HomeMy WebLinkAboutCouncil Minutes - 1994-04-25COUNCIL\1994-04-25
COUNCIL MINUTES
APRIL 25, 1994 CITY OF KITCHENER
The Council of the Corporation of the City of Kitchener met this date with all members present.
On motion by Councillor G. Leadston, the minutes of the regular meeting held on March 28, 1994 and the
special meeting held April 18, 1994, as mailed to the Mayor and Councillors, were accepted.
A. COMMUNICATION REFERRED TO COMMITTEE OF THE WHOLE -
(1) Letter dated April 20, 1994 from Mr. R.W. Pritchard, Commissioner of General Services &
City Clerk to Members of Council relative to applications for cancellation, refund, reduction
of levy of taxes.
Councillor G. Leadston advised that three Leaders and members of the 24th Kitchener Scout Troup were
in attendance at the meeting this date. He indicated that they were celebrating their 25th Anniversary and
would be holding a Pancake Day on Saturday, May 7, 1994 from 8 a.m. to 2 p.m. at Rosemount Church.
Mr. Peter Miller extended an invitation to all Members of Council and the public to participate in the
Pancake Day. Councillor G. Leadston then presented Mr. Miller with a certificate in recognition of his
volunteer contribution to the community extending over the last 25 years.
Mayor D.V. Cardillo indicated that a delegation was in attendance with regard to the item listed as 10 (a)
of the Committee of the Whole Agenda of this date dealing with a lottery licence request of Kitchener -
Waterloo Oktoberfest.
Moved by Councillor G. Lorentz
Seconded by Councillor G. Leadston
That the City of Kitchener has no objection to a Lottery Licence being issued to the Kitchener -
Waterloo Oktoberfest to conduct a Raffle Lottery at the Valhalla Inn, Kitchener, on November 29,
1994.
Carried.
Mayor D.V. Cardillo advised that a delegation was in attendance with regard to clause 5 of the
Community Services Committee report of this date.
Moved by Councillor G. Leadston
Seconded by Councillor C. Zehr
That clause 5 of the report of the Community Services Committee of this date be adopted.
Carried.
Ms. Donna Blake appeared as a delegation in her role as Co-ordinator for the City's KAPS Suugestion
Program which commenced in 1989. She commented on the goals of the program which are to provide a
method for employees to submit workplace improvement ideas that will be recognized. Ms. Blake
advised that the co -winners of the 1993 Kitchener Cup Award were the General Services & City Clerk's
Department and the Parks and Recreation Department. Messrs. R.W. Pritchard and T. Clancy accepted
the award on behalf of their respective departments. Ms. Blake expressed appreciation for the support
given to the program by Management, Program Committee Members and the employees.
In connection with the proclamation of Volunteer Week, April 17-23, 1994 Mayor D.V. Cardillo assisted by
Mr. R. Arnot, Assistant General Manager of the Parks and Recreation Department, Mr. Reg Weber,
Manager of Community Development and Ms. Denise Keelan, Supervisor of Aquatics at Forest Heights
Pool, conveyed appreciation of City Council to volunteers who have assisted the Parks and Recreation
Department over the past year. Mayor D.V. Cardillo then presented volunteer appreciation mementos to
the following individuals who were representing all the volunteers within the categories listed:
Name of Volunteer Representing the following Volunteers
Joy Kramer Arts and Culture
Jenny Sutherland Volunteer -in -Training Program
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APRIL 25, 1994
-127- CITY OF KITCHENER
Paul Thiel
City Hall Special Events
Nancy Finkle
Adopt Your Environment
Mark Reddington
Youth Leadership Development Program
Russell Rivers
Seniors
Peter Hambly
Special Needs
Brenda McDaid
Neighbourhood -based playgrounds
Ruth Tomlinson
Community Centres
Dave Starr
Aquatic Programs
Pat Cottenie
Athletic Programs
Deb White
Neighbourhood Associations
Greg Salvian
Winter Rinks
Nora Whittington
Corporate Assistance Award - CHYM Radio
Mr. Arnot expressed appreciation to Council for allowing staff the opportunity to introduce and recognize
the volunteers this date. He noted that these volunteers represent some 5,600 volunteers in the
community who have contributed approximately 225,000 hours of their time toward the betterment of the
community by supporting the services offered through the Kitchener Parks and Recreation Department.
Mr. Ted Gray, Misty Crescent, appeared as a delegation to object to clause 10 of the report of the
Planning and Economic Development Committee of this date dealing with a revision to the Grand River
North Community Plan and applications for Zone Change and Subdivision submitted by Forwell Limited.
He advised that he had a petition signed by approximately 300 individuals who oppose allowing housing
in forested areas of the proposed subdivision. The petition reads as follows:
"The following people are against the proposed destruction of the trees by the developer of Blocks
46, 61 and 1 of the Map Subdivision Plan Application 30T-89003." He also submitted a second
petition which reads as follows: "The trees need the help of Grand River Collegiate Institute. Sign
to help protect the trees between Misty Crescent and Keewatin Avenue from land developers in
the Kitchener area."
Mr. Gray advised that a few residents were in attendance and that his request was for deferral as some of
them had just received the zoning plans and only had ten days to react. Accordingly, he indicated they
would like time to properly represent themselves and respond in a detailed way. Councillor G. Leadston
suggested that Mr. T. McCabe, Mr. B. Hermsen representing the applicant and the delegation meet while
the Council meeting was in process in order to fully explain planning that has taken place since 1987 as
well as the coloured map received by Council this date which outlines areas designated with open space
within the proposed development. Mr. Gray stated that he was aware his property originally was part of
the treed area to the rear of this property before his house was built and requested that no more of the
bush be cut down.
Councillor T. Galloway questioned the short notice given to the residents in this matter and what the
requirements were with respect to circulation notice. Mr. T. McCabe advised that the legal circulation
period was 20 days and pointed out that it was Council's circulation practice if a zone change was
circulated more than one year in advance of the public meeting to recirculate to all property owners within
120 metres. Mr. McCabe stated that legally, staff have complied with the public notification requirement in
the Planning Act. Also he stated that since the meeting of the Planning and Economic Development
Committee, staff have had extensive discussions with Mr. Gray and that he was fully aware of
development issues and it would appear that at this stage the matter was a difference of opinion in
respect to the proposed development.
In response to Councillor M. Yantzi, Mr. Gray advised that all of the residents were told by the builder of
their homes that the adjacent forested lands were conservation lands that would be retained and he noted
that the forest was used by residents from the surrounding area and not just Misty Crescent.
Ms. Heather Jaklitsch, 421 Misty Crescent, appeared as a delegation supporting Mr. Gray and in
response to questions advised that some 200 children live in the area and that approximately 350 people
representing some 300 homes were concerned.
At this point Councillor M. Wagner requested Mr. Gray to read the preamble to his petition which he did.
Councillor Wagner commented that the petition sounds like people may have thought all trees were being
destroyed and there was likely a degree of misunderstanding on this issue.
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APRIL 25, 1994 -128- CITY OF KITCHENER
Mrs. Tammy Botter, 322 Misty Crescent, appeared as a delegation to oppose the proposed Forwell
Subdivision. She stated that she had talked to different environmentalists and had been advised that
there were all kinds of plant and animal species in the treed areas. She questioned what environmental
plans existed and questioned who drained a nearby lake as she was told it would not be drained. Mrs.
Botter's daughter, Shannon, also appeared before Council to request that the trees not be cut down as
they mean a lot to everyone in the area. She stated that the forest was 100 years old and should be
saved to provide for a living environment for animals and enjoyment by people.
Mr. B. Hermsen, MacNaughton Hermsen Britton Clarkson Planning Ltd. appeared as a delegation on
behalf of Forwell Limited in respect to its Zone Change and Subdivision Applications. He advised that Mr.
Bruce Schiefele of MTE Consultants and Mr. Brad Bricker of Ecoplans Limited, were also in attendance to
answer any technical questions. Mr. Hermsen referred to the description in the petition submitted and
noted that Block 46 was vacant of trees, Block 61 was located behind the lots on Misty Crescent and
represented some trees that were left over following the development of homes on Misty Crescent. He
stated that this stand of trees was actually a plantation forest that was only 25 years old and that two-
thirds of the original plantation had been removed when Misty Crescent was developed. Mr. Hermsen
pointed out that the City has a policy requiring that when a new subdivision is proposed, a subdivision
sign and mapping/explanation be erected at the entrance to the subdivision. In this regard, he advised of
the details respecting the subdivision sign which was erected upon registration some 3-4 years ago.
Specifically, he referred to the description and legend on the sign and pointed out that it asks persons to
contact the City of Kitchener for further information. Mr. Hermsen also stated that the area in question
was originally zoned in February 1990 ahead of the zoning on Misty Crescent which took place in July
1991. He then referred to Block 1 of the plan and pointed out that the original plan proposed lots that
would have removed every tree but that following consultation with Planning staff a change had been
made so as to maximize tree saving. He illustrated a walkway from Misty Crescent that was intended as
an access route to the forested lands to be saved. In regard to the delegation's question relative to
draining of a lake, he advised that it was located futher to the north and was not on his clients' land. Mr.
Hermsen advised that Ecoplans Limited had been retained with regard to environmental issues and it was
their opinion that there are no rare species located in the forested lands encompassed by the application.
Mr. B. Bricker commented on the investigations of Ecoplans Limited and pointed out that while there are
large number of rare species in the Region, they did not encounter any in the subject area which they
consider to be a small isolated woodlot. He noted that the trees adjacent to Misty Crescent were actually
an immature plantation and that the higher quality woodlot nearby has been retained.
Councillor M. Wagner questioned what kind of inconvenience it would be to Mr. Hermsen's client if
Council was to defer the recommendation so as to allow everyone to take a closer look at the facts as in
his view there was misapprehension and misunderstanding which would be better resolved at this time.
Mr. Hermsen commented that it was the intent of his client to proceed and try to register the lands this
year since there was a favourable opportunity to build. He stated that there are facts in this matter that
are either accepted or not and pointed out that everyone was on full notice to review the subdivision plan
and that the applicant has done as much as he could to save trees.
In reference to Block 61, Councillor T. Galloway questioned if the applicant might be prepared to dedicate
additional lands toward tree saving and Mr. Hermsen advised that the lands in question were not hazard
lands and that the applicant has already directed dedication to areas of highest quality. The block in
question was developable land and would represent a substantial additional dedication to his client.
In response to Councillor G. Leadston it was clarified that the developer has dedicated almost one-half of
his land holding for Open Space and Park purposes and that the dedication is considerably in excess of
provincial requirements. It was questioned whether some of the trees located in the Pine Plantation could
be saved when the parcel is developed. Mr. Hermsen pointed out that the remainder of the Pine
Plantation is setback from an embankment and well into the property to be developed and in all likelihood
could not be saved. He stated that normally when trees are saved they were located along
property lot lines, however, the
embankment that was created when Misty Crescent was developed resulted in removal of trees within the
area of the embankment.
Mr. Gray again requested additional time so as to seek representation regarding this matter. In response
to Councillor J. Ziegler he advised: that the homes on Misty Crescent were built by Norwich West, that
residents never use the Forwell Road access where the subdivision sign was located, that the builder told
the purchasers the wooded areas would be retained and that neighbours on Misty Crescent abutting the
woodlot paid a lot premium for that location. Councillor Ziegler clarified to Mr. Gray that what the builder
told prospective purchasers was not the City's responsibility.
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APRIL 25, 1994 _129- CITY OF KITCHENER
Mr. George Taylor, 302 Misty Crescent stated that his concern was that the developer was able to
properly represent himself and that residents need an opportunity to do the same. He pointed out that
some residents did not receive notice with respect to this matter while others did and many simply need
the time to seek counsel on the matter.
Mr. T. McCabe commented that all planning documents with respect to the proposed subdivision
including environmental data were available for review by the residents. In response to Councillor G.
Lorentz, the delegation requested 30 days deferral.
Councillor T. Galloway stated that sometime ago he questioned practices with respect to previously
circulated plans as to their re -circulation. He suggested there needs to be a more pro -active approach by
Council to provide people with adequate time to react to proposals. Accordingly, he suggested that
Council reconsider its circulation policy with regard to re -circulation of previously circulated plans with a
view to providing more time and opportunity for comment by residents. Also he commented that if there
was a strengthened Provincial Tree Act, everyone would be better off. Councillor Galloway stated that it
was not the first time he had heard allegations of misrepresentation by builders/developers and
questioned if the City could take any action/sanction against a builder/developer as a response to a bona
fide complaint. Mr. J. Wallace, City Solicitor, commented that the issue was one for the Courts and was
outside of the realm of City Council.
Mr. T. McCabe referred to the registered subdivision agreement which specifically directs individuals to
contact the City for further information with respect to future development affecting the subject lands.
Moved by Councillor C. Weylie
Seconded by Councillor J. Ziegler
That clause 10 of the report of the Planning and Economic Development Committee of this date be
adopted.
Moved by Councillor M. Wagner
Seconded by Councillor B. Stortz
That clause 10 of the report of the Planning and Economic Development Committee be amended
so as to provide for a deferral and referral to the May 9 Council meeting in order to allow staff to
hold a meeting with residents and the developer to clarify information pertaining to the proposed
development.
Carried.
Councillor C. Weylie's motion, as amended, was then put to a vote and it was resolved:
"That clause 10 of the report of the Planning and Economic Development Committee of this date
be deferred and referred to the May 9, 1994 Council meeting so as to allow Planning staff to hold a
meeting with residents and the developer to clarify information pertaining to the proposed
development."
Councillor J. Ziegler suggested that staff review circulation and re -circulation policy and place the matter
before Planning Committee within two months.
Moved by Councillor J. Ziegler
Seconded by Councillor T. Galloway
That staff of the Department of Planning and Economic Development be requested to review
procedures relative to circulation notice requirements and re -circulation of planning proposals and
provide a report to the Planning and Economic Development Committee by June 30, 1994.
Carried.
It was also suggested that the City's Legal Department develop a procedure to assist residents in dealing
with planning proposals.
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APRIL 25, 1994 -130- CITY OF KITCHENER
Moved by Councillor J. Ziegler
Seconded by Councillor T. Galloway
That the City's Legal Department prepare an outline of a procedure to assist residents in how they
could pursue a remedy relative to planning applications/issues for consideration by either the
Planning and Economic Development Committee or the Finance and Administration Committee.
Carried.
Mayor D.V. Cardillo indicated that there was a delegation in attendance relative to clause 1 of the
Planning and Economic Development Committee report.
Moved by Councillor C. Weylie
Seconded by Councillor J. Ziegler
That clause 1 of the report of the Planning and Economic Development Committee of this date be
adopted.
Carried.
Mayor D.V. Cardillo requested that clause 8 of the Planning and Economic Development Committee
report be dealt with at this time. It was noted that staff had provided Council with Staff Report PD 94/37
proposing amendment to the Committee recommendation. Ms. S. Frenette pointed out that at the
Committee meeting she had been requested to negotiate with the owner and some tenants respecting
concerns relative to the application and one of the issues of greatest concern was the possibility of
displacement of tenants should they choose to stay in their apartment unit and subsequently be required
to relocate to other available units in the building. Ms. Frenette advised that Cheryl Hunsberger who
appeared at the Committee meeting has informed her that 8 of 18 tenants are opposed to the Committee
recommendation.
Moved by Councillor C. Weylie
Seconded by Councillor J. Ziegler
That clause 8 of the report of the Planning and Economic Development Committee of this date be
amended as follows:
- in Condition (d), delete the words "or an equivalent unit"
- in Condition (d), delete bullet 5 dealing with relocation of tenants
- add a new Condition (h):
If a term of this agreement is inconsistent with the rights conferred upon the Owners
or a Tenant under the Rental Housing Protection Act, the Residential Rent
Regulation Act or the Landlord and Tenant Act, R.S.O. 1990, c. L.7, as amended,
the provisions of the aforesaid statutes are deemed to apply.
and that clause 8, as amended, be adopted.
Carried.
Mr. Paul Dietrich, 150 Water Street S, Cambridge, appeared as a delegation on behalf of Hallman-
Idlewood Limited in support of clause 11 of the report of the Planning and Economic Development
Committee.
Moved by Councillor C. Weylie
Seconded by Councillor J. Ziegler
That clause 11 of the report of the Planning and Economic Development Committee of this date be
adopted.
Carried.
A number of delegations were registered with regard to clause 12 of the report of the Planning and
Economic Development Committee which recommends that Heritage Drive be permanently re -opened.
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APRIL 25, 1994 -131- CITY OF KITCHENER
Before hearing the delegations, Councillor G. Leadston advised that he wished to inform the delegations
of further consideration that he had given with regard to this matter. He indicated that he wished to
propose an amendment to the Committee recommendation that Heritage Drive not be opened until
September 1, 1994 at which time traffic calming measures would have been incorporated into Heritage
Drive. Mr. D. Snow advised that the by-law to temporary close the road was effective only until April 1,
1994 and was now defunct. He stated that staff would like to deal with traffic calming measures on
Heritage Drive and provide suggestions and proposals in a detailed report at a later date. Mr. Snow
noted that traffic calming was a new technique that has worked in other jurisdictions. With regard to other
traffic issues of concern to residents, he noted that while a school crossing guard was not warranted, it
could be reconsidered. Mr. Snow advised that staff were opposed to an all -way stop at Heritage and
Lorraine given the lack of compliance by drivers to this type of traffic control. He advised that it was
intended that the 40 km speed limit on Heritage Drive be left in place and that staff would work to rectify
the parking situation at the community centre. He noted a concern with parking on both sides of Heritage
Drive as a large percentage of vehicular/pedestrian accidents occurs mid -block with parked cars being a
factor.
Councillor J. Ziegler agreed that Heritage Drive should be opened in conjunction with traffic calming
measures and suggested that Council consider passing an interim by-law to keep the road closed until
September 1, 1994. Councillor B. Stortz requested a description of possible traffic calming measures and
Mr. Snow advised that they represented ways of narrowing the roadway that tighten up the radius and
slow down traffic. He pointed out that staff must carefully study and evaluate the best measures in
relation to location before proceeding. Councillor C. Zehr questioned if the monies contributed by the
developer to accommodate the required turning circles for a closed roadway were available to offset the
cost of traffic calming measures. Mr. D. Snow advised that the money was returned to the developers on
the basis that it would be retrieved by the City if Heritage Drive had been closed permanently.
Councillor C. Zehr requested a written report respecting the funds that had been received from the
developer that were to be set aside for the closure of Heritage Drive and that such report be included in
the agenda of the next Public Works and Transportation Committee meeting.
Councillor G. Leadston questioned what a realistic timeframe would be for traffic calming measures to be
in place so as to coincide with the opening of Heritage Drive. Mr. D. Snow advised that subject to
required funding and engineering resources to carry out the necessary design, traffic calming measures
on Heritage Drive could be carried out from the east leg of Oakhurst Crescent to Lorraine Drive in 1994.
He suggested that the remaining section of Heritage Drive should be tied in with resurfacing and other
engineering work which he understood was proposed for 1995. He indicated that the first phase from
Oakhurst to Lorraine could be in place by the end of August subject to engineering and financial
considerations. Councillor Leadston suggested that staff be instructed not to remove the barricades so
as to allow for the traffic calming measures to be considered and implemented before the street was
reopened.
Mr. J. Wallace commented on the status of the by-law which was now redundant and suggested that
Council would have to act prudently under the circumstances if it was not to reopen the street at this time
and should ensure that there was some plan underway relative to reopening and issues in that regard.
Mrs. Mary Dinner, 53 Montcalm Drive, appeared as a delegation to support the opening of Heritage Drive
and agreed that the date of September 1 as suggested was a good one that allows for proper planning to
take place relative to the change. She agreed that any changes relative to Heritage Drive and other
traffic issues take place at the time of the reopening. Finally, she commented that delegations that were
heard at the meeting of the Planning and Economic Committee did not convey the flavour of the public
information meetings wherein there was widespread support for the reopening which she stated was for
the betterment of the entire community.
Mrs. Irene Brisson, 49 Montcalm Drive, appeared as a delegation to support the reopening on the basis
that what has been proposed was fair and addresses concerns that have been raised.
Mr. Bob Knechtel, 140 Montcalm Drive, appeared as a delegation to support the Planning Committee
recommendation to reopen Heritage Drive and commented that September 1 was very acceptable. He
questioned how the neighbourhood would be kept informed of what was contemplated for Heritage Drive
between now and September 1. Councillor Leadston advised that he proposed to contact residents to
appraise them of planning for the reopening. Councillor C. Zehr commented that it would be appropriate
for the Department of Planning and Development to provide notification to all of those who were
previously registered with the department in regard to the Heritage Drive closing issue. Mr. D. Snow
COUNCIL MINUTES
APRIL 25, 1994 -132- CITY OF KITCHENER
commented that it would be appropriate to bring the concept for traffic calming proposed on Heritage
Drive to either the Public Works and Transportation Committee or the Planning and Economic
Development Committee for consideration.
Councillor G. Leadston requested assurance from Mr. T. McKay that the engineering design required for
traffic calming on Heritage Drive would be a top priority within the administration and that staff resources
from affected departments would be made available to ensure quick completion of the design and timely
installation before September 1. Mr. T. McKay advised that at this time all of the engineering design staff
were fully involved with the infrastructure program.
Ms. Lauren Stoveld, 56 Oswego Court, appeared as a delegation and commented that as a relatively new
resident to the City, she saw Council's vision of the community as a strong one and that the Council's
actions bear that vision out. She pointed out that the original community concept plan developed major
transportation routes outside of the subdivision in order to accommodate a closed Heritage Drive. She
stated it was her expectation that a decision would be made on the facts in this case and pointed out that
people who purchased homes in the area made themselves aware of the plan to close Heritage Drive.
Further, she stated that the statistics in the traffic studies justify closing and suggested that the traffic
calming measures that have been proposed which often involve curves in the right-of-way would simply
be creating a similar problem with curves such as exists on other streets. She stated that the facts
undeniably suggest that long term closure of Heritage Drive was the correct choice for City Council to
make. She questioned what has happened to change this course of action and stated that she was not in
favour of opening nor was she in favour of compromises in that regard. Finally, she requested that
Council look at other solutions, that would maintain closing such as what was proposed at the Planning
and Economic Development Committee meeting.
Ms. Roby Schuller, Co -President of the Student Body at Grand River Collegiate and Ms. Stephanie Berg
appeared as delegations representing 1,200 students and staff of Grand River Collegiate to advise of
their support for re -opening of Heritage Drive and would agree with a September 1 re -opening date. Ms.
Schuller presented a submission detailing the negative effects that the temporary closing has caused to
those individuals attempting to access Grand River Collegiate. Also, it was pointed out that the Heritage
Drive closure and related vehicular barriers that were constructed on the Collegiate property has caused
further problems with regard to access by visiting sports teams to the school. It was also noted that there
were problems with driveway access to the school and on Heritage Drive near Lyle Hallman pool.
Mrs. Dianne Unrau, 368 Heritage Drive, appeared as a delegation in favour of maintaining the closing of
Heritage Drive. She stated that the plan has been in place for 20 years and that the temporary closing
had allowed for traffic counts on neighbouring streets to be taken with the result that there was no
significant increase in traffic on those streets. Accordingly, she requested that the City maintain its long
term commitment and close Heritage Drive. She also stated that she was opposed to any compromise on
the issue on the basis that the original commitment to close the road should be adhered to.
Councillor M. Wagner referred to the issue of commitment as raised by Mrs. Unrau and acknowledged
that while there was a commitment made in the past, Council had a responsibility for the present and for
the future and as conditions change, Council must respond to the present needs and the future
requirements that are now envisaged. Councillor C. Weylie pointed out that the road closure was never
in the City's Official Plan or the Regional Official Plan but only in the Community Plan.
Ms. Kendra Passmore, 432 Heritage Drive, appeared as a delegation and advised that while she was a
new resident to the area, her lawyer investigated the Heritage Drive issue when they purchased their
house and she was disappointed that Council was considering re -opening the road. Also she stated that
she was concerned about the value that should be placed on future commitments made by the Council.
She noted that traffic studies have indicated that the closure works and that she simply did not
understand the process taking place and that it would appear commitments do not mean anything.
Ms. Trisha Hackbart, 394 Heritage Drive, advised that she opposed re -opening Heritage Drive but would
like to know more about the traffic calming measures.
Ms. Joanne Scheffel, 385 Heritage Drive, posed a question to Councillor G. Leadston as to how he would
feel if someone made a long term commitment on a matter and then retracted that commitment. She
supported the alternative plan presented by residents at the Planning and Economic Development
Committee meeting and referred to the fact that at the meeting it was indicated funds had been collected
and set aside to cul-de-sac Heritage Drive and questioned why this would not appear to be the case now.
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APRIL 25, 1994 -133- CITY OF KITCHENER
Ms. Sharon Nichols, 140 Oakhurst Crescent, advised that she was confused about the process taking
place with respect to the closing and the recommendation of the Planning and Economic Development
Committee to re -open the road. She suggested that the residents should have been allowed to make
their presentations relative to the Committee's recommendation without the confusion generated by the
latest proposal by Councillor Leadston involving a September 1 opening date and traffic calming
measures. She stated that the closing was a unique commitment to the community and that during the
period of the temporary closing there had been only a minor effect on neighbouring side streets. Finally,
she advised that a lot of information had been raised concerning further issues not directly related to the
Heritage Drive closing and stated that this information was unrelated to the closure issue.
Ms. Janis Robinson -Witmer, 436 Heritage Drive, appeared as a delegation to support closure of Heritage
Drive. She suggested that the residents and City Council were really not that far apart in terms of
resolving Heritage Drive issues and also suggested that parties not just talk about only traffic
compromises. She commented that the alternative plan presented at the Committee meeting had some
merit that should be seriously considered and would present an opportunity for Council to maintain the
City's past commitment to close the road. She indicated that she was not happy with traffic calming and
would like a compromise within the alternative suggested at the committee meeting. Finally, she
questioned what has changed in the last few years to warrant the City not adhering to its past
commitment.
Mrs. Jane Schuett, 107 Oakhurst Crescent, advised that she did not intend to repeat her presentation that
was made to the April 18 meeting of the Planning and Economic Development Committee but asked that
City Council take note of her remarks as outlined on pages 83 and 84 of those minutes. Ms. Schuett
advised that she had approached several Councillors and asked that they visit the community in order to
get a feel for the atmosphere of the street which is now quite tranquil as envisaged in the original
planning. She commented that owners relied on the Community Plan when they purchased their homes
and suggested that a true compromise should involve a Committee of residents and City departments
considering a workable alternative. She stated that the alternative at the Committee meeting actually
invited traffic from Victoria Street to utilize Heritage Drive in order to reach community facilities. Ms.
Schuett noted that an effort must be made to approach the School Board to take action involving the
neighbouring schools. She recommended that the City take the developers money for the closure and
stated that she did not think taxpayers would like to see their tax money spent to install traffic calming
measures on Heritage Drive.
Mr. Darwin Witmer, 436 Heritage Drive, appeared as a delegation and advised that he was totally
opposed to what has transpired at this meeting and that he was not sure Council understood the
residents arguments. Mr. Witmer pointed out that no other street in the City had a statement in its plans
concerning a future closing and indicated he could not understand Council telling its citizens that Council
commitments do not matter. Mr. Witmer commented that with the closure traffic problems were not
significant and that nothing factual has been established to warrant the road being re -opened. He noted
that the only thing that has changed is that Lackner Boulevard has opened. He stated that the proposal
to institute traffic calming measures on Heritage Drive in its own way acknowledges the past commitment
of the City with regard to the unique situation of Heritage Drive. Mr. Witmer stated that residents were
prepared to look at alternative solutions but in reality it was his view that Council should honour the past
City commitment on the basis that nothing has changed.
Councillor M. Yantzi commented that he felt there had been substantial changes to warrant Heritage
Drive being opened and some of these include: the locating of the community centre and swimming pool
at Heritage Drive and Ottawa Street, re -zoning and development of the Superfresh Plaza and overall
traffic considerations within the community, all of which represents substantial change to what was
envisaged some 20 years ago.
Moved by Councillor C. Weylie
Seconded by Councillor J. Ziegler
That clause 12 of the report of the Planning and Economic Development Committee of this date be
adopted.
Moved by Councillor G. Leadston
Seconded by Councillor J. Ziegler
That clause 12 of the report of the Planning and Economic Development Committee be amended
so as to instruct staff not to remove the by-law closing Heritage Drive until measures for traffic
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APRIL 25, 1994 -134- CITY OF KITCHENER
calming are designed and put in place and traffic calming measures presented to the Planning and
Economic Development Committee for approval and public input before Heritage Drive is re-
opened. And further that Heritage Drive be re -opened as of September 1, 1994.
Councillor J. Smola questioned if phase-in of the traffic calming measures was a possibility and how it
would be prioritized. Mr. T. McKay advised that the decision on this depends on the magnitude of the
cost of traffic calming measures.
In reference to the comments of the delegations on the issue of nothing changing in the community to
warrant re -opening, Councillor J. Ziegler commented that steps were taken to determine if the closure
was acceptable to the broader community. He noted that people's expectations have changed respecting
traffic and with the road closed the community response to this situation was a negative one resulting in
some streets taking traffic that was never planned. In his view, he stated that the original proposal for
closing the road constituted bad subdivision planning.
The amendment of Councillor Leadston to the motion of Councillor C. Weylie was put to a recorded vote.
In Favour: Councillors C. Zehr, J. Ziegler, C. Weylie, M.
Yantzi, J. Smola, G. Leadston, G. Lorentz, M. Wagner, T.
Galloway and B. Stortz.
Contra: Mayor D.V. Cardillo.
Motion Carried.
The main motion of Councillor C. Weylie, as amended, was then put to a recorded vote and it was
resolved:
"That Heritage Drive be permanently re -opened, and further,
That Council instruct staff not to remove the by-law closing Heritage Drive until measures for traffic
calming are designed and put into place and that traffic calming measures shall be presented to
Planning Committee for approval and public input before Heritage Drive is re -opened, and further,
That the official re -opening date be September 1, 1994."
Councillors C. Zehr, J. Ziegler, C. Weylie, M. Yantzi, J. Smola, G. Leadston, G. Lorentz, M. Wagner, T.
Galloway and B. Stortz voted in favour of the motion while Mayor D.V. Cardillo voted in the negative.
Councillor M. Wagner questioned how the issue of traffic calming would be dealt with and how residents
would be informed.
Moved by Councillor M. Wagner
Seconded by Councillor G. Leadston
That staff prepare a comprehensive report on traffic calming measures dealing with examples and
benefits and consider the measures in relation to use of the street by cars, cyclists and
pedestrians. And further that Heritage Drive residents be informed with regard to this matter.
Carried.
Councillor C. Zehr referred to a memorandum received from Mr. D. Snow which provided a copy of
minutes of the Waterloo County Board of Education meeting of Monday, April 18, 1994 wherein the Board
resolved to support re -opening of Heritage Drive. Also noted within the minutes was a reference to a
$1,500 budget allocation for a bus bay at Crestview Public School and a notation that the Board would be
requesting the we contribute one-half of the cost. Councillor Zehr stated that the issue at the School was
not the City's problem and that the City should voice its objection and request the Board to develop a
solution on School property that solves the traffic problem caused by the School.
Moved by Councillor C. Weylie
Seconded by Councillor J. Ziegler
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APRIL 25, 1994 -135- CITY OF KITCHENER
That the report of the Planning and Economic Development Committee of Council of this date be
adopted.
Council was in receipt of Planning and Development Committee Staff Report PD 94/41 requesting that an
additional recommendation be added to clause 2 of the report.
On motion by Councillor C. Weylie, seconded by Councillor J. Ziegler, it was agreed to amend clause 2
of the report so as to add the following recommendation as item (f):
"f) That the section of existing Woolner Drive between Street Six in Plan of Subdivision 30T-
86028 (Fairway Crescent) and Fairway Road be renamed "Fairway Crescent" and staff be
directed to prepare the necessary By-law and legal advertisements required to change the
name and undertake any required change to municipal numbers to buildings located within
that section of street."
Councillor B. Stortz referred to clause 7 of the report dealing with the Wagon Wheel Flea Market at 75
Ardelt Place and questioned the implications for zoning and licensing. Mr. T. McCabe advised that the
zoning sets out a maximum time vendors could operate and it was intended they would not turn the
property into a retail facility. Mr. R.W. Pritchard advised that he would report to Council on the matter of
licensing as it relates to the issue of hawkers and pedlars. Councillor B. Stortz stated that he wanted
clarification that the proposal was not introducing retail uses into industrial parks. Mr. T. McCabe advised
that the proposal was seen as a small precedent to allow a little commercial and that staff do not
encourage full fledged retailing that would turn industrial areas into commercial areas.
The report was then put to a vote.
Voted on clause by clause.
Clauses 1 & 11 - Dealt with under Delegations and Carried.
Clause 2 - Carried (As Amended).
Clauses 8 & 12 - Dealt with under Delegations and Carried, as
amended.
Clause 10 - Dealt with under Delegations and action deferred
and referred to the May 9, 1994 Council meeting so as to allow
planning staff to hold a meeting with residents and the
developer to clarify information pertaining to the proposed
development.
Balance of report - Carried.
Recorded conflict of interest and abstention:
Clause 4 - Councillor M. Yantzi as 384-402 Queen Street
South is located in the vicinity of his personal residence.
2. Moved by Councillor G. Lorentz
Seconded by Councillor C. Zehr
That the report of the Community Services Committee of this date be adopted.
Councillor C. Zehr indicated that staff had expressed concern with clause 4 which referred to all bookings
for all city -owned facilities being done through one source and his intent had been to result in less
confusion respecting the booking of facilities within City Hall. Mr. R.W. Pritchard advised that a full report
on public use of City Hall and bookings was considered by Management Committee and with a revised
system and software there would be one computer source that would allow for bookings from three
different locations. Mr. T. McKay commented that the proposed system was a more convenient system
for the public. On motion by Councillor C. Zehr, seconded by Councillor T. Galloway, it was agreed to
amend clause 4 so as to delete reference to all bookings for all city -owned facilities being done through
one source.
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APRIL 25, 1994 -136- CITY OF KITCHENER
In reference to clause 1 of the report, Councillor M. Wagner pointed out that sports events bring
considerable financial benefits to the community and justify some expenditure to obtain such events.
The report was then put to a vote.
Voted on clause by clause.
Clause 4 - Carried (as amended).
Clause 5 - Dealt with under Delegations and Carried.
Balance of report - Carried.
3. Moved by Councillor C. Zehr
Seconded by Councillor B. Stortz
That the report of the Finance and Administration Committee of this date be adopted.
Notice of Special Council Meeting
Carried.
Recorded Conflict of Interest and Abstention:
Clause 3 - Councillor J. Smola as a relative is employed by the
Kitchener Fire Department.
At this point Councillor C. Zehr gave notice that Mayor D.V. Cardillo had agreed to call a special Council
meeting for Friday, April 29 at 8:30 a.m. for the purpose of dealing with the 1994 mill rate by-law.
4. Moved by Councillor J. Smola
Seconded by Councillor M. Wagner
That the report of the Public Works and Transportation Committee of this date be adopted.
Councillor J. Smola advised that he was in receipt of a letter from Mr. Stephen Code requesting that
Council defer ratification of clause 1 of the report until its meeting of May 9 so as to allow him to address
Council on the matter.
The report was then put to a vote.
Voted on clause by clause.
Clause 1 - Action deferred and referred to the May 9, 1994
Council meeting for consideration.
Balance of report - Carried.
Recorded Conflict of Interest and Abstention:
Clause 9 - Councillor G. Lorentz as he is employed by Canada
Post.
NOTICE OF MOTION
Councillor M. Yantzi, on behalf of Mayor D.V. Cardillo gave Notice that at the May 9, 1994 Council
meeting he would introduce a Motion for Reconsideration with regard to Council's decision on a grant
request regarding CKWR for use of Victoria Park Pavilion.
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APRIL 25, 1994 -137- CITY OF KITCHENER
Mr. S. Klapman advised that this was his last Council meeting before his retirement as Commissioner of
Planning and Development. He commented that he was leaving with the department in good shape and
it was his hope that the existing strong Staff/Council relations would be maintained. He offered best
wishes to Council in exercising its planning visions for the future of the City. Councillor C. Weylie
expressed appreciation of City Council for the legacy Mr. Klapman was leaving behind, indicated that his
leadership would be missed and extended best wishes in his retirement.
Mr. T. Clancy presented Mayor D.V. Cardillo with a cheque in favour of the City in the amount of $87,000
from the Green Streets Canada National Community Tree Foundation for tree planting throughout the
City. A Recognition Award recognizes the City's contribution, dedication and leadership in the promotion
and protection of Canada's urban forests achieved through the City's heavy involvement with community
groups. He noted that the funding received would extend the City's Tree Planting Programs even further.
At the request of Mr. R.W. Pritchard, Council consented to the addition of three by-laws to the agenda for
three readings this date. The first by-law would amend the Municipal Code with respect to Fireworks and
Firecrackers and the second and third by-laws amend By-laws 4830 and 85-1 relating to Zone Change
Application 89/37/K/CL respecting the lands of Hallman Rosedale Limited.
5. Moved by Councillor J. Ziegler
Seconded by Councillor G. Lorentz
That leave be given the Mover and Seconder to introduce the following by-laws, namely:
(a) Being a by-law to close and sell Part of Biehn Drive (as now known) shown as Parts 4, 5, 6,
7, 8, 9, 10, 11, 12, 13 and 14, Plan 58R-8604 in the City of Kitchener
(b) Being a by-law to amend Chapter 501 of The City of Kitchener Municipal Code regarding
Licence - Fees)
(c) Being a by-law to amend Chapter 586 of The City of Kitchener Municipal Code with respect
to Refreshment Vehicles
(d) Being a by-law to amend By-law No. 88-169, being a by-law to regulate, supervise and
govern the parking of vehicles on municipal off-street parking facilities
(e) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of
motor vehicles on private property
(f) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire
routes and to prohibit parking thereon
(g) Being a by-law to amend By-law No. 88-172 being a by-law to authorize certain on -street
and off-street parking of vehicles for use by physically handicapped persons, and the
issuing of permits in respect thereof
(h) Being a by-law to adopt Amendment No. 167 to the Official Plan
(i) Being a by-law to amend By-law 85-1 - Wagon Wheel Flea Market - Ardelt Place - No.
93/23/A/LM
(j) Being a by-law to amend By-law 4830 known as the Zoning By-law - Ivan Paroski -
Rosemount Drive - No. 93/17/R/VL
(k) Being a by-law to amend By-law 85-1 - Alpine Investments Limited - Block Line Road and
Homer Watson Boulevard - No. 90/05/B/ZJ
(1) Being a by-law to provide for the widening of part of Hofstetter Avenue as a public highway
in the City of Kitchener
(m) Being a by-law to provide for the establishing and laying out of part of Tagge Street as a
public highway in the City of Kitchener
(n) To confirm all actions and proceedings of the Council
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APRIL 25, 1994 -138- CITY OF KITCHENER
(o) Being a by-law to exempt certain lots from Part Lot Control - Lots 32, 33, 34, 35, 45, 46, 47
and 48, Registered Plan 1441 - Uxbridge Crescent
(p) Being a by-law to amend Chapter 680 of The City of Kitchener Municipal Code regarding
Signs
(q) Being a by-law to licence Fireworks Vendors and those providing sale premises
(r) Being a by-law to amend By-law 85-1 known as the Zoning By-law - City of Kitchener
Schneider Avenue, Kent Avenue, Gildner Avenue and Queen Street South - No.
94/03/TC/CL
(s) Being a by-law to amend Chapter 739 of The City of Kitchener Municipal Code with respect
to Fireworks and Firecrackers
(t) Being a by-law to amend By-law 4830 known as the Zoning By-law - Hallman Rosedale
Ltd. - Lackner Boulevard/Keewatin Avenue Extension - No. 89/37/K/CL
(u) Being a by-law to amend By-law 85-1 known as the Zoning By-law - Hallman Rosedale Ltd.
- Lackner Boulevard/Keewatin Avenue Extension - No. 89/37/K/CL
and that the same be taken as read a first time and stand referred to the Committee of the Whole.
Carried.
Recorded Conflict of Interest and Abstention:
Item (r) - Councillor M. Yantzi as 384-402 Queen Street South
is located in the vicinity of his personal residence.
On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor
D.V. Cardillo appointed Councillor G. Leadston as chairman.
On motion, the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the
chair.
6. Moved by Councillor G. Leadston
Seconded by Councillor M. Yantzi
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.
7. Moved by Councillor J. Ziegler
Seconded by Councillor G. Lorentz
That the by-laws listed on the agenda for third reading, namely:
(a) Being a by-law to amend Chapter 501 of The City of Kitchener Municipal Code regarding
Licence - Fees)
(By-law No. 94-60)
(b) Being a by-law to amend Chapter 586 of The City of Kitchener Municipal Code with respect
to Refreshment Vehicles
(By-law No. 94-61)
(c) Being a by-law to amend By-law No. 88-169, being a by-law to regulate, supervise and
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APRIL 25, 1994 -139- CITY OF KITCHENER
govern the parking of vehicles on municipal off-street parking facilities
(By-law No. 94-62)
(d) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of
motor vehicles on private property
(By-law No. 94-63)
(e) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire
routes and to prohibit parking thereon
(By-law No. 94-64)
(f) Being a by-law to amend By-law No. 88-172 being a by-law to authorize certain on -street
and off-street parking of vehicles for use by physically handicapped persons, and the
issuing of permits in respect thereof
(g) Being a by-law to adopt Amendment No. 167 to the Official Plan
(By-law No. 94-65)
(By-law No 94-66)
(h) Being a by-law to amend By-law 85-1 - Wagon Wheel Flea Market - Ardelt Place - No.
93/23/A/LM
(By-law No. 94-67)
(i) Being a by-law to amend By-law 4830 known as the Zoning By-law - Ivan Paroski -
Rosemount Drive - No. 93/17/R/VL
(By-law No. 94-68)
(j) Being a by-law to amend By-law 85-1 - Alpine Investments Limited - Block Line Road and
Homer Watson Boulevard - No. 90/05/B/ZJ
(By-law No. 94-69)
(k) Being a by-law to provide for the widening of part of Hofstetter Avenue as a public highway
in the City of Kitchener
(By-law No. 94-70)
(1) Being a by-law to provide for the establishing and laying out of part of Tagge Street as a
public highway in the City of Kitchener
(By-law No. 94-71)
(m) To confirm all actions and proceedings of the Council
(By-law No. 94-72)
(n) Being a by-law to exempt certain lots from Part Lot Control - Lots 32, 33, 34, 35, 45, 46, 47
and 48, Registered Plan 1441 - Uxbridge Crescent
(By-law No. 94-73)
(o) Being a by-law to amend Chapter 680 of The City of Kitchener Municipal Code regarding
Signs
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APRIL 25, 1994 -140- CITY OF KITCHENER
(By-law No. 94-74)
(p) Being a by-law to licence Fireworks Vendors and those providing sale premises
(By-law No. 94-75)
(q) Being a by-law to amend By-law 85-1 known as the Zoning By-law - City of Kitchener
Schneider Avenue, Kent Avenue, Gildner Avenue and Queen Street South - No.
94/03/TC/CL
(By-law No. 94-76)
(r) Being a by-law to amend Chapter 739 of The City of Kitchener Municipal Code with respect
to Fireworks and Firecrackers
(By-law No. 94-77)
(s) Being a by-law to amend By-law 4830 known as the Zoning By-law - Hallman Rosedale
Ltd. - Lackner Boulevard/Keewatin Avenue Extension - No. 89/37/K/CL
(By-law No. 94-78)
(t) Being a by-law to amend By-law 85-1 known as the Zoning By-law - Hallman Rosedale Ltd.
- Lackner Boulevard/Keewatin Avenue Extension - No. 89/37/K/CL
(By-law No. 94-79)
be taken as read a third time, be finally passed and numbered serially by the Clerk.
Carried.
Recorded Conflict of Interest and Abstention:
Item (q) - Councillor M. Yantzi as 384-402 Queen Street South
is located in the vicinity of his personal residence.
On motion, the meeting adjourned.
.......................................................................................................................................
MAYOR CLERK
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE -
1. That the Sign By-law be amended to allow the use of inflatable signs on a six (6) month trial basis
and the proposed regulations be considered by the Planning and Economic Development
Committee at its May 2nd meeting.
(Dealt with under delegations and Carried.)
2. a) That the following proposed street names be approved for Plan of Subdivision 30T-86028
(I.C.I. Realty Ltd.):
Street One
- Briarmeadow Drive
Street Two
- Briarfield Street
Street Three
- Idle Creek Drive
Street Four -
Briarfield Court
Street Five -
Fairway Court
Street Six -
Fairway Crescent
Street Seven
- Morrison Road
b) That the following proposed street names be approved for Plan of Subdivision 30T-89011
(Old Chicopee Estates):
Street A -
Briarmeadow Drive
Street B -
Idle Creek Drive
Street C
- Breckwood Place
Street D
- Briarmeadow Place
Street E -
Wrenwood Place
Street F -
Briarmeadow Crescent
Street G
- Ardwood Place
Street H
- Branwood Place
c) That the following proposed street names be approved for Plan of Subdivision 30T-89017
(Kitchener - Chicopee Properties Ltd.):
Street A -
Briarmeadow Drive
Street B -
Idle Creek Drive
Street C
- Tisdale Court
Street D
- Sandwell Court
Street E -
Lynn Court
d) That the section of existing Old Chicopee Drive between future Daimler Drive and future
Fairway Road be renamed "Old Chicopee Trail" and staff be directed to prepare the
necessary By-law and legal advertisements required to change the name and undertake any
required change to municipal numbers to buildings on that section of street.
e) That the section of existing Old Chicopee Drive between Street Seven in Plan of Subdivision
30T-86028 and Morrison Road be renamed "Morrison Road" and staff be directed to prepare
the necessary By-law and legal advertisements required to change the name and undertake
any required change to municipal numbers to buildings located within that section of street.
f) That the section of existing Woolner Drive between Street Six in Plan of Subdivision 30T-
86028 (Fairway Crescent) and Fairway Road be renamed "Fairway Crescent" and staff be
directed to prepare the necessary By-law and legal advertisements required to change the
name and undertake any required change to municipal numbers to buildings located within
that section of street.
(As Amended)
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT -D)
3. That we endorse the following modifications to Official Plan Amendment 150 proposed by the
Regional Municipality of Waterloo as outlined:
Modification No.1
Part 9 of the Amendment is modified by deleting the second sentence of Policy 12.i) and replacing
it with the following:
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REPORTS ADOPTED BY COUNCIL
"The Regulatory Floodline defines the limits of the flood plain and is calculated using the
Hurricane Hazel storm centred event of 1954 as the flood standard."
Modification No. 2
Part 9 of the Amendment is modified by renumbering existing Policies 12.viii) through 12.xxiii) as
12. ix) through xxiv).
Modification No. 3
Part 9 of the Amendment is modified by adding the following new Policy 12.viii):
"12.viii) Notwithstanding Policies 12.x) and 12.xv) all proposed Trunk, Primary and Secondary
Roads whose general alignment is shown on Map 2, "Flood Plain and Environmental
Areas" shall be permitted within the flood plain."
Modification No. 4
Part 9 of the Amendment is modified by adding the phrase "...roads that appropriate planning
studies have determined must be located in the flood plain;..." to renumbered Policy 12.x) so that it
reads as follows:
"12.x) No new development shall be permitted in a One -Zone Policy Area designation
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 with the
exception of those uses specifically prohibited by Policy IV.12.iv); roads that appropriate
planning studies have determined must be located in the flood plain; and buildings
operated by a public authority that are normally associated with the proper management
of the natural environment."
Modification No. 5
Part 9 of the Amendment is modified by adding the phrase "... and roads that appropriate planning
studies have determined must be located in the flood plain;..." to renumbered Policy 12.xv) so that
it reads as follows:
"12.xv) Development in the flood fringe will be restricted to infilling, redevelopment or
replacement of existing buildings or structures, and major additions or alterations to exist-
ing 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. With
the exception of those uses specifically prohibited by Policy IV.12.iv), public and private
works which must locate in the flood plain by nature of their use and roads that
appropriate planning studies have determined must locate in the flood plain shall be
permitted in both the flood fringe and the floodway. With the exception of consents for
mortgage purposes or to subdivide existing dwellings, no new land severances will be
permitted in the floodway portion of the flood plain."
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT -D)
3. (Cont'd)
Modification No. 6
Part 10 of the Amendment, "Section V.10 "Plan for Land Use - Major Open Space" is modified by
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APRIL 25, 1994 -143- CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
adding the phrase "...,except a gas bar or automobile service station,..." to the fifth sentence of the
third paragraph so that it reads as follows:
"A permitted use within a Convenience Commercial or Neighbourhood Commercial Plaza may
change to any other permitted use within the same designation, except a gas bar or automobile
service station, without a Zone Change."
Modification No. 7
Schedule "B" of the Amendment, "Amendment to Map No. 2 of the Official Plan -Flood Plain and
Environmental Areas" is modified by extending the limits of the Two -Zone Flood Plain Policy Area
designation applied to the Business Park lands located at Victoria Street North and the Grand
River as shown on Map 1 attached.
Modification No. 8
Schedule "B" of the Amendment, "Amendment to Map No. 2 of the Official Plan -Flood Plain and
Environmental Areas" is modified by adding the approved storm sewer and storm water
management facility for the Freure/Voisin lands on Ottawa Street South as a One -Zone Flood
Plain Policy Area as shown on Map 2 attached.
Modification No. 9
Schedule "B" of the Amendment, "Amendment to Map No. 2 of the Official Plan -Flood Plain and
Environmental Areas" is modified by changing the designation of the flood plain for the reach of
Schneider Creek in Lower Doon located between Homer Watson Boulevard and the Grand River
as a One -Zone Flood Plain Policy Area instead of a Two -Zone Flood Plain Policy Area.
4. That Zone Change Application 94/3/TC/CL (City of Kitchener) be approved, without conditions, in
the form shown in the attached "Proposed By-law" dated March 22, 1994 representing
housekeeping amendments to By-law 94-1 as follows:
(a) To change the zoning from Residential Five Zone (R-5) to Commercial Residential Three
Zone (CR -3) on the rear portion of 27 Schneider Avenue;
(b) To change the zoning from Residential Five Zone (R-5) to General Industrial (M-2) Zone on
161, 165, and 169 Kent Avenue;
(c) Amending Schedule No. 78 of Appendix "A" by applying thereto Special Regulation
Provision 138R to 11 - 13 Gildner Avenue;
(d) Amending Schedule No. 78 of Appendix "A" by applying thereto Special Regulation
Provision 139R to 15 Gildner Avenue;
(e) Amending Appendix "A" by adding Special Regulation Provision 163 to 384 - 402 Queen
Street South.
It is the opinion of this Committee that the approval of this application is proper planning for the
City.
5. That the Development Division be directed to cover the costs of an application to the Committee of
Adjustment from revenue of the Compliance Letters account for the property municipally known as
556 King Street East, which was rezoned under Stage 6 - By-law 94-1.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT -D)
6. A) That the Valleyview Road - Howe Drive Community Plan be revised by adding the following
policy:
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REPORTS ADOPTED BY COUNCIL
"3.2.7 That notwithstanding the Multiple Residential (40 uph) designation on the lands
described as part of Lot 48, G.C.T., municipally addressed as 34 Howe Drive, the
development of single detached dwellings and semi-detached dwellings shall also be
permitted."
It is the opinion of this Committee that the approval of this revision to the Community Plan is
proper planning for the City.
B) That Zone Change Application 93/20/H/ZJ (William O'Neill for Roy & Bernetta Wettlaufer)
requesting a change in zoning from Agricultural (A) according to Township of Waterloo By-
law 878A to Semi -Restricted Residential (R2B) with special regulations, and Park, Public
Open Space (P) according to By-law 4830 on Part of Lot 48, German Company Tract, be
approved, in the form shown in the proposed By-law attached, dated March 1, 1994, subject
to the following conditions being satisfied prior to any readings of the Amending Zoning By-
law by Council.
1. That the amending zoning by-law not receive three readings until the revision to the
Valleyview Road - Howe Drive Community Plan is approved by the Regional
Municipality of Waterloo.
2. The Owner acknowledges that Condition 1 hereof is required to be satisfied no later
than seven (7) months from the date of Council having approved by resolution, the
amending zoning by-law relative to Zone Change Application ZC 93/20/H/ZJ. In the
event this requirement is not satisfied 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.
C) That the Department of Parks and Recreation be authorized to spend money from the Parks
Trust Fund to acquire land along the rear of the Wettlaufer property, for community trail link
purposes above the required 5% Park dedication.
7. A. That the Official Plan Amendment (Wagon Wheel Flea Market - 75 Ardelt Place) listed herein
and the by-law implementing same be approved, namely:
SECTION 4 - THE AMENDMENT
The Official Plan for the City of Kitchener is hereby Amended as follows:
1. Section V.9.(A), "General Industrial" is amended by adding the following new sentence
to the end of the fourth paragraph:
"Exhibition display facilities shall be permitted in General Industrial areas provided
adequate parking is available in accordance with Zoning By-law requirements."
2. Section V.9.(B), "Heavy Industrial" is amended by adding the following new sentence tot
he end of the third paragraph:
"Exhibition display facilities shall be permitted in Heavy Industrial areas provided
adequate parking is available in accordance with Zoning By-law requirements."
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT -D)
7. (Cont'd)
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APRIL 25, 1994 -145- CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
SECTION 5 - IMPLEMENTATION AND INTERPRETATION
The provisions of the Official Plan of the City of Kitchener regarding the implementation and
interpretation of that Plan shall apply to this Amendment.
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.
B. That, Zone Change Application 93/23/A/LM (Wagon Wheel Flea Market - 75 Ardelt Place)
requesting a change in zoning by adding a new Special Use Provision to permit exhibition
facility on lands zoned Heavy Industrial Zone (M-4) be approved in the form shown in the
Proposed By-law attached, dated March 11, 1994 without conditions.
It is the opinion of this Committee that the approval of this application is proper planning for
the City and is in conformity with a recommended Amendment (Wagon Wheel Flea Market -75
Ardelt Place) to the City's Approved Official Plan.
8. That Council approve Condominium Conversion Application CD/94/001 subject to the Owners
entering into an Agreement under Section 12(1) of the Rental Housing Protection Act, which shall
be executed and registered against the title to the lands at 100 Breckenridge Drive as part of any
subsequent condominium agreement. The Agreement shall contain the following conditions:
a) The Owners agree to supply the City's Housing Division with a list of the names and
addresses of all the tenants who occupy the residential units which now exist upon the subject
lands, hereinafter called the "Existing Units", as of the date Council's approval of this
Agreement under the Rental Housing Protection Act. Further, the Owners shall supply the
City's Housing Division with the names and addresses of any new tenant who commences to
occupy an Existing Unit between the date of Council's approval of the Agreement and the date
of registration of the final plan of condominium. All tenants referred to above are hereinafter
called "the Tenants".
b) The Owners agree to give notice to the Tenants of their rights under the terms of the
Agreement, within 30 days following the date of registration of the final plan of condominium,
by providing them with a copy of this agreement and by filing proof of notification with the
City's Housing Division, either by a sworn affidavit of service or by a copy of this agreement
signed by the Tenant as acknowledgement of receipt.
c) This agreement shall confer no rights whatsoever upon any new tenant who enters into a
lease agreement with the Owners and occupies an Existing Unit after the date of registration
of the final plan of condominium (hereinafter called a "Post -Registration Tenant"). The
Owners shall give notice of this agreement to all Post -Registration Tenants, at the time they
enter into their leases, and provide proof of notification to the Housing Division, either by a
sworn affidavit of service or by a copy of this agreement signed by such tenants as
acknowledgement of receipt, following which such tenants shall be deemed to have notice that
they do not have any rights under this agreement.
d) The Owners agree that, in the event a Tenant wishes to continue to rent and occupy his or her
Existing Unit, or to rent it until such time as he or she might exercise his or her right to
purchase, the following conditions apply:
The Tenant shall be entitled to continue to rent the unit which he or she is currently
renting and occupying for a period of up to five years following the date of registration of
the final plan of condominium (herein after called the "Five Year Rental Period").
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8. d) (Cont'd)
Throughout the Five Year Rental Period, the applicable rent for a given unit shall not
exceed the lawful maximum rent which could be charged for that rental unit under the
Residential Rent Regulation Act, R.S.S 1990, c. R.29, as amended (hereinafter called
the "RRR Act") and any increases to that rent throughout the Five Year Rental Period
shall be subject to the RRR Act.
At the Tenant's discretion, the Owners and Tenant shall enter into a lease, leases,
renewal or renewals for all or part of the Five Year Rental Period for such term or terms
as is agreed to from time to time by the Tenant and the Owners, provided that the total
term thereof does not exceed the Five Year Rental Period.
The Owners agree to supply the City's Housing Division with an executed copy of the
lease, and any subsequent renewals thereof during this five year period.
e) The Owners shall provide the Tenant or Tenants occupying an Existing Unit with the right of
first refusal to purchase it during the Five Year Rental Period. To establish that a Tenant has
foregone or waived his or her right of first refusal to purchase, the Owners shall provide the
Housing Division with a written waiver of such right executed by the Tenant, witnessed and
dated subsequent to the date of registration of the final plan of condominium. If, at any time
during the Five Year Rental Period, the Owners receive a bona fide, arms length offer to
purchase an Existing Unit which the Owners are willing to accept and if the Tenant or Tenants
or such unit have not waived their rights of first refusal to purchase, the Owners shall notify the
Tenant or Tenants of such unit by providing them with a true copy of the offer to purchase and
the Tenant or Tenants shall have the right, during the thirty days immediately following the
receipt thereof, to purchase the unit by delivering to the Owners a signed offer to purchase for
the price and upon the terms and conditions contained in the original offer, which the Owners
shall accept immediately. The Owners shall provide proof of notification to the City's Housing
Division, either by a sworn affidavit or service or by a copy of the original offer to purchase
signed by the Tenant as acknowledgement of receipt. If the Tenant or Tenants do not deliver
an offer to purchase to the Owners within thirty days, the Tenant or Tenants shall be deemed
not to have exercised the right of first refusal, and the Owners may accept the original offer to
purchase. If for any reason the Tenant or Tenants do not exercise the right of first refusal and
the Owners do not complete the offer to purchase which had been received, the right of first
refusal of the Tenant or Tenants shall continue in effect.
f) The Owners agree to engage the services of a consultant with qualifications acceptable to the
City's Chief Building Official, to conduct a building audit to establish the physical condition of
the structure, prior to draft approval of any plan of condominium on the lands, and to file the
results of the building audit with the City of Kitchener Planning Department. The Owners shall
correct, to the satisfaction of the Chief Building Official, any health and safety deficiencies
uncovered in the audit which relate to the Building Code or the City's Property Standard By-
law and, upon correction, the City's Chief Building Official will notify the Owners in writing that
the deficiencies have been corrected to his satisfaction.
g) Prior to the sale of any of the Existing Units, the Owners shall notify potential purchasers that
the results of the building audit are available for their consideration.
h) If a term of this Agreement is inconsistent with the rights conferred upon the Owners or a
Tenant under the Rental Housing Protection Act, the Residential Rent Regulation Act or the
Landlord and Tenant Act, R.S.O. 1990, c. L.7, as amended, the provisions of the aforesaid
statues are deemed to apply.
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, As Amended)
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9. That Zone Change Application 93/17/RNL (Ivan Paroski) requesting a change in zoning from
General Residential (R3) and Semi -Restricted Residential (R2) to Semi -Restricted Residential (R2)
with an extension of use and a special regulation on Part of Lot 148 Plan 773 described as Part 2
and 3 Plan 58R-8719, be approved in the form shown in the Proposed By-law attached dated
January 7, 1994, as revised dated April 12, 1994, without conditions.
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.
10. A. That the "Grand River North Community Plan" be revised as follows:
a) That a new section be added to the Grand River North Community Plan immediately
following the existing section 3.9 as follows:
3.10 "Neighbourhood Institutional"
3.10.1 That Neighbourhood Institutional uses be located as shown on Map A. This
allows such uses as schools, churches, day care, small residential care
facilities, and one and two family residential.
3.10.2 That despite the designation of Neighbourhood Institutional on lands located on
the east side of the Keewatin Avenue extension adjacent to the Open Space
area, low rise multiple residential shall also be permitted in order to encourage
maximum retention of the existing trees.
b) "That Map "A", Grand River North Community: Secondary Plan, be revised to
redesignate a 2.2 hectare parcel of land from "Low Density Residential" to
"Neighbourhood Institutional" as shown on the map attached."
It is the opinion of this Committee that the approval of this revision to the Community Plan is
proper planning for the City.
B. That Zone Change Application 89/5/F/CL requesting a change in zoning from Township
Agriculture (Twp. A.) and Gravel Pit (Twp. GP) according to By-law 878A and Semi -
Restricted Residential (R2B) according to By-law 4830 to Restricted Residential (R2A) with
special regulations and Semi -Restricted Residential (R2B) with a restriction of use and
special regulations, and Park, Public Open Space (P) according to By-law 4830; and
Neighbourhood Institutional (1-1) with a special use provision and Hazard Land (P-3)
according to By-law 85-1, on Part of Lot 121, German Tract Company, be approved in the
form shown in the "Proposed By-laws, both attached dated March 23, 1994 subject to the
Subdivision Conditions contained in recommendation C):
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.
C. That Subdivision Application 30T-89003 (Forwell Ltd.) be recommended to the Regional
Municipality of Waterloo for draft approval, subject to the following conditions:
1. That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as
approved by City Council embracing those lands shown outlined on the attached Plan of
Subdivision and that the following special conditions be written therein.
The Subdivider covenant and agrees:
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PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT -D)
10. (Cont'd)
50. That the final plans for registration purposes shall be prepared in accordance with the
attached Plan of Subdivision dated 93 06 16 providing that minor amendments to said
plans, acceptable to the Commissioner of Planning and Development and not affecting the
numbering of lots or blocks may be permitted without an amendment to this agreement.
51. The Subdivision may be registered in three (3) stages, with Stage 1 consisting of Lots 1 -
45 both inclusive and Blocks 45 - 74 both inclusive; Stage 2 shall consist of Blocks 1 - 3
inclusive and Stage 3 shall consist of Block 1 all as shown on the Plan of Subdivision
attached hereto.
52. To submit a Lot Grading and Drainage Control Plan for the approval of the Commissioner
of Public Works, in consultation with the City's Department of Parks and Recreation, the
Regional Municipality of Waterloo, the Grand River Conservation Authority, and the
Ministry of Natural Resources, with the same plan to be approved by those affected
agencies prior to registration of each stage of the Subdivision Plan.
53. That prior to any grading or construction on the site to submit for the approval of the
Commissioner of Public Works, in consultation with the City's Department of Parks and
Recreation, the Regional Municipality of Waterloo, the Grand River Conservation Authority,
and the Ministry of Natural Resources, a detailed engineering design for storm water
management in accordance with the approved concept plan. Said engineering design shall
include an erosion and siltation control plan indicating the means whereby erosion will be
minimized and silt maintained on-site throughout all phases of grading and construction.
The Subdivider further agrees to implement all required measures as outlined in the
approved final design.
54. That the street names of the Streets within the entire Plan of Subdivision shall be approved
by City Council prior to any registration of the subdivision plan, which shall include
approval, in principle, by Council of the renaming of Forwell Road from the northerly limit of
this Plan of Subdivision to its' terminus south of Ottawa Street North.
55. To convey to the City of Kitchener the following lands for the purposes stated therein, at no
cost and free of encumbrance, concurrently with the registration of Stage 1 of the
subdivision plan:
a) Block 65 for storm water management purposes;
b) Blocks 69 - 74 for 0.3 metre reserves. Should Draft Plan of Subdivision 30T-89021 be
registered immediately consecutive with this plan, the 0.3 metre reserve Block 69
shall not be required;
c) Block 64 for hazard lands.
56. To convey to the City of Kitchener, free of encumbrance, Block 63 for park purposes. That
as part of the conveyance of Block 63 to the City, the City of Kitchener agrees to pay to the
Subdivider market value for the lands over and above the 5% park dedication as required
under The Planning Act being the amount of 0.41 hectares. The City will purchase the
excess parkland through the Park Trust Fund Account at the fair market value to be
determined by the City's Land Purchasing Officer and agreed to by the Subdivider. The
City shall pay the Subdivider the required value at the time of the release of Stage 1 of the
Plan of Subdivision for registration.
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PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT -D)
10. (Cont'd)
57. To dedicate, by plan registration, to the City of Kitchener the following lands for the
purposes stated therein:
a) Blocks 66 and 67 (Stage 1) for public walkway purposes;
b) Block 68 (Stage 1) as a road widening for Street One (Forwell Road).
58. To construct 1.5 metre concrete sidewalks along both sides of Street One (Forwell Road),
Keewatin Avenue and Street Two; the southerly side of Street Four to connect to the trail
within Block 63, and the northwesterly side of Street Five to Street One.
59. The Subdivider agrees to install a boundary identification system along the lot lines which
abut Blocks 63 and 64 (Stage 1) at such time required by and to the satisfaction of the
General Manager of Parks and Recreation. Further, the Subdivider agrees to include a
statement advising of the fencing and marking system requirement in all Offers to Purchase
and Agreements of Purchase and Sale for the Blocks and Lots affected by this clause.
60. That construction traffic to and from the proposed subdivision shall be restricted to
Keewatin Avenue to Lackner Boulevard or prior to the opening of Keewatin Avenue
construction traffic shall use Victoria Street to Forwell Road provided appropriate measures
are taken to prevent through traffic southerly on Forwell Road. All construction traffic shall
be prohibited from using internal residential streets in the existing community. The
Subdivider agrees to advise all relevant contractors, builders and other persons of this
requirement with the subdivider being responsible for any signage, where required, all to
the satisfaction of the Director of Traffic and Parking Services.
61. In consideration of the wooded character of portions of this Subdivision and the City's
desire to minimize the impact of development on certain treed areas worth saving, the
Subdivider agrees to comply with the following two-step process in the development of the
subdivision.
a) Prior to the City releasing each stage of the Subdivision Plan for registration, the
Subdivider shall submit the proposed Grading Control Plan for the approval of the
General Manager of Parks and Recreation in consultation with the Department of
Planning and Development. This approval shall be in addition to the Commissioner
of Public Works' approval required by Clause 36(b) of this agreement and the City
agrees to co-ordinate engineering and tree saving objectives between the relative
City Departments in order to reach a satisfactory Grading Control Plan.
Plans submitted to the City's General Manager of Parks and Recreation shall show:
i) Existing and proposed grade elevations;
ii) Indication of ground water and surface drainage;
iii) Description of soil characteristics;
iv) Delineation of "work zones"; being defined as areas to be disturbed due to
area/rough grading, cut and fill, installation of roads and services or
construction vehicle access.
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PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT -D)
10. (Cont'd)
V) Location and description of tree protection measures to be implemented
around specified work zones. The Subdivider agrees that no tree removal
for road construction or any grading within the subdivision shall occur until
such time as all protection measures, including the installation of a 1.2
metre high temporary snow fence is erected along the boundary of trees
affected by such construction or grading have been implemented to the
satisfaction of the Department of Planning and Development. The
Subdivider shall be responsible for installing appropriate signs every 45
metres noting that there shall be no dumping or removal of trees within this
area. The Subdivider shall be responsible for the removal of all materials
dumped into this area and the temporary fencing shall be removed
following the completion of all construction within the development Stage
area.
vi) Location of proposed stockpiles of excavation materials.
b) Prior to the Subdivider applying for or being issued any building permit for any particular
Lot or Block containing trees worth saving as shown on the Grading Control Plan
approved by the City's General Manager of Parks and Recreation, a Tree
Saving/Site Plan for the particular lot or block shall be submitted to and approved
by the Department of Planning and Development:
Said Plan shall show:
i) Delineation of "work zones"; being defined as areas to be disturbed due to
site/final grading, excavation, installation of services or construction vehicle
access.
ii) The approximate location, size, species and condition of all existing trees
greater than 10 cm DBH which are located within a 6.0 metre band around
the defined work zones.
iii) Indication of which trees are to be saved within the 6.0 metre band around
the work zones, such trees being tagged or similarly identified in the field by
the Subdivider.
iv) Location, description of trees protection measures to be implemented
around each particular lot around the work zones. The Subdivider agrees
to implement at his cost, the approved protection measures prior to any site
grading, excavation, or construction occurring on the particular lot or Block.
V) The location of buildings, driveways and walkways.
vi) Existing and proposed elevations.
vii) Location of proposed stock piles of excavation materials.
c) The Subdivider agrees to develop the subdivision in accordance with all approved
plans and agrees that no trees shall be removed from the subdivision lands except
those trees approved for removal as shown on the Grading Control Plan approved
by the General Manager of Parks and Recreation or as shown on the approved Tree
Saving/Site Plan(s) without the permission of the City. Further, the Subdivider
agrees to provide the relevant builders and prospective purchasers a copy of the
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Grading Control Plan approved by the General Manager of Parks and Recreation
and a copy of the approved Tree Saving/Site Plan (s) where applicable.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT -D)
10. (Cont'd)
62. To obtain from the Grand River Conservation Authority, as required, a Fill, Construction
and Alteration to Waterways Permit under Ontario Regulation 154/86. Such permit shall be
obtained prior to any on-site grading, the installation of services or prior to the City's
release of each stage of the Subdivision Plan for registration purposes.
63. To construct a temporary turning circle to City Standards on Lots 31 and 32 (Stage 1) and
Block 58 (Stage 1) as shown on the attached subdivision plan, until such time as Street
One is extended through the adjacent lands to the north in Draft Plan of Subdivision 30T-
91005 and open to vehicular traffic. Said turning circle shall be designed, constructed and
ultimately removed to the satisfaction of the Department of Public Works. No building
permits shall be issued for Lots 31 or 32 or Block 58 until such time as the temporary
turning circle has been removed or determined by the City's Department of Public Works
not be required. In the event Street Five is constructed, a temporary turning circle shall not
be required, however no building permit shall be issued for Lot 32 until such time as Street
One is extended into the adjacent lands to the north in Draft Plan of Subdivision 30T-91005
and the driveway for Lot 31 shall be developed on the east side of said lot.
64. That Blocks 50, 58, 59 and 60 (Stage 1) shall only be used as lot consolidations with
adjoining blocks in Draft Plan of Subdivision 30T-91005 (Sandra Springs Park Ltd.). No
building permits shall be issued for Blocks 50, 58, 59 and 60 until the title has been
consolidated with the respective lots/blocks in such adjacent plan.
65. That Lot 45 and Blocks 51 - 56 (Stage 1) inclusive shall only be used as lot consolidations
with adjoining blocks in Draft Plan of Subdivision 30T-89021 (Hallman-Idlewood Ltd.). No
building permits shall be issued for Lot 45 and Blocks 51 - 56 inclusive until the title has
been consolidated with the respective lots/blocks in such adjacent plan.
66. That Lot 33 and Block 57 shall only be used as a lot consolidation with the adjacent future
lot to be created within Block 61. No building permits shall be issued for Lot 33 and Block
57 until title has been consolidated with respective adjacent lot.
67. 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.
68. The Subdivider acknowledges that immediately subsequent to the construction and
opening of the Keewatin Avenue extension to vehicular traffic between its existing terminus
in Registered Plan 1718 to Lackner Boulevard, that it is the City's intention that Forwell
Road at the northerly limit of the plan of subdivision be closed. In this regard, no building
permits are to be issued for Lots 1, 2, and 3 or Blocks 48 and 49 (Stage 1) until such time
as the closure of Forwell Road is complete. Further, the Subdivider shall be responsible
for physically closing Forwell Road at the limit of the plan of subdivision and constructing a
dual purpose emergency access/walkway to the satisfaction of the City's Department of
Public Works.
69. That in addition to the standard servicing requirements and responsibilities outlined in this
Agreement, the Subdivider agrees to pay to the City its fair share of the actual cost of the
Ottawa Street Trunk Sanitary Sewer, as determined by and to the satisfaction of the City's
Commissioner of Public Works, prior to the registration of any stage of the Subdivision
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,M
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT -D)
10. (Cont'd)
70. To upgrade to full municipal standards, Street One (Forwell Road) along its entire frontage
abutting the plan of subdivision to the satisfaction of the City's Department of Public Works.
71. The City agrees that the City Solicitor shall arrange for the passing of a By-law opening the
0.3 metre reserve Block 86, R.P. 1718 as "Public Highway" at a timing approved by the
Commissioner of Public Works.
72. The City agrees that immediately subsequent to the opening of Street One to vehicular
traffic, the redundant portion of Forwell Road from Street Five to new Street One shall be
closed by By-law.
73. That the development of future single detached residential lots within Lots 1, 2, and 3 and
Blocks 48 and 49 (Stage 1) are to be facilitated through consolidation with the proposed
closure of the existing portion of Forwell Road which bisects these future lots and the
consolidation of the Blocks and proposed closed portion of Forwell Road and development
of these lots will be done in the following sequence:
a) The Subdivider agrees to be responsible for the costs and preparation of a Reference
Plan depicting the development of the 19 single family residential lots consisting of
Lots 1, 2, and 3 and Blocks 48 and 49 and that portion of existing Forwell Road to
be closed and that portion of the dual purpose walkway/emergency access to be
opened;
b) The Subdivider also agrees to be responsible for the preparation of a grading plan for
the lands to be consolidated to be approved by the Commissioner of Public Works;
C) The Subdivider shall submit a draft Reference Plan to the Department of Planning
and Development for examination and endorsement;
d) The Subdivider agrees to deposit the endorsed Reference Plan under The Registry Act;
e) Subject to the receipt of the Reference Plan and completion of Street One being open to
vehicular traffic, the City Solicitor shall arrange for a Road Closing By-law for that
portion of Forwell Road to be closed and a By-law to open that portion of the dual
purpose walkway/emergency access outside the existing Forwell Road right-of-way;
f) The City of Kitchener will convey the portion of Forwell Road closed to the
Subdivider at no cost for consolidation with the abutting blocks;
g) The Subdivider agrees to apply for a Part Lot Control Exemption By-law or to the
Committee of Adjustment for consent for the proposed closed portion of Forwell
Road with said parts of the reference plan to be consolidated with the abutting lots
and blocks as depicted on the Plan of Subdivision Map attached.
74. The Subdivider agrees to deed to the City of Kitchener, at no cost to the City and free of
encumbrance, Block 64 (Stage 1) for open space/hazard land purposes immediately
subsequent to the registration of Stage 1 of the subdivision subject to an agreement being
entered into at the time of the deed transfer all to the satisfaction of the City Solicitor. Said
agreement shall specify that the Subdivider maintains the right to extract mineral
aggregates should a deposit be found on the subject lands. In this regard, the agreement
shall hold the City harmless during the period of aggregate extraction and that
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PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT -D)
10. 74. (Cont'd)
although the deed for Block 64 may have been delivered and registered, the City shall not
take possession of the said Block before the completion of gravel extraction and
rehabilitation as determined by the Ministry of Natural Resources.
75. Immediately subsequent to the registration of the Plan of Subdivision, the City agrees to
convey Blocks 61 and 62 (Stage 1) to 225516 Ontario Limited in accordance with Clause
71 in Instrument Number 1031715. Block 60 may be further subdivided in which case the
City agrees to the passing of a Part Lot Control Exemption By-law to facilitate such further
lotting.
76. That Block 62 (Stage 1) shall only be used as a lot consolidation with Block 1 (Stage 3).
No building permits shall be issued for Block 1 until title has been consolidated for Blocks 1
(Stage 3) and Block 62 (Stage 1).
77. That the Subdivider acknowledge that as part of the site plan control approval for Block 1
(Stage 3), storm water management will be required in addition to the storm water
management provisions approved for this plan of subdivision.
It is the opinion of this Committee that the approval of this application is proper planning for
the City.
D. That the implementing Zoning By-law for Zone Change Application 89/3/F/CL (Forwell Ltd.)
not be presented to City Council until Subdivision Application 30T-89003 has received
Regional Draft Plan Approval and the Region of Waterloo has approved the revisions to the
Grand River North Community Plan whereupon the amending Zoning By-law shall be
presented to Council for all three readings. Alternatively, three readings of the amending
zoning by-law may be given if the City Clerk is presented with a letter from the Regional
Municipality of Waterloo advising that the Region has no objections to the passing of the
By-law.
(Dealt with under delegations and action deferred and referred to the May 9, 1994
Council meeting so as to allow Planning staff to hold a meeting with the residents
and developer to clarify information pertaining to the proposed development.)
11. A. That the "Grand River North Community Plan" be revised as follows:
"That Map "A", Grand River North Community: Secondary Plan, be revised to redesignate a
1.1 hectare parcel of land from "Low Density Residential" to "Neighbourhood Institutional"
as shown on 'Map A - General Land Use' attached."
It is the opinion of this Committee that the approval of this revision to the Community Plan is
proper planning for the City.
B. That Zone Change Application 89/37/K/CL requesting a change in zoning from Township
Agriculture (Twp. A) according to By-law 878A and General Residential (R3) according to
By-law 4830 to Restricted Residential (R2A) with special regulations, Semi -Restricted
Residential (R2B) with a restriction of use and special regulations, and Park, Public Open
Space (P) according to By-law 4830; and Neighbourhood Institutional (1-1) according to By-
law 85-1, on Part of Lot 121, G.C.T., Part of Blocks 230 and 232, R.P. 1403, and Part of
Blocks C and K, Registered Plan 1413, be approved in the form shown in the "Proposed
By-laws" both attached, dated March 23, 1994, subject to the Subdivision Conditions
contained in recommendation C):
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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.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT -D)
11. (Cont'd)
C. That Subdivision Application 30T-89021 (Hallman-Idlewood Ltd.) be recommended to the
Regional Municipality of Waterloo for draft approval, subject to the following conditions:
1. That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as
approved by City Council embracing those lands shown outlined on the attached Plan of
Subdivision and that the following special conditions be written therein.
The Subdivider covenant and agrees:
50. That the final plan for registration purposes shall be prepared in accordance with the
attached Plan of Subdivision dated 94 01 07, 1993 providing that minor amendments to
said plan, acceptable to the Commissioner of Planning and Development and not affecting
the numbering of lots or 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, in consultation with the City's Department of Parks and Recreation, the
Regional Municipality of Waterloo, and the Grand River Conservation Authority and the
Ministry of Natural Resources, with the same plan to be approved by those affected
agencies prior to registration of the Subdivision Plan.
52. That prior to any grading or construction on the site, to submit for the approval of the
Commissioner of Public Works, in consultation with the City's Department of Parks and
Recreation, the Regional Municipality of Waterloo, the Grand River Conservation Authority
and the Ministry of Natural Resources, a detailed engineering design for storm water
management in accordance with an approved concept plan. Said engineering design shall
include an erosion and siltation control plan indicating the means where by erosion will be
minimized and silt maintained on-site throughout all phases of grading and construction.
The Subdivider further agrees to implement all required measures as outlined in the
approved final design.
53. That the street names of the Streets within the Plan of Subdivision shall be named
Dunnigan Drive, Keewatin Place and Knollwood Court, which names shall appear on the
final registered plan.
54. To convey to the City of Kitchener the following lands for the purposes stated therein, at no
cost and free of encumbrance, concurrently with the registration of the plan of subdivision:
a) Blocks 65 to 67 inclusive for park purposes;
b) Blocks 68 and 69 for storm water management purposes;
c) Blocks 70, 71 and 72 for 0.3 metre reserves.
55. To construct 1.5 metre concrete sidewalks along both sides of Keewatin Avenue and
Dunnigan Drive; along the southerly side of Knollwood Court and along the easterly side of
Lackner Boulevard where it abuts the plan of subdivision.
56. The Subdivider agrees to fill, compact and grade in both preliminary and finished form,
topsoil and seed/sod Blocks 66 and 67, to the satisfaction of the General Manager of Parks
and Recreation, to be completed in conjunction with the timing of grading of surrounding
residential development, not to exceed two years from the registration of the subdivision
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plan or at an alternate time approved in writing by the General Manager of Parks and
Recreation.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT -D)
11. (Cont'd)
57. The Subdivider agrees to fill, compact and grade in both preliminary and finished form,
topsoil and seed/sod Block 65 if required, and include therein a paved trail link all to the
satisfaction of the General Manager of Parks and Recreation, to be completed in
conjunction with the timing of 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 General Manager of Parks and Recreation.
58. That construction traffic to and from the proposed subdivision shall be restricted to
Keewatin Avenue to Lackner Boulevard. All construction traffic shall be prohibited from
using internal residential street in the community. 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.
59. That in consideration of trees worth saving located on Lots 18, 19, 20, 21 and Blocks 57
and 58, the Subdivider agrees:
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 or blocks, a tree
saving/building location plan shall be submitted to the Department of Planning and
Development which will show defined work zones and protection measures to be
implemented; to be approved by the City's Director of Development prior to site
grading, excavation, or construction within the particular lot or block.
60. That Lot 21 and Blocks 57 to 63 inclusive shall only be used as lot consolidations with
adjoining lots/blocks in Draft Plan of Subdivision 30T-89003 (Forwell Limited). No building
permits shall be issued for Lot 21 and Blocks 57 to 63 inclusive until the title has been
consolidated with the respective lots/blocks in said adjacent plan.
61. That Lots 2 and 37, and Blocks 55 and 56 shall only be used as lot consolidations with
adjoining lots/blocks in Draft Plan of Subdivision 30T-91005 (Sandra Springs Park Ltd.).
No building permits shall be issued for Blocks 55 and 56 until the title has been
consolidated with the respective lots/blocks in said adjacent plan.
62. 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.
63. That the servicing and development of this plan of subdivision shall occur consecutively
with, or subsequent to the development of Draft Plan of Subdivision 30T-89003 (Forwell
Ltd.) in order to facilitate the completion of the unbuilt portion of Keewatin Avenue between
Misty Street and Lackner Boulevard. No building permits shall be issued until Draft Plan of
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Subdivision 30T-89003 has been registered and Keewatin Avenue has been constructed
from its' existing terminus in Registered 1718 to the limits of this plan of subdivision and is
open to vehicular traffic to the satisfaction of the Commissioner of Public Works.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT -D)
11. (Cont'd)
64. That in addition to the standard servicing requirements and responsibilities outlined in this
Agreement, the Subdivider agrees to pay to the City its fair share of the actual cost of the
Ottawa Street Trunk Sanitary Sewer, as determined by and to the satisfaction of the City's
Commissioner of Public Works, prior to the registration of the Subdivision Plan.
65. To construct a temporary turning circle to City standards on Lot 2 and Block 56 as shown
on the attached subdivision plan. Said turning circle shall be designed, constructed and
ultimately removed to the satisfaction of the Department of Public Works. At such time as
Dunnigan Drive is extended through Draft Plan of Subdivision 30T-91005 (Sandra Springs
Park Ltd.), and the 0.3 metre reserve is opened by by-law, the Subdivider shall remove the
turning circle. No building permits will be issued for Lots 2 and 37 and Block 56 until the
turning circle is removed.
66. That the conveyance of Blocks 65 to 67 inclusive shall satisfy the 5% parkland dedication
requirement for this proposed plan of subdivision.
67. The Subdivider agrees to install a boundary identification system along the lot lines which
abut Block 65 at such time required by and to the satisfaction of the General Manager of
Parks and Recreation. Further, the Subdivider agrees to include a statement advising of
the fencing and marking system requirement in all Offers to Purchase and Agreements of
Purchase and Sale for the Blocks and Lots affected by this clause.
68. That the City Solicitor shall arrange for the passing of a By-law opening the 0.3 metre
reserve Block 69 in Draft Plan of Subdivision 30T-89003 (Forwell Ltd.) as "public highway",
immediately subsequent to the opening of Keewatin Avenue to vehicular traffic. In the
event this plan of subdivision is registered concurrently with Draft Plan of Subdivision 30T-
89003 this condition will not be necessary.
69. That the driveway for Lot 36 be located on the east side of the lot if said lot is developed
prior to Dunnigan Drive being extended through Draft Plan of Subdivision 30T-91005
(Sandra Springs Park Ltd.).
70. The Subdivider agrees that the driveway for Lot 52 shall only be developed on the east
side of said lot opposite from the boundary with Block 69.
71. The Subdivider agrees to make arrangements with the Waterloo County Board of
Education for the granting of an easement to the City at no cost and free of encumbrance,
for a freeboard related to the storm water management pond located on Block 69, said
easement to be granted prior to the registration of the plan of subdivision.
It is the opinion of this Committee that the approval of this application is proper planning for
the City.
D. That the implementing Zoning By-law for Zone Change Application 89/37/K/CL (Hallman-
Idlewood Ltd.) not be presented to City Council until Subdivision Application 30T-89021
has received Regional Draft Plan Approval and the Region of Waterloo has approved the
revisions to the Grand River North Community Plan whereupon the amending Zoning By-
law shall be presented to Council for all three readings. Alternatively, three readings of the
amending zoning by-law may be given if the City Clerk is presented with a letter from the
Regional Municipality of Waterloo advising that the Region has no objections to the
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passing of the By-law.
(Dealt with under delegations and Carried.)
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT -D)
12. That Heritage Drive be permanently re -opened, and further,
That Council instruct staff not to remove the by-law closing Heritage Drive until measures for traffic
calming are designed and put into place and that traffic calming measures shall be presented to
Planning Committee for approval and public input before Heritage Drive is re -opened, and further,
That the official re -opening date be September 1, 1994."
(Dealt with under delegations and Carried, As Amended)
COMMUNITY SERVICES COMMITTEE -
1. That we support the bid to host the Women's World Hockey Championships at the Kitchener
Memorial Auditorium Complex, March 31 to April 7, 1996; and further,
That we recommend to the future Council that a $10,000.00 cash grant be allocated from the City's
1996 operating budget to assist the Canadian Amateur Hockey Association to defer local expenses
in the event that Kitchener is awarded the Championships.
2. That a submersible pump be installed at Well K-15 on Cherry Street to be used to augment water
levels in Victoria Park Lake during dry conditions.
3. That an exhibition gallery program be established at City Hall which will promote the work of artists
from within Waterloo Region; and further,
That the guidelines as presented to the Community Services Committee on April 18, 1994 be
approved to implement the exhibition gallery program.
4. That the report on the "Public Use of City Hall" as presented to the Community Services Committee
on April 18, 1994 be approved.
(As Amended)
5. That we approve an in-kind facility rental grant for the Waterloo Regional Labour Council in the
amount of $351.00; which represents the rental fee not including the license fee, for their use of the
Breithaupt Centre on September 17, 1994.
(Dealt with under delegations and Carried)
6. That we approve an in-kind grant in the amount of $513.00 in favour of the Waterloo County Shrine
Club to cover the cost of the installation and removal of barricades along King Street by City
employees to protect the parade route on June 1, 1994.
7. That we approve the following financial arrangements with the Kitchener Dutchmen Jr. B Hockey
Club:
(a) That the Hockey Club agrees to pay the Kitchener Memorial Auditorium Complex $2,000.00
monthly for its facility costs, beginning August 1, 1994 through to and including May 1, 1995 with
the rental rate subject to annual percentage increases as set by Council.
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(b) That the Hockey Club agrees to remit C.R.F. revenues monthly, beginning September 30, 1994
through to the conclusion of post season play.
(c) That the Hockey Club agrees to pay the Kitchener Memorial Auditorium Complex each month for
the cost of one part-time Event Supervisor, calculated at $40.00 per game, payable on the last
day of each month beginning September 30, 1994 through to the conclusion of post season play;
with staff rates subject to annual percentage increases as set by Council.
COMMUNITY SERVICES COMMITTEE - (CONT -D)
7. (Cont'd)
(d) That the Hockey Club's revised business plan, 1994 through to 1996 be received.
(e) That the Hockey Club agrees to repay its $42,438.35 debt by July 1, 1999; with the Hockey Club
agreeing to pay a minimum of $5,000.00 annually from its bingo proceeds, beginning July 1,
1995.
(f) That the Hockey Club agrees to pay the Kitchener Memorial Auditorium Complex a minimum of
$500.00 per game or 25% of the gross gate receipts, whichever is greater, as rent, beginning
with the third play-off round, after deducting C.R.F., taxes, O.H.A. share and the visiting team's
share in the deciding game of a series.
(g) That the City continue to charge interest on the Hockey Club's outstanding debt, with the Hockey
Club having the opportunity to make a grant application each year, up to 1999, to ask for relief on
the interest.
8. That we support the bid to bring the 1996 World Horseshoe Pitching Championships to Kitchener;
and further,
That we recommend to the future Council that a $10,000.00 cash grant be allocated to the host
committee in 1996, to help offset expenses, in the event Kitchener is successful in obtaining the
championships.
9. That we support the Kitchener -Waterloo Brier Pursuit Committee's interests in securing the 1997
Brier; and further,
That we recommend to the future Council that should the Pursuit Committee be successful in its
undertaking, that the City of Kitchener become a Gold Sponsor by providing a grant estimated at
$30,000.00 in cash and/or services to be paid to the host committee to offset local hosting expenses;
and further
That we approve an $85,000.00 interest free loan to the Brier Pursuit Committee, in the event that
the Committee has insufficient funds on hand in March 1996 to pay its first instalment of the
$175,000.00 hosting fee; with the Kitchener -Waterloo Brier Pursuit Committee agreeing to repay this
loan once revenues from ticket sales are received, on or about October 1, 1996.
10. That staff be directed to assist in the installation of an Ontario Heritage Foundation (OHF) plaque
within Breithaupt Park, to recognize the contributions of the Breithaupt family in Kitchener; and
further,
That the words "and the City of Kitchener" be added to the end of the proposed wording on the
plaque.
11. That no action be taken on the request of People Helping Others for a grant in the amount of
$7460.00.
12. That we approve the request of Project READ Literacy Network for an in-kind facility rental grant in
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the amount of $276.00 for use of the City Hall Rotunda and Fountain on Sunday May 1, 1994.
13. That we approve the request of K -W Performing Arts Association, operating as Theatre & Company
for a cash grant in the amount of $1,000.00 and an in-kind printing grant of $1,700.00.
14. That we approve a cash grant in the amount of $2,000.00 for the Waterloo Regional Boxing
Academy; and further,
That Parks & Recreation staff investigate the possibility of incorporation boxing into a City owned
facility.
FINANCE AND ADMINISTRATION COMMITTEE -
1. That subject to staff being satisfied that all health, safety and other standards of compliance have
been met, Council grant the request of Dandy's Restaurant, 87 King Street West, for permission to
operate a sidewalk patio in 1994 as outlined in the written submission of Mr. E. Dyck dated March 2,
1994, and,
That subject to the above the Mayor and Clerk be authorized to execute an Encroachment
Agreement satisfactory to the City Solicitor, and further,
That the owner be advised that the privilege of operating a sidewalk patio can be withdrawn by the
City's Chief Administrator upon receipt of validated complaints or compliance problems.
2. That the Specific Location Daily Sales Licence fees be waived relative to the Medieval Faire
sponsored by the Society for Creative Anachronism tentatively scheduled for May 28, 1994 at
Victoria Park.
3. That Council accept, as information, the early retirement proposal of the Kitchener Professional Fire
Fighters' Association as presented to the Finance and Administration Committee on April 18, 1994,
and respond as soon as possible.
4. That staff arrange for a preliminary environmental assessment (soils contamination) relative to the
CPR Lands between Ottawa Street South (Kitchener) and Caroline Street (Waterloo) as referred to
in the memorandum from Mr. G. Andersen dated April 12, 1994.
5. That the Manager of Licensing be authorized to issue an Ice Cream Vendor Licence to Mr. Jason
Edward Bamberger.
6. That the Manager of Licensing be authorized to issue a Street Vendors License to Mr. Zbigniew Wilk
relative to a vending cart to be located at King and Victoria Streets.
7. That the Encroachment Agreement relative to a hotdog cart on the sidewalk in front of the Sol Mar
Restaurant (323 King Street West) approved by Council on March 28, 1994 be drafted for an initial
period of 30 days in the Spring of 1994, subject to further consideration by Council thereafter.
8. That the Kitchener Professional Fire Fighters' Association, be granted permission to sell Fire Fighter
Calendars and T -Shirts in Kitchener from May 19 to December 31, 1994 (inclusive), provided that a
Hawker and Pedlar Licence is obtained, with same to be issued for a nominal $1.00 licence fee.
9. That a letter be forwarded to the Federal Ministers of Finance and Revenue, the House of Commons
Standing Committee on Finance and the Federation of Canadian Municipalities indicating the City of
Kitchener's continued support for the GST rebate to municipalities.
10. That Council adopt the comments of Management Committee concerning the Regional Topical
Review as outlined in a report from Mr. T. McKay dated April 12, 1994, and that these be forwarded
to the Review Steering Committee.
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11. That Council grant the request of the C.B.R.T. Local #304 Union Executive that two minutes of
silence be observed at 11:00 a.m. on Thursday, April 28, 1994 in memory of employees killed in the
workplace.
PUBLIC WORKS AND TRANSPORTATION COMMITTEE -
1. That no action be taken regarding a request from Dr. Stephen Code for a refund of $1,500.00
regarding the installation of a new sidewalk across the frontage of the Optometrist Clinic at 1188
Ottawa Street South.
(Action deferred and referred to the May 9, 1994 Council meeting for consideration.)
PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT -D)
2. That, subject to Curb Paint Ltd. Safety Identification satisfying City staff as to their financial ability to
undertake the project, approval be granted which will allow this Company to approach property
owners to seek approval to paint residential address numbers on curbs, subject to the following
provisions:
a) that the background shall be dark green with white numbers;
b) that the size and type of lettering shall be standardized; and,
c) that the property owners shall not be obliged to install these numbers nor shall the property
owners be obliged to keep them visible during the winter months.
3. That the Kitchener Transit Timed Transfer Study, prepared by Mr. J.J. Bakker, be received and
referred to Transit staff for an in-depth review with a report in this regard to be filed with the Public
Works and Transportation Committee at a future meeting.
4. That the City of Kitchener support the adoption of a new Consolidated Traffic and Parking By-law
which will become effective September 1, 1994, and further,
That City of Kitchener By-law No. 88-173, being the existing Traffic and Parking By-law, be repealed.
5. That parking be prohibited on the east side of Denlow Street from the south intersection of
Westchester Drive to Keewatin Avenue, and further,
That the Uniform Traffic By-law be amended accordingly.
6. That Commerce Parking Lot No.8 cease to operate as a City parking lot, effective April 30, 1994, and
further,
That Joseph Street Parking Lot No.18 permit hourly parking at a rate of $1.25 per hour and daily
parking at a rate of $5.00 per day between 8:00 a.m. and 6:00 p.m., Monday to Thursday and
Saturday, and between 8:00 a.m. and 9:30 p.m. Friday, in addition to the existing monthly parking,
effective April 30, 1994, and further,
That the Off -Street Parking By-law be amended accordingly.
7. That Brant Crescent be closed on Saturday, April 30, 1994 for the purpose of a street party and that
the appropriate by-law under Section 352(61) of the Municipal Act be enacted, and further,
That the expenditure to accommodate this event be charged to the appropriate account number.
8. That Kilkerran Crescent be closed between Biehn Drive and Kilbirnie Court from 4:00 p.m. to 11:00
p.m. on Saturday, May 28, 1994, for the purpose of a street party and that the appropriate by-law
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under Section 352(61) of the Municipal Act be enacted, and further,
That the expenditure to accommodate this event be charged to the appropriate account number.
9. That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor
with Canada Post for the issuance of Notices of Fine and Due Date, and further,
That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor
with the Ministry of the Attorney General for the collection and processing of parking fine revenue.
10. That the landscaping proposal for the Eby Street frontage of Parking Lot No. 5, as presented to the
Public Works and Transportation Committee on April 18, 1994, be adopted.
PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT -D)
11. That approximately $35,000.00 in Capital Budget funds previously allocated for the Market Square
Garage repairs in 1994 be reallocated to the Duke/Ontario Garage to complete the remedial work
begun in 1993.
12. That the Mayor and Clerk be authorized to execute a contract with Coolsaet Pipeline Ltd. for the
completion of outstanding work required under Contract T93-54.
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COMMITTEE OF THE WHOLE
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."
Councillor M. Yantzi disclosed a conflict of interest and abstained from all discussion and voting
with regard to a by-law to amend By-law No.85-1 relating to Zone Change Application 94/03/TC/CL
as 384-402 Queen Street South is located in the vicinity of his personal residence.
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER -
1. Banners
It was resolved:
"That in conjunction with Minit Lube's 4th and 5th Annual Hospital Drive, permission be
granted as follows:
i) Erection of a banner on King Street at Frederick/Benton Streets from Monday,
August 29, 1994 to Sunday, September 18, 1994 inclusive; and
ii) Erection of a banner on King Street at Frederick/Benton Streets from Monday,
August 28, 1995 to Sunday, September 17, 1995 inclusive, and further,
That arrangements be made with the City's Contractor for erection of these banners and
the payment of any costs associated therewith, and further,
That the Chief Administrative Officer be authorized to schedule the erection and removal
of a banner for this event in the future, on an annual basis, as requested."
- and -
"That the Mid -Western Branch of the Ontario Association of Professional Social Workers
be granted permission to erect a banner on King Street at Frederick/Benton Streets from
Monday, February 20, 1995 to Sunday, March 12, 1995 inclusive, and further,
That arrangements be made with the City's Contractor for erection of the banner and the
payment of any costs associated therewith, and further,
That the Chief Administrative Officer be authorized to schedule the erection and removal
of a banner for this event on an annual basis as requested."
2. Execution of Final Release - BRIDGEPORT NORTH WARD
It was resolved:
"That the Mayor and Clerk be authorized to execute a Final Release in the amount of
$1,600.65 pertaining to a 3/4" gas service that was damaged at 321 Breithaupt Street,
Kitchener, on or about September 14, 1993."
3. Industrial Land Compliance - SOUTH WARD
It was resolved:
"That the City confirms compliance with the conditions contained in Council's resolution
of May 14, 1990, deposited as Instrument No. 1041748, with respect to the property
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COMMITTEE OF THE WHOLE
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
3. Industrial Land Compliance - SOUTH WARD (Cont'd)
described as Part 28 on Reference Plan 58R-5668 (now W.N.C.C. Plan No. 150) and
municipally known as 49 McIntyre Place."
4. Minutes of Settlement - STANLEY PARK WARD
It was resolved:
"That the City Solicitor be authorized to execute the Minutes of Settlement with respect to
the Assessment Appeal by P.E. Goulet (Property Tax Advisors) for Patene Limited of the
realty assessment for the property municipally known as 1290 Victoria Street North for the
taxation year 1993."
5. Special Community Events
It was resolved:
"That the City of Kitchener supports the Kiwanis Kavaliers Drum and Bugle Corps hosting
the 3rd Annual Canadian Open Drum & Bugle Corps Championship at Centennial
Stadium on Tuesday, August 9, 1994 and recognizes this as a Special Community Event
in connection with their application to the Liquor Licence Control Board of Onario for a
special occasion permit."
WTrE
"That the City of Kitchener supports the Central Ontario Exhibition Association hosting the
Central Ontario Exhibition from July 6-10, 1994 and recognizes this as a Special
Community Event in connection with their application to the Liquor Licence Control Board
of Ontario for a special occasion permit."
6. Execution of Proof of Loss
It was resolved:
"That the Mayor and Clerk be authorized to execute a Proof of Loss for damages to a bus
amounting to $3,288.26 as a result of an accident which occurred on or about February
10, 1994."
7. Oktoberfest Trade Dollars
It was resolved:
"That Kitchener -Waterloo Oktoberfest Inc. be authorized to circulate $2.00 coins as trade
dollars within Kitchener from July 1, 1994 to October 31, 1994."
8. Licences - Monte Carlo Events
It was resolved:
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"That the City of Kitchener has no objection to a Provincial licence being issued to the
Citizens Concerned with Crime Against Children, to conduct a Monte Carlo event at the
Conestoga Inn (Howard Johnson), Kitchener on August 12 - August 14, 1994, inclusive."
- and -
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COMMITTEE OF THE WHOLE
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
8. Licences - Monte Carlo Events (Cont'd)
"That the City of Kitchener has no objection to a Provincial licence being issued to the
Shamrock Co-operative Homes Inc., to conduct a Monte Carlo event and sell Nevada
Tickets at the Conestoga Inn (Howard Johnson), Kitchener on July 7 - July 9, 1994,
inclusive."
- and -
"That the City of Kitchener has no objection to a Provincial licence being issued to the
Canadian Mental Health Association (Waterloo Regional Branch), to conduct a Monte
Carlo and Raffle event at the Edelweiss Tavern, Kitchener on June 2 - June 4, 1994,
inclusive."
WT OE
"That the City of Kitchener has no objection to a Provincial licence being issued to the
Civitan Club of Kitchener -Waterloo, to conduct a Monte Carlo event at the Holiday Inn,
Kitchener on May 27 - May 29, 1994 inclusive."
WT OE
"That the City of Kitchener has no objection to a Provincial licence being issued to the
Kitchener Oktoberfest Lions Club, to conduct a Monte Carlo event at the Kitchener
Memorial Auditorium, Kitchener during the Central Ontario Exhibition on July 7 - July 9,
1994, inclusive."
9. Nevada Tickets - Kiwanis Kavaliers
It was resolved:
"That the City of Kitchener has no objection to a Provincial licence being issued to the
Kiwanis Kavaliers Drum & Bugle Corps. to sell Nevada Tickets at their Monte Carlo event
at the Edelweiss Tavern, 300 Doon Village Road, Kitchener on May 12 - May 14, 1994
inclusive."
10. Licences - Raffle Lottery
Item a), which deals with issuance of a Lottery Licence to Kitchener -Waterloo Oktoberfest Inc.
for the purpose of conducting a raffle lottery in the City of Kitchener, was dealt with under
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delegations.
It was resolved:
"That the City of Kitchener has no objection to the Easter Seal Society holding a Raffle in
the City of Kitchener on November 12, 1994, at Highland Hills Mall, 875 Highland Road
West, Kitchener."
11. Committee of Adjustment - Submission No. S 2/94
It was resolved:
"That the decision of the Committee of Adjustment sitting as a Standing Committee of City
Council, of April 19, 1994, recommending approval of S 2/94 - Wendell Motors - be
Ratified and Confirmed."
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COMMITTEE OF THE WHOLE
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT -D)
12. Encroachment Agreement - FOREST WARD
It was resolved:
"That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the
registered owner(s) of Lot 11, Registered Plan 1464, known as 39 Thorncliffe Street, to
legalize an existing swimming pool and concrete apron as they extend four metres, more
or less, onto an existing sanitary and storm sewer easement."
13. Encroachment Agreement - SOUTH WARD
It was resolved:
"That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the
registered owner(s) of Lot 12, Registered Plan 1640, known as 57 McLeod Court, to
legalize an existing fence, child's play centre and two evergreen trees which encroach
upon an existing sewer easement."
14. Execution of Consent and Waiver of Notice
It was resolved:
"That the Mayor and Clerk be authorized to execute a Consent and Waiver of Notice and
draft reference plan to expedite a Certificate of Titles Act Application by 1021366 Ontario
Inc., with respect to lands described as part of Lot 34, German Company Tract and shown
as Parts 1, 2 & 3 on the draft CTA Plan."
15. Encroachment Agreement - CENTRE WARD
This item was dealt with in Clause #1 of the Finance and Administration Committee report of
this date.
COUNCIL MINUTES
APRIL 25, 1994 -166- CITY OF KITCHENER
COUNCIL MINUTES
APRIL 25, 1994 -166- CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
16. Tenders
Tender T94-32 for tractor and loader backhoes was questioned and Mr. L. Gordon advised
that the unit quoted in the low bid was far undersized relative to the specification requested.
The second low bid was reviewed and was recommended as it met specification.
Councillor J. Smola requested that Tender T94-28 for Computer Systems (ACER COMPAQ)
be deferred and referred to the May 9th Council meeting so as to allow for more detailed
information to be supplied.
It was resolved:
"That tender T94-14, Asphalt Emulsions, be awarded to McAsphalt Industries Limited,
Scarborough, Ontario at their tendered price of $142,329.60, plus G.S.T. and P.S.T."
- and -
"That T94-32, Tractor Loader Backhoes be awarded as follows:
Item #1 - to Advance Construction Equipment Limited, Kitchener at their tendered price of
$181,768. plus optional loader and backhoe buckets, transmission, G.S.T. and P.S.T.
Item #2 - to Coleman Equipment Inc., New Dundee at their tendered price of $38,700.
plus G.S.T. and P.S.T."
- and -
COUNCIL MINUTES
APRIL 25, 1994 -167- CITY OF KITCHENER
COMMITTEE OF THE WHOLE
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
16. Tenders (Cont'd)
"That Tender T94-2, Road Construction, be awarded to Capital Paving Inc., Guelph,
Ontario at their tendered price of $537,226.14, which includes all applicable taxes."
- and -
"That Tender T94-1, Concrete Sidewalk and Curb Construction and Repairs, be awarded
to G.J.R. Construction Inc., Linwood, Ontario at their tendered price of $370,779.40, all
taxes included."
- and -
"That Tender T94-23, Schneider Trunk Sanitary Sewer - Phase 5, Stage 213, be awarded
to Clearway Construction, Maple, Ontario at their corrected tender price of $2,662,529.94
(plus GST)."
- and -
"That the following recommendation be deferred and referred to the May 9, 1994 Council
meeting for consideration:
COUNCIL MINUTES
APRIL 25, 1994 -167- CITY OF KITCHENER
COUNCIL MINUTES
APRIL 25, 1994 -167- CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
'That Tender T94-28, Computer Systems (ACER COMPAQ), be awarded to Micro
Age Computer Centres, Kitchener at their tendered price of $227,220., plus GST
and PST."'
17. Bill 120 - Basement Apartments - Right of Entry
It was resolved:
"That we endorse Resolution 91-94 of the City of Mississauga, passed March 30, 1994,
respecting the matter of Right of Entry relating to basement apartments."
18. Licence - Raffle Lottery
It was resolved:
"That the City of Kitchener has no objection to the Cambridge Interfaith Pastoral
Counselling Centre holding a Raffle in the City of Kitchener on June 4, 1994, at Pioneer
Sportsworld."
19. City Response to AMO Request to Help Fight Cuts to Municipal Road Grants
It was resolved:
"That the City of Kitchener indicate to the Association of Municipalities of Ontario that it
supports the campaign to oppose cuts to municipal road grants; and further,
That letters opposing cuts to municipal road grants be forwarded to the Minister of
Finance, the Minister of Transportation, the Minister of Municipal Affairs and local MPPs."
20. Applications for Cancellation, Refund, Reduction or Levy of Taxes - April 25, 1994 Hearing
It was resolved:
"That the applications attached hereto and forming part of these minutes relative to
cancellation, reduction, refund or levy of taxes be disposed of as recommended therein."
COUNCIL MINUTES
APRIL 25, 1994 -168- CITY OF KITCHENER
COMMITTEE OF THE WHOLE
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
20. Applications for Cancellation, Refund, Reduction or Levy of Taxes - April 25, 1994 Hearing
Cont'd
The following conflicts of interest and abstentions were disclosed:
Councillor C. Zehr concerning Item Nos. 4 and 5 with respect to the Italian Restaurant, 120
Ottawa Street North, as the applicants were clients in his personal business practice and
Councillor J. Ziegler concerning Item No. 220 with respect to the property known as 3171 King
Street East which he owns.
21. Temporary Construction Easement - Schneider Trunk Sanitary Sewer
COUNCIL MINUTES
APRIL 25, 1994 -168- CITY OF KITCHENER
COUNCIL MINUTES
APRIL 25, 1994 -168- CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
The Committee was in receipt of a memorandum dated April 25, 1994, from Mr. G. Andersen
concerning the need for a Temporary Construction Easement in connection with the next
phase of the Schneider Trunk Sanitary Sewer project. Street access will be interrupted to J.A.
Zettel Manufacturing on Borden Avenue and to an apartment building located on Bedford
Road. This easement will provide access across a neighbouring property, Petro -Canada.
It was resolved:
"That the City accepts the offer from Petro -Canada to sell to the City a Temporary
Construction Easement over part of the property known as 380 Courtland Avenue East for
the sum of $1,000.00 per month for a minimum of five (5) months beginning May 1, 1994."