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HomeMy WebLinkAboutCouncil Minutes - 1996-02-12COUNCIL\1996-02-12 COUNCIL MINUTES FEBRUARY 12, 1996 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "0 Canada" by the Grand River Collegiate Institute Chamber Choir under the direction of Mr. Fred Lenz. Councillor Jake Smola thanked the Choir for their appearance this evening. Mayor R. Christy extended a welcome to former Mayors Edith Macintosh, Morley Rosenberg and Dom Cardillo, as well as former Alderman Grace Stoner, who were in attendance this evening. Mayor R. Christy advised that approximately ten years ago, City Council decided to work in earnest to plan and build a City Hall. He indicated that this evening marked the occasion for the retiring of a $23,000,000 mortgage utilized to finance the construction of the present facility. He noted that in September 1993, the new City Hall became a reality after occupying rented facilities for the preceding twenty years and that since 1990, the new City Hall as designed has won various awards. Mayor R. Christy then called on Councillor J. Ziegler, chair of the Finance and Administration Committee and Mr. J. Gazzola, Commissioner of Finance to participate in a mortgage shredding ceremony. Mayor Christy separated the mortgage document and Councillor J. Ziegler and Mr. J. Gazzola each shredded one half of the document. Councillor M. Wagner commented that since the mortgage liability is now paid off the question on the minds of many ratepayers was where all the monies that were previously used to pay down the mortgage would be going. Mr. J. Gazzola advised that the issue raised was a good question and pointed out that in 1981 City Council decided that it would proceed with its capital works on a cash pay basis and that as a result of that policy, the City has a $35,000,000 Capital Fund budget available annually. He indicated that for the years 1993 through 1995 a portion of these monies were used for the new City Hall facility, while prior to 1993 the funds were used for such facilities as the new Transit Terminal, Twin Ice Pad and numerous other Capital Improvement Projects. Currently, a large amount of these capital funds is being used to finance the Schneider Trunk Sewer Project. In summary, he stated that the $35,000,000 Capital Fund is utilized annually to maintain the City's infrastructure. It was noted in the agenda that an amendment was required to a resolution on page 23 of the January 29, 1996 Council minutes dealing with Intervin '96 in order to meet the requirements of the LLBO. On motion by Councillor G. Lorentz, seconded by Councillor B. Vrbanovic, it was agreed to add the following phrase: "and further, that this event be deemed to be one of municipal significance" that the resolution, as amended, read as follows: "That the Council of the Corporation of the City of Kitchener has no objection to the Liquor Licence Board of Ontario issuing a permit to Intervin'96 to allow wine to be tasted and judged in the City Hall Rotunda from 9 a.m. to 5 p.m. daily during the period April 26-29, 1996, and further, That this event be deemed to be one of municipal significance." On motion by Councillor G. Lorentz, the minutes of the regular meeting held January 29, 1996, as amended this date, two special meetings held February 2, 1996 and a special meeting held February 5, 1996, as mailed to the Mayor and Councillors, were accepted. Councillor T. Galloway welcomed the 8th Kitchener Scout Group and their leaders who operate from Brigadoon Public School and noted that he had provided them with a tour of City Hall prior to the Council meeting. A. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (a) Letters from the Cities of Thunder Bay, Ottawa, Hamilton and Oshawa, acknowledging receipt of Council's resolution requesting an amendment to Bill 26 regarding the regulation of dangerous or restricted animals. Letter from the Town of Richmond Hill advising of a similar resolution adopted by their Council. Councillor G. Lorentz requested that the Clerk arrange to have the letters circulated to members of Council as he would like to know how Kitchener's resolution was dealt with by these municipal councils. Mr. R.W. Pritchard advised that the letters received did not indicate action and that the routine of most Councils was to simply refer issues to the Association of Municipalities of Ontario for action. COUNCIL MINUTES FEBRUARY 12, 1996 - 54- CITY OF KITCHENER B. COMMUNICATIONS REFERRED TO COMMITTEE OF THE WHOLE - (a) Letter dated February 7, 1996 from Mr. R.W. Pritchard, Commissioner of General Services & City Clerk, respecting applications for cancellation, refund, reduction or levy of taxes - February 12, 1996 Hearing. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation to answer any questions regarding the tenders listed on the Committee of the Whole agenda of this date. Tender P95-95 for the supply of Diesel Fuel and Unleaded Gasoline was referred to and it was pointed out that this was an area wherein the City has changed the way in which it does business and achieve savings that will be on-going. Councillor J. Ziegler referred to Tender T95-99 for an Aerial Bucket Truck and questioned why the unit was being reduced by only some $4,000 when it was a demonstrator model. Mr. L. Gordon advised that it was a 1995 model but had not really been subjected to any working hours as it had only appeared at trade shows. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That tender T95-99, Articulated Telescopic 10.6 metre (35 ft), Insulated Aerial Device Mounted on a 6,804 Kg (15,000 Ib) G.V.W. Single Axle Conventional Cab & Chassis, be awarded to Altec Industries Ltd., Milton, Ontario at their tendered price of $74,000., plus G.S.T. and P.S.T." - and - "That tender T96-6, Schneider Trunk Sanitary Sewer - Phase 5, Stage 2C, be awarded to Dave Martin Excavating, Elora, Ontario at their tendered price of $615,423., (plus G.S.T.)." WT OE "That proposal P95-95, Supply of Diesel Fuel and Unleaded Gasoline, be awarded to Hogg Fuel & Supply Limited, Kitchener, at the prices proposed in their submission." Carried. Ms. Nancy Dahmer appeared before City Council to introduce Ms. Celina Sousa and Mr. Richard McBridge, who intended to speak about the upcoming "Rise with the Sun Art Show". Ms. Sousa advised that the show was an exhibit of contemporary African Art dealing with women and their work. She sketched out the nature of the work performed by women in Africa and their contribution to their community in this regard. She extended an invitation for the public to join in viewing the display. Mr. Richard McBridge advised that in 1992 while visiting Africa, he had been the recipient of an honourary African woman designation in recognition of his activities. He advised that the show would illustrate the vibrant life of Africa and commented on how fortunate Kitchener was to have the paintings during a national tour. He noted that the official opening of the display was March 15 and extended an invitation to the public to view it. Finally, he thanked City Council for the display space provided in the Rotunda. Mr. Italo Ferrari appeared as a delegation with regard to Item B.6 of the Committee of the Whole agenda of this date dealing with a recommendation for execution of a Letter of Understanding between the City and Fercan Development Corporation relative to the sale and leaseback of the Market Square Garage and Farmers' Market. Mr. Ferrari indicated that he was appearing to support the recommendation in the agenda and to advise that he believed in the potential of Market Square and that it was his intention to maintain the existing Farmers' Market within Market Square. Councillor M. Yantzi commented that the vendors of the Farmers' Market were very concerned about how the transaction could affect them. Mr. Ferrari stressed that he wanted to retain the Farmers' Market in Market Square on a permanent basis and work to enhance both. Councillor G. Lorentz questioned how the $3,000,000 in repairs required for the Market Garage would be addressed and Mr. Ferrari advised that he was committed to completing the repairs and intended to expedite them as soon as possible. Mr. T. McKay referred members of Council to a memorandum from Mr. G. Andersen dated February 12, COUNCIL MINUTES FEBRUARY 12, 1996 - 55- CITY OF KITCHENER 1996 providing an evaluation of the land upon which the Market Square Parking Garage and Farmers' Market is situate, estimated to be $775,000. Moved by Councillor G. Lorentz Seconded by Councillor M. Yantzi "That the Mayor and Clerk be authorized to execute a Letter of Understanding between The Corporation of the City of Kitchener and Fercan Development Corporation for the sale and leaseback of the Market Square Garage and Farmers' Market." Carried. Councillor B. Vrbanovic referred Council to a letter dated February 12, 1996 received from Mr. J. Gazzola requesting that Council pass a resolution subject to the completion of the sale/leaseback proposal. He indicated that if the resolution was adopted funds would be available to provide for rent payments for the Farmers' Market without further impacting annual tax levies. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Ziegler "That funds in the amount of $3.4 million previously allocated for the repair of the Market Square Parking Garage be transferred to a new Reserve Fund for the maintenance of the Kitchener Farmers' Market, and further, That this account be credited with interest earnings on its balance." Councillor T. Galloway questioned why a reserve fund was needed and Mr. J. Gazzola advised that establishing a reserve fund would send a signal that any funding transpiring from the sale and lease would be set aside and funding requirements could then be drawn from the reserve fund and not affect future taxes. Mr. T. McKay emphasized that only the building was being sold and not the land and the new owners would be responsible for the building repairs. He noted that the lease agreement was for a minimum of seven years with the right to extend occupancy to twenty-five years. Councillor T. Galloway commented that he was uncomfortable with the short debate this date associated with a $3.4 million decision and would prefer additional background information to the proposal. Accordingly, he indicated that he was opposed to Councillor Vrbanovic's motion. A motion by Councillor T. Galloway to refer Councillor Vrbanovic's motion relative to the transfer of $3.4 million in connection with the Farmers' Market was not considered at it failed to receive a seconder. Councillor J. Ziegler and Mayor R. Christy indicated that they were supportive of the proposal given the explanation from staff in this regard. The motion of Councillor B. Vrbanovic regarding the transfer of $3.4 million into a new Reserve Fund for the maintenance of the Kitchener Farmers' Market was then put to a vote and Carried. Mr. Len Gmach appeared as a delegation on behalf of the Grand River Hospital Foundation to comment on Item B.4 of the Committee of the Whole agenda which deals with a request from the Children's Hospital of Western Ontario Foundation to sell raffle tickets in Kitchener. Mr. Gmach advised that the Grand River Hospital Foundation was opposed to the request, particularly on the basis that the GRHF would soon be launching a major fund-raising effort locally and were concerned about confusion respecting advertising and solicitation for charitable support given that the fund-raising efforts of both hospitals would coincide. As an example of such confusion, he referred to a situation two years ago where such advertisement of an out -of -area hospital requested support for the local Children's Hospital and people assumed that it meant a Kitchener hospital when in fact it did not. In response to Councillor J. Ziegler, Mr. Gmach advised that the GRHF does not fund -raise in the Cities of London or Hamilton. Also in response to Councillor G. Lorentz, he advised that the Children's Hospital of Western Ontario Foundation was not aware of his appearance before Council this date and that some children locally are provided with certain treatment and levels of care in London. He stressed that his primary concern was confusion in the minds of the public in terms of limited charitable donations that were available and that explicit information should be required relative to the promotional material or tickets of any organization involved in fund-raising. Moved by Councillor T. Galloway COUNCIL MINUTES FEBRUARY 12, 1996 - 56- CITY OF KITCHENER Seconded by Councillor J. Ziegler "That no action be taken on the request from the Children's Hospital of Western Ontario Foundation to sell raffle tickets in Kitchener." A motion by Councillor Jake Smola seconded by Councillor B. Vrbanovic to defer Councillor T. Galloway's motion of no action, was voted on and Lost. The motion of Councillor T. Galloway to take no action on the request was then put to a vote and Carried. Councillor J. Ziegler suggested that staff, in advising the Children's Hospital of Western Ontario Foundation of Council's decision, undertake to explain the fund-raising initiatives that are planned by local hospitals this year and indicate that they were free to make a similar request in future years. Mr. Bernie Belesky appeared as a delegation representing the K -W Wine and Food Expo which is hold holding Intervin '96 in the City Hall Rotunda from April 26-29, 1996. He indicated that concurrent with the Intervin, the K -W Wine and Food Expo was taking place at the Auditorium. Also, he stated that on February 28 a preliminary taste of what is to come would be taking place in the Rotunda and more information would be forthcoming on this, as well as invitations extended. 1. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee of this date be adopted." Councillor J. Ziegler requested that clause 5 be dealt with separately. Councillor M. Yantzi indicated that he would propose referral of clause 5 to the next Official Plan Review on the basis that by that time, data would have been gathered on the impact of duplexing. Councillor J. Ziegler stated that he was opposed to such deferral and pointed out that a number of years ago, there was a clear majority of residents opposed to 'as of right' duplexing. He indicated that there was now an opportunity to rescind legislation that was forced on the municipality by the Provincial government. Councillor T. Galloway stated that he was also opposed to referral and noted that from a historical perspective, previous Councils have turned down 'as of right' duplexing which the last Council only reluctantly acceded to given Provincial Bill 120. Councillor Jake Smola favoured a public meeting process to review the issue. A motion by Councillor M. Yantzi, seconded by Councillor M. Wagner to refer clause 5 of the report of the Planning and Economic Development Committee of this date to the next Official Plan Review, subject to the provision of annual updates on duplexing activity, was Lost on a recorded vote. Mayor R. Christy and Councillors M. Yantzi, M. Wagner, K. Redman and John Smola voted in favour, while Councillors Jake Smola, J. Ziegler, T. Galloway, B. Vrbanovic, G. Lorentz and C. Weylie were opposed. Councillor J. Ziegler stated that he supported all the alternatives except Alternative 2A listed in clause 5 of the report. Councillor Jake Smola commented that it appears maximum densities have been reached in suburban areas and questioned if studies have been done that factor in the anticipated effects of duplexing. Mr. T. McCabe advised that the Intensification Report estimated a maximum 4% of residential units might convert to duplex and this estimate has been considered from an engineering point -of -view. In reality only a handful of dwellings have converted to duplex use since the legislation was passed. Councillor M. Wagner supported duplexing on the basis that it allows people the right to do what they want to do in their own home and pointed out that low density development carries significant costs. Councillor Ziegler responded that density was the issue and maintained that there was substantial density already planned in suburban areas. The report was then put to a vote. Voted on Clause by Clause. Clause #5 - A recorded vote was requested. Portion of clause 5 dealing with Alternative 2A In Favour: Mayor R. Christy and Councillors M. Wagner, M. Yantzi, B. Vrbanovic, K. Redman and John Smola. Contra: Councillors Jake Smola, C. Weylie, T.Galloway, J. COUNCIL MINUTES FEBRUARY 12, 1996 - 57- CITY OF KITCHENER Ziegler and G. Lorentz. Motion Carried. Remainder of clause 5 - Carried Unanimously. Balance of Report - Carried. 2. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee of this date be adopted." Councillor John Smola requested that clause 1 be dealt with separately. He noted that as a result of the recommendation, Minor Hockey was being hit twice in regards to increased fees and decreased grants and suggested that it was not only unfair, but would hurt volunteerism. Councillor M. Wagner referred to clause 7 and indicated that he thought it had been decided that the qualifying criteria was to be discussed and applied to the various groups following which a recommendation would be made in that regard. Councillor G. Lorentz requested that a strategy respecting the Grant Review Sub -Committee be discussed and established at the February 19 Community Services Committee meeting. On motion by Councillor M. Wagner, seconded by Councillor G. Lorentz, clause 7 was amended so as to establish the criteria by which the City awards annual grants, assess group requests in relation to that criteria and then report to the Committee. The report was then put to a vote. Voted on Clause by Clause. Clause #1 - Carried. Clauses #7 - Carried, As Amended. Balance of Report - Carried. Councillors G. Lorentz and John Smola requested to be recorded as opposed to clause 1. 3. Moved by Councillor J. Ziegler Seconded by Councillor Jake Smola "That the report of the Finance and Administration Committee of this date be adopted." Voted on Clause by Clause. Clause #4 - Carried. Balance of Report - Carried. Recorded pecuniary conflict of interest and abstention: Clause #4 - Councillor B. Vrbanovic as his wife is employed by the City of Kitchener. 4. 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." A lengthy discussion took place regarding clause 2 dealing with the Overnight Parking By-law as to the COUNCIL MINUTES FEBRUARY 12, 1996 - 58- CITY OF KITCHENER practical aspect and impact of the recommendation. It was explained that during winter months strict enforcement would be undertaken by staff but during non -winter months enforcement would be on complaint basis only. Mr. E. Kovacs advised that with this approach, staff resources could be utilized much more effectively. Councillor G. Lorentz was opposed on the basis that the policy sends the wrong message. Mayor R. Christy was opposed to the policy having no provision for exemptions. Councillor B. Vrbanovic pointed out that the recommendation was the outcome of a CIP Project. Mr. T. McKay noted that staff would use discretion respecting by-law enforcement during the Christmas/New Year's period unless faced with snow clearing activity. Councillor J. Ziegler pointed out that a three-hour parking limit would still apply and if unwelcome parking was taking place in front of a property, the owner could complain. Voted on Clause by Clause. Clause #2 - A recorded vote was requested. In Favour: Councillors K. Redman, M. Wagner, John Smola, Jake Smola, B. Vrbanovic, J. Ziegler, T. Galloway and C. Weylie. Contra: Mayor R. Christy and Councillors M. Yantzi and G. Lorentz. Motion Carried. Balance of Report - Carried. Moved by Councillor K. Redman Seconded by Councillor B. Vrbanovic "That the City of Kitchener petition the Province of Ontario to include intersection improvements at the Conestoga Parkway and Highway 8 in its list of capital projects to be done forthwith, as it is the position of the City that the present configuration raises safety concerns and is a hazard to local motorists, and further, That this resolution be forwarded to the Regional Municipality of Waterloo for consideration and endorsement." Carried. Councillor Jake Smola then presented the Mayor's Trophy which Kitchener Councillors won in competition with Councillors from the City of Waterloo in the Bowl for Millions Charitable event. 5. Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to exempt certain farm lands from taxation for certain expenditures of the municipality (b) Being a by-law to readdress a certain property and premises in the City of Kitchener (c) Being a by-law to amend By-law 85-1, known as the Zoning By-law - No. 05/30/TC/JG (d) Being a by-law to amend By-law 85-1 known as the Zoning By-law - Activa Development Corporation - Fischer -Hallman Road Extension - No. 94/22/F/LM (e) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property (f) To further amend By-law No. 88-171, being a by-law to designate private roadways s fire COUNCIL MINUTES FEBRUARY 12, 1996 - 59- CITY OF KITCHENER routes and to prohibit parking thereon (g) Being a by-law to amend By-law No. 88-172 being a by-law to authorize certain on -street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof (h) 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. 11 Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor R. Christy appointed Councillor G. Lorentz as Chair. On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. 6. Moved by Councillor G. Lorentz Seconded by Councillor John Smola "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. 7. Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to exempt certain farm lands from taxation for certain expenditures of the municipality (By-law No. 96-22) (b) Being a by-law to readdress a certain property and premises in the City of Kitchener (By-law No. 96-23) 7. (Cont'd) (c) Being a by-law to amend By-law 85-1, known as the Zoning By-law - No. 05/30/TC/JG (By-law No. 96-24) (d) Being a by-law to amend By-law 85-1 known as the Zoning By-law - Activa Development Corporation - Fischer -Hallman Road Extension - No. 94/22/F/LM (By-law No. 96-25) (e) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property (By-law No. 96-26) (f) To further amend By-law No. 88-171, being a by-law to designate private roadways s fire routes and to prohibit parking thereon (By-law No. 96-27) (g) Being a by-law to amend By-law No. 88-172 being a by-law to authorize certain on -street COUNCIL MINUTES FEBRUARY 12, 1996 - 60- CITY OF KITCHENER and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof (h) To confirm all actions and proceedings of the Council (By-law No. 96-28) (By-law No. 96-29) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned. ...................................................................................................................................... MAYOR CLERK PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 1. That the Council of the Regional Municipality of Waterloo be advised that the City of Kitchener endorses the following recommendation as outlined in Regional Planning & Culture Staff Report PC -96-012: That the Regional Municipality of Waterloo accept the report entitled "Bridge Street Area Transportation Study" as a guide to future decisions concerning the impact of new development on the east side of Bridge Street in Kitchener and Waterloo, and specifically endorse the following recommendations from the report: (a) retain Lancaster Street (Regional Road 29) from Shirk Place to Bridge Street, and Bridge Street (Regional Road 52) from south of University Avenue to Bloomingdale Road as basic two lane roadways with turning lanes; (b) impose an approval limit of 300 new residential units (i.e. not in registered or draft approved plans as of January 1, 1995) within the area generally bounded by Bridge Street, University Ave Extension, Wismer Road and the Grand River but not including lands with direct access to University Ave. Extension (as shown on Figure 2) subject to future monitoring of traffic growth and actual development in the study area, but with the understanding that the full potential development in this area can not be accommodated without the construction of Highway 7 New; and (c) advise the Ministry of Transportation Ontario (MTO) of the need for Highway 7 New, which will transfer inter -regional traffic from the Regional Road system to the Provincial Highway system, and request the MTO to continue to pursue environmental assessment approval for this important provincial facility. 2. That we defer consideration of Planning and Development Staff Report PD 95/125 (Public Participation and Alternative Dispute Resolution in the planning process - a procedural review) and refer the matter to a meeting of the Planning and Economic Development Committee in May 1996, and further, That the Department of Planning and Development be instructed to undertake wide circulation of the report to Neighbourhood Associations, the K -W Homebuilders, Planning Consultants, etc., and solicit their input for consideration by the Planning and Economic Development Committee. 3. A. That Zone Change Application 94/22/F/LM (Activa Development Corporation) requesting a change in zoning from Township Agriculture (Twp. A) according to By-law 878A to Residential Four Zone (R-4), Residential Six Zone (R-6) and Open Space Zone (P-2) according to By-law 85-1, on Part of Lot 47, German Company Tract; and, Part of Lot 1, Part of 0.305 metre Reserve "A" and Part of Towerview Avenue, Registered Plan 820, be approved in the form shown in the attached Proposed By-law dated December 15, 1995, subject to the Subdivision Conditions contained in recommendation (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 Approved Municipal Plan. B. That Subdivision Application 30T-94018 (Activa Development Corporation) 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 the following special conditions be written therein: PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT -D) 3. Cont'd The Subdivider covenants and agrees: COUNCIL MINUTES FEBRUARY 12, 1996 - 62- CITY OF KITCHENER COUNCIL MINUTES FEBRUARY 12, 1996 - 62- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 51. That the final plans for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated December 14, 1995, provided that minor amendments to said plan, acceptable to the General Manager of Planning and Development, and not affecting the numbering of any lots or blocks may be permitted without an amendment to this agreement. Any changes affecting the numbering of lots or blocks shall require an amendment to this agreement to reflect such changes. 52. That the subdivision shall be registered in six (6) stages, with Stage 1 consisting of Blocks 1 to 30 inclusive, Stage 2 consisting of Blocks 1 to 9 inclusive, Stage 3 consisting of Blocks 1 to 8 inclusive, Stage 4 consisting of Blocks 1 to 15 inclusive, Stage 5 consisting of Blocks 1 to 4 inclusive, and Stage 6 consisting of Block 1. Further, the Subdivider agrees that plan registration will occur in accordance with the following: a) That no stage of this Plan shall be released by the City for registration until the portion of Wilderness Drive within Registered Plan 1822 has been constructed to the northwestern limit of this Plan and is open to public vehicular traffic. b) That Stages 2, 3, 4, and 6 may be registered concurrently with each other in any combination and at any time subsequent to the registration of Stage 1 of this Plan. c) That Stage 5 be registered and developed concurrently with or any time subsequent to the registration and development of Stage 4. In the event that any of Stages 2, 3, 4, 5 and 6 are registered concurrently with Stage 1, some or all of Blocks 22-30 (Stage 1) identified as 0.3 metres reserves will not be required. 53. To submit a Lot Grading and Drainage Control Plan for approval of the General Manager of Public Works, in consultation with the City's Department of Parks and Recreation, the Regional Municipality of Waterloo, Ontario Hydro and the Grand River Conservation Authority, prior to the City's release of each stage of the Subdivision Plan for registration. 54. That prior to any grading or construction on the site and prior to the City's release of each stage of the Plan for registration, to submit for the approval of the General Manager of Public Works, in consultation with the City's Department of Parks and Recreation, the Regional Municipality of Waterloo, Ontario Hydro and the Grand River Conservation Authority, a detailed engineering design for storm water management in accordance with the approved concept plan. Said engineering design shall include an erosion and siltation control plan indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction. The Subdivider further agrees to implement all required measures as outlined in the approved final design. 55. That the names of the streets within the Plan shall be Wilderness Drive, Activa Avenue, Bush Clover Crescent, Hackberry Street, Mountain Mint Crescent, Pine Martin Crescent, Grey Fox Drive, and Woodpoppy Court, which names shall appear on the final registered plan. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT -D) COUNCIL MINUTES FEBRUARY 12, 1996 - 63- CITY OF KITCHENER COUNCIL MINUTES FEBRUARY 12, 1996 - 63- CITY OF KITCHENER 3. Cont'd REPORTS ADOPTED BY COUNCIL 56. That construction traffic to and from the proposed subdivision shall be restricted to using Wilderness Drive via Ottawa Street South or Activa Avenue via Fischer - Hallman Road. 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. 57. To make satisfactory financial arrangements with the General Manager of Public Works for the construction of a 1.5 metre wide concrete sidewalk along the south side of Fischer -Hallman Road Extension across the entire frontage of the proposed subdivision and to construct 1.5 metre sidewalks along both sides of Wilderness Drive, Activa Avenue, Bush Clover Crescent, Hackberry Street, Mountain Mint Crescent, Pine Martin Crescent and Grey Fox Drive. 58. To obtain, from the Grand River Conservation Authority, if necessary, a Fill, Construction and Alteration to Waterways Permit under Ontario Regulation 149 as amended by 69/93 and 669/94, prior to on-site grading, the installation of services and prior to the City's release of any stage of the Subdivision Plan for registration. 59. The City agrees that the City Solicitor shall arrange for the passing of a By-law to open 0.3 metre reserve Block 34 at the easterly terminus of Grey Fox Drive and 0.3 metre reserve Block 36 at the southerly terminus of Wilderness Drive in Registered Plan 1822, as "public highway" at such time Stage 1 of this Plan has been registered and Grey Fox Drive and Wilderness Drive within Stage 1 have been constructed to the satisfaction of the General Manager of Public Works. 60. 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's releasing each stage of the subdivision plan for registration, the Subdivider shall submit the Detailed Vegetation Plan, for the approval of the City's Manager of Design, Heritage and Environment; 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 Department of Public Works 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 building/structure that is located deeper on the lot than that COUNCIL MINUTES FEBRUARY 12, 1996 - 64- CITY OF KITCHENER COUNCIL MINUTES FEBRUARY 12, 1996 - 64- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT -D) 3. Cont'd approved on the Detailed Vegetation Plan and/or 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 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 the "Guide for Plant Appraisal" International Society of Arboraculture, 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 unit or due to weather conditions by the next planting season. 61. That the 5 percent parkland dedication required for this plan of subdivision, being 1.222 hectares, be satisfied by the registration of an agreement to defer the parkland dedication, such agreement to be registered on title of the lands legally 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, prior to the registration of Stage 1. The deferred parkland shall be in addition to the parkland dedication required for lands legally described as Part of Lots 46, 47, 130, 132, 137, 138, 139 and 140 German Company Tract and Lot 8, registrar's Compiled Plan Number 1470, and contained within Draft Plan of Subdivision 30T-95015. 62. 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 18 (Stage 1) for storm water management purposes; b) Block 19 (Stage 1) for storm drainage purposes; C) Blocks 21-30 inclusive (Stage 1) for 0.3 metre reserves; and d) Block 15 (Stage 4) for 0.3 metre reserve. 63. To dedicate to the City of Kitchener free of encumbrance, through plan registration, the following lands for the purposes stated therein: a) Block 9 (Stage 2) for public walkway purposes; b) Block 8 (Stage 3) for public walkway purposes; and C) Block 14 (Stage 4) for public walkway purposes. 64. The Subdivider agrees to install a boundary identification system along the rear lot lines of Blocks 5 and 10 (Stage 1), Blocks 4 and 5 (Stage 3), and Blocks 1, 2 and 3 (Stage 4), 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 in all Offers to Purchase and Agreements of Purchase and Sale for the Blocks/Lots affected by this clause. COUNCIL MINUTES FEBRUARY 12, 1996 - 65- CITY OF KITCHENER COUNCIL MINUTES FEBRUARY 12, 1996 - 65- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 65. 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 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT -D) 3. Cont'd 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 Director of Building, Zoning and Inspections. 66. That the division of any lots or blocks by Part Lot Control shall be subject to compliance with the following requirements: a) To obtain approval from the General Manager of Public Works of plans for each lot or block illustrating lotting, service connections, street utility hardware and proposed grades. b) To submit a Draft Reference Plan with respect to the division of lots and blocks having a lotting pattern in conformity with the approved engineering drawings and showing all required maintenance easements and eave encroachments if the blocks are proposed for zero sideyard housing, and obtain approval of the Draft Reference Plan from the Director of Building, Zoning and Inspections prior to the Part Lot Control Exemption By-law being presented to Council. Further, to receive final approval of a Part Lot Control Exemption By-law. c) That the Draft Reference Plan approved above shall be deposited in accordance with the Land Registry Act and three copies submitted to the Director of Building, Zoning and Inspections. No building permits shall be issued until the City is in receipt of such plans and provided such lots are in compliance with the approved Reference Plan. d) Any further division of lands to create additional building parcels shall require the submission of subsequent Reference Plans to be approved in accordance with steps a) and c) as set out above with the exception of the passing of another Part Lot Control Exemption By-law. 67. To construct the extension of Fischer -Hallman Road, to a standard specified in the Fischer -Hallman Road Extension Study, from Grove Drive to Activa Avenue, 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. This shall include any necessary arrangements with Ontario Hydro for the construction of the road across Ontario Hydro lands. 68. That access to Block 1 (Stage 1) shall be permitted only from Street Four and that no access from Activa Avenue shall be permitted. 69. 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 from Ontario Hydro confirming that satisfactory arrangements have been made with Ontario Hydro for COUNCIL MINUTES FEBRUARY 12, 1996 - 66- CITY OF KITCHENER COUNCIL MINUTES FEBRUARY 12, 1996 - 66- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL the above matters, prior to the City's release of Stage 1 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. 70. As part of the servicing of Activa Avenue, to construct a temporary turning circle to City Standards on Block 20 (Stage 1) as shown on the attached subdivision plan, until such time as Activa Avenue is extended through the adjacent lands to PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT -D) 3. Cont'd the southwest and is open to public vehicular traffic. Said turning circle shall be designed, constructed and ultimately removed to the satisfaction of the General Manager of Public Works. At such time as Activa Avenue is extended into the abutting lands, and the 0.3 metre reserve Block 21 (Stage 1) is opened by by-law, the Subdivider shall remove the turning circle. No building permits will be issued for Block 20 (Stage 1) until the turning circle is removed or is not necessary as determined by the City's General Manager of Public Works. 71. The Subdivider agrees to submit prior to the registration of each appropriate stage, a landscape plan showing the proposed grading and naturalization scheme for the future wetland buffer area adjacent to Blocks 10 and 19 (Stage 1) and Block 5 (Stage 3) for the approval of the General Manager of Parks and Recreation. The Subdivider agrees to implement the approved landscape plan subsequent to final grading and within one year of registration of the plan or at such other time as approved by the City's General Manager of Parks and Recreation. 72. To obtain approval of plans/drawings from the City's Manager of Design, Heritage and Environment, for any lots abutting Fischer Hallman Road, showing a planting strip having a minimum width of 4.6 metres and a 1.8 metre high chain link fence. Said planting strip is to be in accordance with the approved plans. Further, said planting strips 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 installed by June 1, immediately following such transfer of title. The subdivider agrees to attach the approved planting plan to all Offers to Purchase and Sale of Lots in which the required planting strip has not been installed due to winter conditions. Further, if physical noise attenuation barriers are required in accordance with Section 50, installation of said barrier shall substitute for the planting strip requirement. 73. That all zero sideyard housing shall provide a 1.5 metre wide easement for maintenance and an easement allowing a maximum encroachment of 0.3 metres for eaves. The subdivider further agrees that the registration of such easements shall occur by way of grant of Easement Agreements and reference plans to be deposited at the time of the sale of either the lot granting the easement or the lot on which the easement is registered. This condition shall be regarded as part of the approval authority's draft approval conditions and as such, consent applications shall not be required for the establishment of such maintenance or eave encroachment easements. 74. That prior to the registration of Stage 1, the subdivider agrees to make arrangements to the satisfaction of the General Manager of Public Works for the granting of an easement over Bush Clover Crescent in Stage 4 in order to facilitate access to storm water management Block 18 (Stage 1) and the sanitary sewer outlet under Block 14 (Stage 4). COUNCIL MINUTES FEBRUARY 12, 1996 - 67- CITY OF KITCHENER COUNCIL MINUTES FEBRUARY 12, 1996 - 67- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL It is the opinion of this Committee that approval of this application is proper planning for the City. C. That the implementing Zoning By-law for Zone Change Application 94/22/F/LM (Activa Development Corporation) not be presented to City Council until Subdivision Application 30T-94018 has received Regional Draft 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT -D) 4. That Zone Change Application 95/30/TC/JG (City of Kitchener) be approved in the form shown in the proposed By-law attached, dated December 22, 1995, as revised January 30, 1996 to reflect minor wording changes to sub -clauses .1) &.2) without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City. 5. That the Department of Planning and Development be requested to prepare a proposed zoning by-law, for consideration at a special Planning & Economic Development Committee meeting to be held on April 22, 1996 at 7:00 p.m. in the Council Chambers, that would implement the following proposed alternatives listed by staff on page 9 of Planning and Development Staff Report PD 96/5 (Implications of Repeal of Residents' Rights Act, Bill 120 - Discussion Paper): - Alternative 1 B, which removes the as -of -right provisions for second units in semi-detached houses and townhouses; - Alternative 2A, which continues to permit second units in single detached dwellings in all zones where single detached dwellings are permitted, subject to the availability of municipal sanitary sewer; - Alternative 3C, which establishes a minimum lot size for duplexes which is greater than the requirement for small -lot single detached dwellings; - Alternative 4A, which continues to permit tandem parking for duplexes, and allows one space to be provided less than 6 metres from the street line; and - Alternative 5A, which continues to allow duplexing without the need to obtain a licence. COMMUNITY SERVICES COMMITTEE - 1. That the 1996 Minor Sports Grants, as contained in the report of Mr. R. Wyatt, Manager, Athletics/Arenas/Design-Development, dated January 18, 1996, and considered by the Community Services Committee on February 5, 1996, be approved. 2. That no action be taken on the request of the Kidney Foundation of Canada for a financial contribution. 3. That we approve the revised "quarterly timetable" for consideration of general provision grants, as distributed at the Community Services Committee meeting of February 5, 1996. 4. That we approve the request of the Notre Dame School Association for a grant in the amount of $750.00, to be funded from the 1996 Capital Playground Features Account #674806, to assist with the purchase and installation of new playground equipment at Notre Dame Separate School. COUNCIL MINUTES FEBRUARY 12, 1996 - 68- CITY OF KITCHENER COUNCIL MINUTES FEBRUARY 12, 1996 - 68- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 5. That we approve an in-kind facility rental grant for the 38th Scout Group, in the amount of $260.25, to cover half the cost of renting the Victoria Park Pavilion for their fundraising event to be held on February 24, 1996, and further, That this group not rely on municipal funding in the future. 6. That we approve an in-kind facility rental grant in the amount of $231.00 for the Mill Courtland Community Group to cover half the cost of renting the Subscribers Lounge for a fundraising dance on February 24, 1996. 7. That a sub -committee, composed of Councillors K. Redman, B. Vrbanovic, T. Galloway, G. Lorentz and M. Wagner, establish criteria by which the City awards annual grants, assess group requests in relation to that criteria and report to the Community Services Committee no later than September 1996 on any recommended changes. (As Amended). FINANCE AND ADMINISTRATION COMMITTEE - 1. That Council enact a 1996 Street Vendor By-law similar to that enacted in 1995, with the current vendors being given the first opportunity to return to the locations they presently occupy and with any additional locations to be added by Council on an ad hoc basis, and further, That the 1996 By-law limit a vendor to one cart on publicly owned land with the option of having it operated by someone other than the owner provided all requirements in the 1995 By-law relative to "stand-ins" are met. 2. That after meetings with the flower vendor who operated a cart opposite City Hall in 1995, Licensing staff report back to the Finance and Administration Committee concerning an appropriate licence fee for this location. 3. That a monthly parking rate of $40.00 plus taxes be implemented relative to the staff of City Hall tenants wishing to use the City Hall parking garage. 4. That no action be taken to offer City of Kitchener employees working in the Downtown core a $20.00 reduction in the monthly cost of a Kitchener Transit Pass. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - 1. That parking be prohibited on the south side of Mill Street from a point 72 metres west of Heiman Street to Borden Parkway, and further, That the Uniform Traffic By-law be amended accordingly. 2. That the Traffic and Parking Division of the Department of Public Works be instructed to amend the Overnight By-law to prohibit parking on all City roadways between the hours of 2:30 a.m. and 6:00 a.m., from December 1st to March 31st, annually, and further, That there be no provision for exemptions to the Overnight By-law, and further, That the existing By-law Enforcement Officer shifts be maintained between December and March (4 day, 1 evening and 2 overnight), and further, That, from April to November, the By-law Enforcement Officer shifts be re -assigned to include 4 day, 2 evening and 1 overnight, and further, That the By-law Enforcement Officers perform regular City-wide enforcement of prohibited parking during the evening hours, and further, COUNCIL MINUTES FEBRUARY 12, 1996 - 69- CITY OF KITCHENER COUNCIL MINUTES FEBRUARY 12, 1996 - 69- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That the Cancellation Policy, as presented to the Public Works and Transportation Committee on February 5, 1996, be adopted, and further, That the revisions to the existing parking policies be extensively advertised to the public. COUNCIL MINUTES FEBRUARY 12, 1996 -70- 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. Engineering Agreement 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 Westmount Meadows Subdivision, Draft Plan 30T-92012." 2. Various Licenses It was resolved: "That the Kitchener Midget Girls Fastball Club, South Perth League, be granted permission to operate a refreshment stand, outside of the Hiway Centre Zehrs on May 11, 1996, provided that the necessary Licence and Health and Fire approvals are obtained." 15570 a "That the Manager of Licensing be authorized to issue a Massagist's Licence to Melanie Lynn Gross as per her application dated January 22, 1996." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the K- W Minor Lacrosse to conduct a Monte Carlo event at the Howard Johnson's, 1333 Weber Street East, Kitchener, on March 22-24, 1996, inclusive." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Lion Rampant Accordion Band Inc., to conduct a Monte Carlo event at the Army, Navy and Air Force Veterans Club, 2-408 Gage Avenue, Kitchener on April 23-25, 1996, inclusive; providing that all proceeds from this event are used for the non -adult members of the band." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Lion Rampant Accordion Band Inc., to conduct a Monte Carlo event at the Army, Navy and Air Force Veterans Club, 2-408 Gage Avenue, Kitchener on May 28-30, 1996, inclusive; providing that all proceeds from this event are used for the non -adult members of the band." COUNCIL MINUTES COUNCIL MINUTES FEBRUARY 12, 1996 - 71- CITY OF KITCHENER COUNCIL MINUTES FEBRUARY 12, 1996 - 71- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FEBRUARY 12, 1996 -71- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 3. Requests for Allocation of Subsidy Funds It was resolved: "That the Mayor and Clerk be authorized to execute Request No. 1 with the Ministry of Transportation pursuant to The Public Transportation and Highway Improvement Act for the allocation of subsidy funds for the transportation of physically disabled persons for the year 1996 in the amounts of: Capital: $161,893. Operating: $694,851." -and- "That the Mayor and Clerk be authorized to execute Request No. 1 with the Ministry of Transportation pursuant to The Public Transportation and Highway Improvement Act for the allocation of subsidy funds for the year 1996 in the amount of: $12,918,910 for the Capital Assistance Programme $ 3,060,191 for the Transit Operating Assistance Programme." 4. Sale of Tickets - Children's Hospital of Western Ontario Foundation This item was dealt with under Delegations. 5. Tenders This item was dealt with under Delegations. 6. Letter of Understanding - Fercan Development Corporation This item was dealt with under Delegations. 7. Exemption from Noise By-law It was resolved: "That Dave Martin Excavating be exempt under the provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6 Construction Work for the period February 12, 1996, to April 1, 1996, while working on the Schneider Trunk Sanitary Sewer." 8. Tax Adjustment Applications The Committee was in receipt of a letter dated February 7, 1996 from Mr. R.W. Pritchard dealing with applications to City Council for cancellation, reduction, refund or levy of taxes under Section 442 of the Muncipal Act, R.S.O. 1990. It was resolved: COUNCIL MINUTES FEBRUARY 12, 1996 - 72- CITY OF KITCHENER COUNCIL MINUTES FEBRUARY 12, 1996 - 72- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL "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." 9. Raffle Licence The Committee was in receipt of a memorandum dated February 8, 1996 from the Manager of Licensing. COUNCIL MINUTES FEBRUARY 12, 1996 -72- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 9. Raffle Licence (Cont'dl It was resolved: "That the City of Kitchener has no objection to a Lottery Licence being issued to the Forest Hill T -Ball Association to conduct a raffle lottery at 43 Royal Orchard Place, Kitchener, on June 15, 1996."