HomeMy WebLinkAboutCouncil Minutes - 1997-06-03COUNCIL\1997-06-03
JUNE 3, 1997
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 Maryan Mahler and Council thanked Ms. Mahler
for her rendition of the National Anthem.
Those in attendance then rose and observed a moment of silence in regard to the passing of Don Scully,
a former City Auditor.
On motion by Councillor M. Yantzi, the minutes of the regular meeting held May 12, 1997, and the special
meetings held May 20 and 26, 1997, as mailed to the members, were accepted.
COMMUNICATIONS - N I L
Mayor R. Christy congratulated Councillor Karen Redman on her recent election as a member of the
Federal Parliament, and on behalf of Council, thanked her to the spirit, vitality and imagination she has
shown as the Centre Ward representative on Kitchener Council.
Mr. L. Proulx, in his capacity as the Project Manager for the new City Hall, presented Mayor R. Christy
with an "Award of Excellence" from the Association of Ontario Architects, in recognition of the
architectural excellence of the Kitchener City Hall, and Mayor Christy accepted, on behalf of Council and
the citizens of Kitchener. Mayor Christy also extended thanks to Mr. Proulx for his outstanding
contribution to the construction of the City Hall in the role of Project Manager.
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 this date.
Moved by Councillor J. Ziegler
Seconded by Councillor M. Yantzi
"That tender T97-47, Dump Trucks and Snow Plow Equipment, be awarded as follows:
Item #1 - two (2) - 17,690 kg (39,000 lb.) G.V.W. Single Rear Axle Conventional Cab & Chassis
complete with a Side Tipping Sander Body, Front One Way Plow and Towerless Hydraulic
Levelling Wing complete to specification CKF-126 - to Team Truck Centre, Kitchener at their
tendered price of $229,744., plus optional automatic greasing system at $3,731. each, extended
engine warranty at $560. each, air conditioning for one unit at $675., P.S.T. and G.S.T.
Item #2 - one (1) - 17,690 kg (39,000 lb.) G.V.W. Single Rear Axle Conventional Cab & Chassis
complete with a Side Tipping Sander Body and Under Chassis Scraper complete to specification
CKF-127 - to Team Truck Centre, Kitchener at their tendered price of $109,940., plus optional
Automatic Greasing System at $3,731., Air Conditioning at $675., Extended Engine Warranty at
$560., P.S.T. and G.S.T.
-and-
"That tender T97-52, Hot Mix Asphalt, be awarded to Kitchener Asphalt Limited, Kitchener and
Forwell Limited, Kitchener at their tendered unit prices, plus G.S.T. and P.S.T."
-and-
"That tender T97-53, Supply of Asphalt Emulsions, be awarded to McAsphalt Industries Limited,
Scarborough at their tendered price of $152,460., plus P.S.T. and G.S.T."
-and-
"That tender T97-55, Compressed Air Equipment Transit Centre, be awarded to Merlin
Compressed Air Ltd., Kitchener at their tendered price of $55,615., plus Oil/Water separator at
$2595., spare maintenance parts at $1,663.01, G.S.T. and P.S.T."
-and-
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"That tender T97-43, 5,216 kg (11,500 lb) G.V.W. Dual Rear Wheel Modified Mini Bus For
Specialized Transit, be awarded to Pearson Bus Sales Ltd, Brantford, Ontario at their tendered
price of $66,750., plus G.S.T. and P.S.T."
-and-
"That Expression of Interest E97-58, Consultant Services - Kent Avenue Reconstruction, be
awarded to Conestoga-Rovers & Associates, Waterloo, at an upset fee of $23,213., plus G.S.T."
-and-
"That tender T97-63, Wilson Arena Roof Replacement, be awarded to Provincial Industrial
Roofing and Sheet Metal Company Limited, Concord at their tendered price of $119,370., plus
optional coloured membrane at $10,325., ten year warranty at $1,800. and G.S.T."
-and-
"That tender T97-56, Supply and Installation of a Modular Building - Centenial Stadium, be
awarded to Provincial Partitions Inc., Brampton at their tendered price of $46,931.40 plus G.S.T.
-and-
"That tender T97-64, Lighting Retrofit -Transit Centre, be awarded to Harold Stecho Electric Ltd.,
Waterloo at their tendered price of $78,600., plus optional high/lo lighting in the Bus Storage area
at $13,500., plus G.S.T."
Carried.
Mr. Anthony Correira was registered as a delegation this date in opposition to clause #1 of the Finance
and Administration Committee report of this date recommending no action on a request from the Sports
Cafe, 102 King Street W, to operate an outdoor patio during the 1997 season, but was not in attendance.
Ms. Patricia Porter appeared on behalf of the Toronto School of Business and in opposition to the May
27, 1997 refusal recommendation of the Committee of Adjustment with respect to Submission No.S 3/97
(Canada Post Corporation) involving permission for the School of Business to erect two ground signs on
Gaukel and Charles Streets. Ms. Porter provided background leading up to the Committee decision,
noting that no documentation was submitted to the Committee of Adjustment in oppostion to the request,
nor did the Committee give a reason for its recommendation. Ms. Porter asked that Council override the
resolution of the Committee of Adjustment and grant permission to erect the two signs.
Mr. T. McCabe advised that the Committee of Adjustment feels that Council should judge the request on
the basis that the sign as proposed would be prohibited under a City by-law.
Moved by Councillor G. Lorentz
Seconded by Councillor C. Weylie
"That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council
on May 27, 1997, recommending refusal of Submission No. S 3/97, Canada Post Corporation - not
be ratified and confirmed; and further,
That the application for permission to erect two ground signs on Gaukel and Charles Streets is
hereby approved as submitted."
Carried.
Ms. Patricia McLean, and Mr. John Black, appeared on behalf of Habitat for Humanity and gave a
presentation with respect to an upcoming project on Grulke Street and Fairway Road. Mr. Black noted
that this project is the first two storey townhouse constructed by Habitat and that three are planned facing
on to Grulke Street. He added that they will all be built during the period July 28 to August 4, 1997, and
in his opinion, will enhance the streetscape. He referred to previously circulated building plans and
background information and referred to the families who will occupy the premises. Mr. Black thanked
Council for its past support of Habitat for Humanity projects and requested a grant to offset municipal
development charges and all fees relating to construction and site development. He also asked for
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favourable consideration involving the provision of municipal services to the site.
Mayor R. Christy suggested, and it was agreed, that consideration of the request would be deferred and
referred to the June 10, 1997 Finance and Administration Committee meeting commencing at 10 a.m.
pending receipt of a staff report detailing the specifics of the request. Ms. McLean advised that she would
attend that date, and Mayor Christy asked that the delegation provide documentation to Ms. Pauline
Houston, Acting Commissioner of Finance.
Mr. Bryan Farley, appeared on behalf of Budd Canada Inc. and in support of the May 27, 1997
recommendaiton of the Committee of Adjustment with respect to a sign variance.
Moved by Councillor J. Ziegler
Seconded by Councillor M. Yantzi
"That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council
on May 27, 1997, recommending approval of Submission No.S 2/97, Budd Canada Inc. - be
ratified and confirmed."
Carried.
Mr. Glenn Scheels appeared in support of clause #8 of the Planning and Economic Development
Committee report of this date dealing with Zone Change Application ZCA 96/41N/PB and Subdivision
Application 30T-90031 (Monarch Construction Limited), and enactment of the related zoning by-law.
Council was also in receipt of Planning and Development Department report PD 97~54 (June 2, 1997)
recommending revisions to the Zone Change Application and modifications to the draft approved Plan of
Subdivision.
Mr. Scheels referred to the relotting which took place as a result of direction from the Planning and
Economic Development Committee, and also referred to lot depth and the types of homes which would be
constructed, which he characterized as being compatible with those on Wildlark Crescent. He
encouraged Council to adopt the recommendations in PD 97/54 and to give the Zoning By-law three
readings this date.
Councillor Ziegler enquired whether the residents had seen the relotting proposal, and Mr. Scheels
replied that Mr. Greg Murdoch, who is also registered as a delegation this date would address the issue.
He further advised that the lots in question are a little smaller but that the houses are similar in size to the
adjacent existing properties. Councillor Ziegler pointed out that the Committee's direction was to make
the lots in the proposed subdivision the same size as those adjacent properties on Oliver Court and
Wildlark Crescent, and questioned why this had not been done. Mr. Scheels replied that his client,
Monarch Construction Limited, has identified a trend toward 32 foot, 40 foot and 52 foot lots. In response
to a further question from Councillor Ziegler, Mr. Scheels advised that if the building lots were 44 feet, the
plan would change by approximately two to three lots, but added that he is not suggesting that 44 foot lots
would not sell.
Mr. Greg Murdoch, appeared as a resident of Wildlark Crescent and questioned why the proposed
building lots backing onto Wildlark Crescent had not been matched as directed by the Committee. He
characterized this as a small concession since Monarch Construction is for the most part getting what it
wants and pointed out that residents do not want to see this small concession eroded. He suggested that
the developer should keep to the original intent of the Committee direction. Mr. Murdoch also indicated
that he had spoken with neighbours this evening and that it is his understanding they would prefer larger
rather than smaller lots.
Councillor M. Yantzi put forward a motion, seconded by Councillor C. Weylie, to adopt clause #8 of the
Planning and Economic Development Committee report of this date.
Councillor J. Ziegler stressed that the developer is not following the Committee's direction, and Mr. T.
McCabe noted that the direction was unclear, but that the developer has complied with the increase in lot
width from 10.7 to 12 metres. Councillor Ziegler suggested that this is inappropriate and added that the
motion should be amended to reflect a minimum lot width of 44 feet for those properties on the east side
of the Monarch Construction lands bordering on Wildlark Crescent and Oliver Court.
Councillors M. Yantzi and C. Weylie accepted the suggestion of Councillor J. Ziegler as a friendly
amendment, noting that this was the intent of the Planning and Economic Development Committee
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resolution.
The motion was then voted on as amended.
Moved by Councillor M. Yantzi
Seconded by Councillor C. Weylie
"That clause #8 of the Planning and Economic Development Committee report of this date be
adopted, as amended."
Carried.
Mr. Mark Charboneau, appeared on behalf of CUPE Local 791 regarding the City's Job Evaluation
System and clause #6 of the Finance and Administration Committee report of this date recommending an
extension of the date for consideration of the report from J. Gazzola pending receipt of additional
information.
Councillor B. Vrbanovic disclosed a pecuniary conflict of interest and abstained from all voting and
discussion concerning the City's Job Evaluation System as his wife is employed by the City's Information
Services Division.
Mr. Charboneau appeared on behalf of Canadian Union of Public Employees (CUPE) Local 791 and
referred to the February 17, 1997 decision of Council to freeze the City's current Job Evaluation System
pending a comprehensive staff report, and the Finance and Administration Committee's subsequent
recommendation that this freeze in effect be extended. He pointed out that the current Evaluation System
is legally binding and has been jointly ratified in conformity with the Provincial legislation currently in
force. Mr. Charboneau referred to several problems in extending the freeze, and referredto the fact that
job duties have changed and employees will not be paid for these duties during the time of the freeze. He
also noted that an employee's only recourse to a job evaluation is to appeal through the System, noting
that the Union has waived its right to arbitrate individual decisions in favour of the process in place under
the current Evaluation System. He also referred to the employee groups involved and that as a result of
reorganization and downsizing, they are required to perform duties immediately and before the position
has been re-evaluated. Mr. Charboneau pointed out that in the normal course of affairs, once the
position duties have been amended, a re-evaluation takes place and retroactive payment may be
involved. He referred to the March 20, 1997 Union grievance and the agreement to allow an eleven week
extension. He added that the Union is applying for arbitration in order to bring this issue to closure and is
asking Council to lift its freeze on the current Job Evaluation System.
Councillor J. Ziegler enquired whether the Union would place a hold on the grievance if Council agreed to
lift the job evaluation system freeze for Union positions only. Mr. Charboneau replied that the evaluation
system by design includes management staff and incorporates pay equity requirements and that as a
result all administrative groups are involved. He stressed that this is a single system involving all job
levels and that separating groups from one another could lead to divergence and the creation of two
separate systems. Mr. Charboneau clarified that he is asking that the freeze be lifted with respect to the
entire Job Evaluation System as it relates to all employee groups, and suggested that if only lifted
selectively, it could have an impact on the integrity of the evaluation process as management and non-
union employees are involved in the actual evaluation and appeal process.
Councillor T. Galloway enquired whether CUPE Local 791 was prepared to discuss major changes to the
Job Evaluation System, and Mr. Charboneau referred to a recent meeting with Ernst & Young at which
time minor changes were referred to. He advised that he could not respond to the question without
seeing the scope of the changes proposed.
Councillor G. Lorentz put forward a motion to lift the freeze with respect to all employee groups affected
by the current Job Evaluation System. Mayor R. Christy ruled that he would accept consideration of the
Finance and Administration Committee report in this regard first, after which he would accept another
motion.
Moved by Councillor J. Ziegler
Seconded by Councillor M. Wagner
"That clause #6 of the Finance and Administration Committee report of this date be adopted."
Moved by Councillor J. Ziegler
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Seconded by Councillor Jake Smola
"That clause #6 of the Finance and Administration Committee report of this date be amended to
reflect that the freeze on the current Job Evaluation System would be lifted only for Unionized
employees."
Councillor K. Redman argued that the proposed amendment is biased and is not fair to all staff.
Councillor T. Galloway advised that he supports the amendment, but suggested that it may be necessary
to once again freeze the system at a later date. Councillor Jake Smola advised that he supports the
amendment on the basis that union jobs are not comparable to non-union jobs and that management
representatives will continue to be involved on the evaluation and appeal committees during the course of
the freeze. Councillor G. Lorentz suggested that the City is obliged to abide by prior commitments and
that additional information is required before dealing with the matter at hand.
The amending motion of Councillor J. Ziegler, seconded by Councillor Jake Smola, was then put to a
recorded vote.
In Favour: Councillors J. Ziegler, Jake Smola, T. Galloway,
John Smola.
Contra: Mayor R. Christy, Councillors K. Redman, M.
Wagner, M. Yantzi, G. Lorentz and C. Weylie.
Councillor B. Vrbanovic abstained from voting.
Motion Lost.
Moved by Councillor G. Lorentz
Seconded by Councillor M. Yantzi
"That the current freeze on the City's Job Evaluation System be lifted for all union, non-union and
management positions for a period of one (1) month from this date pending receipt of additional
information requested of the Interim Chief Administrative Officer."
A recorded vote was requested.
A brief discussion took place on the Job Evaluation System and the past decision to review same.
Councillor M. Wagner suggested that for his part, he is looking for information that will allow him to
consider the issue fairly. Mayor R. Christy noted that dissatisfaction with the current System has been
expressed by some members of Council on the basis that the department reorganizations have not saved
the amount of money anticipated. He added that Council is well served by all of its staff and that an
orderly process of review is required rather than a wholesale revamping of the System as an automatic
response to some of these concerns. Mayor Christy stressed the need to work together and to show
goodwill in this area.
The motion by Councillor G. Lorentz, seconded by Councillor M. Yantzi to lift the freeze for all staff
positions was then voted on.
In Favour: Mayor R. Christy, Councillors K. Redman, M.
Wagner, M. Yantzi, G. Lorentz and C. Weylie.
Contra: Councillors J. Ziegler, Jake Smola, John Smola and
T. Galloway.
Councillor B. Vrbanovic abstained from voting.
Carried.
At the request of Councillor J. Ziegler, it was agreed to amend clause #6 of the Finance and
Administration Committee report of this date to make reference to the e-mails from Mr. G. Sosnoski,
detailing the additional information requested of Mr. J. Gazzola and also directing staff to seek outside
legal advice on the City's position in re-negotiating the current Job Evaluation System.
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Moved by Councillor J. Ziegler
Seconded by Councillor M. Wagner
"That clause #6 of the Finance and Administration Committee report of this date be adopted, as
amended."
Carried.
Councillor B. Vrbanovic previously disclosed a pecuniary conflict of interest and abstained from all voting
and discussion concerning the City's current Job Evaluation System as his wife is employed by the City's
Information Services Division.
Councillor J. Ziegler advised that Ms. Natasha Czech was in attendance this date concerning ratification
of the decision of the Dog Designation Appeal Committee with respect to her restricted dog. Councillor
Ziegler asked that the decision with respect to Ms. Czech be referred back to the Appeal Committee for a
second hearing as due to a move, she did not receive the initial Hearing Notice.
Moved by Councillor J. Ziegler
Seconded by Councillor B. Vrbanovic
"That the decisions of the Dog Designation Appeal Committee with respect to appeals filed by the
following be approved: B. Gladding; T. Koehler/B. Redmond; C. Spencer; S. Goldberg; J. Groves;
J. Wild; E. Atkinson; S. Orr; T. Kolb; J. Matos; J. Blackbourn; C. Marley; M. Schwartz; G.
Yendruck; M. Gilbey; V. Hovinga; D. Durnford; C. Faulkner; J. Hummel; D. Jauch; C. Pilkington; N.
Staines; B. Wendling; V. Cherry; G. Tighe; B. Herriot/T. Lopez; B. Cushing; L. Cover; S. Morris; G.
McCormick; D. Beaulne; and C. Radley; and further,
That the decision relating to N. Czech be referred back to the Appeal Committee for further
consideration."
Carried.
Moved by Councillor M. Yantzi
Seconded by Councillor C. Weylie
"That the report of the Planning and Economic Development Committee of Council of this date be
adopted."
Mr. J. Shivas referred to amended wording with respect to clauses #1 (Offer to Purchase - lan Cook
Construction Limited) and #2 (Option Agreements), the latter changes outlined in a memorandum from V.
Gibaut dated May 29, 1997.
The Committee agreed to the suggested changes and the Planning and Economic Development
Committee report was then voted on clause by clause.
Clauses #1 & 2 - Carried, as amended.
Clause #8 - Dealt with under Delegations and Carried,
as amended.
Balance of Report - Carried.
Note: A motion to reconsider clause #7 was
subsequently dealt with by Council and this clause was
amended on page 284 of these minutes,
Moved by Councillor G. Lorentz
Seconded by Councillor T. Galloway
"That the report of the Community Services Committee of this date be adopted."
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Councillor G. Lorentz asked that consideration of clause #1 be deferred at the request of staff and
referred to the Finance and Administration Committee.
The report was then voted on clause by clause.
Clause #1 - Action deferred and referred to the June 10,
1997 Finance and Administration Committee meeting
pending a staff report outlining areas of concern.
Balance of Report - Carried.
Moved by Councillor T. Galloway
Seconded by Councillor Jake Smola
"That the Environmental Committee report of this date be adopted."
Councillor T. Galloway referred to the concerns expressed in clause #1 of the report with regard to lawn
spray companies whose application procedures do not comply with Provincial regulations. Councillor G.
Lorentz suggested that it would be more appropriate to approach the Provincial regulatory body rather
than the lawn spray companies. Councillor Galloway suggested that the Provincial process is complaint
driven and that due to staff reductions, the Ministry of the Environment & Energy does little policing in this
regard. He further suggested that some municipalities have enacted by-laws further restricting lawn
spray application. Councillor B. Vrbanovic suggested that it makes sense to act proactively when dealing
with a health-related matter. Councillor John Smola suggested an alternative; being, send a letter to the
Provincial Ministry asking them to outline the procedure for filing and documenting complaints and to
copy the lawn spray companies involved.
Councillor T. Galloway accepted the suggestion of Councillor John Smola as a friendly amendment and
the Environmental Committee report of this date was voted on and Carried, as amended.
Moved by Councillor J. Ziegler
Seconded by Councillor M. Wagner
"That the report of the Finance and Administration Committee of this date be adopted."
Council was in receipt of correspondence from J. Shivas dated May 30, 1997 suggesting wording
changes to the draft Code of Conduct Policy and a section of the Municipal Code in response to earlier
direction from the Finance and Administration Committee to make provision for the spouse of an
employee in the prohibitions on direct and indirect purchases. It was agreed to amend clause #4 in this
regard and in accordance with the wording in Mr. Shivas' correspondence.
The report was then put to a vote.
Clause #4 - Carried, As Amended.
Clause #6 - Dealt with under Delegations and Carried,
as amended.
Balance of Report - Carried.
Declared pecuniary conflicts of interest and abstentions:
Clause #6 - Councillor B. Vrbanovic as his wife is
employed by the City's Information Services Division.
Moved by Councillor John Smola
Seconded by Councillor M. Wagner
"That the report of the Public Works & Transportation Committee of this date be adopted."
Councillor J. Ziegler asked that clause #1 be dealt with separately, as staff have concerns that the project
may not be completed by the close of the 1997 construction season, and on this basis, he is suggesting it
be a first priority in 1998. Both Councillors Ziegler and T. Galloway asked that they be recorded as
opposed to clause #1.
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The Public Works & Transportation Committee report was then voted on clause by clause.
Clause #1 - Carried.
Balance of Report - Carried.
Councillor B. Vrbanovic indicated that he was informed by Mr. L.F. Parkhouse that some of the members
of the Ethno-Cultural Advisory Committee had not been properly appointed by Council.
Moved by Councillor B. Vrbanovic
Seconded by Councillor T. Galloway
"That the following individuals be appointed to the Ethno-Cultural Advisory Committee retroactively
from December 1, 1996 and for a term to expire on November 30, 1997:
Pritam Singh Grewal; Chandirka Anjaria; Shakuntala Ahluwalia, Joe Lovell and Shariff
Aidaruse."
Carried.
Councillor J. Ziegler referred to several recent circulation letters for preliminary zone change applications,
noting that the May 29, 1997 letter relative to 350 Westmount Road West, is a good example of an
explanatory letter; however, the letter with respect to 965 Glasgow Street sets out sufficient information,
but the location on the map is unclear, and for 170 Cherry Street, the letter does not indicate the number
of townhouse units proposed for construction. Councillor Ziegler suggested that such letters should
contain enough detail to inform residents and reduce the need to call staff for clarification.
Moved by Councillor John Smola
Seconded by Councillor Jake Smola
"That the City accept, and the Mayor and Clerk be authorized to execute an offer to sell dated May
26, 1997 from Mary Sarah Witzel respecting land composed of Part of Lot 123, German Company
Tract designated as Part of Part 1, Plan 58R-2611 and having about 115 feet of frontage on, and a
depth of about 100 feet from, the Grand River, reserving a right-of-way to the vendor thereon, in
consideration of the cancellation of a letter of credit held by the City, dated November 25, 1991 in
the amount of $59,031.53 drawn on the Toronto-Dominion Bank on the account of T. Witzel/B.
Kearns for the industrial subdivision Registered Plan 1677 (Phase I), conditional upon the City
obtaining a contribution from George Weiland in the amount of $19,677.18 and further contribution
from Bryson F. Kearns in the amount of $19,677.18;
Further, that in return for the said contributions the City agrees to proceed to develop a river park
on Part of Block 42, Registered Plan 1677, provided that the costs to do so are covered by the
revenues from gravel to be extracted therefrom and by funding and in-kind services from the
Optimist Club of Stanley Park."
Carried.
Moved by Councillor J. Ziegler
Seconded by Councillor M. Yantzi
"That this Council express its deep sense of loss following the recent passing of Don Scully, City
Auditor from 1950 to 1980. His many contributions to the citizens of this community will be long
remembered; and further,
That we extend our sincere condolences to his bereaved wife and family."
Carried.
Councillor K. Redman formally tendered her resignation from Kitchener Council effective this date
following her election as a Member of Parliament. She noted that it was an honour and a privilege to
serve the community and thanked staff who have made a conscious decision to work in the public sector.
She also thanked her colleagues for their personal support, adding that she will miss their individual
qualities and friendship.
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Mayor R. Christy read Councillor K. Redman's letter of resignation and advised that he was accepting it
with regrets. He thanked Councillor Redman for her important contribution and expressed his confidence
that she would bring both creativity and dedication to her new Federal office.
At the request of Mr. R.W. Pritchard, Council consented to the amending of the by-law listed as 9(b) on
the Council agenda to reflect amendments made this date to clause #8 of the Planning and Economic
Development Committee report, and also to the addition of a by-law to amend Chapter 170 (Purchasing
and Materials Management) of the Municipal Code.
Moved by Councillor K. Redman
Seconded by Councillor John Smola
"That leave be given the Mover and Seconder to introduce the following by-laws, namely:
(a) Being a by-law to close and sell part of Howe Drive in the City of Kitchener
(b)
Being a by-law to amend By-law 85-1 known as the Zoning By-law - Monarch Construction
Limited -Victoria Street South and Westforest Trail - No. 96141NIPB
(c)
To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of
motor vehicles on private property
(d)
To further amend By-law No. 88-171 being a by-law to designate private roadways as fire
routes and to prohibit parking thereon
(e)
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
(f)
Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding
By-law Enforcement
(g)
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
(h) Being a by-law respecting The Centre In The Square Inc.
(i) Being a by-law to authorize the purchase of St. Peter's Lutheran Cemetery
(j) To confirm all actions and proceedings of the Council
(k)
Being a by-law to amend Chapter 650 of The City of Kitchener Municipal Code with respect
to Lot Maintenance
Being a by-law to amend Chapter 695 of The City of Kitchener Municipal Code with respect
to Weed Control
(m)
Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect
to Appointments - Staff
(n)
Being a by-law to amend Chapter 170 of the City of Kitchener Municipal Code regarding
Purchasing and Materials Management
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 M. Yantzi as Chair.
On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair.
Moved by Councillor M. Yantzi
Seconded by Councillor C. Weylie
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"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.
Mayor R. Christy noted that Mr. John Marquis was in attendance concerning clause #7 of the Planning
and Economic Development Committee report but did not registered as a delegation. Council agreed to
hear Mr. Marquis.
Mr. John Marquis advised that he does not agree with the price of the City lands adjacent to his property
totalling $2,100 plus surveying and legal costs. Mr. Marquis explained that he purchased the triplex he
presently owns 1 1/2 years ago on the assumption that it was a legal triplex but was told just prior to
closing that a zone change application would be required. He pointed out that the property has been a
triplex for approximately 40 years and that an encroachment agreement with the City has been in place
for 10 years at a total cost to the owner of $1. Mr. Marquis advised that in addition to the price, he did not
realize that purchasing the City lands was a stipulation of the zone change.
Councillor J. Ziegler questioned whether the subject City lands proposed for sale are of use to anyone
else, and Mr. J. Shivas responded that he was not aware of the history of the property. Mr. T. McCabe
noted that it is unlikely to be of use to anyone else as the strip of land is long and very narrow. Councillor
M. Wagner expressed concern that agreeing to lower the price in this instance would set an unfavourable
precedent, and referred to several similar circumstances in his own Ward. He also expressed concern
that there does not presently seem to be an appeal process in the event a potential purchaser is unhappy
with the proposed price. He asked that this be put on a Committee agenda for discussion at a later date.
Councillor Ziegler argued that the precedent would be very limited and indicated his support for offering
the land to Mr. Marquis at a more reasonable price. Mr. McCabe further clarified that several
encroachments onto the City land are invovled, one involving a driveway and the second a shed which
was not mentioned in the original agreement. He added that the estimate provided by Mr. G. Andersen
places a $2,100 value on the land and approximately $1,400 in survey and legal costs associated with
the transfer. Councillor G. Lorentz suggested a price of $100 for the land plus related survey, legal and
incidental costs.
Moved by Councillor John Smola
Seconded by Councillor J. Ziegler
"That Council reconsider its decision of June 3, 1997 in the form of the adoption of clause #7 of
the Planning and Economic Development Committee report as it relates to Subsections A(1) and B
involving the purchase price for surplus open space lands in Breithaupt Park."
Carried with the required two-thirds majority of the members present.
Moved by Councillor J. Ziegler
Seconded by Councillor John Smola
"That clause #7, Subsections A(1) and B of the Planning and Economic Development Committee
report of this date, be amended to reflect that the purchase price for surplus open space lands in
Breithaupt Park is $100 plus all surveying, legal and incidental costs."
Carried.
Councillor Jake Smola suggested that any funds in this regard should be placed in the Parkland Reserve
Fund, and Mr. J. Gazzola agreed that this would be done in future.
Moved by Councillor K. Redman
Seconded by Councillor John Smola
"That the by-laws listed on the agenda for third reading, namely:
(a)
Being a by-law to amend By-law 85-1 known as the Zoning By-law - Monarch Construction
Limited -Victoria Street South and Westforest Trail - No. 96/41N/PB
(By-law No. 97-85)
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(b)
(c)
(d)
(e)
(f)
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. 97-86)
To further amend By-law No. 88-171 being a by-law to designate private roadways as fire
routes and to prohibit parking thereon
(By-law No. 97-87)
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
(By-law No. 97-88)
Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding
By-law Enforcement
(By-law No. 97-89)
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. 97-90)
(Cont'd)
(g) Being a by-law respecting The Centre In The Square Inc.
(h)
(i)
(J)
(k)
(By-law No. 97-91)
Being a by-law to authorize the purchase of St. Peter's Lutheran Cemetery
(By-law No. 97-92)
To confirm all actions and proceedings of the Council
(By-law No. 97-93)
Being a by-law to amend Chapter 650 of The City of Kitchener Municipal Code with respect
to Lot Maintenance
(By-law No. 97-94)
Being a by-law to amend Chapter 695 of The City of Kitchener Municipal Code with respect
to Weed Control
(By-law No. 97-95)
(i)
(m)
Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect
to Appointments - Staff
(By-law No. 97-96)
Being a by-law to amend Chapter 170 of the City of Kitchener Municipal Code regarding
Purchasing and Materials Management
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(By-law No. 97-97)
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 AND ECONOMIC DEVELOPMENT COMMITTEE -
That the City accepts, and the Mayor and Clerk be authorized to execute, an Offer to Purchase
dated May 12, 1997 and amended May 22, 1997 from lan Cook Construction Limited with respect
to lands composed of not less than .67 acres and not greater than .83 acres, being Parts 2, 18 and
19, Plan 58R-7231 save and except Parts 1, 2 and 3, Plan 58R-9592 and part of Parts 3, 20 and
21, Plan 58R-7231, at a rate of $175,000 per acre for the land not restricted by Grand River
Conservation Authority regulations (part of Parts 2, 3, 18 and 21, Plan 58R-7231) and $33,000 per
acre for the land which is restricted by such regulations (part of Parts 19 and 20, Plan 58R-7231),
conditional on an option for adjacent land to be mutually agreed upon by the City and the
Purchaser; and further,
That the Mayor and Clerk are hereby authorized to execute any of the necessary documentation
required by the City Solicitor.
(As Amended)
That subject to Mr. J. Shivas, City Solicitor, submitting a written legal opinion for consideration at
the June 3rd Council meeting, we accept in principle the utilization of Option Agreements
respecting purchases of city land in accordance with the criteria outlined below:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Land optioned must be adjacent to land owned by the optionee or City land subject to
agreement of purchase and sale with optionee;
Six (6) month term;
Deposit of 5% of the purchase price of land optioned;
Non-refundable deposit, to be credited to purchase price if option exercised;
Option not transferrable or assignable;
Option to purchase document must contain agreement of purchase and sale;
Option exercised by notice to City at any time during the option period;
Option renewable:
i) for one further six (6) month term
ii) by notice from optionee to City at least 30 days prior to the expiry of option; and
iii) for a further 5% of the purchase price, which price may be adjusted by City in its sole
discretion.
(As Amended)
3. A.
That Map "A" - Land Use of the Laurentian West Community Plan be amended to
redesignate a portion of lands located at the southwest intersection of Ottawa Street and
Wilderness Drive (Block 1 (Stage 2) of Draft Plan of Subdivision 30%88041) from "Multiple
Residential (40 uph)" to "Low Density Residential" as shown on the revised Map "A"
attached.
It is the opinion of this Committee that approval of this Amendment to the Community Plan
is proper planning for the City.
That Subdivision Application 30T-88041 (Revised - 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:
The Subdivider covenants and agrees:
51.
That the final plan for registration purposes shall be prepared in accordance with the
attached plan of subdivision dated April 17, 1997, provided that minor amendments
to said plan, acceptable to the General Manager of Planning and Development, and
not affecting the numbering of lots or blocks may be permitted without amendment to
this agreement. Any changes affecting the numbering of lots or blocks shall require
an amendment to this agreement to reflect such changes.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
3. Cont'd
52.
To submit a Lot Grading and Drainage Control Plan for the approval of the General
Manager of Public Works, in consultation with the City's General Manager of Parks
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53.
54.
55.
56.
57.
58.
59.
REPORTS ADOPTED BY COUNCIL
and Recreation, the Regional Municipality of Waterloo and the Grand River
Conservation Authority, with the plan to be approved prior to any grading or
construction on site or prior the City's release of the Subdivision Plan for registration.
That prior to any grading or construction on the site and prior to the City's release of
the Plan for registration, to submit for the approval of the General Manager of Public
Works, in consultation with the City's General Manager of Parks and Recreation, the
Regional Municipality of Waterloo 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.
That the street within the Plan of Subdivision shall be named "Watercress Court",
which name shall appear on the final registered plan.
That construction traffic to and from the proposed subdivision shall be restricted to
using Wilderness Drive from Water Cress Court to Ottawa Street as the designated
truck route. All construction traffic shall be prohibited from using other internal
residential streets in the community. The Subdivider agrees to advise all relevant
contractors, builders and other persons of this requirement with the Subdivider being
responsible for any signage, where required, all to the satisfaction of the Director of
Traffic and Parking Services.
To make satisfactory financial arrangements with the General Manager of Public
Works for the construction of a 1.5 metre wide concrete sidewalk along both sides of
Watercress Court and across the entire length of Ottawa Street adjacent to the
proposed subdivision.
To obtain from the Grand River Conservation Authority, if necessary, a Fill,
Construction and Alteration to Waterways Permit under Ontario Regulation 149/90,
as amended by 69/93. Such permit shall be obtained prior to on-site grading, the
installation of services and the City's release of the Subdivision Plan for registration.
To obtain approval of plans/drawings from the City's Manager of Design, Heritage
and Environment, for any lots abutting Ottawa Street, 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.
To install a permanent 1.2 metre high, paige wire fence or an alternate marking
system to the satisfaction of the City's General Manager of Parks and Recreation
along the rear lot lines of Lots 15 to 31 inclusive.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
3. Cont'd
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
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61.
62.
REPORTS ADOPTED BY COUNCIL
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
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.
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)
b)
Block 33 for storm water management purposes;
Block 35 for open space purposes.
To dedicate to the City of Kitchener, through plan registration, Block 34 for
emergency access/public walkway purposes;
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
3. Cont'd
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REPORTS ADOPTED BY COUNCIL
63.
That access to Block 32 shall be permitted only from Watercress Court and that no
access from Wilderness Drive shall be permitted.
64.
That all zero sideyard housing shall provide 1.5 metre wide easements 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 Grants of Easement Agreement and a reference plan. Prior to the
issuance of any building permits, the Subdivider shall provide a confirmation letter to
the City's Manager of Community Planning and Development Review which verifies
that the reference plan has been deposited and the easement documents have
been prepared, worded and registered to the satisfaction of the City Solicitor.
65.
To undertake any measures required by and to the satisfaction of the City's Chief
Building Official to ensure proper water pressure to the proposed development.
66.
To convey Block 36 to the owner of the abutting lands to the south or, alternatively,
to the City, at no cost and free of encumbrance concurrent with the registration of
the plan of subdivision.
67.
To construct within Block 34, at the Subdivider's cost and to the satisfaction of the
General Manager of Public Works, prior to the issuance of any building permits, a
dual purpose public walkway/emergency vehicular access from Ottawa Street to
Watercress Court. This design shall include a City of Kitchener gate and locking
system in order to prevent through traffic between these two streets.
68.
To submit a landscape plan showing the proposed grading and naturalization for the
wetland buffer enhancement area within and immediately adjacent to Block 35 for
the approval of the General Manager of Parks and Recreation, prior to plan
registration. The subdivider agrees to implement the approved landscape plan
subsequent to final grading and within one year of registration of the plan or at other
such time as approved by the City's General Manager of Parks and Recreation.
It is the opinion of this Committee that approval of this revised subdivision plan is proper
planning for the City and is in conformity with the City's approved Municipal Plan.
That upon registration and execution of the new Subdivision Agreement required in B)
above, Block 1, Stage 2 shall be released from the previous Subdivision Agreement
registered as Instrument Number 1262958.
That the Terms of Reference of Team Kitchener outlined in the document "The City of Kitchener:
An Economy in Transition" be approved as follows:
1. Purpose
To provide Kitchener City Council with a long term and a short term economic development
strategy containing key recommendations and priorities for an implementation program that
should include but may not be limited to:
an evaluation of the best roles, division of responsibilities and co-ordination
between Canada's Technology Triangle (CTT), all levels of government
including Regional, the private sector, and the Corporation of the City of
Kitchener as they pertain to economic development activity
a set of realistic priorities for action given the recommended role for the City
of Kitchener
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
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4. Cont'd
REPORTS ADOPTED BY COUNCIL
advice on how the City of Kitchener can better market itself locally, nationally
and internationally and follow up effectively with the contacts that are made
advice on how the City can enhance and co-ordinate its current marketing
activities to develop a single public image and communications strategy for
the Corporation
action to follow up on the contacts made in South-East Asia during the Team
Canada trip
2. Scope
Economic development activity and supporting functions for the purpose of this exercise
have been defined as including the following:
attracting investment to our community
selling municipal expertise and services
retention and growth of business
facilitating export markets
marketing and communication
consumer and special event tourism
developing educational partnerships
research and information and needs assessment
Team Kitchener shall have regard for and coordinate its recommendations with the
Corporate Strategic Plan attached as Appendix A.
Team Kitchener will review all existing frameworks of stakeholder organizations, their terms
of reference and strategic priorities.
Economic Development in Kitchener:
Our Strengths, Weaknesses, Opportunities and Threats
Team Kitchener will have regard for the current and future environment in which the
municipality finds itself as described in the attached SWOT analysis. See Appendix B.
4. Membership and Organization
Upon the recommendation of the Mayor council shall appoint at least five individuals to
serve on Team Kitchener who have expertise in one or more of the following suggested
areas:
marketing/communications/promotions
business investment
skills training/education
international business experience
entrepreneurial experience in new technology
infrastructure management/land development
tourism, culture and the arts
A Chair would be selected by Team Kitchener from amongst the team members.
An administrative facilitator shall be appointed by Management Committee to provide
administrative assistance to Team Kitchener.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
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REPORTS ADOPTED BY COUNCIL
4. Cont'd
5. Role and Function
Team Kitchener will develop its recommendations using a consultive process that
considers both Kitchener's strengths and shortcomings and which may involve:
reaching out to the business community
consulting with the investment community outside Kitchener
meeting with the Ontario International Trade Corporation to determine
international investment preferences and opportunities
consulting collectively with the local municipal Economic Development
offices
Team Kitchener will consolidate the information it receives from the consultations, evaluate
it and prepare a plan of action which shall set priorities and a schedule for implementation.
Team Kitchener's plan will be tabled at a special meeting of the Planning and Economic
Development Committee and referred to Council for approval.
If Team Kitchener is unable to reach consensus, the areas of disagreement may be
documented and presented to Council by the dissenting member(s).
Upon approval of the plan by Council, Management Committee will create an
implementation team to oversee the plan's implementation, monitor the progress of the
plan's recommendations, report to Council on resources required, and provide progress
reports on the plan's implementation.
6. Schedule
May26, 1997 Terms of Reference approved by the Planning and Economic
Development Committee
June 3,1997
Terms of Reference approved by Council
appointment of Team Kitchener
June 3,1997-
August18,1997
Term of Team Kitchener
1st week of August Special meeting of Planning and Economic Development Committee
to receive final report
August18,1997
Final report to Council
That Council approve the proposed by-law attached to Planning and Development Staff Report PD
97/44 as "Appendix A" amending Municipal Code Chapter 650 (Lot Maintenance) to remove the
requirement for passage of a separate by-law to enforce non-compliance with the regulations on
grass height and remove the exemption for outdoor storage; and further,
That Council approve the proposed by-law attached to Planning and Development Staff Report PD
97/44 as "Appendix B" amending Municipal Code Chapter 695 (Weed Control) to include all lands
within the City; and further,
That Council approve the proposed by-law attached to Planning and Development Staff Report PD
97/44 as "Appendix C" amending Municipal Code Chapter 101 (Appointments-Staff) to appoint the
Municipal Law Enforcement/Property Standards Officers of the Enforcement
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REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
5. Cont'd
Services Section of the Department of Planning and Development as Weed Inspectors for the
purpose of enforcing Chapter 695; and further,
That Council approve the proposed Council Policy Resolution attached to Planning and
Development Staff Report PD 97/44 as "Appendix D" to replace existing Policy 1-630 (Property
Maintenance-Weed Control) to consolidate Council direction to Staff regarding the cutting of long
grass/weeds and the destruction of noxious weeds and weed seeds.
That Zone Change Application ZC 97/2/M/JG (Elizabeth Schmidt), requesting to change the
zoning from CR-1 with special use provision 199 to CR-1 with a revised special use provision, be
approved in the form shown in the attached "Proposed By-law", dated April 24, 1997, subject to
the following conditions:
i) Removal of the pavement from the front yard;
ii)
Submission and approval of a parking plan from the City's Manager of Community
Planning and Development Review, providing for at least three parking spaces in
the rear yard;
iii)
Construction of the parking area in accordance with the approved plan, to the
satisfaction of the City's Manager of Community Planning and Development Review
or submission of a letter of credit in an amount sufficient to guarantee the
construction of the parking area in accordance with the approved plan.
iv)
The owner acknowledges that Conditions i), ii) and iii) are required to be satisfied
no later than seven (7) month from Council having approved the amending zoning
by-law relative to the Zone Change Application 95/25AN/JG by resolution. In the
event this requirement is not fulfilled within the seven month period, Council shall
consider rescinding its zone change approval.
It is the opinion of this Committee that approval of this application is proper planning for the City
and is in conformity with the City's approved Municipal Plan.
That Zone Change Application ZC 96/6/F/ZJ (John Marquis and City of Kitchener)
requesting a zone change from Residential Four Zone (R-4) and Open Space Zone (P-2) to
Residential Five Zone (R-5) with Special Regulation Provision 224R all according to By-law
85-1, on Part of Lot 14, Registered Plan 736 and Part of Lot 50, Registered Plan 788 be
approved in a form shown in the "Proposed By-law" attached, dated April 11, 1997, subject
to the following condition being satisfied prior to any readings of the By-law by City Council:
1)
That the owner purchase from the City of Kitchener, a portion of the surplus Open
Space lands from Breithaupt Park for $100.00 plus all surveying, legal and
incidental costs associated with the land purchase and transfer.
2)
The owner acknowledges that condition #1 is required to be satisfied no later than
seven months after Council having approved by resolution Zone Change Application
ZC 96/6/F/ZJ. In the event this requirement is not fulfilled within the seven month
period, Council shall consider rescinding its zone change approval.
It is the opinion of this Committee that approval of this application is proper planning for the
City and is in conformity with the City's approved Municipal Plan.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
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REPORTS ADOPTED BY COUNCIL
7. Cont'd
That the parcel of land described as Part of Lot 50, Registered Plan 788 fronting on
Fairfield Avenue be declared surplus to the City's needs and sold to the abutting owner,
John Marquis, for $100.00 plus survey, legal and incidental costs.
(As Amended)
8. A.
That Zone Change Application ZC 96141N/PB (Monarch Construction Ltd.) requesting a
change in zoning from Residential Three Zone (R-3) to Residential Four Zone (R-4) with
special regulation provision 251R, Residential Four Zone (R-4) with special regulation
provision 241R and Hazard Land Zone (P-3), according to By-law 85-1, on Part of Lot 35
G.C.T., be approved in the form shown in the revised Proposed By-law dated May 26,
1997, as further revised June 3, 1997, to amend clause 3 regarding Appendix 'D',
subsection 241 to provide for a minimum lot width of 13.4 metres, subject to the conditions
contained in recommendation (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 approved Municipal Plan.
That Council recommend to the Regional Municipality of Waterloo that modifications be
approved to draft approved Plan of Subdivision 30T-90031 (Monarch Construction Ltd.)
subject to a new Residential Subdivision Agreement being entered into and registered on
title of the lands containing Stages 2, 3, 4, 5 and 6 of the Plan, incorporating the following
conditions:
51.
That the final plans for registration purposes shall be prepared in accordance with the
attached Plan of Subdivision dated revised on June 3, 1997 to reflect that the proposed lots
on the east side of the Monarch Construction lands which back onto the rear of properties
on Wildlark Crescent and Oliver Court match the lot widths of those properties and have a
minimum width of 44' (13.41 metres). Further, that said Plan of Subdivision represents a
resubdivision of lands for which Stage 1 of the plan has been registered as Registered Plan
1796 and which is regulated under a Subdivision Agreement registered under Instrument
Number 1212476. Minor changes to said plan, acceptable to the General Manager of
Planning and Development and not affecting the numbering of lots or blocks may be
permitted without an amendment to this agreement.
52.
That prior to any grading or construction on site or registration of any stage of the Plan, a
Grading Control Plan be approved by the City's General Manager of Public Works in
consultation with the City's General Manager of the Department of Parks and Recreation,
the Regional Municipality of Waterloo, Ontario Hydro and the Grand River Conservation
Authority.
53.
That prior to any grading or construction on the site or registration of any stage of the plan
to submit for the approval of the City's General Manager of Public Works in consultation
with the City's General Manager of Parks and Recreation, the Grand River Conservation
Authority, the Regional Municipality of Waterloo and Ontario Hydro, a detailed engineering
design for storm water management in accordance with the Detweiler Drainage Study.
Said engineering design shall include an erosion and siltation control plan indicating the
means whereby erosion will be minimized and silt maintained on-site throughout all phases
of grading and construction. The Subdivider further agrees to implement all required
measures as outlined in the approved final design.
54.
That the streets names within the Plan shall be Westforest Trail, Hidden Creek Drive,
Hollyridge Crescent and Heatherwood Place as shown on the Plan of Subdivision.
55.
The division of any lots or blocks by Part Lot Control shall be subject to compliance with the
following requirements:
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REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
8. Cont'd
i)
to submit a draft reference plan for each lot or block, showing all required
maintenance easements and eave encroachments if the lots or blocks are proposed
for zero sideyard housing, and obtain approval of the draft reference
plan from the Director of Building, Zoning and Inspections, the General Manager of
Public Works and the Commission's Engineer.
ii)
to pay all current outstanding taxes prior to the submission of a part lot control
exemption By-law to City Council.
iii) to receive final approval of a Part Lot Control Exemption By-law
iv)
that the draft reference plan approved above shall be deposited in accordance with
the Registry Act and three copies submitted to the Director of Building, Zoning and
Inspections.
v)
no building permits shall be issued until steps (i), (ii), (iii), (iv) and 56. ii) are
completed and the lots and blocks are in compliance with the approved reference
plan and the approved servicing and grading plans;
vi)
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
(i), (ii), iii) and (iv) above. The passing of another part lot control exemption by-law
shall not be required.
56.
Notwithstanding Section 55 above, in the event that only one dwelling is to be constructed
on a block in advance of final approval of a Part Lot Control Exemption By-law; in order to
ensure that the proper and orderly ultimate development of the block is not compromised,
the Subdivider agrees that prior to the issuance of any Building Permits:
i)
to submit a draft reference plan for each lot or block, showing all required
maintenance easements and eave encroachments if the lots or blocks are proposed
for zero sideyard housing, and obtain approval of the draft reference plan from the
Director of Building, Zoning and Inspections, the General Manager of Public Works
and the Commission's Engineer.
ii)
to obtain approval of lotting plans for each lot or block illustrating lotting, service
connections, street utility hardware and proposed grades, together with building
envelopes and driveway locations where required, in conformity with the approved
draft reference plan as set out above, from the City's Director of Building, Zoning
and Inspections.
57.
The Subdivider agrees that all zero sideyard housing shall provide 1.5 metre wide
easements for maintenance and an easement allowing a maximum encroachment of 0.3
metres for eaves. Prior to the issuance of any building permits, the Subdivider agrees to
obtain a reference plan showing such easements and to prepare easements documents for
the approval of the City Solicitor. The Subdivider shall provide a letter to the Manager of
Community Planning and Development Review from the City Solicitor confirming the
approval of the easement documents and further, a letter confirming that the reference plan
has been deposited and the easements documents, so approved, have been registered.
This condition shall constitute part of the Regional Municipality of Waterloo's approval of
draft conditions and as such, consent applications shall not be required for the
establishment of such maintenance or eave encroachment easements.
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58.
REPORTS ADOPTED BY COUNCIL
To construct 1.5 metre concrete sidewalks along both sides of all the streets in the plan of
subdivision, to the satisfaction of the City's General Manager of Public Works.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
8. Cont'd
59.
That 0.3 metre reserves may be required to facilitate the staging of the plan and all 0.3
metre reserves shall be shown on the final plans for registration and shall be conveyed at
no cost and free of encumbrance to the City as required. The City shall be responsible for
the passing of a by-law opening said reserves as "public highway" following the registration
of subsequent stages of the plan and the completion and acceptance of the road works, to
the satisfaction of the City's General Manager of Public Works.
60.
That public walkways Blocks 10 and 11 (Stage 3), Block 21 (Stage 4), Blocks 22 & 23
(Stage 5) and Block 3 (Stage 6) be dedicated to the City through the registration of each
relevant stage of the plan of subdivision.
61.
The Subdivider agrees that the conveyance of Block 91 (Stage 2) of this Plan of
Subdivision, being 2.2 hectares in size, together with Block 48 (Stage 2) of Plan of
Subdivision 30T-88033 (totalling 2.378 hectares of land) and a cash in lieu contribution for
0.11 hectares of land, shall satisfy the 5% parkland dedication requirement of 1.639
hectares for the entire plan of subdivision including the Stage 1 lands now under
Registered Plan 1796 and the parkland dedication requirement for previous Plans of
Subdivision by this Subdivider as outlined in the Parkland Deferral Agreement registered
on title under Instrument Number 1032429.
62.
The Subdivider agrees to install to the satisfaction of the City's General Manager of Parks
and Recreation a boundary identification system along the lot lines which abut Blocks 91
and 92, (Stage 2) prior to occupancy of Block 88 (Stage 2). The Subdivider further agrees
to include a statement advising of the marking system requirement in all Offers to Purchase
and Agreements of Purchase and Sale for the Lots and Blocks affected by this Section.
63.
The Subdivider agrees 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,
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 any 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, and inspected by the City and
the Subdivider has received a written authorization from the City's General Manager
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 its 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 prior to applying for or having
issued any building permits for those lots or blocks 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 having street
frontage greater than 13.7 metres, proposed buildings that are located deeper on
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the lot than approved on the detailed vegetation plan and/or on which the revised
grading will have an adverse effect on the detailed vegetation plan.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
8. Cont'd
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 Subdivider's Environmental 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 "Guide for Plan Appraisal" of the International Society of Aboriculture, 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 City's Manager of Design, Heritage and Environment and shall be satisfactorily
implemented prior to occupancy of the units or, due to weather conditions, by the
next planting season.
64.
The Subdivider agrees 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 Stages 2 and 5 of the Subdivision Plan. The Subdivider shall present a letter
to the City's General Manager 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 particular stage 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 of the right-of-way resulting form construction of the subdivision.
65.
The Subdivider agrees to obtain from the Grand River Conservation Authority, a Fill,
Construction and Alteration to Waterways Permit under Ontario Regulation 149 of R.R.O.
1990 as amended by Ontario Regulation 69/93. Such permit shall be obtained, prior to any
on-site grading, the installation of services or prior to the City's release of each stage of the
Subdivision Plan for registration purposes if required by the Grand River Conservation
Authority.
66.
The Subdivider agrees that all construction traffic to and from Stage 2 be directed to
Victoria Street via Westforest Trail and all construction traffic to and from Stages 3, 4, 5 and
6 be directed to Highland Road West or Victoria Street South via Westforest Trail. The
Subdivider agrees to advise all relevant contractors, builders and other persons of the
requirement, with the Subdivider being responsible for any signage, if required, all to the
satisfaction of the City's Director of Traffic and Parking Services.
67.
The Subdivider acknowledges that the development of the Plan of Subdivision may
proceed in six (6) stages in the follow order of sequence:
a)
the registration and development of Stage 3 must occur after the registration of
Stage 2;
b)
the registration and development of Stage 4 must occur after the registration of
Stage 3;
c) the registration and development of Stage 5 may occur consecutive with or
subsequent to Stage 4;
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d)
REPORTS ADOPTED BY COUNCIL
the registration and development of Stage 6 may occur
subsequent to the registration of Stage 5.
consecutive with or
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
8. Cont'd
68.
To design and construct a walkway/emergency access on Block 23 (Stage 5) and Block 3
(Stage 6) to the satisfaction of the General Manager of Public Works prior to the issuance
of any building permits in each relevant stage.
69.
That a plan showing driveway locations for all lots shall be approved by the City's Manager
of Community Planning and Development Review in consultation with the General Manager
of Public Works prior to the installation of services within the plan of subdivision.
70.
To convey to the City of Kitchener the following lands for the purposes stated therein, at no
cost and free of encumbrance, concurrently with the registration of Stage 2 of the
subdivision plan:
a) Block 91, for park purposes;
b) Block 92, for open space;
c) Blocks 93 and 94, for storm water management purposes;
71 .a)
The Subdivider agrees to make arrangements with Ontario Hydro for the conveyance to the
City of that portion of Westforest Trail crossing from Ontario Hydro to the City at no cost
and free of encumbrance (save for the Ontario Hydro Transmission Easement) prior to the
registration of Stage 2. Further, prior to the issuance of any building permits for Stage 2,
that portion of the road crossing the Ontario Hydro Corridor shall be opened by By-law as
public highway. The Subdivider agrees to design and fully service this portion of
Westforest Trail to the satisfaction of the City's General Manager of Public Works as part of
the overall servicing requirements of this Agreement in Stage 2.
b)
The Subdivider agrees to make provision to the satisfaction of the City's General Manager
of Public Works for the extension of the public walkway link between Block 22 (Stage 5)
and Victoria Street South through the Ontario Hydro Corridor lands, including the
conveyance of any necessary lands to the City. The Subdivider shall arrange for the
conveyance of the walk link extension from Ontario Hydro to the City at no cost and free of
encumbrance (save for the Ontario Hydro Transmission Easement) prior to the registration
of Stage 5.
72.
To convey Blocks 89 and 90 (Stage 2) to the City, without cost and free of encumbrance,
for temporary road purposes until such time as Hollyridge Crescent and Hidden Creek
Drive have been constructed and accepted by the City in Stage 3. Said temporary road
shall be designed and constructed to the satisfaction of the General Manager of Public
Works prior to the issuance of any building permits in Stage 2. At such time as the
temporary road is no longer required it shall be removed to the satisfaction of the General
Manger of Public Works and the City acknowledges that, at that time, Blocks 89 and 90 will
be surplus to its needs and will reconvey Blocks 89 and 90 to the subdivider without cost.
That no building permits be issued for Blocks 89 and 90 (Stage 2) until such time as the
temporary road is removed to the satisfaction of the City's General Manager of Public
Works.
73.
To convey Blocks 8 and 9 (Stage 3) to the City, without cost and free of encumbrance, for
temporary road purposes until such time as Hollyridge Crescent and Hidden Creek Drive
have been constructed and accepted by the City in Stage 4. Said temporary road shall be
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designed and constructed to the satisfaction of the General Manager of Public Works prior
to the issuance of any building permits in Stage 3. At such time as the temporary road is no
longer required it shall be removed to the satisfaction of the General Manger of Public
Works and the City acknowledges that, at that time, Blocks 8 and 9 will be surplus to its
needs and will reconvey Blocks 8 and 9 to the subdivider without cost.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
8. Cont'd
That no building permits be issued for Blocks 8 and 9 (Stage 3) until such time as the
temporary road is removed to the satisfaction of the City's General Manager of Public
Works.
74.
To convey Lot 16 (Stage 4) to the City, without cost and free of encumbrance, for temporary
turning circle purposes until such time as Hidden Creek Drive has been constructed and
accepted by the City in Stage 5. Said temporary turning circle shall be designed and
constructed to the satisfaction of the General Manager of Public Works prior to the
issuance of any building permits in Stage 4. At such time as the temporary turning circle is
no longer required it shall be removed to the satisfaction of the General Manger of Public
Works and the City acknowledges that, at that time, Lot 16 will be surplus to its needs and
will reconvey Lot 16 to the subdivider without cost.
That no building permits be issued for Lot 16 (Stage 4) until such time as the temporary
turning circle is removed to the satisfaction of the City's General Manager of Public Works.
75.
To obtain approval of plans/drawings from the City's Manager of Design, Heritage and
Environment for a planting strip located at the rear of lots 5 through 14 (Stage 4). Said
planting strip is to be developed at the Subdivider's cost in accordance with the approved
plans and 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 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.
It is the opinion of this Committee that the approval of this modification to the subdivision
plan is proper planning for the City and is in conformity with the City's approved Municipal
Plan.
That the lands within Stages 2, 3, 4, 5 and 6 of the proposed plan of Subdivision be
released from Instrument Number 1212476, being a Subdivision Agreement between the
City of Kitchener, Kitchener Wilmot Hydro and Monarch Construction Limited, pertaining to
the approval of the Stage 1 lands known as Registered Plan 1796, immediately after the
execution and registration of the agreement required in B above.
That the implementing Zoning By-law for Zone Change Application 96/41N/PB (Monarch
Construction Ltd.) not be sent to City Council until Subdivision Application 30T-90031 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 form the Regional
Municipality of Waterloo advising that the Region has no objections to the passing of the
By-law.
(As Amended)
COMMUNITY SERVICES COMMITTEE -
1. That, prior to the approval of an application for a large midway location; the proposed site location
and details of the dates and hours of operation be brought to the attention of the ward Councillor,
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to allow an opportunity to address the potential concerns of residents, and further,
That after the application is approved and before the midway is set-up, the applicant be required to
notify residents within 400 feet of the midway location that it will be operating, the dates and hours
of operation and advise what charity is being sponsored, and further,
COMMUNITY SERVICES COMMITTEE - CONT'D
1. (Cont'd)
That staff advise Council as to an appropriate definition for "large midway".
(Action deferred and referred to June 10, 1997 Finance and Administration
Committee meeting pending a staff report outlining areas of concern)
That the new facility at Williamsburg Cemetery, which contains the crematorium and meeting
place, be known as the "Williamsburg Dedication Centre in Williamsburg Cemetery".
That we approve the request of the Waterloo Public Interest Research Group for an in-kind facility
rental grant, in the amount of $258.68, for use of the City Hall Rotunda on April 16, 1997.
That no action be taken on the request of the Waterloo Region Roman Catholic Separate School
Board for an in-kind facility rental grant for use of the Grand River Complex on October 3 - 4,
1997, and further,
That the Waterloo Region Roman Catholic Separate School Board be charged for room set-up
and kitchen clean-up only, on Friday, October 3, 1997 and room set-up, kitchen clean-up and
room rental on Saturday, October 4, 1997.
That no action be taken on the request of the 822 (Tutor) Air Cadets Squadron for a cash grant in
the amount of $15,000.00 to aid with their Building Program fundraising.
That we approve the request of the Ontario Lawn Bowling Association for the Blind for a cash
grant in the amount of $1,500.00 to assist with hosting the Canadian Blind Lawn Bowls
Championships in Kitchener from August 25 - 29, 1997.
That we approve the request of "Parents for Wilson", on behalf of Wilson Avenue Public School,
for a grant in the amount of $750.00 to assist with the construction of a new creative playground
facility at Wilson Avenue Public School.
That we approve the request of the K-W Symphony Volunteer Committee for an in-kind facility
rental grant up to $1,200.00 for use of City Hall facilities, in September 1997, for "A Taste of
Waterloo County", and further,
That, in 1998, the K-W Symphony Volunteer Committee apply for their facility rental grant, for this
function, in conjunction with the K-W Symphony Orchestra grant application.
That we approve a cash grant to Crestview Public School, in the amount of $750.00, to assist with
the cost of constructing a new creative playground.
10.
That we approve a one-time, in-kind, facility rental grant, for the Cairde - Friends of Irish Culture, in
the amount of $221.00, to assist with the cost of their rental of the Victoria Park Pavilion on March
2, 1997.
11.
That we approve an in-kind grant for the Central Frederick Neighbourhood Association, in the
amount of $350.00, to cover the cost of providing picnic tables, garbage cans and recycle bins, for
their Summer Festival to be held in August 1997.
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12.
REPORTS ADOPTED BY COUNCIL
That we approve a one-time, cash grant, for the K-W Polish Tennis Association, in the amount of
$150.00, to help offset the cost of the Polish Tennis Championship in Canada, at the Chicopee Ski
Club, in August 1997.
ENVIRONMENTAL COMMITTEE -
That Councillor T. Galloway, Chair of the Environmental Committee, be authorized to write a letter
to the Ministry of the Environment and Energy requesting clarification of how citizens are to file
and document complaints respecting lawn maintenance companies whose spraying practices do
not adhere to Provincial regulatory requirements, and advise any interested citizens as to the
proper complaint procedure; and further,
That a copy of the above letter be sent to local lawn maintenance companies.
(As Amended)
FINANCE AND ADMINISTRATION COMMITTEE -
That on the basis of complaints received regarding operation in 1996, no action be taken on the
request of the Sports Cafe, 102 King Street West, for permission to operate a sidewalk patio
during the 1997 season.
That subject to the presentation of a business plan and event budget, Council endorse in principle
the Christkindlmarket event proposed for the Civic Square in December of 1997.
That subject to the following amendments, Council approve the draft Policy Resolution (April 29,
1997) with respect to a Code of Conduct for municipal employees:
a)
Replacing the heading "Employees shall refrain from the following:" with "Employees are
prohibited from the following:";
b)
Amending the first subsection under "Purchases tofirom the City" to read "No purchases
shall be made directly or indirectly by the City from any employee or spouse of an
employee.";
c)
Amending the section entitled "Insider Information" to read: "All employees are prohibited
from usinq or transmittin.q confidential or privileged information while working for the City.
Employees are specifically forbidden to use information available only to City employees to
guide personal investment, or that of any other individual, whether directly or indirectly.";
d) Amending the "Penalty" section to insert the word "shall" in place of the word "may".
4. That the following interpretive resolution be enacted:
"The provision that 'no purchases shall be made directly or indirectly by the City from any
employee, spouse of the employee...', as set out in Section 170.12.1 of the City's Municipal
Code, as amended, and the City's Code of Conduct dated June 3, 1997 shall be interpreted
to exclude circumstances where a purchase made by the City is from:
a) a person who/which employs the spouse of the City employee; or
b)
a public corporation in which the City employee and his/her spouse together hold or
control less than 10% of its shares.
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REPORTS ADOPTED BY COUNCIL
Nor shall this provision apply to a spouse in circumstances where the formal written
quotation or public tender process is utilized."
(As Amended)
That Council adopt the amended Policy Resolution 11-44 (Elections) dated May 20, 1997 which
reflects that Federal election legislation has reduced the number of consecutive hours for voting
from 4 to 3.
FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D)
That consideration of the Job Evaluation report of J. Gazzola dated May 15, 1997 be deferred and
referred to a future meeting of Finance and Administration Committee pending receipt of additional
information concerning the specifics of recent salary increases, when these applied, whether or
not the incumbents immediately went to the top of the scale within the new job grade range and
whether retroactive salary payments were involved as outlined in e-mails from G. Sosnoski dated
May 28 and 30, 1997; and further,
That staff obtain outside legal advice concerning the
renegotiation of the current Job Evaluation System.
City's position with
respect to any
(As Amended)
PUBLIC WORKS AND TRANSPORTATION COMMITTEE -
That the City of Kitchener waive its normal procedure for the selection of consultants and retain
Dillon Consulting Limited to perform design, inspection and contract administration for the
reconstruction of Cameron Street from Weber Street to Troy Street, subject to negotiating terms
and conditions satisfactory to the General Manager of Public Works, and further,
That the Interim Chief Administrative Officer be authorized to execute the tender contracts, and
further,
That, subject to the receipt of all necessary approvals, the funding for this project be provided from
the Canada/Ontario Infrastructure Works Program.
That the City of Kitchener in co-operation with the Waterloo Regional Police Service (WRPS) and
their volunteer group 'COPs' (Citizens on Patrol) implement a Speed Advisory Program, and
further,
That two (2) speed advisory units be purchased with funds from the Capital Contingency Account,
Index Code 345314, at a cost of $3,000.00 per unit.
That the second phase of the formal process for the temporary closure of Doon Village Road at
Doon South Drive be initiated including:
a) the preparation of a reference plan ($1,000);
b) the preparation of a by-law for first and second reading of Council;
c)
the required advertising of the proposed closure in the K-W Record for four consecutive
weeks ($1,200);
d)
the placement of signs at both entrances to the Heritage District on Doon Village Road
advising users of the facility of the proposed closure;
e)
the scheduling of a Public Meeting in conjunction with Council's regularly scheduled
Committee of the Whole meeting on Monday, September 25, 1997, and further,
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That $5,000.00 be provided from the Capital Contingency Account - Index Code 345314 to
accommodate the temporary closure.
That the City of Kitchener waive its normal procedure for the selection of consultants and retain
Paragon Engineering Limited as our Engineering Consultant to undertake an environmental
assessment for determining the preferred method of providing a sanitary sewage facility for the
Bridgeport North Community.
That the City of Kitchener waive its normal procedure for the selection of consultants and retain
Paragon Engineering Limited as our engineering consultant to undertake the design and contract
administration for the Pioneer Tower West Sanitary Sewage Pumping Station, Forcemain and
Watermain river crossing.
PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D)
That the City of Kitchener apply for an allocation of $2,400,000.00 under the Canada/ Ontario
Infrastructure Works Program, and further,
That the reconstruction of Cameron Street between Weber Street and Samuel Street be
established as the Number 1 Priority for the use of funds received through this program.
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COMMITTEE OF THE WHOLE
BY-LAWS AS LISTED ON THE AGENDA - 2ND READING -
It was resolved:
"That the by-laws considered by this Committee be taken as read a second time and be
recommended for enactment."
REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER -
1. Licenses
It was resolved:
"That the City of Kitchener has no objection to a Provincial licence being issued to the
Rotary Club of Kitchener-Conestoga to conduct a series of "Early Bird" draws, in the City
of Kitchener with the draws to be held at the Club's office at 451 Ottawa Street South,
Kitchener, in conjunction with a "Dream Home" Raffle Lottery during the period of
September 20, 1997 through to January 31, 1998."
-and-
"That the Kitchener Oktoberfest Lions Club be granted permission to operate a
refreshment stand, in front of the Zehrs at Frederick Street Mall, Kitchener, on June 6, 7
and 8, 1997, provided that the necessary Licence and Health and Fire approvals are
obtained."
-and-
"That Citizens Concerned with Crime against Children be granted permission to operate a
refreshment stand in front of the Zehrs, Highway Market, on the following dates:
July 18 & 19, 1997 &
August 15 & 16, 1997,
provided that the necessary Licence and Health and Fire approvals are obtained."
-and-
"That the Chandler-Mowat Neighbourhood Association be granted permission to operate
a refreshment stand and garage sale, outdoors, at the Chandler-Mowat Community
Centre, 222 Chandler Drive, Kitchener, on June 21, 1997, provided that the necessary
Licence and Police, Health and Fire approvals are obtained and that the nominal fee of
$1.00 be applicable."
-and-
"That the Kitchener-Waterloo Community Spirit Lions Club, 202 Pinedale Drive,
Kitchener, Ontario, N2E 1K3, be granted permission to operate a refreshment stand at
Business Depot, 150 Gateway Park, Kitchener on June 7, 1997, provided that the
necessary Licence and Health and Fire approvals are obtained and further, that the
nominal fee of $1.00 be applicable."
-and-
"That M & M Meat Shops be granted permission to operate a refreshment stand at the
following locations, provided that the necessary Licence and Health and Fire approvals for
each are obtained:
Civic Square (Kitchener City Hall) on Friday, June 13,1997
421 Greenbrook Drive, Kitchener on Saturday, June 14, 1997
2880 King Street East, Kitchener on Saturday, June 14, 1997."
-and-
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COMMITTEE OF THE WHOLE
B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
1. Licenses (Cont'd)
"That Ms. Monica Balm be granted a Massagist licence for the year 1997, and further,
That Ms. Claudia McAIlister be granted a Massagist licence for the year 1997, and further,
That Ms. Natalie Anne Parsons be granted a Massagist licence for the year 1997."
-and-
"That the Manager of Licensing be authorized to issue an Ice Cream Vehicle Driver's
Licence to Marie Edna Ruth McCarey, as per her application dated May 7, 1997; and
further,
That the Manager of Licensing be authorized to issue a Transient Trader's Licence to
Ludmilla Bercuk, as per her application dated March 13, 1997; and further,
That the Manager of Licensing be authorized to issue Massagist's Licences to Heather
Burton and Carrie Lynne Palmer, as per their applications dated May 20 & May 2, 1997,
respectively; and further,
That No Action be taken on the request of Jason Patrick Landry and Thomas James
Williamson for Ice Cream Vehicle Driver's Licences as per their applications dated May 5
& May 14, 1997, respectively."
2. Encroachment Aqreement
It was resolved:
"That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the
registered owner(s) of Lot 95, Registered Plan 578, known as 24 Pinnacle Drive, to
legalize the existing roofed porch as it encroaches 2.4 feet, more or less, into the Pinnacle
Drive road allowance."
3. Appointments - Grand River Hospital Board of Trustees
Councillor G. Lorentz expressed concern that he is not familiar with Claire Forster who is
recommended for appointment to the Hospital Board of Trustees, and noted that there is no
background provided concerning this individual. He suggested that consideration of the
appointment be deferred for one month pending receipt of additional background information.
Councillor M. Yantzi pointed out that the date for expiry of this appointment should read June
30 and not June 31. Councillor T. Galloway suggested that Council should take more of an
interest in its appointments to the Hospital Board, adding that Ms. Forster is presently on the
Board, but that it was his understanding she was not seeking re-appointment. Councillor
Galloway also noted that Council is responsible for appointing its own representative to the
Board, and suggested that the recommendation with regard to his own appointment is
redundant. Mr. R.W. Pritchard referred to a letter from the Grand River Hospital dated April
22, 1997 which provides some background information.
It was resolved:
"That consideration of the appointment of Claire Forster to the Grand River Hospital
Board of Trustees be deferred and referred to the June 10, 1997 Finance and
Administration Committee meeting; and further
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REPORTS ADOPTED BY COUNCIL
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COMMITTEE OF THE WHOLE
B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
3. Appointments - Grand River Hospital Board of Trustees (Cont'd)
That at that time, discussion also take place as to whether it is the City's wish to accept
appointment recommendations from the Board of Trustees or to publicly advertise for
such positions."
4. Application for First Reqistration - STANLEY PARK WARD
It was resolved:
"That the Mayor and Clerk be authorized to execute a Consent and Waiver of Notice and
draft reference plan to expedite an application for first registration under the Land Titles
Act by Hallman Rosedale Limited respecting the lands shown as Parts 1 and 2 on the
draft reference plan."
5. Minutes of Settlement
It was resolved:
"That the Mayor and Clerk be authorized to sign the "Minutes of Settlement" relating to the
assessment appeal for 294 Chandler Drive, Kitchener, launched by Headway
Corporation/CMHC and settled by the Regional Assessment Commissioner for Region
#21 and Derbyshire Consultants Limited (Derbyshire), agents for the owners."
-and-
"That the Mayor and Clerk be authorized to sign the "Minutes of Settlement" relating to the
assessment appeal for 1020 Ottawa Street North, Kitchener, launched by the Canadian
Imperial Bank of Commerce/CIBC Development Corporation (CIBC) and settled by the
Regional Assessment Commissioner for Region #21 and solicitors for CIBC."
6. Release
It was resolved:
"That the Mayor and Clerk be authorized to sign a Release relating to settlement of an
outstanding invoice issued by Wood Bay Consulting Group Limited with respect to
services provided in the development of the Rosenberg Park Lawnbowling Facility."
7. Tenders
Dealt with under Delegations.
8. Current Value Assessment
It was resolved:
"WHEREAS the Province of Ontario has indicated that it is desirous of implementing
current value assessment for all real property in the Province of Ontario,
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AND WHEREAS the Province has indicated that January 1, 1998 is the implementation
date,
AND WHEREAS the local municipalities are desirous of assessment reform,
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B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
8. Current Value Assessment
AND WHEREAS the local municipalities have concerns with regard to the quality of the
assessment product in light of the Provincial implementation schedule,
BE IT THEREFORE RESOLVED that the Council of the Corporation of the City of
Kitchener petition the Province of Ontario to delay implementation of current value
assessment until January 1, 1999,
AND FURTHER that a copy of this resolution be circulated to the Association of
Municipalities of Ontario, the Association of Municipal Clerks and Treasurers, the
Association of Tax Collectors of Ontario and the Large Urban Mayors Caucus of Ontario."
9. Doq Desiqnation Appeal Decisions
Dealt with under Delegations.
10. Performance Aqreements - City Hall
Council was in receipt this date of correspondence from L. Pasternak, Associate Solicitor,
dated June 2, 1997 recommending that the Mayor and Clerk be authorized to execute four
agreements.
Councillor M. Wagner expressed concern that the text of these agreements was made
available to Council just prior to tonight's meeting and that in his view this is insufficient time to
review the material. Councillor B. Vrbanovic questioned why it is necessary at all for Council
to approve such agreements, and Councillor Ziegler pointed out that the agreements are
standard contracts for Iow risk activities. Councillor T. Galloway suggested that this function
should be delegated to staff, and Councillor Vrbanovic suggested the delegation of this
authority for performance contracts up to $1,000 in value. Mr. J. Shivas advised that he would
like to consider this matter and offer advice, and Mr. J. Gazzola advised that staff will prepare
a report in this regard.
It was resolved:
"That the Mayor and Clerk be authorized to execute agreements engaging performers for
the following, upcoming events taking place at City Hall, namely:
(a) Sunny Side of the Street event on Sunday, June 15, 1997
(b) Gospel event on Thursday, July 10, 1997;
(c) Salsa event on Thursday, July 17, 1997; and
(d) Celtic Mix event on Thursday, July 24, 1997."
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REPORTS ADOPTED BY COUNCIL
11. Encroachment Aqreement - Slices Restaurant (300 Kinq Street West)
Council was in receipt this date of correspondence from L. MacDonald, Assistant City
Solicitor, dated May 30, 1997 recommending execution of an encroachment agreement.
It was resolved:
"That the Mayor and Clerk be authorized to execute an Encroachment Agreement
satisfactory to the City Solicitor with the owners of Slices Restaurant to operate a hotdog
cart in front of the Restaurant located at 300 King Street West for the 1997 season."
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COMMITTEE OF THE WHOLE
B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
12. Quit Claim Deed - 63 Mclntyre Place
Council was in receipt this date of correspondence from J. Shivas, City Solicitor, dated June 3,
1997 advising that a building has been constructed on the subject property in substantial
accord with the restrictive covenants, and recommending execution of a Quit Claim Deed.
It was resolved:
"That the City confirm that as of June 3, 1997 the property described as Part 27 on
Reference Plan 58R-5917 and municipally known as 63 Mclntyre Place complied with the
restrictions set out in the Schedule to Instrument No. 1013556; and further,
That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all rights
of the City contained in paragraphs 2.(a),2.(b),2.(c) and 2.(d) of Schedule 'A' to Instrument
No. 1013556 respecting Part 27 on Reference Plan 58R-5668 and municipally known as
63 Mclntyre Drive, Kitchener."