Loading...
HomeMy WebLinkAboutCouncil Minutes - 1994-06-27COUNCIL\1994-06-27 COUNCIL MINUTES JUNE 27, 1994 CITY OF KITCHENER The Council of the Corporation of the City of Kitchener met this date with all members present except Councillor T. Galloway. On motion by Councillor B. Stortz, the minutes of the regular meeting held on June 13, 1994, as mailed to the Mayor and Councillors, were accepted. Mr. T. McKay introduced the following representatives of the Africa 2000 delegation from Windhoek, Namibia, who were in attendance this date, and welcomed them to the City of Kitchener: Mr. Vinson Hailulu (Town Clerk); Ms. Elmarie Du Toit (Head Planner); and Mr. Colin Ramothibe (Deputy City Secretary - In-Training). Ms. V. Gibaut announced that Diemaco Inc., a Kitchener Small Arms Manufacturer, was awarded a $52,000,000 contract from the Dutch Government at a special ceremony held this date. She extended congratulations to the Company and noted that the contract will generate approximately 1,000 person years of direct work, and ensure that hundreds of jobs remain in the City. Mr. John McDonald appeared in support of clause 1 of the Community Services Committee report of this date recommending approval of the request of a Festival of Neighbourhoods for a combination of in-kind services and a cash grant for the event to be held on September 17, 1994. Mr. McDonald thanked Council for extending to the organizing Committee an opportunity to stage the event and circulated the first of a two-part information kit. Mr. McDonald explained the purpose of the two neighbourhood events, namely: a Season for Celebration (June-September, 1994) and a Festival of Neighbourhoods (September 17, 1994). He encouraged all citizens and neighbourhoods to participate. Councillors M. Wagner and M. Yantzi extended their personal thanks to the members of the Organizing Committee for their initiative and work to date. Moved by Councillor G. Lorentz Seconded by Councillor C. Zehr That clause 1 of the Community Services Committee report of this date be adopted. Carried. Mr. Richard Macey registered as a delegation this date in opposition to clause 1 of the Public Works and Transportation Committee report concerning the installation of sidewalks on General Drive. Council was also in receipt of a presentation brief from Mr. Macey dated June 27, 1994 questioning why all of the 61 homeowners on General Drive were not informed of the discussion relative to the proposed sidewalk deletion. Councillor J. Smola referred to the report of Mr. D. Mansell dated June 27, 1994 which was circulated to Members of Council this date, in which he recommends no action on clause 1 on the basis that there is no longer unanimous agreement by all of the affected lot owners that the sidewalk should be deleted from a portion of General Drive. Consequently, staff had recommended that the original conditions of the residential subdivision agreement be enforced. Councillor Smola also referred to a letter from Mr. David Knapp, received by the City Clerk this date, which indicates that he is withdrawing the petition for the removal of the sidewalk which was previously signed by the owners of Lots 69-82. Moved by Councillor J. Ziegler Seconded by Councillor J. Smola That no action be taken on clause 1 of the Public Works and Transportation Committee report of this date. Mr. Daniel O'Driscoll, a resident of General Drive, appealed to Council to anticipate future problems of this nature and to put in place a process to reduce conflict between neighbours and allow all affected members of the community to offer input. Councillor C. Weylie responded that a process and subdivision JUNE 27, 1994 COUNCIL MINUTES - ~98- CITY OF KITCHENER plan are already in place, and that Council is responding to a request from the neighbourhood. Mr. O'Driscoll clarified that the suggested process would be one to amend a Subdivision Agreement, adding that a percentage of the homeowners in the subdivision have been excluded from the discussion and that Council may have taken action without them even being aware of the request. Councillor Weylie suggested that in future all homeowners in the subdivision should be advised of such requests and Mr. O'Driscoll agreed. The previous motion by Councillor J. Ziegler, seconded by Councillor J. Smola to take no action on clause 1 was voted on and Carried unanimously. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson, appeared in support of clause 1 (Doon South - Brigadoon Transportation Network and Corridor Study) and clause 4 (Zone Change and Subdivision Application - Hallman Aberdeen Limited) of the Planning and Economic Development Committee report of this date. Council was also in receipt of a report from Mr. J. Wallace dated June 23, 1994 concerning Section 53 of the proposed conditions for a Subdivision Agreement. Mr. P. Britton indicated that he was in agreement concerning Mr. Wallace's comments on erosion and siltation control and stressed that his client has agreed to implement the requirements outlined in the staff report. He suggested that no changes be made to condition No.53 as outlined in that report. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler That clause 4 of the Planning and Economic Development Committee report of this date be adopted. Councillor M. Wagner asked whether the trunk sewer, during the installation of the South Branch and at the point of crossing Strasburg Road, will go through the former Village of New Aberdeen. Mr. Britton replied that with respect to the Hallman Subdivision, the trunk will not cross any area of archaeological significance, and noted that this has been cleared by the Province. He also noted that a similar archaeological investigation will be required with respect to the Freure lands. Councillor M. Wagner noted that where Street No. 3 joins Biehn Drive, it will be laid out between two creeks. He questioned what will be done to ensure the integrity of these two fresh water creeks, advising of his concern that the road as proposed is too close to both branches. Mr. P. Britton replied that an environmental evaluation has been undertaken and street alternatives evaluated. He offered the opinion that the Biehn Drive connection would have the least environmental impact and is the only viable option. He suggested that in his opinion, the road can be constructed with minimal impact. The previous motion by Councillor C. Weylie, seconded by Councillor J. Ziegler, to adopt clause 4 of the Planning and Economic Development Committee report of this date was voted and Carried. Mr. Marc Somerville appeared concerning clause 2 of the Planning and Economic Development Committee report of this date as it relates to the dividing line between the rural and urban settlement areas in the vicinity of Trussler Road and Ottawa Street. Councillor G. Lorentz disclosed a conflict of interest and abstained from all voting and discussion concerning clauses 2 and 3 of the Planning and Economic Development Committee report of this date as his parents live within the area affected by the West Side Study. Mr. Somerville advised that he is representing Weiland Investment Inc. and that his client, along with neighbouring property owners, are opposed to clause 2 which would have the effect of contracting the urban boundary. He advised that his client acquired the property in question in July of 1991 on the basis of the urban boundary established prior to purchase. He offered the opinion that an Official Plan should guide members of the public in making investment decisions and quoted an Ontario Municipal Board decision referring to the need for stability in such a Plan. Mr. Somerville summarized that from his client's standpoint, it is unfair to contract the urban boundary in this area and asked that his client's lands, as well as several adjacent properties, remain within the urban settlement boundary. He pointed out that if the lands are excluded this would result in an aberration of the City's western boundary. In response to a question from Councillor C. Weylie, Mr. Somerville acknowledged that the Region had denied Kitchener's request relative to the urban boundary, but that his client had made a decision to purchase based on a Council decision. COUNCIL MINUTES JUNE 27, 1994 - 299 - CITY OF KITCI:IENER Mr. T.B. Stanley implied that Council's earlier decision did not imply an urban designation and that if an investment decision was made in this regard, it was an ill-informed one. He also outlined the circumstances surrounding Council's earlier decision with respect to the settlement boundary. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler That clause 2 of the Planning and Economic Development Committee report of this date be adopted. A recorded vote was requested by Mayor D.V. Cardillo. In favour: Councillors C. Zehr, B. Stortz, M. Wagner, M. Yantzi, J. Smola, G. Leadston, J. Ziegler and C. Weylie. Contra: Mayor D.V. Cardillo. Carried. Councillor G. Lorentz previously disclosed a conflict of interest and abstained from all voting and discussion concerning clauses 2 and 3 of the Planning and Economic Development Committee report of this date as his parents live within the area affected by the West Side Study. Mr. David Peel, Vice President of Oil Recycling Operations, Safety-Kleen, appeared concerning clauses 7 and 8 of the Public Works and Transportation Committee report relative to sewer odours. He circulated a report outlining the history of Safety-Kleen's waste water discharge and the various improvements made to rectify the odour problem. He also outlined the company's history and explained the nature of its re-refining operation. Mr. Peel also expressed the company's concern that the City is considering denying Safety-Kleen direct access to the sanitary sewer for waste water discharge. Mr. Peel pointed out that his company has managed to reduce the number of odour complaints relative to those received ten years ago. He suggested that there also may be problems with the configuration of the sanitary sewer near Graber Place, and noted that recent tests undertaken by the Region of Waterloo seemed to support the theory that this portion of the line may be a gas trap. He explained that since 1992 the company has repaired sewage traps and plumbing deficiencies in affected homes, changed the plant's waste water pumping times and reduced the rate of flow, commissioned an engineering study of sewer design and an analysis of local conditions, proposed a sour water stripper to be installed at the plant as part of the proposed expansion project, and installed a series of carbon canister vents in the sewer lines on the Graber Place to relieve pressure and alleviate odours, all at a combined cost to the company of approximately $130,000. Mr. Peel offered the opinion that these remedial measures were successful until recently, and though not a complete solution have done much to reduce odours. Mr. Peel suggested that in order to address the current problem, Safety-Kleen is willing to increase the venting capacity of the sewer through an odour absorbing medium and will initiate test runs using chemicals for odour reduction. He also pointed out that the Company is concerned over the suggestion that there might be a health hazard associated with the sewer odours and is proposing the immediate formation of a committee to quickly assess the nature and extent of the hazard. This committee would consist of officials from the City (including two Council members), the Region of Waterloo (including the Commissioner of Engineering and the Medical Officer of Health), as well as representatives from the Ontario Ministry of the Environment and Energy. Mr. Peel asked that Council continue to allow Safety- Kleen direct access to the sanitary sewer for waste water discharge, adding that the company will report back to Council on the remedial measures taken. Councillor G. Leadston enquired as to the impact on the company of switching from direct waste water discharge to trucking the material to a pumping station. Mr. Peel replied that additional piping would be required to off-load the wastes and an employee of the Region of Waterloo would have to receive and test the discharge, all at Safety-Kleen's expense. Mr. Peel added that Safety-Kleen would also retain a private consultant to do additional monitoring of ambient air quality and any related health impacts. In response to a question from Councillor J. Ziegler, Mr. Peel indicated that it would take approximately one to two weeks to install the necessary piping. He also expressed concern over the $500,000 cost associated with trucking waste water and noted that at present the economics of the plant are very marginal. Councillor Ziegler suggested that the City's first concern should be the odour problem and its impact upon residents, and that it is more reasonable to require trucking of waste water than to ask JUNE 27, 1994 COUNCIL MINUTES - 300- CITY OF KITCHENER citizens to endure the current problems any longer. Mr. Peel acknowledged the health concerns at issue and indicated that the suggested remedial measures could be put in place relatively quickly. He also expressed a concern over the company's ability to simulate flow conditions for testing purposes if the waste water is not being discharged into the sanitary sewer. Councillor Ziegler enquired as to the amount of on-site storage for waste material and Mr. Peel replied that the company presently has a holding capacity equivalent to several days of discharge. Councillor Ziegler suggested that rather than shutting off access to the sewer on June 30, Council could extend this date to July 11 to allow Safety-Kleen an opportunity to implement the trucking option, after which it could allow intermittent pumping to test any remedial solutions. Mr. Peel argued that one or two days of pumping may not be sufficient to replicate normal flow conditions. Councillor Ziegler responded that a consultant could recommend an appropriate length of time, and offered the opinion that the solution proposed by Mr. Peel is the reverse of what the residents need. Mr. Peel pointed out that all of the discussion this date is based on one assumption, namely: that Safety- Kleen is solely and totally responsible for the odour problem. He added that Safety-Kleen does not agree with this assumption and that recent tests undertaken by the Region of Waterloo seemed to support this position. He reminded Council that denying direct access to the sanitary sewer would result in an enormous cost to the company. Councillor G. Lorentz questioned why additional remedial actions had not taken place before this date, since the present odour problem has been on-going for some time. Mr. Peel replied that it was felt remedial measures already in place were helping to alleviate the odour problem. Councillor Lorentz asked whether Safety-Kleen had made any contingency plans relative to the proposed June 30 cutoff date and Mr. Peel replied that they are investigating a former discharge site. He also noted that the company has proposed a long term solution, which is presently under review by the Province as part of a plant expansion request, and suggested that under the circumstances, cutting off Safety-Kleen on June 30 is highly unfair. Councillor C. Zehr asked whether ambient air testing and testing of sewer gases, though not necessarily the accompanying analysis, could be undertaken in the next one to two weeks. Mr. Peel replied that this is possible and noted that the results of Provincial tests will be available later this week. Councillor Zehr referred to the option of introducing chemicals into the sewer line to eliminate the sulphide odours and asked how quickly this could be done. Mr. Peel replied that venting could be increased immediately and larger carbon canisters installed shortly thereafter. He added that additional chemicals to combat the odour could be introduced as soon as an injection pump is available, and estimated that all of these measures could be installed within the next two to three weeks. Councillor G. Leadston asked for clarification as to the configuration of the sewer line in the vicinity of Graber Place. Mr. D. Suzuki replied that the Graber sewer was built as part of the Ottawa trunk and that at the time of construction a large hydro duct was found crossing Graber Place. The contractor decided that the duct should not be removed, and as an alternative, split the 27 inch line into two parts which were then re-connected on the other side of the duct. Mr. Suzuki explained that after this was done, it was found that gases were being trapped and an adjustment was made to separate air and liquid movement. Mr. Peel also commented on the present sewer design, and again noted that recent tests undertaken by the Region suggest that gas trapping may still be a problem. Mr. Suzuki pointed out that a consultant of Safety-Kleen initially prompted the City to re-configure the crossover of the hydro duct he previously referred to. Mr. Peel clarified that his proposal involves two areas of study, one involving system hydraulics and the other gas testing of odours and their source. Mr. William Boettinger appeared and indicated he was speaking on behalf of residents of east Kitchener who are affected by the sewer odours. Mr. Boettinger indicated that he could not agree with what he has heard this date, and that the last thing required is more study. He referred to a lengthy list of previous odour complaints and indicated that if a study was to be undertaken he wanted it done now rather than at an unspecified future date. He also asked why the residents of Graber Place have the only sealed sewer system in the City, and why sewer gas is being forced up the stacks of adjacent houses. Mr. Boettinger also expressed concern over chemicals being discharged into the sewer and indicated that he is not pleased with the proposal of Safety-Kleen, whom he characterized as making a profit at the expense of Graber Place residents. He pointed out that tests have shown that nitroso dimethylamine (NDMA) is being discharged into the sewer line at the rate of 50 parts per billion, which is 250 times above the acceptable limit. Mr. Boettinger suggested that the number of complaints received about odours have not decreased, but people have become fed up with complaining when no action is taken on their concerns. JUNE 27, 1994 COUNCIL MINUTES - 301- CITY OF KITCHENER Mr. Boettinger stated that in the fall of 1992 Safety-Kleen promised installation of a steam stripper in the fall of 1993, but is now saying that it may not be installed at all unless the company's expansion proposal is approved. He also referred to the legal agreement in place relative to Safety-Kleen's use of the sanitary sewer, which indicates that a meter is supposed to run at all times and that if the meter stops, pumping is to stop. Mr. Boettinger pointed out that he had previously visited the site where the meter is installed and at that time it was not working and pumping was still taking place. He referred to the intermittent monitoring period in the agreement, and suggested that the company could ensure that there was no gas in the line during the monitoring period. He suggested that this arrangement is a joke and that monitoring should take place constantly. Mr. Boettinger implied that he has no sympathy for Mr. Peel's comment that a two week notice of the cutoff is unfair, since Graber Place residents have been living with the gas odours for approximately 2 1/2 years. Councillor J. Ziegler again asked whether Mr. Boettinger had been successful in having his property re- assessed, and whether the assessor had found that the gas odours decreased property value, and Mr. Boettinger replied in the affirmative to both questions. Councillor Ziegler pointed out that an additional two weeks would be required to install taps on the waste transport truck, and Councillor G. Leadston pointed out that the Spring Valley Pumping Station does not presently have the ability to extract waste material from a Safety-Kleen truck and this modification would also be required. Mr. Boettinger argued that Safety-Kleen could have been working on this problem when they first received notice of the Committee recommendation to deny access on June 30. Ms. Deborah Bennett, a resident of Graber Place, appeared and expressed concern over the gas odours in the sewers and the potential health effects from toxic chemical exposure. She referred to the adverse impact on her lifestyle and sleeping patterns, noting in particular the problems she encountered in the last seven weeks of her pregnancy. She acknowledged the remedial measures taken by Safety-Kleen to date, but insisted that the current levels of gas are still unacceptable. She asked that the Regional Health Unit and other health authorities be involved to determine whether the gas odours are creating health problems. She also suggested that a health survey be mailed out to determine the incidence of illness and cancer in Kitchener, Cambridge and Breslau which may be related to the present odour problem. Mr. Robert Milligan appeared and indicated that he is an environmentalist and an expert in environmental health. He commended Safety-Kleen on the valuable service to the environment of its re-refining operation, but suggested that this must be done in a way which does not adversely affect either the environment or public health. He referred to a past study of the Ministry of the Environment which indicates that Safety-Kleen is creating between 60 and 80 chemicals as part of its operation, noting that he suspects many of these may be toxic. He also referred to an August, 1992 study undertaken by CH2M Hill Engineering to establish the connection between waste discharge by Safety-Kleen and chemicals downline. He noted that the study tested for 12 priority pollutants, 7 of which were definitely associated with Safety-Kleen. Mr. Milligan discussed the impact of chemical discharge and referred to the symptoms experienced by residents and their concerns over respiratory diseases and some forms of cancer. He also questioned the nature of chemicals used to mask odours. Mr. Milligan pointed out that there is a problem in determining what constitutes an allowable standard for chemical discharge, especially since the majority of input in this regard comes from industry. Mr. Milligan recommended the following remedial actions: that Safety-Kleen be denied direct access to the sanitary sewer as soon as possible in order to determine whether the problem is directly attributable to the company or to the design of the sewer system; monitor all homes in the vicinity of the gas odour; closely monitor chemicals in both the water and the air; require that Safety-Kleen install a steam stripper of sufficient capacity as soon as possible. Ms. Erika Begemann, a resident of Evelyn Crescent, advised that approximately 14 years ago, she began noticing oily, chemical odours, particularly in the early morning hours, which she believed were emanating from Safety-Kleen (then Breslube). She acknowledged that the company had done a good job to correct the odour, however, once Safety-Kleen built the direct discharge pipeline the problem returned with greater severity. She referred to the numerous complaints of area residents, and offered the opinion that if you have enough money you can get away with anything. Ms. Begemann suggested that homeowners in the area are concerned, and that any decline in the number of complaints can be related to their being ignored by Council, and to the citizens lost faith in politicians. She referred to a petition she recently circulated which has to date been signed by JUNE 27, 1994 COUNCIL MINUTES - 30~- CITY OF KITCHENER approximately 700 ratepayers who are opposed to the plant expansion of Safety-Kleen. Ms. Begemann acknowledged the necessity of recycling operations, but indicated citizens also have a right to breathe clean air and live in a clean environment. Mr. Alan Marshall, West Montrose, appeared and indicated that he has been involved over the past 4 1/2 years with environmental issues in Elmira. He indicated that he was very dissatisfied with the discussion this date and criticized comments by Council which he characterized as apologizing for Safety-Kleen. He specifically accused Mayor D.V. Cardillo of acting as an apologist for Safety-Kleen and other local polluters. He suggested that Mr. Peel represents a company which is a proven polluter and which has numerous air convictions. He suggested that Council is only aware of a small portion of the environmental pollution of the Grand River by Safety-Kleen, and that further information in this regard will be disclosed at the Provincial hearings this fall. Mr. Marshall expressed the opinion that the compromise he has heard from Council this date is contemptible, and noted that the Committee proposed by Safety- Kleen would be composed of individuals who are either directly responsible for the pollution or have done nothing to prevent it. He drew a parallel between this situation and the recent environmental problems in Elmira involving Uniroyal. Mr. Marshall observed that Council is paid by the citizens of Kitchener and added that he hoped they were not being paid by Safety-Kleen, though he was not sure. Councillor M. Wagner strenuously objected to the allegations of corruption he characterized as unfair and reprehensible, and demanded a personal pointed out that Safety-Kleen has made an honest attempt to address Councillor G. Lorentz pointed out to Mr. Marshall that what he is witnessing may come forward to freely express their opinions and offer suggestions. made by Mr. Marshall. which apology. Mayor Cardillo also the environmental problem. is democracy, wherein people He also took exception to the criticisms of Council expressed by Mr. Marshall and added that the problem was brought before them two weeks ago and there is already a recommendation for action this date. Mr. Marshall reminded Councillor Lorentz that the problem has been on-going for the past two years, during which time Council has done nothing. Mr. Marshall also responded to the earlier objection of Councillor Wagner, and clarified that he did not state that all of Kitchener Council was corrupt. He added that if Councillor Wagner wished an apology he should be more specific in terms of what he is objecting to, and Councillor Wagner responded that he is objecting to the implication of corruption. Mr. Marshall offered the further opinion that the majority of Woolwich Town Council members are corrupt. He also suggested that Kitchener Council is not listening to its constituents or acting on their concerns. Both Councillors G. Leadston and C. Zehr objected to the delegation's comments, and Councillor Zehr suggested that it is unfair to make general allegations, and that more specific reference should be made with care. Mr. Marshall asked why Council was not questioning him on the alleged pollution of ground water by Safety-Kleen, and Mayor Cardillo advised that this matter is being investigated and that the wells at Woolner Flats have been closed in this regard. Mr. Marshall thanked Mayor Cardillo for publicly clarifying that the Woolner Flats wells have been closed due to ground water contamination. Mr. Jake Smola appeared in support of clauses 7 and 8 of the Public Works and Transportation Committee report of this date relative to Safety-Kleen and the upcoming Provincial Hearings. He encouraged Council to act immediately in this regard, and not to allow an expansion of Safety-Kleen until the current problems are entirely resolved. He also asked that Council inform citizens of the Provincial Hearings referred to in clause 8. Ms. Brenda Tompson appeared on behalf of Ground Water Alert and relative to alleged pollution by Safety-Kleen. She advised that she has been monitoring ground water contamination by Ciba Geigy and Canadian General Tower, and referred to the discharge of NDMA by these companies and Safety-Kleen into sanitary sewer systems. She offered the opinion that all of the rates of input are far in excess of allowable standards and referred to the downstream accumulation of pollutants in drinking water. She asked that Council take action immediately in the interest of public health and not allow Safety-Kleen to continue direct waste water discharge until they can guarantee there are no more odours or chemical pollutants. Regional Chairman Ken Seiling appeared and clarified earlier comments made by Mayor D.V. Cardillo concerning the Woolner Flats wells. He stated that the induced filtration wells along the Grand River, which are not in use at present, were closed down due to occurrences of cryptosporidium, and not as a result of chemical contamination. Chairman Seiling expressed his interest in speeding resolution of the current problems, while assuring their assessment by an impartial third party. He indicated that he would ask Regional Council to waive the consultant approval process and hire a consultant as quickly as possible who will impartially manage JUNE 27, 1994 COUNCIL MINUTES - 303- CITY OF KITCHENER all parties affected or involved with the problem. He suggested that the initial Committee should include representation from the City, the Region and the consultant, but should not include employees of Safety- Kleen. He also advised that the Regional Health Officer will hold a public meeting in the interim to answer any questions and address public concerns. He advised that shorter term solutions are in the hands of Safety-Kleen and the City of Kitchener. In response to a question from Councillor Zehr as to when testing could begin, Chairman Seiling replied that the Region has already undertaken testing and will continue in this regard. He also advised that the urgency of this matter will be stressed to the Ministry of the Environment. Mr. William Pyatt, Regional Commissioner of Engineering, appeared and indicated that evaluation of a shortlist of consultants could begin tomorrow with a name to be selected by Thursday, June 30. Mr. W. Boettinger provided Council with an update on the City's request for status as a party to the preliminary hearings held by the Province involving the application by Safety-Kleen to expand its re- refining operation. He stated that the City has been denied party status which has been extended to him personally, and that he would welcome City involvement on his team. Councillor C. Zehr asked why Safety-Kleen had objected to the City being a participant and Mr. D. Peel stated that this was the result of a misunderstanding between lawyers for the City and Safety-Kleen. He indicated that this misunderstanding has since been resolved and that the entire issue will be revisited tomorrow. Councillor J. Smola moved, and Councillor M. Wagner seconded, clause 7 of the Public Works and Transportation Committee report of this date. Councillor J. Ziegler indicated that based on the resident's situation, Council should adopt the Committee recommendation as written. Councillor G. Lorentz indicated that he also supports the resolution without changes, as Council has an obligation to residents. Councillor C. Zehr suggested amendments to paragraph 3 of clause 7 which would have the effect of clarifying that the City is denying Safety-Kleen direct access to the pipe leading to the Forwell Pumping Station, and Councillor J. Smola accepted the suggestion as a friendly amendment. Councillor Zehr also acknowledged that the June 30 date may not be practical given the infrastructure changes required to begin trucking water waste, however, this gives an indication of Council's general expectation. He also suggested that on-going testing is also important, and expressed preference that this take place while the present flow is underway. Councillor Zehr also suggested that infrastructure design needs to be re-evaluated at the same time. Councillor G. Leadston noted that it is important for Safety-Kleen to have sufficient time to make any changes necessary to discharge at the Spring Valley Pumping Station and questioned where they would dispose of the waste material in the interim. Mr. D. Suzuki advised that the Pumping Station in question is under the control of the Region and that he is not familiar with the intake structure. Mr. W. Pyatt indicated it was his understanding that it would take between eight and ten working days to obtain the necessary materials and to refit. He noted that with only three to four days of storage at the Safety-Kleen facility, the company would either have to shut down or truck the waste water somewhere else in the interim. Mr. D. Peel also pointed out that the pumping configuration on a truck is a consideration, and pointed out that such vehicles have not been available to Safety-Kleen since it began discharging directly into the sewer system. He also suggested that in fairness to Safety-Kleen, Council would have to specify the conditions under which the Company would be allowed back on to the sewer system, since to date approximately $1.2 million has been invested in the present configuration. In response to a question from Mayor D.V. Cardillo, Mr. Peel replied that Safety-Kleen has less than five days of storage capacity on- site. Councillor J. Ziegler suggested that giving Safety-Kleen until June 30 to address the problem is reasonable in light of the problems experienced by residents, and if necessary they will have to shut down the refinery until any necessary equipment and infrastructure changes are made. Councillor C. Zehr requested a further amendment to clause 7 to indicate that the City is requesting the Region to participate in an evaluation of the relevant City infrastructure and to immediately convene the consultant selection process referred to this date. The suggestion of Councillor Zehr was accepted by Councillor J. Smola as a friendly amendment. The motion, as amended, was then voted on. Moved by Councillor J. Smola Seconded by Councillor M. Wagner That the Regional Municipality of Waterloo be asked to undertake sample testing relative to complaints of odours from the sanitary sewer in the vicinity of Graber Place to determine whether 27, 1994 COUNCIL MINUTES - 304- CITY OF KITCHENER there has been a breach of their by-law, and to immediately convene the consultant selection process intended to undertake a full study of the problems addressed herein, and to participate with City staff in evaluating the relevant City infrastructure between Graber Place and the Conestoga Parkway to ensure that there are no deficiencies in either design, construction or maintenance relative to the odour problem, and further, That Safety-Kleen Canada Inc. (formerly Breslube) be informed that, effective immediately, all material presently discharged into the City's sanitary sewer system is to be transported by truck in accordance with the disposal procedure followed prior to receiving such discharge approval, with the cost of trucking to be at the sole expense of Safety-Kleen Canada Inc., and further, That effective June 30, 1994, Safety-Kleen Canada Inc. be denied direct disposal access to the sanitary sewer pipe to the Forwell Pumping Station. Carried. A general discussion took place concerning the conditions which Safety-Kleen would be required to fulfil before being allowed direct access to the sanitary sewer system. Moved by Councillor J. Ziegler Seconded by Councillor B. Stortz That after June 30, 1994, any re-connection of Safety-Kleen Canada Inc. to allow direct access to the sanitary sewer system be subject to the following conditions: (1) That the option of transporting waste water and material presently discharged into the City's sanitary sewer system by truck be always available as an alternative in the event of a problem associated with Safety-Kleen's use of the City system; (2) That in consultation with the City and the Region of Waterloo, Safety-Kleen design an effective disposal system to eliminate all of the problems expressed by residents in connection with direct disposal into the sanitary sewer system; (3) That at its sole expense, Safety-Kleen construct, install or otherwise implement any remedial measures necessary to address the concerns of residents. Councillor Stortz questioned how this would be handled in the event part of the problem involves the City infrastructure, adding that any discussion in this regard is pre-supposing that the City is not at fault and is in effect second-guessing the outcome of any further studies. Councillor J. Ziegler acknowledged that it would be unfair to Safety-Kleen to make them totally responsible unless they were entirely at fault. Councillor Stortz suggested that Council deal with only the first two conditions in Councillor Ziegler's motion. Councillor G. Leadston asked why Council should be in a hurry to design conditions, and suggested he would be more comfortable doing this after a consultant has looked at the situation and it has been discussed by the solicitors of all parties. Councillor Ziegler agreed with the suggestion of Councillor Leadston and withdrew his previous motion. Moved by Councillor J. Ziegler Seconded by Councillor B. Stortz That staff of the City and the Region of Waterloo be directed to examine and establish conditions for allowing Safety-Kleen Canada Inc. to reconnect to the sanitary sewer system after direct access is denied on June 30, 1994. Mr. D. Peel suggested that it is unfair to penalize Safety-Kleen if the problem is the City's infrastructure. He also cautioned that the plant may not be able to afford the course of action proposed. Mr. Peel noted that two aspects of testing would relate to engineering and the presence of gas and that if normal flow is removed, it may be difficult to judge the impact of the gas problem. He also stated that it was difficult for him to understand how Safety-Kleen could ever get back onto the sewer system under the circumstances. Councillor M. Yantzi suggested that a consultant could make recommendations concerning the volume and duration of flow for testing purposes. Mr. Peel also expressed his concern that if the studies do not establish a health impact, and if they indicate that there is no direct relationship between the odour and Safety-Kleen but rather that the problem is with the City infrastructure, then his company does not want to be made responsible for repairing the City infrastructure. Councillor J. Ziegler clarified that the City JUNE 27, 1994 COUNCIL MINUTES - 305- CITY OF KITCHENER sewers are built for the use of residents in the area of Safety-Kleen and that the Region is required to provide the Company with access to sewage disposal systems under acceptable circumstances. He pointed out that only a consultant can determine the cost of the solution and any City responsibility relative to the problem. The motion by Councillor J. Ziegler, seconded by Councillor B. Stortz relative to establishing conditions for reconnecting Safety-Kleen to the sanitary sewer system was then voted on and Carried. Mr. Samuel Koblinsky appeared on behalf of The Coronet and in opposition to clause 2 of the Finance and Administration Committee report of this date which denies a request to transfer the Adult Entertainment Parlour at 1271 Victoria Street N to an alternate location in the City. Mr. Koblinsky reminded Council that the Coronet was operating at the existing location before the Adult Entertainment By-law was enacted and that the by-law was a knee-jerk reaction to a specific situation. He offered the opinion that the by-law can be amended and asked for Council's endorsement of a change of locations. He advised that The Coronet has been mercilessly harassed by area residents and suggested a conspiracy which also involves the Liquor Inspector, the Police, and the Building Division of the City of Kitchener, all of which have resulted in thousands of dollars in legal expenses, though the Coronet has been cleared of most accusations. Mr. S. Koblinsky advised that the Coronet employs between 25 and 50 people and wishes to move its premises to 400 King Street W. He characterized the downtown as a natural hub of entertainment conducive to The Coronet's revised format. Mr. Koblinsky pointed out that The Coronet is not a complete Adult Entertainment Parlour but also has a sports bar and other forms of entertainment, the percentage of which would be increased in conjunction with the move. He suggested that everyone would be satisfied as a result of a move to the downtown, and indicated that if endorsed by Council, The Coronet would agree to any further restrictions in this regard. Councillor J. Ziegler questioned whether the owners of the Coronet property would want to exercise the location's right to provide adult entertainment and Mr. Koblinsky replied that he could not answer the question, and was unsure of its relevance to the matter at hand. Councillor G. Lorentz referred to a previous written submission which indicated that in conjunction with the move, The Coronet would reduce the percentage of adult entertainment from 50% to 20%. He questioned why Mr. Koblinsky would want to offer adult entertainment when it would form only 20% of his business. He suggested that if the adult entertainment component were deleted, the permission of Council to transfer the business would not be required. Mr. Koblinsky replied that it is hard for a business in this economic climate to exist without diversity and referred to several vacant premises in the downtown. He suggested that an ideal location for his business would be an industrial area, however, the Zoning By-law would not allow this. Mrs. Melanie Bodendorfer spoke on behalf of co-workers at The Coronet, where she has been employed for two years. She noted that all employees have families who depend on their incomes and that eliminating 25-30 jobs in this economic environment would be criminal. She stressed that this is particularly unfair since the relocation is being denied on the basis of a by-law which can be amended. She stated that employees work at The Coronet because they enjoy what they do and asked that Council consider their jobs before making a final decision. Mr. Harold Stephens, a Kitchener resident, offered the opinion that adult entertainment is another form of pornography which leads to sexual abuse and crimes against children. He compared allowing a little bit of adult entertainment to allowing a little bit of violence or other criminal behaviour and suggested that this form of entertainment is neither needed nor welcomed in the City. He asked that Council deny the request to relocate The Coronet and to take steps to reduce adult entertainment. Ms. Robyn McMeekin appeared as an employee of the Coronet and indicated that she relies on her job to fund her studies at the University of Waterloo. In response to a comment made by the previous delegation on the relationship between pornography and sexual crimes, Ms. McMeekin offered the opinion that the type of entertainment offered by The Coronet has never been proven to have an effect in this regard. Moved by Councillor C. Zehr Seconded by Councillor G. Lorentz That clause 2 of the Finance and Administration Committee report of this date be adopted. Councillor B. Stortz advised that he has spoken with the lawyer for the new owners of 1271 Victoria Street JUNE 27, 1994 COUNCIL MINUTES - 306- CITY OF KITCHENER N, who has indicated the building lease will end shortly, after which the Coronet will cease to exist. He added that the new owner will renovate and has no interest in retaining the adult entertainment parlour designation. He suggested that to date the Adult Entertainment By-law has served the City well, and to entertain changes at this time would undermine its effectiveness. Councillor J. Ziegler indicated that he would not support the recommendation on the basis that a City of this size can support a variety of entertainment. He also indicated that he would support an appropriate alternate location subject to input from the community. Councillor G. Leadston referred to a letter from the Kitchener Downtown Business Association dated June 27, 1994 which was circulated to Members of Council this date and indicates that the Board of Directors oppose any attempt to move the Coronet and relocate it in the downtown. Councillor C. Zehr pointed out to the delegations that any decision to cease operating The Coronet is that of the owner and not Kitchener Council. A recorded vote was requested. The motion by Councillor C. Zehr, seconded by Councillor G. Lorentz to adopt clause 2 of the Finance and Administration Committee report of this date was put to a vote. In favour: Councillors B. Stortz, M. Wagner, M. Yantzi, J. Smola, G. Leadston, C. Zehr, G. Lorentz and C. Weylie. Contra: Mayor D.V. Cardillo and Councillor J. Ziegler. Carried. Mr. Murray Steben appeared concerning clause 3 of the Finance and Administration Committee report of this date relative to relief from tax arrears owing and the issue of the penalty rate charged by the City. Council was also in receipt of a report from Mr. J. Gazzola dated June 23, 1994 concerning rates of interest and penalties on tax arrears which was requested on June 20, 1994 by the Finance and Administration Committee. Mr. Steben offered the opinion that there should be a fairer means of establishing a rate of interest or penalty then arbitrarily selecting a percentage figure and maintaining that figure irrespective of the current bank rate. He suggested that the City's approach should be more flexible and reflect the current economic climate. He suggested that a 15% rate is too high and is sending the wrong message to both himself and others in similar circumstances. Mr. Steben disagreed with the comment in Mr. Gazzola's report that a lower rate would translate into an increase number of delinquent accounts, and suggested that a lower rate could have the opposite effect. In response to a question from Councillor J. Ziegler, Mr. J. Gazzola advised that historically the municipality has had two options regarding interest and penalty rates, the first is the opportunity under the Interest and Penalty Act to set rates in relation to the prime lending rate. Alternately, the municipality would have recourse to the Municipal Act and the 15% rate. Councillor Ziegler enquired whether this was still the case and Mr. Gazzola replied that he was unsure and would have to make further enquiries. Councillor Ziegler asked whether it would be possible to consider a 15% rate for the first year and a lesser rate for the second year, on the understanding that in the third year, the City would have the authority to sell the property for tax arrears. Mr. Gazzola explained that overdue taxes in the first year are considered a penalty with a rate not to exceed 15%. In subsequent years, the amount owing is considered interest and the City must charge a minimum of 6% up to a maximum of 15%. Councillor Ziegler asked what the impact on the mill rate would be if the City instituted a 12% rate in the second year, and Mr. Gazzola estimated that there would be an impact of approximately $85,000 to $90,000. Councillor C. Weylie asked whether relief could be granted by discounting the amount owing if it is paid by a certain date. Mr. Gazzola replied that this could only be done through a grant, and in the interest of fairness such an option should be offered to all ratepayers. In reference to a statement in Mr. Gazzola's report, Councillor C. Zehr asked whether he was certain the municipality can only set or change an interest rate once every year, and Mr. Gazzola replied in the affirmative. Councillor G. Leadston suggested that the matter could be referred to staff for further investigation into alternative payment methods. Moved by Councillor J. Ziegler Seconded by Councillor C. Zehr JUNE 27, 1994 COUNCIL MINUTES - 307- CITY OF KITCHENER That as part of the 1995 Budget process, the June 23, 1994 report of Mr. J. Gazzola be recirculated to the Council of the day with the suggestion that consideration be given to establishing a different rate for a penalty charge in year one as opposed to an interest charge in subsequent years. Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler That the report of the Planning and Economic Development Committee of Council of this date be adopted. Councillor Weylie referred to proposed changes of wording relative to clauses 1 and 6, the former as outlined in a memorandum from Mr. T. Boutilier dated June 27, 1994. Councillor Weylie read the proposed changes, and by general consent clauses 1 and 6 were so amended. The amended report was then voted on clause by clause. Clause 2 - Dealt with under delegations and Carried on a recorded vote. In Favour: Councillors C. Zehr, B. Stortz, M. Wagner, M. Yantzi, J. Smola, G. Leadston, J. Ziegler, C. Weylie. Contra: Mayor D.V. Cardillo. Clause 4 - Dealt with under delegations and Carried, as amended. Clauses 1 & 6 - Carried, as amended. Recorded conflicts and abstentions: Clauses 2 & 3 - Councillor G. Lorentz as his parents live within the area affected by the West Side Study. Moved by Councillor G. Lorentz Seconded by Councillor C. Zehr That the report of the Community Services Committee of this date be adopted. Councillor M. Wagner asked that clause 2 be dealt with separately and indicated he was opposed to keeping the Lawn Bowling Club at the Rockway Golf Course. Councillor Wagner suggested that such a course of action will cost the City money in both the long and the short terms, beginning with $500,000 in near term renovations. Councillor G. Lorentz clarified that this issue was dealt with at the Community Services Committee and staff were asked to report at the July 4, 1994 meeting with a breakdown of associated costs. He also suggested that it is unfair to discuss the matter further as all of the parties involved are not in attendance this date. Mayor D.V. Cardillo suggested that there is nothing in the minutes to indicate the report referred to by Councillor Lorentz was requested. He also asked the City Clerk to comment on whether Notice of Motion would be required to relocate the Lawn Bowling Club in the event clause 2 of the report of this date is adopted. Mr. R.W. Pritchard responded that the wording "at this time" implies a temporary measure, and in his opinion Notice of Motion would not be required. Councillor Lorentz asked for clarification of the information requested at the Community Services Committee meeting. Mr. T. Clancy confirmed that a report will be presented to the Committee on July 4, 1994 which will re-evaluate the business plan and renovations. Councillor Wagner questioned whether the lawn bowlers who were in attendance at the Committee meeting had been left with the wrong impression concerning site selection. Councillor G. Leadston asked that Mr. Clancy also comment on the possibility of relocating both Lawn Bowling Clubs to a single site at the corner of Spadina and Highland. Councillor B. Stortz suggested that it is unfair to add additional sites at this time. The report was then put to a vote. JUNE 27, 1994 COUNCIL MINUTES - 308- CITY OF KITCHENER Voted on Clause by Clause. Clause 1 - Dealt with under delegations and Carried. Clause 2 - Carried. Balance of report - Carried. 3. Moved by Councillor C. Zehr Seconded by Councillor G. Lorentz That the report of the Finance and Administration Committee of this date be adopted. Councillor C. Zehr read revised wording relative to clause 6 as it relates to traffic calming measures proposed for Heritage Drive, and by general consent, Council agreed to the amendment. The report was then voted on clause by clause. Clause 1 - Dealt with under delegations and Carried on a recorded vote. In Favour: Councillors B. Stortz, M. Wagner, M. Yantzi, J. Smola, G. Leadston, C. Zehr, G. Lorentz and C. Weylie. Contra: Mayor D.V. Cardillo and Councillor J. Ziegler. Clause 2 - Dealt with under delegations. Clause 5 - Dealt with under delegations and Carried, as amended. Balance of report - Carried. 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 C. Weylie asked that clause 3 as it relates to the resurfacing of Trussler Road be dealt with separately, and questioned why deferral is being recommended. Councillor J. Smola advised that deferral is at the request of Councillor T. Galloway. Mr. G. Sosnoski clarified that Councillor Galloway had indicated that the project is being proposed without the input of residents and is within one of the Study areas, the Local Architectural Conservation Advisory Committee is considering as a heritage conservation district. Councillor Smola added that in this regard a presentation will be made by Wilmot Township Councillor Lynn Myers at the July 4 Public Works and Transportation Committee meeting. The report was then voted on clause by clause. Clause 1 - Dealt with under delegations and no action taken. Clause 3 - Carried. Clause 7 - Dealt with under delegations and Carried, as amended. Balance of report - Carried. Councillor B. Stortz enquired as to the status of the Curling Hall of Fame proposal and Councillor M. Wagner replied that interim financing has been approved, and negotiations can proceed. Councillor C. Zehr referred to a recent Court decision which struck down the City's Noise By-law. He suggested that the decision be appealed by the City and that the by-law be again reviewed. He indicated his frustration and dis-satisfaction with the decision of the Justice of the Peace in this particular instance. He asked that a report in this regard be included as part of the agenda for the next Finance and Administration Committee meeting. JUNE 97, 1994 COUNCIL MINUTES - 309- CITY OF KITCHENER Councillor C. Zehr referred to a recent Municipal Alert publication relative to the Province's intention to charge municipalities for supplementary assessments, at a combined yearly cost of approximately $18,000,000. He characterized this action as a further downloading of Provincial costs onto municipalities and it was noted that the Association of Municipalities of Ontario was not consulted or informed was being considered before the Minister of Finance announced a decision by the Provincial Cabinet. Moved by Councillor C. Zehr Seconded by Councillor B. Stortz That the Minister of Finance be informed that the City of Kitchener strongly disapproves of both the Province's decision to download the cost of supplementary assessments onto municipalities, and the complete lack of consultation with municipalities in this regard, and in the event the Province does not reverse its position, requests that the current legislation be amended to allow the financial implications of this downloading to be shared between local municipalities, Regional Municipalities and local school boards, and further, That copies of this resolution be forwarded to the Association of Municipalities of Ontario, the Minister of Municipal Affairs and Local Members of Provincial Parliament. Carried. It was also indicated that the above resolution should be sent directly to the Resolutions Committee of the Association of Municipalities of Ontario for immediate referral to the AMO Board of Directors. Councillor C. Weylie enquired whether a meeting of the Planning and Economic Development Committee which is convened by public notice can in fact take place if it commences one to two hours after the advertised time. Mr. R.W. Pritchard noted that a meeting of Council cannot proceed if there is no quorum within 30 minutes of the starting time. He asked for additional time to consider the question and report back. Moved by Councillor G. Leadston Seconded by Councillor C. Zehr That pursuant to clause 25.4.11 of Chapter 25 (Council Procedure) of the City of Kitchener Municipal Code, the Council meeting this date be extended past the midnight deadline. Carried Unanimously. Members of Council concurred with the request of Mr. R.W. Pritchard to delete the by-law from the agenda which was listed as item (k) (154 Victoria Street South) for three readings this date. Moved by Councillor C. Weylie Seconded by Councillor G. Leadston That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to close Wilson Avenue between Wilson Arena parking lot and the cul-de- sac to vehicular traffic on a temporary basis for social, recreational, community or athletic purposes (b) Being a by-law to close Market Lane between Eby Street and Scott Street to vehicular traffic on a temporary basis for social, recreational, community or athletic purposes (c) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (d) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (e) To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof JUNE 27, 1994 COUNCIL MINUTES -310- CITY OF KITCHENER (f) (g) (h) (i) (J) (k) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement Being a by-law to exempt certain lots from Part Lot Control - Lots 98 to 101 inclusive, Registered Plan 1770 - Ridgeway Crescent Being a by-law to exempt certain lots from Part Lot Control - Lots 113, 123 and 124, Registered Plan 1773 - Schueller Street Being a by-law for licensing, regulating and governing persons who carry on the business of leasing portable signs Being a by-law to amend By-law 76-21, as amended, regarding assessment for Downtown Snow Shovelling To confirm all actions and proceedings of the Council and that the same be taken as read a first time and stand referred to the Committee of the Whole. Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor D.V. Cardillo appointed Councillor B. Stortz as Chairman. On motion, the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the Chair. Moved by Councillor B. Stortz Seconded by Councillor G. Lorentz That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed. Carried. Moved by Councillor C. Weylie Seconded by Councillor G. Leadston That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to close Wilson Avenue between Wilson Arena parking lot and the cul-de- sac to vehicular traffic on a temporary basis for social, recreational, community or athletic purposes (By-law No. 94-110) (b) Being a by-law to close Market Lane between Eby Street and Scott Street to vehicular traffic on a temporary basis for social, recreational, community or athletic purposes (By-law No. 94-111 ) (c) 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. 94-112) (d) 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. 94-113) JUNE 27, 1994 COUNCIL MINUTES - 311- CITY OF KITCHENER (e) (f) To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof (By-law No. 94-114) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement (By-law No. 94-115) (g) (h) (i) (J) (k) Being a by-law to exempt certain lots from Part Lot Control - Lots 98 to 101 inclusive, Registered Plan 1770 - Ridgeway Crescent (By-law No. 94-116) Being a by-law to exempt certain lots from Part Lot Control - Lots 113, 123 and 124, Registered Plan 1773 - Schueller Street (By-law 94-117) Being a by-law for licensing, regulating and governing persons who carry on the business of leasing portable signs (By-law No. 94-118) Being a by-law to amend By-law 76-21, as amended, regarding assessment for Downtown Snow Shovelling (By-law No. 94-119) To confirm all actions and proceedings of the Council (By-law No. 94-120) be taken as read a third time, be finally passed and numbered serially by the Clerk. Carried. On motion, the meeting adjourned. MAYOR CLERK PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 1. 1. That the Recommendations contained in Staff Report PD 94/15, and Official Plan Amendment Application 94/2 (Doon South - Brigadoon Transportation Network Corridor) be refused. That the network of Transportation Corridors, as recommended in Exhibit II of the Addendum to the Doon South - Brigadoon Network and Corridor Study (May, 1994) and attached to this Staff Report, be approved. That the Doon South - Briqadoon Transportation Network and Corridor Study (January, 1994) together with the Addendum (May, 1994) be forwarded to the Region of Waterloo for endorsement, and inclusion in the current ROPP Review. That Staff be directed to initiate a detailed design study of Tilt, Stauffer, Dodge, and Groh Drives, in conjunction with representatives of LACAC and affected property owners of the Doon South Community Plan, to examine: a) the planned functions of the Scenic Roads including roadway volumes, geometrics, vehicular and pedestrian safety; b) the integration of the Scenic Road functions and the Stauffer Log Cabin with surrounding planned Doon South Community (land use, collector and local roadway pattern, landscape and tree saving plans, subdivision and development controls, etc.); and c) the integration of the recommendations of the Doon South Creek Sub-Watershed Study. That the City of Kitchener request the Regional Municipality of Waterloo to modify the Kitchener Municipal Plan to incorporate the revised Collector Road System for the Doon South Community. Further, that the Doon South Community Plan be amended to incorporate the revised Collector Road System. That Doon South Drive, from its current terminus to the West to South Collector be planned as two lane collector road with a right-of-way of 26 to 28 meters. That the existing portion of New Dundee Road (east of Pinnacle Hill) not be closed, and that it meet with the new realigned New Dundee Road with a "right-in, right-out" intersection. That the City of Kitchener conduct a Class Environmental Assessment in accordance with the Environmental Assessment Act to determine the precise alignments for the following roadways: i) West to South Collector Road, from Strasburg Road to New Dundee Road; and ii) Strasburg Road from a point north of Stauffer Drive to Reidel Drive. In addition to the normal requirements, the Environmental Assessment studies for these roadways will include a Heritage Impact Assessment, in accordance with Sctions 5.3.15, 5.3.17, and 5.3.18 of the Kitchener Municipal Plan. That the Alignment of Strasburg Road from its current terminus south of Trillium Drive to a point just north of Stauffer Drive be reconfirmed as: i) concluded in the "Transportation Planninq and En,qineerin,q Study - Huron Industrial Development", prepared by Marshall Macklin, Monaghan Limited, August 1982; 1. (Cont'd) ii) approved in the "Secondary Plan for Huron Business Park and Transportation and En,qineerin,q Study, Huron and Strasbur,q Roads" (PD 93/82), February 14, 1983 (City Council) and September 15, 1983 (Regional Council); and iii) approved in the "Bri,qadoon Community Plan" (PD 54~88), April 15, 1991 (City Council) and JUNE 27, 1994 COUNCIL MINUTES -313- CITY OF KITCHENER COUNCIL MINUTES JUNE 27, 1994 - 313 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL June 13, 1991 (Regional Council). It is the opinion of this Committee that the approval of these recommendations is proper planning for the City. (As Amended) That with respect to the staff recommendations in PD 94/54 as they affect the Weiland property et al in the vicinity of Trussler Road and Ottawa Street, the line between the Rural/Urban Settlement Areas be coincident with the servicing line as defined by the "City of Kitchener - West Side Study Trussler/South Plains Area - Servicinq Study", prepared by Para,qon En,qineerin,q Ltd., (Dealt with under Delegations and Carried) That Official Plan Amendment 94/1 which recommends that the West Side Study Area be designated Agricultural, Major Open Space, Business Park, Major Institutional and Low Density Residential, be approved, subject to: 1) That CPA 94/1 be revised to recommend that the Boundary between Settlement Policy Areas "A" & "E" in the Regional Official Polices Plan be refined to be coincident with the identified gravity sanitary servicing limits of the Strasburg and the Borden Trunk Sewer Systems, as defined by the "City of Kitchener - West Side Study Trussler/South Plains Area - Servicin,q Study", prepared by Para,qon En,qineerin,q Ltd, July, 1991. 2) That CPA 94/1 be revised to designate those lands on the south side of Bleams Road, west of Gehl Place and within the defined gravity servicing limits of the Strasburg Trunk Sanitary Sewer System, as "Business Park". Further, that staff meet with representatives of Select Sand and Gravel to precisely determine the extent of lands presently in aggregate extraction which are within the natural gravity servicing limits of the Strasburg Trunk Sanitary Sewer System, and such lands to be designated "Business Park" in CPA 94/1. 3) That the attached revised Schedule "A" (which amends the Kitchener Municipal Plan) be incorporated into CPA 94/1, and the previous Schedule "A" (which amended the Official Plan) be deleted. That the City of Kitchener request the Regional Municipality of Waterloo to incorporate this Amendment together with the revised Schedule "A" into the Kitchener Municipal Plan by Modification at the time of approval of the Municipal Plan. That Official Plan Amendment 90/6 - Cybau Holdings Inc. and Official Plan Amendment 91/6 Hesch Farm that seek to designate lands located in the Dundee Planning Community as Low Density Residential, be refused. It is the opinion of this Committee that the refusal of these applications is proper planning for the City. A) That the "Brigadoon Community Plan" be revised as follows: a) That a new section be added to the Brigadoon Community Plan immediately following Section 10 as follows: 3.11 "Community Institutional" (Cont'd) 3.11.1 That Community Institutional uses be located as shown on Map 1. This allows such uses as single detached dwellings, duplex dwellings, JUNE 27, 1994 COUNCIL MINUTES -314- CITY OF KITCHENER COUNCIL MINUTES JUNE 27, 1994 - 314- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL semi-detached dwellings, multiple dwellings, educational establishments, religious institutions, small and large residential care facilities, health offices, health clinics, veterinary services, social service establishments, artisans establishments, day care facilities, private home day care and home businesses. b) That Map 1 dated April, 1994, Brigadoon Community Plan be revised to redesignate the 1.2 hectare parcel of land from Multiple Residential (100 uph) to Community Institutional and a second parcel of land from Neighbourhood Institutional to Low Density Residential. B) That Zone Change Application 88128/HIZJ (Hallman Aberdeen Limited) requesting a change in zoning from Agricultural (A) according to Township of Waterloo By-law 878A to Restricted Residential (R2A) with special regulations, Semi-Restricted Residential (R2B) with a special list of uses and special regulations, and Semi-Restricted Residential (R2) according to By-law 4830; and to Neighbourhood Shopping Centre (C-2), Community Institutional (I-2) and Hazard Land (P-3) according to By-law 85-1 on Part Lots D, 13, 173, 174 and 181 and Part of William Street (closed by By-law 1009, Instrument Number 254297), Part of Road (closed by By-law 429-A, Instrument Number B-33291), Registered Plan 640 and Blocks 84 and 87 of Registered Plan 1582, Block 130, Registered Plan 1640, and Part of Lots 7 and 11, Biehn's Tract in the form shown in the "Proposed By-laws" attached dated May 24, 1994, as revised June 20, 1994, with respect to the proposed by- law to amend By-law 4830, so as to add an additional phrase at the end of subsection 2(i) of the notwithstanding clause differentiating part lots on Street Nine that are subject to a 5 metre setback from the rear property line abutting the open space lands zoned Hazard Land, be approved, subject to the Subdivision Agreement conditions contained herein in C) below. 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-88007 (Hallman Aberdeen Limited) be recommended to the Regional Municipality for Draft Approval subject to the following conditions: That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined in the attached plan of the subdivision and that the following conditions shall be written therein. The Subdivider covenants and agrees: 51. That the final plans for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated 94 05 17, providing that minor amendments to said plan, acceptable to the General Manager of the Department of Planning and Development and not affecting the numbering of Lots or Blocks, may be permitted without an amendment to this agreement. 52. To submit a Lot Grading Plan and a Drainage Control Plan for the approval of the City's Commissioner of Public Works in consultation with the Department of Parks and Recreation and the Grand River Conservation Authority, prior to each registration of the Plan of Subdivision. The Subdivider agrees that grading provision for community trails to the satisfaction to the Department of Parks and Recreation shall be included in the Grading and Drainage Control Plan. 4. (Cont'd) JUNE 27, 1994 COUNCIL MINUTES -315- CITY OF KITCHENER COUNCIL MINUTES JUNE 27, 1994 - 315- CITY OF KITCHENER 53. 54. REPORTS ADOPTED BY COUNCIL To submit for the approval of the City's Commissioner of Public Works, in consultation with the Department of Parks and Recreation and Grand River Conservation Authority, a detailed engineering design for storm water management in accordance with the approved concept plan. Said engineering design shall include provision of any required erosion and siltation control features to be installed both during and after grading and construction stages. The Subdivider further agrees to implement all required measures as outlined in the approved final design. That the design and construction of the subdivision shall be undertaken in accordance with the Environmental Implementation Report (EIR), prepared by MTE Consultants, dated February 1993 and its Addendum dated November 12, 1993. In particular, the following special conditions shall apply: a) The final Storm Water Management design shall meet the Storm Water Management objectives, concepts and techniques included in the EIR. A final Storm Water Management Report demonstrating compliance with the EIR shall be prepared for the approval of the City and the Grand River Conservation Authority. b) Site specific Storm Water Management criteria outlined in the EIR shall be included as conditions in Site Plan Approval for Block 1, Stage 6; Block 1, Stage 9; Block 1, Stage 10. Additional requirements may be necessary if the development densities of these blocks exceed those assumed in the EIR. Further, any blocks developed within the Subdivision Plan at densities higher than those assumed in the EIR may require on-site Storm Water Management to meet the criteria of the EIR. c) An Environmental Protection and Erosion Control Plan demonstrating how the existing fishery and wetlands are to be protected during construction shall be prepared to the satisfaction of the City and Grand River Conservation Authority. d) The Subdivider shall install permanent markers delineating all setback and environmentally sensitive areas prior to any grading taking place. e) The slope stability of Street Three immediately west of Biehn Drive shall be addressed by geotechnical engineering consultant during final design. f) The Subdivider will be responsible for submitting a final report demonstrating compliance with the EIR at the final design stage for the approval of the City and the Grand River Conservation Authority. g) A phased groundwater elevation monitoring program shall be developed in conjunction with the Regional Municipality of Waterloo and the Grand River Conservation Authority. Ongoing responsibility of the monitoring program shall be the responsibility of the Region. h) The Subdivider shall prepare an information package for inclusion in all Agreements of Purchase and Sale. The package will outline the environmental characteristics of the area and specific measures such as dry wells that home owners shall implement and maintain in order to protect the Strasburg Creek Environment. The Subdivider shall submit the information package to the Department of Public Works in consultation with the City's Director of Buildings and Inspections for review and approval prior to registration of Stage 1 of the Subdivision Plan. 4. (Cont'd) JUNE 27, 1994 COUNCIL MINUTES -316- CITY OF KITCHENER COUNCIL MINUTES JUNE 27, 1994 - 316- CITY OF KITCHENER 55. 56. 57. 58. Sta,qe a) b) c) d) REPORTS ADOPTED BY COUNCIL To submit a Landscaping/Rehabilitation Plan demonstrating the protection measures and rehabilitation actions to be taken in and around Block 16 (Stage 1), Storm Water Management Pond to the Department of Parks and Recreation and the Grand River Conservation Authority, prior to registration of Stage 1 of the Subdivision Plan. Further, the Subdivider agrees to complete the landscaping/rehabilitation, at its cost, in accordance with the approved plans as part of the storm water management project. To construct 1.5 metre wide concrete sidewalks along the following streets to the satisfaction to the City's Department of Public Works: a) Along both sides of Streets Two, Three, Four, Five and Six; b) Along the northerly side of Street Seven from Street Five to Walkway Block 6 (Stage 5); c) Along the southerly side of Street Eight from Street Five to Walkway Block 12 (Stage 1 ); d) Along the southerly side of Street Nine from Street Three to Walkway Block 3 (Stage 3A). e) Along the easterly side of Strasburg Road as it abuts the plan of subdivision. That the street names within the Plan of Subdivision shall be approved by City Council prior to registration of Stage 1 of the Plan of Subdivision. 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 relevant stage of the Subdivision Plan as noted: 1: Block 15 for Open Space purposes, Block 16 for Storm Water Management purposes, Blocks 19-39 inclusive for 0.3 metre reserve purposes; The wetland buffer/floodplain lands located immediately south of the plan extending generally to the south limit of the floodline of Strasburg Creek, and the immediately abutting section of Strasburg Road to this limit, to the City, prior to registration of Stage 1 of the Subdivision Plan. Sta,qe 2: a) Block 11 for Open Space purposes; Sta,qe 3B: a) Block 5 for 0.3 metre reserve purposes; Sta,qe 4: a) Block 4 for 0.3 metre reserve purposes; COUNCIL MINUTES JUNE ~7, 1994 - 317 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 4. (Cont'd) Sta,qe 5: a) Blocks 8-10 inclusive for 0.3 metre reserve purposes; Sta,qe 7: a) Block 6 for 0.3 metre reserve purposes. 59. To notify all purchasers of Blocks 12-14 inclusive (Stage 1), Block 3 (Stage 2) and Block 1 (Stage 3A) by including in Offers of Purchase/Agreement of Sale a warning clause stating that due to slopes and environmental impact at the rear of the property and the potential for soil erosion that additional zoning restrictions have been imposed stipulating that no structures, buildings and/or swimming pools be located within 5 metres of the rear property line of Blocks 12 and 13 (Stage 1), Block 3 (Stage 2) and Block 1 (Stage 3A) and within 10 metres of the rear property line of Block 14 (Stage 1 ). 60. That construction traffic to and from the proposed subdivision for all stages shall be prohibited from using Huron Road east of the future Strasburg Road or Biehn Drive. All construction traffic shall also be prohibited from using other internal residential streets in the existing community. The Subdivider agrees to advise all relevant contractors, builders and other persons of this requirement and the Subdivider being responsible for any signage where required, all to the satisfaction of the Director of Traffic and Parking Services. 61. That in consideration of the wooded character of portions of the subdivision lands 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 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 the Department 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 of this agreement and the City agrees to coordinate engineering and tree saving objectives between the relevant City departments in order to reach a satisfactory Grading Control Plan. The plan submitted to the General Manager of the Department of Parks and Recreation shall show: 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 con- struction vehicular access; v) Location and description of tree protection measures to be implemented around specified work zones. The Subdivider agrees that no work, road construction or any grading within the subdivision shall occur until such time as all measures for the protection of trees effected by such construction or grading have been implemented to the satisfaction of the Department of Planning and Development. JUNE 27, 1994 COUNCIL MINUTES -318- CITY OF KITCHENER COUNCIL MINUTES JUNE 27, 1994 - 318- CITY OF KITCHENER 4. (Cont'd) 62. 63. REPORTS ADOPTED BY COUNCIL vi) Location of proposed stock piles of excavation materials. b) Prior to the Subdivider applying for or being issued a building permits for any particular lot containing trees worth saving as shown on the Grading Control Plan approved by the General Manager of the Department of Parks and Recreation, a tree saving/site plan for the particular lot shall be submitted to and approved by the Department of Planning and Development. Said plan(s) shall show: Delineation of "work zones"; being defined as areas to be disturbed due to site, final grading, excavation, installation of services or construction vehicular access. of ii) Approximate location, size, species and condition of all existing trees greater than 100 DBH which are required within a 6.0 metre band around the defined work zones. iii) Indication of which trees are to be saved within a 6.0 metre band around the work zones, such trees being tagged, or similarly identified in the field by the Subdivider. iv) Location and description of tree protection measures to be implemented within each particular lot around the work zones. The Subdivider agrees to implement at his cost, approved tree protection measures prior to any site grading, excavation, or construction occurring on the particular lot. v) The location of proposed stock piles of excavation materials. 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 the Department of Parks and Recreation or as shown on the approved tree saving/site plan(s) without the permission of the City. Furthermore, the Subdivider agrees to provide the relevant builders and prospective purchasers a copy of the Grading Control Plan approved by the General Manager of the Department of Parks and Recreation and a copy of the approved tree saving/site plan(s) where applicable. To install a permanent 1.2 metre high, page-wire fence or an alternate marking system to the satisfaction of the City's Department of Parks and Recreation along the flankage and/or rear lot lines of Blocks 1, 12-14 inclusive (Stage 1), Blocks 1-5 inclusive (Stage 2), Block 2 (Stage 4), Block 5 (Stage 5), Blocks 4 and 5, (Stage 7) and Blocks 1-5 (Stage 8) where such lot lines abut Open Space or Storm Water Management blocks. That as no parkland dedication or cash-in-lieu contributions are being required from this Plan of Subdivision, the subdivider agrees to provide a minimum 1.39 hectare park dedication in the next subdivision development located to the south of Strasburg Creek within Subdivision Application 30%88006, in addition to the park dedication required from those lands. An ancillary agreement setting out this requirement shall be registered on said southerly lands prior to registration of Stage 1 of this Plan of Subdivision. COUNCIL MINUTES JUNE 27, 1994 - 319- CITY OF KITCHENER COUNCIL MINUTES JUNE 27, 1994 - 319- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 4. (Cont'd) 64. To install a 1.2 metre high temporary snow fencing along the limits of residential lots/blocks and Street Three which abuts Blocks 15 and 16 (Stage 1), Block 11 (Stage 2) and Strasburg Creek and between Storm Water Management Block 16 (Stage 1) and the open space lands. The Subdivider shall be responsible for installing the appropriate signs every 45 metres noting that there shall be no dumping in this area; with installation to the satisfaction of the Department of Parks and Recreation prior to any area grading or building permits being issued. The Subdivider shall be responsible for the removal of all material dumped in this area and the temporary fencing shall be removed following completion of all construction within the plan area. 65. That the Plan of Subdivision shall be registered in ten (10) separate registered plans shown as Stages 1 through 10 on the attached Plan of Subdivision and the following special conditions shall apply in addition to the normal City requirements and other conditions contained herein: Sta,qe 1: a) That prior to the issuance of any building permits for Stage 1, and subject to the financing provisions of Clause 67, the Subdivider shall be responsible for the extension of Strasburg Road from its present terminus southerly to the intersection of Street Two all to the satisfaction of the City's Commissioner of Public Works. Any part of this section of Strasburg Road not dedicated as 'public highway' by plan registration shall be opened by By-law prior to building permits being issued. b) That the City of Kitchener agrees to sign the Stage 1 plan to dedicate as 'public highway' a parcel of land being 0.02 hectares which is to be included as part of Street Three. c) That the design of Street Three be a 20 metre right-of-way and that it taper down to an 18 metre right-of-way immediately west of Biehn Drive to the satisfaction of the Commissioner of Public Works. d) That the full 26 metre right-of-width of Strasburg Road north of Huron Road to its present terminus be acquired and conveyed to the City of Kitchener prior to registration of Stage 1 of the Plan of Subdivision. Sta,qe 2: a) That Stage 2 shall be registered immediately consecutively with or subsequent to the registration of Stage 1. In the event that Stage 2 is registered consecutively with Stage 1, .3 metre reserves, Blocks 36 and 38, (Stage 1) will not be required. Stapes 3A and 3B: a) Further, Stages 3A and 3B may be registered in any order following the registration of Stage 1. b) To construct a temporary turning circle to City standards on Block 3 (Stage 3B) 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 once Street Two is extended northerly. No building permits shall be issued for Block 3 until the turning circle is removed. JUNE 27, 1994 COUNCIL MINUTES - 3~0- CITY OF KITCHENER COUNCIL MINUTES JUNE 27, 1994 - 3~0- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Sta,qe 4: a) That Stage 4 shall be registered immediately consecutively with or subsequent to the registration of Stage 1. In the event that Stage 4 is registered consecutively with Stage 1, .3 metre reserve Block 33, Stage 1 will not be required. (Cont'd) Sta,qe 5: a) That Stage 5 shall be registered immediately consecutively with or subsequent to the registration of Stage 4. In the event that Stage 5 is registered consecutively with Stage 4, .3 metres reserve Block 4, (Stage 4) will not be required. b) To construct a temporary turning circle to City standards on Block 7 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 once Street 5 has been extended westerly. c) To construct a temporary/emergency access across Block 6 (Stage 5) and Block 18 (Stage 1) prior to issuance of any building permits for Stage 5. Said temporary/emergency access shall be removed only upon the completion of Street Five westerly to a completed Strasburg Road from Street Two to Street Five (Stages 1 and 7) to the satisfaction of the Commissioner of Public Works. Sta,qe 6: a) That Stage 6 shall be registered immediately consecutively with or subsequent to the registration of Stage 1. In the event that Stage 6 is registered consecutively with Stage 1, .3 metre reserve Block 34, Stage 1 will not be required. 67. That Block 2, be reserved for future development purposes and merged with the abutting lands either to the east or the west to form a consolidated land parcel for development. Sta,qe 7: a) That Stage 7 shall be registered immediately consecutively with or subsequent to the registration of Stage 5. In the event that Stage 7 is registered consecutively with Stage 5, .3 metres reserve Blocks 26 and 33 (Stage 1), Block 4 (Stage 4) and Block 8 (Stage 5) will not be required. b) To construct Strasburg Road from its terminus at Street Two in a southerly direction to the southern limits of the Subdivision Plan to the satisfaction of the Department of Public Works prior to any building permits being issued for Stage 7. Sta,qe 8: a) That Stage 8 shall be registered immediately consecutively with or subsequent to the registration of Stage 7. In the event that Stage 8 is registered consecutively with Stage 7, .3 metre reserve Block 9 (Stage 5) and Block 6 (Stage 7) will not be required. Sta,qe 9: a) That Stage 9 shall be registered immediately consecutively with or subsequent to the registration of Stage 1. In the event that Stage 9 is registered consecutively with Stage 1, .3 metre reserve Blocks 26, 28-30 inclusive (Stage 1), Block 4 (Stage 4), and Block 8 (Stage 5) will not be required. COUNCIL MINUTES JUNE 27, 1994 - 321- CITY OF KITCHENER COUNCIL MINUTES JUNE 27, 1994 - 321- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Sta.qe 10: a) That Stage 10 shall be registered immediately consecutively with or subsequent to the registration of Stage 1. In the event that Stage 10 is registered consecutively with Stage 1, .3 metres reserves Blocks 19, 20, 21,26 and 27 (Stage 1) will not be required for a reserve. 4. (Cont'd) 66. To submit a design for the interim upgrading of the Old Huron Road/Homer Watson Boulevard intersection and the proposed improvements to the existing Huron Road between Homer Watson Boulevard and Strasburg Road to the approval of the City's Commissioner of Public Works and the Regional Commissioner of Engineering prior to registration of Stage 1 of the Plan of Subdivision. The approved interim intersection design and improvements to existing Huron Road shall be completed to the satisfaction of the City's Department of Public Works and the Regional Commissioner of Engineering and open to public use at no cost to the City or the Region of Waterloo prior to the issuance of any building permits in this Plan of Subdivision. In the event the Homer Watson Boulevard widening project by the Region proceeds, then this condition is not required. 67. That if insufficient money is available in the City's Development Charge Account to permit the City to fund the extension of Strasburg Road, from its present terminus to the southern limits of the subdivision, the oversizing part of the 300 mm watermain along Strasburg Road in the same location and the extension of the Strasburg Creek Sanitary Trunk Sewer westerly from Biehn Drive, the Subdivider agrees to be responsible for up-fronting all costs related for these services. In this regard, the City will be responsible for 100% of the cost of the extension of Strasburg Road from its present terminus to the southern limits of the subdivision, the oversizing part of the 300 mm watermain along Strasburg Road in its same location and the extension of the Strasburg Creek Sanitary Trunk Sewer westerly from Biehn Drive. Accordingly, the City hereby agrees to recognize any money paid by the Subdivider for any work or services which would normally be assessed against City's Development Charge reserve, with such monies are presenting a credit towards any City Development Charge required for development within each lot or block. The offset will be made by the City only as a credit with respect to monies required to be paid for Development Charges for development within the plan. Said offsets shall be charged initially against that portion of the applicable Development Charge with respect to Engineering Services required to be paid prior to the City's release of the Plan of Subdivision for registration. Any remaining offset will be credited against that portion of the applicable Development Charges which is required to be paid at the time of issuance of building permits. In this regard, the Subdivider shall provide to the City, a list of those lots or blocks to which credit will be assigned and the Subdivider shall enter into a Supplementary Agreement with the City outlining the aforementioned, with the offset to be registered against title of each specified lot or block, prior to the registration of Stage 1 of the plan. The same approach shall be repeated for the registration of each Stage, with any outstanding offset balance remaining within the lands for any future credit upon additional development after the entire plan has been registered and all permits issued not being paid in actual monies by the City. Upon the total of the offset reaching the amount of monies properly paid by the Subdivider for the specified work, then the Development Charges will be paid in the normal manner in accordance with the City's By-law in that regard. Following completion of the construction of the required extension of Strasburg Road, the JUNE 27, 1994 COUNCIL MINUTES - 322- CITY OF KITCHENER COUNCIL MINUTES JUNE 27, 1994 - 322- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL extension of the watermain, and the extension of the Strasburg Creek Sanitary Trunk Sewer in a manner satisfactory to the City's Commissioner of Public Works, the Subdivider shall provide evidence to the City, satisfactory to the City Solicitor and the Commissioner of Public Works, as to the payment in full for said works including evidence that there are no claims or a possibility of claims under the Construction Lien Act. 68. 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. (Cont'd) 69. That division of lands in respect to all residential Blocks within the plan except for Block 1 (Stage 6) will be permitted subject to sequential compliance with the following: i) To submit for the approval of Department of Planning and Development and the Department of Public Works plans for each block illustrating lotting, building envelopes, driveway locations, maintenance easements, eave encroachments, service connections, street utility hardware, proposed grades, together with the plans showing typical building elevations where required. ii) To apply for and receive final approval of a Part Lot Control Exemption By-law in respect to the division of said blocks and that the Part Lot Control Exemption By-law not be presented to Council until the Department of Public Works has confirmed that lotting pattern is in conformity with the approved engineering drawings. iii) That subsequent to receiving Plan Approval and an exemption from Part Lot Control, building permits may be applied for and issued for said blocks, subject to full compliance with the Approved Plan and the normal requirements of the building by- law or any other by-law and subject to plans being submitted to the satisfaction of the Director of Building and Inspections. iv) That a Reference Plan with respect to the division of said blocks showing all required maintenance easements and eave encroachments, shall be prepared and presented to the Department of Planning and Development for examination. Further, the Subdivider agrees not to transfer title of any part of said blocks until such time as said Reference Plan has been deposited in accordance with the Registry Act. v) The Subdivider agrees that the Part Lot Control Exemption By-law shall be repealed after the last dwelling unit is sold in each block and the Subdivider agrees further to be responsible for advising Department of Planning and Development when the last dwelling unit has been sold. 70. To fill, compact and grade in both preliminary and finished form top soil and seed/sod Block 15 (Stage 1) and Block 11 (Stage 2) to the satisfaction of the Department of Parks and Recreation. Said works are to be completed in conjunction with the timing and grading of the surrounding residential development and not to exceed two years from the registration of the Subdivision Plan or an alternate time approved in writing by the Department of Parks and Recreation. 71. To provide temporary turning circles for transit turn arounds at the intersections of proposed Strasburg Road and Street Two and at the intersection of proposed Strasburg Road and Street Five at any one time to the satisfaction of the Directors of Traffic and Parking Services and Transit. JUNE 27, 1994 COUNCIL MINUTES - 323- CITY OF KITCHENER COUNCIL MINUTES JUNE 27, 1994 - 323- CITY OF KITCHENER 72. REPORTS ADOPTED BY COUNCIL To relocate the existing fencing along the north side of Street Three abutting the Region of Waterloo water well in order to allow for the shifting of the proposed right-of-way of Street Three northward. 73. That all zero sideyard housing shall provide 1.5 metre wide maintenance easements and a maximum .3 metre eave encroachment easement. 74. To grant easements to the City for sanitary sewer service along the future street rights-of- way, within Stages 5 and 7 to service adjacent lands west of Strasburg Road in the event said stages are not registered by the subdivider prior to the timing of the extension of sanitary sewers being needed for such adjacent development. (Cont'd) That an exemption to Council's Reduced Road Allowance Policy be granted in order to allow the tapering of Street Three just west of Biehn Drive from a 20 metre right- of-way to an 18 metre right-of-way in order to provide increased setbacks and protection from Brigadoon Pond immediately to the south. III That prior to registration of Stage 1 of Plan 30%88007, the Subdivider shall enter into a supplementary agreement pertaining to both the conveyance to the City of the balance of new Strasburg Road and deferral of the 5% park dedication to its abutting land to the south with said agreement registered prior to the City's release to Stage 1 of the subdivision plan for registration against title of Lot 175 and Part Lots 173, 174, 176 to 180 inclusive and 182 to 184 inclusive, and part of Road (Closed by By-law 429-A) Instrument No. B-33291, Registered Plan No. 640, and part of Lots 11, 12 and 13, Biehn's Tract by adding the following clauses: a) "The Owner shall provide a further 1.39 hectare park dedication in addition to the 5% park dedication of registration of the future plans of subdivision. b) The Owner shall convey the lands required for Strasburg Road from the south limit of the floodline of Strasburg Creek, as dedicated as per Clause 58 with Stage 1, to the limit of Part 5, Plan 58R-5762. Said conveyance shall occur immediately upon both Draft Plan Approval of Subdivision Application 30%88006 and the implementing zoning by-law being approved, in unappealable form, for these lands." 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 88/28/H/ZJ (Hallman Aberdeen Limited) shall not be presented to City Council until Subdivision Application 30T- 88007 has received Regional Draft Approval and the revisions to the Brigadoon Community Plan have been approved by the Region whereupon the Amending Zoning By-law shall be presented to City 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 objection to the passing of the Zoning By-law in the form shown in Staff Report PD 94/43. (Dealt with under delegations and carried, as amended) That the Mayor and Clerk be authorized to execute an Offer to Purchase for the 11.2 acre parcel which is Part 1 and Part 2 of Reference Plan 58R-9183 on McBrine Drive in the Huron Business Park for a total purchase price of $700,000. That the City accept the request from 360006 Ontario Limited to be released from the terms of the existing agreement, accepted by the City on May 28, 1993, to purchase land designated as Part 1, Reference Plan 58R-5840 comprised of 1.47 acres; and further, COUNCIL MINUTES JUNE ~7, 1994 - 3~4 - CITY OF KITCHENER COUNCIL MINUTES JUNE ~7, 1994 - 3~4 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That the City retain the deposit in the amount of $19,110; and the interest in the amount of $6,067.84 paid to date. (As Amended) COMMUNITY SERVICES COMMITTEE - That we approve the request of A Festival of Neighbourhoods for a combination in-kind services and cash grant, to a maximum of $7,500.00 for their event to take place on September 17, 1994; and further, COMMUNITY SERVICES COMMITTEE - (CONT'D) 1. (Cont'd) That subject to staff and the Festival establishing criteria by which to select the successful "neighbourhood improvement" and a determination being made as to whether the "neighbourhood improvement" can be funded from either the Parks & Recreation Department's or Public Works Department's approved capital budget; we approve, in principle, the request of A Festival of Neighbourhoods for a capital grant, to a maximum of $10,000.00. (Dealt with under delegations and carried) 2. That the Rockway Lawn Bowling Club remain in its present location at this time. That we approve an in-kind grant to the K-W Sertoma Speed Skating Club, in the amount of $2,500.00 toward the purchase of the City's dump truck #293; and further, That the K-W Sertoma Speed Skating Club make arrangements with the City Treasurer for the payment of the balance of the cost of dump truck #293 over a one year period. That no action be taken on the request of the March for Jesus - Kitchener-Waterloo for an in-kind services grant in the amount of approximately $1,000.00 in connection with their march to take place on June 25, 1994. That, subject to the Highland Stirling Community Group obtaining the necessary license, including Fire and Health approvals, permission be granted to allow the operation of a refreshment stand during their family event to be held on September 4, 1994; and further, That a nominal fee of $1.00 be charged for the Refreshment Stand License; and further, That no action be taken on the request of the Highland Stirling Community Group regarding the issuance of a license for a raffle lottery. That, on a one time basis, we approve the request of Scouts Canada/North Waterloo District for an in-kind services grant, in the amount of $279.48, for use of the Victoria Park Pavilion on August 27, 1994. That we purchase, from the Kitchener-Wilmot Hydro, the following three surplus substations, with the monies for the purchases to come from the Park Trust Fund: Substation No. 3 (406 Courtland Avenue East), Substation No. 6 (29 Eden Avenue) and Substation No. 23 (738 Charles Street East). That the Central Frederick Neighbourhood Association be permitted to use Weber Park on August 14, 1994 for a neighbourhood picnic; and further, JUNE 27, 1994 COUNCIL MINUTES - 325- CITY OF KITCHENER COUNCIL MINUTES JUNE27, 1994 - 325- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That, subject to the Central Frederick Neighbourhood Association obtaining the necessary license, including Fire and Health approvals, they be permitted to operate a refreshment stand during their neighbourhood picnic in Weber Park on August 14, 1994, with a nominal fee of $1.00 being charged for this refreshment stand license; and further, That the Central Frederick Neighbourhood Association be permitted to proceed with an application to the Liquor License Board of Ontario for the purpose of selling alcohol at their neighbourhood picnic in Weber Park on August 14, 1994, subject to them complying with the Municipal Alcohol Management Policy. FINANCE AND ADMINISTRATION COMMITTEE - That no action be taken concerning the request of The Coronet to transfer the Adult Entertainment Parlour at 1271 Victoria Street North to an alternate location in the City. (Dealt with under delegations and carried) That the consideration of the request of Mr. Murray Steben concerning relief from tax arrears owing and the issue of the penalty rate charged by the City on such arrears be referred to the June 27, 1994 Council meeting. (Dealt with under delegations) That subject to the Canada Employment Centre for Students obtaining the necessary Licence, including Fire and Health approvals, permission be granted to allow the operation of a refreshment stand on June 27, 1994, in the Civic Square of Kitchener City Hall, and further, That a nominal fee of $1.00 be paid for the Refreshment Stand Licence. That Council endorse the Internet Implementation Plan as outlined in the report of Mr. R. Freeborn dated June 15, 1994. That Council endorse funding for the proposed traffic calming measures on Heritage Drive - Area A (Lorraine Avenue to the second leg of Oakhurst Cres.), with 1994 financing through the Capital Contingency Account, and with future funding to be considered as part of the 1995 Budget process. (As Amended) That Clause #1 of Council Policy 1-180 be amended to reflect Section 28 (8) of the Municipal Elections Act, and further, That all other provisions of the Policy be applicable with respect to the 1994 Municipal Election. That Council enact the draft by-law with respect to the licensing, regulating and governing of persons who carry on the business of leasing portable signs appended to the report of Ms. L. MacDonald dated June 14, 1994. That the license fee imposed on individuals in the business of leasing portable signs be waived for the balance of 1994 and that Licensing staff consider a fee in 1995 not to exceed $150.00. 9. That effective January 1, 1995 the Revenue Division be authorized to charge the following fees: Tax Certificate Duplicate Receipt $15.00 $10.00 JUNE 27, 1994 COUNCIL MINUTES - 326- CITY OF KITCHENER COUNCIL MINUTES JUNE 27, 1994 - 326- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Tax Statement Detailed Tax Statement Mortgage Company Request Tax Analysis Utility Certificate $10.00 $2O.OO $10.00 $15.00 $15.00. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That the deletion of a municipal sidewalk across the frontages of Lots 69 to 82, inclusive, of Registered Plan 1733, be approved, subject to all involved property owners entering into an amending agreement to be registered on title of the subject lands, with said agreement relieving the subdivider and the City of Kitchener from any future financial obligations regarding the installation of a sidewalk, and further, PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) 1. (Cont'd) That no action be taken regarding requests to have a municipal sidewalk eliminated from the flankages of Lots 55, 68, 69 and 82, of Registered Plan 1733. (Dealt with under delegations and no action taken) That Council approve the preferred alignment for the extension of the Middle and South Strasburg Trunk Sanitary Sewer, as presented at the Public Open House on January 25, 1994, and further, That the Schedule "B" Class Environmental Assessment Study Report for the project be filed with the City Clerk for the mandatory 30 day public review. That consideration of the staff recommendation relative to the resurfacing of Trussler Road be deferred and referred to a future meeting of the Public Works and Transportation Committee to allow further examination, including input from the residents involved. That Wilson Avenue between the Wilson Arena parking lot and the cul-de-sac be closed from 11:00 a.m. on Sunday, July 10, 1994 to 4:00 p.m., 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. That Market Lane be closed between the hours of 8:00 a.m. and 2:00 p.m. on consecutive Saturdays from July 9 to September 2, 1994 for art shows, and further, That the appropriate by-law under Section 352(61 ) of the Municipal Act be enacted. That a sub-surface drain be installed by City Staff to remove excess water from selected properties on Monteagle Crescent as outlined in Planning and Development Department Report PD #94/55, and further, That the project be completed at a cost of approximately $4,000.00, with this amount to be debited from the Storm Drain Connection Fund. That the Regional Municipality of Waterloo be asked to undertake sample testing relative to complaints of odours from the sanitary sewer in the vicinity of Graber Place to determine whether there has been a breach of their by-law, and to immediately convene the consultant selection process intended to undertake a full study of the problems addressed herein, and to participate JUNE 27, 1994 COUNCIL MINUTES - 327- CITY OF KITCHENER COUNCIL MINUTES JUNE27, 1994 - 327- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL with City staff in evaluating the relevant City infrastructure between Graber Place and the Conestoga Parkway to ensure that there are no deficiencies in either design, construction or maintenance relative to the odour problem, and further, That Safety-Kleen Canada Inc. (formerly Breslube) be informed that, effective immediately, all material presently discharged into the City's sanitary sewer system is to be transported by truck in accordance with the disposal procedure followed prior to receiving such discharge approval, with the cost of trucking to be at the sole expense of Safety-Kleen Canada Inc., and further, That effective June 30, 1994, Safety-Kleen Canada Inc. be denied direct disposal access to the sanitary sewer pipe to the Forwell Pumping Station. (Dealt with under delegations and carried, as amended) That the City make application to the Province to be a party to the Hearing relative to an application by Safety-Kleen Canada Inc. for permission to expand its re-refinery operation. COUNCIL MINUTES J U N E 27, 1994 -328 - CITY OF KITCHENER 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." B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. United Way - Postaqe Meter Imprint It was resolved: "That we approve the request of the United Way of Kitchener-Waterloo and Area for permission to utilize the City's postage meter to imprint outgoing mail with the United Way logo and wording supporting United Way for the period Friday, September 16, 1994 to Friday, November 25, 1994 inclusive." 2. Taq Day It was resolved: "That the City of Kitchener approves the Royal Canadian Air Cadets from 822 Squadron Breslau, 530 Squadron Waterloo and 80 Squadron Kitchener conducting its Annual Air Cadet Tag Day in Kitchener on Friday, September 23, 1994 and Saturday, September 24, 1994." 3. Ministry of Revenue - Fundinq Requests It was resolved: "That the Mayor and Clerk be authorized to execute a 1994/95 Funding Request Service Provider Profile with the Ministry of Health/Ministry of Community and Social Services for Victoria School Seniors Centre." - and - "That the Mayor and Clerk be authorized to execute a 1994/95 Funding Request Service Provider Profile with the Ministry of Health/Ministry of Community and Social Services for Rockway Seniors Centre." - and - "That the Mayor and Clerk be authorized to execute a 1994/95 Funding Request Service Provider Profile with the Ministry of Health/Ministry of Community and Social Services for Breithaupt Services Centre." - and - "That the Mayor and Clerk be authorized to execute a 1994/95 Funding Request Service Provider Profile with the Ministry of Health/Ministry of Community and Social Services for Home Support Services for Older Adults at Victoria School Senior Centre, Rockway Senior Centre and Breithaupt Senior Centre." COUNCIL MINUTES J U N E 27, 1994 -329 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 4. Licenses It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Northstar Youth Organization to conduct a Monte Carlo event at the K.W. Granite Club, 69 Agnes Street, Kitchener on July 29-31, 1994, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Optimist Club of the Twin Cities to conduct a Monte Carlo event at the K.W. Granite Club, 69 Agnes Street, Kitchener on September 15-17, 1994, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Kitchener-Waterloo Symphony to conduct a Raffle Lottery in the City of Kitchener with the said draw to occur on March 11, 1995 at 101 Queen Street North, Kitchener." - and - "That Core Literacy be granted permission to operate a Garage Sale at the Victoria Park Pavilion, Kitchener on July 16, 1994, provided that the necessary licence is obtained." - and - "That the Kitchener Oktoberfest Lions Club be granted permission to operate a refreshment stand, in front of the Zehrs at Frederick Street Mall, Kitchener, on June 29 and July 2, 1994, provided that the necessary Licence and Health and Fire approvals are obtained." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Lions Club of Kitchener to conduct a Monte Carlo event at the Edelweiss Tavern, 300 Doon Village Road, Kitchener on August 17, 1994, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to Kitchener-Waterloo Minor Lacrosse Association to conduct a Monte Carlo event at the Howard Johnson, 1333 Weber Street East, Kitchener on August 12-14, 1994, inclusive." 5. Tenders Councillor B. Stortz inquired as to when the slurry seal resurfacing would take place and asked that this information be provided at the July 4, 1994 Public Works and Transportation Committee meeting. It was resolved: "That tender T94-4, Slurry Seal Resurfacing, be awarded to Miller Paving Limited, Markham, Ontario at their tendered price of $95,760. plus G.S.T." - and - COUNCIL MINUTES J U N E 27, 1994 -330 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 5. Tenders (Cont'd) "That tender T94-34, Maple Hill Drive Storm Outlet (Maple Hill Drive to Westmount Golf Course), be awarded to Steed and Evans Limited, Kitchener, Ontario at their tendered price of $57,067.49 (including GST and PST)." - and - "That tender T94-43, 1,700 Gallon Hydrostatic Bituminous Distributor, be awarded to Amaco Construction Equipment Inc., Mississauga, Ontario, at their tendered price of $128,233., plus Optional Air Conditioning - $850., AM/FM Radio - $250., Groeniveld Automatic Greasing System - $2,400. and Quick Chassis Removal Equipment - $1,200., plus G.S.T. and P.S.T." - and - "That tender T94-44, Gas Meter Bars, be awarded to The Bryan Donkin Company of Canada Limited, Woodstock, Ontario at their tendered price of $103,250. plus G.S.T. and P.S.T." - and - "That tender T94-7, Ontario Street Reconstruction (Duke Street to Weber Street), be awarded to Steed and Evans Limited, Kitchener, Ontario at their tendered price of $125,395.51 (including GST and PST)." 6. Resolution - City of Vauqhan It was resolved: "That Kitchener City Council endorse the resolution from the Corporation of the City of Vaughan, requesting that all necessary steps be taken without delay to implement the creation of a permanent voters list for Federal, Provincial and Municipal purposes, as a way to shorten election campaigns, reduce duplicated effort and save money; and further, That this resolution be sent to the Prime Minister of Canada, the Premier of Ontario, the Leaders of the Provincial political parties, local M.P.'s and M.P.P.'s the Chief Elections Officer for Elections Canada; the Chief Elections Officer for Ontario; and the City of Vaughan." 7. Sale of Surplus Kitchener-Wilmot Hydro Lands - BRIDGEPORT NORTH WARD It was resolved: "That the City of Kitchener not acquire the #2 substation site located at Duke Street and Breithaupt Street from Kitchener-Wilmot Hydro." 8. Refreshment Stand License - K-W Skatinq Club The Committee was in receipt of a memorandum from Mrs. J. Koppeser dated June 27, 1994 recommending that Council accede to the request of the Club for permission to operate a refreshment stand. COUNCIL MINUTES JUNE ~7, 1994 - 331 - CITY OF KITCHENER COUNCIL MINUTES JUNE ~7, 1994 - 331 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES JUNE 27, 1994 -331 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D $. Refreshment Stand License - K-W Skatinq Club (Cont'd) It was resolved: "That the Kitchener-Waterloo Skating Club (KWSC) be granted permission to operate a refreshment stand in the parking lot in front of Zehrs, Hiway Market, Weber Street East, Kitchener, on July 8-10 inclusive; August 12-14 inclusive; and September 9-11 inclusive, provided that the necessary Licence and Health and Fire approvals are obtained." 9. Offer to Purchase - Berkshire Buildinq Corporation The Committee was in receipt of a memorandum from Mr. J. Shivas dated June 27, 1994 recommending acceptance of an Offer relative to the Huron Business Park. It was resolved: "That the City accept, and the Mayor and Clerk be authorized to execute, an Offer to Purchase Part 1, Reference Plan 58R-8921 in Huron Business Park, Phase II, from Berkshire Building Corporation in exchange for Part 4, Reference Plan 58R-5310, in Huron Business Park, Phase I1."