate that this is not the case. Mr. Hutton noted that he views an increase in user rates as a means of increasing revenue. Councillor Zehr clarified that the Region of Waterloo is able to decrease rates by extending the life of landfill sites and water reserves through recycling and conservation initiatives. Similar reductions are harder to obtain by municipalities involved at the distribution level. Mr. Hutton noted that water rates in the Region are more expensive than anywhere he is aware of, including municipalities who draw their water from the Great Lakes. Mr. T. McKay noted that the Region developed a three year rate at the request of industry and COUNCIL MINUTES - 618 - NOVEMBER 8, 1993 pointed out that there is a difference between an increase in retail rates as opposed to wholesale rates and that these should not be viewed over a one year period only. Councillor T. Galloway asked whether the Coalition is sympathetic to the plight of municipalities as a result of the Provincial Government's Expenditure Control Plan and Social Contract, which he estimated has cost the City approximately 2% on the 1994 levy. He added that without these initiatives, Kitchener residents may have had a tax reduction. He also expressed the opinion that the actions of the Province amount to a means of accessing property taxes to fund Provincial services. Mr. D. Hutton replied that the Coalition recognizes the City's predicament and drew an analogy between a forced price reduction at Perstorp Components initiated by General Motors. He added that his company has been forced to find ways of offsetting the reduction and increasing profit margins by improving products and services. He acknowledged that this is difficult and may take a number of years, but similar setbacks should not prevent the municipality from making positive gains. A brief discussion took place in response to a question from Councillor B. Stortz as to whether the Coalition was focusing on the problems inherent in the Provincial assessment process. He noted that although the municipality controls the mill rate, it has no influence over the Provincial Assessment structure, and suggested that the Coalition may wish to pursue reform in this area. Councillor M. Wagner pointed out that public expectations regarding the provision of service by governments has grown dramatically over the past decade and it is necessary to reduce these in order to reduce taxes. He added that delivering services at lower cost often means reduced levels. Mr. D. Hutton suggested that it is possible to increase quality and lower costs at the same time, and again suggested that requests for new services should be scrutinized more closely. He also expressed the opinion that cuts in basic services should not be necessary if the municipality focuses on improving quality. Mayor D.V. Cardillo indicated that members of Council would take the comments of the Industrial Coalition under advisement during the upcoming budget deliberations. Moved by Councillor J. Ziegler Seconded by Councillor C. Weylie That the report of the Planning and Economic Development Committee of Council of this date be adopted. Councillor M. Yantzi disclosed a conflict of interest and abstained from all discussion and voting concerning clause 1 (Official Plan Amendment Application 93/2) as his home is situated within a flood plain area adjacent to Victoria Park Lake. Councillor T. Galloway asked that clause 1 relative to the City's Comprehensive Flood Plain Planning Policies be dealt with separately. Council was in receipt this date of a report and recommendation from Mr. L. Masseo dated November 4, 1993 relative to amendments involving Schedules "A" and "B" of the Policies. Councillor T. Galloway referred to the impact of the proposed Flood Plain Policies on the development rights of owners in the flood area. He noted that if they were circulated as part of Stage 6 of the Comprehensive Zoning By-law, they would be aware of the Flood Plain Policies under consideration this date, however, owners subject to Stage 7 would not be aware, in particular residents of the Upper Doon area. Councillor Galloway acknowledged that the Planning Act does not require additional circulation, but noted that the City would be remiss in not providing uniform notice to all affected parties. Councillor Galloway pointed out that based on his understanding owners in the flood plain would likely realize a net decline in the development potential of these lands, but would not necessarily be aware of this until amendment of the Flood Plain Policies had already taken place. He indicated that he would be uncomfortable with such a circumstance and asked what could be done to rectify the problem. Councillor J. Ziegler indicated he does not have the same concerns as Councillor Galloway since the flood plain lines are based on topographical analysis and do not result from political decisions. He added that a subsequent decision could also be made by Council to relieve any hardship with respect to individual applications. He expressed the opinion that the policy as set forth this date is generally good for the City. Mr. T.B. Stanley advised that to date several open houses have been held and the Flood Plain Policies have been advertised prior to public meetings. Notwithstanding the time schedule for approval, he indicated it would be possible to adopt the policy now by resolution on the basis that staff could arrange a public open house before enacting of the by-law by Council. In this regard, the Upper Doon Community COUNCIL MINUTES - 619 - NOVEMBER 8, 1993 would be circulated. Moved by Councillor T. Galloway Seconded by Councillor C. Zehr That clause 1 of the Planning and Economic Development Committee report of this date be amended to indicate that prior to enacting the by-law for Official Plan Amendment Application 93/2 (Comprehensive Flood Plain Policies) the property owners in the two-zone flood area of Upper Doon will be circulated and a public meeting held to obtain their input, and further, That the same clause be further amended to incorporate the revisions to Schedules A-l, A-2, A-3 and B as outlined in the report of Mr. L. Masseo dated November 4, 1993. The report was then put to a vote. Carried. Voted on clause by clause. Clause 1 - Carried, as amended. Balance of Report - Carried. The following conflict of interest and abstention was declared: Clause 1 - Councillor M. Yantzi as his home is situated within a flood plain area adjacent to Victoria Park Lake. 2. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola That the report of the Community Services Committee of this date be adopted. In reference to clause 1 Councillor M. Wagner enquired as to the net effect of recommendations in a previous report on the market operation. Mr. F.S. Graham expressed the opinion that the Farmers' Market is viable and indicated that an update will be included as part of the Parks & Recreation Department Annual Report. The report was then put to a vote and Carried. 3. Moved by Councillor C. Zehr Seconded by Councillor J. Smola That the report of the Finance and Administration Committee of this date be adopted. Carried. Moved by Councillor C. Zehr Seconded by Councillor G. Lorentz WHEREAS the new Federal Government has announced that it will initiate a Municipal Infrastructure Program with funding to be matched one-third from the Federal Government, the Provincial Government and Local Municipalities; AND WHEREAS the Province of Ontario has already indicated that it is prepared to provide its share of the funding; AND WHEREAS at this point it is unclear as to which level of Government will make the decision as to which projects qualify for the Infrastructure Program; AND WHEREAS the City of Kitchener has already indicated to the Regional Municipality that its priorities under such an Infrastructure Program fall in the Regional Roads Budget with our specific COUNCIL MINUTES - 620 - NOVEMBER 8, 1993 priorities being: a) b) c) Homer Watson Boulevard Fairway Road/River Road Fisher-Hallman Road; THEREFORE BE IT RESOLVED that the Council of the City of Kitchener support the Federal and Provincial Government initiative on the Infrastructure Program and inform the Kitchener Members of the Federal Government and the Provincial Legislature of the City's priorities within the Regional Road Program with regard to such an Infrastructure Program, and, That a copy of this resolution be sent to the Regional Council. Councillor C. Zehr referred to discussions with the Region of Waterloo in which it was indicated their first priority would be the completion of Homer Watson Boulevard. Councillor M. Wagner indicated he would support the recommendation and suggested that if the Provincial Government was unable to fund this project, funds could be diverted which were previously allocated to the widening of Highway No.8. He pointed out that the minor changes implemented to date have already improved traffic flow and a major widening may not be required. Councillor Zehr agreed with the comments of Councillor Wagner and indicated that the Provincial Government has already been asked to reassess the situation following these improvements. The motion by Councillor C. Zehr, seconded by Councillor G. Lorentz, that the City support the Federal and Provincial Government Initiative on the Infrastructure Program was put to a vote and Carried. Councillor G. Leadston reminded those in attendance of the November 17, 1993 Business Heritage Celebration and enquired as to who would attend on Council's behalf to make presentations. Mayor D.V. Cardillo agreed to investigate the matter. Councillor B. Stortz thanked Council and staff for their input and assistance with the Visioning Workshop recently held in downtown Kitchener and indicated a report will be forthcoming. Councillor G. Leadston thanked Councillor Stortz for his efforts and Councillor T. Galloway made special mention of Ms. N. Brawley and Ms. M. Welsh. Councillor G. Lorentz referred to an anticipated Regional Smoking Policy, noting that a Regional Committee had been appointed, He advised that notwithstanding Councillor M. Wagner's participation on the Committee, there is no record of Kitchener Council having appointed a representative. He asked why this had not been done and whether an official appointment would still be appropriate. Councillor Wagner responded indicating that he had been officially installed on the Committee through the Mayor's Office, with direction to report to the Community Services Committee. He pointed out that Kitchener's participation would not be restricted to a single member of Council. He also noted that Council had previously asked the Region to establish the Committee. Councillor Lorentz suggested that Councillor Wagner should not represent himself as speaking on behalf of Council unless appointed by them. He also asked for copies of the Committee minutes. Mr. R.W. Pritchard suggested that this matter could be dealt with by Council at the meeting for Appointments to Special Committees, Boards and Commissions on November 22, 1993. Moved by Councillor J. Smola Seconded by Councillor G. Leadston That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to exempt a certain lot from Part Lot Control - Lot 34, Registered Plan 1730 - Tamvale Crescent (b) Being a by-law to exempt a certain lot from Part Lot Control - Lot 3, Registered Plan 1701 - Newbury Drive (c) To further amend By-law 88-173, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (d) Being a by-law to adopt Amendment No. 149 to the Official Plan (e) To confirm all actions and proceedings of the Council COUNCIL MINUTES - 621 - NOVEMBER 8, 1993 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 Councillor C. Zehr as Chairman. On motion, the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the Chair. Moved by Councillor C. Zehr Seconded by Councillor J. Smola That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed. Carried. Moved by Councillor J. Smola Seconded by Councillor G. Leadston That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to exempt a certain lot from Part Lot Control - Lot 34, Registered Plan 1730 - Tamvale Crescent (By-law No. 93-204) (b) Being a by-law to exempt a certain lot from Part Lot Control - Lot 3, Registered Plan 1701 - Newbury Drive (By-law No. 93-205) (c) To further amend By-law 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. 93-206) Being a by-law to adopt Amendment No. 149 to the Official Plan (By-law No. 93-207) (d) (Cont'd) (e) To confirm all actions and proceedings of the Council (By-law No. 93-208) be taken as read a third time, be finally passed and numbered serially by the Clerk. Carried. On motion, the meeting adjourned. COUNCIL MINUTES - 622 - NOVEMBER 8, 1993 Mayor Clerk COUNCIL MINUTES - 623 - NOVEMBER 8, 1993 REPORTS ADOPTED BY COUNCIL - NOVEMBER 8, 1993 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE That City Council approve Official Plan Amendment Application 93/2, being an amendment to the Kitchener Official Plan to adopt Comprehensive Flood Plain Policies, as listed herein, and that prior to enacting the by-law implementing same, the property owners in the two-zone flood area of Upper Doon be circulated and a public meeting held to obtain their input: SECTION 4 - THE AMENDMENT The Official Plan of the City of Kitchener is hereby Amended as follows: Map 1, "Plan for Land Use" is amended as shown on the attached Schedules "A-I", "A-2" and "A-3", dated revised November 8, 1993. Map 2, "Flood Plain and Environmental Areas" is amended as shown on the attached Schedule "B", dated revised November 8, 1993. Section IV.8, "Comprehensive Planning Principles and Policies - Open Space" is amended by deleting Policy xxviii). Section IV. 11, "Comprehensive Planning Principles and Policies - Policies for Specific Areas" is amended by deleting the first sentence of Policy xxiv) so that it reads as follows: Further eastward extension of Grand Avenue, including the industrial area, shall not be permitted so as to protect the existing residential uses along Stanley Avenue and Schweitzer Street. Grand Avenue shall not be extended through to Stanley Avenue or Bloomingdale Road." Section IV. 11, "Comprehensive Planning Principles and Policies - Policies for Specific Areas" is amended by deleting Policy xxv). Section IV. 11, "Comprehensive Planning Principles and Policies - Policies for Specific Areas" is amended by deleting Policy Ixiii). Section IV. 11, "Comprehensive Planning Principles and Policies - Policies for Specific Areas" is amended by deleting Policy Ixxxii) and replacing it with the following: It is the intent of this designation to secure the long term conservation of the existing rural and historic character of the Upper Doon Neighbourhood in conformity with Policy IV.l.vii). Within this Specific Policy Area, two land use designations apply: "Low Density Residential" and "Major Open Space. The "Low Density Residential" designation and these policies pertain to all properties with frontage on Doon Village Road from Homer Watson Boulevard to Doonbrook Place, and properties with frontage on Oregon Drive, Wilfong Drive, Mitierra Drive, and Tilt Drive that are located within the flood fringe of the Schneider, Strasburg and Doon Creeks as defined by the Grand River Conservation Authority. Within those areas designated "Low Density Residential", permitted uses are restricted to single detached residential dwellings and accessory uses; home occupations and associated parks, public recreational facilities, municipal services and utilities. In addition, row dwellings, multiple dwellings, churches, and schools which exist as of January 1, 1988 are permitted. New development shall be serviced by private sewage disposal systems and municipal water supply. New lots may be created by consent where such lots have existing frontage on a public road or by Plan of Subdivision in accordance with the policies and regulations of the Upper Doon Secondary Plan, the Upper Doon Heritage Conservation District Plan and the Grand River Conservation Authority. All sewage disposal systems must be approved by the Regional Medical Officer of Health prior to the issuance of building permits. All new lots shall be planned at a density not exceeding 4.94 units per hectare (2 units per acre)." COUNCIL MINUTES PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE 624 NOVEMBER 8, 1993 NOVEMBER 8, 1993 1. (Cont'd) Section IV. 11, "Comprehensive Planning Principles and Policies - Policies for Specific Areas" is amended by deleting Policy Ixxxiii) and replacing it with the following: Notwithstanding provisions of section IV. 12.xiv) new commercial and industrial development shall be permitted within the flood fringe of the Grand River abutting Victoria Street North provided a Fill, Construction and Alteration to Waterways Permit is issued by the Grand River Conservation Authority and all buildings are floodproofed to the Regulatory Flood elevation. No buildings or structures, outdoor storage or waste disposal facilities shall be permitted within the floodway. Outdoor storage accessory to industrial uses shall not be permitted within the flood fringe. Prohibited uses in the flood fringe shall include, beverage distillation; manufacturing of asbestos, phosphate or sulphur products; manufacturing, warehousing, mixing, blending, treatment, or similar processing of chemicals, synthetic rubber, plastic, asphalt, explosives or cement; processing, refining or storage of flammable liquids, petroleum or coal; processing, milling or packaging of animal feed; slaughtering, eviscerating, rendering or cleaning of meat, poultry or fish or by-products thereof; tanning or chemical processing of pelts or leather and vulcanizing or rubber or rubber products." Section IV. 12, "Comprehensive Planning Principles and Policies - Floodplain Policies" of the City of Kitchener Official Plan is deleted in its entirety and replaced with the following: "12. FLOOD PLAIN POLICIES Introduction The policies of this section regulate flood plain lands by restricting permitted uses located in the flood plain. The policies reflect Provincial criteria regarding flood plain development and are structured around a "One-Zone" and Two-Zone" concept. Two- Zone policies divide the flood plain into two distinct zones: the floodway, where no development is permitted; and the flood fringe, where a limited amount of development may be permitted subject to appropriate floodproofing measures. In addition to the Official Plan Policies, all flood plain lands are subject to the Fill, Construction and Alteration to Waterways Regulation administered by the Grand River Conservation Authority pursuant to the Conservation Authorities Act. General Policies The Regulatory Floodlines as determined by the Grand River Conservation Authority for the Grand River, Schneider Creek and their tributaries are shown on Map 2, "Flood Plain and Environmental Areas". The Regulatory Floodline is based on observed flooding as a result of Hurricane Hazel in 1954 with adjustments made for reservoir capacity. The precise delineation of the flood plain can be determined from flood plain mapping available through the Grand River Conservation Authority or through reference to specific Watershed Studies and Master Drainage Plans. ii) Map 2, "Flood Plain and Environmental Areas" identifies both One-Zone and Two-Zone Policy Areas. In Two-Zone Policy Areas, the flood plain is divided into two zones; the floodway and the flood fringe. Limited development may be permitted in the flood fringe provided appropriate floodproofing measures are taken. PLANNING AND ECONOMIC NOVEMBER 8, 1993 COUNCIL MINUTES DEVELOPMENT COMMITTEE - 625 - NOVEMBER 8, 1993 1. (Cont'd) iii) Notwithstanding any other policy in this Plan, new development associated with institutional uses such as hospitals, nursing homes, senior citizen residen- tial buildings, schools for the education of children or persons with mental and/or physical disabilities, day care centres, residential care facilities or other similar uses which would pose a significant threat to the safety of the inhab- itants if involved in an emergency evacuation in the event of flooding shall not be permitted to locate within the Regulatory Flood Plain. Existing facilities of this nature which are located in the flood plain will be permitted to continue in operation. Minor additions or alterations may be permitted subject to the approval of the City of Kitchener and the Grand River Conservation Authority. iv) New development associated with essential or protective services such as police, fire, ambulance or major electrical substations shall not be permitted to locate within the Regulatory Flood Plain. Existing facilities of this nature which are located in the flood plain will be permitted to continue in operation. Minor additions or alterations may be permitted subject to approval by the City of Kitchener and the Grand River Conservation Authority. v) New development associated with the manufacture, use or storage of substances of a chemical, hazardous or toxic nature, which would pose an unacceptable threat to public safety if damaged as a result of flooding or failure of floodproofing measures shall not be permitted to locate within the Regulatory Flood Plain. vi) Structures which are replaced or reconstructed as a result of fire or other unusual loss will generally be floodproofed to the Regulatory Flood elevation with reductions as determined feasible by the Grand River Conservation Authority. Where a structure is being replaced, a change in the existing footprint may be considered provided such change would improve the hydraulic impacts created by the original structure and the footprint is not greater in area than the original structure. In no case shall buildings be replaced with floodproofing lower than the One Hundred Year flood elevation. vii) Private sewage disposal systems shall not be permitted within the floodway portion of the flood plain. Where private sewage disposal systems are proposed within the flood fringe, an assessment of the site in consultation with the Grand River Conservation Authority will be undertaken to ensure that the system will not be adversely affected by incidental flooding. One-Zone Flood Plain Policies One-Zone Flood Plain Policies apply to the areas identified as One-Zone Policy Areas on Map 2, "Flood Plain and Environmental Areas". The One- Zone designation includes all lands within the limits of the Regulatory Flood Plain. ix) No new development shall be permitted in a One-Zone Policy Area designa- tion except those uses which include open space for public and private recreation, agricultural uses for cropland and livestock and buildings or structures directly related to the agricultural use, aggregate extraction save and except buildings or structures, public and private works that must locate in the flood plain by nature of their use, and buildings operated by a public authority that are normally associated with the proper management of the natural environment. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE NOVEMBER 8, 1993 1. (Cont'd) COUNCIL MINUTES - 626 - NOVEMBER 8, 1993 x) Notwithstanding the above, minor expansions and minor alterations may be undertaken on buildings existing in the flood plain at the time of adoption of this Amendment provided that: a) No adverse affects on the hydraulic characteristics of flood flows as determined by the Grand River Conservation Authority will occur. b) No new dwelling units are created. c) No new floor space created within the flood plain, including basements, shall be below the elevation of existing first floor space. d) Such renovations, additions and alterations including mechanical and electrical services are generally floodproofed to the Regulatory Flood elevation. Under certain circumstances, reductions in the level of flood proofing may be permitted where deemed appropriate by the Grand River Conservation Authority. The creation of new habitable floor space or rooms will not be permitted below the elevation of the existing first floor. Two-Zone Flood Plain Policies xi) Two-Zone Flood Plain Policies apply to the areas identified as Two-Zone Policy Areas on Map 2. "Flood Plain and Environmental Areas". The Two- Zone floodway - flood fringe concept is selectively applied to portions of the flood plain where significant development exists and that could support further infill development with no adverse impacts. xii) In determining the extent and location of the Two-Zone Policy Areas, it was established that the Two-Zone Flood Plain Policies would apply to areas of existing development only. Two-Zone Flood Plain Policies shall not apply to rural areas or areas under active subdivision development. Under the Two-Zone concept, the flood way and the flood fringe shall be identified as follows: a) Floodway - the hazardous portion of the flood plain where flood depths and/or velocities are considered to be such that they pose a significant threat to life and/or property. In Kitchener, the floodway is generally defined as the area required for the safe passage of the Regulatory Flood. In all circumstances the floodway will be accurately delineated by the Grand River Conservation Authority based on depth and velocity parameters. b) Flood fringe - the portion of the flood plain between the limits of the floodway as defined by the Grand River Conservation Authority and the Regulatory Floodline. Flood depth and velocity is generally less severe in this portion of the flood plain. xJv) Development in the flood fringe will be restricted to infilling, redevelopment or replacement of existing buildings or structures, and major additions or alterations to existing buildings as of the date of adoption of this Amendment. Development in the floodway shall be restricted to minor expansions and minor alterations to buildings existing as of the date of adoption of this Amendment provided no new dwelling units are created. Public and private works which must locate in the flood plain by nature of their use shall be permitted in both the flood fringe and the floodway. With the exception of consents for mortgage purposes or to PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE NOVEMBER 8, 1993 1. (Cont'd) COUNCIL MINUTES - 627 - NOVEMBER 8, 1993 xv) xvi) Implementation xvii) subdivide existing dwellings, no new land severances will be permitted in the floodway portion of the flood plain. New development which conforms to Policy xiv) above may be permitted within the flood plain provided that the following conditions are met: a) A fill permit is issued by the Grand River Conservation Authority under the Fill, Construction and Alteration to Waterways Regulation on the basis that no adverse effects on the hydraulic characteristics of flood flows will occur. b) All new structures are suitably floodproofed to the Regulatory Flood level as determined by and to the satisfaction of the Grand River Conservation Authority and the City of Kitchener. c) All habitable floor space shall be constructed at or above the Regulatory Flood elevation and all essential building services (i.e. electrical, telephone, heating, etc.) be constructed at or above or protected to the Regulatory Flood elevation. d) The creation of any uninhabitable floor space below the Regulatory Flood elevation where there is the possibility of conversion to habitable floor space will not be permitted. e) Notwithstanding (d) above, the creation of uninhabitable floor space below the Regulatory Flood elevation may be permitted if it is associated with a multi-unit residential, commercial, industrial or other non- residential development. Such areas in a multiple residential development may include foyers, recreation rooms, communal storage areas, or other uninhabitable floor space that is normally associated with this type of development. All such floor space in any development must be floodproofed to the Regulatory Flood elevation with the maintenance of safe access ensured. f) Ingress/egress for all new habitable buildings located in the flood fringe shall be such that emergency vehicular and pedestrian movement is not prevented during times of flooding in order that safe access/evacuation is ensured. The determination of "safe" access shall be made by the Grand River Conservation Authority based on the depth and velocity factors as they affect individual sites. g) Conversions on non-residential buildings in the flood fringe to residential use may be permitted provided that the requirements of (a) through (f) above are satisfied. Unless specifically permitted in a particular Secondary Plan, enclosed under- ground parking facilities will be prohibited within the Regulatory Flood Plain in Two-Zone Flood Plain areas. Where enclosed underground parking facilities are provided for in a Secondary Plan, the installation of stringent floodproofing measures to the elevation of the Regulatory Floodline will be required. All lands identified as being within the Regulatory Flood Plain on Map 2, "Flood Plain and Environmental Areas" shall be indicated in the Zoning By-law in order to reflect their condition of flood susceptibility and to allow for the implementation of the Two-Zone Flood Plain Policy. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE NOVEMBER 8, 1993 (Cont'd) xviii) No site plan shall be approved or building permit issued unless it is in confor- COUNCIL MINUTES - 628 - NOVEMBER 8, 1993 xix) xx) mity with the policies of this Plan and appropriate consent is given by the Grand River Conservation Authority through the issuance of a fill permit under the Fill, Construction and Alteration to Waterways Regulation. The lands identified by this Plan as being within the Regulatory Flood Plain in One-Zone Policy Areas shall be designated and zoned as follows: a) All vacant or otherwise undeveloped lands existing at the time of adoption of this Amendment shall be designated Major Open Space and zoned P-3 (Hazard Land Zone) by Zoning By-law 85-1. b) All lands where development exists at the time of adoption of this Amendment shall be designated Major Open Space and zoned E-1 (Existing Use Zone) by Zoning By-law 85-1. Such zoning category shall recognize legally existing development and allow for minor expansions and alterations provided no adverse effects will be had on the hydraulics or storage capacity of the floodway and subject to the issuance of a "fill, Construction and Alteration to Waterways Permit" and the implementation of floodproofing measures as deemed necessary by the Grand River Conservation Authority. Any application for expansion or alteration to an existing building will evoke a review of any existing outdoor storage areas. The lands identified by this Plan as being within the Regulatory Flood Plain in Two-Zone Policy Areas shall be designated and zoned as follows: a) All vacant or otherwise undeveloped lands in the floodway portion of the flood plain at the time of adoption of this Amendment shall be designated Major Open Space and zoned P-3 (Hazard Land Zone) or P-2 (Open Space Zone) by Zoning By-law 85-1. b) All lands where development exists in the floodway portion of the flood plain at the time of adoption of this Amendment shall be designated Major Open Space and zoned E-1 (Existing Use Zone) by Zoning By-law 85-1. Such zoning category shall recognize legally existing development and allow for minor expansions and alterations provided no adverse effects will be had on the hydraulics or storage capacity of the floodway and subject to the issuance of a "fill, Construction and Alteration to Waterways Permit" and the implementation of floodproofing measures as deemed necessary by the Grand River Conservation Authority. Any application for expansion or alteration to an existing building will evoke a review of any existing outdoor storage areas. c) All lands located within the flood fringe portion of the flood plain shall be designated for the appropriate use and shall be zoned accordingly. The suffix "(1R)" shall be applied to the zoning category and shall serve as notice that properties so zoned shall be constrained beyond the regulations of the Zoning By-law. In this circumstance, new development, expansions or alterations shall be subject to implementation of floodproofing measures as deemed necessary by the Grand River Conservation Authority and the issuance of a "fill, Construction and Alteration to Waterways Permit". PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE NOVEMBER 8, 1993 (Cont'd) xxi) On lands zoned for Existing Use (E-l) a change in use may be permitted through a Zone Change provided that the subsequent use is compatible with surrounding land use designations, no new dwelling units are created, the use COUNCIL MINUTES - 629 - NOVEMBER 8, 1993 presents less of a risk to life and property in the event of flooding, the new use is not specifically prohibited by Policy IV. 12.iii), and approval is received from the Grand River Conservation Authority. A change in use will evoke a review of any existing outside storage areas. A permitted use within a Convenience Commercial or Neighbourhood Commercial Plaza may change to any other permitted use within the same designation without a Zone Change. xxii) For the purpose of determining boundaries within the zoning by-law, the following guidelines shall apply: a) Zone lines that are intended to indicate the floodway shall follow actual floodline contours and limits of encroachment as provided by the Grand River Conservation Authority. b) On lands within the flood fringe portion of the flood plain where only a portion of the lot is within the Regulatory Floodline and no part of the potential building envelope is within the Regulatory Floodline, the entire lot shall be considered to be outside the flood plain. c) On lands within the flood fringe portion of the flood plain where a portion of the lot and any part of the potential building envelope is within the Regulatory Floodline, the entire lot shall for the purposes of zoning, be considered to be within the flood fringe and shall receive the zoning suffix "(1 R)". Notwithstanding the policies contained in this Plan, where it has been determined by the Grand River Conservation Authority that development in any part of the flood plain would pose an unacceptable threat to life and/or property, such development will not be permitted." 10. Section V. 10, "Plan for Land Use - Major Open Space" is deleted in its entirety and replaced with the following: MAJOR OPEN SPACE The Major Open Space designation is a category that permits those uses which fulfil at least one of the following objectives: The provision of outdoor recreation, ii) The preservation and enjoyment of distinctive natural features, iii) The enhancement of the urban environment by the introduction of open land or water as interruption to urban development patterns. Areas designated as Major Open Space are those which are best suited for the above objectives and include areas of outstanding topographical features, areas containing bodies of water or significant natural vegetation, areas already developed or intended to be developed for formal parks and recreational activities and Environmentally Sensitive Policy Areas as designated in the Regional Official Policies Plan, as well as Ecologically Significant Areas as identified by the City's Master Plan for Parks, Open Space and Recreation Facilities. They include lands which have steep slopes, organic soils, poor drainage or flood susceptibility which will be regarded as Hazard Lands. Certain lands, although physically suited for urban development may also be designated Major Open Space in the public interest. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE NOVEMBER 8, 1993 1. (Cont'd) In addition to hazard lands described above, the Major Open Space designation shall apply to those lands located within the floodway portion of the flood plain in areas identified as Two-Zone Policy Areas on Map 2, "Flood Plain and Environmental Areas". In Major Open Space areas also designated as Two-Zone Policy Areas (with the COUNCIL MINUTES - 630 - NOVEMBER 8, 1993 exception of those also designated as Environmentally Sensitive Policy Areas), the intent of the Major Open Space designation is to recognize the danger associated with the floodway portion of the flood plain through the prohibition of new urban development while recognizing the presence of existing urban development within the floodway. Existing development will be zoned to permit all legally existing uses and will be subject to the "Fill, Construction and Alteration to Waterways" regulation administered by the Grand River Conservation Authority. Alternative uses may be permitted through a Zone Change provided that the subsequent use is compatible with surrounding land use designations, no new dwelling units are created, the use presents less of a risk to life and property in the event of flooding, the new use is not specifically prohibited by Policy IV. 12.iii), and approval is received from the Grand River Conservation Authority. A permitted use within a Convenience Commercial or Neighbourhood Commercial Plaza may change to any other permitted use within the same designation without a Zone Change. The boundaries of the Major Open Space designation will be more precisely delineated in the Comprehensive Zoning By-law using detailed mapping from the Grand River Conservation Authority. The Major Open Space category does not include neighbourhood or local parks on the general Plan for Land Use. However, these would be designated as Open Space in the Secondary Plan. The major permitted use in the Open Space category is recreation, including the necessary buildings and structures. Recreational uses may include enjoyment of an area in its natural state (passive recreation) as well as more organized types of sports and activity (active recreation). Ancillary uses of land may be permitted in the Major Open Space category provided they do not detract from the amenities of the area. These uses may include forestry and horticulture, public utilities and cemeteries. Where the Major Open Space category is also designated as an Environmentally Sensitive Policy Area, the following legal use of land and buildings may be permitted if permitted by City Zoning By-laws at the time the Regional Official Policies Plan was approved by the Minister of Housing; December 7, 1976. a) Farming operations and the expansion of same under City Zoning By-laws and policies and regulations of other government agencies. b) Management and the harvest of timber of a woodlot under agreement pursuant to the Provincial Woodland Improvement Act and Forestry Act. c) Use of wood and the harvest of timber in conformity to the Regional Tree Cutting By- law for the owner's personal use for fence posts, firewood and/or construction. d) Construction or expansion of a residence on a legally separated parcel of land existing at the time of the approval of the Regional Official Policies Plan by the Provincial Minister of Housing on December 7, 1976, subject to other policies in this Plan, City Zoning By-laws, and policies and regulations of other government agencies, and a site plan indicating the location of the residence on the legally separated parcel. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE NOVEMBER 8, 1993 (Cont'd) e) The construction or expansion of a building on existing cleared land contiguous to or within an Environmentally Sensitive Policy Area so long as it does not physically and biologically affect the sensitive area and is in conformity to this Plan, City Zoning By- laws, and policies and regulations of other government agencies. COUNCIL MINUTES - 631 - NOVEMBER 8, 1993 f) The main use of the area as a private garden or a private woodlot ancillary to the main use. g) The use of the area for an approved forest and wildlife management project. Where the Major Open Space category is not also designated as a Two-Zone Policy Area or an Environmentally Sensitive Policy Area, the legal use of land and buildings for farming operations and the expansion of same under City Zoning By-laws may be permitted. Further, construction or expansion of a residence on a legally separated parcel of land may be permitted in the Major Open Space category subject to other policies in this Plan and the Regional Official Policies Plan, Secondary plan containing policies governing woodlot use, approved ecological studies and tree saving plans, policies and regulations of other government agencies, and a site plan indicating the location of the residence on the legally separated parcel." 11. Section V. 11, "Plan for Land Use - Existing Development Below Regional Floodline" is deleted in its entirety. 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. (AS AMENDED) That City Council inform the Grand River Conservation Authority that it is in support of a Two-Zone Policy Area concept in Kitchener and that it accepts the floodline mapping for the Schneider Creek and its tributaries as provided by the Grand River Conservation Authority and Paragon Engineering Limited through the Schneider Creek Floodline Mapping Study (October, 1993). That City Council accept the revised floodline mapping provided for the Grand River Conservation Authority for Bridgeport East. That the Bridgeport East Secondary Plan be revised as follows: 1 ) By the addition of the following new Policy: 5.10.11 The Open Space designation in Bridgeport East shall apply to vacant public open space lands adjacent to the Grand River as well as to areas of existing development within the Floodway of the Grand River. The designation is applied over existing development to recognize the potential for major flooding in this area further to Policy 5.13 of this Plan. 2) By deleting the existing Floodplain Policies contained in Section 5.13 of the Plan and replacing them with the following: 5.13 Land Use Below the Regional Floodline 5.13.1 That lands in Bridgeport East within the Floodway of the Grand River be designated Major Open Space. These lands are subject to Section V. 10, Major Open Space and Section IV. 12, Floodplain Policies of the Kitchener Official Plan. These lands are in an area where emergency vehicles and average adult pedestrians cannot effectively manoeuvre during a Regional Storm due to potential flooding over 80 cm deep or a water velocity over 0.4m/sec. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE NOVEMBER 8, 1993 (Cont'd) 5.13.2 That lands in Bridgeport East within the Floodfringe of the Grand River be subject to Section IV. 12.xiv Floodplain Policies of the Kitchener Official Plan. These COUNCIL MINUTES - 632 - NOVEMBER 8, 1993 lands will have a potential flood depth of up to 80cm, a water velocity less than 0.4m/sec. and would allow operation of emergency vehicles and movement by average adult pedestrians during a Regional Storm. These lands will require a Fill permit from the Grand River Conservation Authority for any infilling, redevelopment or additions to properties within this area. 3) By revising Map A - Land Use as shown on the attached Map A. It is the opinion of this Committee that the approval of this revision to the Secondary Plan is proper planning for the City. COMMUNITY SERVICES COMMITTEE That, in 1994, the Kitchener Farmers' Market mid-week market remain on Thursdays and that Market hours be 10:00 a.m. to 4:00 p.m.; and further, That Thursday Markets begin on the first Thursday in June and continue through to the first Thursday following Thanksgiving Day. That, in the event the Ontario Track & Field Association awards the 1994 Provincial Juvenile and Seniors Track & Field Championships to Kitchener, scheduled for July 15 & 16, 1994, $1,000.00 be allocated in the City's 1994 Operating Budget to assist the K-W Track & Field Club with the cost of an opening reception; and further, That $1,000.00 be allocated in the City's 1994 Operating Budget for a similar purpose should the Ontario Track & Field Association award the 1994 Provincial Bantam, Midget and Junior Championships to Kitchener, scheduled for July 29-31, 1994. That the individual having power-of-attorney for the affairs of the spouse of the deceased individual interred on Lot #62 in Section J in Woodland Cemetery be granted permission to proceed with the disinterment/re-interment as presented to the Community Services Committee on November 1, 1993; and further, That this same individual be responsible for all charges relating to this request. FINANCE AND ADMINISTRATION COMMITTEE That the Manager of Licensing be authorized to issue a Transient Traders Licence to Mr. Peter L. Young. COUNCIL MINUTES - 633 - NOVEMBER 8, 1993 COMMITTEE OF THE WHOLE MINUTES NOVEMBER 8, 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. Petition for Interim Payment It was resolved: "That the Mayor and Clerk be authorized to execute a petition for interim payment with the Ministry of Transportation under the Public Transportation and Highway Improvement Act on expenditures made in the year 1993 totalling $5,925,083." 2. Licenses It was resolved: "That the law offices of Madorin, Snyder, Carere, Lackenbauer & Hertzberger be granted permission to sell crafts and baked goods at the Canada Life Building, 235 King Street East, Kitchener, on December 8, 1993 provided that Hawker & Pedlar and Refreshment Stand Licences are obtained and that the regular licence fee be waived, and a nominal $1.00 licence fee be applicable." - and - "That the City of Kitchener has no objection to the Knights of Columbus, Ontario State Council, being granted permission to sell tickets in the City of Kitchener for their Annual Charity Car Draw to be held at the Ontario State Council, 759 Warden Avenue, Scarborough, Ontario on May 21, 1994." 3. Enqineerinq Aqreements It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Proctor and Redfern Limited, regarding Glasgow Heights Subdivision, 30T-88042." - and - "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Paragon Engineering Limited, regarding Highland Meadows Subdivision, 30T-88033." 4. Resolution - Dauphin Handqun Club The Committee was in receipt of a letter from the Club dated October 19, 1993, requesting support for a resolution which would allow Canadians to enjoy the responsible recreational use of firearms. It was resolved: COUNCIL MINUTES - 634 - NOVEMBER 8, 1993 "That no action be taken on the request of the Dauphin Handgun Club for support of the resolution contained in the letter of Mr. Inky Mark, President, dated October 19, 1993." 5. Tenders It was resolved: "That tender T93-65, Supply and Delivery of Highway Coarse Salt, be awarded to Sifto Canada Inc., Mississauga, at their tendered price of $634,800. (all taxes included)." - and - "That tender T93-73, Domestic Gas Meters, be awarded to Canadian Meter Co. Inc., Milton at their tendered price of $123,480. (rebuilt units) plus G.S.T. and P.S.T." 6. Lottery Licence - Asahi Judo Club The Committee was in receipt of a report from Ms. J. Koppeser dated November 3, 1993, recommending endorsement of the Club's application for a Raffle Lottery Licence. It was resolved: "That the City of Kitchener has no objection to a Lottery Licence being issued to the Asahi Judo Club, 805 Victoria Street South, Kitchener, to conduct a Raffle Lottery at their offices on December 15, 1993." 7. Offer to Purchase - Barbarian Sportswear Mfq. Ltd. The Committee was in receipt of a memorandum from Mr. J. Shivas, dated November 8, 1993 recommending acceptance of the Offer to Purchase. It was resolved: "That the City accept, and the Mayor and Clerk be authorized to execute an Offer to Purchase dated November 5, 1993 submitted by Barbarian Sportswear Mfg. Ltd. for part of Part 2 on Reference Plan 58R-6378 being the easterly most 2.4 acres fronting on McBrine Drive in Phase II, Huron Industrial Park at a price of $70,000.00 per acre for a total purchase price of $168,000.00; and further, That the Mayor and Clerk are hereby authorized to execute any further necessary documentation as required by the City Solicitor to complete the transaction." 8. Encroachment Aqreement - 94 Archer Place The Committee was in receipt of a memorandum from Ms. L. MacDonald dated November 8, 1993 recommending that the City execute an agreement to legalize various encroachments. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owners of 94 Archer Place to legalize the following existing encroachments: 1) a carport which encroaches 7½', more or less, onto a sewer easement; 2) a concrete driveway which encroaches 17', more or less, onto a sewer easement; 3) a chain link fence which encroaches over a sewer easement; 4) a board fence which encroaches over a sewer easement; and, 5) a frame shed which encroaches 3'5", more or less, onto the laneway known as Lot 151, Streets and Lanes." COUNCIL MINUTES - 635 - NOVEMBER 8, 1993 9. Transfer of Easement - 36 Maple Hill Drive The Committee was in receipt of a memorandum from Mr. J. Wallace dated November 8, 1993 recommending acceptance of the easement with respect to the installation of a storm sewer. It was resolved: "That the City of Kitchener accept the Easement from Mr. David Thomson and Lynda Thomson, 36 Maple Hill Drive, over Lot 7, Plan 877 with respect to the installation of a storm sewer, and further, That the Commissioner of Public Works be authorized to expend monies and obtain a Reference Plan with respect to installation of the works." 10. Waiver of Insurance Requirement - Encroachment Aqreement - 650 Kinq Street East The Committee was in receipt of a report from Ms. L. MacDonald dated November 5, 1993 relative to the standard insurance requirement contained within the Encroachment Agreement. Mr. Edmund Farrage was registered as a delegation this date concerning his request for a waiver of the insurance requirement but did not address Council. It was resolved: "That the requirement that Judy Farrage, registered owner of Lot 75, Subdivision of Lot 2, German Company Tract, known as 650 King Street East, Kitchener, obtain and maintain public liability and property damage insurance in the amount of One Million ($1,000,000) Dollars for the property at 650 King Street East, Kitchener, as set out in Section 10. of the Encroachment Agreement dated October 27, 1993, prepared by the City Solicitor, is hereby postponed until May 10, 1994 at which time a certificate of insurance must be provided to the City Solicitor." Councillor B. Stortz asked that notwithstanding the above staff continue to deal with any outstanding property standards issues and speak with the owner in this regard.