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HomeMy WebLinkAboutCouncil Minutes - 1995-02-06COUNCIL\1995-02-06 FEBRUARY 6, 1995 COUNCIL MINUTES CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by Ms. Sarah Brockwell who also sings the National Anthem at Kitchener Ranger Hockey Games. On motion by Councillor K. Redman, the minutes of the regular meeting held January 23, 1995 and the special meetings held January 23, 1995 and January 30, 1995, as mailed to the Mayor and Councillors, were accepted. A. COMMUNICATION REFERRED TO COMMITTEE OF THE WHOLE - (1) Letter dated February 1, 1995 from R.W. Pritchard, Commissioner of General Services & City Clerk, to members of Council relative to applications for cancellation, refund, reduction or levy of taxes. Mr. L. Gordon appeared as a delegation to answer questions regarding the tender listed on the Committee of the Whole agenda of this date. Councillor T. Galloway advised that he did not have a question concerning the tender but did wish to raise the matter of the Seat Replacement Program at the Auditorium and the lack of opportunity for members of the public to purchase the old seats as reported in the newspaper. He stated that he understood the situation has changed and requested an update. Mr. Gordon advised that the company purchasing the old seats has donated some of them back to the City so that members of the public who previously expressed an interest in acquiring them, may do so. Moved by Councillor G. Lorentz Seconded by Councillor John Smola "That tender T95-6, Gate Valves, be awarded to Westburne Supply Ontario, Kitchener at their tendered price of $115,355., plus P.S.T. and G.S.T." Carried. Mr. Allan Marshall appeared as a delegation and advised that he was a participant in the Safety-Kleen Environmental Assessment Hearing. He indicated that his particular interest was the quality of ground and surface water and that he wished to pass on information to the Council in this regard. He stated that under direction from the Board Hearing, he faxed information to the City of Kitchener in care of Mr. D. Suzuki, being: Letters dated June and July, 1979 from the Ministry of the Environment to the Region of Waterloo (which he noted confirms that the Region was aware of contaminants), a list of 25 chemicals in wells K-70 and K-71 along the Grand River, and newspaper articles dated January 15 and August 1, 1992 concerning PCB's at Breslube. He also noted that he was leaving another document with Council this date entitled "Putting the Lid on Dioxins" produced by an American group. He advised that essentially the report deals with a 1994 reassessment of dioxin and the effects of chronic Iow level exposure to dioxin plus other related chemicals. Mr. Marshall then reviewed some of the scientific evidence put forward in the report with respect to these matters and PCB's and stated that it was time that the Federal government recognized the danger and the need to take protective measures. In summary, his point was that PCB's are present and the document gives evidence that they cause adverse health effects and it was his hope that this material would help the Board Hearing to reach its conclusion in April. As information, Mayor Richard Christy advised that the Environmental Hearing had been adjourned to March 15, 1995. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi That the report of the Planning and Economic Development Committee of Council of this date be adopted. On motion by Councillor C. Weylie seconded by Councillor M. Yantzi, clause 5 was amended to include direction with respect to sending of the resolution addressing Bill 163 concerns. Voted on clause by clause. COUNCIL MINUTES FEBRUARY 6, 1995 CITY OF KITCI:IENER Clause 5 - Carried, as amended. Balance of Report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor John Smola That the report of the Community Services Committee of this date be adopted. Carried. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi That the report of the Finance and Administration Committee of this date be adopted. In reference to clause 1, Mr. R.W. Pritchard advised that the earliest date Dr. Williams could be available to meet with Council was February 27. Following discussion, Council agreed to a March 6 meeting date with Dr. Williams. Councillor T. Galloway advised that clause 1 as written, dealt only with the issue of Ward Boundaries and not the issue of election to Regional Council. Mayor Richard Christy advised that all matters related to the total electoral representation would be the subject of discussion at Council's round table meeting with Dr. Williams. Councillor J. Ziegler referred to a memorandum dated February 1, 1995 respecting a budget for the Mayor's Task Force for the Downtown and requested that this be added to the report for approval this date in order to expedite the Task Force undertaking its work. The report was then put to a vote. Voted on clause by clause. Clause 1 - Carried. Balance of report - Carried. Moved by Councillor John Smola Seconded by Councillor M. Wagner That the report of the Public Works and Transportation Committee of this date be adopted. Councillor John Smola referred to clause 3 of the report as it relates to the resurfacing of King Street and noted that any project that would consume 25% or more of a budget should be treated separately at the City's February 10 budget meeting. Mr. J. Gazzola confirmed that the issue should have been identified as a budget line item, as item (h) and referred for budget consideration. The report was then put to a vote. Clause 2 - Carried. Clause 3 - Carried (with budget line item (h) pertaining to the method of financing the re-surfacing referred to the February 10, 1995 Finance and Administration Committee budget meeting. Balance of report - Carried. Recorded pecuniary conflicts of interest and abstention: Clause 2 - Councillor J. Ziegler as he owns property on King Street East between the railway tracks (south of Fairway Road) and the Grand River. COUNCIL MINUTES FEBRUARY 6, 1995 CITY OF KITCI:IENER Appreciative compliments were extended to the Kitchener Fire Department, who fought a very difficult blaze under extremely cold weather conditions on February 5, as well as to Public Works Department and Transit staff who supported firefighters. Councillor B. Vrbanovic advised that the Graber Place Odour Committee was holding a public information meeting on Wednesday, February 8, 1995 from 4:30 p.m. to 8:30 p.m. at Sunnyside Home. Councillor J. Ziegler referred to a resolution received from the City of Sarnia dealing with the "negative billing option" as practised by Rogers Cable T.V. to expand its cable programming services over the basic rate services. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz That the resolution of the City of Sarnia dealing with the "negative billing option" practice be endorsed and forwarded to the Association of Municipalities of Ontario. Carried. Councillor T. Galloway enquired if appropriate staff and the Humane Society would consider a reduced rate of annual licensing fees for dogs that have been spade or neutered. It was agreed that following preparation of a report, the matter be placed on a future agenda of the Finance and Administration Committee. Councillor T. Galloway referred to developments that have taken place in the Grand River North Subdivision that will see some additional lands coming into public ownership. He requested the Planning and Development Department to prepare a report explaining how the result came about so that Councillors have an understanding as to exactly what happened should they have to deal with a similar situation in future. Moved by Councillor John Smola Seconded by Councillor Jake Smola That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to exempt a certain lot from Part Lot Control - Lots 316, 317 and 318, Registered Plan 1416 - The Country Way (b) Being a by-law to exempt a certain lot from Part Lot Control - Lots 33 and 36, Registered Plan 1798 - Fairway Crescent (c) Being a by-law to exempt a certain lot from Part Lot Control - Blocks 3 & 4, Registered Plan 1806 - Gregg Court (d) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (e) Being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs (f) Being a by-law to provide for the establishing and laying out of part of General Drive as a public highway in the City of Kitchener (g) 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 R. Christy appointed Councillor K. Redman as Chair. FEBRUARY 6, 1995 COUNCIL MINUTES - ~9- CITY OF KITCI:IENER On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. Moved by Councillor K. Redman 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 John Smola Seconded by Councillor Jake Smola That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) (e) (f) (g) Being a by-law to exempt a certain lot from Part Lot Control - Lots 316, 317 and 318, Registered Plan 1416 - The Country Way (By-law No. 95-12) Being a by-law to exempt a certain lot from Part Lot Control - Lots 33 and 36, Registered Plan 1798 - Fairway Crescent (By-law No. 95-13) Being a by-law to exempt a certain lot from Part Lot Control - Blocks 3 & 4, Registered Plan 1806 - Gregg Court (By-law No. 95-14) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (By-law No. 95-15) Being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs (By-law No. 95-16) Being a by-law to provide for the establishing and laying out of part of General Drive as a public highway in the City of Kitchener (By-law No. 95-17) To confirm all actions and proceedings of the Council (By-law No. 95-18) be taken as read a third time, be finally passed and numbered serially by the Clerk. On motion, the meeting adjourned. Carried. MAYOR CLERK PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 1. That Council advise the Ontario Municipal Board of its support for the following: "Whereas the Council of the City of Kitchener passed By-law 94-183 on October 11, 1994; And whereas it is the position of the City of Kitchener that the four appeals received to By-law 94- 183 are site specific in nature and apply specifically to 1054 Hidden Valley Road, described as Lot 4, Registrar's Compiled Plan 1519, and 908 Highland Road West, described as Parts 1, 2, 3 and 4, Plan 58R-7814; And whereas Council believes it is important to expedite the approval of By-law 94-183 for the benefit of all the lands which are not subject to appeal; Now therefore the Council of the City of Kitchener requests that the Ontario Municipal Board approve the portions of By-law 94-183 not subject to appeal, under its authority granted by Section 34 (31) of the Planning Act as amended by Bill 40, the "Community Economic Development Act." That Council of The Corporation of The City of Kitchener amend the City of Kitchener's Tree Management Policy Recommendations, specifically recommendation 2.8 by substituting the following: 2.8 That the Department of Planning and Development monitor the effectiveness of the approved Tree Management Policy. The monitoring is to review the necessity of securities for Lot Grading and Tree Management. The period of monitoring is to be for two years and subsequently submit a report to Council on the findings of the monitoring with a recommendation on whether or not financial securities are truly required. a) That the City of Kitchener continue with its present practise of long term enforcement of Site Plan Agreements by not releasing maintenance clauses contained within the Development Agreements. b) That, with regard to site specific problems of non-compliance, the City of Kitchener continue with its present practise of using the Property Standards By-law to enforce compliance with Development Agreements. c) That the question of using the new tree protection provisions of Bill 163, scheduled to come into effect on March 1, 1995, be referred to the Environmental Committee. d) That staff develop information brochures to assist homeowners and businesses in the proper management of treed areas and vegetation communities in residential and industrial subdivisions. e) That the question of using the new site alteration provisions of Bill 163, scheduled to come into effect on March 1, 1995, be referred to the Environmental Committee. That a further extension of time from January 30, 1995 to February 13, 1995 be granted so as to allow Mr. Howard Magid additional time to complete the construction of a solid wood fence required by Condition #6 of Zone Change Application #93/22/G/LM (Autocraft Foreign Cars Inc.) originally approved by City Council on October 24, 1994. Whereas the Province formed the Implementation Advisory Task Force (IATF) in June, 1994 to review the development of implementation guidelines and the regulations which accompany Bill 163; and PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 5. (Cont'd) Whereas as part of the Proclamation Schedule for Bill 163, planning reform, the Province intends to release the regulations and guidelines on March 1, 1995; and Whereas, after reviewing the near final package of the implementation guidelines and regulations, FEBRUARY 6, 1995 COUNCIL MINUTES CITY OF KITCI:IENER COUNCIL MINUTES FEBRUARY 6, 1995 - 31- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL the AMO representatives to the Task Force and several Planning Commissioners/General Managers of the Ontario Association of Chief Planning Officials (OACPO) have identified significant problems and flaws, and believe that the guidelines and regulations in their current form do not sufficiently address municipal concerns and needs; and Whereas because of the above concerns, AMO and OACPO representatives have recommended that because of their poor quality, the regulations and guidelines should not be released on March 1, 1995 and that there should be additional time to carefully consider the package as a whole; and Whereas because of these concerns, the City of Kitchener requests that, if the Province is not prepared to delay their release, the guidelines and regulations be considered to be draft only, to enable the IATF to receive further input and recommendations from municipalities and other users and amend the guidelines and regulations; and Whereas, the City of Kitchener recommends that, with the exception of those regulations that are absolutely necessary for the implementation of the new Act, such as the notice requirements for public meetings, all other regulations be released at a later date and that local municipal staff work directly with provincial staff towards substantially improving their content. THEREFORE BE IT RESOLVED that the Corporation of the City of Kitchener endorses the position of the AMO representatives on the Implementation Advisory Task Force on Planning Reform as outlined in their letter of January 18, 1995 to Mr. Dale Martin, Provincial Facilitator, and requests that the Province respond immediately to these concerns. And further, that a copy of this resolution be forwarded to the Association of Municipalities of Ontario, the Provincial Facilitator, the Minister of Municipal Affairs, relevant Ministry staff and all local M.P.P.'s. (As Amended) That Zone Change Application 931910NL (Dunsinnan Development Inc.) requesting a change in zoning from Neighbourhood Shopping Centre Zone (C-2) to Residential Four Zone (R-4) and Open Space Zone (P-2), according to By-law 85-1, on Part of Block 293, Registered Plan 1349, more particularly described as Part 2 of Plan 58R-1778, be approved in the form shown in the proposed By-law, attached dated August 8, 1994, subject to the subdivision conditions contained in B below; It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. That Subdivision Application 30T-93011 (Dunsinnan Developments Inc.) be recommended to the Regional Municipality of Waterloo 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 on the attached Plan of Subdivision and that following special conditions be written therein. The Subdivider covenants and agrees; PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 6. (Cont'd) 51. That the final plan for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated 94/12/09, providing that minor amendments to said FEBRUARY 6, 1995 COUNCIL MINUTES CITY OF KITCI:IENER COUNCIL MINUTES FEBRUARY 6, 1995 CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL 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 and Drainage Control Plan for the approval of the City's Commissioner of Public Works in consultation with the Department of Parks and Recreation, the Grand River Conservation Authority and the Ministry of Natural Resources, prior to registration of the plan of subdivision. 53. That prior to any grading or construction on the site, to submit for the approval of the City's Commissioner of Public Works, in consultation with the Department of Parks and Recreation, the Grand River Conservation Authority and the Ministry of Natural Resources a detailed engineering design for Storm Water Management in accordance with the approved concept plan. Said engineering design shall include 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. 54. To construct a 1.5 metre wide concrete sidewalk along the northerly side of Fenton Court from the sidewalk on Old Country Drive to the terminus of Fenton Court. 55. That the new street within the Plan of Subdivision shall be named "Fenton Court", which shall appear on the final plan for registration. 56. To convey to the City of Kitchener Block 15 for Storm Water Management purposes, at no cost and free of encumbrance, concurrently with the registration of the Plan of Subdivision; 57. To obtain from the Grand River Conservation Authority, a Fill Construction and Alteration to Waterways Permit under Ontario Regulation 154/86. Such permit shall be obtained prior to on-site grading, the installation of services and prior to the registration of the Plan of Subdivision. 58. To install a 1.8 metre high solid wood fence along the rear of Lots 1 to 13 inclusive and along the side lot line of Lot 14 abutting the Balzer Greenway and a 1.8 metre high chain link fence along the rear of Lot 14. Said fencing shall be installed within the affected lots prior to the transfer of title of such lots to the first time occupants, or in the event of winter conditions shall be installed by June 1st immediately following such transfer of title. 59. That construction traffic to and from the proposed subdivision shall be restricted to using Country Hill Drive and Block Line Road to Homer Watson Boulevard only. All construction traffic shall be prohibited from using other internal residential streets in that community. The Subdivider agrees to advise all relevant contractors, builders and other persons of this requirement with the subdivider being responsible for any signage, where required all to the satisfaction of the Director of Traffic and Parking Services. 60. That driveway locations shall be paired throughout the Plan of Subdivision with the exception of Lots 13 and 14. 61. The City agrees to release from title the previous agreements required through Subdivision Plan 1349, registered on title as Instrument #451351 and, Severance Application B-31/77, registered on title as Instrument #618711, as they pertain to the PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) (Cont'd) subject lands, immediately subsequent to the registration of the Subdivision Agreement required through this Plan of Subdivision. COUNCIL MINUTES FEBRUARY 6, 1995 - 33 - CITY OF KITCI:IENER COUNCIL MINUTES FEBRUARY 6, 1995 - 33 - CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL It is the opinion of this Committee that approval of this application is proper planning for the City. That the implementing Zoning By-law for Zone Change Application 93/9/0NL (Dunsinnan Development Inc.) not be presented to City Council until Subdivision Application 30T-93011 has received Regional Draft Plan Approval whereupon the amending Zoning By-law shall be presented to Council for three readings. Alternatively, three readings of the amending zoning by-law may be given if the City Clerk is presented with a letter from the Regional Municipality of Waterloo advising that the Region has no objections to the passing of the By-law. That Zone Change Application 88/55/O/CL (Activa Development Corporation) requesting a change in zoning from Township Agriculture (Twp. A) according to By-law 878A to Residential 4 Zone (R-4) with special regulation provision 213R, Residential 6 Zone (R-6), Residential 6 Zone (R-6) with special regulation provision 209R, and Hazard Land Zone (P- 3) according to By-law 85-1 on Part of Lots 46 and 47 German Company Tract, Lots 4 to 7 inclusive and Part of Lots 1, 2, 3, 8, 11, and 12, Part of 0.305 metre reserve "A" and Koch Avenue closed, Part of Towerview Avenue (closed by Judges's Order, Instrument Number 1013157), Registered Plan 820, be approved, in the form shown in the "Proposed By-law" attached dated January 5, 1995 subject to the subdivision conditions listed in (B) 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 Municipal Plan. That Subdivision Application 30T-88041/CL (Activa Development Corporation) 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 subdivision and that the following special 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 11 28, 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. The Subdivision may be registered in two (2) stages, with Stage 1 consisting of Blocks 1 to 34 inclusive and Stage 2 shall consist of Block 1 as shown on the Plan of Subdivision attached hereto. 53. To submit a Lot Grading and Drainage Control Plan for the approval of the City's Commissioner of Public Works in consultation with the Department of Parks and Recreation, the Grand River Conservation Authority, Ontario Hydro, Union Gas and the Regional Municipality of Waterloo prior to the registration of each stage of the Plan of Subdivision. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 7. (Cont'd) COUNCIL MINUTES FEBRUARY 6, 1995 - 34 - CITY OF KITCI:IENER COUNCIL MINUTES FEBRUARY 6, 1995 - 34 - CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL 54. To submit for the approval of the City's Commissioner of Public Works, in consultation with the Department of Parks and Recreation, the Grand River Conservation Authority and the Regional Municipality of Waterloo 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. 55. To construct a 1.5 metre wide concrete sidewalks along the south side of Ottawa Street South where it is adjacent to the plan of subdivision, and along both sides of Streets One, Two, Three and Five. 56. That the street names within the Plan of Subdivision shall be approved by City Council prior to the registration of Stage 1 of the Plan of Subdivision, which shall include approval, in principle, by Council of the renaming of the open portion of Towerview Avenue adjacent to Block 30. 57. To convey to the City of Kitchener the following lands for the purposes stated therein, at no cost and free of encumbrance, concurrently with the registration of the plan of subdivision: a) Block 26 for open space purposes; b) Block 27 for storm water management purposes; c) Blocks 31, 32, 33 and 34 for 0.3 metre reserves. 58. To dedicate, by plan registration, to the City of Kitchener the following lands for the purposes stated therein: a) Block 28 for a dual purpose public walkway/temporary road; b) Block 29 for a public walkway; c) Block 30 for a road widening. 59. The Subdivider shall construct a 6.0 metre wide dual purpose public walkway/temporary access within Block 28 to the satisfaction of the Department of Public Works prior to the issuance of any building permits within the plan of subdivision. The Subdivider further agrees to remove the temporary road at such time as permanent secondary access to Fisher-Hallman Road is constructed and open to vehicular traffic through further subdivision stages and replace it with a 1.5 metre concrete sidewalk to the satisfaction of the Department of Public Works. 60. That it be acknowledged that the 5 percent parkland dedication required for this plan of subdivision, being 0.755 hectares, be satisfied by a land conveyance from other lands owned by the Subdivider, described as Part of Lot 47, German Company Tract and Part of Lot 1 and Part of 0.305 metre Reserve 'A' and Part of Towerview Avenue, Registered Plan 820 and that prior to registration of Stage 1 of this Plan, an ancillary agreement be registered on those lands setting out the park dedication at the time of the registration of the future subdivision. 61. The Subdivider agrees to install a boundary identification system along the rear lot lines of Block 23 (Stage 1 ) and the southerly side lot line of Blocks 24 (Stage 1 ) and Block 1 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) FEBRUARY 6, 1995 COUNCIL MINUTES CITY OF KITCI:IENER COUNCIL MINUTES FEBRUARY 6, 1995 - 35- CITY OF KITCI:IENER 7. (Cont'd) REPORTS ADOPTED BY COUNCIL 62. 63. 64. (Stage 2) which abut the Laurentian Wetland, at such time required by and to the satisfaction of the General Manager of Parks and Recreation. Further, the Subdivider agrees to include a statement advising of the boundary identification system requirement in all Offers to Purchase and Agreements of Purchase and Sale for the Blocks/Lots affected by this clause. To obtain from the Grand River Conservation Authority, a Fill, Construction and Alteration to Waterways Permit under Ontario Regulation 154/86. Such permit shall be obtained prior to on-site grading, the installation of services and prior to the City's release of Stage 1 of the Subdivision Plan for registration. To make satisfactory arrangements with Ontario Hydro for any required temporary and permanent fencing around the hydro facilities and for the relocation of or revisions to Ontario Hydro facilities if required as a result of the subdivision, prior to registration of Stage 1 of the Subdivision Plan. In this regard, the subdivider shall present a letter to the Department of Planning and Development confirming that satisfactory arrangements have been made with Ontario Hydro for the above matters, prior to the City's release of the Plan of Subdivision for registration. The Subdivider further agrees to satisfy Ontario Hydro with respect to being responsible for the restoration of any damage to the right-of-way resulting from construction of the subdivision. That in consideration of the wooded character of the subdivision lands and the City's desire to minimize the impact of development on treed areas worth retaining, the Subdivider agrees to comply with the following process in the development of the subdivision in accordance with the City's approved Tree Management Policy: a) prior to the City releasing each stage of the plan of subdivision for registration, the Subdivider shall submit the Detailed Vegetation Plan, for the approval of the Department of Planning and Development. b) that no area/rough grading shall occur on the lands until such time as all approved measures for protection of isolated trees, tree clusters and woodlands affected by such grading have been satisfactorily implemented, the City has inspected these measures and the Subdivider has received a written authorization from the City's Engineering Division to proceed with said grading. c) to implement and be responsible for providing all information contained in the approved Detailed Vegetation Plan, Tree Preservation/Enhancement Plan (if applicable), to all of his heirs, executors, administrators, successors and assigns in order to ensure that the requirements outlined in said plan(s) are carried out as specified. d) a Tree Preservation/Enhancement Plan will be required for those lots or blocks, prior to applying for or having issued any building permits, which are subject to site plan approval under Section 41 of the Planning Act, corner lots (where site service locations and building type have not been predetermined), interior lots greater than 13.7 metres of street frontage, proposed buildings that are located deeper on the lot than that approved on the Detailed Vegetation Plan, and/or in which the revised grading will have an adverse effect on the Detailed Vegetation Plan. e) in the event of construction causing minor tree damage, remedial measures such as trimming, dressing, or bark doctoring shall be implemented at the Subdivider's cost and as directed by the Consultant who prepared the approved plan. In cases where major irreparable tree damage is done, liability is questionable, or the tree COUNCIL MINUTES FEBRUARY 6, 1995 - 36- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 7. (Cont'd) is judged to be unsafe in the opinion of the Subdivider's Environmental Consultant and/or the City, each such tree shall be removed and replaced with at least one tree of equal value based on the tree value formula as set out in "Guide for Plan Appraisal" International Society of Arboriculture, Latest Edition. Tree replacements are to be located on the same lot or block as the tree requiring removal or to a location within the subdivision requiring enhancement. Furthermore, such remedial measures or tree replacements shall be approved by the Department of Planning and Development and shall be satisfactorily implemented prior to occupancy of the units or due to weather conditions by the next planting season. 65. That construction traffic to and from the proposed subdivision shall use Ottawa Street via Street One and may not use Grove Drive. The Subdivider agrees to advise all relevant contractors, builders and other persons of this requirement with the Subdivider being responsible for any signage, where required, all to the satisfaction of the Director of Traffic and Parking Services. 66. To notify all purchasers of Blocks 17, 18, 19 and 20 by including in all Offers of PurchasegAgreements of Sale and Rental Agreements, a warning clause stating that due to the existing location of a Hydro Transformer Station on Ottawa Street South, excessive noise may be generated which may occasionally interfere with the enjoyment of the property. 67. To complete a noise study to determine noise levels from the hydro transformer station and any required mitigation measures and to submit same for the approval of the Ministry of Environment and Energy prior to registration of Stage 1 of the plan of subdivision. 68. To pair all residential driveways for all housing with less than 9.0 metres of lot width which do not use the 0 metre side yard concept within the Plan, where possible, in order to maximize on-street parking opportunities and boulevard landscaping areas. In this regard, prior to the issuance of building permits, the Subdivider is required to submit a plan showing lotting, building envelopes and driveway locations for all lots within the particular block, to be approved by the City's Department of Planning and Development. 69. That the division of lands in respect to all residential blocks within the plan will be permitted subject to sequential compliance with the following: a) To submit for the approval of the Department of Planning and Development and the Department of Public Works plans for each block illustrating lotting, building envelopes, driveway locations, maintenance easements, eave encroachment, service connections, street utility hardware, proposed grades, together with the plan showing typical building elevations where required. b) 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 the lotting pattern is in conformity with the approved engineering drawings. c) That subsequent to receiving final 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, Zoning and Inspections. FEBRUARY 6, 1995 COUNCIL MINUTES - 37- CITY OF KITCI:IENER COUNCIL MINUTES FEBRUARY 6, 1995 - 37- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 7. (Cont'd) 70. 71. 72. 73. 74. 75. d) 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. e) 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 the Department of Planning and Development when the last dwelling unit has been sold. To upgrade existing Fischer-Hallman Road, including the intersection of Ottawa Street, to a standard specified in the Fischer-Hallman Road Extension Study, from Ottawa Street to Grove Drive to the satisfaction of the Regional Municipality of Waterloo prior to occupancy of any dwelling unit. Prior to the issuance of any building permits within the plan of subdivision, the tender for Fischer-Hallman Road shall be awarded and financial securities in place, to the satisfaction of the Regional Municipality of Waterloo. That access to Block 25 shall be permitted only from Street Two and that no access from Street One shall be permitted. To install water pressure regulating valves in each dwelling located within an area that has service elevations below 349 metres, to the satisfaction of the City's Chief Building Official. That the City recognizes that it is 100% responsible for the costs associated with the Laurentian West Master Drainage Plan Study. In this regard the City agrees to reimburse the Subdivider for funding the study, either through direct payment upon the submission of a receipt for the completed works or through reimbursement in the form of a credit towards any City Development Charge required for this plan of subdivision. The Subdivider agrees to construct, at his cost, that portion of Street Two (Towerview Avenue) adjacent to Block 30. Immediately subsequent to the registration of Stage 2, the City agrees to open by By-law as "public highway" the 0.3 metre reserve Block 34, provided that Street One construction has taken place, the street has been accepted and is ready to be opened to vehicular traffic, all to the satisfaction of the City's Department of Public Works. It is the opinion of this Committee that approval of this application is proper planning for the City. That the implementing Zoning By-law for Zone Change Application 88/55/O/CL (Activa Development Corporation) not be presented to City Council until Subdivision Application 30T-88041 has received Regional Draft Plan Approval whereupon the amending Zoning By-law shall be presented to Council for all three readings. Alternatively, three readings of the amending zoning by-law may be given if the City Clerk is presented with a letter from the Regional Municipality of Waterloo advising that the Region has no objections to the passing of the By-law. That an exemption to Council's 'Emergency Access Policy' be granted in order to temporarily allow Street Four to have a length of 170 metres with no emergency access instead of the 150 metre maximum. COUNCIL MINUTES FEBRUARY 6, 1995 - 38 - CITY OF KITCI:IENER COUNCIL MINUTES FEBRUARY 6, 1995 - 38 - CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - That we agree in principal to the request of the Township of Wilmot for the provision of aerial protection by the Kitchener Fire Department, on a fee for service basis; and further That the Kitchener Fire Department enter into discussions with the Township of Wilmot in this regard, with a contract to be presented at a future Community Services Committee meeting for approval. That we endorse the current membership of the Arts & Culture Advisory Committee, which will continue until its term ends March 31, 1995; at which time the committee will evaluate its composition and review the committee structure and representation; and That Council representation on the Cultural Strategic Planning process include a minimum of two Council members, who shall be Councillors M. Wagner and B. Vrbanovic, throughout the Cultural Strategic Planning process; and That we reaffirm our desire for the development of a Cultural Strategic Plan for the City of Kitchener; which was included in the Terms of Reference for the Arts and Culture Advisory Committee, approved by Council January 17, 1994; and That we provide appropriate funding and staff support for the development of a Cultural Strategic Plan; and further That upon completion of the Cultural Strategic Plan, the Arts & Culture Advisory Committee remain in place to advise on arts and cultural issues and to implement action steps that come out of the Cultural Strategic Plan. That the Mayor and Clerk be authorized to execute contracts with the two golf professionals as presented to the Community Services Committee on January 30, 1995. That the following rates be approved and added to the 1995 Cemetery Tariff of Charges, as they relate to the mausoleum operation: i) Inscription on Memorial Butterfly on feature wall - $200. ii) Disinterment charges from earth burial in a city cemetery to entombment in a mausoleum crypt - $795. iii) Additional charges for above disinterment if concrete burial receptacle was used - $155. iv) Replacement crypt shutters - $575. That we support, in principal, a 1995 Festival of Neighbourhoods, subject to the Festival organizers presenting their 1995 budget at a future Community Services Committee meeting. That Mayor R. Christy, Councillor T. Galloway and Councillor G. Lorentz be appointed as Council's representatives to sit on the Interim Board of Directors and the soon to be incorporated Board of Directors for the Huron Natural Area Co-operative Project. FINANCE AND ADMINISTRATION COMMITTEE - That the City commence the process leading to a ward boundary alignment in sufficient time for purposes of the 1997 Municipal Election, and that this process include: COUNCIL MINUTES FEBRUARY 6, 1995 - 39- CITY OF KITCI:IENER COUNCIL MINUTES FEBRUARY 6, 1995 - 39- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL a) An invitation to Dr. Robert J. Williams, Associate Professor, Department of Political Science, University of Waterloo to offer his expertise and input relative to the number of wards, ward boundary criteria and other related matters; FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 1. (Cont'd) b) Establishment of a staff committee consisting of R.W. Pritchard, Commissioner of General Services and City Clerk, Lloyd F. Parkhouse, Deputy City Clerk, and a senior representative from the Department of Planning and Development. That we approve an administrative budget for the Mayor's Task Force on the Downtown in the amount of $9,573, drawn from the $200,000 allocation in the City's Capital Budget for the Downtown. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That no action be taken regarding the request from Monarch Construction Limited to relieve them from their obligations to install a storm sewer and sump pump connections in Registered Plan 1689. That the City of Kitchener endorse the Regional Municipality of Waterloo's 1995 Roads Capital Program and 10 Year Capital Forecast, and further, That the Region include in the 1995 Traffic Signal Program the provision of Traffic Control Signals at the intersection of Kingsway Drive and Wilson Avenue. That up to thirty-two (32) additional metered parking spaces be created on King Street between Benton/Frederick Streets and Francis Street. (Budget line item (h) pertaining to the method of financing the re-surfacing referred to the February 10, 1995 Finance and Administration Committee Budget Meeting). (As Amended) That the school bus loading zone on the south side of Blueridge Avenue be extended to accommodate a total of three (3) full sized school buses, and further, That the Uniform Traffic By-law be amended accordingly. That the Ministry of Transportation be requested to improve the service levels for grass cutting and litter pick-up on the K-W Expressway, particularly at exit ramps and on the access ramps to Highway 8 at Fairway Road South in the City of Kitchener. COUNCIL MINUTES FEBRUARY 6, 1995 -40 - 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 .Licences It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Beth Jacob Synagogue to conduct a Monte Carlo event at their Synagogue, 161 Stirling Avenue South, Kitchener, on June 28, 1995." - and - "That Mrs. Iris Bonfig, 26 Guerin Avenue, Kitchener, be granted a Massagist licence for the year 1995." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Kiwanis Club of Kitchener-Waterloo, to conduct a Monte Carlo event at the K-W Granite Club, 69 Agnes Street, Kitchener on March 9-11, 1995, inclusive." 2. Enqineerinq Aqreement It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Paragon Engineering Limited, regarding Monarch Schweigert Subdivision, Stage 1, Registered Plan 1796." 3.Quit Claim Deed - CENTRE WARD It was resolved: "That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all covenants and rights of the City contained in Instrument No. 630638 including Schedule "A" thereto, respecting the size of the building to be constructed, the timing of construction and the right to a reconveyance for Parts 6, 8 and 9 on Reference Plan 58R-2253 being part of the property municipally known as 101 Frederick Street, Kitchener." 4. Rental Aqreement - Self-Directed Video Traininq Proqrams It was resolved: "That the Mayor and Clerk be authorized to execute a license agreement with SHL Learning Technologies to expire January, 1996, for the rental of self-directed video programs." COUNCIL MINUTES FEBRUARY 6, 1995 -41 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 5.55+ Personnel Placement Proqram It was resolved: "That the Mayor and Clerk be authorized to execute the legal agreement between Her Majesty the Queen in right of Ontario, as represented by Employment and Immigration Canada and The Corporation of the City of Kitchener under the 55+ Personnel Placement Program for the period April 1995 to March 31, 1996, in the amount of $34,862." 6.Tender This item was dealt with under delegations. 7.Siqn Variance - STANLEY PARK WARD It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of January 31, 1995, recommending approval of Submission No. S 1/95 -Gaucho Motors Limited - Be Ratified and Confirmed." 8.Conversion of Telerider/Televiewer Information Systems It was resolved: "That the memorandum dated February 6, 1995 from Mr. W. Beck respecting the conversion of the Telerider/Televiewer Information Systems be deferred and referred to the Public Works and Transportation Committee." 9. Binqo It was resolved: "That the Kitchener Minor Girl's Softball Association, 110 Wren Place, Kitchener be granted permission to conduct bingos on an ongoing basis at 29 King Street East, Kitchener." 10. Licences It was resolved: "That for 1995, Mr. Frank S. Thomas, 19 Lewis Crescent, Kitchener be granted a Massagist licence and a Body Rub Parlour licence for the Creative Relaxation Centre, 1601 River Road, #18, Kitchener." 11. Applications for Cancellation, Refund, Reduction or Levy of Taxes - February 6, 1995 Hearinq It was resolved: "That the applications attached hereto and forming part of these minutes relative to cancellation, reduction, refund or levy of taxes be disposed of as recommended therein." COUNCIL MINUTES FEBRUARY 6, 1995 COUNCIL MINUTES CITY OF KITCI:IENER COUNCIL MINUTES FEBRUARY 6, 1995 CITY OF KITCI:IENER FEBRUARY 6, 1995 REPORTS ADOPTED BY COUNCIL -42 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 12.Licensinq Aqreement - Kitchener-Wilmot Hydro - Hidden Valley Road It was resolved: "That the Mayor and Clerk be authorized to execute a licensing agreement dated February (5, 1995 to allow Kitchener-Wilmot Hydro to erect a hydro pole line on City land, west of Hidden Valley Road to Goodrich Drive, subject to the consent of the Canadian Pacific Railway."