HomeMy WebLinkAboutCouncil Minutes - 2001-04-02COUNCIL MINUTES
APRIL 2, 2001
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 Dana Wagner & Kaitlyn McQuaid, King School
of Vocal.
On motion by Councillor J. Ziegler, the minutes of the regular meeting held March 19, 2001, and
special meetings held March 19 and 26, 2001, as mailed to the Mayor and Councillors, were
accepted.
COMMUNICATIONS REFERRED DIRECTLY TO FILE - NIL
Mr. L. Gordon, Manager of Purchasing, appeared as a delegation with respect to the tenders listed on
the Committee of the Whole agenda. Mr. Gordon requested consideration of two additional tenders
outlined in his memoranda dated April 2, 2001 distributed this date dealing with a contract for City Hall
elevator maintenance and tender T01-038 for the supply of Triplex Greens Mowers and Fiveplex Light
Weight Fairway Mowers. Mayor C. Zehr pointed out there was significant variance in bids respecting
tender T-00-114 for poured in place and precast concrete components for the Williamsburg Cemetery.
Mr. Gordon advised that the recommended supplier has been engaged by the City several times in
the past. Mayor Zehr then questioned expression of interest E01-030 for consultant services dealing
with review of the Information Services help desk and Mr. Gordon advised that the project would
review all of the processes that Information Services Division considers when tracking, analyzing and
addressing all forms of incidents.
Moved by Councillor J. Zeigler
Seconded by Councillor J. Smola
"That Tender T00-111, Supply of Residential Water Heaters be awarded as follows:
40, 50 and 75 gallon conventional; 40, 50 and 75 gallon power vent and 50 gallon H/O
power vent be awarded to State Industries, Waterloo at their tendered price of
$1,066,850. For a two year period, plus PST & GST
60 gallon conventional, 60 gallon power vent and 50 gallon direct vent be awarded to
GSW Water Heating Company, Fergus at their tendered price of $182,658. For a two
year period, plus PST & GST."
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"That Tender T00-114 Poured In Place and Precast Concrete Components - Williamsburg
Cemetery, be awarded to Carrier Mausoleum Corp., Kettleby, Ontario at their tendered
price of $53,910., plus G.S.T."
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"That Tender T01-001, Concrete Sidewalk and Curb Construction and Repair, be awarded to
Sousa Concrete, Branchton, Ontario at their tendered price of $580,962.92, including a
contingency of $30,970.and G.S.T."
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"That Tender T01-006 - Closed Circuit TV Inspection of Gravity Sewers, be awarded to Trans-
Video Inspections Ltd., Burlington, Ontario, at their tendered price of $220,687.50 including
a contingency of $15,000. and G.S.T. based on a satisfactory completion of a three day test to
determine that dump site requirements can be met as well as delivery of quality reports,
videotapes and formatted digital data base information as stipulated in the tender documents."
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"That Tender T01-014, Diesel Powered Turf Tractors be awarded as follows:
Item #1 - one (1) 24hp Diesel Turf Tractor, with mid-mount mower attachment complete
to specification CKF-206, to Kitchener Tractor Centre, Kitchener at their tendered
price of $15,310. plus P.S.T. and G.S.T.
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Item #2 - two (2) 33hp Diesel Turf Tractors, complete to specification CKF-208, to
Coleman Equipment Inc., New Dundee, at their tendered price of $62,998. plus
optional front wafer weights at $398., one post hole auger at $1,250. and one snow
blower at $5,400. plus P.S.T. and G.S.T."
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"That Tender T01-016, Concession Beverages & Related Equipment, be awarded to
Kitchener Beverages Limited, Kitchener, at their adjusted tender price of $87,188.22 plus
G.S.T. and P.S.T."
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"That Tender T01-019, Fine Papers, be awarded to Empire Fine Papers Inc., Kitchener, at
their tendered price of $86,993.35 plus G.S.T. and P.S.T."
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"That Tender T01-036, Food Products, be awarded to Sysco Foodservice of Ontario,
Peterborough, at their tendered price of $88,780.00 plus G.S.T. and P.S.T."
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"That Expression of Interest E01-022, Consultant Services, To Assist in the Review, Analysis
and Recommendation For Future Telecommunications Infrastructure, be awarded to Graycom
Analysis, Streetsville, Ontario at their estimated fee of $55,907.50, including G.S.T., based
on a satisfactory contract being negotiated and an upset fee being established."
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"That Expression of Interest E01-030, Consultant Services, Review of Information Services
Help Desk, be awarded to G.S.I. Consulting Services Inc., Toronto, Ontario at their
estimated fee of $32,100. including G.S.T., based on a satisfactory contract being negotiated
and an upset fee being established; and further,
That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City
Solicitor."
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"That Expression of Interest E01-031, Consultant Services, Victoria Street North At Lackner
Boulevard Local Improvements, be awarded to Earth Tech (Canada) Inc. Kitchener, at their
estimated fee of $33,780. including a contingency of $2,870. and G.S.T., based on a
satisfactory contract being negotiated and an upset fee being established; and further,
That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City
Solicitor."
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"That Expression of Interest E01-033, Consultant Services, Shirley Avenue/Lackner Boulevard
Reconstruction, be awarded to MTE Consultants Inc., Kitchener at their estimated fee of
$449,445.18, including a contingency of $49,945.00 and G.S.T., based on a satisfactory
contract being negotiated and an upset fee being established; and further,
That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City
Solicitor."
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"That Council wave the tendering requirement and award a contract to Thyssen Dover
Elevators, Burlington, Ontario at a negotiated price of $42,000. per year including G.S.T., that
the contract be renewable annually up to a maximum of five years."
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"That Tender T01-038 be awarded as follows:
Item #1 - two (2) Triples Greens Mowers not be awarded until demonstrations can be
conducted, on tendered equipment, under mowing conditions.
Item #2 - two (2) Fiveplex Light Weight Fairway Mowers to Turf Care Products,
London, Ontario complete to specification CKF-295 at their tendered price of $84,036.
Plus one additional set of cutting heads $6,950., G.S.T. and P.S.T."
Carried.
Mr. Tim McCabe, Green Scheels Pidgeon, appeared as a delegation representing Trinity Village Care
Centre to address Clause 2 of the Finance and Administration Committee report dealing with a
request for deferral for development charges which was deferred by the Committee and referred to
the Council meeting this date pending a further report from staff. He distributed correspondence
dated April 2, 2001 from the Chair of Lutheran Homes Kitchener-Waterloo and the Administrator of
Trinity Village to which was attached a site plan illustrating the proposed new long term care facility
which will replace the existing outdated facility. Lutheran Homes requests deferral of City and
Regional development charges for the new long term care facility on the basis that it was a unique
situation involving a one for one replacement of existing beds and did not represent an increased
demand on City services.
Councillor J. Zeigler advised that Planning staff indicate that it was the increased number of rooms
that attract the development charge within the new facility. It was noted that currently there were 150
patients in 85 rooms whereas in the new facility 150 patients would be housed in 120 rooms. In
response to Councillor Zeigler, Mr. McCabe indicated that under the terms of the Provincial licence
Trinity Village could not install additional beds within the new facility over the 150 bed limit. Mr. J.
Shivas advised that a staff report containing legal advice was prepared and distributed to Council this
date and noted that the concern of the Legal Department related to existing legislation which staff
consider to be weak as it relates to the request. He advised that the preferred option of Legal staff
was to have Council consider approving a grant in favor of Trinity Village as opposed to following the
deferral route. Council J. Zeigler commented that he was comfortable with a deferral approach in
consideration of the owner/operator of the facility.
Moved by Councillor J. Zeigler
Seconded by Councillor C. Weylie
"That the deferral recommendation outlined in Clause 2 of the Finance and Administration
Committee report be deleted and replaced with the following:
'That Council defer development charges, based on a credit from the existing 85 room facility,
applicable to 85 rooms related to the development of a portion of the Lutheran Homes of
Kitchener-Waterloo 'Trinity Village' continuum care facility at 2727 Kingsway Drive; and,
That the Mayor and Clerk be authorized to execute a deferral agreement under Section 27 of
the Development Charges Act to provide for said deferral; and,
That consideration of development charges applicable to 35 additional rooms in the new facility
be temporarily deferred and referred to the June 4, 2001 Finance and Administration
Committee meeting to allow staff of the Business and Planning Services Department and the
Legal Department to prepare a report; and further,
That Lutheran Homes be permitted to proceed with the development and required building
permits be issued based on the above direction'."
Carried.
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Mr. T. McCabe also appeared as a delegation in support of Clause 2 of the Planning and Economic
Development Committee report in which approval was recommended of applications for zone change
and subdivision of Krizsanderson Development Ltd. as well as modifications to an earlier subdivision.
He referred to the discussion that had taken place at Committee respecting City condition 6.12 of
Subdivision Application 30T-99202. In this regard, he advised that he concurred with the proposed
rewording of that condition outlined in Business and Planning Services report BPS-01-050 dated
March 28, 2001 which further addresses the matter of monitoring of private wells and provision of
water supply if required.
Councillor J. Zeigler questioned the status of existing fencing and Ms. J. Given illustrated where
fencing would be retained and where it would be deleted.
Mrs. Maggie Bassin appeared as a delegation on behalf of the Grand Hill Village Association and
distributed a submission prepared by Daphne Nicholls that strongly requests tree saving be an
absolute priority in the proposed subdivision and that in particular every effort be made to save the
larger trees. Mrs. Bassin advised that she had been asked by Ms. Nicholls to question the fencing
situation as it used to totally enclose the former Kirkpatrick property and it was their wish to have it
adjacent to the ESPA and extend along the Kirkpatrick property to the Paul Kuntz property.
Councillor J. Zeigler commented that there was a fence around the Kirkpatrick property but that it was
redundant in its present location and there was no requirement to install a fence to the rear of the
property. Ms. Given noted that the fence was in the current Ontario Municipal Board approved
conditions on the existing subdivision plan but now that new lots would back on to the plan, it
represented a modification to the earlier draft plan affecting Lots 11 to 15. She noted that a fence
would sever Blocks 24 and 25 of the new subdivision. In respect to the cutting of trees and tree
saving, Ms. Given advised that a tree management plan would be required but that it was expected to
concentrate on the edges of the property as trees in that location are of higher quality than in the
interior of the property because of lighting conditions. Mrs. Bassin questioned if there was a fence in
place to protect the ESPA and Mayor C. Zehr advised that fencing along the rear yards of Lots 11 to
15 would provide such protection. Councillor Zeigler summarized that the fencing required makes it
clear that the original intent to protect the ESPA is being maintained.
Moved by Councillor J. Zeigler
Seconded by Councillor J. Smola
"That Clause 2 of the Planning and Economic Development Committee report be adopted
including an amendment to substitute revised wording for City condition 6.12 as outlined in
Business and Planning Services report BPS-01-050."
Carried.
Ms. P. Houston, Chief Financial Officer appeared as a delegation in regards to a Canadian Award for
Financial Reporting recently received by the City from the Government Finance Officers Association
for the City's 1999 Annual Financial report. At this time staff members of the Budget and Financial
Services Division of the Finance Department came forward to officially be congratulated by Councillor
J. Zeigler and presented with the award.
Mr. Ron Charie, General Manager, Kitchener Power Corporation appeared as a delegation to make
presentations to representatives of Kitchener-Wilmot Hydro Volunteers involved with the annual
'Christmas Fantasy' display in Victoria Park. He advised that in 1995 a joint community park project
was undertaken by 10 local service clubs that committed $2000. per year for 8 years toward the
project. He noted that for the past 6 years employees and retirees of Kitchener-Wilmot Hydro had
erected, maintained and removed the Chistmas lighting display. At this time an individual
representative from each of the 4 groups being, CUPE, IBEW, Management/Supervisory and
Retirees group came forward to receive an award certificate in recognition of the work undertaken by
all volunteers.
Councillor B. Vrbanovic, Co-Chair, Safe City Committee; Brian Doherty, Waterloo Regional Police;
and Peter McGough, Kitchener Fire Department appeared before Council to present the 2001 Youth
Issues Grants and Awards. Councillor Vrbanovic noted that the Youth Issues Committee had made
the Award selections. Several individuals attended to receive Awards on behalf of the following
programs:
· Chandler Mowat Youth Drop In
APRIL 2, 2001
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· Sudanese Community- Traditional Youth Dance and Sports
· JF Carmichael Summer Playground
· Victoria Hills Adventure Summer Playground
· Forest Hill Summer Playground
· Mill-Courtland Association After School Program
· Centerville-Chicopee Youth Outreach Program
Councillor Vrbanovic stated that he wished to acknowledge the contribution of all emergency service
personnel (police, fire, ambulance) who have supported this undertaking and who have volunteered
their time in support of the Third Annual Golf Tournament scheduled at Rockway Golf Course on
June 20, 2001. He also expressed appreciation to retired Superintendent Bran Koepke for originally
conceiving the annual 911 Golf Tournament. He also thanked the sponsors of the reception held
earlier this date as well as Ms. J. Dean. At the request of Inspector Doherty, 4 members of the Youth
Issues Committee in attendance at the meeting were asked to stand and be recognized.
Ms. Linda Homeniuk, appeared as a delegation in support of Clause 3 of the Finance and
Administration Committee report dealing with approval for Midways to be held at Southwest Optimist
Park and at Weiland Ford. She noted that as requested at the Committee meeting, approval had
been received in respect to the provision of extra parking to accommodate those attending these
events.
Moved by Councillor J. Zeigler
Seconded by Councillor M. Galloway
"That Clause 3 of the Finance and Administration report be adopted."
Carried.
Mr. Marty Schrieter appeared as a delegation on behalf of the Kitchener Downtown Business
Association with respect to Clause 7 of the Finance and Administration report dealing with various
encroachment agreements. He advised that a number of Association members have expressed
concern with regard to the encroachments requested by Dandy's Restaurant for a sidewalk patio and
by Reggie's for the operation of a hot dog cart and request the matter be deferred so as to allow the
Association to meet with both applicants to discuss their operations.
Moved by Councillor C. Weylie
Seconded by Councillor J. Smola
"That the following recommendations in Clause 7 of the Finance and Administration Committee
report be deferred and referred to the April 9, 2001 Finance and Administration
Committee meeting and the Special Council meeting for consideration;
'That subject to obtaining all necessary approvals and the payment of all required licence fees,
the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the
City Solicitor, with the owner(s) of Dandy's Restaurant, located at 85 King Street West, for the
operation of a sidewalk patio for the period commencing the date the Agreement is signed by
all parties to October 31,2001
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That subject to obtaining all necessary approvals and the payment of all required licence fees,
the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the
City Solicitor, with the owner(s) of Reggie's, located at 1 King Street West, for the operation of
a hotdog cart for the period commencing the date the Agreement is signed by all parties to
October 31, 2001'."
Carried.
Moved by Councillor J. Zeigler
Seconded by Councillor J. Smola
"That the balance of encroachment agreement recommendations in Clause 7 of the Finance
and Administration Committee report be adopted."
Carried.
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CITY OF KITCHENER
Mrs. Jacqueline Marsh appeared as delegation and itemized how citizens of the Cedar Hills
neighbourhood have worked in various ways over the years to improve their neighbourhood. She
pointed out that recently residents became aware that upgrade of lighting that was taking place within
the Downtown Lighting Upgrade Program was not included as part of the road improvement project to
upgrade Church Street. Ms. Marsh commented that they considered Church Street to be part of the
downtown and were entitled to similar lighting upgrade.
Councillor C. Weylie advised that she had arranged to meet with Ms. Marsh and that it was her intent
to bring a report on the matter to the April 9, 2001 Public Works and Transportation meeting as well
as the Special Council meeting being held that date.
Mr. Earl Neumeister appeared as a delegation in regards to the matter of increased Council
compensation approved earlier this year. He posed questions with regard to the Council being
reimbursed for distance driven to attend to City business, what benefits Council members would be
entitled to and what expenses would be reimbursed. Mayor C. Zehr noted that members of Council
could claim .37 cents per kilometer reimbursement as part of their duties and also could claim
benefits that cover routine health and dental costs in like manner as City staff. However, he pointed
out that it may not be necessary for some Councillor's to utilize such coverage as they may have
coverage elsewhere. On the matter of expenses, he advised that costs related to hosting particular
situations would be reimbursed provided receipts were supplied and noted that expenditures by
Councillors were subject to approval by the Mayor and expenditures by the Mayor were subject to
approval by the Chief Administrative Officer.
Mayor C. Zehr advised that earlier this date a statement had been issued to the media advising that
the Council compensation issue would be discussed and acted upon at the meeting this date. In the
statement it was indicated that in view of the response from residents regarding the issue of Council
compensation, Councillors have chosen to roll back the pay raises to the original recommendation of
the Citizens Ad Hoc Advisory Committee notwithstanding the fact it was now apparent that the
responsibilities of individual Councillors with the new downsized Council had increased significantly.
He also advised that in a demonstration of support for the Councillors he was taking an equal salary
reduction of $5,800. notwithstanding that the remuneration of Mayor was not increased beyond the
Advisory Committee's original recommendation. Mayor Zehr advised that Council is committed to
working with residents to develop an acceptable public process for the selection of a Committee that
would conduct the mid-term Council salary review in the latter part of 2002 and that further details
with respect to this process will be released as soon as they are finalized. Finally, he pointed out that
the renumeration increase issue had been getting in the way of day to day business and it was hoped
by members of Council that the action this evening would allow citizens, Council and staff to move
forward and focus attention on the needs of the City.
Moved by Councillor J. Zeigler
Seconded by Councillor G. Lorentz
"That Council wave notice of motion to reconsider its January 29, 2001 decision relating to the
matter of Council compensation."
Carried with the required
2/3 vote of the whole Council.
Moved by Councillor J. Zeigler
Seconded by Councillor G. Lorentz
"That Council reconsider its decision of January 29, 2001 pertaining to Council compensation."
Carried with the required
2/3 vote of the whole Council.
Moved by Councillor J. Zeigler
Seconded by Councillor G. Lorentz
"Whereas, a citizen committee was set up to recommend a compensation level to reflect the
increased responsibilities placed on individual Councillors due to the reduction in the size of
Council from 10 to 6 members commencing December 1, 2000;
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CITY OF KITCHENER
And whereas, the members of Council accepted all but one of the Ad Hoc Citizen's Advisory
Committee recommendations, namely the level of salary payable to Councillors;
And whereas, many citizens of the City of Kitchener have expressed their displeasure with the
process Council used to increase the Councillors compensation above the recommendation of
the Ad Hoc Citizen Committee;
And whereas, Council has received the petition signed by a significant number of citizens,
numerous telephone calls and e-mails;
And whereas, Council recognizes the need to allow Citizens, Council and Staff to move
forward in order to focus attention on the needs of the City of Kitchener;
Now therefore the Council hereby resolves the following:
1) That Council reconsider the base compensation level of the members of Council approved
January 29, 2001;
2) That Council reduce the base compensation of individual ward Councillor's from $37,800.
per annum to the amount recommended by the Committee of $32,000.
3) That Council reduce the base compensation of the Mayor by the same amount, namely
$5,800;
4) That these reductions take effect April 2, 2001;
5)
That Council reaffirm the endorsement of the recommendation of the Citizen's Advisory
Committee to set up a process to determine compensation and set a compensation level in
advance of the next election. Such Advisory Committee will be comprised of individuals
from a variety of sectors so that the committee is reflective of the entire city."
Several Councillors then provided remarks on the Council compensation issue. Councillor M.
Galloway indicated that he was listening to the concerns of his constituents on this issue and
accordingly was prepared to accept a reduction in compensation. He commented that it was
unfortunate the Provincial government had undertaken downsizing of municipal Councils and that
this was not in the best interest of the citizens. Councillor B. Vrbanovic noted that the compensation
issue had developed a life of its own and suggested that each member of Council would have to
balance their time commitment which may subsequently affect accessibility. It was his view that the
level of compensation was fair but acknowledged the process could have been handled in a better
manner. He also pointed out that Provincial downsizing had brought the Council down to an
impractical size and would have the effect of making it more difficult for persons to run for elected
office. On a positive note, he pointed out the voice of concern raised by citizens had been heard and
acted upon by Council. Councillor C. Weylie stated that she was opposed to the motion to reduce
the level of Councillor compensation. It was her view that if the increase was appropriate in January
then it is just as appropriate now. Councillor Weylie stated that it was her view Council did a poor
job communicating it's responsibilities as they relate to the compensation issue. In this regard, she
suggested that anyone with an interest in this matter visit her web site listing her activity in February
which evidences that the position is a full-time job that was paying a stipend which was extremely
Iow. She also remarked that a 123,000 voters did not support the petition that has been circulated
by the retirees group. She expressed concern that the end result of this would be a reduced ability
to attend to residents concerns. Finally, Councillor C. Weylie indicated that she had been tempted to
resign after enduring unending abuse from the retired labour union defeated candidates coalition.
Councillor G. Lorentz acknowledged that the compensation issue had torn at the heart of Council
and pointed out that in terms of workload he had always looked at the Councillor position as a full-
time commitment as opposed to a full-time position.
Councillor J. Zeigler's motion on the Council compensation issue was put to a recorded voted.
In favour: Mayor C. Zehr, Councillors M. Galloway,
B. Vrbanovic, G. Lorentz, J. Smola, and J. Zeigler
Contra: Councillor C. Weylie
Motion carried.
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Moved by Councillor J. Ziegler
Seconded by Councillor J. Smola
"That the report of the Planning and Economic Development Committee be adopted."
Council considered a memorandum from G. Richardson concerning the loan amounts under the
Downtown Community Improvement Plan and on motion by Councillor J. Zeigler, seconded by
Councillor J. Smola, it was agreed to amend Clause 3c of the Committee report by revising section
9.4.D.1 to provide that maximum loan amounts be changed to $7,500. from $15,000. for each of the
fa~;ade and the interior portions.
The report was voted on Clause by Clause.
Clause 2 - Dealt with under Delegations and
Carried, as amended.
Clause 3 - Carried, as amended.
Balance of report - Carried.
Moved by Councillor G. Lorentz
Seconded by Councillor B. Vrbanovic
"That the report of the Community Services Committee be adopted."
Carried.
Moved by Councillor J. Ziegler
Seconded by Councillor M. Galloway
"That the report of the Finance and Administration Committee be adopted."
Voted on Clause by Clause.
Clauses 2 and 3 - Dealt with under Delegations
and Carried.
Clause 7 - Dealt with under Delegations and
Carried, excepting Dandy's Restaurant and
Reggie's which were deferred and referred to the
April 9, 2001 Finance and Administration
Committee meeting and Special Council meeting
for consideration.
Balance of report - Carried.
Moved by Councillor J. Smola
Seconded by Councillor B. Vrbanovic
"That the report of the Public Works and Transportation Committee be adopted."
Council was in receipt of April 2, 2001 correspondence from Mr. R. Haalboom requesting that clause
9 of the report be withdrawn. Councillor M. Galloway pointed out that a staff report had been
requested because numerous citizens had inquired into conversion of Doon Village Road to two way
traffic and it was for that reason he had asked a report on the matter. He indicated that he would like
to have results of the survey before the matter was considered by Heritage Kitchener; as depending
on the survey results, it may not be necessary that the matter be dealt with by Heritage Kitchener.
The report was then voted on Clause by Clause.
Clause 9 - Carried.
Balance of report - Carried.
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Councillor G. Lorentz made reference to a meeting in respect to the St. Mary's Heritage Conservation
District and the work on the Sandrock Greenway Creek Rehabilitation project. In this regard he
requested staff to ensure that the through trail between Queens Boulevard and McGarry Drive would
reopen as soon as possible. He also noted that tree planting would take place April 22 in conjunction
with Earth Day at the rear of Trailview Park and that a mass tree planting would take place June 17 in
connection with the dedication of new playground facilities at the Forest Heights Community Center.
Councillor Lorentz advised that consultants with respect to the Ralgreen Crescent solution had been
short listed and it was anticipated that a consultant would be selected next week.
Councillor B. Vrbanovic commented on the following issues:
· Public meetings would be held April 4 and 5 pertaining to the new Kitchener Market and public
High School closures respectively
· Public meeting was held regarding the Grand River Community Public Library and a brochure
explaining the proposal was available at the Stanley Park Branch
· A Work Plan for new Stanley Park Community Center will be considered at the Community
Services Committee and a meeting will be held with staff and community representatives on April
6, 2001
· Need for Traffic signals at Ottawa/Montcalm or Ottawa/Old Chicopee, in response to speeding
concerns
· Staff were requested to conduct a speed study on Daimler Drive due to speeding concerns
· A stop sign installation be considered on Morrison Road at one of the Grand River Boulevard
intersections
· Northbound vehicles proceeding straight through the 2 left turn lanes from Old King Street to
Fairway Road and continuing on Old King Street
· Information in a package on waste transfer to Michigan was referred to and a proposed
consultation process and it was requested this document be referred to the Public Works and
Transportation Committee. Mayor C. Zehr advised that a consultation meeting was held March
27, 2001 in London
· The Skate 48 Tournament between Councils and staff of the Cities of Kitchener and Waterloo
raised $1100. for the Grand River Rotary Club
Councillor G. Lorentz referred to an article in the Ontario Good Roads Association magazine
describing Ottawa-Carleton's procedure of pre-wetting road salt and the savings in that regard. He
questioned if staff could review salt usage on municipal roads. Mr. S. Gyorffy advised that staff are
continuously reviewing procedures to reduce the impact of the application of road salt and that
engineering staff of all communities in the Region were sitting on a Regional staff committee that
considers all potential savings solutions with respect to this issue.
Councillor C. Weylie noted that a public meeting was being held April 3, 2001 by the Region in
respect to upgrading of Westmount Road and the Glasgow Street intersection and asked that this
matter be listed on the April 9 Public Works and Transportation Committee agenda. Further, she
advised that no Regional Councillor has participated in the Regional public information meetings to
this point and asked that the Mayor address this concern at the Regional level. Councillor Weylie
noted that the opening of the KOR Gallery was scheduled for April 6, 2001.
Mayor C. Zehr provided a brief update on issues involving Regional Council. He noted that the
estimated Regional tax increase was 3.6% for 2001 prior to consideration of the re-assessments.
Further he advised that a new property tax class had been established that provided new rental
housing of up to 7 units developed in the next 3 years would be taxed at the single residential unit
rate for 8 years as an incentive to accellerate development of needed rental housing units. Mayor
Zehr advised that population estimates were now avaliable with the Region's population totaling
451,000 made up as follows: Kitchener 190,100, Cambridge 110,900, Waterloo 98,700 and the
balance from the 4 Townships. He reported that the Region has developed a consolidated interim
garbage by-law that extends until March 2002. He also pointed out that the Region had scheduled a
public meeting for April 19 on the Highway 7 issue but that the Ministry has asked the Region to defer
holding a meeting for a short time while it assembles information gathered recently from many public
information meetings.
Councillor J. Smola advised that as a result of a meeting held to review parking issues in relation to
the Auditorium upgrade plan, it was suggested that road resurfacing work in the amount of $320,000.
on Ottawa Street North from the Expressway to Weber Street be deferred and placed in the 2002
budget pending clarification of access improvements to the Auditorium Complex property.
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Moved by Councillor J. Smola
Seconded by Councillor G. Lorentz
"That the Regional Municipality of Waterloo be requested to amend its 2001 Roads Capital
Program by shifting the $320,000 road resurfacing project for Ottawa Street North between the
Expressway and Weber Street from 2001 to 2002 so as to accommodate access
improvements to the Kitchener Auditorium Complex property."
Carried.
Moved by Councillor G. Lorentz
Seconded by Councillor J. Smola
"That leave be given the Mover and Seconder to introduce the following by-laws, namely:
(a) Being a by-law to license Street Vendors in Victoria Park and at specific street
intersections, expiring December 31, 2001.
(b) Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code
respecting the Appointment of Staff.
(c)
Being a by-law to amend By-law No. 2000-232 of The Corporation of the City of
Kitchener being a by-law to amend Chapter 530 of The City of Kitchener Municipal
Code with respect to Dogs.
(d)
Being a by-law to amend By-law No. 2000-200 of The Corporation of the City of
Kitchener being a by-law to repeal and replace Chapter 539 of The City of Kitchener
Municipal Code with respect to Electrical Contractors and Master Electricians.
(e)
Being a by-law to amend By-law No. 2000-228 of The Corporation of the City of
Kitchener being a by-law to amend various Chapters of The City of Kitchener Municipal
Code and various By-laws of The Corporation of the City of Kitchener.
(f)
Being a by-law to amend By-law No. 2000-201 of The Corporation of the City of
Kitchener being a by-law to repeal and replace Chapter 578 of The City of Kitchener
Municipal Code with respect to Plumbing/Plumbers.
(g)
Being a by-law to amend Chapter 745 of The City of Kitchener Municipal Code with
respect to Guns.
(h)
Being a by-law to provide for the establishing and laying out of part of Windrush Trail
and Doon South Drive as public highways in the City of Kitchener.
(i)
Being a by-law to provide for the establishing and laying out of part of Hidden Creek
Drive and Hollyridge Crescent as public highways in the City of Kitchener.
(J)
To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of
motor vehicles on private property.
(k)
To further amend By-law No. 88-171 being a by-law to designate private roadways as
fire routes and to prohibit parking thereon.
To further 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.
(m)
Being a by-law to adopt Amendment No. 35 to the Municipal Plan - Expansion to
Downtown boundary and related boundary changes to the Central Frederick
Neighbourhood Secondary Plan, the Victoria Park Neighbourhood and to Community
Improvement Areas.
(n)
Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener- City Initiated - Downtown boundary expansion.
APRIL 2, 2001
COUNCIL MINUTES
-117-
CITY OF KITCHENER
(o)
Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener - Activa Development Corporation - David Bergey Drive.
(P)
Being a by-law to exempt certain lots from Part Lot Control - Lots 1 and 2, Blocks 3 to
14 inclusive, Registered Plan 1831; Blocks 1 to 10 inclusive, Registered Plan 1832; and
Blocks 1,2 and 3, Plan 1834 - Marl Meadow Crescent, Marl Meadow Drive, Rush
Meadow Court, Marl Meadow Street and Templewood Drive.
(q)
Being a by-law to amend By-law 99-62 which exempts from Part Lot Control - Blocks 2
to 4 and Part Blocks 1 and 5, Registered Plan 58M-88; Part Block 5, Registered Plan
58M-88 and Part Block 9, Registered Plan 58M-84; and Block 10, Registered Plan 58M-
84 and Part Block 1, Registered Plan 58M-88 - Deer Ridge Crescent and Deer Ridge
Drive.
(r)
Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law of the
City of Kitchener- Krizsanderson Developments Ltd. -Winifred Street.
(s) 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 C. Zehr appointed Councillor J. Ziegler as Chair.
On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair.
Moved by Councillor J. Zeigler
Seconded by Councillor J. Smola
"That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting
of the Committee of the Whole held this date, as attached hereto and forming part of these
minutes, are hereby adopted and confirmed."
Carried.
Moved by Councillor G. Lorentz
Seconded by Councillor J. Smola
"That the by-laws listed on the agenda for third reading, namely:
(a) Being a by-law to license Street Vendors in Victoria Park and at specific street
intersections, expiring December 31, 2001.
(b) Being a by-law to amend Chapter 101 of The
respecting the Appointment of Staff.
(c)
(By-law No. 2001-51)
City of Kitchener Municipal Code
(By-law No. 2001-52)
Being a by-law to amend By-law No. 2000-232 of The Corporation of the City of
Kitchener being a by-law to amend Chapter 530 of The City of Kitchener Municipal
Code with respect to Dogs.
(By-law No. 2001-53)
APRIL 2, 2001
COUNCIL MINUTES
-118-
CITY OF KITCHENER
(d)
(e)
(f)
(g)
(h)
(i)
(J)
(k)
(m)
(n)
Being a by-law to amend By-law No. 2000-200 of The Corporation of the City of
Kitchener being a by-law to repeal and replace Chapter 539 of The City of Kitchener
Municipal Code with respect to Electrical Contractors and Master Electricians.
(By-law No. 2001-54)
Being a by-law to amend By-law No. 2000-228 of The Corporation of the City of
Kitchener being a by-law to amend various Chapters of The City of Kitchener Municipal
Code and various By-laws of The Corporation of the City of Kitchener.
(By-law No. 2001-55)
Being a by-law to amend By-law No. 2000-201 of The Corporation of the City of
Kitchener being a by-law to repeal and replace Chapter 578 of The City of Kitchener
Municipal Code with respect to Plumbing/Plumbers.
(By-law No. 2001-56)
Being a by-law to amend Chapter 745 of The City of Kitchener Municipal Code with
respect to Guns.
(By-law No. 2001-57)
Being a by-law to provide for the establishing and laying out of part of Windrush Trail
and Doon South Drive as public highways in the City of Kitchener.
(By-law No. 2001-58)
Being a by-law to provide for the establishing and laying out of part of Hidden Creek
Drive and Hollyridge Crescent as public highways in the City of Kitchener.
(By-law No. 2001-59)
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. 2001-60)
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. 2001-61 )
To further 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 oermits in respect thereof.
(By-law No. 2001-62)
Being a by-law to adopt Amendment No. 35 to the Municipal Plan - Expansion to
Downtown boundary and related boundary changes to the Central Frederick
Neighbourhood Secondary Plan, the Victoria Park Neighbourhood and to Community
Improvement Areas.
(By-law No. 2001-63)
Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener- City Initiated - Downtown boundary expansion.
(By-law No. 2001-64)
APRIL 2, 2001
COUNCIL MINUTES
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CITY OF KITCHENER
(o)
Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the
City of Kitchener - Activa Development Corporation - David Bergey Drive.
(By-law No. 2001-65)
(P)
Being a by-law to exempt certain lots from Part Lot Control - Lots 1 and 2, Blocks 3 to
14 inclusive, Registered Plan 1831; Blocks 1 to 10 inclusive, Registered Plan 1832; and
Blocks 1,2 and 3, Plan 1834 - Marl Meadow Crescent, Marl Meadow Drive, Rush
Meadow Court, Marl Meadow Street and Templewood Drive.
(By-law No. 2001-66)
(q)
Being a by-law to amend By-law 99-62 which exempts from Part Lot Control - Blocks 2
to 4 and Part Blocks 1 and 5, Registered Plan 58M-88; Part Block 5, Registered Plan
58M-88 and Part Block 9, Registered Plan 58M-84; and Block 10, Registered Plan 58M-
84 and Part Block 1, Registered Plan 58M-88 - Deer Ridge Crescent and Deer Ridge
Drive.
(By-law No. 2001-67)
(r)
Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law of the
City of Kitchener- Krizsanderson Developments Ltd. -Winifred Street.
(By-law No. 2001-68)
(s) To confirm all actions and proceedings of the Council.
(By-law No. 2001-69)
be taken as read a third time, be finally passed and numbered serially by the Clerk."
Carried.
On motion, the meeting adjourned at 9:22 p.m.
MAYOR CLERK
COUNCIL MINUTES
APRIL 2, 2001 - 120 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE
1. A. That the "Laurentian West Community Plan" be revised as follows:
a)
By redesignating the lands known as 200 David Bergey Drive from
"Neighbourhood Institutional" and "Low Density Residential" to "Community
Institutional", as shown on the attached Map A - Land Use, dated February 15th,
2001.
b)
By revising Policy 3.1 by deleting the first sentence and replacing it with the
following new sentence, "That a Community Institutional site be located on the
east side of Street E immediately south of the Laurentian Wetlands".
It is the opinion of this Committee that approval of this revision is proper planning for the
City.
That Zone Change Application ZC 00/38/D/BS (200 David Bergey Drive Activa
Development Corporation and Southrim Enterprises) requesting a change in zoning from
Residential Six Zone (R-6), with Special Regulation Provision 287R to Community
Institutional Zone (I-2), on lands legally described as Block 27 and Part of Block 28,
Registered Plan No. 58M-132, municipally known as 200 David Bergey Drive, b.~e
approved, in the form shown in the attached "Proposed By-law", dated February 16, 2001,
without conditions.
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 Zone Change Application ZC 99/19AN/JG (Deer Ridge Drive / Winifred Street -
Krizsanderson Development Ltd) requesting a change in zoning from Residential Two
Zone (R-2) with special regulation 261R and holding provision 29H to Open Space Zone
(P-2) and Residential Two Zone (R-2) with special regulations 261R and 352R on lands
legally described as Part of Lot 10, Beasley's Broken Front Concession, be approved in
the form shown in the attached "Proposed By-law", dated March 1, 2001, without
conditions.
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 the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990,
Chapter P 13 as amended, and delegation by-law 97-061, grant draft approval to Plan of
Subdivision Application 30T-99202 in the City of Kitchener, for Krizsanderson
Developments Ltd., subject to the following conditions:
That this approval applies to Plan of Subdivision 30T-99202 for Krizsanderson
Developments as shown on the plan prepared by Green Scheels Pidgeon dated January
24, 2000 and as shown on the attached Plan of Subdivision prepared by the City of
Kitchener dated February 27, 2001, which shows the following:
Single Detached Dwellings
Future Single Detached Dwellings
Stormwater Management
Lots 1-23
Blocks 24 and 25
Block 26
2. CITY OF KITCHENER CONDITIONS:
2.1
That the Subdivider shall enter into a City Standard Residential Subdivision Agreement, as
approved by City Council, respecting those lands shown outlined on the attached Plan of
Subdivision dated February 27, 2001 and which shall contain the following special
conditions:
COUNCIL MINUTES
APRIL 2, 2001 - 121 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (CONT'D)
2. (Cont'd)
Section 3 Prior to Servicing
3.16
That the location of the service connections and driveway location for Block 25
be approved by the City's General Manager of Public Works in consultation with
the General Manager of Business and Planning Services to maximize the
opportunity for tree retention.
Section 4 Prior to the Issuance of Building Permits
4.22 That no building permits shall be issued for Block(s) 24 and 25 until each is
consolidated with adjacent lands to form lots.
Section 6 Other Time Frames
6.11
That construction traffic to/from the proposed subdivision shall be restricted to
using Deer Ridge Drive only and prohibited from using other internal residential
streets in the community. The SUBDIVIDER agrees to advise all relevant
contractors, builders and other persons of this requirement with the subdivider
being responsible for any required signage, all to the satisfaction of the General
Manager of Public Works.
6.12
The Subdivider agrees that it shall be responsible, at its own cost, for the
monitoring of private shallow and deep wells in the existing developed portions of
the Grand Hill Village community. Such monitoring program shall be undertaken
for a total period of approximately one-year, which will include a period of time
both before and after the actual installation of underground services. The
Subdivider further agrees that in the event the existing water supply to any
existing homes in the identified area of Grand Hill Village is cut off as a result of
the installation of underground services, the Subdivider shall provide a new water
supply, either temporarily or permanently, to all affected properties to the
satisfaction of the City's General Manager of Public Works, all at the Subdivider's
cost.
2.2
That prior to final approval of the plan to be registered, the Subdivider shall fulfil the
following conditions:
1. The City Standard Residential Subdivision Agreement be registered on title.
The SUBDIVIDER shall submit copies of the final plan for registration to the
CITY'S General Manager of Business and Planning Services and shall obtain
approval therefrom.
The SUBDIVIDER agrees to commute all local improvement charges outstanding
on any part of the lands and to pay all outstanding taxes on the lands.
The SUBDIVIDER shall install within the subdivision any required geodetic
monuments under the direction of the CITY'S General Manager of Public Works,
with co-ordinate values and elevations thereon and submit for registration the
plans showing the location of monuments, their co-ordinate values, elevations
and code numbers as prescribed by the Surveyor General of Ontario.
The SUBDIVIDER shall make satisfactory arrangements with HYDRO or the
provision of permanent electrical services to the subdivision and/or the relocation
of the existing services. Further, the SUBDIVIDER acknowledges that this may
include the payment of all costs associated with the provision of temporary
services and the removal of such services when permanent installations are
possible.
COUNCIL MINUTES
APRIL 2, 2001 - 122 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (CONT'D)
2. (Cont'd)
The SUBDIVIDER shall make satisfactory arrangements for the provision of
permanent telephone services to the subdivision and/or the relocation of the
existing services. Further, the SUBDIVIDER acknowledges that this may include
the payment of all costs associated with the provision of temporary services and
the removal of such services when permanent installations are possible.
The SUBDIVIDER shall make arrangements for the granting of any easements
required for utilities and municipal services. The SUBDIVIDER agrees to comply
with the following easement procedure:
(a)
to provide copies of the subdivision plan proposed for registration and
reference plan(s) showing the easements to HYDRO, and telephone
companies and the City, to the CITY'S General Manager of Business and
Planning Services.
(b)
to ensure that there are no conflicts between the desired locations for
utility easements and those easement locations required by the CITY'S
General Manager of Public Works for municipal services;
(c)
to ensure that there are no conflicts between utility or municipal service
easement locations and any approved Tree Preservation/Enhancement
Plan;
(d)
if utility easement locations are proposed within lands to be conveyed to,
or presently owned by the CITY, the SUBDIVIDER shall obtain prior
written approval from the CITY'S General Manager of Public Works, or, in
the case of parkland, the CITY'S General Manager of Community
Services; and
(e)
to provide to the CITY'S General Manager of Business and Planning
Services, a clearance letter from each of HYDRO and telephone
companies. Such letter shall state that the respective utility company has
received all required grants of easement, or alternatively, no easements
are required.
The SUBDIVIDER shall dedicate all roads, road widenings and public walkways
to the CITY by the registration of the Plan of Subdivision.
The SUBDIVIDER agrees to provide to the City, at no cost and free of
encumbrance, a registerable deed for Block 26 for stormwater management.
10.
The SUBDIVIDER shall erect and maintain a subdivision billboard sign at each
major entrance to the subdivision, in accordance with a plan approved by the
CITY'S General Manager of Business and Planning Services, in accordance with
the following criteria:
a)
The sign shall be located outside the required yard setbacks of the
applicable zone and outside the corner visibility triangle, with the specific,
appropriate location to be approved by the CITY's General Manager of
Business and Planning Services;
b)
The sign shall have a minimum clearance of 1.5 metres, a maximum
height of 6 metres, and a maximum area of 13 square metres;
c)
Graphics shall depict the features within the limits of the subdivision
including, without limiting the generality of the foregoing, approved street
layout, including emergency access roads, zoning, lotting and specific
land uses, types of parks, storm water management areas, hydro
COUNCIL MINUTES
APRIL 2, 2001 - 123 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D)
2. (Cont'd)
corridors, trail links and walkways, potential or planned transit routes and
bus stop locations, notification regarding contacts for school sites, noise
attenuation measures, environmentally sensitive areas, tree protection
areas, special buffer/landscaping areas, water courses, flood plain areas,
railway lines and hazard areas and shall also make general reference to
land uses on adjacent lands including references to any formal
development applications, all to the satisfaction of the CITY'S General
Manager of Business and Planning Services;
d)
Approved subdivision billboard locations shall be conveniently accessible
to the public for viewing. Low maintenance landscaping is required around
the sign and suitable parking and pedestrian access may be required
between the sign location and public roadway in order to provide
convenient accessibility for viewing; and,
e)
The SUBDIVIDER shall ensure that the information is current as of the
date the sign is erected. Notice shall be posted on the subdivision
billboard signs advising that information may not be current and to obtain
updated information, inquiries should be made at the CITY'S Department
of Business and Planning Services.
11.
The SUBDIVIDER shall satisfy the total 5% parkland dedication for the entire
subdivision, which dedication is 0.141 hectares, by a cash-in-lieu contribution
equivalent to 5% of the value of all of the lands within the subdivision, with the
value of the land being determined as of the day before the day of draft approval.
12.
The SUBDIVIDER shall have landscape plans for the stormwater management
facilities prepared by an environmental professional acceptable to the CITY'S
General Manager of Community Services and to obtain therefrom, approval of
such plans.
13.
To expedite the approval for registration, the SUBDIVIDER shall submit to the
CITY'S General Manager of Business and Planning Services, a detailed written
submission documenting how all conditions imposed by this approval that require
completion prior to registration of the subdivision plan(s), have been satisfied.
3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS
That the Subdivider satisfy the following conditions to the satisfaction of the Regional
Municipality of Waterloo Commissioner of Planning and Culture:
That the owner agrees to stage the development of this subdivision in a manner
satisfactory to the Regional Commissioner of Planning and Culture.
That the plan submitted for final approval may incorporate a lot pattern for all
blocks in which single detached and semi-detached lots are permitted, at a
density not exceeding the density identified in the draft approval conditions.
a)
That the owner enter into an Agreement for Servicing with the Regional
Municipality of Waterloo to preserve access to municipal water supply and
municipal wastewater treatment services prior to final approval or any
agreement for the installation of underground services, whichever occurs
first. Where the owner has already entered into an agreement for the
installation of underground servicing with the area municipality, such
agreement shall be amended to provide for a Regional Agreement for
Servicing prior to registration of any part of the plan. The Regional
Commissioner of Engineering shall advise prior to an Agreement for
Servicing that sufficient water supplies and wastewater treatment capacity
is available for this plan, or the portion of the plan to be registered.
COUNCIL MINUTES
APRIL 2, 2001 - 124 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (CONT'D)
2. (Cont'd)
b)
That the owner include the following statement in all agreements of lease
or purchase and sale that may be entered into pursuant to Section 52 of
the Planning Act, prior to the registration of this plan:
"The lot, lots, block or blocks which are the subject of this agreement of
lease or purchase and sale are not yet registered as a plan of subdivision.
The fulfilment of all conditions of draft plan approval, including the
commitment of water supply and sewage treatment services thereto by the
Region and other authorities, has not yet been completed to permit
registration of the plan. Accordingly, the purchaser should be aware that
the vendor is making no representation or warranty that the lot, lots, block
or blocks which are the subject of this agreement or lease or purchase
and sale will have all conditions of draft plan approval satisfied, including
the availability of servicing, until the plan is registered."
That the subdivision agreement be registered by the City of Kitchener against the
land to which it applies and a copy of the registered agreement be forwarded to
the Regional Commissioner of Planning and Culture prior to final approval of the
subdivision plan.
That prior to the commencement of any grading or final approval of all or any part
of the draft plan of subdivision, a Consultant Archaeologist shall carry out an
Archaeological Survey and Rescue Excavation of any significant archaeological
remains found on the site, at the expense of the owner.
That prior to final approval of the plan, the Regional Municipality of Waterloo shall
secure both the physical and financial resources to provide for the design and
construction of the intersections improvements at Deer Ridge Drive and Highway
No. 8, and Baxter Place/Sportsworld Drive/Pioneer Tower Road and Highway
No. 8 relating to the Regional Road network in accordance with the preliminary
functional design (including Schedule A) dated January 30, 1997 and the
intersection improvement staging plan dated January 30, 1997 prepared by the
developer in consultation with the affected neighbourhood associations, and
approved by the Regional Commissioner of Engineering and the City of
Kitchener.
That prior to final approval, the developer shall, where appropriate, enter into an
agreement with the Regional Municipality of Waterloo regarding the financing of
any intersection improvements identified by the approved staging plan as being
required based on the cumulative number of units registered to date and
proposed in that particular stage.
That prior to final approval of the plan, the owner provides written confirmation to
the satisfaction of Regional Commissioner of Planning and Culture that during
site grading, fill material is of equal or greater permeability than the existing
surface and near-surface sand layer, and also confirm that soil compaction was
limited during site clearing and grubbing, and fill replacement.
That prior to final approval of the plan, the owner confirm to the satisfaction of the
Regional Commissioner of Planning and Culture that roof leaders will discharge
to soakaway pits which will be located at a distance greater than 5 metres from
the foundations and that the owner enter into an agreement with the Regional
Municipality of Waterloo to provide for monitoring of the soakaway pits for a
period of two years following the issuance of the last building permit to ensure
that they are installed as designed and perform as intended.
COUNCIL MINUTES
APRIL 2, 2001 - 125 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (CONT'D)
2. (Cont'd)
10.
That prior to final approval, the owner confirm to the satisfaction of the Regional
Commissioner of Planning and Culture that seepage collars will be installed to
ensure that groundwater flows are maintained and that no preferential pathways
for groundwater migration are created.
11.
That prior to final approval, the owner submit plans that ensure the maintenance
access to the storm water management pond is designed to prevent erosion into
the ESPA and that the surface drainage channel within the ESPA will be
rehabilitated and stabilized to prevent further erosion to the satisfaction of the
Regional Municipality of Waterloo and the City of Kitchener.
12.
That prior to final approval, permanent fencing, to the satisfaction of the City of
Kitchener, be installed on City lands to the rear of Lots 11 to 15 inclusive to
reduce occupancy related impacts on the ESPA.
13.
That prior to final approval, silt fencing be installed, and maintained in good order
until the subdivision is fully landscaped, at the appropriate locations downslope of
the stormwater management pond and access road into ESPA 73 to the
satisfaction of the Regional Municipality of Waterloo and the City of Kitchener.
14.
That prior to final approval, the owner submit a sediment and erosion control plan
which will describe measures to prevent migration of soil material from the
development site to the slope woodland and ESPA and that the owner enter into
and agreement with the Region, if necessary, to provide for erosion control
measures as identified in the report.
15.
That prior to final approval the owner confirm that the design of the stormwater
management facility meet the following criteria to the satisfaction of the
Commissioner of Planning and Culture:
a)
that peak flow control for all storms up to and including the 100-year event
ensures that post-development flows to the base of the slope within ESPA
73 do not exceed pre-development flows;
b)
that the permanent pool be designed to prevent rapid draw down and
potential de-stabilization of the slope;
c)
that the discharge outlet maintain as much as feasible existing flow
characteristics into the natural vegetation communities within ESPA 73;
d)
that the outlet structure does not exacerbate erosion within the gully on
the wooded slope of ESPA 73; and
e)
that the outlet pipe be routed through the lesser quality young tree growth
and avoid more mature trees on the wooded slope of ESPA 73.
16.
That prior to final approval, the owner confirm to the Commissioner of Planning
and Culture whether Cooper's Hawk is nesting in the adjoining portion of ESPA
73, and if the site is being used for breeding, that site grading and building
construction not occur during the April 1 to May 31 nesting period.
4. OTHER AGENCY CONDITIONS
That prior to the commencement of any grading or construction on the site, and
prior to registration of any stage of the plan, the owner shall submit the following
plans and reports to the satisfaction and approval of the Grand River
Conservation Authority:
APRIL 2, 2001
COUNCIL MINUTES
- 126 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (CONT'D)
2. (Cont'd)
a)
A detailed Stormwater Management Report and Plan in accordance with
the 1994 Ministry of the Environment and Energy Report entitled
"Stormwater Management Practises Planning and Design Manual" and in
keeping with the Preliminary Stormwater Management Report dated June
1999 prepared by Stantec Consulting Ltd.
b) A detailed Lot Grading and Drainage Plan
c)
An Erosion and Siltation Control Plan in accordance with the Grand River
Conservation Authority's Guidelines for sediment and erosion control,
indicating the means whereby erosion will be minimized and silt
maintained on-site throughout all phases of grading and construction.
d)
An application for Fill, Construction and Alteration to Waterways Permit
pursuant to Ontario Regulation 149 as amended by 69/93 and 669/94 and
142/98 prior to the placement of fill or grading within the Scheduled Fill
line for the Grand River.
That the Subdivider's Agreement between the owners and the municipality
contain provisions for the completion and maintenance of the works in
accordance with the approved plans and reports noted in Condition 4.1 above.
5. CLEARANCE CONDITIONS
That prior to the signing of the final plan by the City's General Manager of Business
and Planning Services, the General Manager shall be advised by the Regional
Commissioner of Planning and Culture that Conditions 3.1-3.16 have been carried
out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter
from the Region shall include a brief statement detailing how each condition has
been satisfied.
That prior to the signing of the final plan by the City's General Manager of Business
and Planning Services the General Manager shall be advised by the Grand River
Conservation Authority that Conditions 4.1 and 4.2 have been carried out to the
satisfaction of the GRCA. The clearance letter from the GRCA shall include a brief
statement detailing how the condition has been satisfied.
That prior to the signing of the final plan by the City's General Manager of Business
and Planning Services the General Manager shall be advised by the telephone
company that Conditions 2.2.5 and 2.2.7 has been carried out satisfactorily. The
clearance letter should contain a brief statement as to how the condition was
satisfied.
That prior to the signing of the final plan by the City's General Manager of Business
and Planning Services the General Manager shall be advised by HYDRO that
Conditions 2.2.6 and 2.2.7 has been carried out satisfactorily. The clearance letter
should contain a brief statement as to how the condition was satisfied.
6. NOTES
Development Charges
The owner/developer is advised that the provisions of the Development Charge
By-laws of the City of Kitchener and the Regional Municipality are applicable.
Registry Act
The final plans for Registration must be in conformity with Ontario Regulation
43/96, as amended, under The Registry Act.
APRIL 2, 2001
COUNCIL MINUTES
- 127 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (CONT'D)
2. (Cont'd)
Updated Information
It is the responsibility of the owner of this draft plan to advise the Regional
Municipality of Waterloo and the City of Kitchener Business and Planning
Services Departments of any changes in ownership, agent, address and phone
number.
Agreement
Most of the Regional Municipality of Waterloo conditions can be satisfied through
an agreement. The onus is on the owner to contact Regional staff in writing to
request the preparation of such an agreement. A copy of a reference plan
showing the lands to be registered that are affected by the agreement and the
conditions to be covered by the agreement should be provided. The fees for the
preparation and registration of this agreement, payable to the Regional
Municipality of Waterloo, are currently $375.00 and $50.00 respectively.
Regional Fees
The owner/developer is advised that the Regional Municipality of Waterloo has
adopted By-Law 96-025, pursuant to Section 69 of the Planning Act, R.S.O. 1990
c. P.13, to prescribe a tariff of fees for application, recirculation, draft approval,
modification to draft approval and registration release of plans of subdivision.
Approvals for Servicing Systems
The proposed water distribution system meets the definition of a "water works"
as defined in the Ontario Water Resources Act. Prior to the construction of the
proposed water supply system. The proponent must ensure that the application
for approval of water works, and appropriate supporting information, are
submitted to the Ministry of the Environment for approval.
10.
Stormwater Management
The proposed stormwater management system meets the definition of a "sewage
works" as defined in the Ontario Water Resources Act. Therefore, approval of
the Director must be obtained under Section 53 of the Ontario Water Resources
Act prior to the construction of the proposed stormwater management system.
The proponent must ensure that the application for approval of sewage works,
and appropriate supporting information, are submitted to the Ministry of the
Environment for approval.
11.
Sewage System
The proposed sanitary sewage collection system meets the definition of a
"sewage works' as defined in the Ontario Water Resources Act. Therefore,
approval of the Director must be obtained under section 53 of the Ontario Water
Resources Act prior to the construction of the proposed sanitary sewage
collection system. The proponent must ensure that the application for approval
of sewage works, and appropriate supporting information, are submitted to the
Ministry of the Environment for approval.
12.
Planning Act Applicability
This draft plan was received on or after May 22, 1996 and shall be processed
and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as
amended by S.O. 1996, c.4 (Bill 20).
13.
Regional Servicing Agreement
The owner/developer is advised that draft approval is not a commitment by The
Regional Municipality of Waterloo to water and wastewater servicing capacity.
To secure this commitment the owner/developer must enter into an "Agreement
for Servicing" with The Regional Municipality of Waterloo by requesting that the
Region's Planning and Culture Department initiate preparation of the agreement.
When sufficient capacity is confirmed by the Region's Commissioner of
APRIL 2, 2001
COUNCIL MINUTES
- 128 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (CONT'D)
2. (Cont'd)
Engineering to service the density as defined by the plan to be registered, the
owner/developer will be offered an "Agreement for Servicing". This agreement
will be time limited, define the servicing commitment by density and use. Should
the "Agreement for Servicing" expire prior to plan registration, a new agreement
will be required.
The owner/developer is to 3rovide the Regional Municipality of Waterloo with two
print copies of the proposed plan to be registered along with the written request
for a servicing agreement.
14.
Registration Release
To ensure that a Regional Release is issued by the Regional Commissioner of
Planning and Culture to the City of Kitchener prior to year end, it is the
responsibility of the owner to ensure that all fees have been paid, that all
Regional conditions have been satisfied and the required clearance letters,
agreements, prints of plan to be registered, and any other required information or
approvals have been deposited with the Regional Planner responsible for the file,
no later than December 15th. Regional staff can not ensure that a Regional
Release would be issued prior to year end where the owner has failed to submit
the appropriate documentation by this date.
15.
Final Plans - Subdivision
When the survey has been completed and the final plan prepared to satisfy the
requirements of the Registry Act, they should be forwarded to the City of
Kitchener. If the plans comply with the terms of approval, and we have received
an assurance from the Regional Municipality of Waterloo and applicable
clearance agencies that the necessary arrangements have been made, the
[enter title of person(s) authorized to sign plan], signature will be endorsed on the
plan and it will be forwarded to the Registry Office for registration.
The following is required for registration and under The Registry Act and for our
use:
One (1) original myler
Four (4) mylar copies
Four (4) white paper prints
It is the opinion of this Committee that approval of this application is proper planning for
the City.
That the City of Kitchener, pursuant to Section 51. (31) of the Planning Act R.S.O. 1990,
C.P 13, as amended, hereby recommends to the Ontario Municipal Board, the following
modifications to the draft approval for Plan of Subdivision Application 30T-94008, for
Krizsanderson Developments Ltd.:
i) revise Condition 51 as follows:
That the final plan for registration purposes shall be prepared in accordance
with the attached Plan of Subdivision dated Revised February 27, 2001
providing that minor changes to said plan, acceptable to the General
Manager of Business and Planning Services and not affecting the
numbering of lots or blocks may be permitted without an amendment to this
agreement."
ii) replace Condition 91 by deleting the following wording:
COUNCIL MINUTES
APRIL 2, 2001 - 129 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (CONT'D)
2. (Cont'd)
The Subdivider agrees to install a 1.8 metre chain link fence along the
perimeter of the property abutting the Kirkpatrick lands, except for that
portion of the property line along Foley's Lane where, subject to appropriate
tree saving measures, alternatives to chain link fencing may be substituted
in consultation with immediately adjacent property owners. Further, that the
above chain link fence, or agreed to alternative, be constructed prior to any
building permit being issued within the affected stage."
and insert new Condition 91 as follows:
The Subdivider agrees to install a suitable fence or an alternative agreed to
in consultation with the immediately adjacent property owners, along the
perimeter of the property abutting Foley's Lane taking into account
appropriate tree saving measures. The fence, or agreed to alternative, is to
be constructed prior to any building permit being issued within the affected
stage."
That Winifred Place in Registered Plan 58M-90 be renamed Winifred Street and the
Corporate Services and City Clerks and Legal Department be instructed to prepare the
necessary by-law and proceed with the legal name change process.
(Dealt with under Delegations and Carried, as Amended)
That Council approve Municipal Plan Amendment Application MP 99/6/D/GR
(Expansion to Downtown and related boundary revisions to the Central Frederick and
Victoria Park Neighbourhood Secondary Plans and Community Improvement Areas),
being an amendment to:
i) revise Map 5, to change the designations of certain lands from Service Commercial
and General Industrial to Downtown;
ii) revise Map 7, Downtown Land Use Districts, to incorporate new lands into the
boundaries of the Warehouse District and Office District;
iii)
revise Map 1, Community Improvement Areas, to amend lands currently in the
boundary of the Cherry Park and Central Frederick planning communities to the
Downtown planning community;
iv)
revise Map 14 'Plan for Land Use' and Map 15 'Floodplain and Environmental
Areas', to remove certain lands from the Victoria Park Neighbourhood Secondary
Plan;
v) revise Map 20 'Plan for Land Use' to remove certain lands from the Central
Frederick Neighbourhood Secondary Plan.
That Zone Change Application ZC 00/19/TC/GR (City Initiated - Downtown Boundary
Expansion) proposing a change in zoning from;
Service Commercial Zone (C-6) with Special Regulation Provision 302R, Service
Commercial Zone (C-6) with Special Regulation Provision 1R, General Industrial
Zone (M-2), General Industrial Zone (M-2) with Special Regulation Provision 1 R, and
General Industrial Zone (M-2) with Special Regulation Provisions 314R and 39H to
Warehouse District (D-6) with Holding Provision 42H, Warehouse District (D-6) with
Holding Provision 43H, Warehouse District (D-6) with Holding Provisions 39H and
43H, Warehouse District with Special Regulation Provision 1R, Special Use
Provision 294U and Holding Provision 43H, and Warehouse District (D-6) with
Special Regulation Provision 1R, Special Use Provision 294U, and Holding
Provision 42H, on lands shown on the attached Map 1, and
COUNCIL MINUTES
APRIL 2, 2001 - 130 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (CONT'D)
3. (Cont'd)
ii)
Commercial Residential Three Zone (CR-3) with Special Use Regulation 125U to
Office District (D-4) the parcels of land described as Part Lot 2 and Part Lot 4 to Part
Lot 9, Plan 406, Part Lot 1 and 2, Plan 372, Part Lot 38, Plan 364, STS and LNS
Part Lot 169 and Lot 3, Plan 406, Plan 58R-2253, Part 3, in the City of Kitchener,
be approved in the form shown on the attached by-law dated February 26, 2001, as
revised March 26, 2001 in accordance with the wording to expand Clause #7 outlined in
the summary of revisions distributed March 26, 2001, without conditions.
That Council approve the amendments to the Downtown Kitchener Community
Improvement Plan to:
i) Expand the boundaries of the lands shown in Schedule "A", "Community
Improvement Project Area"; and
ii)
Revise Part 9 of the Downtown Kitchener Community Improvement Plan to make
minor revisions to clarify certain policies and incentives in accordance with the
Amendment document attached to report BPS-00-130 including deletion and
replacement of Section 9.5 as outlined in the summary of revisions distributed
March 26, 2001 and as further revised April 2, 2001 to amend Section 9.4.D.1
(Program Assistance) to provide that the maximum loan amount for the facade
should be changed to $7,500. (not $15,000.) and the maximum loan amount for
the interior should be changed to $7,500. (not $15,000.)
(Carried, as Amended)
That Demolition Control Application DC 00/09/P/SV (Ivan Biuk), requesting approval for the
demolition of the single detached dwelling located at 111 Pinnacle Drive, legally described as
Part of Biehns Unnumbered Tract part of 5 on reference plan number 58R7954 be approved.
It is the opinion of this Committee that approval of this application is proper planning for the
City.
5. That Council approve the following policy relating to buildings / work without a building permit:
Where work has been completed less than one year before detection, the Building
Division may use any or all legal measures to ensure that a building permit is obtained
and that the Building Code and relevant city zoning regulations have been complied
with;
2. Where work has been completed more than one year before detection and,
(i) the person who completed the work is the current owner, or
(ii)
the current owner was aware or should have been aware of the work on or
before purchasing and/or otherwise acquiring registered ownership of the
property, the Building Division shall require:
(a) building permit(s) for the work,
(b) that construction plans be prepared by the owner describing the
construction that was undertaken,
(c) that sufficient work be uncovered to satisfy the Chief Building Official that
compliance with the Building Code has been achieved; and
(d) that the current owner provide the Building Division with a zoning
compliance report that the work complies with all provisions and
regulations under the City's relevant zoning by-laws; and
COUNCIL MINUTES
APRIL 2, 2001 - 131 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (CONT'D)
5. (Cont'd)
Where work has been completed more than one year before detection, it is determined
to have been completed by a previous owner and 2.(ii) does not apply, provided the
work complies with all City's relevant zoning regulations, a building permit will not be
required, however, an inspection (including, if necessary, uncovering all or part of the
work) will be conducted to determine if there are any unsafe conditions, and
(a)
if upon inspection no ascertainable deficiencies are observed, the file will be
closed with a note that the required permits were not obtained by the Owner and
that there were no inspections undertaken during construction; or
(b)
if an unsafe condition is found, orders will be issued to rectify this condition and
the remedial work itself will require a building permit.
If required by the Chief Building Official and the owner refuses to uncover the work, the
building will be deemed deficient and so noted in City files for subsequent purchasers
and mortgagees. However, if the work is of such character (with regard to evident poor
workmanship and/or the type of work) that, in the opinion of the Chief Building Official,
uncovering is required, the Chief Building Official may take any appropriate steps to
require an uncovering.
That the Council of the City of Kitchener request and advise the Waterloo Region District
School Board and the Waterloo Catholic District School Board as follows:
That the lands within Kitchener's downtown, as designated in the City's Municipal Plan
and as shown on the map attached, be exempted from the imposition of Educational
Development Charges by both Waterloo Region District and Waterloo Catholic District
School Boards consistent with exemptions contained in the City's Development Charge
By-law and the Region's Development Charge By-law;
That the City of Kitchener supports the proposal by the School Boards to not impose
educational development charges on commercial, industrial or institutional development
and impose EDC's only on new residential development;
That both School Boards be requested to consider an 'effective' date for Education
Development Charge By-laws which will allow for appropriate phasing in and
implementation of EDC's by the affected municipalities. Such date should be discussed
and agreed to by the Boards and Municipal staff immediately prior to the adoption of
each by-law by each School Board;
That a formal process to deal with complaints regarding Education Development
Charges under Section 257.85 be developed with each School Board to ensure that
staff and resource support is available to the City in the event a formal complaint is
received regarding Education Development Charge, particularly in the event of an
appeal to the Ontario Municipal Board.
COMMUNITY SERVICES COMMITTEE -
That approval be given to the request of the Kitchener-Waterloo Symphony for a grant of $7,500.
and an in-kind services grant in the amount of $2,500., funded as an over-expenditure from the
General Provision Grant budget, to assist with the cost of the Victoria Day celebration and
concert to be held in Victoria Park on Sunday, May 20, 2001.
That we receive, for information, the 'Feasibility Study Report on a Glass Blowing Studio in
Downtown Kitchener', prepared by N.L. Hushion and Associates, dated February 2001; with this
report to be referred to staff for further review in conjunction with affected community partners;
and further,
COUNCIL MINUTES
APRIL 2, 2001 - 132 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
COMMUNITY SERVICES COMMITTEE (CONT'D) -
2. (Cont'd)
That staff report to the Community Services Committee by December 2001 on the potential of a
self-sustaining glass blowing studio or the disposition of the purchased equipment.
That the existing portable structure at the Chandler-Mowat Community Centre be removed and
replaced with a refurbished structure of approximately the same size, to be placed in the same
location as the existing structure, to be funded as follows:
a)
That the $95,000. currently identified in the 2001 Capital Budget for the expansion of the
Chandler-Mowat Community Centre, be re-allocated to the purchase of the refurbished
structure; and,
b)
That a contribution from the Capital Contingency Fund of up to $55,000. be approved for
remedial work at the Chandler-Mowat Community Centre.
That approval be given to the changes to the Golf Professional Contract outlined in staff report
CSD-01-043; and further,
That the Mayor and Clerk be authorized to execute an agreement with the Golf Professional,
incorporating the above noted changes, satisfactory to the City Solicitor.
That the Mayor and Clerk be authorized to execute an agreement with Kitchener Minor Soccer
Association, permitting the Association to construct an addition to the existing building at
Meinzinger Park and to operate a concession, subject to and in accordance with the terms and
conditions set forth in the agreement dated March 22, 2001.
That the Mayor and Clerk be authorized to execute an agreement with the Optimist Club of
Southwest Kitchener, in the form as attached to staff report CSD-01-046, permitting the Club to
enter upon and operate certain minor sports programs and to locate a portable type building at
Southwest Optimist Park, subject to and in accordance with the terms and conditions set forth in
the agreement.
FINANCE AND ADMINISTRATION COMMITTEE -
That City of Kitchener Municipal Code Chapter 745 (Guns) be amended to exempt the
Kitchener-Waterloo Humane Society and the City Poundkeeper from the prohibition on the
discharge of firearms within the City limits, specifically in regard to the humane destruction of
injured or rabid wild animals on the Humane Society and Poundkeeper premises.
That Council defer development charges, based on a credit from the existing 85 room facility,
applicable to 85 rooms related to the development of a portion of the Lutheran Homes of
Kitchener-Waterloo 'Trinity Village' continuum care facility at 2727 Kingsway Drive; and,
That the Mayor and Clerk be authorized to execute a deferral agreement under Section 27 of
the Development Charges Act to provide for said deferral; and,
That consideration of development charges applicable to 35 additional rooms in the new facility
be temporarily deferred and referred to the June 4, 2001 Finance and Administration
Committee meeting to allow staff of the Business and Planning Services Department and the
Legal Department to prepare a report; and further,
That Lutheran Homes be permitted to proceed with the development and required building
permits be issued based on the above direction.
(Dealt with under Delegations and Carried.)
COUNCIL MINUTES
APRIL 2, 2001 - 133 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
FINANCE AND ADMINISTRATION COMMITTEE (CONT'D) -
That the request of the Optimist Club of Southwest Kitchener to hold a midway at the
Southwest Optimist Park, 120 Pioneer Drive from Thursday, May 24 - Sunday, May 27, 2001
be approved; and,
That the request of Hominiuk Rides Incorporated to hold a midway at Weiland Ford, 707
Ottawa Street South from April 19 -April 22, 2001 be approved; and further,
That approval of both midways be subject to the following conditions:
a)
That the hours of operation are as follows:
· Thursday and Friday, 3:00 p.m. to 11:00 p.m.
· Saturday, 10:00 a.m. to 11:00 p.m.
· Sunday, 11:00 a.m. to 10:00 p.m.
b)
That the music at the midways be turned off one hour before closing time excepting
those evenings (Thursday and Sunday) preceding school days when it shall be turned
off at 8:30 p.m. and,
c)
That parking arrangements be reviewed with staff of the Traffic and Parking Division to
ensure adequate off-street parking will be provided; and,
d) That the required licence be obtained.
(Dealt with under Delegations and Carried.)
That the licence fee for the Herb Fair to be held on May 5 & 6, 2001 and the Handwerk Craft
Show to be held on August 18, 2001, at Joseph Schneider House be reduced to $10.00,
provided the necessary licences are obtained.
That the sale of food in Civic Square and Victoria Park, for the following events on the
following dates, be approved, provided the necessary licences, including Health and Fire
approvals are obtained:
Block Party
Tooney Tuesdays
World Beat
Indi Island
Kidspark
- June 2, 2001
- July 10, 17, 24 & 31, 2001
- July 12, August 9 & September 5, 2001
- June 7, 14, 28 & July 5, 2001
- August 11,2001; and
That in Civic Square, a maximum of four food vendors for each event be permitted on June 2,
July 10, 12, 17, 24, 31, August 9 & September 5, 2001, and in Victoria Park a maximum of four
food vendors be permitted during events to be held on June 7, 14, 28, July 5 & August 11,
2001; and,
That the Block Party on June 2, World Beat on July 12, August 9 & September 5, and Beet
Beethoven on May 20, 2001 be exempt from the provisions of Chapter 450 (Noise) of the City
of Kitchener Municipal Code, the events ending at approximately 11:00 p.m.; and,
That permission be granted to the Special Events Facilitator to hold a fireworks display in
Victoria Park on May 20, 2001, provided the necessary Fire Permit is obtained; and,
That the Caribbean event on August 9 and the Greek event on September 5, 2001, be
designated as events of 'Municipal Significance' for the purpose of applying for a liquor licence,
since these events are a celebration of the diversity of people living within our City; and further,
That the Special Events Facilitator be authorized to sign liquor licence applications for the
above events on behalf of the City of Kitchener.
COUNCIL MINUTES
APRIL 2, 2001 - 134 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
FINANCE AND ADMISITRATION COMMITTEE (CONT'D) -
6. That the 2001 Street Vendors By-law, in the form as attached to Corporate Services
Department Report CRPS-01-042, be approved.
That subject to obtaining all necessary approvals and the payment of all required licence fees,
the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the
City Solicitor, with the owner(s) of Slices Restaurant, located at 300 King Street West, for the
operation of a sidewalk patio for the period commencing the date the Agreement is signed by
all parties to October 31,2001; and,
That subject to obtaining all necessary approvals and the payment of all required licence fees,
the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the
City Solicitor, with the owner(s) of Big City Donut, located at 24 Gaukel Street, for the
operation of a sidewalk patio for the period commencing the date the Agreement is signed by
all parties to October 31,2001; and,
That subject to obtaining all necessary approvals and the payment of all required licence fees,
the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the
City Solicitor, with the owner(s) of Stages, located at 312 King Street West, for the operation of
a sidewalk patio for the period commencing the date the Agreement is signed by all parties to
October 31, 2001; and further,
(Dealt with under Delegations and Carried, excepting agreements for Dandy's
Restaurant and Reggies's which were deferred and referred to the April 9, 2001 Finance
and Administration Committee meeting and Special Council meeting for consideration.)
That the Fleet Division discontinue the use of the existing decal and long stripes on new City
vehicles and substitute the new identification design described in Corporate Services
Department report CRPS-01-034 and illustrated in the attachment to the report.
That the City of Kitchener participate in Human Resources Development Canada's (HRDC)
Job Creation Partnerships Program (JCP) and agree to provide Workplace Safety and
Insurance Board (WSIB) coverage to JCP participants provided that:
a)
such participation will be limited to clerical and Iow risk job placements as
determined by the CAO; and,
b) Council's policy resolution respecting Job Placement and Co-op Student
Placement Procedure is followed; and further,
c)
the Clerk be instructed to send a letter to HRDC, with copies to the local M.P.'s,
the Minister of Human Resources Development Canada and other municipalities
in the Region, expressing the City's concern and displeasure over HRDC's
requirement that sponsor employers must agree to provide WSIB coverage to
JCP participants.
10.
That the policy titled 'Job Placement and Co-op Student Placement Procedure' attached to
Legal Department report LEG-01-029 be approved and added to Human Resources policies
contained in the Council Policy Manual.
11.
That Council approve by-laws, in the form attached to Legal Department report LEG-01-030, to
amend the following:
- By-law 2000-200
- By-law 2000-201
- By-law 2000-228
- By-law 2000-232
(Electrical Contractors and Master Electricians)
(Plumbing / Plumbers)
(Fees - Auctioneers)
(Dogs)
APRIL 2, 2001
COUNCIL MINUTES
- 135 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
FINANCE AND ADMISTRATION COMMITTEE (CONT'D) -
12.
That staff develop a pamphlet to be distributed to all multi-residential properties in the City of
Kitchener to assist landlords in notifying new tenants that pit bulls and pit bull crosses are
prohibited in the City of Kitchener; and,
That subject to the agreement of the Kitchener-Waterloo and North Waterloo Humane Society,
the pamphlets also be distributed with dog licence renewal notices; and further,
That the information in the pamphlet be included in the City of Kitchener website.
13.
That a joint Council/Staff Working Group be established to conduct a preliminary review of the
current Advisory Committees of Council; and further,
That Mayor C. Zehr, Councillor B. Vrbanovic, Councillor C. Weylie, Ms. M. Morrison & Messrs.
B. Stanley, F. Pizzuto, and G. Sosnoski be appointed to the Working Group.
PUBLIC WORKS AND TRANSPORTATION -
That effective April 1, 2001, the parking meters in Library Parking Lot 4 operate with a 3-hour
time limit; and,
That a Pay and Display machine be installed in Parking Lot 4 to replace the existing 44 parking
meters; and further,
That By-law 88-169 be amended accordingly.
That Council waive the consultant selection process and award the 2001 City Hall Garage
Structural Monitoring Program to Reed Jones Christofferson Ltd.
That the existing intersection stop controls at Greenfield Avenue/Eighth Avenue be reversed to
require north and southbound traffic on Eighth Avenue to stop at Greenfield Avenue while
permitting traffic on Greenfield Avenue to travel through Eighth Avenue without stopping; and
further,
That the Uniform Traffic By-law be amended accordingly.
4. That parking be prohibited anytime on the north side of Cayuga Drive; and further,
That the Uniform Traffic By-law be amended accordingly.
That consideration of the request of the Ministry of Transportation and its Contractor(s) for
exemptions from the provisions of Chapter 450 (Noise), Article 6 (Construction Work), of the
City of Kitchener Municipal Code, during the highway widening/structure reconstruction of
Highway 8 from the K-W Expressway to Fergus Avenue between the hours of 7:00 p.m. to
7:00 a.m. and for the period April 1, 2001 to December 31, 2003 be deferred and referred to
a future Public Works and Transportation meeting, pending a meeting between staff and
representatives of the Ministry of Transportation when timelines for the Highway 8 project will
be determined; and further,
That the Mayor be directed to forward a letter to the Minister of Transportation and local MPPs
outlining Council's concern with the anticipated length of time the Franklin Street bridge will be
unavailable for vehicular use.
That Council enter into an agreement with LP Holdings to operate a public parking lot at 521
King Street West; and,
That the Mayor and Clerk be authorized to execute a lease agreement with LP Holdings
satisfactory to the City Solicitor; and further,
COUNCIL MINUTES
APRIL 2, 2001 - 136 -
CITY OF KITCHENER
REPORTS ADOPTED BY COUNCIL
PUBLIC WORKS AND TRANSPORTATION COMMITTEE (CONT'D) -
6. (Cont'd)
That funds in the amount of $140,000. approved for the development of a public parking lot on
the Forsyth property be reallocated for the development of public parking at 521 King Street
West.
That the School Bus Loading Zone on the east side of Louisa Street, presently located from a
point 30 metres north of Margaret Avenue to a point 64 metres north of Margaret Avenue, be
extended 41 metres further north; and further,
That the Uniform Traffic By-law be amended accordingly.
That staff be directed to prepare a report for consideration at the April 9, 2001 Public Works
and Transportation Committee Meeting outlining recommendations concerning provision of an
Adult Crossing Guard on Laurentian Drive across from Trillium Public School.
That staff be directed to prepare a report for consideration at the May 14, 2001 Public Works
and Transportation Committee meeting outlining recommendations concerning the conversion
of a one-way portion of Doon Village Road to two-way traffic.
COUNCIL MINUTES
APRIL 2, 2001 - 137 -
CITY OF KITCHENER
COMMITTEE OF THE WHOLE
A. BY-LAWS LISTED ON THE AGENDA - 2ND READING -
It was resolved:
"That the by-laws considered by this Committee be taken as read a second time and be
recommended for enactment."
B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER-
1. Licences
Council was in receipt this date of Corporate Services Department report CRPS-01-044
(J. Koppeser) dated April 2, 2001 relative to additional Adult Entertainment Parlour
Attendant licences.
i) Adult Entertainment Parlour Attendant
It was resolved:
"That Colleen S. Tansley and Sarah Hough employed at 1127 King Street East,
Kitchener, be granted a 2001 Adult Entertainment Parlour Attendant Licences."
- and -
"That Lisa Defausses, employed at 2271 Kingsway Drive, Kitchener, be granted
a 2001 Adult Entertainment Parlour Attendant Licence."
- and -
"That Rena Omar, employed at 7-280 Victoria Street North, Kitchener, be
granted a 2001 Adult Entertainment Parlour Attendant Licence."
ii) Permanent Vendor/Food Shop
It was resolved:
"That 2001 Permanent Vendor and Food Shop Licences be granted to Todd
Dougall (146037 Ontario Ltd.) for a business to operate at 720 Westmount Road
East, Kitchener, under the name 'Westmount Price Chopper'."
2. Execution of Enqineerinq Agreement - Hiqhland West Subdivision, Stage 2
It was resolved:
"That the Mayor and Clerk be authorized to execute an agreement for the provision of
professional engineering services made between the City of Kitchener and Cumming
Cockburn Limited, regarding Highland West Subdivision, Stage 2, Plan 30T-86016."
Consent to Application for First Reqistration in Land Titles System - North Estate
Farms Ltd./Estate of Morton Norris - Bleams/Westmount Road
It was resolved:
"That the Mayor and Clerk be authorized to execute a Consent and Waiver of Notice to
expedite an Application for First Registration in Land Titles by North Estate Farms Ltd.
registered as Instrument No. 1369974, respecting lands described as Part of Lot 1,
Registrar's Compiled Plan 1470 designated as Parts 1, 2 and 3 on a draft reference
plan attached to the application, being land in the vicinity of Bleams and Westmount
Roads."
COUNCIL MINUTES
APRIL 2, 2001 - 138 -
CITY OF KITCHENER
COMMITTEE OF THE WHOLE
B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
4. Special Occasion Permits/Civic Celebration - K-W Oktoberfest
It was resolved:
"That K-W Oktoberfest, to be held October 5-13, 2001, be proclaimed a period of Civic
Celebration; and,
That the City of Kitchener has no objection to a Special Occasion Permit being issued
for the Oktoberfest Festhallen to be operated by Kitchener-Waterloo Oktoberfest Inc.
during the period of Civic Celebration; and further,
That this event be declared a Community Festival as it is a celebration of Kitchener's
German heritage."
5. Do.q Desi.qnation Appeal Decisions
It was resolved:
"That the March 20, 2001 decision of the Dog Designation Appeal Committee regarding
an appeal filed by Shane Nieman, wherein the Committee rescinds the Prohibited Dog
designation, be ratified and confirmed."
- and -
"That the March 20, 2001 decision of the Dog Designation Appeal Committee regarding
an appeal filed by Doug Carpenter, wherein the Committee affirms the Prohibited Dog
designation, be ratified and confirmed."
6. Various Tenders
Dealt with under Delegations.
7. Noise By-law Exemption Request - Easter Sunrise Service
The Committee was in receipt of Corporate Services Department report CRPS-01-043
(G. Sosnoski), dated March 28, 2001, recommending approval of a request for an
exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code.
Councillor C. Weylie requested an amendment to the staff recommendation to change
the start time for the event from 6:30 a.m. to 6:15 a.m. to reflect the need for set up and
preparation time.
It was resolved:
"That Council grant an exemption to Chapter 450 (Noise) of the City of Kitchener
Municipal Code in regard to an Easter Sunrise Service to be held in the parking lot of
the Victoria Hills Community Centre, weather permitting, on April 15, 2001, from 6:15
a.m. to approximately 7:30 a.m."
Request for Variances to Siqn By-law - 835 Kinq Street West (Grand River
Hospital)
The Committee was in receipt of Business and Planning Services Department report
BPS-01-049, dated March 28, 2001. The Planning and Economic Development
Committee suggested that this matter be brought before Council this date for
consideration to expedite the application approval process for the upcoming Poster Boy
Campaign.
APRIL 2, 2001
COUNCIL MINUTES
- 139 -
CITY OF KITCHENER
COMMITTEE OF THE WHOLE
REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D)
Request for Variances to Siqn By-law - 835 Kinq Street West (Grand River
Hospital) - (Cont'd)
It was resolved:
"That notwithstanding Section 680.26.1 of Chapter 680 (Signs) of the City of Kitchener
Municipal Code, and given the extenuating circumstances surrounding the sign variance
request of the Grand River Hospital, that Council approve Submission No. SG 2001-
005, requesting permission to locate a billboard sign at 835 King Street West, as shown
on the submitted drawings, until such time as the current building construction is
completed or until April 1, 2004, whichever occurs first, after which time the minor
variance approval will no longer apply; and further,
That Council waive any notice requirements in this regard."
9. Application for First Reqistration of Lands - Old Mill Road
The Committee was in receipt this date of Legal Department report LEG-01-034, (L.
MacDonald) dated March 29, 2001, recommending inclusion of a portion of Old Mill
Road in an application for first registration to be submitted by the owners of property
abutting City lands.
It was resolved:
"That Council authorize the inclusion of that portion of Old Mill Road as generally
depicted on the draft plan dated March 28, 2001 in an application for first registration
into Land Titles of the lands abutting thereto and owned by 1421281 Ontario Limited
and 1357440 Ontario Limited, provided there is no cost to the City; and further,
That Council authorize Craig Robson, solicitor for the abutting property owners, to act
as the City's agent for purposes of this application."
10. Noise By-law Exemption Request - Shia Muslim Community
Council was in receipt the date of undated correspondence from Hadi Saeed, President,
Islamic Shia Ithna-Asheri Jamaat of Kitchener requesting a noise by-law exemption for
an upcoming ceremony to commemorate the martyrdom of a leader of the Shia faith.
Mr. G. Sosnoski, City Clerk, clarified that the April 4 exemption is being requested
between the hours of 11:00 p.m. and 2:00 p.m.
It was resolved:
"That Council grant an exemption to Chapter 450 (Noise) of the City of Kitchener
Municipal Code in regard to a commemorative ceremony of the Shia Muslim community
to take place at the Kitchener Wedding Chapel, 1222 Doon Village Road on April 4,
2001 from 11:00 p.m. to 2:00 a.m.