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HomeMy WebLinkAboutCouncil Minutes - 1994-11-07COUNCIL\1994-11-07 NOVEMBER 7, 1994 COUNCIL MINUTES CITY OF KITCHENER The Council of the Corporation of the City of Kitchener met this date with all members present. On motion by Councillor G. Leadston, the minutes of the regular meeting held on October 24, 1994, as mailed to the Mayor and Councillors, were accepted. A. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (1) Letter from the Honourable Gilles Pouliot, Minister of Transportation, responding to Kitchener City Council's resolution dated August 22, 1994 concerning a comprehensive national transportation policy and improvements to the passenger rail services between Toronto and Sarnia. (2) Letter from the Honourable Paul Martin, P.C., M.P., Minister of Finance, responding to Kitchener City Council's resolution of August 22, 1994 with respect to the reform of the Goods and Services Tax. (3) Letter from Elizabeth Witmer, M.P.P. forwarding a copy of response from the Minister of Finance, relative to Council's resolution of June 27, 1994 concerning the Provincial Government's decision to impose a charge on municipalities for supplementary assessments beginning July 1, 1994. Mr. Robert Durham was in attendance this date in support of clause 2 of the Planning and Economic Development Committee report of this date. Councillor T. Galloway disclosed a conflict of interest and abstained from all voting and discussion concerning clause 2 of the Planning and Economic Development Committee report of this date as his parents own a unit in the subject condominium. 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. Carried. Councillor T. Galloway previously disclosed a conflict of interest and abstained from all voting and discussion concerning clause 2 of the Planning and Economic Development Committee report of this date as his parents own a unit in the subject condominium. Mr. Don Diebold appeared as a representative of Invisible Fencing of the Golden Triangle, and read a prepared statement. He advised of a letter from a professional dog trainer recommending Invisible Fencing over conventional fencing as a method of pet containment. He also referred to an endorsement letter from Mr. Gary Lansberg. Mr. Diebold advised that his company, in addition to installing the fencing, would assist in training the dog. He also referred to three municipalities in the United States and 500,000 dog owners who had purchased the product to date as proof that from a public perception standpoint, Invisible Fencing offers as much security as conventional fencing. Mr. Diebold asked that Council allow the use of Invisible Fencing as a conventional means of containment relative to the Dog By-law. Councillor B. Stortz noted that several members of Council had attended a demonstration of Invisible Fencing in Waterloo earlier this date. He noted that though initially skeptical, he was impressed with the product demonstration. Councillor B. Stortz put forward a motion that Council defer consideration of Mr. Diebold's request for 60 days in order to allow staff to complete a review of the technical merit of Invisible Fencing and to provide a full recommendation and criteria for its use. He also indicated that the motion does not imply acceptance of Invisible Fencing as a permitted containment method. Councillor C. Weylie asked for clarification as to the use of Invisible Fencing with respect to vicious dogs. Mr. Diebold replied that in accordance with the manufacturers instructions, his firm would refuse to sell the product to the owner of a dog which is deemed vicious. NOVEMBER 7, 1994 COUNCIL MINUTES - 534 - CITY OF KITCHENER Councillor Ziegler indicated that he was prepared to deal with Mr. Diebold's request this date, arguing that there is no need to defer consideration. He suggested that Invisible Fencing be permitted, but that any location where the product is installed should be registered with the Humane Society. In addition, Councillor Ziegler suggested that there should be a sign on any property where Invisible Fencing is being used, and that this containment method should not be permitted for a dog which is, or is subsequently, found to be "dangerous" or "potentially dangerous". In response to a further question from Councillor G. Leadston, Mr. Diebold indicated that Invisible Fencing has been sold in Canada for approximately six years and that there are between ten and fifteen installations in this area. Councillor C. Zehr asked whether it was possible for a dog to disregard Invisible Fencing, and Mr. Diebold replied in the affirmative, noting however, that the manufacturer claims a 97% success rate. He further clarified that the "correction" which is applied to a dog through an electronic device attached to the collar carries a one watt charge whereas a conventional household receptacle has a 2,000 watt charge. Councillor G. Lorentz referred to the product demonstration this date and offered the opinion that this method of containment can be very effective with certain types of dogs, but may not work on larger more aggressive animals. In response to a question from Mayor D.V. Cardillo, Mr. Diebold agreed to provide the location of an additional installation in Kitchener. Councillor B. Stortz accepted, as a friendly amendment, the suggestions for consideration which were made by Councillor J. Ziegler this date. Mr. Diebold questioned the status of Invisible Fencing where the system has already been installed by dog owners, and asked whether the City would be prepared to consider this system as a legal method of containment prior to making a decision on its inclusion relative to the Dog By-law. He suggested a 60- day grandfather clause. Councillor J. Ziegler indicated that he would be in agreement with such a request to take effect until Council has dealt with the matter, provided the dogs in question are not dangerous or potentially dangerous. Councillor B. Stortz accepted the request of Mr. Diebold and the qualification by Councillor Ziegler as a friendly amendment. The main motion was then voted on, as amended. Moved by Councillor B. Stortz Seconded by Councillor J. Ziegler That Council defer consideration of the request of Mr. Don Diebold concerning the use of Invisible Fencing relative to Chapter 530 (Dogs) of the Municipal Code to allow staff to review its merits and to provide a full recommendation and criteria for its use, and that a report in this regard be considered at the first meeting of the Finance and Administration Committee held in January of 1995, and further, That the above report include reference to the following considerations: (a) That any location where Invisible Fencing is installed should be registered with the Humane Society; (b) That there should be signing of a property where Invisible Fencing is being used as a method of containment; (c) (d) That Invisible Fencing should not be permitted for dogs which are, or have subsequently been found to be, "dangerous" or "potentially dangerous" under the terms of Chapter 530; That the owners of properties where Invisible Fencing is presently installed be allowed to retain this method of containment as it relates to Chapter 530 until such time as Council deals with Mr. Diebold's request, provided the dogs which are so contained are not "dangerous" or "potentially dangerous". Carried. Ms. Nancy Hummisch appeared on behalf of the K-W Kennel Club and thanked Council, the Ad Hoc Committee and staff for their assistance in resolving the vicious dog issue. She advised that the Club supports the proposed amendment as an effective method of dealing with problem dogs. Councillor B. Stortz extended his thanks to the K-W Kennel Club for their assistance in dealing with this issue. Councillor J. Ziegler offered the opinion that clause 1 of the Finance and Administration Committee report of this date incorrectly identified the issue of leash length, and in particular retractable leashes, as an item NOVEMBER 7, 1994 COUNCIL MINUTES -535- CITY OF KITCHENER for further discussion as opposed to a by-law amendment. He suggested that his motion had included a ban on retractable leashes and in this regard referred to page 96 of the October 31, 1994 minutes. Moved by Councillor C. Zehr Seconded by Councillor B. Stortz That clause 1 of the Finance and Administration Committee report of this date be adopted. Councillor J. Ziegler further indicated that he is referring to retractable leashes which can extend beyond the 8 foot limit allowed under the by-law, and further clarified that he is asking that retractable leashes be declared illegal. Councillor C. Zehr replied that Councillor Ziegler's request is redundant as no leash which is longer than 8 feet is presently allowed. Councillor Ziegler pointed out that it could be argued that retractable leashes extending beyond 8 feet should be allowed on the basis that the leash can be locked at the 8 foot limit. He suggested that this perception is incorrect as the leash may not remain at the 8 foot length even after it is locked in place. Councillor Zehr suggested that in the interest of clarification, the by- law could be amended to indicate that retractable leashes are not permitted if they are longer than 8 feet. Moved by Councillor J. Ziegler Seconded by Councillor C. Zehr That Chapter 530 (Dogs) of the Municipal Code be further amended to indicate that retractable leashes can be used as a method of dog control only if they are no longer than 8 feet. Councillor T. Galloway pointed out that there was no consensus at the Finance and Administration Committee meeting concerning Councillor Ziegler's request, and in his recollection this item was not put to a vote. He argued that unless Council is willing to articulate all possible types of dog restraint, the amendment proposed by Councillor Ziegler is redundant. Councillor G. Lorentz added that in his opinion, banning retractable leashes makes no sense at all. Councillor Wagner indicated that he would not support the amendment as it is unnecessary and totally unenforceable. Councillor J. Ziegler further clarified that the purpose of his amending motion is to indicate that retractable leashes are unsafe when a dog is off the owner's property. The amending motion with respect to retractable leashes which was moved by Councillor J. Ziegler and seconded by Councillor C. Zehr was then voted on and Lost. Councillor C. Zehr thanked the Humane Society for their participation in the vicious dog by-law process and noted that in many respects the by-law is precedent setting. He suggested that copies should be sent to Municipal World and other municipal journals as an example of a method of dealing with dangerous and potentially dangerous dogs. Mr. T. McKay suggested that a copy could be sent to the Association of Municipalities of Ontario for filing as a model by-law. Councillor B. Stortz suggested that the process itself should be highlighted as well. The main motion to adopt clause 1 of the Finance and Administration Committee report of this date which was moved by Councillor C. Zehr and seconded by Councillor B. Stortz was voted on and Carried. Mr. Glen Julian appeared concerning a Property Standards matter involving a broken toilet in his residence. Council was in receipt of a letter from Mr. Julian dated November 7, 1994 and a letter from Mr. Jeff Ontonovich, Property Standards Officer, to the property owner dated October 19, 1994. Mr. Julian suggested that the owner is intentionally refusing to repair his toilet, which at present cannot be used at all. He indicated that he has asked to have the toilet repaired on approximately twenty occasions and has advised the City's Property Standards Officer of his complaint, but the repairs have still not been made. Mayor D.V. Cardillo indicated that he would investigate the issue further and that his office would contact Mr. Julian tomorrow. 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 NOVEMBER 7, 1994 COUNCIL MINUTES -536- CITY OF KITCHENER adopted. Voted on clause by clause. Clause 2 - Dealt with under Delegations and Carried. Clause 6 - Carried, as amended. Balance of Report - Carried. Recorded conflicts of interest and abstentions: Clause 2 - Councillor T. Galloway, as his parents own a unit in the subject condominium. 2. Moved by Councillor G. Lorentz Seconded by Councillor B. Stortz That the report of the Community Services Committee of this date be adopted. Councillor T. Galloway asked that clause 3 be dealt with separately. Councillor Galloway disclosed a pecuniary conflict of interest and abstained from all discussion and voting concerning clause 3, as he is employed by the Kitchener Rangers Hockey Club. The report of the Community Services Committee of this date was then voted on clause by clause. Clause 3 - Carried. Balance of report - Carried. Recorded conflicts of interest and abstentions: Clause 3 - Councillor T. Galloway as he is employed by the Kitchener Rangers Hockey Club. Councillor C. Zehr advised that he was adding a recommendation to the Finance and Administration Committee report of this date, relative to an Offer to Purchase land in the Huron Business Park, consideration of which was previously deferred and referred to the Legal Department. 3. Moved by Councillor C. Zehr Seconded by Councillor B. Stortz That the report of the Finance and Administration Committee of this date be adopted. Voted on clause by clause. Clause 1 - Dealt with under Delegations and Carried. Balance of report - Carried. Moved by Councillor M. Wagner Seconded by Councillor T. Galloway That the report of the Local Architectural adopted. Conservation Advisory Committee of this date be Carried. 5. Moved by Councillor J. Smola NOVEMBER 7, 1994 COUNCIL MINUTES -537- CITY OF KITCHENER Seconded by Councillor M. Wagner That the report of the Public Works and Transportation Committee of this date be adopted. Carried. Councillor C. Zehr advised that on several occasions he has noticed banks of street lights going off and then on again for no apparent reason, and referred to such occurrences at numerous City intersections. Councillor Zehr asked whether staff could review the situation and identify the problem locations in the City. Mr. T. McKay replied that Mr. D. Snow has agreed to use By-law Enforcement Officers to monitor the situation. Mr. D. Suzuki added that he has contacted K-W Hydro and asked them to step up their inspection program. He pointed out that since the high pressure sodium conversion, some of the shorter lived lighting units are burning out and that a re-lamping program will be started next year on a sector by sector basis. Councillor B. Stortz commented that in his opinion this is not a life span issue and that the lights on entire streets will go out during certain weather conditions. He suggested that this may be a defect in the high pressure sodium system. Moved by Councillor B. Stortz Seconded by Councillor M. Yantzi That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend By-law No. 94-31 respecting Construction, Demolition and Change of Use Permits and Inspections (b) Being a by-law to renumber certain properties and premises on Howe Drive in the City of Kitchener (c) Being a by-law to amend By-law No. 93-192, as amended, known as an Interim Control By- law (d) To confirm all actions and proceedings of the Council (e) Being a by-law to amend By-law 85-1 - Dr. K. Fung - Woolner Drive - No.91/17/W/JW (f) Being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs 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 G. Leadston as Chairman. On motion, the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the Chair. Moved by Councillor G. Leadston Seconded by Councillor M. Yantzi That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed. Carried. Moved by Councillor J. Smola Seconded by Councillor J. Ziegler That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to amend By-law No. 94-31 respecting Construction, Demolition and Change of Use Permits and Inspections NOVEMBER 7, 1994 COUNCIL MINUTES - 538- CITY OF KITCHENER (b) (c) (d) (e) (f) (By-law No. 94-195) Being a by-law to renumber certain properties and premises on Howe Drive in the City of Kitchener (By-law No. 94-196) Being a by-law to amend By-law No. 93-192, as amended, known as an Interim Control By- law (By-law No. 94-197) To confirm all actions and proceedings of the Council (By-law No. 94-198) Being a by-law to amend By-law 85-1 - Dr. K. Fung -Woolner Drive - No.91/17/VV/JW (By-law No. 94-199) Being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs (By-law No. 94-200) 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 - That the City agrees to extend the closing date of its agreement of purchase and sale dated May 15, 1994 with lan Cook Construction Limited, in Trust from December 1, 1994 to February 15, 1995 with all other terms and conditions to remain the same and time to continue of the essence. That the Mayor and Clerk be authorized to execute an agreement dated October 26, 1994 with Waterloo Condominium Corporation 202 at 2 Lancaster Street East to permit the encroachment of landscaping, sidewalks, steps, rails and retaining walls on the Lancaster Street East road allowance. (Dealt with under Delegations and Carried) That Council Policy Resolution Number 1-654, entitled "Enforcement - By-laws," be rescinded and replaced with the amended draft policy dated October 18, 1994 attached as "Appendix A" to Staff Report PD 94/105, subject to: 1) Revision of clause l(f) to replace the words 'apparent, readily observable violations' with the words 'highly visible violations'. 2) Revision of clause 4 to delete the sentence 'For the purposes of this policy, first- time, alleged offenders shall be persons who Enforcement Staff are satisfied were unaware of the applicable regulations prior to the date of the alleged violation. That Zone Change Application 94/04/F/PMc (Waterloo Regional Credit Union) requesting a change in zoning from Restricted Residential with special regulations, Centerville area (R2A) according to By-law 4830 to Community Commercial Zone (C-4) according to By-law 85-1 on Part of Lot 31, Registered Plan 687, more particularly described as Part 1, 58R-9130, be approved in the form shown in the proposed By-law attached, dated April 28 1994, subject to the following conditions being satisfied prior to any readings of the By-law by Council. To arrange for notification by letter from the Regional Municipality of Waterloo to the City's Clerk, that all Regional requirements have been satisfied with respect to the proposed development. The Owner acknowledges that Condition 1 is required to be satisfied no later than seven (7) months from Council having approved the amending zoning by-law relative to the Zone Change Application 94/04/F/PMc by resolution. In the event this requirement is not fulfilled within the seven month period, Council shall consider rescinding its zone change approval. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. That Zone Change Application 91/17AN/JW (Dr. K. Fung) requesting a change in zoning from Agricultural (Twp. A) according to By-law 878A to Residential Four (R-4) according to By-law 85-1, on Part of Lot 12, Registered Plan 591, be approved in the form shown in the attached "Proposed By-law", dated October 3, 1994, without conditions. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. 6. A) That PD 94/7, Huron Community Plan be adopted, as outlined hereunder: The following policies will guide the development of the Huron Community. They will provide the basis for the evaluation of proposals for the subdivision, rezoning and development of the area. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 6. (Cont'd) 1.0 GENERAL POLICIES 1.1 That the Huron Community Plan shall conform to and implement the Regional Official Policies Plan and the City Of Kitchener Municipal Plan. COUNCIL MINUTES NOVEMBER 7, 1994 - 540- CITY OF KITCHENER COUNCIL MINUTES NOVEMBER 7, 1994 - 540- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 1.2 That the Huron Community Plan Land Use Map shall comprise the land use plan for the Community. 1.3 That the Huron Community Plan shall conform to all applicable development and implementation standards adopted by the City of Kitchener. 1.4 That all business park development be subject to the Standard Terms of Agreement with Land Purchasers in Huron Business Park, as approved by City Council. 1.5 That prior to Draft Plan Approval, any alteration, filling or construction within a watercourse, floodplain, pond or wetland will require a "Fill, Construction and Alteration to Waterway Permit" from the Grand River Conservation Authority prior to any registration of Plans of Subdivision or approval of severance. 1.6 That the exact boundary of lands designated as being within the "Limit of Fill" line be established by submission of a permit as outlined in Policy 1.5. Further, should the area of these lands be reduced through this process, the underlying development oriented land use shall apply. 1.7 That Net Residential Density be calculated by dividing the number of residential units by the area of residential land. Residential land includes all internal roads, one half bounding roads and one quarter of boundary intersections but does not include bounding trunk roads. 2.0 RESIDENTIAL 2.1 That the Low Density Residential use permit singles, semis, duplexes, street townhouses and multiples at a maximum net density of 25 units per hectare. 2.2 That no new Low Density Residential lots have direct vehicular access to Westmount, Huron or Strasburg Road. 2.3 That a wide range of housing types be provided in the Huron Community to satisfy varying housing needs. The intended housing mix shall consist of 25% to 40% multiple residential units. 2.4 That residential development and landscaping give consideration to energy policies contained in the Municipal Plan. 2.5 That to encourage a variety of housing forms, residential land use designations shall be based on density as well as structure type. Where appropriate, integration of residential densities shall be encouraged throughout the community. 2.6 That multiple residential sites be encouraged where natural features such as topography or woodlots would be best accommodated or preserved by fewer buildings rather than extensive site coverage with one and two unit dwellings. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 6. (Cont'd) 3.0 INSTITUTIONAL NOVEMBER 7, 1994 COUNCIL MINUTES -541- CITY OF KITCHENER COUNCIL MINUTES NOVEMBER 7, 1994 - 541 - CITY OF KITCHENER 3.1 3.2 3.3 3.4 3.5 3.6 3.7 4.0 4.1 4.2 4.3 5.0 5.1 5.2 5.3 REPORTS ADOPTED BY COUNCIL That Neighbourhood Institutional uses be located as shown on the Land Use Map. This use includes schools, day care and small residential care facilities. That a public elementary school site of approximately 3.3 hectares be located on the east side of Street B, north of Street A. That a public elementary school site of approximately 3.3 hectares be located on the north side of Street C immediately east of a neighbourhood park. That a separate elementary school of approximately 3.3 hectares be located on the north side of Street C immediately west of a neighbourhood park. That schools sites next to wetlands be situated so as to separate active and passive use areas. This is protect sensitive natural areas and protect students from potentially hazardous areas such as open water. That should any designated school site be declared surplus, alternate land uses will be restricted to singles, semis, duplexes or Neighbourhood Institutional uses. That the Steckle Heritage Homestead be recognized as a major institutional use due to its public role as a working educational heritage farm. COMMERCIAL That Convenience Commercial facilities be located as shown on the Land Use Map. Section 3.2.1 of the Municipal Plan provides the Iocational criteria for these uses with regard to size, configuration, access and land use compatibility. Housing will be permitted above these facilities at a maximum density of 40 units per hectare. That a distribution of more, smaller, Convenience Commercial sites be encouraged to bring them into walking distance of the majority of residents. That the Business Park Service Centres as shown on the Land Use Map and described in Policy 5.3 be recognized for their commercial potential. BUSINESS That the Business Park designation permit a wide range of business/industrial uses in a planned business community. Accessory retail uses are permitted subject to the provisions of Zoning By-law 85-1. Examples of business uses permitted include manufacturing, warehousing and wholesaling. That the Restricted Business Park designation governs business land use adjacent to residential areas. As with the Business Park, this designation permits a full range of business uses with accessory retail but prohibits uses incompatible with residential areas. This restriction includes uses that emit noise, odour or other pollution. That the Business Park Service Centre allows commercial services to be combined with the restricted range of business uses permitted in the Restricted Business Park designation described in Policy 5.2. Additional uses such as restaurants, banks, convenience retail and office uses are included. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) NOVEMBER 7, 1994 COUNCIL MINUTES -542- CITY OF KITCHENER COUNCIL MINUTES NOVEMBER 7, 1994 - 542- CITY OF KITCHENER 6. (Cont'd) REPORTS ADOPTED BY COUNCIL 5.4 That any business uses adjacent to residential development be planned with adequate separation and buffering between the two uses. However, the plan recognises the importance of maintaining the viability and economic attractiveness of the business area as the major industrial/business area of the City. 5.5 That further to Municipal Plan Policy 12.17.ii, the Business Park designations marked with a star on Westmount Road at Street A will also allow free standing office uses. 5.6 That all uses in Huron meet Ministry of Environment and Energy requirements under the Environmental Protection Act regarding pollution, vibration and noise. 5.7 That to protect the areas of natural environment in the Huron Community, uses that may lead to groundwater contamination be controlled by standards of the Ministry of the Environment and Energy. Further, business uses surrounding the Huron Natural Area will also be restricted by the provisions a of study to be undertaken to protect the Natural Area from groundwater or other contamination. 6.0 NATURAL ENVIRONMENT AND PARKS 6.1 That park dedication from residential land be calculated as 5% of land to be subdivided, alternatively, dedication may be taken at one hectare per 300 units with an option for cash payment in lieu of land conveyance, all further to Municipal Plan Policy 3.1.2. 6.2 That park dedication from institutional land be calculated as 5% of land to be subdivided. 6.3 That park dedication from commercial land be calculated as 2% of land to be subdivided. 6.4 That all lands identified on the Land Use Map as Flood Plain or Fill Line be reserved from development. These lands are in addition to the 5% park dedication. The boundaries of the Draft Fill Line may be refined by the Grand River Conservation Authority by way of issuance of a "Fill Permit" as outlined in Policy 1.5. Further, if the Draft Fill Line is reduced by this process the underlying land use will apply, as described in Policy 1.6. 6.5 That open space links be established between flood plain areas, schools, parks, and recreational facilities to provide an open space walkway and cycling network throughout the community. 6.6 That to protect sensitive areas of the Huron Natural Area, public access will be restricted to suitable entrance points. These will be determined as part of the overall plan for the natural area. 6.7 That the cost of primary walk links and bridges providing direct links to schools, parks and transit be paid for by the developers. 6.8 That a district park of approximately 4 hectares be located south of Street B between the elementary school site and the flood plain area. 6.9 That a neighbourhood park of approximately 2 hectares be located on the north side of Street C between the two elementary school sites. 6.10 That the width of the buffers around the wetlands shall conform to the Strasburg Creek Master Watershed Plan and Provincial Wetland Guidelines as well as being determined by submission of an Environmental Implementation Report during the Draft Plan of Subdivision process. COUNCIL MINUTES NOVEMBER 7, 1994 - 543- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 7.0 7.1 That the Huron Community Plan recognize the Huron Natural Environmental Area as a significant natural resource. The boundaries of this area will be determined by City Council based on the following criteria: Recommendations of the Huron Environmental Area Co-Operative Project prepared by Geomatics International in 1992. An Environmental Implementation Report as outlined by the Strasburg Creek Master Watershed Study. · An Environmental Impact Study under the Provincial Wetlands Policy Statement. The E.I.R. and E.I.S. will be undertaken as one comprehensive report. That a comprehensive Environmental Impact Statement be undertaken by the City through the Development Charges Fund to establish the boundary setting out the limits of developable from the non-developable lands along the residential/open space boundary extending between Huron and Westmount Roads. This is to allow rezoning of these lands from their current Business Park zone to Residential, Open Space and Hazard Land zoning under By-law 85-1. That with the approval of Ontario Hydro and the local electrical utility, the hydro rights-of- way be utilized as open space linkage to connect the Huron Community to the City's walking and cycling paths. That the Schneider Creek Floodline Mapping Study, prepared by Paragon Engineering Limited be the basis for floodline definition in the Huron Community. The exact boundaries will be determined on site in conjunction with area developers and the Grand River Conservation Authority. That the Strasburg Creek Master Watershed Plan and Huron Environmental Area Co- operative project be the governing documents in all matters related to protection and maintenance of the woodlots, wetlands and other natural features within the Community. That to accommodate the collector road system, some outlying wetland pockets identified in Huron may not be identified as Flood Plain in the Community Plan. That prior to the beginning of grading, a temporary fence be installed along the boundaries of all areas of environmental sensitivity. Signs will be placed every 45 metres stating that there will be no dumping, grading, excavation or fill within the enclosed area. That at the time of submission of Draft Plan of Subdivision, the developer submit a General Vegetation Overview for the subdivision. Further, prior to any rough grading or tree removal, the developers environmental consultant shall submit a Detailed Vegetation Plan in accordance with the City's Tree Management Policy. This plan will describe vegetative communities to be retained and methods by which vegetative areas will be protected. That where feasible, existing topography and vegetation be incorporated into the design and development of the Huron Community. TRANSPORTATION That transportation choices such as bicycle and pedestrian links be provided for residents in the community through street design to provide alternate routes between locations. NOVEMBER 7, 1994 COUNCIL MINUTES - 544 - CITY OF KITCHENER COUNCIL MINUTES NOVEMBER 7, 1994 - 544- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 6. (Cont'd) 7.2 That the planning, design and construction of all roads and walkways within Huron be accomplished with regard to protection of existing environmental features. 7.3 That a street pattern be developed that discourages traffic cutting through the community while allowing route choices for internal traffic. Neo traditional street designs or other innovative street layouts are encouraged. 7.4 That a full interchange be built at Homer Watson Boulevard and Huron Road to provide access from the south portion of the Huron Community to the Downtown and Highway 401. The completion of this interchange is required prior to residential development in the community as outlined in Policy 12.1. 7.5 That Westmount Road be recognized as Regional Road No.50 and be designated as a Secondary Collector road with a right-of-way of 30.5 metres. 7.6 That Bleams Road be recognized as Regional Road No.56 and designed as a Secondary Collector road with a right of way of 30.5 metres. 7.7 That all collector roads be designed with a standard right of way of 20 metres. An increase to 26m may be required where necessary. 7.8 That local roads be designed with a standard right of way of 20 metres. Reductions in accordance with Council Policy will be considered for minor roads. 7.9 That no new Low Density Residential lots have direct vehicular access onto Westmount, Huron or Strasburg Road. 7.10 That the 1982 Transportation and Engineering Study for the Huron Industrial Development and the 1989 Huron Road/Homer Watson Boulevard Intersection Study prepared by McCormick Rankin Limited be the basis for the location of realigned Huron Road between Homer Watson Boulevard and Strasburg Road. 7.11 That further to the recommendations of the Doon South Brigadoon Transportation Network and Corridor Study, the existing collector road system in the west side of the City will be used to handle any traffic increase. This means no construction of any new arterial roads through the Huron Community. 7.12 That in the development of a transportation network, consideration be given to alternate forms of transportation. These would include public transit, walking and cycling through measures such as: The creation of street networks and pedestrian links suitable to alternate transportation modes. The use of site planning and urban design techniques to foster attractive pedestrian streetscapes and environments. Minimizing walking distances between housing, schools, transit stops, parks, open space and other local destinations. 8.0 TRANSIT 8.1 That public transit in Huron be recognized as essential. Accordingly, community design NOVEMBER 7, 1994 COUNCIL MINUTES -545- CITY OF KITCHENER COUNCIL MINUTES NOVEMBER 7, 1994 - 545- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL shall conform to the Subdivision Design Guidelines of Kitchener Transit. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 6. (Cont'd) 8.2 That site design in Huron have regard for convenient and safe pedestrian access between on street transit facilities and buildings. 8.3 That consideration be given to reduced building setback or off street transit facilities for large transit generators. 8.4 That land uses generating higher transit usage such as office, commercial or institutional uses be located adjacent to transit routes. 8.5 That local streets and walkways be designed to provide convenient and direct pedestrian access to transit routes. 8.6 That although three separate major land use areas have been defined in this Plan, the Huron area is still considered a single community with regard to internal links, access and transit routing. 9.0 SERVICING AND UTILITIES 9.1 That new development be serviced by municipal water, sanitary and storm sewers. 9.2 That all Site Plans meet the criteria of the Ontario Ministry of Environment and Energy as a Certified Storm Water Plan. A certificate of approval from the M.O.E.E. will be required. 9.3 That the Strasburg Creek Master Watershed Study, prepared by Paragon Engineering and recommendations made to its revision by the Huron Environmental Area Co-operative Project, prepared by Geomatics International be the governing documents for servicing, storm water management and environmental protection within the Huron Community. 9.4 That to prevent contamination of ground and surface water resources, all service or utility related uses that process, or store chemicals in bulk shall provide containment facilities in case of spills. These facilities shall be required to obtain written approval from the Ministry of the Environment and Energy before a building permit is issued. (Deferred and referred to the Planning and Development Department for further review) 9.5 That where feasible, the existing storm water management facilities upstream of Huron Road, discharging into the Middle and North branch of the Strasburg Creek, be retrofitted to enhance the storm water quality for the Huron Natural Area in accordance with the Strasburg Creek Master Watershed Plan. 9.6 That individual at-source controls for storm water quality be incorporated into the site design for new development where existing ponds cannot be retrofitted for water quality enhancement or no central quality control facilities exist. 9.7 That any industrial operation that may discharge materials into the environment obtain necessary approvals from the Ministry of Environment and Energy and other appropriate agencies. 9.8 That storm water management practices in the Huron Community be in compliance with "Interim Storm Water Management Guidelines for New Development" and "Stormwater NOVEMBER 7, 1994 COUNCIL MINUTES -546- CITY OF KITCHENER COUNCIL MINUTES NOVEMBER 7, 1994 - 546- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Management Practices, Planning and Design Manual" documents published by the Ontario Ministry of Environment and Energy in 1994. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 6. (Cont'd) 9.9 9.10 That the location of the Middle Strasburg Creek trunk sanitary sewer be determined in accordance with the Class Environmental Assessment process as outlined in the Environmental Assessment Act. That with the approval of Ontario Hydro, the local electrical utility and the City of Kitchener, the hydro rights-of-way may be used in conjunction with adjacent uses. 9.11 That an electrical transformer station of approximately 1ha be located on Huron or Strasburg Road adjacent to the Ontario Hydro Easement. 10.0 NOISE 10.1 That attention be given to noise attenuation on residential lands located near Westmount Road and Huron Road. 10.2 That site plans, acoustical barriers, architectural design and building construction features be used in attenuating noise impact. 10.3 That where necessary, site design of business uses take into consideration ways to protect users of the Huron Natural Area from noise pollution from the Business areas. 11.0 HERITAGE RESOURCES 11.1 That further to Policy 5.3.17 of the Kitchener Municipal Plan, consideration be given to the effects of public works on the heritage resources of the Community. 11.2 That recognition be given to Heritage Resources and potential significant archaeological sites within the plan area. Provision is hereby made for any required study and possible designation of such sites under the provisions of The Ontario Heritage Act prior to development or grading. 11.3 That the Steckle Farm at 811-831 Bleams Road be recognized as a designated property under the Ontario Heritage Act and a significant historical landmark in the community. 11.4 That under the guidelines of the Ontario Heritage Act, the site of former New Aberdeen on Huron Road be the focus of archaeological assessment prior to development. 11.5 That the "Archaeological Resource Assessment of the Huron and Strasburg Road Alignments - Huron Industrial Park" by the Museum of Indian Archaeology in September 1982 provide guidance to any archaeological work. 11.6 That Huron Road be recognized as a Heritage Highway due to its significant role in the early settlement of this area. 12.0 STAGING 12.1 That no residential plans of subdivision be developed in the Huron Community until the realigned (new) Huron Road is constructed from Strasburg Road to Homer Watson Boulevard, including completion of the interchange at Homer Watson Boulevard. NOVEMBER 7, 1994 COUNCIL MINUTES -547- CITY OF KITCHENER COUNCIL MINUTES NOVEMBER 7, 1994 - 547 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL It is the opinion of this Committee that the approval of this Community Plan is proper planning for the City. B) That Planning and Development Staff Reports PD's 93/82, 42,89 and 120/89 - Huron Business Park Secondary Plan be repealed. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 6. (Cont'd) c) That Kitchener City Council request the Regional Municipality of Waterloo to modify the City's Municipal Plan to incorporate the following modification: a) That Map 5 - Land Use Plan be revised as shown on the attached Schedule A. It is the opinion of this Committee that approval of this modification is proper planning for the City. (As Amended) COMMUNITY SERVICES COMMITTEE - That $2,000.00 be allocated in the City's 1995 operating budget to facilitate an opening reception for the volunteers and officials for each of the two Provincial Championships hosted by the Ontario Track and Field Association on the weekends of July 21 - 23, 1995 (Junior, Midget, Bantam) and August 4 - 6, 1995 (Juvenile, Senior). That we exercise our option to renew our contract with the Central Ontario Exhibition, in conjunction with Conklin's World's Finest Shows, for the presentation of the 1995 K-W Country Fest; and further, That the C.O.E. choose one of the two rental options for 1995, with the City to subsidize the use of the premises as per the five year rental scale approved by Council on October 12, 1993. That the City of Kitchener and Kitchener Ranger Hockey Club initiate a seat name plate dedication programme at the Kitchener Memorial Auditorium Complex in conjunction with the installation of the new seats in Dom Cardillo Arena, and That for a $100.00 tax-deductible donation per seat, the donors name, or company name will appear on a permanently-riveted name plate mounted on the face of the seat back which will be maintained there for the life span of the seats, and That all donations received be held in the Kitchener Memorial Auditorium Complex Capital Reserve Account administered by the City of Kitchener Finance Department, with the intent of providing new capital enhancements for the complex; and further That the fund be managed by a Committee comprised of the Chairman of the Community Services Committee, the President of the Kitchener Ranger Hockey Club, the Assistant General Manager of the Parks and Recreation Department and the Manager of the Kitchener Memorial Auditorium Complex/Kitchener Farmers Market, with the Committee to recommend projects from the fund to be approved through the regular capital budget process, as donations become available. FINANCE AND ADMINISTRATION COMMITTEE - 1. That the draft by-law appended to the memorandum of Ms. D. Arnold dated October 25, 1994 NOVEMBER 7, 1994 COUNCIL MINUTES - 548- CITY OF KITCHENER COUNCIL MINUTES NOVEMBER 7, 1994 - 548- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL amending Chapter 530 (Dogs) of the City of Kitchener Municipal Code relative to dangerous and potentially dangerous dogs be enacted subject to the following amendments: Section 530.5.5(b) reflecting convictions on a total of three occasions within one twelve month period; that where a dog has been designated as potentially dangerous and an appeal has been lodged by the owner, the third party liability coverage referred to under Section 530.5.9(c) be required subsequent to the outcome of such appeal; the by-law clearly indicating that any member of the public can initiate the process whereby the Poundkeeper assesses whether a dog is dangerous or potentially dangerous; the owner of a dog designated either dangerous or potentially dangerous being given three business days from the date of receiving notice from the Humane FINANCE AND ADMINISTRATION COMMITTEE - 1. (Cont'd) Society to lodge an appeal of such designation, and that the appeal be heard within fifteenbusiness days of the City receiving the owner's request; the by-law making specific reference to the Dangerous Dogs Appeal Committee; the owners of lands in the City zoned Agricultural being granted an exemption from use of the containment methods outlined in Section 530.5.4; microchip implantation for identification purposes being required for all dogs designated dangerous or potentially dangerous, with same being at the owner's expense and subject to the outcome of any appeal of the designation, and further, That Council appoint a Dangerous Dogs Appeal Committee to review appeals by the owner of a dog which has been declared dangerous or potentially dangerous by the Poundkeeper with said Committee to be comprised of the following: a Member of Council; a Veterinarian; an executive member of the K-W Kennel Club, and that in the interest of ensuring that hearings are held in a timely manner, alternates be appointed in each of the three categories. (Dealt with under Delegations and Carried) That the City accepts, and the Mayor and Clerk be authorized to execute, an Offer to Purchase dated November 7, 1994 from Robert Jolkowski in trust for lands composed of Part 13, Reference Plan 58R-7426, being about 1.528 acres in Phase III, Huron Business Park, at a purchase price of $129,880 ($85,000 per acre), and That the City grant to the purchaser the right of first refusal contained in the Offer for Part 14, Reference Plan 58R-7426, and further That the Mayor and Clerk be authorized to execute any other necessary documentation required by the City Solicitor. LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE - That Kaufman Footwear Ltd. be requested to take a second close financial and engineering look at the relocation of the hydro transformer with an eye to the retention of part of the buildings fronting on Victoria Street; and That a decision in this regard be relayed, in person, directly to the L.A.C.A.C. sub-committee composed of Mr. E. Bow, Mrs. P. Wagner, Mr. V. Tarbutt, Ms. S. Burke and Mr. R. Coo; and That if there is to be a demolition of all or part of the buildings fronting on Victoria Street, the Local Architectural Conservation Advisory Committee will agree, only on the understanding that Kaufman Footwear Ltd. agrees to the designation of the buildings fronting on King Street; subject to the Local Architectural Conservation Advisory Committee and Kaufman Footwear Ltd. arriving at mutually agreeable criteria for designations; and further That, should any or all of the buildings fronting on Victoria Street be demolished the Local NOVEMBER 7, 1994 COUNCIL MINUTES -549- CITY OF KITCHENER COUNCIL MINUTES NOVEMBER 7, 1994 - 549- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Archetectural Conservation Advisory Committee be permitted to document these buildings prior to them being demolished. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That the revised Quality Standard for Bus Stop Snow Removal, dated November 1994, be adopted, and further, That three (3) additional sidewalk ploughs be purchased to provide for the increased level of service at bus stops, and further, PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) 1. (Cont'd) That an amount of $240,000.00 be provided in the 1995 Capital Budget for the purchase of three (3) additional sidewalk ploughs. That the City of Kitchener oppose the 'Revised Traffic Control Signal Warrants' proposed by the Regional Municipality of Waterloo, and further, That the City of Kitchener recommend that the Regional Municipality of Waterloo establish a priority system of installing traffic control signals based on the level of compliance to the existing Ministry of Transportation Warrant criteria, and further, That Mr. D. Snow, Director of Traffic and Parking, determine when this matter will be considered by the Regional Engineering Committee and arrange to appear as a delegation to present the City's views regarding this matter. COUNCIL MINUTES NOVEMBER 7, 1994 -550 - CITY OF KITCHENER COMMITTEE OF THE WHOLE 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." REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Licenses It was resolved: "That the City of Kitchener has no objection to the Knights of Columbus, Ontario State Council, 759 Warden Avenue, Scarborough, Ontario, M1L 4B5, being granted permission to sell tickets in the City of Kitchener for their Annual Charity Car Draw to be held at the Regal Constellation Hotel, 900 Dixon Road, Etobicoke, on May 20, 1995." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Juvenile Diabetes Foundation Canada, Region of Waterloo Chapter, 450 Westheights Drive, Unit 20A, P.O. Box 44, 004 Driftwood Centre, Kitchener, Ontario, N2N 3G7, to conduct a Monte Carlo event at Marshall Hall, Bingeman Park Farms on Saturday, May 6, 1995." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Kitchener-Waterloo Minor Lacrosse Association to conduct a Monte Carlo event at the Howard Johnson, 1333 Weber Street East, Kitchener on December 16-18, 1994 inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Central Ontario Development Riding Program to conduct a Monte Carlo event at the Victoria Park Pavilion, 80 Schneider Avenue, Kitchener on February 4, 1995." 2. Christmas Liqhtinq - Downtown Streets It was resolved: "That illumination of special Christmas Lighting on the downtown streets commence the week of November 14, 1994 and continue through to the week of January 2, 1995 with illumination from 4 p.m. to 12 midnight daily." 3. Release of Undertakinq - Hidden Valley Road The Committee was in receipt of a memorandum from Mr. J. Wallace dated November 4, 1994 recommending release of an Undertaking pursuant to a Development Agreement. It was resolved: "That the Mayor and Clerk are hereby authorized to execute a release in a form to be approved by the City Solicitor with respect to an Undertaking deposited in the Registry Office on April 29, 1971 as Instrument Number 445401 ." COUNCIL MINUTES NOVEMBER 7, 1994 -551 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 4. License - Super Jackpot The Committee was in receipt of a report and recommendation from Mrs. J. Koppeser dated November 4, 1994. It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Region of Waterloo Swim Club and the Sertoma Speed Skating Club to conduct a Super Jackpot lottery at the Transylvania Club, 15 Andrew Street, Kitchener, on Sunday and Wednesday evenings." 5. Licence - Refreshment Stand The Committee was in receipt of a report and recommendation from Mrs. J. Koppeser dated November 7, 1994. It was resolved: "That the Kitchener Minor Hockey's Koyotees Triple A Team be granted permission to operate a refreshment stand, in front of the Zehrs at Zehrs Hiway Centre, Kitchener, on November 12, 1994 provided that the necessary Licence and Health and Fire approvals are obtained and that a nominal fee of $1.00 be charged." 6. Expropriation Claim - 121 Duke Street West (Ancona Printinq) It was resolved: "That the City accepts the offer of Ancona Printing Limited, set out in the November 7, 1994 letter from its solicitor, Mr. John Doherty, to settle in full its expropriation claim respecting 121 Duke Street West, Kitchener, for the additional sum of $164,000.00 plus interest and costs under the Expropriation Act." Councillor J. Ziegler asked that it be recorded he is opposed to the above settlement. 7. Settlement of Claim - Early Retirement It was resolved: "That the City accepts the offer of Gordon O'Hagan, set out in the November 3, 1994 letter of his solicitor, Mr. Terence Billo, to settle his claim against the City respecting early retirement for the all inclusive sum of $14,500.00." Councillors J. Smola and T. Galloway asked that it be recorded they are opposed to the above settlement. 8. Settlement of Lawsuit - Reliable Construction It was resolved: "That in return for release of all claims, including releases of all outstanding mechanics liens and costs, the City agrees to settle the action launched by Reliable Construction by payment of the total sum of $95,000.00." Councillors J. Ziegler and J. Smola asked that it be recorded they are opposed to the above settlement.