HomeMy WebLinkAboutCouncil Minutes - 1997-07-07COUNCIL\1997-07-07
J U LY 7, 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 the Trinity United Church Quartet under the
direction of Rhonda Kran.
Councillor M. Wagner thanked the Choir and their leader for their rendition of the National Anthem.
On motion by Councillor M. Wagner, the minutes of the regular meeting held on June 16, 1997, and
special meeting held on June 23, 1997, as mailed to the members, were accepted.
Moved by Councillor B. Vrbanovic
Seconded by Councillor Jake Smola
"That Karen Taylor-Harrison be appointed as Councillor for Centre Ward to fill the vacancy
recently created by the resignation of Karen Redman."
Carried Unanimously.
Mr. R.W. Pritchard administered the Declaration of Office and Oath of Allegiance to Ms. Karen Taylor-
Harrison. Mayor R. Christy then welcomed Councillor Taylor-Harrison to Council, presented her with a
City of Kitchener pin and escorted her to her Council seat.
COMMUNICATIONS - N I L
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 T97-75, Highway 401 Neon "Kitchener" Sign, be awarded to Pride Signs Limited,
Cambridge, at their tendered price of $58,574.25, plus G.S.T."
- and -
"That proposal P97-136, Building Controls - Bramm Street, be awarded to Sutherland Schultz Inc.,
Kitchener, at their proposed price of $45,900., plus G.S.T."
- and -
"That tender T97-76, Closed Circuit TV Inspection of Gravity Sewers, be awarded to Great Lakes
Pipe Services Inc., Kitchener, at their tendered price of $158,777.30, including all applicable taxes,
subject to a three-day trial period."
- and -
"That tender T97-67, Highway Coarse Salt, be awarded to Sifto Canada Inc., Mississauga, at their
tendered price of $942,592.14, all taxes included."
- and -
"That tender T97-68, Kitchener Fire Station #4, be awarded to Tambro Construction Ltd., Guelph,
at their tendered price of $1,104,200., including all applicable taxes."
- and -
"That Expression of Interest E97-60, Consultant Services - Williamsburg Cemetery - Chapel and
Crematorium Complex Site Development, be awarded to Hilton Foster Limited, Waterloo, at an
upset fee of $24,500., plus G.S.T."
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Councillor J. Ziegler questioned why Tender T 97-75 (Highway 401 Neon "Kitchener" Sign) is not being
recommended for awarding to the lowest tender, and Mr. L. Gordon replied that the Iow bidder did not
include a component from a specific supplier. Councillor Jake Smola questioned why Tender T 97-76
(Closed Circuit T.V. Inspection of Gravity Sewers) is subject to a three-day trial period, and Mr. Gordon
replied that though the City has been satisfied with work done in the past, this project is much larger and it
is important to ensure there are two crews and that the quality and type of work is adequate. He added
that if the City is dissatisfied after the trial period, staff will recommend the next lowest bidder. With
regard to Tender T 97-75, Councillor Galloway asked whether the sign company could include a time and
temperature clock, and Mr. Gordon replied that these will be treated as separate quotations, and that
awarding this portion of the contract to Pride Signs does not require that they supply these additional
items.
Councillor M. Wagner requested a report on the City's use of highway coarse salt in view of the recent
installation of computerized salt regulators. Mr. Gordon replied that staff used a five-year usage average
in calculating the required amount of salt, and that more conclusive information will be available at the
end of this season as a result of using the computerized equipment for one whole year. Councillor B.
Vrbanovic enquired as to the date construction of Fire Station No.4 would commence, and Fire Chief J.
Hancock advised that once the contract is approved, the site can be prepared, but he is not sure of the
exact date. Councillor Vrbanovic advised that the neighbourhood association has expressed an interest
in participating in the ground breaking ceremony, and asked that he be advised when this would take
place so that he can make appropriate arrangements with the neighbourhood association. Councillor
Vrbanovic also enquired whether the late start on construction would delay other projects, and Fire Chief
Hancock replied in the negative.
Councillor C. Weylie enquired why Tender T 97-75 with respect to the highway sign was being funded
from the Downtown Improvement Account, and Mr. Gordon advised that he was unsure but would obtain
this information. Councillor T. Galloway questioned why the amount for construction of Fire Station No.4
is $200,000 over the projected cost, and expressed concern that this may be the case with construction of
the remaining three Fire Halls. He asked whether the capital projections are incorrect in all cases, and
Mr. J. Gazzola replied that the budget was prepared before the land for Station No.4 was purchased, after
which the City became aware that this parcel would require additional development costs. He added that
there may be increased costs for other Fire Hall construction and that it may be necessary to adjust
priorities accordingly. Councillor Galloway expressed concern over the reference to adjusting priorities
on the basis that this may negatively impact other community based projects. Councillor Jake Smola
referred to the City's previous experience with the tender for Fire Station No.6 and questioned whether
the criteria for selecting a contractor had been modified, as there had been significant delays in
construction. Mr. L. Gordon responded that the tender for Fire Station No.4 was by a pre-qualification
process which resulted in ten qualified contractors, all of which were capable of performing the work. He
added that references were checked with regard to the recommended contractor.
The motion moved by Councillor J. Ziegler, seconded by Councillor M. Yantzi, to adopt the tenders on the
Committee of the Whole agenda of this date was then voted on and Carried.
Mr. J. Gazzola introduced the City's Residential Alarm Monitoring System "Direct to Fire" which is the
subject of Request for Proposal 97-38 listed as clause 11 on the Committee of the Whole agenda of this
date. Mr. Gazzola noted that the City previously introduced computerized dispatch at the Kitchener Fire
Department, with this service being provided to the City of Waterloo approximately one year ago. He
advised that the next step is to install alarms in individual residences to ensure a fast and safe response.
Mr. Gazzola expressed confidence that Kitchener will be the first City to have this process fully
operational and is hopeful this can be accomplished by late October or early November of this year. He
suggested that fire alarm monitoring provides opportunities for other automated community
improvements, and thanked the multi-departmental team which brought the project to this successful
stage of completion.
Fire Chief J. Hancock then spoke to his report dated July 7, 1997 concerning residential alarm monitoring
and requested Council's approval of the pilot project outlined in Request for Proposal P97-38. Fire Chief
Hancock suggested that this system would significantly reduce response time and introduced the
members of the EMIT Committee established to deal with issues relating to residential alarm monitoring.
Fire Chief Hancock also referred to the significant assistance received to date from the private sector and
from Wilfrid Laurier University and referred to representatives of Bell Mobility, Electronic Surveillance
Corporation (ESC) and the Economical Mutual Insurance Company who were in attendance this date.
Mr. John Coish, Fire Prevention Officer, then gave a presentation explaining how the residential alarm
monitoring system works and how it relates to the current method of response. He pointed out that a
JULY 7, 1997
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CITY OF KITCHENER
smoke alarm would sound and a signal would be automatically sent to the Fire Department allowing them
to respond more quickly with less smoke and property damage. Mr. Coish also suggested that the
system would indirectly offset some fire location costs. He also referred to other services which could be
added to the alarm monitoring system such as gas detection, medical emergency reporting, automatic
gas meter reading, water leak detection and Iow temperature warnings.
Fire Chief J. Hancock then reviewed the recommendation and the staff report. Councillor G. Lorentz
questioned where the proposed pilot project would operate, and Fire Chief Hancock advised that a public
open house would be scheduled where people could volunteer the use of their homes. He added that the
Fire Department may hand select certain areas or locations throughout the City to ensure that all aspects
of the system are properly tested. Councillor T. Galloway pointed out that the residential alarm
monitoring idea originated with the City of Kitchener, and in particular with Fire Chief Hancock, and
questioned the degree of financial participation from private companies, particularly insurance
companies. Fire Chief Hancock replied that this has not been extensively pursued as it is important to
prove that the system will work before seeking such contributions. Mr. J. Gazzola replied that he has
looked at cost projections which show the system will pay for itself; however, the number of years to
payback have not been determined at this time. Councillor Galloway commented that 150 residences for
each of the two pilot projects does not seem like a large sample and questioned the number of alarms
anticipated in a six to seven month period. Fire Chief Hancock replied that the Fire Department would
trigger some alarms in order to test the system, but most of these will be on a planned and scheduled
basis. Councillor Galloway enquired as to the timeframe for adding the other services referred to earlier,
and Mr. Coish advised that some of these will be added during the course of the pilot project. Councillor
C. Weylie congratulated the Fire Chief on his initiative in this area and indicated her expectation that the
Fire Department would choose a variety of housing types. Fire Chief Hancock assured Councillor Weylie
that the aim of the project is to use a representative sample reflecting both community demographics and
the variety of housing types. In response to further question, he advised that the Economical Insurance
Company has pledged a 10% premium reduction for homes installing the alarm system, and $10,000 to
the City in cash toward the cost of the pilot project.
Councillor J. Ziegler extended his thanks to Fire Chief Hancock and questioned who will own the system
and if any aspects can be patented in the hope of recovering City contributions. Fire Chief Hancock
replied that the telecommunications component in the home would be owned by the City and it may be
possible to consider a royalty approach, possibly with ESC or Bell Mobility. Councillor Ziegler asked that
the Fire Department work with the Legal Department to protect those aspects of the system which the City
has created, and that if necessary this be done through formal agreements. Mr. J. Gazzola assured
Council that Legal staff have been involved in the project since its inception and will address this area.
Councillor M. Wagner praised the initiative of City staff and pointed out that many homes presently have
security systems and questioned whether these could complement the City's alarm monitoring system.
Fire Chief Hancock replied that this may be possible, with the City becoming limited providers in this
regard. Councillor Wagner also asked staff to investigate any possible link to the development industry to
encourage installation of the alarm monitoring system in new homes. Fire Chief Hancock replied that he
has received confirmation from some builders who are prepared to install the system in new homes.
Councillor B. Vrbanovic questioned whether staff have approached K-W Hydro to determine their
willingness to participate. Fire Chief Hancock replied that he had spoken with Hydro officials, but that
they are exploring their own option using existing infrastructure; however, he noted that they agreed to
consider the City's option in future. Councillor Vrbanovic also suggested installing the alarms in
commercial sites which have experienced frequent fires, and Fire Chief Hancock responded that staff are
considering this possibility. Councillor Jake Smola enquired as to the cost per month to the homeowner
for installation of the alarm system and Fire Chief Hancock replied that the total cost would likely be
between $7 and $9 per month.
Moved by Councillor G. Lorentz
Seconded by Councillor J. Ziegler
"That Council authorize funding to conduct two independent pilot projects, with respect to
residential alarm monitoring beginning in September of 1997 and continuing to April of 1998, as
follows:
A pilot to be conducted utilizing the technologies supplied by each of the following
companies: Electronic Surveillance Corporation (ESC); Bell Mobility
Each pilot to include 150 residences within the City of Kitchener
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Total cost for both pilots not to exceed $250,000 to be financed as follows:
· water meter reading upgrade capital account - $50,000
· gas meter reading upgrade capital account - $50,000
· capital contingency - $150,000; and,
That Council authorize the Mayor and City Clerk to sign any agreements required to deploy the
residential alarm monitoring pilot projects, to the satisfaction of the City Solicitor; and further,
That a final report and recommendation be prepared by the EMIT Committee (a committee
established to deal with issues surrounding residential alarm monitoring) outlining the results of
the pilots, to be presented to Council following completion of the pilot projects in April of 1998."
Carried.
Councillor T. Galloway advised that Mr. Ron Pinke, President of the Lions Club of Kitchener, who was
registered as a delegation this date, is unable to attend, and has indicated he will present a $25,000
cheque to Mr. J. Gazzola tomorrow representing a further installment on the Club's $200,000 commitment
with respect to construction of the City Hall reflecting pool/skating rink.
Ms. Jennifer Lynn, Lynn Communications Inc., appeared and advised Council of an upcoming event
referred to as "Kaleidoscope: Kitchener Festival of the Arts" which will be held on July 25 and 26, 1997.
Ms. Lynn explained the event as 18 hours of presentations representing all arts disciplines, noting that
the headlining event will be an outdoor concert under the stars by the K-W Symphony Orchestra.
Mr. Ron Brown, a representative of the K-W Symphony and a member of the Kaleidoscope Organizing
Committee outlined the Symphony Under the Stars event, noting that it is the first such concert he can
recall in Kitchener. He noted that the concert will be free-of-charge and invited community members to
attend. Mr. Brown suggested to Council that the Kaleidoscope event has the potential of becoming a
significant, permanent summer festival.
Council then dealt with Clause #9 of the Committee of the Whole agenda of this date with respect to the
Kaleidoscope Festival.
Moved by Councillor M. Wagner
Seconded by Councillor G. Lorentz
"That the Mayor and Clerk be authorized to execute an Agreement dated June 11, 1997, between
the Kitchener-Waterloo Symphony Orchestra Association Inc. and the City of Kitchener on behalf
of the Kaleidoscope: Kitchener Festival of the Arts to provide a performance on July 25, 1997 and
July 26, 1997 at a cost of $15,000."
Carried.
Pamela Johns registered as a delegation this date concerning the maintenance and condition of
properties at 122-132 Wellington Street North and 350-356 Duke Street West, but was not in attendance.
Ms. L. Pasternak advised that she had spoken with Ms. Johns last week and that the properties in
question have been sent to the Property Standards Appeal Committee for consideration and deadlines in
this regard are approaching. Mayor R. Christy asked Ms. Pasternak to inform Council of the deadlines
pertaining to the subject properties.
Mr. Chad Krulicki, operator of the Korova Cafe, Ms. Sandra Watt, Program Manager - Lutherwood, and
Ms. Patti Disano, a representative of the Federal Government in respect to the Youth Service Canada
Program, were all in attendance concerning a project proposal involving the Korova Cafe, premises
owned by the City of Kitchener. In this regard, an executive summary entitled "Youth Service Canada"
was circulated this date.
Mr. Chad Krulicki outlined a proposed project which would build on the existing employment and youth
services offered in the community by providing a forum for young people to showcase their talents, and
an opportunity to heighten community awareness of the wealth of youth talent in Kitchener-Waterloo.
Ms. Sandra Watt outlined a project whereby 15 young people in the community who have a demonstrated
interest in and commitment to artistic and cultural development would form a working team to plan and
develop a means of heightening the profile of young, local artists. This team would plan and host events
in areas of the visual arts, fashion and design, music, literacy and drama and will be responsible for all
JULY 7, 1997
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aspects of planning, promotion and implementation. Ms. Watt stressed that this project would provide an
opportunity for 15 unemployed youth, with each having their own job description and responsibilities. She
explained that the Korova Cafe would be transformed into a job training location for youth, and asked the
City of Kitchener for their assistance.
Mr. Chad Krulicki asked for Council's support of the project and for financial assistance to retrofit the
Korova Cafe at a total cost of $39,174, exclusive of paint and taxes. Mr. Krulicki advised that the Korova
has raised approximately $1,400 of this amount to date, and suggested the City's contribution could be
contingent upon receiving Federal funding.
Councillor T. Galloway asked whether Federal assistance would be contingent upon City financing and
Ms. Disano replied in the negative. Councillor B. Vrbanovic asked whether the renovations are
necessary, and questioned why office space could not be provided at Kitchener City Hall. Mr. Krulicki
advised that this option had been considered and discarded as not a lot of students come to City Hall,
and the Korova staff would prefer a location which they would be comfortable in and could treat as their
own. Councillor Vrbanovic referred to the empty space recently created by the relocation of the
Information Services Division, and alternately suggested the use of a construction trailer or a School
Board portable. Mr. Krulicki replied that alternatives had been considered; however, it was felt the Korova
has to be the strong hub of this initiative. He pointed out that the improvements made to the building will
remain in future and that these will improve its general appearance to reflect that of an established
business.
Ms. Sandra Watt pointed out that the idea of the project is to create a place for youth to gather and that
the office space costs themselves will be paid for by the Federal government. She advised that she
hopes to begin the project the first week in September.
Councillor T. Galloway questioned to what degree the renovations proposed are necessary for this
project and Mr. Krulicki advised that a place is needed to hold workshops. In response to a further
question, Mr. Krulicki advised that he does not need a response to the request of Council for a month or
two. Councillor M. Wagner suggested that the matter be turned over to Facilities Management staff to
evaluate the proposed renovations and that a decision in this regard should be postponed for one
month's time. Councillor M. Yantzi advised that providing office space is only one aspect of the project
and that a second component relates to making the building more energy efficient, which City staff have
commented on in the past. He asked that Council consider some form of approval this date.
Councillor M. Yantzi moved, and Councillor Karen Taylor-Harrison seconded, a motion to approve the
request of Chad Krulicki on behalf of the Korova Cafe for financial assistance in an amount not to exceed
$39,000 to be used toward the renovations outlined in the Youth Service Canada Executive Summary
submitted to Council on July 7, 1997. The motion further stipulated that the City's Purchasing Division
must be involved in the process and that City funding is conditional upon the project receiving a Federal
grant.
Councillor B. Vrbanovic advised that he inclines toward deferral of this item and questioned the prudence
of committing this sum of money without the development of significant partnerships. He suggested that
staff review the matter and that the Korova come forward with a list of sponsors/partners to share
renovation costs. Councillor J. Ziegler suggested an interim
accommodation for seminar presentations, with work toward ultimately developing the Korova Cafe as
outlined.
Councillor M. Yantzi then amended his earlier motion with respect to a grant for the Korova Cafe and the
following was then voted on, as amended.
Moved by Councillor M. Yantzi
Seconded by Councillor Karen Taylor-Harrison
"That Council approve, in principle, funding to a maximum of $39,000 for renovations to the
Korova Cafe in conjunction with the Youth Employment Project presented by Chad Krulicki on July
7, 1997; and further,
That the above be conditional upon receipt of a grant from the Federal government, and subject to
a staff report and further review by Council on July 10, 1997."
Carried.
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Moved by Councillor M. Yantzi
Seconded by Councillor J. Ziegler
"That the report of the Planning and Economic Development Committee of Council of this date be
adopted."
Council agreed to the request of Councillor M. Yantzi to withdraw clause #8 of the report of this date, as it
was previously ratified at a special Council meeting held on June 23, 1997.
Councillor T. Galloway noted that clause #4 grants an exemption to emergency access guidelines, and
Mr. Brock Stanley confirmed that staff will treat this as an exemption to the policy. Councillor Galloway
further suggested that the recommendation should reflect that the emergency access issue has been
resolved. Councillor Galloway further noted that clause #9 does not reflect related property standards
issues, and pointed out that Jade-Bay Developments Inc. has given assurances in this regard. He noted
that staff are to follow up with the developer in order to deal with the site plan and property standards
issues and also asked for their co-operation in ensuring that there is liaison activity between the
developer and the neighbourhood. Mr. Stanley agreed to follow up as requested and noted that
Condition #2 does require a 100% Letter of Credit.
The Committee report was then voted on and Carried.
Moved by Councillor G. Lorentz
Seconded by Councillor T. Galloway
"That the report of the Community Services Committee of this date be adopted."
Councillor J. Ziegler asked that clause #6 be amended to reflect that the cost of the skateboard park is to
be within the $200,000 budget. Concern was expressed by Councillor T. Galloway as to possible delays
in the project's completion if the budget limitation is applied as suggested. Councillor Ziegler responded
that staff could advise Council if this occurs and Mr. T. Clancy indicated that he felt the project could be
completed within budget, and in this regard he plans to bring forward a report to the Community Services
Committee on August 11, 1997.
Moved by Councillor J. Ziegler
Seconded by Councillor G. Lorentz
"That clause #6 of the Community Services Committee report of this date be amended to reflect
that the skateboard park will be constructed within the approved budget of $200,000."
Carried.
Council agreed to requests from Councillor G. Lorentz to amend clause #1 specifying the accounts to be
debited, and clause #4 approving a budget over-expenditure to implement the trail bike enforcement
program. They also agreed to a request from Councillor B. Vrbanovic to amend clause #7 to reflect that
funding for the Youth Summer Drop-In Program will be in the form of an over-expenditure of the approved
budget.
Councillor Jake Smola expressed concern over clause #2 to approve the hiring of Fire Department staff
and various staffing reorganizations including the reduction of four firefighters positions through attrition.
Fire Chief J. Hancock advised that these measures will have exhausted the Fire Department staff
reduction options and that it is his hope there will be no further reductions. Councillor Jake Smola
suggested that this resolution is contrary to a previous Council resolution and should not be implemented
until the outcome of the arbitration hearings is known. Councillor Smola suggested, but Council did not
agree to, the amending of clause #2 to indicate approval in principle subject to the outcome of arbitration
hearings.
The Community Services Committee report was then voted on clause by clause.
Clauses 1,4, 6 & 7 - Carried, as amended.
Balance of Report - Carried.
Moved by Councillor J. Ziegler
Seconded by Councillor Jake Smola
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CITY OF KITCI:IENER
"That the report of the Finance and Administration Committee of this date be adopted."
Carried.
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 T. Galloway referred to clause #4 dealing with installation of a pedestrian refuge island on
River Road at Hickson Drive and expressed concern that a precedent would be set for the City incurring
costs relative to improvements on Regional roads. He pointed out that the Region of Waterloo has paid
for such work in the past and that the motion should be changed to request the Region to install the
refuge island at its expense. Councillor John Smola pointed out that this type of work is classed as
sidewalk improvements rather than road improvements, and Mr. E. Kovacs verified that this was his
understanding, and that as a result staff have not sought funding from the Region. Councillor Galloway
pointed out that the island on Erb Street, as well as the one on Homer Watson Boulevard at Pioneer
Drive, were both constructed at Regional expense. Councillor John Smola suggested that the project
could go ahead, with staff approaching the Region to request reimbursement at a later date. Councillor
Jake Smola suggested that the matter be deferred to the next Council meeting subject to Regional
consideration of a request for funding. Mr. Kovacs advised that he would prefer to forward the request to
Regional staff first.
Council agreed to amend clause #4 to reflect that the City would front-end fund construction of the works,
and later request reimbursement from the Region.
The report of the Public Works and Transportation Committee was then voted on clause by clause.
Clauses #4 - Carried, as amended.
Balance of report- Carried.
Mr. D. Paterson, Director of Human Resources, and Mr. D. Heubach, Manager of Safety, were in
attendance to answer any questions with respect to clause #14 of the Committee of the Whole agenda of
this date dealing with a Workers' Compensation Self Insurance Proposal.
Ms. P. Houston explained that under the proposed Self Insurance Plan, the City would pay only self-claim
costs and that in order to move to self insuring, must cover an unfunded liability of approximately $1.8
million. Ms. Houston then reviewed the staff recommendation.
Councillor John Smola referred to the letter from the Workers' Compensation Board specifying that if the
City transfers from Schedule 1 to Schedule 2 coverage, permission from the Board will be required before
the City could revert to Schedule 1. Councillor Smola also pointed out that the City could have been on
Schedule 2 in 1993/94 and questioned the rationale for the move at this time. Ms. P. Houston replied that
at that time there was no protection for high loss claims. Councillor John Smola expressed concern that
the Board may not allow the City to return to Schedule 1 as this would be the second time a shift has
been requested between Schedule 1 and Schedule 2. Mr. J. Gazzola advised that based on projections,
the City will be substantially ahead by shifting to Schedule 2, and although there is a risk involved, it is felt
the change will be to the benefit of the municipality. He also expressed concern over remaining with the
Workmen's Compensation Board under the current arrangement given the Board's large unfunded
liability.
Councillor B. Vrbanovic put forward a motion, seconded by Councillor J. Ziegler, to adopt clause #14 of
the Committee of the Whole agenda of this date. Councillor Vrbanovic subsequently amended the
motion with respect to the hiring of a full-time Workers' Compensation Program Administrator to reflect
approval in principle with the final hiring decision to rest with Council after it has been determined whether
this could be handled internally.
The following motion was then voted on, as amended.
Moved by Councillor B. Vrbanovic
Seconded by Councillor J. Ziegler
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"That the City of Kitchener transfer from Schedule 1 to Schedule 2 for Workers' Compensation
Board coverage, effective January 1, 1996 with the special assessment of $1,882,048 to be
financed internally at an interest rate of 8%; and,
That a new reserve fund for Worker's Compensation be created to fund all Worker's
Compensation related costs; and,
That stop loss insurance coverage for claims in excess of $250,000, as well as accidental death
and dismemberment insurance to a maximum of $250,000 per claim, be purchased; and,
That approval be given, in principle, to hire a full-time Workers' Compensation Program
Administrator, to be financed from the Workers' Compensation Reserve Fund with Council to give
final hiring approval, only after it has been determined whether this function can be performed
internally using existing staff resources; and further,
That approval be given for the Canadian Actuarial and Consulting Group Inc. fee of $10,000 for
the related analysis and recommendations."
Carried.
Mr. Sandi Reddy was in attendance concerning operation of a refreshment vehicle at 1201 Victoria Street
North. In this regard, Council was in receipt of a report from J. Koppeser dated July 2, 1997
recommending that a licence be issued conditional upon proper completion of an application and full
payment of all outstanding licensing fees with respect to Mr. Reddy's two other business locations.
Councillor J. Ziegler put forward a motion, seconded by Councillor John Smola, to adopt the staff
recommendation.
Councillor Jake Smola pointed out that the issue at hand came to light when a chip wagon was located at
1201 Victoria Street North without the proper application or approvals. He advised that Deputy
Fire Chief Kuntz had informed him that the presence of gas fumes in the area of Rothsay Drive raised
safety concerns. Councillor Smola advised that he subsequently learned there was no licence
application for this location, and that the owner of the Harvey's franchise on Victoria Street had
complained to him concerning the proliferation of hotdog carts and chip wagons along Victoria Street.
Councillor Jake Smola questioned why the City would allow an additional chip wagon on Victoria Street
and referred to the business taxes paid by permanent food vending locations.
Councillor Jake Smola asked that staff report on the provision of set fines for non-compliance with City
licensing policy and procedures, and appropriate separation distances from permanent food vending
locations, as well as, the amount of the licence fees currently charged for hotdog carts and chip wagons
with a view to possibly increasing these. Finally, Councillor Jake Smola asked that all of Mr. Reddy's
license applications be referred to Council, and in the case of the Victoria Street location, the entire issue
be deferred to the August Council meeting pending further staff input. Councillor J. Ziegler advised that
he would not accept the suggestions of Councillor Jake Smola as friendly amendments, and pointed out
that Mr. Reddy's other business locations are assessed directly by Regional Assessment. He also
pointed out that the owner of 1201 Victoria Street North also pays municipal taxes, and that allowing Mr.
Reddy to operate a chip wagon at this location, permits him to recoup a portion of the tax cost while the
site is vacant. Councillor Jake Smola responded that Mr. Reddy is operating illegally at all of his
locations, and again requested consideration of this issue at the August Council meeting.
Mr. S. Reddy advised that all his applications have been submitted and all necessary approvals obtained
with the exception of the Fire Department. He advised that he has waited seven days for this approval,
and that Fire staff have not inspected on either of the previously arranged dates. Mr. Reddy
acknowledged that non-payment of the licensing fees is his fault. Councillor B. Vrbanovic pointed out to
Mr. Reddy that a new licence is required every year, and questioned why it took an additional location to
compel Mr. Reddy to pay the other licence fees. Mr. Reddy explained that he has expanded his business
from one to three trucks and that this has increased his workload; also, after being informed by Licensing
of problems with the site, the Victoria Street location was not opened until the Fire Department advised
there was no danger. Councillor Jake Smola reiterated that as of this date, an application has not been
filed for the Victoria Street location, and as a consequence this location is operating without a licence. He
also advised that concerns were raised over possible contamination of the Victoria Street site early on in
this process. He pointed out that Council has a licensing process which has not been followed by this
applicant, and argued that a set fine would be appropriate in instances such as these, as it is labour
intensive for City staff to pursue illegal operations through the Courts.
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Councillor J. Ziegler amended his previous motion to indicate that staff are to refer the entire matter back
to the August 11, 1997 Finance and Administration Committee meeting if Licensing has not received all
applications and fees owing by that date. Council then voted on the motion, as amended.
Moved by Councillor J. Ziegler
Seconded by Councillor John Smola
"That City Council authorize the issuance of a licence permitting the owner of Rosie's Fries to
operate a refreshment vehicle at 1201 Victoria Street North subject to the following conditions:
That, before such licence is issued, the owner be required to submit:
(a)
a completed Business Licence application including full payment of the required
licence fee for the refreshment vehicle presently operating at 1201 Victoria Street
North; and
(b)
completed business licence applications including full payment of the required
licence fees for the refreshment vehicles presently operating at Manitou Drive at
Bleams Road and Hayward Avenue at Courtland Avenue; and
That, before commencing business at any location in 1998, the owner be required to submit
completed business licence applications including full payment of the licence fees for all
locations; and further,
That in the event the owner has not submitted the appropriate licence application(s) and
paid all fees owing prior to August 11, 1997, that this matter be referred to the Finance and
Administration Committee meeting of that date for further consideration."
Council B. Vrbanovic advised that he could not support the motion as the licensing requirements have not
been followed, and this is not the first time the owner has been in this situation. He reminded Council that
last year, Mr. Reddy operated for five months without a licence, and is now operating illegally at least two
locations. He advised that he is not prepared to, in effect, endorse bad behaviour. Councillor J. Ziegler
replied that Councillor Vrbanovic's comments were unfair, noting that last year Mr. Reddy was assessed
by the Province and paid his licence fees. He agreed that a further staff report is required, but conditional
approval of Mr. Reddy's licences should not be delayed in this regard.
The motion by Councillor J. Ziegler, seconded by Councillor John Smola to conditionally approve the
issuance of a refreshment vehicle licence at 1201 Victoria Street North was then voted on and Carried,
as amended.
Councillor G. Lorentz referred to the ongoing issue of sump pump connections, noting that there are
presently 35 people on the hookup list and the current budget is almost depleted. He expressed
confidence that this problem would eventually be solved and asked for consideration of further budget
funding.
Councillor G. Lorentz put forward a motion, seconded by Councillor B. Vrbanovic, to place an additional
$50,000 in a special fund with respect to the installation of storm drain connections for sump pumps, with
this amount to be transferred from the Capital Contingency.
Mr. J. Gazzola advised that there are no funds in the Capital Contingency, and suggested that this item
be dealt with as an overexpenditure of the existing fund. Councillor G. Lorentz amended his motion to
reflect the suggestion of Mr. Gazzola. Council then voted on the following motion, as amended.
Moved by Councillor G. Lorentz
Seconded by Councillor B. Vrbanovic
"That Council approve a maximum overexpenditure of $50,000 with respect to the special fund
established in 1996 to provide for the installation of storm drain connections for sump pumps."
Carried.
Moved by Councillor J. Ziegler
Seconded by Councillor M. Yantzi
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"That the Corporation of the City of Kitchener remove the provision for payout of Sick Leave banks
upon termination for non-union management/management support staff hired on or after the 7th
day of July, 1997 and that the Sick Leave By-law be amended accordingly."
Councillor J. Ziegler advised that the above direction will bring the City into line with other area
municipalities, and will require staff to negotiate similar provisions when Union contracts are renewed in
1998/99.
The motion to selectively eliminate Sick Leave payouts was then voted on and Carried.
Councillor T. Galloway referred to electronic correspondence recently sent to Members of Council with
respect to the Grand River Hospital Corporation Board of Directors. He explained to Council the two
methods of appointing its representatives to the Board, noting that a replacement is still required for
Claire Forster. Councillor Galloway pointed out that the City of Waterloo has chosen to advertise for its
vacancies rather than await Nomination Committee recommendations, and he suggested that Kitchener
staff be directed to do the same. Councillor Galloway argued that these appointments should be opened
to the community and that staff should begin advertising for applications to fill the vacancy of Ms. Forster,
whose term expired June 30, 1997.
Councillor T. Galloway then explained the purpose and process for appointing Term Trustees to the
Board noting that this came about as a result of the merger between the K-W Hospital and the Freeport
Hospital. He advised that up to seven Term Trustees are appointed and this is currently done exclusively
by the Board of Directors. He noted that at present there is a dispute as to whether selecting Term
Trustees in this manner is proper and that the Regional Solicitor feels the Board has not been given
authority by the municipalities to make these appointments. He suggested that the Board has not
intentionally subverted this process; however, it is incumbent on Kitchener Council to include its own
Legal staff as a party to these discussions. Councillor Galloway stated that his position would be that
Kitchener should take as much control as possible over Board appointments, including those of Term
Trustees. Mr. J. Shivas acknowledged that he has had some discussion to date in this regard, and Mayor
R. Christy asked that this continue.
Moved by Councillor T. Galloway
Seconded by Councillor C. Weylie
"That the City Clerk advertise in the local newspaper requesting applications from the public to fill
the current vacancy with respect to a Kitchener appointee on the Grand River Hospital Corporation
Board of Directors."
Councillor Jake Smola suggested that the motion be amended to include the request that Kitchener's
current lay representatives on the Board meet with Council in the near future. Mayor R. Christy
suggested that it was unnecessary to amend the motion as he would treat this suggestion as direction to
the Mayor.
The previous motion by Councillor T. Galloway, seconded by Councillor C. Weylie, to advertise for
applicants to fill the current Hospital Board vacancy, was voted on and Carried.
Councillor B. Vrbanovic referred to the maintenance of Provincial highways, noting that this has not been
properly done to date. He expressed concern as to the impression this creates for visitors entering the
City, noting that if any other property in the municipality is not maintained, the City normally takes action.
Moved by Councillor B. Vrbanovic
Seconded by Councillor M. Wagner
"That the Mayor write to the Minister of Transportation and local Members of Provincial Parliament
outlining the City's displeasure with the current condition of the lands adjacent to local Provincial
highways and requesting that a general garbage clean up and grass cutting occur with respect to
these highways; and further,
That in the event this does not occur, staff be directed to investigate action with respect to the
City's Property Standards By-law."
Carried.
Councillor G. Lorentz pointed out that a Kitchener vacancy exists on the St. Mary's Hospital
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Board as a result of the resignation of Councillor Karen Redman.
Moved by Councillor G. Lorentz
Seconded by Councillor T. Galloway
"That Councillor B. Vrbanovic fill the vacancy on the St. Mary's Hospital Board of Directors
resulting from the recent resignation of Karen Redman."
Carried.
Councillor G. Lorentz reminded Council and members of the public that the World Horseshoe
Championship will be held at the Kitchener Memorial Auditorium July 14-27, 1997 and that this is the first
time the event has been held outside of the United States.
Council agreed to the request of Mr. R.W. Pritchard that the following by-laws listed on the agenda for
three readings this date be removed: item 9(h), a by-law to exempt certain lots from Part Lot Control
(Beechcroft Place) at the request of Planning and Development Department staff; and, item 9(j), a by-law
to enforce the provisions of Chapter 650 of the Municipal Code (56 Mansion Street), as Legal Department
staff have advised that the problem has been resolved.
Moved by Councillor C. Weylie
Seconded by Councillor M. Yantzi
"That leave be given the Mover and Seconder to introduce the following by-laws, namely:
(a)
Being a by-law to close part of the public highway known as Doon Village Road for a period
of one year
5. (Cont'd)
(b)
To further amend By-law No.88-170, being a by-law to prohibit unauthorized parking of
motor vehicles on private property
(c)
To further amend By-law No.88-171, being a by-law to designate private roadways as fire
routes and to prohibit parking thereon
(d)
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
(e)
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
(f)
Being a by-law to amend Chapter 560 of The City of Kitchener Municipal Code regarding
Massagists and Body-Rub Parlours
(g)
Being a by-law to amend Chapter 683 of The City of Kitchener Municipal Code regarding
Site Plan Control
(h)
Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener - Gerald Donnelly - Greenfield Avenue - #96/19/G/PMB
(i) To confirm all actions and proceedings of the Council
and that the same be taken as read a first time and stand referred to the Committee of the Whole."
Carried.
On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor
R. Christy appointed Councillor M. Wagner as Chair.
On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair.
Moved by Councillor M. Wagner
Seconded by Councillor Jake Smola
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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."
Moved by Councillor C. Weylie
Seconded by Councillor M. Yantzi
"That the by-laws listed on the agenda for third reading, namely:
(a)
(b)
(c)
(Cont'd)
(d)
(e)
(f)
(g)
(h)
Carried.
Being a by-law to close and sell part of Howe Drive in the City of Kitchener
(By-law No. 97-105)
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. 97-106)
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. 97-107)
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. 97-108)
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. 97-109)
Being a by-law to amend Chapter 560 of The City of Kitchener Municipal Code regarding
Massagists and Body-Rub Parlours
(By-law No. 97-110)
Being a by-law to amend Chapter 683 of The City of Kitchener Municipal Code regarding
Site Plan Control
(By-law No. 97-111 )
Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener - Gerald Donnelly - Greenfield Avenue - #96/19/G/PMB
(By-law No.97-112)
(i) To confirm all actions and proceedings of the Council
(By-law No. 97-113)
be taken as read a third time, be finally passed and numbered serially by the Clerk."
Carried.
On motion, the meeting adjourned.
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MAYOR CLERK
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE -
That City Council approve the family of lighting fixtures and hardware as shown on Schedule A,
attached to staff report PD 97/64, for the downtown as recommended by the Lighting Design Study
Consultants and Study Team.
That a blanket extension, with regard to Clause 2(b) of the original Offer to Purchase, be granted
to July 1, 1998 to the following purchasers of land which have not constructed buildings to date:
Site 84A
Site 95
Site 113
Site 114
Pork Chop Site
Berkshire Building Corporation
Joe Sukola, KSK Framing
Leenan Property Management
Leenan Property Management
Berkshire Building Corporation
and further;
That the City repurchase at 80% of the original purchase price, being $110,200.00, from Matt
Strgar and Mario Tomac, Site 109 comprised of 1.16 acres and being composed of Part 4 on
Reference Plan 58R-5840, which was originally purchased at $95,000.00 per acre in 1989.
1)
That Council adopt the application form and guidelines for the Downtown Financial
Incentives presented in the attached package;
2)
That 1997 funding in the amount of $100,000 be allocated from the Downtown
Improvement Capital Fund for projects receiving Rehabilitation and Redevelopment Tax
Rebates, Grants in Lieu of Building Permit Fees and Feasibility Study Grants, and that
consideration be given to establishing a separate reserve fund for Downtown Financial
Incentives in the 1998 Capital Forecast;
3)
That the Finance Department set up a monitoring program to demonstrate the net financial
benefits created through increased assessment and subsequent property taxes as a
consequence of buildings constructed, renovated or converted using the package of
financial incentives;
4)
That the Legal Department determine the need for agreements related to the
implementation and administration of the financial incentives; and
5)
That Council approve the Targeted Downtown Adaptive Reuse Sites listed in Appendix B,
attached to staff report PD 97/62, as those properties qualifying for funding through
Feasibility Study Grants.
That the request of Chalon Estates/Carmel Church, proposing the development of a single-access
street having a length of 430m without an emergency access, be supported as direction to staff
relative to further processing of Subdivision Draft Plan 30T-92009.
5. A.
That Zone Change Application ZC 95/09/O/JW (773424 Ontario Limited) requesting a
change in zoning from Agricultural Zone (A-l) to Residential Three Zone (R-3) with special
use provision 238U and special regulation 268R, Residential Four Zone (R-4), Public Park
Zone (P-l), Open Space zone (P-2) and Hazard Land Zone (P-3), according to By-law 85-
1, on Part of Lots 54 and 118, German Company Tract, be approved in the form shown in
the attached Proposed By-law dated May 22, 1997, subject to the
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
5. Cont'd
conditions contained in recommendation (B) below.
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REPORTS ADOPTED BY COUNCIL
It is the opinion of this Committee that approval of this application is proper planning for the City
and is in conformity with the City's Municipal Plan.
That Subdivision Application 30T-95020 (773424 Ontario Limited) 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 the following special conditions shall 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 May 22, 1997 providing that 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 and prior to registration 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 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 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 Regional Municipality of Waterloo and the
Grand River Conservation Authority, a detailed engineering design for storm water
management in accordance with the Idlewood Creek Master Drainage 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.
54.
That in addition to the standard servicing requirements and responsibilities outlined in this
Agreement, the Subdivider agrees to pay to the City its fair share of the actual cost of the
sanitary sewer outlet on Daimler Drive between Old Chicopee Drive and Old Chicopee
Trail, and its fair share of the actual cost of the Ottawa Street Trunk Sanitary Sewer, as
determined by and to the satisfaction of the City's General Manager of Public Works, prior
to the registration of the Subdivision Plan.
55.
The Subdivider acknowledges that the "sanitary sewage facilities" for the subject lands and
adjacent lands within Plans 30T-95021 (Wm. J. Gies Construction Limited) and 30T-95022
(810066 Ontario Limited/H. Teich), which shall mean the sanitary pumping station, force
main and related appurtenances, are not included in the City's Development Charges By-
law and that if it wishes to proceed before the City's Development Charges By-law has
been amended to include these works, the cost of the sanitary sewage facilities shall be at
the sole cost of the Subdivider and there shall be no consideration of any credit from
Development Charges payable at the time of plan registration or building permit issuance.
In the event that City Council, or the Ontario Municipal Board if required, approves
amendments to the City's Development Charges By-law to include the costs of the sanitary
sewage facilities for the subject lands and adjacent lands as eligible growth items, and if
sufficient money is not allocated from the City's Development Charge
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
5. Cont'd
Account to permit the City to fund said facilities, and the Subdivider wishes to proceed
ahead of such allocation, the Subdivider agrees to be responsible for up-fronting the costs
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56.
57.
58.
59.
60.
61.
REPORTS ADOPTED BY COUNCIL
related to these services. In this regard, the City will be responsible for 100% of the cost of
the sanitary sewage facilities.
Accordingly, the City hereby agrees to recognize any money paid by the Subdivider for any
work or services which would normally be assessed against City's Development Charge
reserve, with such monies representing a credit towards any City Development Charge
required for development within each lot or block. The offset will be made by the City only
as a credit with respect to monies required to be paid for Development Charges for
development within the plan. Said offsets shall be charged initially against that portion of
the applicable Development Charge with respect to Engineering Services required to be
paid prior to the City's release of the Plan of Subdivision for registration. Any remaining
offset will be credited against that portion of the applicable Development Charges which is
required to be paid at the time of issuance of building permits. In this regard, the
Subdivider shall provide to the City, a list of those lots or blocks to which credit will be
assigned and the Subdivider shall enter into a Supplementary Agreement with the City
outlining the aforementioned, with the offset to be registered against title of each specified
lot or block, prior to the registration of the plan.
Upon the total of the offset reaching the amount of monies properly paid by the Subdivider
for the specified work, then the Development Charges will be paid in the normal manner in
accordance with the City's By-law in that regard.
The Subdivider acknowledges that prior to the issuance of any building permits for Lots 12
to 58 inclusive in this Plan, Old Chicopee Drive shall be constructed from Daimler Drive to
River Road and open to vehicular traffic to the satisfaction of the City's General Manager of
Public Works.
The City acknowledges that it will be responsible for 100% of the costs of the extension of
Old Chicopee Drive, of which 50% have been identified as capital works and 50% as
development charge expenditures. This road project has been included in the City's
Capital Budget for 1997. However, if construction does not proceed in 1997 and City
Council reschedules the timing of this project to a future year, or if sufficient money is not
allocated from the City's Development Charge Account to permit the City to fund said
project, and the Subdivider wishes to proceed ahead of such Development Charge
allocation, the Subdivider agrees to be responsible for up-fronting the costs related to this
project in accordance with the process set out in Clause 55, and the City will continue to be
responsible for the 50% capital share.
To undertake a traffic analysis to the satisfaction of the General Manager of Public Works,
prior to any construction being commenced for Old Chicopee Drive and prior to registration
of the Plan, to determine whether traffic signals are warranted at the proposed intersection
of River Road and Old Chicopee Drive.
To construct 1.5 metre concrete sidewalks along both sides of Veronica Drive from the
easterly limit of Lots 12 and 48 to the southerly limit of Lots 32 and 33, to the satisfaction of
the City's General Manager of Public Works.
That Block 63 shall be dedicated to the City as public highway by plan registration for the
widening of Old Chicopee Trail.
To convey to the City of Kitchener the following lands for the purposes stated therein, at no
cost and free of encumbrance, concurrently with registration of the subdivision plan:
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
5. Cont'd
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REPORTS ADOPTED BY COUNCIL
a) Block 59 for storm water management purposes;
b) Block 60 for park purposes;
c) Block 61 for open space/hazard lands; and
d) Block 62 for a 0.3 metre reserve.
62.
That the conveyance of Block 60 shall satisfy the 5% parkland dedication requirement of
0.372 hectares for the entire plan of subdivision.
63.
To fill, compact and grade in both a preliminary and finished form, topsoil and seed/sod
Block 60 to the satisfaction of the General Manager of Parks and Recreation. All works
required of the Subdivider by this Section shall be completed in conjunction with the timing
of grading of surrounding residential development not to exceed two years from the
registration of the subdivision plan or at any alternate time approved in writing by the
General Manager of Parks and Recreation.
64.
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 59 and 60, prior to
occupancy of dwellings on Lots 6 to 8 inclusive and 18 to 22 inclusive. 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 affected by this
Section.
65.
That in consideration of the wooded character of the subdivision lands and the City's desire
to minimize the impact of development on treed areas worth retaining, the Subdivider
agrees to comply with the following process in the development of the subdivision in
accordance with the City's approved Tree Management Policy:
a)
prior to the City releasing 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
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.
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
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
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5. Cont'd
66.
67.
68.
69.
REPORTS ADOPTED BY COUNCIL
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
Arboriculture, latest edition. Tree replacements are to be located on the same lot or
block as the tree requiring removal or to a location within the subdivision requiring
enhancement. Furthermore, such remedial measures or tree replacements shall be
approved by the 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.
a)
To submit a landscape plan showing the regenerative planting proposed along Old
Chicopee Trail to enhance the scenic value of the road, for approval of the City's
Manager of Design, Heritage and Environment in consultation with the City's
General Manager of Public Works and Director of Traffic Services prior to the City's
release of the plan for registration. The Subdivider agrees to provide a Letter of
Credit for 100% of the total cost of the regenerative planting in a form satisfactory to
the City Solicitor, and to the satisfaction of the City's Manager of Design, Heritage
and Environment, prior to the release of the plan, to be held as security for the
completion of the works required in this Section. The Subdivider agrees to
implement the landscape plan within Lots 1 to 11 inclusive, prior to the transfer of
title of such lots to the first time occupants, or in the event of winter conditions, by
June 1 immediately following such transfer of title. The Subdivider agrees to attach
the approved planting plan to all Offers to Purchase/Agreements of Purchase and
Sale;
b)
that the approved landscaping required in this section shall be maintained in a state
acceptable to the City's Manager of Design, Heritage & Environment.
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 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 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.
a)
To make arrangements with Ontario Hydro for the conveyance of land required for
the crossing of Veronica Drive 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 the Plan. The Subdivider agrees to design and fully construct and
service this portion of Veronica Drive to the satisfaction of the City's General
Manager of Public Works as part of the overall servicing requirements of this Plan.
Further, prior to the issuance of any building permits in the Plan, that portion of the
road crossing the Ontario Hydro Corridor shall be opened by by-law as public
highway.
b)
To make arrangements, on behalf of the City, with Ontario Hydro for the conveyance
of land required for the crossing of Old Chicopee Drive from Ontario Hydro to the
City at the City's cost and free of encumbrance (save for the Ontario Hydro
Transmission Easement) prior to the registration of the Plan.
To provide and install gates and bollards where Veronica Drive crosses the community trail
within the HEPC lands, and to restore the community trail to the satisfaction of the General
Manager of Parks and Recreation.
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CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
5. Cont'd
70.
That the City Solicitor shall arrange for the passing of a By-law opening Block 62 as public
highway, immediately subsequent to or concurrent with the passing of a by-law to open as
public highway that portion of Veronica Drive crossing the Ontario Hydro Corridor.
71.
The Subdivider acknowledges that the City Solicitor shall arrange for the passing of a by-
law opening the 0.3 metre reserve block in Plan 30T-95022 (810066 Ontario Limited/H.
Teach) subsequent to registration of this plan and at a timing approved by the City's
General Manager of Public Works.
72.
To provide chain link fencing having a minimum height of 1.5 metres and a landscape
screen having a minimum width of 3.0 metres along the rear of Lots 48 to 51 inclusive
abutting Veronica Drive for the purpose of screening the rear yards of said lots and
establishing a uniform streetscape for this section of Veronica Drive. Said landscape
screen is to be developed at the Subdivider's cost, in accordance with plans/drawings
approved by the City's Manager of Design, Heritage and Environment prior to registration of
the subdivision plan. Further, said fence and landscape screen 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 plan to all Offers to Purchase and
Sale of lots in which the required landscape screen has not been installed due to winter
conditions.
73.
The registration of this Plan and the subsequent issuance of building permits can only
occur consecutively with or following the registration and development of Plan 30T-95021
(Wm. J. Gies Construction Limited) and Plan 30T-95022 (810066 Ontario Limited/H.
Teach). Notwithstanding any bonding arrangements, no building permits shall be issued for
Lots 12 to 58 inclusive until Veronica Drive in Plan 30T-95021 (Wm. J. Gies Construction
Limited) and Plan 30T-95022 (810066 Ontario Limited/H. Teach) is constructed and is open
to vehicular traffic, to the satisfaction of the General Manager of Public Works.
74.
That the entire Plan of Subdivision shall be registered in one stage, but may be serviced
and developed in phases, with the extent of each phase to be shown on the servicing
drawings to the satisfaction of the General Manager of Public Works.
75.
That building permits for Lots 12 to 21 inclusive shall not be issued until dwellings on Lots 8
to 11 inclusive are substantially complete and the Subdivider has designed and
implemented measures to the satisfaction of the General Manager of Public Works to
ensure that the lower elevation lots are protected from drainage runoff and slope erosion
from abutting higher elevation lots.
76.
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 easement documents, so approved, have been registered. This condition shall
constitute part of the approval authority's draft approval and as such, consent applications
shall not be required for the establishment of such maintenance or eave encroachment
easements.
77.
That the streets names within the Plan shall be Veronica Drive and Veronica Place as
shown on the Plan of Subdivision.
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REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
5. Cont'd
78.
That construction traffic to and from that portion of the proposed subdivision development
fronting Old Chicopee Trail shall be prohibited from using Daimler Drive from Lackner
Boulevard to Old Chicopee Trail and Old Chicopee Drive from Ottawa Street to Daimler
Drive. The Subdivider agrees that construction traffic to and from the remainder of the
proposed subdivision development shall be prohibited from using Kinzie Avenue and any
part of existing Veronica Drive, and shall be restricted to accessing the subdivision from
River Road and through Plan 30T-95021 (Wm. J. Gies Construction Limited) and/or Plan
30T-95022 (810066 Ontario Limited/H. Teich). 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.
79.
To obtain from the Grand River Conservation Authority, final issuance of Fill, Construction
and Alteration to Waterways Permit No. 50/97 for all works within the Idlewood Creek
Wetland, including the extension of Old Chicopee Drive from Daimler Drive to River Road.
80.
That notwithstanding any bonding arrangements, no building permits shall be issued for
Lots 12 to 58 inclusive in this Plan until the sanitary pumping station, force main and related
appurtenances are constructed, are operational to the satisfaction of the General Manager
of Public Works, and have been accepted by the City.
81.
The Subdivider acknowledges that the City Solicitor shall arrange for the passing of a by-
law opening 0.3 metre reserve Block 39, Registered Plan 1664, subsequent to the
registration of this plan and the construction of Veronica Drive from the Ontario Hydro
corridor to said Block 39, and at a timing approved by the City's General Manager of Public
Works.
82.
The Subdivider agrees that arrangements, financial and otherwise, to the satisfaction of the
General Manager of Public Works, shall be made for the upgrading of Old Chicopee Trail
to full municipal services from Lots 7 to 11 inclusive of this Plan and service connections for
Lots 1 to 6 inclusive, with all work designed to the satisfaction of the General Manager of
Public Works prior to issuance of any building permits within this Plan. The Subdivider
shall bear all costs associated with the installation of service connections, driveway ramps,
and boulevard landscaping (including trees) to service this subdivision.
It is the opinion of this Committee that approval of this application is proper planning for the
City.
That the implementing Zoning By-law for Zone Change Application 95/09/O/JW (773424
Ontario Limited) not be presented to City Council until Subdivision Application 30T-95020
has received Regional Draft Approval whereupon the amending Zoning By-law shall be
presented to Council for all three readings. Alternatively, three readings of the amending
Zoning By-law may be given if the City Clerk is presented with a letter from the Regional
Municipality of Waterloo advising that the Region has no objections to the passing of the
By-law.
That condition 55 be reconsidered at the time of subdivision servicing in order to assess
whether the City is willing to give development charge credit for projects undertaken by the
Subdivider but not included in the Development Charge By-law.
6. A.
That Subdivision Application 30T-95021 (Wm. J. Gies Construction Limited) be
recommended to the Regional Municipality of Waterloo for draft approval subject to the
following conditions:
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REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
6. Cont'd
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 the following special conditions shall 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 June 17, 1997, providing that 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 and prior to registration 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 Parks and Recreation, the Regional
Municipality of Waterloo, Ontario Hydro and the Grand River Conservation Authority.
53.
a) That prior to any grading or construction on the site or registration 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 Regional Municipality of Waterloo
and the Grand River Conservation Authority, a detailed engineering design for storm water
management in accordance with the Idlewood Creek Master Drainage 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.
b) The storm water management facility to be constructed on Block 47 shall serve this
subdivision and Plan 30T-95022 (810066 Ontario Limited/H. Teich). Engineering design
and construction costs will be shared on a contributing volume basis by each owner.
Construction costs shall be based on the actual tendered cost of implementing the
approved final design. Land costs shall be based on market value as agreed to between
the two parties. In the event that there is a dispute regarding the market value of the land,
the City's Land Purchasing Officer shall determine fair market value.
c) In order to facilitate the ultimate development and sharing of expenses of the storm
water management facility, the Subdivider agrees to submit a Letter of Credit to the City
Solicitor for its fair share of the cost of the storm water management facility, to the
satisfaction of the City's General Manager of Public Works prior to the commencement of
any servicing within this plan. At such time as the storm water management facility has
been constructed and accepted by the City's General Manager of Public Works, the City
agrees to release the Letter of Credit to the Subdivider.
54.
That in addition to the standard servicing requirements and responsibilities outlined in this
Agreement, the Subdivider agrees to pay to the City its fair share of the actual cost of the
sanitary sewer outlet on Daimler Drive between Old Chicopee Drive and Old Chicopee
Trail, and its fair share of the actual cost of the Ottawa Street Trunk Sanitary Sewer, as
determined by and to the satisfaction of the City's General Manager of Public Works, prior
to the registration of the Subdivision Plan.
55.
The Subdivider acknowledges that the "sanitary sewage facilities" for the subject lands and
adjacent lands within Plans 30T-95020 (773424 Ontario Ltd./R. Sutherland) and 30T-95022
(810066 Ontario Limited/H. Teich), which shall mean the sanitary pumping station, force
main and related appurtenances, are not included in the City's Development Charges By-
law and that if it wishes to proceed before the City's Development Charges By-law has
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been amended to include these works, the cost of the sanitary sewage facilities shall be at
the sole cost of the Subdivider and there shall be
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
6. Cont'd
no consideration of any credit from Development Charges payable at the time of plan
registration or building permit issuance.
In the event that City Council, or the Ontario Municipal Board if required, approves
amendments to the City's Development Charges By-law to include the costs of the sanitary
sewage facilities for the subject lands and adjacent lands as eligible growth items, and if
sufficient money is not allocated from the City's Development Charge Account to permit the
City to fund said facilities, and the Subdivider wishes to proceed ahead of such allocation,
the Subdivider agrees to be responsible for up-fronting the costs related to these services.
In this regard, the City will be responsible for 100% of the cost of the sanitary sewage
facilities.
Accordingly, the City hereby agrees to recognize any money paid by the Subdivider for any
work or services which would normally be assessed against City's Development Charge
reserve, with such monies representing a credit towards any City Development Charge
required for development within each lot or block. The offset will be made by the City only
as a credit with respect to monies required to be paid for Development Charges for
development within the plan. Said offsets shall be charged initially against that portion of
the applicable Development Charge with respect to Engineering Services required to be
paid prior to the City's release of the Plan of Subdivision for registration. Any remaining
offset will be credited against that portion of the applicable Development Charges which is
required to be paid at the time of issuance of building permits. In this regard, the
Subdivider shall provide to the City, a list of those lots or blocks to which credit will be
assigned and the Subdivider shall enter into a Supplementary Agreement with the City
outlining the aforementioned, with the offset to be registered against title of each specified
lot or block, prior to the registration of the plan.
Upon the total of the offset reaching the amount of monies properly paid by the Subdivider
for the specified work, then the Development Charges will be paid in the normal manner in
accordance with the City's By-law in that regard.
56.
The Subdivider acknowledges that prior to the issuance of any building permits in this Plan,
Old Chicopee Drive shall be constructed from Daimler Drive to River Road and open to
vehicular traffic to the satisfaction of the City's General Manager of Public Works.
57.
The City acknowledges that it will be responsible for 100% of the costs of the extension of
Old Chicopee Drive, of which 50% have been identified as capital works and 50% as
development charge expenditures. This road project has been included in the City's
Capital Budget for 1997. However, if construction does not proceed in 1997 and City
Council reschedules the timing of this project to a future year, or if sufficient money is not
allocated from the City's Development Charge Account to permit the City to fund said
project, and the Subdivider wishes to proceed ahead of such Development Charge
allocation, the Subdivider agrees to be responsible for up-fronting the costs related to this
project in accordance with the process set out in Clause 55, and the City will continue to be
responsible for the 50% capital share.
58.
To undertake a traffic analysis to the satisfaction of the Region's Commissioner of
Engineering and the City's General Manager of Public Works, prior to any construction
being commenced for Old Chicopee Drive and prior to registration of the Plan, to determine
whether traffic signals are warranted at the proposed intersection of River Road and Old
Chicopee Drive.
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59.
REPORTS ADOPTED BY COUNCIL
To construct 1.5 metre concrete sidewalks to the satisfaction of the City's General Manager
of Public Works, in the following locations:
i) both sides of Veronica Drive;
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
6. Cont'd
ii) the northerly side of Bancroft Street; and
iii) the northerly side of River Road.
60.
To convey to the City of Kitchener the following lands for the purposes stated therein, at no
cost and free of encumbrance, concurrently with registration of the subdivision plan:
a) Block46 for open space/hazard lands; and
b) Block 47 for storm water management purposes.
61.
To make a cash contribution to the City of Kitchener Park Trust Fund Account in lieu of land
for park purposes and in fulfilment of the Planning Act's park dedication requirement. Said
contribution shall be equivalent to 5% of the land being subdivided, being 0.133 hectares of
land, with said value and contribution being determined as of the day before the day of draft
approval and paid immediately prior to the registration of the subdivision.
62.
That in consideration of the wooded character of portions of the subdivision lands and the
City's desire to minimize the impact of development on treed areas worth retaining, the
Subdivider agrees to comply with the following process in the development of the
subdivision in accordance with the City's approved Tree Management Policy:
a)
prior to the City releasing 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
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.
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
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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 Arboriculture, latest
edition. Tree replacements are to be located on the same
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
6. Cont'd
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.
63.
To make arrangements, on behalf of the City, with Ontario Hydro for the conveyance of
land required for the crossing of Old Chicopee Drive from Ontario Hydro to the City at the
City's cost and free of encumbrance (save for the Ontario Hydro Transmission Easement)
prior to the registration of the Plan.
64.
The registration of this Plan and the subsequent issuance of building permits can only
occur consecutively with the registration and development of Plan 30T-95022 (810066
Ontario Limited/H. Teich). Notwithstanding any bonding arrangements, no building permits
shall be issued for any lots in this Plan until Veronica Drive and Bancroft Street in Plan 30T-
95022 (810066 Ontario Limited/H. Teich) are constructed and are open to vehicular traffic,
to the satisfaction of the General Manager of Public Works.
65.
That the entire Plan of Subdivision shall be registered in one stage, but may be serviced
and developed in phases, with the extent of each phase to be shown on the servicing
drawings to the satisfaction of the General Manager of Public Works.
66.
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 easement documents, so approved, have been registered. This condition shall
constitute part of the approval authority's draft approval and as such, consent applications
shall not be required for the establishment of such maintenance or eave encroachment
easements.
67.
That the streets names within the Plan shall be Veronica Drive and Bancroft Street as
shown on the Plan of Subdivision.
68.
That construction traffic to and from the proposed subdivision development shall be
prohibited from using Kinzie Avenue and any part of existing Veronica Drive, and shall be
restricted to accessing the subdivision from River Road or the Old Chicopee Drive
extension or through Plan 30T-95022 (810066 Ontario Limited/H. Teich). 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.
69.
To obtain from the Grand River Conservation Authority, final issuance of Fill, Construction
and Alteration to Waterways Permit No. 50/97 for all works within the Idlewood Creek
Wetland, including the extension of Old Chicopee Drive from Daimler Drive to River Road.
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70.
To provide planting strips having a minimum width of 4.6 metres and a 1.8 metre high chain
link fence in the rear of any lots abutting River Road (Regional Road 56). Such planting
strips and fencing are to be developed at the Subdivider's cost in accordance with
plans/drawings to be approved by the General Manager of Planning and Development prior
to the issuance of any building permits within the subdivision plan. Further, said planting
strips and fencing shall be installed within the affected lots, prior to the transfer of title of
such lots to the first time occupants, or in the event of winter
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
6. Cont'd
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 acknowledged that the fencing of lands adjacent to a Regional road shall be subject to
the requirements of the Region. Further, if physical noise attenuation barriers are required
in accordance with Clause 50, installation of said barriers shall substitute for the planting
strip requirement.
71.
That notwithstanding any bonding arrangements, no building permits shall be issued for
any lots in this Plan until the sanitary pumping station, force main and related
appurtenances are constructed, are operational to the satisfaction of the General Manager
of Public Works, and have been accepted by the City.
72.
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 Block 47, prior to occupancy
of dwellings on affected lots. 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 affected by this Section.
73.
That no access shall be permitted from Old Chicopee Drive to Lot 1 or Lot 26. The
Subdivider agrees that this condition shall not be released from title.
74.
That the sewage pumping station to be constructed on Block 46 shall be designed and
constructed so as to be compatible with the residential character of the area.
It is the opinion of this Committee that approval of this application is proper planning for the
City.
That condition 55 be reconsidered at the time of subdivision servicing in order to assess
whether the City is willing to give development charge credit for projects undertaken by the
Subdivider but not included in the Development Charge By-law.
That Subdivision Application 30T-95022 (810066 Ontario Limited/H. Teich) 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 the following special conditions shall 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 June 17, 1997, providing that 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.
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52.
That prior to any grading or construction on site and prior to registration 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 Parks and Recreation, the Regional
Municipality of Waterloo, Ontario Hydro and the Grand River Conservation Authority.
53.
a) That prior to any grading or construction on the site or registration 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 Regional Municipality of Waterloo
and the Grand River Conservation Authority, a detailed engineering design for
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
6. Cont'd
storm water management in accordance with the Idlewood Creek Master Drainage 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.
b) The storm water management facility to be constructed in Plan 30T-95021 (Wm. J. Gies
Construction Limited) shall serve Plan 30T-95021 and this subdivision. Engineering design
and construction costs will be shared on a contributing volume basis by each owner.
Construction costs shall be based on the actual tendered cost of implementing the
approved final design. Land costs shall be based on market value as agreed to between
the two parties. In the event that there is a dispute regarding the market value of the land,
the City's Land Purchasing Officer shall determine fair market value.
c) In order to facilitate the ultimate development and sharing of expenses of the storm
water management facility, the Subdivider agrees to submit a Letter of Credit to the City
Solicitor for its fair share of the cost of the storm water management facility, to the
satisfaction of the City's General Manager of Public Works prior to the commencement of
any servicing within this plan. At such time as the storm water management facility has
been constructed and accepted by the City's General Manager of Public Works, and a
letter has been submitted to the said General Manager confirming that full payment has
been made to Wm. J Gies Construction Ltd. for the cost sharing of the storm water
management facility in accordance with b) above, the City agrees to release the Letter of
Credit to the Subdivider.
54.
That in addition to the standard servicing requirements and responsibilities outlined in this
Agreement, the Subdivider agrees to pay to the City its fair share of the actual cost of the
sanitary sewer outlet on Daimler Drive between Old Chicopee Drive and Old Chicopee
Trail, and its fair share of the actual cost of the Ottawa Street Trunk Sanitary Sewer, as
determined by and to the satisfaction of the City's General Manager of Public Works, prior
to the registration of the Subdivision Plan.
55.
The Subdivider acknowledges that the "sanitary sewage facilities" for the subject lands and
adjacent lands within Plans 30T-95020 (773424 Ontario Ltd./R. Sutherland) and 30T-95021
(Wm. J. Gies Construction Limited), which shall mean the sanitary pumping station, force
main and related appurtenances, are not included in the City's Development Charges By-
law and that if it wishes to proceed before the City's Development Charges By-law has
been amended to include these works, the cost of the sanitary sewage facilities shall be at
the sole cost of the Subdivider and there shall be no consideration of any credit from
Development Charges payable at the time of plan registration or building permit issuance.
In the event that City Council, or the Ontario Municipal Board if required, approves
amendments to the City's Development Charges By-law to include the costs of the sanitary
sewage facilities for the subject lands and adjacent lands as eligible growth items, and if
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sufficient money is not allocated from the City's Development Charge Account to permit the
City to fund said facilities, and the Subdivider wishes to proceed ahead of such allocation,
the Subdivider agrees to be responsible for up-fronting the costs related to these services.
In this regard, the City will be responsible for 100% of the cost of the sanitary sewage
facilities.
Accordingly, the City hereby agrees to recognize any money paid by the Subdivider for any
work or services which would normally be assessed against City's Development Charge
reserve, with such monies representing a credit towards any City Development Charge
required for development within each lot or block. The offset will be made by the City only
as a credit with respect to monies required to be paid for Development Charges for
development within the plan. Said offsets shall be charged initially against
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
6. Cont'd
that portion of the applicable Development Charge with respect to Engineering Services
required to be paid prior to the City's release of the Plan of Subdivision for registration. Any
remaining offset will be credited against that portion of the applicable Development
Charges which is required to be paid at the time of issuance of building permits. In this
regard, the Subdivider shall provide to the City, a list of those lots or blocks to which credit
will be assigned and the Subdivider shall enter into a Supplementary Agreement with the
City outlining the aforementioned, with the offset to be registered against title of each
specified lot or block, prior to the registration of the plan.
Upon the total of the offset reaching the amount of monies properly paid by the Subdivider
for the specified work, then the Development Charges will be paid in the normal manner in
accordance with the City's By-law in that regard.
56.
The Subdivider acknowledges that prior to the issuance of any building permits in this Plan,
Old Chicopee Drive shall be constructed from Daimler Drive to River Road and open to
vehicular traffic to the satisfaction of the City's General Manager of Public Works.
57.
The City acknowledges that it will be responsible for 100% of the costs of the extension of
Old Chicopee Drive, of which 50% have been identified as capital works and 50% as
development charge expenditures. This road project has been included in the City's
Capital Budget for 1997. However, if construction does not proceed in 1997 and City
Council reschedules the timing of this project to a future year, or if sufficient money is not
allocated from the City's Development Charge Account to permit the City to fund said
project, and the Subdivider wishes to proceed ahead of such Development Charge
allocation, the Subdivider agrees to be responsible for up-fronting the costs related to this
project in accordance with the process set out in Clause 55.
58.
To undertake a traffic analysis to the satisfaction of the Region's Commissioner of
Engineering and the City's General Manager of Public Works, prior to any construction
being commenced for Old Chicopee Drive and prior to registration of the Plan, to determine
whether traffic signals are warranted at the proposed intersection of River Road and Old
Chicopee Drive.
59.
To construct 1.5 metre concrete sidewalks to the satisfaction of the City's General Manager
of Public Works, in the following locations:
i) both sides of Veronica Drive;
ii) the easterly side of Bancroft Street; and
iii) the northerly side of River Road.
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60.
61.
REPORTS ADOPTED BY COUNCIL
To convey to the City of Kitchener the following lands for the purposes stated therein, at no
cost and free of encumbrance, concurrently with registration of the subdivision plan:
a)
b)
Block 39 for open space/hazard lands; and
Block 40 for a 0.3 metre reserve.
To make a cash contribution to the City of Kitchener Park Trust Fund Account in lieu of land
for park purposes and in fulfilment of the Planning Act's park dedication requirement. Said
contribution shall be equivalent to 5% of the land being subdivided, being 0.126 hectares of
land, with said value and contribution being determined as of the day before the day of draft
approval and paid immediately prior to the registration of the subdivision.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
6. Cont'd
62.
That in consideration of the wooded character of portions of the subdivision lands and the
City's desire to minimize the impact of development on treed areas worth retaining, the
Subdivider agrees to comply with the following process in the development of the
subdivision in accordance with the City's approved Tree Management Policy:
a)
prior to the City releasing 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
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.
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 Arboriculture, latest
edition. Tree replacements are to be located on the same lot or block as the tree
requiring removal or to a location within the subdivision requiring enhancement.
Furthermore, such remedial measures or tree replacements shall be approved by
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63.
64.
REPORTS ADOPTED BY COUNCIL
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.
To make arrangements, on behalf of the City, with Ontario Hydro for the conveyance of
land required for the crossing of Old Chicopee Drive from Ontario Hydro to the City at the
City's cost and free of encumbrance (save for the Ontario Hydro Transmission Easement)
prior to the registration of the Plan.
The registration of this Plan and the subsequent issuance of building permits can only
occur consecutively with the registration and development of Plan 30T-95021 (Wm. J. Gies
Construction Limited). Notwithstanding any bonding arrangements, no building permits
shall be issued for any lots in this Plan until Veronica Drive and Bancroft Street in Plan 30T-
95021 (Wm. J. Gies Construction Limited) are constructed and are open to vehicular traffic,
to the satisfaction of the General Manager of Public Works.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
6. Cont'd
65.
That the entire Plan of Subdivision shall be registered in one stage, but may be serviced
and developed in phases, with the extent of each phase to be shown on the servicing
drawings to the satisfaction of the General Manager of Public Works.
66.
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 easement documents, so approved, have been registered. This condition shall
constitute part of the approval authority's draft approval and as such, consent applications
shall not be required for the establishment of such maintenance or eave encroachment
easements.
67.
That the streets names within the Plan shall be Veronica Drive and Bancroft Street as
shown on the Plan of Subdivision.
68.
That construction traffic to and from the proposed subdivision development shall be
prohibited from using Kinzie Avenue and any part of existing Veronica Drive, and shall be
restricted to accessing the subdivision from River Road or through Plan 30T-95021 (Wm. J.
Gies Construction Limited). 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.
69.
To obtain from the Grand River Conservation Authority, final issuance of Fill, Construction
and Alteration to Waterways Permit No. 50/97 for all works within the Idlewood Creek
Wetland, including the extension of Old Chicopee Drive from Daimler Drive to River Road.
70.
To provide planting strips having a minimum width of 4.6 metres and a 1.8 metre high chain
link fence in the rear of any lots abutting River Road (Regional Road 56). Such planting
strips and fencing are to be developed at the Subdivider's cost in accordance with
plans/drawings to be approved by the General Manager of Planning and Development prior
to the issuance of any building permits within the subdivision plan. Further, said planting
strips and fencing shall be installed within the affected lots, prior to the transfer of title of
such lots to the first time occupants, or in the event of winter conditions, shall be installed
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71.
72.
REPORTS ADOPTED BY COUNCIL
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 acknowledged that the
fencing of lands adjacent to a Regional road shall be subject to the requirements of the
Region. Further, if physical noise attenuation barriers are required in accordance with
Clause 50, installation of said barriers shall substitute for the planting strip requirement.
That notwithstanding any bonding arrangements, no building permits shall be issued for
any lots in this Plan until the sanitary pumping station, force main and related
appurtenances are constructed, are operational to the satisfaction of the General Manager
of Public Works, and have been accepted by the City.
That notwithstanding any bonding arrangements, no building permits shall be issued for
Lots 1 to 25 inclusive and Lots 36 to 38 inclusive until the storm water management facility
in Plan 30T-95021 (Wm. J. Gies Construction Limited) is constructed to the satisfaction of
the General Manager of Public Works, and has been accepted by the City.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
6. Cont'd
73.
That the City Solicitor shall arrange for the passing of a By-law opening Block 40 as public
highway, subsequent to or concurrent with the passing of a by-law to open as public
highway that portion of Veronica Drive crossing the Ontario Hydro Corridor and subsequent
to both the registration of Plan 30T-95020 (773424 Ontario Ltd./R. Sutherland) and the
construction of Veronica Drive from its present northerly terminus to said Block 40, and at a
timing approved by the City's General Manager of Public Works.
74.
The Subdivider acknowledges that the City Solicitor shall arrange for the passing of a by-
law opening 0.3 metre reserve Block 'K', Registered Plan 1303, subsequent to the
registration of this plan and the construction of Veronica Drive from Old Chicopee Drive to
said Block 'K', and at a timing approved by the City's General Manager of Public Works.
75.
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 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 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.
76.
That if Veronica Drive in Plan 30T-95020 (773424 Ontario Ltd./R. Sutherland) and across
the Ontario Hydro corridor is not constructed at the same time as Veronica Drive in this
plan, and the Subdivider wishes to proceed in advance of construction of Veronica Drive on
said adjacent lands, the Subdivider agrees to construct a temporary turning circle to City
standards on Lots 27, 28 and 29. Said turning circle should be designed, constructed and
ultimately removed to the satisfaction of the General Manager of Public Works. At such
time as Veronica Drive is constructed on said adjacent lands the Subdivider shall remove
the turning circle. No building permits will be issued for Lot 27, 28 or 29 until the turning
circle is removed.
It is the opinion of this Committee that approval of this application is proper planning for the
City.
That condition 55 be reconsidered at the time of subdivision servicing in order to assess
whether the City is willing to give development charge credit for projects undertaken by the
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Subdivider but not included in the Development Charge By-law.
That an exemption to Council's Road Allowance Width Policy be granted in order to allow a
16 metre road allowance for Bancroft Street in Plan 30T-95021 and Plan 30%95022, as the
street functions as a "crescent" but has access to two different streets.
7. A.
That City Council interpret that the lands subject to this zone change application as being
designated "Low Rise Conservation" in the Victoria Park Neighbourhood Secondary Plan,
as included in the City's Municipal Plan.
That Zone Change Application ZC 96128/PIZJ (Dr. Frank Loy and City of Kitchener)
requesting a zone change from Open Space Zone (P-2) and Residential Five Zone (R-5) to
Residential Five Zone (R-5) and Open Space Zone (P-2) all according to By-law 85-1, on
Part of Lot 17, Registered Plan 80 be approved in the 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 Council:
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
7. Cont'd
That the owner erect a minimum 4 foot high chain link fence or alternate type of
fencing along a portion of the rear and easterly sides of his property as shown on
the attached Building Location Survey or alternatively, provide a Letter of Credit for
the fencing and its installation to the satisfaction of the General Manager of Parks
and Recreation.
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
961281PIZJ. 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 Municipal Plan.
8. 1)
2)
That City Council approve the attached Municipal Plan Amendment MP 96/7/K/CL (Jade-
Bay Developments Inc. - 4355 King Street East) being an amendment to:
a) add Special Policy 28 to Section 3.12 as follows:
28.
Notwithstanding the Service Commercial designation on lands known as 4355 King
Street East, legally described as Part of Lot 9, Beasley's Broken Front Concession,
retail shall be permitted subject to minimum floor areas for individual retail outlets
being set out in the Zoning By-law.
b) Amend Map 8 to include Special Policy 28.
It is the opinion of this Committee that approval of this Amendment to the City's Municipal
Plan is proper planning for the City.
That Zone Change Application ZC 96/25/K/CL (Jade-Bay Developments ltd,) requesting
the addition of special use provision 242 to permit retail with a minimum gross floor area, on
lands municipally addressed as 4355 King Street East and legally described as Part of Lot
9, Beasley's Broken Front Concession, be approved, in the form shown in the attached
"Proposed By-law" dated May 1, 1997.
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3)
REPORTS ADOPTED BY COUNCIL
It is the opinion of this Committee that the approval of this application is proper planning for
the City and is in conformity with a recommended Amendment (Jade-Bay Developments
Inc. - 4355 King Street East) to the City's Municipal Plan.
That By-laws related to both Municipal Plan Amendment 96/7/K/CL and Zone Change
Application ZC 96/25/K/CL (Jade-Bay Developments Inc.) not be given any readings by
City Council until the following conditions have been satisfied:
That the owner shall submit revised grading, drainage and storm water management
to be approved by the City's General Manager of Public Works and revised
landscape plans to be approved by the Manager of Design, Heritage and
Environment, both by August 1, 1997.
That all site works required by the approved plans specified in 1. above be
completed in accordance with approved plans by November 1, 1997 or alternatively,
a Letter of Credit in an amount equal to 100 percent of the cost of the works
specified by the approved plans be submitted in a form satisfactory to the City
Solicitor.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
8. Cont'd
The owner acknowledges that conditions 1. and 2. above are required to be satisfied
no later than the dates indicated therein. In the event these requirements are not
fulfilled within the time period specified, Council shall consider rescinding its
approval.
COMMUNITY SERVICES COMMITTEE -
That the City of Kitchener provide a start-up grant of $10,000.00 to the Christkindlesmarkt
Committee to assist in covering the initial costs of the construction of the vending booths and to
off-set some City in-kind costs, and further,
That the City of Kitchener cover the costs, in 1997, of the installation of a 30' Christmas Tree in
Civic Square, estimated to be $8,466.00 for tree installation and the design and creation of a
clamping system and $5,000.00 for additional hydro installation in Civic Square, which can also be
utilized for other events throughout the year, and further,
That the above be funded using $7,000.00 from the Economic Development Department
Promotional Budget and $16,466.00 from the Downtown Development Fund, and further,
That, before any expenditures are made, the Christkindlesmarkt Committee investigate the design
and cost of a built Christmas tree and report back to the Community Services Committee.
(As Amended)
That we approve of the hiring of 12 firefighters in 1998, subject to final budget approval, and
further,
That we authorize the negotiation of an Automatic Aid Agreement with the City of Waterloo, and
further,
That we approve of the immediate hiring of 2 full-time Fire Dispatchers and 2 part-time Fire
Dispatchers by reducing the Fire Department complement by 2 firefighter positions, and further,
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That we approve of the creation of 4 Shift Communications Supervisors from within the Fire
Department budget, with the terms to be negotiated with KPFFA, and further,
That we approve of the reduction of 4 firefighter positions through attrition, with the attrition to
commence at the time of the decommissioning of the Westmount fire station.
3. That we accept the steam engine being donated by the Seagram Museum, and further,
That the steam engine be placed on permanent display at Kitchener City Hall.
That we participate in funding a trail bike enforcement program with the Waterloo Regional Police
and formally request the 2 Boards of Education to participate financially, as well, and further,
That an over-expenditure of up to $10,000.00 be approved for this program.
(As Amended)
That the 2 standard forms of performer's contract, attached to the report of Ms. L. Pasternak, dated
June 23, 1997, be approved for Iow risk activities not exceeding $7,000.00 in value, and further,
That the Manager of Purchasing or his/her designate be authorized to execute, on behalf of the
City, such standard forms of performer's contract, and further,
COMMUNITY SERVICES COMMITTEE - (CONT'D)
5. (Cont'd)
That, notwithstanding the above, the Manager of Purchasing or his/her designate be authorized to
execute the "Central Ontario Musicians' Association Contract" (without Schedule 1) for
performances to take place at "Kaleidoscope: Kitchener Festival of the Arts", provided that the
contract is accompanied by a Release and Waiver protecting the City from liability.
That the skateboard park approved for the Kitchener Memorial Auditorium Complex be re-
tendered, with the intention of having the project completed in October 1997 within the approved
budget of $200,000.00.
(As Amended)
That staff consider extending, for a period of 2 weeks, the Youth Summer Drop-in program, at 2
locations, based on attendance, with funding to be in the form of an over-expenditure of the
approved budget.
(As Amended)
FINANCE AND ADMINISTRATION COMMITTEE -
That the parcel of land described as Part of Lot 35, German Company Tract designated as Part 8,
Plan 58R-10060 and Block 67, Registered Plan 1738 be declared surplus to the City's needs, and
that staff be directed to convey the land to the abutting owner at market value.
That approval be granted for an expenditure of $34,000.00 plus G.S.T. for repairs to the landings
for the escalators at the Transit Terminal on Charles Street.
That staff issue a 1997 business licence to Ms. Patricia Rowles for Touch of Light - Energy
Therapies at 19 Weber Street East, Kitchener; and further,
That Chapter 560 (Massagists and Body Rub Parlours) of the Municipal Code be amended to
include the above location.
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REPORTS ADOPTED BY COUNCIL
That Council receive the Treasurers Report and Consolidated Financial Statements of the City of
Kitchener for the period ending December 31, 1996.
That a by-law be prepared to provide for four dates for an Advance Vote in connection with the
1997 Municipal Election, with said by-law to provide that Advance Voting be permitted on:
Thursday, October 30; Friday, October 31; Saturday, November 1 and Monday, November 3
between the hours of 10:00 a.m. and 6:00 p.m.; and further,
That a by-law be prepared authorizing the City Clerk to provide for reduced opening hours with
respect to voting places designated only for the use of residents of an institution or a retirement
home, provided that a minimum of four hours is provided at each location.
That the Kitchener-Waterloo Sidewinders Sledge Hockey Club be granted permission to hold
bingos on an ongoing basis in the City of Kitchener, with all proceeds to be used to provide
opportunities for the physically challenged to play hockey.
That no action be taken at this time on the request of Mr. Edward Moore for permission to locate
two ice cream vending vehicles in the Downtown for the 1997 Canada Day celebrations; and
further,
That should Mr. Moore wish to pursue this matter further, a subsequent submission be made to the
Finance and Administration Committee in 1998 to be accompanied by formal comment from the
Kitchener Downtown Business Association.
PUBLIC WORKS AND TRANSPORTATION COMMITTEE -
That a rate rider of $0.05 m3 be approved for gas consumed during September, October and
November, 1997.
That City staff be instructed to continue negotiations leading towards the development of a
Bundled T-Service Contract which, subject to the approval of City Council, will be offered to large
gas use customers effective September 1, 1997, and further,
That the Gas Utility proceed with a request for proposal to obtain contract services regarding the
administration of the Bundled T-Service Contracts and for advisory services related to direct gas
purchase options.
That, effective September 1, 1997, the implementation of a Courtesy Warning Program for Parking
Infraction Notices issued at expired meters and time limited parking spaces within the Downtown
core be approved, and further,
That, to allow for adequate training, a contract employee be hired by August 1, 1997, for a period
of one year, and further,
That the Courtesy Warning Program be completely reviewed after 11 months of operation with a
report dealing with its effectiveness being presented to the Public Works and Transportation
Committee.
That, subject to discussions with the Parents Council of Stanley Park School, the Regional
Municipality of Waterloo be requested to permit the installation of a pedestrian refuge island on
River Road at Hickson Drive, and further,
That its installation be front-end funded by the Public Works Sidewalk Account with the railings
and signs being covered by the New Traffic Signs Account, with staff requesting re-imbursement
from the Region for the above costs.
(As Amended)
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REPORTS ADOPTED BY COUNCIL
That no action be taken regarding the re-installation of traffic calming measures on Homewood
Avenue, and further,
That the Speed Advisory Program be implemented on Homewood Avenue during the summer of
1997.
That an all-way stop be installed at the intersection of Strasburg Road and Trillium Drive, and
further,
That the Uniform Traffic By-law be amended accordingly.
That sub-paragraph e) of Item No.3 of the report of the Public Works and Transportation
Committee, as adopted at the City Council meeting held on June 3, 1997, be amended to read as
follows:
"e)
the scheduling of a Public Meeting in conjunction with Council's regularly scheduled
Committee of the Whole meeting on Monday, September 29, 1997, and further,".
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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. Civic Celebration
It was resolved:
"That K-W Oktoberfest to be held on October 10-18, 1997, be designated as a Civic
Celebration Event pursuant to Section 542.3 of the City of Kitchener Municipal Code and
as a 'Community Festival' for Liquor Licence purposes."
Licences
It was resolved:
"That Ms. Rose Andrews be granted a Massagist licence for the year 1997; and further,
That Ms. Sherry Zimmer be granted a Massagist licence for the year 1997."
-and-
"That the Friends of Doon Heritage Crossroads, R.R.#2, Kitchener, N2G 3W5, be granted
permission to obtain a Raffle Lottery Licence for a draw to be held at Doon Heritage
Crossroads on December 22, 1997."
-and-
"That No Action be taken on the request of Michael Brian Hickmott for an Ice Cream
Vehicle Driver's Licence as per his application dated June 16, 1997."
-and-
"That Safe Haven, 41 Weber Street West, Kitchener, be granted permission to operate a
refreshment stand in Victoria Park on September 7, 1997, provided that the necessary
Licence and Health and Fire approvals be obtained; and further,
That the refreshment stand be located at least 300 feet (300') from any other food outlet."
- and -
"That Youth Aflame Services Inc., 156 Bedford Road, Kitchener, be granted permission to
operate a refreshment stand in Victoria Park on July 17, 1997, provided that the
necessary Licence and Health and Fire approvals are obtained; and further,
That the refreshment stand be located at least 300 feet (300') from any other food outlet."
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COMMITTEE OF THE WHOLE
REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
3. Association of Municipalities of Ontario - Annual Conference
It was resolved:
"That the first six members of Council indicating an interest in attending (including Mayor
R. Christy, Councillors Jake Smola and B. Vrbanovic) be appointed voting delegates of
the City of Kitchener for the purposes of the 1997 Annual Conference of the Association
of Municipalities of Ontario to be held in Toronto from August 24-27, 1997."
4. Uncollectible Utility Accounts
It was resolved:
"That Uncollectible Utility Accounts amounting to $32,681.34 be written off against the
Allowance for Doubtful Utility Receivables."
5. Minutes of Settlement - WEST WARD
It was resolved:
"That the Mayor and City Clerk be authorized to sign the "Minutes of Settlement" relating
to the assessment appeal for 386 Gage Avenue, Kitchener, launched by Central Beauty
Supply Limited and settled by the Regional Assessment Commissioner for Region #21
and the owner."
6. Proof of Loss
It was resolved:
"That the Mayor and Clerk be authorized to sign a Proof of Loss form in connection with
an insurance damage claim for a City Transit vehicle in the net amount of $37,212.00."
7. Sale of Surplus KW Hydro Substation - STANLEY PARK WARD
Councillor T. Galloway enquired how the City came to own the property that is now proposed
for conveyance to Kitchener Housing Inc., as there appears to be no corporate purpose.
Councillor M. Yantzi replied that the municipality purchased on behalf of Kitchener Housing,
as has been the procedure with other Hydro properties. Councillor G. Lorentz noted that the
same formula is used for Habitat for Humanity, and in this regard Councillor Galloway
questioned why Kitchener Housing Inc. could not purchase the property directly. Mr. J. Shivas
clarified that this practice has been followed in the past and is the second phase of
conveyance to Kitchener Housing. Councillor Galloway advised that he is uncomfortable with
conveyance of the land in this matter and suggested that if the price reflects market value,
other private developers may wish to purchase and on this basis indicated that he would not
support the recommendation.
It was resolved:
"That the K-W Hydro Substation #13 designated as Part of Lot 4, Municipal Compiled
Plan 965 designated as Part 1, Plan 58R-10615 located at 326 River Road East,
Kitchener be declared surplus to the City's needs, and that staff be directed to sell the
land at cost plus all expenses to Kitchener Housing Inc. for the purposes of converting the
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REPORTS ADOPTED BY COUNCIL
building into a single detached rental unit."
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COMMITTEE OF THE WHOLE
REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
Fire Dispatch Agreements with Townships of Woolwich and Wellesley
It was resolved:
"That the Mayor and Clerk be authorized to execute an agreement dated June 12, 1997
with The Township of Woolwich to provide fire dispatch service for a term of two years
commencing January 1, 1997."
- and -
"That the Mayor and Clerk be authorized to execute an agreement dated April 1, 1997
with The Township of Wellesley to provide fire dispatch service for a term of five years
commencing on January 1, 1997."
Contract Aqreement: City of Kitchener and the K-W Symphony Orchestra
Dealt with under delegations.
10. Dog Designation Appeal Decisions
It was resolved:
"That the decisions of the Dog Designation Appeal Committee with respect to appeals
filed by Natasha Czech, Robert Koberinski and Shuja Ali be approved."
11. Residential Alarm Monitoring "Direct to Fire" RFP 97-38
Dealt with under delegations.
12. Sale of Surplus City Property - WEST WARD
It was resolved:
"That the City accepts an offer dated June 17, 1997 from George Voisin, In Trust, to
purchase approximately 7,811 square feet of vacant surplus City land described as Part of
Lot 35, German Company Tract designated as Part 8, 58R-10060 and Block 67,
Registered Plan 1738 for the sum of $39,000,00.
And further, that the Mayor and Clerk are hereby authorized to execute any
documentation considered necessary by the City Solicitor."
13. Committee of Adjustment Submission - Municipal Code, Chapter 630 (Fence)
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14.
15.
REPORTS ADOPTED BY COUNCIL
ROCKWAY-ST. MARY'S & STANLEY PARK WARDS
It was resolved:
"That the decision of the Committee of Adjustment sitting as a Standing Committee of City
Council, of June 17, 1997, recommending approval of Submission No.'s F 1/97 - Milan
Trbojevic & F 3/97 - Christine Marques - Be Ratified and Confirmed."
Workers' Compensation Self Insurance Proposal (WCB - Schedule 2)
Dealt with under delegations.
Tenders
Dealt with under delegations.
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COMMITTEE OF THE WHOLE
REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
16. Ice Cream Vehicle Driver Licence
It was resolved:
"That no action be taken on the Ice Cream Vehicle Driver Licence application from Cory
Alexander Breton dated June 24, 1997."
17. Amendment to Patio Encroachment Aqreement - The Strand (185 Kinq Street West)
Council was in receipt of a report from Ms. L. MacDonald, Assistant City Solicitor, dated July
7, 1997 recommending an amendment to the original agreement.
It was resolved:
"That subject to the owner of The Strand obtaining all required approvals, the Mayor and
Clerk be authorized to execute an agreement to amend the patio encroachment
agreement dated April 25, 1997 with 1154561 Ontario Inc. so as to permit the construction
and maintenance of a deck on the sidewalk in front of 185 King Street West for the 1997
season."
18. Withdrawal of Ontario Municipal Board Appeal - 937 Doon Villaqe Road
Council was in receipt of a report from Ms. L. MacDonald, Assistant City Solicitor, dated July
7, 1997 recommending withdrawal of Council's appeal.
It was resolved:
"That Council withdraw their appeal to the Ontario Municipal Board regarding the
Committee of Adjustment's decision on consent application B 41/96."
19. Aqreement of Purchase and Sale - lan Cook Construction Limited
Council was in receipt of correspondence from Ms. V. Gibaut, Director of Economic
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REPORTS ADOPTED BY COUNCIL
Development, dated July 7, 1997 recommending execution of an amending agreement.
It was resolved:
"That the Mayor and Clerk be authorized to execute an Agreement dated June 25, 1997
to amend the Agreement of Purchase and Sale dated May 12, 1997, and amended May
22, 1997, with lan Cook Construction Limited with respect to lands in the Lancaster
Corporate Centre, to extend the date for examination of title from June 30, 1997 to July
31, 1997 and the closing date from July 31, 1997 to August 30, 1997; and further,
That all other terms and conditions of the Agreement of Purchase and Sale are to remain
the same and time continue to be of the essence."
20. Raffle Lottery Licence - Kitchener-Waterloo Symphony
Council was in receipt of a report from Mrs. J. Koppeser, Manager of Licensing, dated July 4,
1997 recommending endorsement of the Provincial licence application.
It was resolved:
"That the City of Kitchener has no objection to a Provincial licence being issued to the
Kitchener-Waterloo Symphony to conduct a Raffle Lottery in the City of Kitchener with
said draw to occur on March 27, 1998 at 101 Queen Street North, Kitchener."
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COMMITTEE OF THE WHOLE
REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
21. Expropriation Settlement- Moderne Button Company Limited
It was resolved:
"That the City accept the offer of Moderne Button Company Limited, set out in the July 7,
1997 letter of its solicitor, William White, to settle business loss resulting from relocation
due to the expropriation of its premises at 182 King Street West for the new City Hall, for
the sum of $170,000, interest in the sum of $30,000 and reasonable costs to date; and
further,
That the City Solicitor be directed to execute Minutes of Settlement dated July 7, 1997."
22. Refreshment Stand Licence - Mayor's Advisory Council of Youth
Council was in receipt of a report from Mrs. J. Koppeser, Manager of Licensing, dated July 3,
1997 recommending approval of the application.
It was resolved:
"That the Mayor's Advisory Council of Youth, City Hall, Kitchener, be granted permission
to operate a refreshment stand in City Hall's Civic Square on September 6, 1997,
provided the necessary Licence and Health and Fire approvals are obtained; and further,
That the nominal fee of $1 be charged."
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REPORTS ADOPTED BY COUNCIL
23. Refreshment Stand Licence - Human Resource Centre for Students
Council was in receipt of a report from Mrs. J. Koppeser, Manager of Licensing, dated July 3,
1997 recommending approval of the application.
It was resolved:
"That the Human Resource Centre for Students, 29 King Street East, Kitchener, N2G 2K4,
be granted permission to operate a refreshment stand in City Hall's Civic Square on July
20, 1997, provided the necessary Licence and Health and Fire approvals are obtained;
and further,
That the nominal fee of $1 be charged."